[HISTORY: Adopted by the Town Board of the
Town of Winneconne 11-19-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 120.
Comprehensive Plan — See Ch. 146.
Subdivision of land — See Ch. 275.
Zoning — See Ch. 310.
[1]
Editor's Note: This ordinance also repealed former Ch. 258,
Site Plan Review, adopted 5-15-2003 (Ch. 16 of the 1994 Code), as
amended.
This chapter is established pursuant to the authority conferred
by § 61.34(1) and (5), Wis. Stats., and shall be known as
the "Town of Winneconne Site Plan Ordinance."
The purpose of this chapter is to provide a process for site
plan review and Town conditional use permits for land uses and developments
which are subject to a building permit and/or conditional use permit.
Additionally, this chapter is to promote the public health, safety,
convenience and general welfare by ensuring, to the maximum extent
practicable, that future development or redevelopment of individual
parcels of land in the Town of Winneconne is compatible with existing
or potential development of adjacent or nearby properties and with
public improvements and facilities, such as roads, sewers and surface
drainage.
This chapter is designed to determine, establish, regulate and
restrict:
The regulations and standards of this chapter are minimum requirements. Other regulations and standards contained in the Winnebago County Zoning Ordinance, the Winnebago County Land Division Ordinance, Chapter 310, Zoning, and Chapter 275, Subdivision of Land, of the Town of Winneconne Code and the Wisconsin Administrative Code pertain to the use and development of property and may apply. To the extent possible, the regulations and standards of this chapter shall be construed consistent with and in harmony with other applicable regulations and standards; provided, however, that in the event of a conflict, the most restrictive regulation or standard shall apply.
This chapter applies throughout the Town of Winneconne.
A.
Applicability of regulations. The regulations set forth in this chapter
shall apply to all buildings and structures or additions thereto requiring
a building permit except as follows:
(1)
One- and two-family dwellings and buildings and structures accessory
to one- and two-family dwellings.
(2)
Permitted principal or accessory buildings and structures in an A-1 Farmland Preservation District or A-2 Agricultural District pursuant to the Winnebago County Zoning Ordinance and Chapter 310, Zoning, of the Town Code, as amended.
(3)
Any accessory buildings and structures not exceeding 2,000 square
feet on a parcel where the principal building or structure has been
erected or constructed prior to the effective date of adoption of
this chapter.
(4)
Additions to buildings and structures not exceeding 2,000 square
feet or 20% of the gross floor area, whichever is greater, where the
building or structure has been erected or constructed prior to the
effective date of adoption of this chapter.
B.
Site plan approval required. No building or structure or part thereof requiring a building permit and not exempt pursuant to Subsection A above shall hereafter be erected, constructed or reconstructed, and no building permit shall be issued unless a site plan has been submitted and approved according to the requirements and procedures set forth herein.
A.
Driveways.
(1)
Configuration. Driveways shall ordinarily intersect with public streets
as nearly as possible at right angles.
(2)
Multiple frontage. Where a parcel abuts two streets, access may be
limited to the street with the lowest functional classification, i.e.,
arterial, collector and local.
(3)
Number and spacing. No parcel fronting on a public street for less
than 100 feet shall ordinarily have more than one driveway access
to that street. No parcel fronting on a public street for between
100 feet and 250 feet shall ordinarily have more than two driveway
accesses to that street; provided, however, that the center line of
the two driveways should not be closer than 50 feet for local or collector
streets or closer than 75 feet for arterial streets. One additional
access may be approved for each additional 250 feet subject to the
center-line separation of 50 feet for local or collector streets and
75 feet for arterial streets.
(4)
Corner and lot line clearance. No driveway shall be constructed closer
than 65 feet to a local street intersection, closer than 75 feet to
a collector street intersection or closer than 100 feet to an arterial
street intersection. No driveway shall be constructed with its center
line closer than 25 feet to a property line except when the driveway
is jointly used by the adjoining property.
(5)
Width. Minimum driveway widths of 12 feet are required for one-way
driveways, and minimum driveway widths of 24 feet are required for
two-way driveways. Driveways shall not exceed a maximum width of 36
feet at their juncture with the street pavement or 30 feet in width
at the property line. Driveways shall conform to existing culvert
laws.
(6)
Coordination with opposite-side driveways and buildings. Driveways
shall be located to minimize potential interference and conflicts
with the use of buildings and driveways located on the opposite side
of the street.
B.
Parking.
(1)
Surface. All off-street parking facilities shall be surfaced with
bituminous asphalt, concrete or a dustless material. All surfaces
shall be maintained in a smooth, well-graded condition.
