City of Watertown, WI Article VIII Bulk Regulations

§ 550-78 Purpose.

The purpose of this article is to indicate the requirements for building location and bulk in both residential and nonresidential developments. The provisions of this article interact closely with the provisions of Article VII, Density and Intensity.

§ 550-79 Residential bulk standards.

A. All residential lots created under the provisions of this chapter shall comply with the standards of this section. These standards are related to the specific zoning district used. (Refer to Article II.) (See Bulk Regulations table in Appendix D[1] to compare the bulk regulations for all zoning districts.)

[1] Editor's Note: Appendix D is attached to this chapter.

B. Rules to distinguish a one-family dwelling with an in-family suite from a two-family dwelling:

(1) The dwelling unit shall appear as a single-family dwelling. A separate walled garage area and/or driveway is not permitted.

(2) A separate address is not permitted.

(3) Separate utility connection and/or meters are not permitted.

(4) A physical all-weather connection between the main living area and the in-family suite must be present. This required connection may not occur through an attic, basement, garage, porch or other nonliving area. A door may be used to separate the in-family suite from the rest of the dwelling unit but may not be locking, except that a locking door may be used for the bedroom and/or bathroom doors of this in-family suite.

(5) The in-family suite may contain separate kitchen, dining, bathroom, laundry, living, sleeping and recreation areas, including exterior porches, patios and/or decks. In addition to the internal physical connection required above, separate outdoor access and/or separate access to the garage may be provided. However, external stairs which serve as the primary access to the in-family suite are prohibited.

(6) The in-family suite may not be occupied by a nonfamily member (as defined by the State of Wisconsin One- and Two-Family Dwelling Code).

(7) In-family suites should be considered and regulated as part of a single-family dwelling unit.

(8) When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an in-family suite, the building plan shall be marked as "not a separate dwelling unit nor apartment," and a signed letter from the applicant stating agreement with this condition shall be required. This letter shall be recorded by the property owner with the County Register of Deeds.

§ 550-80 Nonresidential bulk standards.

All nonresidential lots created under the provisions of this chapter shall comply with the standards of this section. These standards are related to the specific zoning district used. (Refer to Article II.) (See Bulk Regulations table in Appendix D[1] to compare the bulk regulations for all zoning districts.)

[1] Editor's Note: Appendix D is attached to this chapter.

§ 550-81 Yard setback adjustments.

A. Front yard setback adjustment.

(1) For lots located adjacent to a street with an officially mapped or existing right-of-way equal to or exceeding 100 feet, a forty-foot setback is required to address anticipated future conditions of noise and air quality.

(2) The required front yard setback for any use may be reduced for a principal structure on any lot where more than 50% of the same type of principal structure on the same block face or street face do not meet the required front yard setback. In such instances, the required front yard setback for the proposed structure shall be the average of all the adjoining same type principal structures on said block face or street face.

(3) In order to preserve and maintain the character of established neighborhoods within the City of Watertown, which are typified by front yard setbacks substantially in excess of the minimum required front yard setback, the following regulation shall apply: on block faces with an average front yard setback more than five feet over the minimum, required front yard setback shall be increased to the average of the adjoining same type principal structures on said block face or street face.

B. Rear yard setback adjustment.

[Added by Ord. No. 13-33]

(1) For any lot used exclusively as single-family or two-flat dwellings and located within the following described boundaries, the required rear yard setback for such residential structures of the rear lot line to the house or attached garage shall be reduced to a minimum of 15 feet within the SR-4, TR-6 or MR-8 District for additions that do not exceed a height of one story and 15 feet, including a basement or other foundation.

(2) The said boundaries are: beginning at the intersection of North Church Street and the Union Pacific Railroad tracks; thence southerly along the Union Pacific Railroad tracks to the intersection with the CP Railroad tracks; thence southeasterly along the CP Railroad tracks to the intersection with South Concord Avenue; thence northerly along South Concord Avenue to the intersection with Oconomowoc Avenue; thence easterly along Oconomowoc Avenue to the center of the Rock River; thence downstream along the center of the Rock River; thence due west to the intersection of Water Street and Margaret Street; thence westerly along Margaret Street to the intersection with North Church Street; thence northwesterly along North Church Street to the intersection with the Union Pacific Railroad tracks.

C. Driveway setback adjustment.

[Added 9-15-2020 by Ord. No. 20-22]

(1) For any lot used exclusively as single-family or two-family dwellings and located within the following described boundaries, the required driveway setback shall be reduced to a minimum of zero feet within the SR-4, TR-6 or MR-8 Zoning District.

