Chapter 17.112
BUILDING LOCATION

Sections:

17.112.010    Setbacks.

17.112.020    Offsets.

17.112.030    Maintenance and use of setback and offset area.

17.112.040    Accessory building location.

17.112.050    Repealed.

17.112.010 Setbacks.

A.    Base setback lines are established for all streets and highways in the city as follows unless otherwise specified by the council:

1.    The base setback line shall be exterior lines of the existing street right-of-way or a future street right-of-way established by a street reservation shown on a recorded plat or certified survey map, or shall be a line running parallel to the centerline of a street or highway, offset from the centerline a distance equal to one-half the ultimate width of the street or highway as established by the city Master Street Right-of-Way Plan, or Waukesha County Street and Highway Width Map, or any future street right-of-way established in the City Official Map. In case a property is affected by two or more of the provisions herein, the line that will result in the greatest width of setback measured inward from the existing property line shall prevail.

2.    Where no portion of an officially mapped street or highway that affects all or part of an underlying, adjoining or nearby property has been acquired by the city for street or highway purposes, the base setback line nonetheless that applies shall be the mapped future right-of-way, with the following provisions uniquely applicable to mapped future street or highway rights-of-way, or portions thereof, that have not been acquired by the city, as described below:

a.    Structural development established before the official mapping of the future right-of-way and continuing forward shall not be deemed to have non-conforming status for zoning purposes because of the mapped right-of-way or the base setback from that mapped right-of-way. Such pre-existing development shall become nonconforming in zoning status as a result of not conforming with the official mapping or associated setback requirements only when some or all of the adjacent right-of-way affecting the subject property is acquired by the city for street or highway purposes.

b.    Structural development occurring after the official mapping of a right-of-way, including structural expansions of pre-existing development where the development or expansion site is proposed to be located on lands where future streets are officially mapped, but not acquired in full or in part by the city for street or highway purposes, or within base setback lines predicated on nearby mapped, but not acquired rights-of-way, shall comply with setbacks from officially mapped future rights-of-way and becomes existing development upon obtaining an occupancy permit from the city and shall be governed by the appeal procedures of Section 12.04.060 of the City Official Map Ordinance and Wisconsin Statutes Section 62.23(6).

[Note: the official map appeal procedures allow the board of appeals to grant relief where official mapping creates hardship conditions under a variance-like process.]

3.    On all other streets, hereinafter designated as “local streets,” the base setback line shall be thirty (30) feet from the center line.

4.    Service streets shall not be considered in determining the base setback line.

5.    Such setback lines shall be parallel to and measured at right angles to the center line of the street or highway.

B.    Vision setback lines are established as follows:

1.    Across each sector between intersecting streets or highways where the grades are not separated, a vision setback line shall be established by a straight line connecting two points on the intersection base setback lines, which points are located fifty (50) feet distant from the intersection of such base setback lines.

2.    Across each sector between the intersection of a street or highway with the railroad where the grades are not separated, a vision setback line 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 one hundred (100) feet from the intersection of the base setbackline and the railroad right-of-way line.

C.    No principal building or its accessory building shall be hereafter erected or altered so that any roof or enclosed portion thereof is closer to the base setback line than the setback distance specified by the regulations for the district in which such building is located, with the following exceptions:

1.    Where the nearest existing building on one side of such building is within five hundred (500) feet and has less than the required setback, the average between such existing setback and the required setback shall apply.

2.    Where the nearest buildings on both sides of such building are within five hundred (500) feet, but not closer than two hundred (200) feet and have less than the required setback, the average of such existing setbacks and the required setback shall apply.

3.    Where the nearest buildings on both sides of such building are within two hundred (200) feet and have less than the required setback, the average between such existing setbacks shall apply.

4.    The building inspector shall allow a variance of not greater than two feet by reason of any roof, overhang or eave.

4a.    Structures, including decks, awnings or canopies, limited to supporting outdoor seating associated with a restaurant or tavern that is authorized under the provisions of this code.

5.    Except as described in this section, no existing building or structure of any kind shall be hereafter constructed, erected, moved or replaced, within base or vision setback areas, or in any way remodeled so as to further encroach within the established setback area in any direction, except vertically.

D.    Telephone, cable television and power transmission lines may be constructed within the established setback areas and additions to and replacements of existing structures may be made, subject to approval of the plan commission. Underground installations of the same may be required by other provisions of the municipal code.

E.    In all cases where any of the highways for which setback lines are established by this chapter are located on municipal boundaries, such establishment shall apply only within the city limits.

F.    On corner lots of record as such on August 1, 1961, the effect of the setback regulation shall not reduce the buildable width of such corner lot to less than thirty (30) feet. (Ord. 2251-11 § 17, 2011; Ord. 2045-06 § 1, 2006; Ord. 1934 § 2, 2003; Ord. 1871 § 2, 2002: prior code § 17.10(1))

17.112.020 Offsets.

A.    No principal building or its accessory building or any structure shall be hereafter erected or altered so that the nearest part thereof, whether it be the roof or enclosed portion of a building or the edge of the paved deck surrounding a swimming pool, shall be closer to any lot line than the offset distance specified by the regulations for the district in which such structure is located with the following exceptions:

1.    On a lake shore lot a boathouse may be permitted within five feet of the shoreline. The ordinary high-water line shall be considered the shore lot line.

2.    In the case of any lot of record or which has been platted in an unrecorded subdivision approved by the city or its predecessor government which has a minimum 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 width, provided no offset shall in any case be less than ten feet. As it applies to this chapter, the required minimum width for lots within the R-2 and R-3 districts platted before August 15, 1989 shall be one hundred twenty (120) feet. For lots platted after August 15, 1989, the minimum width shall be one hundred thirty (130) feet at the fifty (50) foot setback line.

3.    The building inspector shall allow a variance of not greater than two feet by reason of any roof, overhang or eave.

B.    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.

C.    In any district in which multiple-family residence or business use is permitted, two or more principal buildings on adjoining lots may be erected with common or directly adjoining walls, provided they are erected as a single unified construction project and provided that at both ends of such a “row” type building the offset requirements for the district in which such building is located shall be complied with. (Ord. 1996-05 § 5, 2005; prior code § 17.10(2))

17.112.030 Maintenance and use of setback and offset area.

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, provided nothing herein contained shall prevent the installation of a driveway across setbacks or within offset area necessary and incidental to the proper use of the buildings erected on the lot.

For all lots created after October 14, 2004 there shall be a minimum separation of one hundred (100) feet for any driveway from an intersecting public street as measured from the right-of-way to the nearest edge of the driveway and corner/through lots shall have driveway connections to the lesser class public street. (Ord. 1996-05 § 6, 2005; prior code § 17.10(3))

17.112.040 Accessory building location.

No accessory building shall be erected, structurally altered or placed on a lot so that any roof or enclosed portion thereof is closer than ten feet to the principal building on such lot. (Prior code § 17.10(4))

17.112.050 Building address numbers.

Repealed by Ord. 2607-20. (Prior code § 17.10(5))