(2)
Drainage. All off-street parking facilities shall meet the drainage
requirements set forth in § 17.02(6) of the Winnebago County
Zoning Ordinance.
(3)
Location and arrangement. Subject to required landscaping areas,
all required yards in commercial and industrial districts may be used
for off-street parking. Off-street parking shall be arranged for convenient
access and safety of pedestrians and vehicles. Off-street parking
shall be arranged so that no vehicle shall be required to back from
such facilities directly onto public streets. Except for driveways,
no part of the right-of-way shall be used for vehicle maneuvering
or parking.
(4)
Dimensional standards. Each off-street parking space shall not be
less than nine feet in width and not less than 180 square feet in
area exclusive of the space required for aisles and driveways. Minimum
aisle width shall be as follows:
|
Angle of Parking
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
|---|---|---|---|
|
Parallel
|
12
|
20
| |
|
30°
|
12
|
20
| |
|
45°
|
12
|
22
| |
|
60°
|
18
|
24
| |
|
90°
|
22
|
24
|
C.
Drainage.
(1)
Drainage requirements. Any parcel developed or redeveloped shall
require submittal of drainage impact calculations and appropriate
drainage improvements for surface water conveyance and/or retention.
Drainage calculations shall use the methodology set forth in TR-55,
Urban Hydrology for Small Watersheds. Drainage shall meet the requirements
set forth in § 17.02(6) of the Winnebago County Zoning Ordinance.
(2)
Existing drainage. To the maximum extent practicable, existing watercourses
and drainage patterns shall be maintained. Modifications of existing
watercourses or drainage patterns shall not unduly impair or impede
drainage from other parcels in the watershed. Farm drain tile shall
not be terminated or discontinued without provision to accommodate
tile flows.
A.
General requirements. A site plan shall be submitted prior to or
coincident with an application for a building permit. For conditional
uses under the Winnebago County Zoning Ordinance, a site plan shall
be submitted prior to or coincident with an application for conditional
use permit.
B.
Site plan review application. A site plan review application shall
be submitted along with the site plan to the Town Plan Commission
for review and recommendation to the Board. The site plan review application
shall be available from the Town and require the following information:
C.
Plan of operation. The plan of operation shall, in letter or report
form, include the following, when applicable:
(1)
Proposed use of land and building(s);
(2)
Total number of employees;
(3)
Hours of operation;
(4)
Total occupancy of building (if restaurant, church or other assembly
use);
(5)
Total number of units (if residential); and
(6)
Number, type and size of vehicles stored outdoors (recreational and
commercial).
D.
Building plans. Building plans shall show and include the following:
(1)
Design and architecture of building. Elevations shall be provided
and dimensioned for all proposed and existing structures.
(2)
Materials and color. Wall, roof and trim material and colors shall
be submitted and indicated on the plans and should complement the
surrounding area.
(3)
Massing and orientation. Building size, scale, location and orientation
should reflect the physical scale of the surrounding buildings.
(4)
Building plans. Floor plans, for each story, and sections shall be
drawn to sufficient detail so that all room sizes, wall openings,
building projections and location of all exterior HVAC and utility
services equipment can be identified.
(5)
Dumpster enclosures. Elevations and material and colors of dumpster
enclosures shall be indicated on the plans and should complement the
building.
(6)
Residential units. Rooms used for residential purposes shall provide
adequate living area, as required in the International Building Code
and the Municipal Code.
(8)
Roof-mounted equipment. All roof-mounted equipment shall be located
and/or screened in order to minimize its visibility from the abutting
streets and surrounding properties.
(9)
Multifamily buildings. Multifamily buildings shall conform with the
exterior building variation guidelines hereinafter set forth:
(a)
Exterior building variation is required on multifamily buildings
that contain eight or more units. One quarter of units within the
building shall differ from the other units by symmetrically changing
the location, pattern or form of at least two of the following architectural
elements:
(b)
Each building in a multifamily development that consists of
two or more buildings shall differ from each adjacent and facing building
by using at least two of the following criteria:
[1]
Staggered setbacks of at least 1/2 a building length between
buildings;
[2]
Shifted building orientation of at least 45° between buildings;
[3]
Facade width, height and symmetry;
[4]
Roof pitch or design;
[5]
Total number, type or symmetrical location of doors, windows
or architectural properties and the exterior building materials;
[6]
Other exterior building modifications approved by the Plan Commission.
(c)
At a minimum, the lower 1/3 of the building shall be architectural
masonry and/or glass.
(d)
The Town Plan Commission may waive any of these requirements
for additions to existing buildings or structures on a case-by-case
basis.
