The district height limitations established
elsewhere in this chapter may be exceeded, but such modification shall
be in accord with the following:
A.
Architectural projections, such as gazebo roofs, spires,
steeples, belfries, parapet walls, cupolas, domes, flues and chimneys
are exempt from the height limitations of this chapter.
B.
Special structures, such as elevator penthouses, observation
towers and scenery lofts, manufacturing equipment and necessary mechanical
appurtenances, cooling towers, fire towers, substations and smokestacks,
are exempt from the height limitations of this chapter.
C.
Essential services, utilities, water towers, electric
power and communication transmission lines are exempt from the height
limitations of this chapter.
D.
Communication structures, such as radio and television
transmission and relay towers and cellular and personal communication
system towers are allowed only in the G-1 Governmental District, and
then only by conditional use permit. Said structures shall not exceed
in height their distance from the nearest lot line.
[Amended 10-13-1997]
E.
Public or semipublic facilities, such as schools,
churches, hospitals, monuments, sanatoriums, libraries, 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.
[Amended 4-26-2005]
The yard requirements established elsewhere
in this chapter may be modified as follows:
A.
Uncovered stairs, landings and fire escapes may project
into any yard but not to exceed six feet and not closer than three
feet to any lot line.
B.
Architectural projections, such as bay windows, chimneys,
flues, sills, eaves, belt courses and ornaments, may project into
any required yard, but such projection shall not exceed two feet into
any setback area.
C.
Essential services, utilities, electric power and
communication transmission lines are exempt from the yard and distance
requirements of this chapter.
D.
Plant materials are exempt from the yard setback requirements
of this chapter, but shall not be placed in the street right-of-way
without approval of the Director of Public Works.
E.
Average street yards. The following rules apply to
required street yard setback calculations:
[Amended 10-28-2008]
(1)
The required street yard may be decreased in any area
of existing development to the average of the existing street yards
of the abutting structures on each side, but in no case less than
40 feet in any residential district.
(2)
The required street yard shall be increased in any area of existing development in such a manner that the street yard for new development does not deviate more than 30 feet from the average of the existing street yards of the abutting structures on each side. For corner lots, the street yard toward which the principle structure’s primary facade is facing shall be subject to this Subsection E(2); street yard(s) toward which the principle structure’s side or rear facades are facing are not subject to this Subsection E(2.).
F.
Corner lots. Structures shall provide a street yard
as required by this chapter on the street that the structure faces.
A second street yard shall be provided on the side of the structure
abutting a second public or private street. The owner(s) of a corner
lot may designate one yard, other than a street yard, as a side yard
for the property. In the case of new construction, such designation
shall be made prior to submission of a building permit application.
The remaining non-street yard shall then be deemed a rear yard for
purposes of determining setback requirements under this chapter. Such
a designation by the property owner shall be in recordable form and
recorded by the Zoning and Planning Administrator with the Register
of Deeds for Waukesha County and filed with the Village Clerk upon
designation in the case of an existing structure or upon issuance
of an occupancy permit in the case of a new structure. All owners
of the property shall sign the designation. A side yard designation
under this section shall be irrevocable, and no further designation
may be made by the property owner, or the property owner's successors
or assigns, for the life of the then-existing principal structure
or for the life of the proposed principal structure in the case of
new construction.
[Amended 6-27-2006]
G.
Double-frontage lots. Lots abutting two opposite streets
shall provide the minimum setback required by the district in which
the lot is located from each street upon which the lot abuts.
H.
Flag lots.
[Added 10-28-2008[1]]
(1)
After October 28, 2008, the creation of a flag lot
is prohibited unless all of the following conditions are satisfied:
(b)
It must be shown to the satisfaction of the
Plan Commission that the parcel has an environmental or topographical
hardship which prevents a non-flag-configured division of the property.
(c)
It must be shown to the satisfaction of the
Plan Commission that the proposed flag lot will not, for reason of
flooding, inadequate drainage, adverse soil or rock formation, unfavorable
topography, or for any other reason be harmful to the health, safety
or welfare of the property owner, adjacent land owners or the community.
(2)
No more than one flag lot may be created through the
division of a single parcel.
(3)
Flag lots must be created in accordance with all ordinances
of the zoning district in which they are located and in accordance
with all applicable land division ordinances, except for the flagpole
portion of the lot shall have a minimum width of 30 feet.
(4)
The Plan Commission shall designate the property line from which the depth of the street yard on a flag lot will be measured after considering the optimum orientation of the principal dwelling to minimize negative impacts on surrounding properties. The designated property line shall serve as the abutting street right-of-way for building setback purposes. (See Illustration No. 2, § 335-94.)
(5)
The lot area requirements of the applicable zoning
district must be satisfied by the flag portion of the lot, exclusive
of the flagpole portion of the lot.
I.
Existing substandard lots.
[Amended 4-25-2006]
(1)
A lot located in a residential district which does
not contain sufficient area to conform to the dimensional requirements
of this chapter, but which is at least 75 feet wide at the front building
line and 9,000 square feet in area, may be used as a single building
site, provided that the use is permitted in the zoning district and
provided that the lot is a lot of record in the County Register of
Deeds Office prior to the effective date of this chapter.
(2)
A lot located in the business, manufacturing or institutional
districts which does not contain sufficient area to conform to the
dimensional requirements of this chapter may be used as a building
site, provided that the lot is a lot of record in the County Register
of Deeds Office prior to the effective date of this chapter.
(3)
Substandard lots granted permits under this section
shall be required to meet the setback and other yard requirements
of this chapter. A building permit for the improvement of a lot with
lesser dimensions and requisites than those stated above shall be
issued only after a dimensional variance by the Board of Appeals.
