A.
Jurisdiction. Except as otherwise provided in the
Zoning Code, the jurisdiction of this chapter shall apply to all structures,
lands, water and air within the corporate limits of the Town of Cedarburg.
Unless specifically exempted by this chapter or by state statute,
all state, county, city, villages, towns, or other municipal lands,
structures or facilities shall comply with this chapter and obtain
all of its necessary permits. State agencies are required to comply
if § 13.48(13), Wis. Stats., applies. The construction, reconstruction,
maintenance and repair of state highways and bridges by the Wisconsin
Department of Transportation are exempt when § 30.2022, Wis.
Stats., applies. Town lands, Town structures, and Town facilities
are exempt from complying with this chapter.
[Amended 10-6-2010 by Ord. No. 2010-16]
B.
Compliance. Except as otherwise provided in this chapter,
no new structure, new use of land, water or air or change in the use
of land, water or air shall hereafter be permitted and no structure
or part thereof shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without a zoning
permit and without full compliance with the provisions of this chapter
and all other applicable local, county and state regulations.
[Amended 10-6-2010 by Ord. No. 2010-16]
C.
District regulations to be complied with. Except as
otherwise provided in this chapter, the use and height of buildings
hereafter erected, converted, moved, enlarged or structurally altered
and the use of any land shall be in compliance with the regulations
established herein for the district in which such building or land
is located. The use of Town land, Town structures, and Town facilities,
including, but not limited to, fire and police stations, community
centers, libraries, public emergency shelters, public works, parks,
playgrounds, recreational, and utility facilities, are permitted uses
as a principal use in any district.
[Amended 10-6-2010 by Ord. No. 2010-16]
D.
Yard reduction or joint use. No lot, yard, parking
area, building area or other space shall be reduced in area or dimension
so as not to meet the provisions of this chapter. No part of any lot,
yard, parking area or other space required for a structure or use
shall be used for any other structure or use unless otherwise approved
by the Town Board.[1]
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
E.
Lots abutting more restrictive district. Any side
yard, rear yard or court abutting a district boundary line shall have
a minimum width and depth in the less restricted district equal to
the average of the required minimum widths and depths for such yards
and courts in the two districts which abut the district boundary line.
Only the following uses and their essential
services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal
uses specified for a district.
B.
Accessory uses. Accessory uses and structures as specified
are permitted in any district but not until their principal structure
is present or under construction.
C.
Conditional uses.
(1)
Classes of conditional uses. Conditional uses may
be denominated either "regular" or "limited."
(2)
General conditional use provisions. Provisions applicable
to conditional uses generally:
(a)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Town Board in accordance with Article V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(b)
Those existing uses which are classified as
conditional uses for the district(s) in which they are located at
the time of adoption of the Zoning Code require no action by the Town
Board for them to continue as valid conditional uses, and the same
shall be deemed to be regular conditional uses.
(c)
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Town Board in accordance with Article V of this chapter.
(d)
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case, the reestablishment of any previous conditional use(s) or establishment of a new conditional use shall require review, public hearing and approval by the Town Board in accordance with Article V of this chapter.
(e)
Provisions in this chapter relating generally
to conditional uses shall, except when in conflict with specific provisions
relating to either regular or limited conditional uses (which specific
provisions would then control), be deemed to be applicable to both
regular and limited conditional uses.
(3)
Regular conditional use provisions. Provisions applicable
specifically to regular conditional uses:
(a)
Regular conditional uses, either allowed by
action of the Town Board or existent at time of adoption of the Zoning
Code, unless the permit specifically provides otherwise, shall not
lapse and shall survive vacancies and/or change of ownership or operator
of the property to which the conditional use pertains. However, in
order for such change of ownership or operator of a regular conditional
use permit to be valid it shall require the permit to be transferred
to a new owner or operator upon submittal to the Town Board of a certification
in writing by the new permit holder that all conditions of the permit
will be complied with. The transfer is not valid until accepted by
the Town Board that all conditions of the permit will be complied
with by the new permit holder.
[Amended 10-4-2006 by Ord. No. 2006-11]
(4)
Specific limited conditional use provisions. Provisions
applicable specifically to limited conditional uses:
(a)
Limited conditional uses authorized by Town
Board resolution shall be established for a period of time to a time
certain or until a future happening or event at which the same shall
terminate.
D.
Uses not specified in Zoning Code. Uses not specified
in this Zoning Code which are found by the Town Board, following recommendation
from the Plan Commission, to be sufficiently similar to specified
principal or conditional uses for a district may be allowed by the
Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11]
E.
Temporary uses. Temporary uses, such as real estate
sales field offices or shelters for materials and equipment being
used in the construction of a permanent structure, may be permitted
by the Zoning Board of Appeals after the Town Plan Commission has
made a review and recommendation.
A.
Street frontage. All lots shall abut upon a public street and meet the frontage requirements of the zoning district in which they are located, or have other officially approved means of access as provided in § 279-6D, and each lot shall comply with the design standards in Chapter 184, Land Division, of this Code. Where lots abut a county or state highway or arterial road, greater front yard setbacks shall be encouraged.
[Amended 9-5-2007 by Ord. No. 2007-10; 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9]
B.
