§ 42-36. Building location.
(a)
Road setbacks.
(1)
Base setback lines, from which building setbacks shall be measured, are hereby established for all streets and highways in the town as follows, unless otherwise specified by action of the town board:
a.
On all streets or highways for which the ultimate width is fixed by ordinance of the county, the base setback line shall be located at a distance from the centerline equal to one-half such established width as designated on the "Established Street and Highway Width Map of Waukesha County."
b.
On all other streets, which shall be designated as "local streets," the base setback line shall be 33 feet from the centerline of such street or 60 feet from the center point of a cul-de-sac unless specifically designated otherwise by action of the town board.
c.
When a lot abuts a frontage road, the base setback line shall be located at a distance from the centerline of the frontage road equal to one-half the right-of-way width of said frontage road.
d.
Such setback lines shall be parallel to and measured at right angles to the centerline of the street or highway.
(2)
Vision setback lines at the intersections of public streets or highways and of a street or highway with a railroad, where the grade is not separated, are hereby established as follows:
a.
Across each sector between the intersection of a street or highway with a railroad, a vision setback shall be established by a straight line connecting points on the base setback line and the railroad right-of-way line, which points are located 120 feet from the intersection of the base setback line and the railroad right-of-way line.
b.
Across each sector between intersecting streets or highways, one or more of which has been established at a width of 100 feet or more, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located 60 feet distance from the intersection of said base setback lines.
c.
Across each sector between any other intersecting streets, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located 30 feet distance from the intersection of said base setback lines.
(3)
No principal building or its accessory buildings, nor any other permanent structure shall be hereafter erected, altered or placed so that any part of the structure, nor any roofed or enclosed portion thereof, is closer to the base setback line than the setback distance hereinafter specified by the regulations for the district in which such building or structure is located.
(4)
No other structures of any kind, except necessary highway and traffic signs, public utility lines, fences, rural mailboxes, and those signs permitted in a residential or agricultural district shall be hereafter erected, altered, or placed within such base setback area.
(5)
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 for necessary highway and traffic signs, public utility lines, and open fences through which there is clear vision, nor shall any plant material be permitted which obscures safe vision of the approaches to the intersection.
(6)
The plan commission shall have the power and authority to grant a special exception from the setback and/or offset requirements of this chapter to the extent the plan commission finds it necessary to do so, based upon the facts of an individual case, in order to provide a reasonable accommodation to a disabled person. A property owner may apply for the special exception upon payment of the fee established by resolution. A special exception shall not be granted if it would alter the fundamental purpose of the zoning regulations or impose undue financial or administrative burdens on the town. A special exception granted under this subsection expires upon the termination of the occupancy of the property by the disabled person, and the plan commission shall so condition the grant of the special exception and require the recording of a deed restriction setting forth the terms of the special exception and giving notice of its termination requirements. For purposes of this subsection, the term "disability" shall be construed to have the meaning set forth in 42 USC § 12102, title II of the Americans With Disabilities Act, and regulations pertaining thereto, as amended from time to time.
(7)
In all cases where any of the highways for which setback lines are established by this section are located on municipal boundaries, such establishment shall apply only with the unincorporated area.
(8)
On corner lots of record, as of the date of adoption of the ordinance from which this chapter is derived, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet. Where such reduction would result in an area narrower than 30 feet after applying the offset reduction, the town board shall have the authority to modify the setback or offset provision to the extent necessary to minimize the encroachment on both the offset and setback standard while maintaining the 30 feet area required herein.
(b)
Wetland setbacks. Every structure shall have a setback of at least 75 feet from a wetland boundary, except for the following:
(1)
A retaining wall shall be located outside of the wetland boundary.
(2)
A single stairway or walkway may be permitted within the wetland setback. If the walkway is proposed in an area designated as wetland, the walkway shall be constructed on pilings.
