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An Ordinance to amend Sections 12.10(9), 12.34(7) & 12.36(8) of the Revised Municipal Code pertaining to Zoning Code Required Side Yard Setback Requirements for Corner Lots for One and Two-Family Use Properties.
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The Common Council of the City of West Allis do ordain as follows:
PART I. Section 12.10(9) of the Revised Municipal Code is hereby amended to read as follows:
Chapter XII ZONING CODE.
12.10 General Provisions.
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(9) Residential Side Yard Requirements - Corner Lots. In the case of a lot in a residential Zoning District where the side yard adjoins a street, that side yard shall be at least the minimum width required under that Zoning District, except for lots platted and recorded prior to the passage of this Subchapter. For lots platted and recorded prior to the passage of this Subchapter which are forty (40) feet or less in width, dwellings and garages of twenty-four (24) feet or less in width are permitted, however all other bulk requirements shall be met.
PART II. Section 12.34(7) of the Revised Municipal Code is hereby amended to read as follows:
Chapter XII ZONING CODE.
12.34 RA-4 Residence District.
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(7) Side Yard.
(a) Every lot shall have two (2) side yards, the east and south of which will be not less than seven (7) feet in width and the north and west of which will be not less than three (3) feet in width; provided, however, that any lot having a width of forty (40) feet or less, which was platted and recorded prior to the passage of this Subchapter shall have no side yard less than three (3) feet in width.
(b) In the case of a lot where the side yard adjoins a street, that side yard shall be at least the minimum width established by the existing main buildings on that side of the street or that width required in (a) above, whichever is greater. For lots platted and recorded prior to the passage of this Subchapter which are forty (40) feet or less in width but thirty (30) feet or more in width, a main buildings and a detached accessory garage of twenty-four (24) feet are permitted, however, all other bulk requirements must be met.
(c) Overhanging roof eaves projecting not more than one (1) foot will not be considered as obstructions.
PART III. Section 12.36(8) of the Revised Municipal Code is hereby amended to read as follows:
Chapter XII ZONING CODE.
12.36 RB-2 Residence District.
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(8) Side Yard.
(a) Every lot shall have two (2) side yards, the east and south of which will be not less than seven (7) feet in width and the north and west of which will be not less than three (3) feet in width; provided, however, that any lot having a width of forty (40) feet or less, which was platted and recorded prior to the passage of this Subchapter, shall have no side yard less than three (3) feet in width.
(b) In the case of a lot where the side yard adjoins a street, that side yard shall be at least the minimum width established by the existing main buildings on that side of the street or that width required in (a) above, whichever is greater. For lots platted and recorded prior to the passage of this Subchapter which are forty (40) feet or less in width but thirty (30) feet or more in width, main buildings and accessory buildings of twenty-four (24) feet are permitted, however, all other bulk requirements must be met.
(c) Overhanging roof eaves projecting not more than one (1) foot will not be considered as obstructions.
PART IV. All ordinances or parts of ordinances contravening the provisions of the ordinance are hereby repealed.
PART V. This ordinance shall take effect and be enforced from and after its passage and publication.