(10)
Commercial and institutional buildings. Commercial and institutional
buildings shall conform to the design guidelines hereinafter set as
follows:
(a)
Articulation on the rooflines shall be provided by using a pitched
roof, a partial roof or parapet walls of varying heights.
(b)
Rooftop mechanical equipment shall be concealed in order to
prevent its visibility from grade level as measured from the lot lines
and abutting street rights-of-way.
(c)
At a minimum, the lower 1/3 of the building shall be architectural
masonry and/or glass.
(d)
Materials and colors of the outbuildings or accessory structures
shall be consistent with the main building.
(e)
Articulation of building facades should be provided by using
recesses and/or projections, ornamentation, windows, awnings, arcades
or similar architectural elements.
(f)
The Plan Commission may waive any of these requirements for
additions to existing buildings or structures on a case-by-case basis.
(11)
Industrial buildings. Industrial buildings shall conform with
the design guidelines hereinafter set forth:
(a)
Building exteriors of all new industrial buildings or additions
shall be constructed of architectural masonry, architectural composite
aluminum or steel panels, glass or any combination of these materials
at a minimum on the lower 1/3 of the building fronting a public street
or officially mapped road.
(b)
Articulation of entrances and office areas is encouraged.
E.
Site plans. Site plans shall show and include the following:
(1)
Legal description. Legal description and property location.
(2)
Dimensions. Dimensions of the development site, indicated along the
property line. Distances from the property line to all buildings,
structures and freestanding signs and building setback lines shall
be indicated.
(3)
Building layout and signage. The location, footprint, outside dimensions,
floor elevation and square footage of all buildings, structures and
freestanding signs shall be indicated.
(4)
Setbacks. Front, side and rear yard zoning setback lines shall be
indicated and labeled as such.
(5)
Grades. Proposed and existing grading at two-foot intervals. In addition,
location, grade and dimensions of all existing and proposed paving
surfaces and of all abutting streets.
(6)
Access. Existing and proposed pedestrian and vehicular access points,
streets, drives, alleys, bicycle paths, bridges, intersections and
other pedestrian and vehicular circulation elements, labeled with
street names, dimensions and surface materials identified (i.e., asphalt,
sod, concrete, etc.).
(7)
Parking. Location and dimensions of vehicle accommodation areas,
including parking areas, loading areas and circulation areas, with
the surface material identified and showing the layout and dimensions
of parking spaces and direction of travel lanes, aisles or driveways.
The number of parking spaces required, as outlined in the Winnebago
County Town/County Zoning Ordinance, shall be labeled.
(8)
Surface of off-street parking areas. All required off-street parking
areas and any driveway, interior access driveway or interior access
drive to and from such off-street parking areas shall be hard surfaced
with asphalt, concrete or other material to provide a durable, dust-free
surface.
(9)
Easements. Location and dimensions of all existing or planned easements,
lands subject to deed restrictions or protective covenants, rights-of-way,
and required emergency accessways.
(10)
Stormwater detention. The location and square footage of the
stormwater detention pond, if required, shall be identified.
(11)
Lands dedicated to the public. Identification of all land to
be dedicated or reserved for public use, with the use named.
(12)
Exterior lighting. The location and type of outdoor lighting
fixtures, if any, and shall also meet the following requirements:
(a)
Any outdoor lighting shall be direct cutoff in nature and shall
be directed away from surrounding properties and vehicular traffic.
No exterior lighting, whether freestanding or mounted on a building
or structure, shall be reflected or produce unreasonable glare upward
or beyond the parcel boundaries.
(b)
Light fixtures shall be selected with care to ensure that they
are appropriately scaled in relation to their setting and to ensure
that they are of a style that is compatible with the character of
their immediate environment.
(c)
All lighting wires/cables shall be placed underground.
(d)
Accent lighting should be used only to highlight architectural
and landscape design elements, when appropriate.
(e)
Pedestrian walkways and parking areas shall be illuminated to
a sufficient level so as to provide for safety and security.
(13)
Site constraints. Any easement, covenant or right-of-way, existing
or planned, which creates site design constraints shall be indicated.
Any design adjustments to these constraints shall not adversely impact
the intent of these standards or the provisions of this chapter.
(14)
Floodplain and wetlands. The location of any floodplain, wetland
and shoreland boundary shall be shown.
(15)
Orientation. The location, proportion and orientation of buildings
or structures should complement the location, proportion and orientation
of surrounding land forms, buildings or structures.