(2) The said boundaries are: beginning at the intersection of North Church Street and the Union Pacific Railroad tracks; thence southerly along the Union Pacific Railroad tracks to the intersection with the CP Railroad tracks; thence southeasterly along the CP Railroad tracks to the intersection with South Concord Avenue; thence northerly along South Concord Avenue to the intersection with Oconomowoc Avenue; thence easterly along Oconomowoc Avenue to the center of the Rock River; thence downstream along the center of the Rock River; thence due west to the intersection of Water Street and Margaret Street; thence westerly along Margaret Street to the intersection with North Church Street; thence northwesterly along North Church Street to the intersection with the Union Pacific Railroad tracks.

§ 550-82 Intrusions into required yards.

The minimum setback requirements of each zoning district establish the minimum required yards for all uses except those exempted by the provisions of this section.

A. No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this section.

B. No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure.

C. In instances where the required bufferyard width (per § 550-99) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure are permitted within the required bufferyard.

D. Permitted intrusions into required yards. The following intrusions by buildings and structures are permitted into the specified required yards.

(1) Permitted intrusions into required front or street yards:

(a) Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves and gutters for residential buildings, provided they do not extend more than 2 1/2 feet into the required yard.

(b) Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of § 550-110, and provided they do not locate closer than five feet to the front or street property line.

(c) Terraces, steps, uncovered porches, decks, stoops or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance, provided they do not locate closer than 20 feet to any street right-of-way.

(d) Fences on residential or nonresidential lots which do not exceed three feet in height, provided they do not locate closer than two feet to any street right-of-way. Permitted fence types shall comply with the provisions of § 550-123E.

(2) Permitted intrusions into required rear or side yards:

(a) Sills, pilasters, lintels, ornamental features, cornices, eaves and gutters for residential buildings, provided they do not extend more than 2 1/2 feet into the required yard.

(b) Fences may locate on the property line. Permitted fence types shall comply with the provisions of § 550-123.

(c) Fire escapes (on residential buildings) that do not extend more than three feet into the required yard.

(3) Permitted intrusions into required rear yards: Terraces, steps, uncovered porches, decks, stoops or similar appurtenances to residential buildings which do not extend more than one foot above grade, provided they do not locate closer than 20 feet to the rear lot line.

E. All front yard and street yard areas. With the exception of fences, no accessory structures shall be permitted within any portion of a front yard or street yard, except when there is a shoreyard. In instances where there is a shoreyard, shoreyards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.

§ 550-83 Exceptions to maximum height regulations.

A. The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district are the maximum permitted heights for all buildings and structures, except those exempted by this section below.

B. The following are permitted to exceed the maximum height regulations by 10 feet within any district where permitted: church spires, belfries, cupolas and domes which do not contain usable space, public monuments, water towers, fire and hose towers, flagpoles, chimneys, smokestacks, cooling towers, and elevator penthouses. Such uses may exceed said maximum by more than 10 feet with the approval of a conditional use permit.

C. Any building or structure not otherwise accounted for by Subsection B above may exceed said maximum height regulations with the granting of a conditional use permit which specifically states the maximum permitted height of the proposed building or structure.

§ 550-84 Substandard lot regulations.

[Amended 2-4-2014 by Ord. No. 14-5]

A. The following section shall apply to all lots in the City except in the following circumstances:

(1) The lot did not legally exist as of February 1, 2014.

(2) The lot is subject to legal proceedings.

(3) The lot is subject to a court order to the contrary of this section.

B. Blanket conforming status.

(1) Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to all nonconforming or substandard lots in their configuration existing or as finally approved as of the effective date of this chapter. This subsection ensures that lots approved and created prior to the adoption of this chapter do not encounter difficulty because the lots would otherwise be considered nonconforming or substandard.

(2) After the effective date of this chapter, no lot shall be created which does not meet the density, intensity and bulk requirements of the zoning district.

C. A lot of record existing upon the effective date of this chapter in any zoning district, which does not meet the minimum lot area, width and frontage requirements for the zoning district, may be utilized for new or modified development, provided that such development complies with all of the density, intensity and bulk regulations for that zoning district.

D. Abutting vacant substandard lots under the same ownership must be combined prior to development.

E. Except for outlots that received variances prior to the effective date of this chapter, this section shall not apply to outlots without access to a public right-of-way that existed prior to the effective date of this chapter since they are not intended for development.

§ 550-85 Nonconforming structure and building regulations.

