The jurisdiction of this chapter shall include all lands and
waters within the corporate limits of the Village of Shorewood and
as otherwise provided by law.
A.
Except as may be otherwise specifically provided, the use, size,
height and location of buildings existing on the effective date of
this chapter or thereafter erected, converted, enlarged or structurally
altered, the provisions for open spaces and the use of land shall
be in compliance with the regulations established herein for the district
in which such land or building is located.
B.
The duty of the Planning and Development Department, with assistance
of the Police Department, shall be to investigate all complaints,
to give notice of violations, and to enforce the provisions of this
chapter. A duly authorized representative of the Planning and Development
Department may enter at any reasonable time any public or private
land or waters to make an inspection pursuant to enforcing the provisions
hereof, subject to applicable law.
C.
In addition to all other powers granted to the Zoning Administrator
and the Planning and Development Department to enforce the provisions
of this chapter, the Zoning Administrator, Building Inspector or any
representative of the Planning and Development Department duly authorized
by the Village Manager are authorized pursuant to § 800.02,
Wis. Stats., to issue municipal citations for violations of any of
the provisions of this chapter.
A.
Unsuitable land. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Planning
and Development Department by reason of flooding, concentrated runoff,
inadequate drainage, adverse soil or rock formation, unfavorable topography,
low percolation rate or bearing strength, erosion susceptibility,
or any other feature likely to be harmful to the health, safety, prosperity,
aesthetics and general welfare of this community.
B.
Lots. All lots shall abut a public street, and each lot shall have
a minimum frontage of 40 feet except as otherwise provided in this
chapter.
C.
Buildable lot. No lot shall be considered a buildable lot if it abuts
a public street dedicated to only a portion of its proposed width
and located on that side thereof from which the required dedication
has not been secured.
D.
Building on divided or replatted lot. It shall be unlawful for any
person, firm or corporation to erect any building or structure on
a lot divided or replatted in violation of the area and frontage requirements
of the district where located.
E.
Principal buildings. All principal buildings shall be located on
a lot, and only one principal building shall be located, erected,
or moved onto a lot unless otherwise provided in this chapter.
F.
Decks, patios, porches and driveways in R Districts. No deck, patio,
porch or driveway shall be constructed unless a Village building permit
is applied for and issued by the Village, in accordance with the requirements
of the Village Code.
(1)
Decks.
(a)
Decks shall not be located in the front yard or street side
yard, or the side setback or rear setback of a lot.
(2)
Patios.
(a)
Patios, which are defined to include any hard-surfaced outdoor
area with minimum dimensions of greater than six feet in length and
width and an area of 64 square feet or greater, excluding driveways,
may be located in the front yard or street side yard, only when constructed
within the following parameters:
[1]
No more than 30% of any front yard or street side yard may be
covered by a patio.
[2]
One entire side of a patio must be adjacent to the principal
building of the lot.
[3]
Front yard patios and street side yard patios shall not be located
closer than three feet to the front lot line or street side lot line.
[4]
A scaled drawing of the proposed layout of the front yard or
street side yard patio must be completed, along with a list of proposed
materials to be used in construction, all of which shall be submitted
to the Design Review Board for review and approval. All materials
must be of high quality, such as cut stone, Lannon or blue stone,
or decorative concrete. In addition, the patio surface shall be screened
from public view by year-round, continuous, natural vegetation of
at least 18 inches in height, such as shrubs, ornamental grasses or
perennial plants that provide screening through the winter months.
High-quality, decorative masonry or concrete walls, and permanent
planters, no higher than three feet as measured from the surface of
the patio, may be used in combination with natural vegetation to achieve
year-round screening. No fences shall serve as the primary screening
materials.
[5]
Patios may not exceed six inches above grade in the front yard
or street side yard.
(b)
Patios shall not be located in the side setback or rear setback
of a lot, with the exception of on-grade patios in the R-5 and R-6
Residence Districts.
(3)
Porches and covered entryways. In order for buildings to have various
features that provide variety, articulation and unique character,
standards are established to allow certain elements of modest size
to be placed in setback areas.
(a)
Required setbacks.
[1]
Porches may project up to eight feet from the front facade of
the house into the front yard and covered entryways may project up
to four feet into the front yard; however, in no instance may such
projection encroach closer than 10 feet to the front lot line.
[2]
Porches and covered entryways shall not be located beyond the
interior side setback.
[3]
Covered entryways may project up to four feet into the street
side yard; however, in no instance may such projection encroach closer
than six feet to the side lot line.
