Village of Belgium, WI
Ozaukee County
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Table of Contents
Table of Contents
The Village Building Inspector, in reviewing building permits, may grant modifications to the terms of this chapter as provided herein.
The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
A. 
Architectural projections, such as 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, gas tanks, grain elevators, 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, and 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, aerials, and radio and television receiving and transmitting antennas, shall not exceed in height three times their distance from the nearest lot line.
E. 
Agricultural structures, such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.
F. 
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 all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
The yard requirements stipulated elsewhere in this chapter may be modified as follows:
A. 
Uncovered stairs, landings, and fire escapes may project into any yard but not closer than 10 feet to any lot line.
B. 
Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not be more than two feet into any such required yard.
[Amended 6-6-1994 by Ord. 21-94]
C. 
Residential fences are permitted in residential districts but shall not in any case exceed a height of six feet, shall not exceed a height of four feet in the street yard and shall not be closer than two feet to any public right-of-way or easement. Fences may be located on side and rear lot lines provided there are no easements along such lot lines.
[Amended 10-7-1996 by Ord. No. 33-96]
D. 
Security fences are permitted on the property lines in all districts except residential districts but shall not exceed 10 feet in height and shall be of an open type similar to woven-wire or wrought-iron fencing. Security fences may not be located on or over any utility easement.
[Amended 3-13-2006 by Ord. No. 10-06]
E. 
Accessory uses and detached accessory structures are permitted in the rear yard only. They shall not be closer than five feet to the principal structure, shall not exceed 20 feet in height, shall not occupy more than 20% of the rear yard area in all districts except the business districts, where such uses and structures shall not occupy more than 75% of the rear yard area, and shall not be closer than three feet to any lot line or five feet to an alley line.
[Amended 10-7-1996 by Ord. No. 33-96; 1-12-2004 by Ord. No. 3-04]
F. 
Off-street parking is permitted in all yards of all districts but shall not be closer than three feet to a side lot line, right-of-way, or rear lot line.
G. 
Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
H. 
Landscaping and vegetation are exempt from the yard requirements of this chapter.
Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.
The required street yards may be decreased in any residential or business district to the average of the existing street yards of the abutting structures on each side but in no case less than 15 feet in any residential district and five feet in any business district.
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.
[Amended 8-1-1994 by Ord. No. 26-94]
A. 
A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter but which is at least 50 feet wide and 6,000 square feet in area may be used as a single-family building site, provided that:
(1) 
The use is permitted in the zoning district;
(2) 
The lot is of record in the County Register of Deeds office or is contained in a preliminary plat which has been submitted to the Village Plan Commission prior to the effective date of this chapter; and
(3) 
Except in the case of such a preliminary plat, the lot is in separate ownership from abutting lands.
B. 
If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this chapter, the lots involved shall be considered to be an individual parcel for the purpose of this chapter, except where said lots are contained in a preliminary plat which has been submitted to the Village Plan Commission after January 1, 1994, but prior to the effective date of this chapter.
C. 
Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter, except that there may be a minimum side yard of 10 feet measured from the nearest point of the principal structure, excluding roof eaves. A building permit for the improvements of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the Zoning Board of Appeals. A variance shall not be granted if the lot at any time was conveyed to another owner where the common ownership of adjoining lots existed unless a variance was granted for the conveyance.[1]
[Amended 5-14-2007 by Ord. No. 7-07]
[1]
Editor's Note: Original Sec. 13-1-67, Noise, which immediately followed this section, is now included in § 270-82, Noise.