[Amended 2-4-2014 by Ord. No. 14-3]

A. The following section shall apply to all structures in the City except in the following circumstances:

(1) The structure did not legally exist at the time of adoption.

(2) The structure is subject to legal proceedings.

(3) The structure is subject to a court order to the contrary of this section.

(4) Federal, state and City floodplain, wetland and shoreland-wetland regulations shall control in case of a conflict.

B. Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to any structure lawfully existing upon February 1, 2014. After said date, structures may not be enlarged, expanded or extended without bringing the enlargement, expansion or extension into compliance with the provisions of this chapter, or unless a variance is granted by the Zoning Board of Appeals under § 550-147.

(1) This subsection is intended to eliminate the continued classification and/or the creation of structures as nonconforming subject to the requirements of this chapter. This provision addresses two different situations:

(a) Any structure erected prior to the adoption of zoning that does not meet some or all of the bulk or intensity requirements of this chapter.

(b) In some instances, this chapter establishes new bulk or intensity requirements that existing legal structures under the previous zoning ordinance do not meet.

(2) This section, therefore, ensures that owners of such structures legally established prior to February 1, 2014, do not encounter difficulty because the structures would otherwise be considered nonconforming.

C. The following shall apply to all structures that do not meet bulk and other requirements of this chapter:

(1) Ordinary maintenance. Ordinary maintenance repairs, including repairs reasonably necessary to prevent the deterioration of a structure, and remodeling of a structure are permitted, as well as necessary nonstructural repairs and alterations which do not extend, enlarge or intensify the structure. Ordinary maintenance repairs and remodeling include internal and external painting, decorating, paneling, the addition of acoustical ceilings, the installation of heating, electricity, plumbing (including fixtures) or insulation, and the replacement of doors, windows and other nonstructural components.

(2) Structural repairs, structural alterations and minor changes. Any and all structural repairs, structural alterations and minor changes may be made so long as no such changes expand upon an existing bulk, density or intensity violation. A conforming garage may be added or expanded.

(3) Additions. Additions, expansions and enlargements may be added; however, such additions must meet the requirements of this chapter unless a variance is granted under § 550-147.

(4) Destruction and reconstruction. A damaged, destroyed or removed structure may be restored to the size, location, design and use that it had immediately before the damage, destruction or removal occurred without any limits on the costs of the repair, reconstruction or improvement if either Subsection C(4)(a) or (b) below applies. The burden of proof in regard to the location, dimensions, configuration and exterior building materials of the damaged or removed structure shall be upon the property owner to demonstrate prior to the issuance of a building permit.

(a) The structure was damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation or other act identified by § 62.23(7), Wis. Stats., on or after March 2, 2006.

(b) The structure was damaged, destroyed, removed or partially removed by other means on or after the effective date of this chapter.

(5) Intentional removal and replacement.

(a) If 50% or more of the total floor area of a structure is intentionally removed by the property owner, the replacement structure must meet the requirements of this chapter unless a variance is granted under § 550-147.

(b) If less than 50% of the total floor area of a structure is intentionally removed by the property owner, it may be restored to the previous footprint, floor area and height.

(c) Existing garages, decks and porches may be replaced in their entirety to the previous footprint, floor area and height.

(6) Unsafe structures. Nothing in this chapter shall preclude the Building Inspector or any other City official from initiating remedial or enforcement actions when any structure is declared unsafe or presents a danger to the public health, safety or welfare.

D. Timing of building permit. Any structure for which a building permit has been lawfully granted prior to the effective date of this chapter, or an amendment to it, which will become nonconforming under the provisions of this chapter or that amendment thereto, may be completed in accordance with the approved plans, provided construction is started within 365 calendar days after issuance of the permit for single- and two-family construction and within 365 calendar days after issuance of a permit for all other development, and construction is completed within 730 calendar days (two years) after the start of construction. If all such conditions are met, the structure shall thereafter be a legal conforming structure.

Rationale: The "blanket conforming status" provision of Subsection B above is intended to eliminate the continued classification and/or creation of certain structures as nonconforming within the jurisdiction of this chapter. This provision addresses two different situations. First: prior to the provision of full-time inspection services, a number of structures were approved in the City of Watertown that did not meet setback requirements. Second: this chapter requires greater side yard setback requirements for certain lot sizes than did previous regulations for similar sized lots. The adoption of the provisions of Subsection B above ensures that structures approved prior to the adoption of this chapter do not encounter difficulty in transferring ownership because they would otherwise be considered nonconforming structures.