The purpose of this land use regulation is to
promote the orderly development of the tribal trust lands in Kenosha,
Wisconsin, for commercial entertainment purposes.
This land use regulation shall apply to the
subject site, consisting of 223 acres, more or less, as referenced
in Exhibit 1, hereinafter "Menominee Kenosha trust lands" or "trust
lands."
The following uses are permitted on the referenced
site:
D. Restaurants, without a drive-through.
E. Tavern, cocktail lounge, and nightclub.
F. Convenience retail and service stores as ancillary
facilities to the principal use(s).
I. Theater, indoor and outdoor, excluding adult uses.
J. Commercial recreational uses, indoor and outdoor.
L. Parking facilities, including structures and ramps.
M. Arena, auditorium, exhibition halls and stadiums.
O. Indoor warehouse and storage buildings as ancillary
facilities to the principal use(s).
P. Recreational vehicle park.
Q. Stormwater detention and retention basins.
All uses not specifically listed are prohibited.
Any development of the referenced lands shall
conform to the following requirements:
A. Height regulations.
(1) No building or structure shall be hereafter enlarged,
erected, reconstructed or structurally altered to a height which exceeds
a height of 75 feet or as regulated by the Kenosha Regional Airport
Zoning and Height Limitation Map, as referenced in Exhibit 3, whichever is more restrictive.
(2) Parapet walls not exceeding four feet in height, chimneys,
flues, elevator bulkheads, penthouses, stacks, stage towers or scenery
lofts, cupolas, domes and spires, and necessary mechanical appurtenances
may be erected to a height which exceeds the seventy-five-foot height
limit. However, no architectural projection or any space above the
height limit shall be allowed for the purpose of providing additional
floor space.
(3) Ornamental appurtenances, statues, and monuments shall
not exceed the height of the allowable building height.
B. Visual clearance.
(1) Purpose. Adequate visual clearance must be provided
at intersections for children, pedestrians and for drivers and operators
of all motor vehicles, bicycles and other forms of conveyance so that
they may be observed by each other in a timely manner to lessen the
possibility of accidents and to promote public safety.
(2) General regulations. No obstructions, such as buildings,
structures, fences, parked vehicles or vegetation, which are constructed,
erected, maintained or planted shall be permitted between the heights
of three feet and nine feet above:
(a)
The triangular space formed by any two existing
or proposed intersecting street right-of-way lines and a line joining
points on such lines located a minimum of 15 feet from their intersection.
(b)
The intersection of any existing or proposed
street right-of-way line with an existing or proposed alley right-of-way
line or the line formed by the edge of any driveway and a line joining
points on such lines located a minimum of 15 feet from their intersection.
(3) Exceptions. The following shall be excepted from the
regulations: authorized traffic signs and signals, utility poles and
installations, railroad crossing signs and barricades, mailboxes,
bus stops, flagpoles, decorative lamp poles, public fixtures, and
similar items which do not substantially impair visual clearance.
(4) Parked vehicles. The visual clearance regulations
shall apply to parking facilities.
(5) Natural objects and vegetation. Natural objects and
vegetation such as trees and shrubs must be removed, trimmed or planted
so as to provide, restore or maintain visual clearance.
C. Building and architectural standards.
(1) Building size and scale shall respect the physical
scale of the surrounding area and the scale of surrounding buildings,
within the trust lands.
(2) The location and orientation of building elements
shall respect the orientation of surrounding buildings or structures,
within the trust lands.
(3) The materials and design of buildings and structures
shall complement the surrounding area, within the trust lands.
(4) Adequate handicap access shall be provided to public
buildings and structures as required in the Wisconsin Administrative
Code.
D. Site standards.
(1) The location, proportion, and orientation of buildings
or structures should respect the location, proportion and orientation
of surrounding landforms, buildings or structures, within the trust
lands.
(2) Vehicular access shall meet the following requirements:
(a)
Intersections of a ninety-degree angle are to
be encouraged while other angles are to be discouraged.
(b)
Adequate access for emergency vehicles shall
be maintained.
(3) Any off-street parking area shall meet the applicable
design screening and parking requirements.
(4) Separation of pedestrian and vehicular access shall
be encouraged.
E. Drainage standards.
(1) To the extent possible, surface water runoff on the
site shall be absorbed or retained on the site so that the quantity
and rate of water leaving the site would not be significantly different
than if the site had remained undeveloped.
(2) If drainage from the proposed development is proposed
to be discharged, it shall be discharged in compliance with city,
state and federal requirements.
(3) The proposed development shall not create or increase
surface water runoff or buildup on adjoining or adjacent properties.
F. Landscape standards. Landscaping must accomplish the
following purposes:
(1) Maintaining and promoting general aesthetics by preserving
existing vegetation or landforms or by requiring new landscaping,
both helping to blend buildings and other structures with the landscape.
(2) Circulation control by directing pedestrian and vehicular
traffic with appropriate locations of landscaping.
(3) Environmental control by preventing erosion or sedimentation.
(4) Adjacent property protection by requiring the screening
of incompatible uses and off-street parking facilities.
(5) Landscape quality by requiring appropriate plant or
fence types based on climate, variety, hardiness and maintenance.
G. Utility standards.
(1) Utility systems shall be placed in accordance with
city, state and federal requirements and the utility companies' rules
and regulations.
(2) Any lighting source on any building, structure, or
site which is for the purpose of illuminating any structure exterior
or outdoor area shall be established in a manner which satisfies the
following conditions:
(a)
Such lighting shall be arranged, oriented or
shielded in such a manner that direct radiation or glare from such
source does not penetrate residential lots which are located adjacent
to or across the street from the use being illuminated.
(b)
The source of such illumination shall be arranged,
oriented or shielded in a manner which will not endanger the safety
of pedestrian or vehicular traffic.
(c)
Exterior lighting shall be constant and not
flashing, intermittent or animated in any way.
(3) Storage of waste and trash shall conform to the following
standards:
(a)
Such areas shall be screened from public view.
(b)
Such facilities shall be a minimum of a two-cubic-yard
container readily accessible and located on a hard-surfaced area.