Title
An Ordinance to amend subsections 12.06, 12.10(2), 12.30(2), 12.31(4), 12.32(4), 12.33(4), 12.34(3), 12.35(4) and 12.36(8) of the Revised Municipal Code relative to Accessory Building and Accessory Structure definitions and requirements.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Subsection 12.06 of the Revised Municipal Code of the City of West Allis is hereby amended to revise the following terms.
Accessory Building, Residential. See Garage, Private.
Accessory Structure, Residential. A permanent structure (other than recreational equipment or swimming pools), such as a storage shed, a gazebo, or other residential structure that is subordinate and incidental to the one- or two-family dwelling main building and is located on the same lot as such main building.
Lot, Through. An interior lot having frontage on two (2) non-intersecting streets. A through lot is considered to have two (2) front yards for purposes of this Subchapter, unless, where such a lot has a discernible front or rear yard, as determined by the observed pattern of the block.
Yard, Front. A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest supporting member of the main building.
Yard, Rear. A yard extending along the full width of the rear lot line between side lot lines, the depth of which is the minimum horizontal distance between the rear lot line and the nearest supporting member of the main building.
PART II. Subsection 12.10(2) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
(2) Accessory Buildings and Structures. Accessory buildings and structures are permitted as a matter of right in all of the Zoning Districts established within this Subchapter. Such buildings are, however, subject to all applicable general and specific regulations set forth in this Subsection. The following shall apply to residential uses (single and two-family dwellings).
(a) Accessory Buildings.
|
Accessory Building |
Front Yard |
Side Yards |
Rear Yard |
|
Detached Garage |
Not permitted |
Permitted, with 3 ft. setback |
Permitted, with 3 ft. setback |
|
Overhanging roof eaves not more than two (2) feet* |
Not permitted |
Permitted |
Permitted |
*including corner and through lots
(i) Quantity. Residential uses are permitted up to one (1) garage per lot.
(ii) Coverage Area. The total combined building coverage of the allowed main building, accessory building(s) and accessory structure(s) shall be as follows:
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
(iii) Setback. No detached garage shall be located within ten (10) feet of the nearest wall of the main building.
(iv) Corner Lot. An accessory building on a corner lot shall not encroach into the required side yard setback.
(v) Through Lot. An accessory building on a through-lot shall not be located in the front building setback established by the main buildings on the block
In the case of a through-lot with a discernible rear yard, as determined by the observed pattern of the block, no accessory building shall be allowed closer than five (5) feet to that determined rear yard lot line and no garage, storage shed or residential accessory structure shall be allowed closer than three (3) feet from the side lot line.
(vi) Area and Height. A garage shall not exceed one thousand (1,000) square feet in total area. A detached garage shall not exceed eighteen (18) feet in height from roof peak to grade and the side walls between the floor (slab) to the underside of the roof members shall not exceed ten (10) feet. The minimum roof pitch of a garage shall not be less than three (3) feet to twelve (12) feet (3/12 pitch).
(b) Accessory Structures.
|
Accessory Structure |
Front Yard |
Side Yards |
Rear Yard |
|
Storage Shed |
Not permitted |
Permitted, with 3 ft. setback |
Permitted, with 3 ft. setback |
|
Accessory Structure |
Not permitted |
Not permitted |
Permitted, with 3 ft. setback |
|
Overhanging roof eaves not more than two (2) feet* |
Not permitted |
Permitted |
Permitted |
* including corner and through lots
(i) Quantity. Residential uses are permitted up to one (1) storage shed and (1) other accessory structure per lot.
(ii) Area. A residential accessory structure or storage shed may not exceed one hundred fifty (150) square feet in area or twelve (12) feet in height and a storage shed may not have a door greater than five (5) feet in width.
(iii) Coverage Area. The total combined building coverage of the allowed main building, accessory building(s) and accessory structure(s) shall be as follows:
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
(iv) Setback. No accessory structures shall be located within ten (10) feet of the nearest wall of the main building.
(v) Separation. There shall be a minimum of one (1) foot between main buildings, and accessory structures, and they shall not be physically connected.
(vi) Corner Lot. A residential accessory structure on a corner lot shall not encroach into the required side yard setback.
(vii) Through Lot. A residential accessory structure on a through-lot shall not be located in the front building setback established by the main buildings on the block
In the case of a through-lot with a discernible rear yard, as determined by the observed pattern of the block, no residential accessory structure shall be allowed closer than five (5) feet to that determined rear yard lot line and no garage, storage shed or residential accessory structure shall be allowed closer than three (3) feet from the side lot line.
PART III. Subsections 12.30(2)(b), 12.30(2)(c), 12.30(2)(d) and 12.30(2)(e) are hereby repealed.
PART IV. Subsection 12.30(2) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
(2) Lot Coverage.
(a) Main Building, Accessory Building(s) and Accessory Structure(s)
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
PART V. Subsections 12.31(4)(b), 12.31(4)(c), 12.31(4)(d) and 12.31(4)(e) are hereby repealed.
PART VI. Subsection 12.31(4) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
(4) Lot Coverage.
(a) Main Building, Accessory Building(s) and Accessory Structure(s)
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
PART VII. Subsections 12.32(4)(b), 12.32(4)(c), 12.32(4)(d) and 12.32(4)(e) are hereby repealed.
PART VIII. Subsection 12.32(4) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
(4) Lot Coverage.
(a) Main Building, Accessory Building(s) and Accessory Structure(s)
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
PART IX. Subsections 12.33(4)(b), 12.33(4)(c), 12.33(4)(d) and 12.33(4)(e) are hereby repealed.
PART X. Subsection 12.33(4) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
(2) Lot Coverage.
(a) Main Building, Accessory Building(s) and Accessory Structure(s)
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
PART XI. Subsections 12.34(3)(b), 12.34(3)(c), 12.34(3)(d) and 12.34(3)(e) are hereby repealed.
PART XII. Subsection 12.34(3) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
(3) Lot Coverage.
(a) Main Building, Accessory Building(s) and Accessory Structure(s)
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
PART XIII. Subsections 12.35(4)(b), 12.35(4)(c), 12.35(4)(d) and 12.35(4)(e) are hereby repealed.
PART XIV. Subsection 12.35(4) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
(4) Lot Coverage.
(a) Main Building, Accessory Building(s) and Accessory Structure(s)
|
Lot Type |
Combined Coverage Area |
|
Interior Lot |
40% |
|
Corner Lot |
45% |
PART XV. Subsection 12.36(8) of the Revised Municipal Code of the City of West Allis is hereby repealed.
PART XVI. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART XVII. This ordinance shall take effect and be in force from and after its passage and publication.
cc: Department of Development
Building Inspections and Neighborhood Services
City Attorney’s Office
ZON-O-1031-3-15-16