(16)
Surrounding land uses and zoning. The Plan Commission shall
consider the impact of the proposed development on the Comprehensive
Plan, any neighborhood plan and zoning, as amended. The Plan Commission
shall use the following criteria when assessing the development's
impact on surrounding land uses:
(a)
The development shall be consistent with the objectives of the
Comprehensive Plan and any neighborhood plan.
(b)
The development shall be compatible with the character and objectives
of the zoning district or districts within which it is located.
(c)
The development shall be compatible with the character of the
neighborhood which surrounds the development.
(17)
Site access. Site access shall be governed by the following
criteria:
(a)
Site entrance drive dimensions such as widths, radii and visibility
triangles shall be identified.
(b)
An adequate internal stacking distance shall be provided from
the property line at each entrance.
(c)
Appropriate traffic control measures, including signs, crosswalks,
etc., at all entrances to public rights-of-way may be required.
(d)
Adjacent developments are encouraged to share a common entrance
drive within commercial and industrial districts.
(e)
Access to adjoining sites should be coordinated, where possible,
with cross access easements, which shall be a minimum width of 30
feet. Such easements are encouraged to link parking areas.
(18)
Protection of natural features.
(a)
Preservation. All new development shall preserve, enhance or
protect existing natural features. The site plan, or accompanying
documents, shall evidence the means by which the development addresses
the following:
[1]
Minimizing disruption of existing natural features and, wherever
possible, incorporating them into the overall design.
[2]
Prior to development, protecting all natural elements from damage
due to construction activities.
[3]
Providing evidence of compliance with the Winnebago County Erosion
Control and Stormwater Management Ordinance.
F.
Landscape plans. Landscape plans shall show and include the following:
(1)
Buildings. The location and footprint of any and all buildings and
structures.
(2)
Dimensions. Dimensions of development site, indicated along the property
line.
(3)
Streets. Existing and proposed pedestrian and vehicular access points,
streets, drives, alleys, bicycle paths, bridges, intersections and
other pedestrian and vehicular circulation elements, labeled with
street names, dimensions and surface materials identified (i.e., asphalt,
sod, concrete, etc.).
(4)
Parking. The location and dimension of parking lots, parking spaces
and parking lot accessways.
(5)
Easements. Location and dimensions of all existing or planned easements,
lands subject to deed restrictions or protective covenants, lands
to be dedicated or devoted to public use, and rights-of-way.
(6)
Lighting, signage and freestanding structures. The location and dimensions
of outdoor lighting fixtures, freestanding signs, permanent or temporary
walls and fences, waste and trash disposal facilities, surface utility
structures and other freestanding structural features.
(7)
Recreational facilities. The location and dimension of playgrounds,
tot-lots and other recreational facilities.
(8)
Dumpster enclosure. Trash dumpsters shall be screened with fencing
of decorative wood or masonry, compatible with the building design,
of at least six feet in height, with a solid, attractive single or
double access gate on one side only. Shrubs are encouraged along the
fencing.
(9)
Mechanical and utility equipment. All freestanding utility and mechanical
equipment shall be screened from view through the use of coniferous
plant materials or fencing compatible with the proposed building design.
(10)
Service areas. All service areas, such as loading docks, shall
be screened from view of a public street through the use of coniferous
plant materials or fencing compatible with the proposed building design.
(11)
A landscape improvement table with the following information
shall be submitted:
(a)
Total area of site;
(b)
Total area of parking, building area and other impervious areas
proposed on site;
(c)
Total area of site required to be landscaped;
(d)
The quantity, installation size and height of all trees and
shrubs at the time of planting; and
(e)
The percentage of tree family, genus and species proposed.
(12)
Plants. All plants shall be labeled and identified on the landscape
plan.
(13)
Grading. Existing and proposed contours and grades at a two-foot
interval, including the location, slope ratios (horizontal to vertical)
of all proposed berming, at one-foot contour intervals. Location,
extent and general elevations and slope ratios of all surface water
detention areas and drainageways. Elevations at top and bottom of
all proposed retaining and screening walls and fences. Existing lines
should be shown as dotted lines.
(14)
Ground cover. Specification of the type and boundaries of all
proposed ground cover, including both scientific and common names
of all proposed plant materials.
(15)
Nonliving ground cover. The location of paving materials and
nonliving ground cover identified and labeled.
(16)
Tree lines. Tree line of wooded areas shall be identified. Existing
trees. Location, species and size of all existing trees that are six
inches or larger in diameter measured 54 inches above natural grade
shall be identified. Any trees to be removed should be clearly identified.
Trees which will be used to meet landscape requirements shall be indicated.
If required for reasons of clarity, this information may be depicted
as a supplemental illustration.