(3)
Where there is an existing pattern of development with principal buildings having setbacks less than 75 feet from the wetland boundary line, the setback requirements for new principal buildings or additions to principal buildings shall be allowed to be reduced in accordance with the following setback averaging formula; however, in no case shall the required minimum wetland setback be reduced to less than 35 feet:
a.
Building within wetland setback on one side only. If there is a principal building that is located less than 75 feet from the wetland with a similar use as the proposed building and located on an adjacent lot on one side of the proposed building and within 250 feet of the proposed building, the average of the wetland setback of that building of similar use and the required minimum wetland setback shall apply.
b.
Buildings within wetland setback on both sides. If there are two principal buildings which are located less than 75 feet from the wetland with similar uses as the proposed building and located on adjacent lots on each side of said building and within 250 feet of the proposed building, the average of the wetland setbacks of those buildings of similar use shall apply.
c.
Addition to an existing building within wetland setback. In the case of a proposed addition to an existing principal building which has less than the required wetland setback, the wetland setback of such existing building may be used to determine the required wetland setback for the proposed addition as set forth below.
1.
If there are no existing buildings with a similar use as the building with the proposed addition on either of the adjacent lots, the average of the wetland setback of the existing building and the required wetland setback shall apply to the addition.
2.
If there is only one existing building with a similar use as the building with the proposed addition on an adjacent lot, the average of the wetland setback of the existing building and the existing building on the adjacent lot shall apply to the addition.
3.
If there are existing buildings with similar uses as the building with the proposed addition on both adjacent lots but one of the adjacent buildings is located further from the wetland than the existing building with the proposed addition, the average of the wetland setback of the existing building and the building on the adjacent lot located closest to the wetland shall apply to the addition.
4.
In applying these wetland setback averaging formulas to a proposed principal building or addition to a principal building, the wetland setback measurements shall be taken from other principal buildings only and the measurements shall not be from any immediately adjacent structures, such as decks or patios, retaining walls, swimming pools or sports courts.
5.
In applying these wetland setback averaging formulas to a proposed structure, such as a deck or patio, which is immediately adjacent to the principal building, the wetland setback measurements may be taken from other principal buildings or immediately adjacent structures, such as decks or patios, but not from retaining walls, swimming pools and sports courts.
(4)
The effect of the wetland setback regulations in combination with the road setback regulations shall not reduce the buildable depth of such lot to less than 30 feet. Where such reduction would result in a depth less than 30 feet after applying the wetland setback and road setback, the town board, upon recommendation of the town plan commission, shall have the authority to modify the wetland setback and road setback provisions to the extent necessary to minimize the encroachment on the wetland setback and road setback standards while maintaining the 30-foot depth.
(5)
One accessory structure with a maximum size of 200 square feet may be located as close as 35 feet from the wetland, provided there is no other conforming location available and no other accessory structures located on the lot.
(6)
If the above exceptions do not apply and an improvement or addition is proposed to an existing legal nonconforming structure, the provisions of section 42-44 shall apply.
(c)
Offsets.
(1)
No principal building or its accessory buildings, nor any other permanent structure shall be hereafter erected or altered so that any portion thereof is closer to any lot line than the offset distance hereinafter specified by the regulations for the district in which such building or structure is located with the following exceptions: In the case of any lot of record which has a minimum average width less than that required by the district in which it is located, the offset from a side lot line may be reduced proportionately to the ratio between the actual minimum average width and the required minimum average width; provided, however, that no offset shall in any case be less than ten feet, except that offsets for detached accessory buildings on lots of 100 feet in width or less may be reduced to five feet, provided that no detached accessory building shall be located closer than ten feet to any structure used for residential purposes.
(2)
Where a lot abuts a district boundary line, the offset from such line in the district of less restricted use shall be not less than that required for the district of more restrictive use.
(3)
In the case of multiple family or commercial use structures, the offsets may be modified as follows:
a.