[4]
Porch and covered entryway land area coverage shall count within
the allowable area for principal buildings, per respective zoning
districts.
(b)
Design requirements.
[1]
The maximum depth of a porch shall be no more than 10 feet.
[2]
The floor height of any porch or covered entryway shall be at
or within eight inches of the front entry height.
[3]
Porch and covered entryway roof height shall be a maximum of
one story. A second floor deck with railing may be allowed, subject
to design approval.
[4]
At least 50% of the exterior wall area shall be open; mesh screened
areas, glazing and guardrails shall be considered enclosed.
[5]
A covered entryway shall be centered over the doorway, including
sidelights, and shall not extend greater than three feet in either
direction.
(4)
Driveways.
(a)
Driveways shall not be constructed unless they lead to a garage,
except that circular driveways may be located in the front yard, provided
that there is a garage or a garage is being constructed on the lot
contemporaneously and provided that:
[1]
An applicant for a permit to construct a circular driveway must
submit a sketch of the proposed layout and landscape screening in
addition to any other information that the Building Inspector or the
Design Review Board may reasonably require in order to comply with
this section;
[2]
The design and materials used are aesthetically compatible with
the surrounding neighborhood;
[3]
The width of the lot at the front property line is at least
60 feet to allow for an adequate turning radius;
[4]
There is landscaping necessary to adequately screen it from
street view that does not impair the vision triangle; and
[5]
The plans, including the landscaping, have been reviewed and
approved by the Design Review Board.
(b)
Newly constructed or reconstructed driveways shall have a minimum
width of eight feet. In cases of reconstruction of driveways, the
Building Inspector may waive the minimum width where it is not practically
possible to reconstruct an existing driveway to that width, but the
reconstructed driveway may not be narrower than it was prior to reconstruction.
G.
Open space requirements in R Districts. At least 30% of each lot
shall remain as open space, uncovered by structures, and planted with
grass, shrubs, trees or other forms of vegetation, or surfaced with
natural ground cover.
A.
Height modifications. The district height limitations stipulated
elsewhere in this chapter may be exceeded, but such modification shall
be in accord with the following:
(1)
Residential communication structures shall not exceed a height greater
than 15 feet above the principal building on which they are located.
(2)
Public or semipublic facilities, such as schools, churches, hospitals,
monuments, sanitariums, libraries, and governmental offices and stations,
may be erected to a height of 60 feet, provided that all required
yards are increased not less than one foot for each foot the structure
exceeds the district's maximum height requirement.
(3)
Architectural projections, such as spires, belfries, parapet walls,
cupolas, domes, flues and chimneys, are conditional uses in all R
and P Districts if they exceed the height limitations of this chapter.
B.
Allowed encroachments into yards.
C.
Essential services. Essential services, such as utilities, electric
power and communication transmission lines, are exempt from any setback
and height requirements of this chapter.
D.
Vision setback area.
(1)
Except for intersections controlled by stop lights, stop signs or
yield signs, vision setback lines at intersections of public streets
shall be established by a straight line connecting two points which
are on the center lines of and 50 feet from the intersection point
of the two center lines of intersecting streets.
(2)
In the vision setback area, no structure of any kind shall be permitted
which exceeds a height of three feet above the elevation of the center
of the intersection, except necessary highway and traffic signs, public
utility lines and open fences through which there is clear vision,
nor shall any fence or plant material be permitted which obscures
safe vision of the approaches of the intersection.
No lot, yard, parking area, building area, or other space shall
be reduced in area or dimension so as not to meet the provisions of
this chapter.
No part of any lot, yard, parking area, or other space required
for a structure or use shall be used for any other structure or use.
Subject to the applicable provisions of the Village Code, the
following public utility uses may be located in any district: cable
lines and necessary mechanical appurtenances; telephone and electrical
distribution poles and lines; electrical transformers, provided that
there is no service garage or storage yard; and telephone, telegraph
and power transmission poles and lines and necessary mechanical appurtenances,
including equipment housing, structures and towers, provided that
when a utility proposes a main transmission facility, it shall give
notice to the Planning and Development Department of such intention
and of the date of hearing before the Public Service Commission and,
before construction, shall file with the Planning and Development
Department a mapped description of the route of such transmission
line.
Any use in any district which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, as measured by the standards established in Article VIII of this chapter and by other applicable provisions of the Village Code, shall be corrected or improved by such measures as are approved by the Planning and Development Department consistent with reasonable technology and economic practicality.
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.
