15.390 Supplementary Regulations – Yard, Height, Area, and Setbacks.

(1) Setbacks from Lake Michigan. All buildings and structures, except governmental buildings, public utilities, piers, marinas, boathouses, and similar uses which may require lesser setback, shall be set back at least 75 feet from all points along the ordinary high-water mark of Lake Michigan.

Buildings and structures located on land adjacent to Lake Michigan and lying within the sheltered harbor between the Government Piers are excluded from this 75-foot setback requirement.

The City Engineer or Director of Building Inspection shall determine the ordinary high-water mark where it is not established and on record.

(2) Permitted Height. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which the building is located except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts, and screens, flagpoles, chimneys, smokestacks, radio and television antennas, wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than 25 percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. Nothing in this subsection nor in this chapter shall be interpreted to permit the erection of any structure in violation of any applicable provisions of any airport zoning regulations.

(3) Zoning Lot. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined, and in no case shall there be more than one such building on one lot unless otherwise provided in this chapter.

(4) Lot Limitations. In all Residential Districts, only one principal building shall be placed on a lot of record with the exception of parcels of record described and designated as “outlots,” which may be so arranged or subdivided as to provide for one or more principal buildings when the land area allocated to each building is equal to or greater than the lot area required for the district, and the building and land comply with all other requirements of the district in which they are located.

(5) Yards and Open Spaces. No space which, for the purpose of a building or dwelling group, has been counted or calculated as a part of a side yard, rear yard, front yard, court, or other open space required by this chapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of or for any other building. The minimum yards or other open spaces, including lot area per family required by this chapter for each and every building existing at the time of the passage of the ordinance codified in this chapter or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. Every part of a required yard shall be open from its lowest point to the sky unobstructed except for the following:

(a) Accessory building in the rear yard;

(b) Ordinary building projections, excluding downspouts, such as bay windows, cornices, eaves, gutters, belt courses, sills or similar architectural features, which may project into any yard setback area by not more than two feet;

(c) Chimneys and fireplaces may project into any yard not more than 18 inches;

(d) Open porches, steps, decks, terraces and platforms, all without roof construction, may project into one-half of any required yard; except porches and platforms which require guardrails may not project into such required yard more than three feet. Guard-rails are required on open sides of landings, platforms, balconies, or porches which are more than 24 inches above grade on adjacent levels;

(e) Open, unenclosed stairways or balconies may project into a required side or rear yard not more than three feet; and

(f) Fire escapes may project into any yard not more than four feet.

(6) Frontage. Every building shall front upon a public street or a permanent public easement of access to a public street, which easement shall have a minimum width of 25 feet.

(7) Vision Clearance. No building, wall, fence, or shrubbery shall be erected, maintained, or planted on any lot which obstructs or interferes with traffic visibility in any street, alley, or railroad intersection vision clearance area. The minimum size vision clearance open area triangle standards are listed in each zoning district. Such open area shall be unobstructed from three feet above the highest sidewalk grade to the height of 10 feet above said grade. The maximum grade elevation shall be no more than three feet in this triangle.

(8) Accessory Buildings in Residential District. Any accessory building attached to the principal building on a lot shall be made structurally a part thereof, and shall comply in all respects with the requirements of this chapter applicable to the principal building. Breezeways, for the purpose of this chapter as an attachment between the garage and main building, shall be considered as part of the main building. Accessory buildings capable of storing or parking of automobiles shall be limited to a maximum capacity of three autos per dwelling unit. Detached accessory buildings exceeding 100 square feet in size shall be limited to three accessory buildings on a single- or two-family premises.

(9) Building Grades. Every building hereafter erected, structurally altered, or relocated shall be at a compatible grade that conforms to the established finished grade of the street or sidewalk as established by the City of Manitowoc.

(10) Setback Requirements on Through Lots. Through lots having a frontage on two streets shall provide the required front yard on each street.

(11) Modification of Required Front or Street Side Yards. Whenever 40 percent or more on a front foot basis of all the lots being on one side of a street in the same block and being improved with buildings having front or street side yards of more or less depth than required by this chapter, then the average depth of the front or street side yard of such buildings shall establish the required front or street side yard depth for all such block; provided, that no new building in the “R” Districts shall be required to set back more than 25 feet; and further provided, that this provision shall in no case reduce the required front or street side yard to less than 10 feet.