Two or more buildings on adjoining lots may be erected with common or directly adjoining walls, provided the requirements of the state commercial building and HVAC code relative to such construction, are complied with, and provided that at both ends of such row-type buildings, the applicable offset requirements shall be complied with.
b.
The required offset may be reduced on one side of a structure provided the offset on the other side is increased by an equivalent amount and provided the owners of any property adjoining the area of reduced offset shall file with the town board a copy of a recorded deed restriction stipulating that no building shall be erected on said property so as to reduce the combined offset in such case to a distance less than that resulting from the normal application of the minimum offset requirements to both properties, except as permitted under subsection (c)(3)a of this section.
(d)
Maintenance and use setback and offset areas. Any such required setback or offset area shall be landscaped and kept clean and free from the accumulation of debris or refuse and shall not be used for the storage or display of equipment, products, vehicles or any other material.
(e)
Accessory buildings.
(1)
Application and approval.
a.
Accessory building zoning permit application. An application for an accessory building zoning permit shall be submitted to the town clerk-treasurer, including building plans and specifications, rendered elevations, and a plat of survey (or certified survey map) illustrating the location of the accessory building with respect to property lines (i.e., setback and offsets), adjacent buildings, and the location of well and septic fields on the subject property, along with payment of the applicable fee established by resolution.
b.
Review and approval.
1.
Town building inspector. Any residential or agricultural accessory building less than 600 square feet in area shall be reviewed and approved by the town building inspector. The building permit is issued by the building inspector.
2.
Town plan commission and board. Any residential or agricultural accessory building greater than 600 square feet in area or exceeding the maximum height requirement for an accessory building per the applicable zoning district shall be reviewed and approved by the town plan commission and board. The zoning permit is issued by the town planner and the building permit is issued by the building inspector.
c.
Recertification of location for a residential or agricultural accessory building. Per section 42-28(b), the town building inspector shall have the right to request a re-certification of any structure location and elevations at any time during the construction or upon completion of the same if the town building inspector has reason to question whether the building location and elevation meet the requirement of the building minimum offset, setback or elevation requirements.
(2)
Location.
a.
No accessory building shall be erected, structurally altered or placed on a lot in any district so that any portion thereof is closer than ten feet to the principal building or other accessory building or structure on said lot.
b.
Standard or double-frontage lot. No accessory building or structure in any district other than in the C-1 Conservancy and A-1 Agricultural District shall project closer to the base setback line from the primary street than the principal building, and shall meet the setback requirement for the district in which it is located from the secondary street. The primary street shall be the street where the driveway provides access to the principal building.
c.
Corner lot. Accessory buildings on corner lots must meet the setback requirement as measured from the primary street and any secondary street or other public right-of-way abutting the corner lot. The primary street shall be the street where the driveway provides access to the principal building.
(3)
Size. The aggregate total floor area of any accessory building used for residential or agricultural purposes, may be constructed in accordance with the following table, and may not exceed the maximum building footprint of the applicable zoning district:
Column 1 Column 2 Lot Size
Accessory Building Maximum Detached Garage Less 0.50 acres 600 square feet 900 square feet 0.50 to 0.99 acres 900 square feet 1,000 square feet 1.00 acre to 2.99 acres 1,200 square feet 1,200 square feet 3 acres or more 1½ percent of the Lot Area 1,500 square feet a.
Any property improved with a single-family residence that does not have an attached garage, may construct a detached garage in accordance with Column 2 of the above table, and may also construct an accessory building in accordance with Column 1 of the above table; provided, however, that the detached garage shall be located within 50 feet of the residential structure. Any property improved with a single-family residence that does have an attached garage shall be limited to the accessory building maximum square feet shown in Column 1 of the above table.
b.
Any outdoor area adjacent to the accessory building that is covered by an attached roof overhang or porch shall not exceed 30 percent of the total enclosed accessory building square footage. Outdoor areas covered by roof overhang or porch shall not be used for the purpose of outdoor storage or enclosed with exterior walls at any time unless approved by the town plan commission and town board.
