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- 85B - Structures - Port Washington
85B - Structures - Port Washington
Ordinance #85B
Zoning
Structures - City of Port Washington
20.10.000 GENERAL APPLICATION OF REGULATIONS.
20.10.010 ESTABLISHMENT OF DISTRICTS. For the purpose of this ordinance the zoning district classifications listed under Section 20.33.010 are hereby created and established.
20.10.020 COMPLIANCE.
A. Required. Within the City of Port Washington, the use of any land; the size, shape, and placement of lots; the use, size, height, location and type of structure thereon; and the provision of open spaces shall be in compliance with the regulations established therein and made applicable to the district or districts in which such land or structure is located.
B. Prior Permit.
1. Construction Permitted. Nothing herein contained shall require any change in the plans, construction, size or designed use of any structure or part thereof for which a building permit has been issued before the effective date of this ordinance and the construction of which shall have been substantially started within 6 months from the date of such permit.
2. Subsequently Non-Conforming. Any such use which does not conform to the regulations of the districts in which it is located shall, however, subsequently be considered a legal non-conforming use.
20.10.030 STRUCTURES OTHER THAN BUILDINGS.
A. Structures less than 6 inches in height. Structures not classified as buildings and less than 6 inches in height from the surface of the ground shall not be subject to the setback, offset, building size, or open space requirements of this ordinance except as may be specifically otherwise provided.
B. Structures 6 inches or more in height. Structures not classified as buildings and 6 inches or more in height from the surface of the ground shall be subject to the setback, offset, height and open space requirements of this Ordinance except as may be specifically otherwise provided, such as in Section 20.11.020 (4), (6) and (7).
20.10.040 UNDERGROUND BUILDINGS. Any structure classified as a building and not extending more than 6 inches above the surface of the ground shall not be subject to the setback, offset, building size, or open space requirements of this Ordinance.
20.11.000 ACCESSORY USES AND STRUCTURES.
20.11.010 GENERAL.
1. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located except as specifically otherwise provided.
2. No accessory use or structure shall be permitted that by reason of noise, dust, odor, appearance or other objectionable factor creates a nuisance or substantial adverse affect on the property value or interfere with the reasonable enjoyment of the surrounding properties.
3. In any case where the principal use is permitted as a conditional grant, or is permitted only after approval of building site, and operational plans, the requirements of (1) and (2) above shall apply to any use or structure accessory thereto, except that where such accessory use is added subsequent to the original approval, the Plan Commission may grant approval' of any such accessory use without necessity for public hearing if in their opinion it is compatible to the original grant and is not of sufficient scope or different character to necessitate further public hearings.
20.11.020 PERMANENT STRUCTURES.
1. Any permanent roofed structure serving an accessory use if attached to the principal building shall be considered as part of such principal building for all regulatory purposes. If such structure is a building and is not attached to the principal building it shall conform to the building location, height, and open space requirements of the district in which such building is located.
2. Outdoor lighting installations shall be permitted in the setback and offset areas, but not closer than 3 feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.
3. Garages in a residence district or on a lot where the principal use is residential shall conform to the following:
i. No more than one private garage structure shall be permitted on a lot.
ii. Vehicular storage space for not more than one vehicle may be rented to persons not resident on the lot, such space being defined as not more than 300 square feet, except that a maximum of two rental spaces may be permitted where they are the only spaces provided on said lot.
iii. No private garage in a residence district shall be used for carrying on of any general warehousing, metal working, woodworking, masonry, carpentry, contracting or repair business except as a permitted accessory use or home occupation.
iv. No detached private garage shall have a floor greater than 60% of the floor area of the principal building on the lot.
v. No detached private garage shall be erected, structurally altered or relocated so that any roofed portion thereof is closer than 10 feet to the principal building on the lot, nor closer to the base setback line than the required setback, or 25 feet, whichever is greater.
vi. No private garage shall have a floor area providing for more than three parking spaces except that the Plan Commission, upon review of site plans and receipt of permission from adjoining property owners, may permit a larger garage.
vii. Where hereinafter provided in individual district regulations, no dwelling shall hereafter be constructed unless an attached garage, having a floor area not less than as specified in the district, is constructed as part thereof. In lieu thereof, where access to a public or approved private alley is available, a detached garage may be constructed having a floor area of not less than as specified in the district. Carports shall not be accepted as garages for purposes of this Section.
4. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc . , where not subject to "permanent structure classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line, except that walks, drives and paved terraces may be permitted to abut the street line.
5. Parking areas shall be permitted in setback and offset areas but not closer than 3 feet to any property line which is to the rear of the setback line. A Zoning Permit is required for installation of parking areas in offset areas regardless of other provisions of this ordinance.
6. Fences, walls, clothes poles, children's play apparatus and architectural screening devices where anchored to supports imbedded in the ground shall be considered permanent structures and shall be subject to the following:
i. Consistent with the standards set forth in Section 20.11.010 (2) and in compliance with Section 20.15.020 (6) and 20.15.020 (7), fences, walls and architectural screening devices not in excess of 4 feet in height may be permitted anywhere on the lot, and any such structure in excess of 4 feet but not more than 6 feet may be permitted no-closer than 5 feet to a street line provided that in all cases the finished appearance facade shall be toward surrounding properties.
ii. Any such structure, in excess of 6 feet in height may be permitted provided it conforms to the height, offset, and setback requirements of the district in which it is located.
iii. Any such structure, in excess of 6 feet in height may be permitted closer than the required offset from an adjoining lot line, other than a street line, with the written consent of the adjoining property owner but such structure shall not project forward of the building setback line except as permitted under paragraph 1 above.
iv. Retaining walls may be permitted anywhere on the lot provided, however, that no individual wall shall exceed 6 feet in height, and a terrace of at least 3 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 3 feet to the base setback line.
7. In the case of an accessory building not exceeding 150 square feet in ground area or any other permanent structure serving an accessory use, and not attached to the principal building on a lot, the setback, offset, height, and open area requirements of the district in which such structure is located may be modified by the Plan Commission upon submittal of building, site, and operational plans, where in the Commission's opinion no adverse affect would result to surrounding properties from such modification. In granting such modification the Plan Commission may require such architectural treatment, screening by landscape or architectural means, regulations of lighting, or other measures as they deem necessary as a condition to such modification.
Zoning
Structures - City of Port Washington
20.10.000 GENERAL APPLICATION OF REGULATIONS.
20.10.010 ESTABLISHMENT OF DISTRICTS. For the purpose of this ordinance the zoning district classifications listed under Section 20.33.010 are hereby created and established.
20.10.020 COMPLIANCE.
A. Required. Within the City of Port Washington, the use of any land; the size, shape, and placement of lots; the use, size, height, location and type of structure thereon; and the provision of open spaces shall be in compliance with the regulations established therein and made applicable to the district or districts in which such land or structure is located.
B. Prior Permit.
1. Construction Permitted. Nothing herein contained shall require any change in the plans, construction, size or designed use of any structure or part thereof for which a building permit has been issued before the effective date of this ordinance and the construction of which shall have been substantially started within 6 months from the date of such permit.
2. Subsequently Non-Conforming. Any such use which does not conform to the regulations of the districts in which it is located shall, however, subsequently be considered a legal non-conforming use.
20.10.030 STRUCTURES OTHER THAN BUILDINGS.
A. Structures less than 6 inches in height. Structures not classified as buildings and less than 6 inches in height from the surface of the ground shall not be subject to the setback, offset, building size, or open space requirements of this ordinance except as may be specifically otherwise provided.
B. Structures 6 inches or more in height. Structures not classified as buildings and 6 inches or more in height from the surface of the ground shall be subject to the setback, offset, height and open space requirements of this Ordinance except as may be specifically otherwise provided, such as in Section 20.11.020 (4), (6) and (7).
20.10.040 UNDERGROUND BUILDINGS. Any structure classified as a building and not extending more than 6 inches above the surface of the ground shall not be subject to the setback, offset, building size, or open space requirements of this Ordinance.
20.11.000 ACCESSORY USES AND STRUCTURES.
20.11.010 GENERAL.
1. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located except as specifically otherwise provided.
2. No accessory use or structure shall be permitted that by reason of noise, dust, odor, appearance or other objectionable factor creates a nuisance or substantial adverse affect on the property value or interfere with the reasonable enjoyment of the surrounding properties.
