A. Height. The district height limitations stipulated elsewhere in this Chapter may be exceeded in accordance with the following:
1. Architectural Projections such as spires, belfries, cupolas, domes, flues and chimneys are exempt from the height limitations of this Chapter.
2. Special Structures, such as fire towers and substations, are exempt from the height limitations of this Chapter, but conditional use permits may be required. See section 35- 100.
3. Residential Fences and Walls are allowed without a permit on the property lines of residential properties, but shall not in any case exceed a height of six feet in side and rear yards and four feet in street yards; and shall not be closer than one foot to any public right-of- way. No residential fence may be located in a driveway, drainage, utility, or preservation easement.
4. Retaining walls are allowed anywhere in a yard provided, however, that no individual wall shall exceed three feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the base setback line. A zoning permit for a retaining wall is required.
5. Security Fences are allowed on the property lines in all districts except residential districts, and only on property lines of non-residential properties, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
B. Yards. The yard requirements set forth in this Chapter may be modified as follows:
1. Uncovered Stairs, landings, bulkhead doors and fire escapes may project into any yard but not to exceed five feet, may not be closer than three feet to any lot line, and may project into a required court not more than three and one-half feet, provided light and ventilation are not obstructed.
2. Architectural Projections such as chimneys, flues, sills, eaves, belt courses, decorative projections, lighting fixtures, balconies, bay/bow windows and ornaments may project into any required yard; but such projection shall not exceed three feet.
3. Residential Fences and Walls are allowed without a permit on the property lines of residential districts, but shall not in any case exceed a height of six feet in side and rear yards and four feet in street yards; and shall not be closer than one foot to any public right-of-way. No residential fence may be located in a driveway, drainage, utility, or preservation easement.
4. Retaining walls are allowed anywhere in a yard provided, however, that no individual wall shall exceed three feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the base setback line. A zoning permit for a retaining wall is required.
5. Security Fences are allowed on the property lines in all districts except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
6. Accessory Uses and detached accessory structures are permitted in the side and rear yard only; they shall not be closer than ten feet to the principal structure, shall not exceed 15 feet in height, shall not occupy more than 20 percent of the rear yard area, and shall not be closer than five feet to any lot line nor ten feet to any alley line. See also section 35-21, which may modify these requirements.
7. Accessory structures other than buildings, i.e., windmills, play structures, flag poles, and similar structures, shall not exceed in height their distance from the nearest lot line, provided, however, that if the applicant presents to the Plan Commission a report by a structural engineer licensed by the State of Wisconsin certifying the fall-down radius of the proposed structure to be less than its height, the allowed setback shall be that certified distance.
8. Essential Services, utilities, electric power and communication transmission: See section 35-21.
9. See also s. A.5. of this Section.
10. 15 The Zoning Administrator may issue a zoning permit allowing a projection, such as a wheelchair ramp, into a required yard if such a projection is needed as a reasonable accommodation to allow ingress and egress by a disabled person to the building, if that projection would be nonconforming with the requirements of this Chapter, and:
a. The use of that particular entrance to the building is reasonably necessary, and it would be unreasonable to use an alternate entrance to the building for such ingress and egress;
b. The projection does not encroach on a public right of way or neighboring property unless an easement for the encroachment is obtained by the landowner and recorded with the Racine County Register of Deeds; and
c. Any such addition shall be removed within thirty (30) days from the time that the structure is no longer serving the aforementioned handicapped or disabled person. A deed restriction to this effect shall be recorded with the Racine County Register of Deeds and proof of such recording shall be submitted to the Zoning Administrator before a zoning permit will be issued; and
d. There is a minimal intrusion into an environmental corridor. Minimal intrusions into wetland, shoreland-wetland and floodplain districts are allowed if not prohibited by the specific provisions of Chapters 36 and 37.
C. Average Setback. The required setbacks for new residential structures or additions to existing residential structures may be decreased in any residential district to the average of the existing setbacks of the abutting structures on each side but in no case may be less than 15 feet.
D. Corner Lot. A corner lot is a lot that abuts two or more streets at their intersections, provided that the corner of such intersections has an angle of 135 degrees or less, measured on the lot side. There shall be two street yards, one side yard and one rear yard on a corner lot. The Zoning Administrator may determine the rear and side yards on the lot.
(Ord. 2023-4, passed 4-10-2023)
Notes
| 15 | 15 Amended June 8, 2015, Ordinance #2015-1 |