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