3. In any case where the principal use is permitted as a conditional grant, or is permitted only after approval of building site, and operational plans, the requirements of (1) and (2) above shall apply to any use or structure accessory thereto, except that where such accessory use is added subsequent to the original approval, the Plan Commission may grant approval' of any such accessory use without necessity for public hearing if in their opinion it is compatible to the original grant and is not of sufficient scope or different character to necessitate further public hearings.
20.11.020 PERMANENT STRUCTURES.
1. Any permanent roofed structure serving an accessory use if attached to the principal building shall be considered as part of such principal building for all regulatory purposes. If such structure is a building and is not attached to the principal building it shall conform to the building location, height, and open space requirements of the district in which such building is located.
2. Outdoor lighting installations shall be permitted in the setback and offset areas, but not closer than 3 feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.
3. Garages in a residence district or on a lot where the principal use is residential shall conform to the following:
i. No more than one private garage structure shall be permitted on a lot.
ii. Vehicular storage space for not more than one vehicle may be rented to persons not resident on the lot, such space being defined as not more than 300 square feet, except that a maximum of two rental spaces may be permitted where they are the only spaces provided on said lot.
iii. No private garage in a residence district shall be used for carrying on of any general warehousing, metal working, woodworking, masonry, carpentry, contracting or repair business except as a permitted accessory use or home occupation.
iv. No detached private garage shall have a floor greater than 60% of the floor area of the principal building on the lot.
v. No detached private garage shall be erected, structurally altered or relocated so that any roofed portion thereof is closer than 10 feet to the principal building on the lot, nor closer to the base setback line than the required setback, or 25 feet, whichever is greater.
vi. No private garage shall have a floor area providing for more than three parking spaces except that the Plan Commission, upon review of site plans and receipt of permission from adjoining property owners, may permit a larger garage.
vii. Where hereinafter provided in individual district regulations, no dwelling shall hereafter be constructed unless an attached garage, having a floor area not less than as specified in the district, is constructed as part thereof. In lieu thereof, where access to a public or approved private alley is available, a detached garage may be constructed having a floor area of not less than as specified in the district. Carports shall not be accepted as garages for purposes of this Section.
4. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc . , where not subject to "permanent structure classification shall be permitted in setback and offset areas but not closer than 3 feet to an abutting property line other than a street line, except that walks, drives and paved terraces may be permitted to abut the street line.
5. Parking areas shall be permitted in setback and offset areas but not closer than 3 feet to any property line which is to the rear of the setback line. A Zoning Permit is required for installation of parking areas in offset areas regardless of other provisions of this ordinance.
6. Fences, walls, clothes poles, children's play apparatus and architectural screening devices where anchored to supports imbedded in the ground shall be considered permanent structures and shall be subject to the following:
i. Consistent with the standards set forth in Section 20.11.010 (2) and in compliance with Section 20.15.020 (6) and 20.15.020 (7), fences, walls and architectural screening devices not in excess of 4 feet in height may be permitted anywhere on the lot, and any such structure in excess of 4 feet but not more than 6 feet may be permitted no-closer than 5 feet to a street line provided that in all cases the finished appearance facade shall be toward surrounding properties.
ii. Any such structure, in excess of 6 feet in height may be permitted provided it conforms to the height, offset, and setback requirements of the district in which it is located.
iii. Any such structure, in excess of 6 feet in height may be permitted closer than the required offset from an adjoining lot line, other than a street line, with the written consent of the adjoining property owner but such structure shall not project forward of the building setback line except as permitted under paragraph 1 above.
iv. Retaining walls may be permitted anywhere on the lot provided, however, that no individual wall shall exceed 6 feet in height, and a terrace of at least 3 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 3 feet to the base setback line.
7. In the case of an accessory building not exceeding 150 square feet in ground area or any other permanent structure serving an accessory use, and not attached to the principal building on a lot, the setback, offset, height, and open area requirements of the district in which such structure is located may be modified by the Plan Commission upon submittal of building, site, and operational plans, where in the Commission's opinion no adverse affect would result to surrounding properties from such modification. In granting such modification the Plan Commission may require such architectural treatment, screening by landscape or architectural means, regulations of lighting, or other measures as they deem necessary as a condition to such modification.