(4)
Quantity. In residential districts or residential PUDs, the maximum number of detached accessory buildings shall be limited to three structures, providing the aggregate square footage does not exceed the maximum size allowed or required open space. In all other zoning districts, there shall be no limit for the number of accessory buildings, providing the aggregate square footage does not exceed the maximum size allowed or required open space.
(5)
Use.
a.
Accessory buildings shall be permitted only for uses subordinate to and customarily incidental to the permitted principal use of the property or buildings. The town plan commission and/or town board may require a deed restriction to be recorded with the property limiting the use of the structure to residential and/or agricultural purposes for buildings greater than 600 square feet.
b.
A structure attached to the principle building via a breezeway shall be considered an accessory building unless all of the following conditions are met:
1.
The breezeway is fully enclosed and no longer than ten feet.
2.
The structure is fully enclosed with materials that match the principal building.
3.
The structure is built on a foundation or basement (post, pier, or grade beam foundations are prohibited).
c.
On properties where residential uses are permitted, an attached garage may be converted into residential living space, provided that the property owner simultaneously constructs an attached garage to the residential structure, which attached garage shall meet the minimum requirements set forth in this chapter, and otherwise complies with this Code.
(6)
Appearance and compatibility. Accessory buildings shall be compatible with the principle structure. The town plan commission and/or town board may require specific elements of the accessory structure be compatible with the principal structure, which may include:
a.
Building materials.
b.
Material colors.
c.
Roof pitch.
d.
Windows.
e.
Building massing and scale.
(7)
Request for waiver or modification. A petitioner may request that the town board, upon receipt of a recommendation from the town plan commission, waive enforcement or allow modification of one or more provisions of this chapter dealing with size, quantity and location limitations stated in this section as follows:
a.
Written request. In addition to the accessory building application, the petitioner shall submit a written request for a waiver or modification to the town clerk-treasurer which shall include: a statement specifying the specific provision that the petitioner requests the town board to waive or modify and what, if any, substantial reasons exist for the request for waiver or modification; what, if any, effect the proposed accessory building will have on the subject property and adjacent property; and whether or not the proposed accessory building is consistent with the general neighborhood.
b.
Procedure. Upon receipt of such request for a waiver or modification, the town clerk-treasurer shall place the matter on a town plan commission and board agenda within a reasonable time and shall give written notice of the request for waiver or modification to all property owners within 300 feet of the property being discussed.
c.
Considerations. The town board, upon receipt of recommendation from the town plan commission, shall make a determination which shall include consideration, but not necessarily an affirmative finding, of the following factors:
1.
Whether the request is inconsistent or contradictory to the purpose, spirit or intent of this chapter.
2.
Whether the request violates the spirit or general intent of this chapter.
3.
Whether the request is contrary to the public health, safety, or welfare.
4.
Whether the request is hazardous, harmful, noxious, offensive or a nuisance by reason of noise, dust, smoke, traffic congestion, odor or other similar factors.
5.
Whether, for any other reason, the request will cause substantial adverse effect on the property values and general desirability of the neighborhood.
6.
Whether the request is incompatible to the surrounding land uses.
d.
Grant or denial of request for waiver or modification. After considering the above-listed factors and any other factors that may be relevant to the matter, the town board, upon receipt of a recommendation from the town plan commission, shall then determine whether it is objectively reasonable to grant the request for a waiver or modification. A request for a waiver or modification may be granted without making an affirmative finding concerning any one or more of the above-listed factors if, on the whole, it is objectively reasonable to do so.
e.
Past noncompliance not waived. A waiver or modification that is granted pursuant to a written request, as described in this section, shall not waive or modify any fines, forfeitures or other penalties that may have accrued due to violations of this chapter that took place prior to the date of the request for waiver or modification being granted, unless specifically stated otherwise in the decision of the town board.
(Ord. of 10-24-2017, § 13-2-10)