(17)
Maintenance. The landscaping shall be maintained in conformity
with the approved landscape plan.
(18)
Bond or Letter of Credit. A bond or letter of credit shall be
provided, if the applicant is seeking occupancy before all landscaping
has been completed, to ensure the landscaping plan will be completed.
(19)
Trees, shrubs and ground cover are encouraged to provide diversification
of plant species and are not meant to limit the developer or the development
of commercial, retail or industrial sites.
G.
Utility plans. Utility plans shall show and include the following:
(1)
Utility lines. Location and dimensions, in length and diameter, where
applicable, of all aboveground and underground conduits and utility
lines, including storm and sanitary sewers, water mains, electrical,
natural gas and communication (cable, telephone, etc.) lines.
(2)
Connections. Location of all utility connections and metering facilities,
including fire hydrants, Fire Department connections, existing wells,
pumping stations and lift stations.
(3)
Cross-sections. Road and paving cross-sections and details.
(4)
Buildings. Location and footprint of any and all buildings and structures.
(5)
Streets. Location and names of existing and proposed streets and
intersections and the location of parking lots, sidewalks and bike
paths and other elements of vehicular and pedestrian circulation.
(6)
Plumbing. Plumbing plans showing, in detail, the size and location
of all water meters.
(7)
Storm, sanitary and water system requirements. Storm sewer, sanitary
sewer and water utility systems, as outlined in the utility plan,
shall meet the standards and specifications of the Municipal Code.
These provisions may require the designation of easements providing
access for public utility purposes.
(8)
Electric, gas and communication system requirements. Electric, gas
and communication utility systems, as designated on the utility plan,
shall meet the requirements of the respective utility company's
rules and regulations.
(9)
Placement. Utility systems shall be placed in accordance with Town
ordinances and utility companies' rules and regulations. The
Plan Commission may require the underground installation of lines
and distribution points, the elimination of poles and overhead lines
or the simultaneous organization and installation of utility systems.
H.
Stormwater and erosion control plan. All stormwater and erosion control
plans shall comply with the Winnebago County Code. All stormwater
management facilities shall be inspected by the Winnebago County for
compliance with the approved stormwater management plan prior to the
Building Inspector issuing an occupancy permit.
I.
Digital plans. A digital copy of all plans, elevations and sections
in AutoCAD (*.dwg) or compatible form by electronic mail or compact
disc shall be submitted with the site plan review application and
with any revision submittals to the Town of Winneconne Clerk.
The Town Board shall have the authority to approve, object to
or reject a site plan. The Town Board or its designee shall take action
to approve, approve conditionally or reject the site plan within 60
days of submittal and shall state, in writing, any conditions of approval
or reasons for rejection, unless the time is extended by agreement
with the property owner. Failure of the Town Board or its designee
to act within the 60 days, or extension thereof, constitutes denial
of the site plan.
Town Board approval of a site plan shall be noted on the face
of the site plan by signatures of the Town Board Chairperson and Town
Clerk and the date of approval. The Town shall keep on file one copy
of all site plans submitted for approval. All matters of site plan
approval shall be of public record.
An approved site plan shall constitute a condition for the issuance
of a building permit. An approved site plan only authorizes development
or redevelopment as set forth in the approved site plan. Development
or redevelopment at variance with that set forth on an approved site
plan shall be deemed a violation of this chapter.
In the event special conditions and circumstances exist which
are peculiar to the land, which would cause unnecessary hardship or
practical difficulties to develop or redevelop the parcel in strict
conformity with the approved site plan, the Town Board may modify
or amend the site plan, provided that the spirit and intent of this
chapter shall be observed. Any modification or amendment shall be
noted on the face of the site plan with the date of the modification
or amendment.
A site plan review fee shall be in accordance with the Town
fee schedule. The site plan review fee shall be paid to the Town Clerk
at the time of site plan submittal. Payment of the site plan review
fee is a prerequisite for submittal and action by the Town Board.
Payment of the fee does not constitute approval.
A.
It shall be a violation of this chapter to develop or redevelop a
parcel subject to site plan approval without obtaining site plan approval.
It shall be a violation of this chapter to develop, redevelop, modify
or maintain a parcel contrary to or inconsistent with an approved
site plan.
B.
Compliance with the provisions of this chapter may be enforced by
appropriate fines and penalties. Compliance may also be enforced by
injunctional suit of the Town.
Any person or persons jointly or severally aggrieved by any
decision of the Town Board may, within 30 days after the decision
of the Town Board, commence an action seeking the remedy available
by certiorari.