(12) Substandard Lots. Any residential lot of record held in one ownership at the time of the adoption of the ordinance codified in this chapter, that does not meet the requirements of this chapter for minimum lot area, width, and depth or other open space, may be utilized for single-family purposes; provided, that such yards, lot width, depth, and lot areas or other open spaces are within 75 percent of that required by the terms of this chapter. The purpose of this provision is to permit the utilization of recorded lots which lack adequate width or depth, as long as reasonable standards can be provided.

(13) Approval of Plats. No proposed plat of a new subdivision shall hereafter be approved by either the Common Council or the City Plan Commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter, and unless such plat fully conforms with the Statutes of the State of Wisconsin and the ordinances of the City of Manitowoc.

(14) Setbacks from Major Streets. A building and parking setback shall be provided along the following named major streets. Said setbacks shall be measured from the street line as established by the Official Map, and if said street line is not established on the Official Map, the setback shall be measured from the existing street line. These building setback areas shall be landscaped with grass, trees and/or shrubs and other acceptable landscaping materials, and shall only be used for walkways, identification signs, flagpoles, and driveways perpendicular, or nearly so, to the lot line. The setback area shall be entirely graded, seeded and/or sodded in a manner that will produce an acceptable lawn, along with other landscape elements. Parking or storage of vehicles, parking space access drives or aisles, material storage, products or equipment shall be prohibited within said setback areas, except as noted.

Twenty-five-foot setbacks:

Albert Drive. Beginning at Johnston Drive to North 18th Street;

Bayshore Drive. Beginning at E. Waldo Boulevard to E. Reed Avenue (building setbacks only);

Broadway Street. Beginning at the railroad tracks to the west City limits;

Calumet Avenue. Beginning at South 26th Street to South 41st Street (building setback only). From South 41st Street west to City limits, building and parking setbacks shall apply;

Clipper Drive. Beginning at S. 41st Street to Custer Street (building setback only);

Custer Street. Beginning at 26th Street to the City limits (building setback only);

Dewey Street. Beginning at South 10th Street to South 42nd Street;

Expo Drive. Beginning at S. 41st Street to Vista Road (building setback only);

Johnston Drive. Beginning at Memorial Drive to the City limits;

Magnolia Avenue. Beginning at Memorial Drive to Menasha Avenue;

Maritime Drive. Beginning at Buffalo Street to Memorial Drive;

Memorial Drive. From Waldo Boulevard to City limits (building setback only);

Menasha Avenue. Beginning at Wisconsin Avenue to the City limits (building setback only);

Mirro Drive. Beginning at Memorial Drive to City limits;

Rapids Road (North and South). From City limits to City limits (building setback only);

Viebahn Street. Beginning at 10th Street to City limits;

Waldo Boulevard. Beginning at Memorial Drive to the west City limits;

8th Street (North). Beginning at Park Street to Reed Avenue (building setback only). From Reed Avenue to City limits building and parking setbacks shall apply;

11th Street (North). Beginning at St. Clair Street to Waldo Boulevard;

10th Street (South). Beginning at Division Street to the south City limits;

14th Street (South). Beginning at Dewey Street to Grand Avenue;

18th Street (North). Beginning at Revere Drive North to City limits;

21st Street (South) and Revere Drive. Beginning at Marshall Street to North 18th Street;

24th Street (North). Beginning at Fairmont Street to Menasha Avenue;

26th Street (South). Beginning at Western Avenue to City limits;

30th Street (South). Beginning at Custer Street to City limits;

35th Street (South). Beginning at Meadow Lane to City limits; and

41st Street (South). Beginning at Harbor Town Lane to Custer Street (building setback only); and

42nd Street (South). Beginning at Dewey Street to Viebahn Street (building setback only).

(15) Temporary Batch Plants. Temporary batch plants may be permitted in any zoning district for a single construction season as permitted by the Director of Building Inspection as a temporary conditional use.

(16) Accessory Building Yards for Residential Corner Lots. Accessory buildings to be located on the rear one-half of any residentially zoned corner lot, where no reverse lot frontage condition exists, may be located no closer than two feet to the interior side property line or the rear property line except where easements are provided.

Accessory buildings to be located on the rear one-half of any residentially zoned corner lot, where a reverse lot frontage condition exists, may be located no closer than two feet to the interior side property line and no closer to the rear property line than the distance required as a side yard for the contiguous interior lot according to the applicable requirements of the specific zone involved except where easements are provided.

[Ord. 22-719 § 1, 2022; Ord. 21-786 § 1, 2021; Ord. 17-639 § 1, 2017; Ord. 12-529 § 41, 2012; Ord. 11-430 § 13, 2011; Ord. 08-490 §§ 18 – 20, 2008. Prior code § 15.39]