Number
190338
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to zoning regulations for pergolas.
Section
295-505-3 (table) am
295-505-3-f-0 am
295-505-3-f-1 am
295-505-3-f-2 am
295-505-3-f-5 am
295-505-3-f-9 am
295-505-3-i am
Analysis
Under current zoning code provisions, an open-lattice-covered pergola is subject to the accessory structure design standards for an open trellis or arbor. A fully-covered pergola (e.g., one with a corrugated fiberglass roof) is subject to the accessory structure design standards for a shed.
This ordinance provides that the design standards for a fully-covered pergola shall differ from the design standards in the following aspects:
1. A fully-covered pergola shall not be included when calculating lot coverage. A shed shall continue to be included in this calculation.
2. There shall be no minimum rear setback, minimum rear street setback or minimum side street (rear yard) setback for a fully-covered pergola. A shed shall continue to be subject to setback requirements.
3. The maximum sidewall height for a fully-covered pergola shall be 10 feet. The maximum sidewall height for a shed shall continue to be 8 feet.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Table 295-505-3 of the code is amended to read:
|
Table 295-505-3 ACCESSORY STRUCTURE DESIGN STANDARDS |
|
|
Garage |
Shed >>or fully-covered pergola<< |
Deck/stoop less than one foot above grade |
Deck/stoop one to 3 feet above grade |
Deck/stoop 3 to 7 feet above grade |
Deck/stoop more than 7 feet above grade |
Open trellis [[or arbor]] >>, arbor or open-lattice-covered pergola<< |
|
Included in lot coverage calculation? |
Yes |
Yes >>except for a fully-covered pergola.<< |
No |
No |
Yes |
Yes |
No |
|
Minimum front setback |
Same as principal building; if the garage door faces the front of the lot, an additional 4 ft. shall be required. |
Same as principal building. |
No restriction. |
Same as principal building. |
Same as principal building. |
Same as principal building. |
No restriction. |
|
Minimum side street setback |
Same as principal building, but not closer to side street than any existing principal building. |
No restriction. |
Same as principal building. |
Same as principal building. |
No restriction. |
|
Minimum rear street setback |
Average in accordance with s. 295-505-2-e >>; no restriction for fully-covered pergola.<< |
No restriction. |
No restriction. |
|
Minimum side setback when located in the side yard |
Same as principal building. |
Same as principal building. |
No restriction. |
Up to property line; however, all railings above 4 feet shall be at least 50% open. |
1.5 feet; however, all railings above 4 feet shall be at least 50% open. |
Same as principal building. |
Same as principal building. |
|
Table 295-505-3 ACCESSORY STRUCTURE DESIGN STANDARDS |
|
|
Garage |
Shed >>or fully-covered pergola<< |
Deck/stoop less than one foot above grade |
Deck/stoop one to 3 feet above grade |
Deck/stoop 3 to 7 feet above grade |
Deck/stoop more than 7 feet above grade |
Open trellis [[or arbor]] >>, arbor or open-lattice-covered pergola<< |
|
Minimum side setback when located in the rear yard |
1.5 feet; 4 feet if access crosses side lot line from an alley. |
1.5 feet >>; no restriction for fully-covered pergola<<. |
No restriction. |
No restriction. |
1.5 feet; however, all railings above 4 feet shall be at least 50% open. |
1.5 feet; however, all railings above 4 feet shall be at least 50% open. |
No restriction. |
|
Min. rear setback |
4 feet; may be reduced to 1.5 feet if there is no alley or no access from an alley |
4 feet; may be reduced to 1.5 feet if there is no alley or no access from an alley >>; no restriction for fully-covered pergola.<< |
No restriction. |
No restriction. |
1.5 feet; however, all railings above 4 feet shall be at least 50% open |
4 feet; may be reduced to 1.5 feet if there is no alley. |
No restriction. |
|
Max. height of sidewall |
10 feet |
8 feet >>;10 feet for fully-covered pergola.<< |
No restriction. |
No restriction. |
No restriction. |
10 feet |
8 feet |
|
Max. overall height |
24 feet or the height of the principal building, whichever is less |
14 feet |
Not applicable. |
Not applicable. |
Not applicable. |
14 feet |
14 feet |
Part 2. Section 295-505-3-f-0 to 2, 5 and 9 of the code is amended to read:
295-505. Design Standards.
3. ACCESSORY STRUCTURE STANDARDS.
f. Garages [[and]] >>,<< Sheds >>and Fully-Covered Pergolas<< .
f-1. General. An accessory building that is 150 square feet or less in area >>, or a fully-covered pergola of any size,<< shall meet the requirements for sheds set forth in table 295-505-3. An accessory building that is greater than 150 square feet in area shall meet the requirements for garages set forth in table 295-505-3. A carport or similar roofed structure shall meet the requirements for either garages or sheds, depending on the size of the structure.
f-2. Location. A garage [[or]] >>,<< shed >>or fully-covered pergola<< may be located in the rear yard of the principal structure. A garage [[or]] >>,<< shed >>or fully-covered pergola<< may also be located in the side yard, provided it is not in the required side setback area of the principal structure. Garages [[and]] >>,<< sheds >>and fully-covered pergolas<< shall not be permitted in front yards.
f-5. Sidewall Height. The maximum height of a garage [[or]] >>,<< shed >>or fully-covered pergola<< sidewall shall be as specified in table 295-505-3. The height of a sidewall shall be measured from the level of the grade to a horizontal line even with the bottom edge of the fascia board. Where rafter tails are exposed, measurement shall be to a horizontal line even with the bottom edge of the rafters.
f-9. Attachment to Principal Building. A garage [[or]] >>,<< shed >>or fully-covered pergola<< may be attached to a principal building. If an attached garage [[or]] >>,<< shed >>or fully-covered pergola<< has no second-floor living space, it shall be included in the lot coverage calculation for accessory structures, rather than the lot coverage calculation for the principal building. In addition, an attached garage [[or]] >>,<< shed >>or fully-covered pergola<< with no second-floor living space shall be subject to the setback requirements for an accessory building, rather that the setback requirements for a principal building.
Part 3. Section 295-503-3-i of the code is amended to read:
i. Open Trellises [[and]] >>,<< Arbors >>and Open-Lattice-Covered Pergolas<< . An open trellis [[or]] >>,<< arbor >>or open-lattice-covered pergola<< may be located in the front yard, side yard or rear yard in accordance with table 295-505-3.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB174383-2
Jeff Osterman
06/03/2019