Principal structures. All principal structures shall be located on one lot. Only one principal structure shall be located, erected or moved onto a lot, except that in the A-1, A-2, B-1, B-2, B-3, M-1 or M-2 Zoning District an additional principal structure may be permitted as either a regular or limited conditional use in accordance with the requirements in Article V of this Zoning Code.
[Amended 10-4-2006 by Ord. No. 2006-11]
C.
Dedicated street. No zoning or building permit shall
be issued for a lot which abuts a public street dedicated to only
a portion of its proposed width and located on that side thereof from
which the required dedication has not been secured.
D.
Site suitability. No land shall be used or structure
erected where the land is held unsuitable for such use or structure
by the Town Board and Plan Commission by reason of flooding, concentrated
runoff, inadequate drainage, adverse soil or rock formation, unfavorable
topography, low percolation rate or bearing strength, erosion susceptibility
or any other feature likely to be harmful to the health, safety, prosperity,
aesthetics and general welfare of this community. The Plan Commission,
in applying the provisions of this subsection, shall, in writing,
recite the particular facts upon which it bases its conclusion that
the land is not suitable for certain uses. The applicant shall have
an opportunity to present evidence contesting such unsuitability if
he so desires. Thereafter, the Plan Commission may affirm, modify
or withdraw its determination of unsuitability when making its recommendation
to the Town Board.
E.
Preservation of topography, views and wooded slopes.
In order to protect the property owner from possible damage due to
change in the existing grade of adjoining lands and to aid in preserving
and protecting the natural beauty and character of the landscape,
no change in the existing topography of any land shall be made which
would result in increasing any portion of the slope to a ratio greater
than 1 1/2 horizontal to one vertical, within a distance of 20
feet from the property line, except with the written consent of the
owner of the abutting property and with the approval of the Plan Commission,
or which would alter the existing drainage or topography in any way
as to adversely affect the adjoining property. In no case shall any
slope exceed the normal angle of slippage of the material involved,
and all slopes shall be protected against erosion. The Board shall
consider the effects of new development atop hills and ridges in an
effort to preserve viewsheds. Homes located within farm fields should
be located with the goal of preserving views and productive farmland.
Where feasible, existing tree lines, mature trees, hedgerows, barns,
silos and other significant historic structures and wooded slopes
should be preserved.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
F.
Decks. For purposes of this chapter, decks and porches
shall be considered a part of a building or structure.
G.
Private sewer and water. In any district where public
sewerage service is not available, the width and area of all lots
shall be sufficient to permit the use of an on-site soil absorption
sewage disposal system designed in accordance with the Wisconsin Administrative
Code. In any district where public water service or public sewerage
service is not available, the lot width and area shall be increased
in accordance with Ch. Comm 83, Wis. Adm. Code.
H.
New park
facilities and trails. New park facilities and trails shall meet the
requirements of the Americans with Disabilities Act (ADA).
[Added 1-7-2009 by Ord. No. 2009-2; amended 5-6-2009 by Ord. No.
2009-9]
I.
Cisterns.
Cisterns shall be required in each new residential development containing
eight or more lots or units as a part of the development; cisterns
may be considered for each new commercial or industrial development
as a part of the development. The Town Board may allow a cistern to
be located in another area of the Town in lieu of being placed in
the proposed subdivision should the Town Board determine that a cistern
located outside of the proposed subdivision would better serve the
residents of the Town. Cisterns are required to meet Town specifications
and must be outfitted with a dry hydrant that meets the standards
for the Town of Cedarburg. The location of the cistern may require
the placement of up to 12 feet of paved shoulders and appropriate
drainage facilities adjacent to the cistern to allow for safe off-road
parking for emergency equipment. In exceptional cases, the Town Board
may allow a pond not designed for stormwater retention/detention purposes
to be used for a dry hydrant, provided that it meets Town design standards.
[Added 5-6-2009 by Ord. No. 2009-8]
J.
Town of Cedarburg Design Guidelines and Standards.
[Added 8-6-2014 by Ord. No. 2014-8]
(1)
Required. All persons, firms, entities, or associations needing site plan approval for a new development and/or new structure used for commercial, multifamily, senior care, institutional or government facilities, shall comply with the requirements of the zoning permit application as set forth in § 320-16, the design standards for such new development and/or new structure under this subsection, and the Town of Cedarburg Design Guidelines and Standards Manual adopted by the Town Board.[2] To the extent any provision of this subsection, said manual
or any other ordinance conflicts, then this subsection shall apply.
[2]
Editor's Note: The Town of Cedarburg Design Guidelines and
Standards Manual is on file in the Town offices and available through
the Town's website.
(2)
Exceptions. The standards set forth hereunder and of the Town of Cedarburg Design Guidelines and Standards which is drafted in accordance with this Article II of the Zoning Code do not apply to one-family and two-family residences in residentially zoned districts, and to other nonresidential buildings and structures which exist as conforming or legally nonconforming uses, buildings and structures in the Town.
(3)
Multifamily residential and senior care facilities standards. "Multifamily"
is defined as multiple separate housing units for residential (i.e.,
noncommercial) inhabitants contained within one building or several
buildings within one complex. A "senior care facility" is defined
as a facility that fulfills the special needs and requirements that
are unique to senior citizens.
(a)
Building placement standards of multifamily residential and
senior care facilities:
[1]
Buildings shall be placed parallel to the street edges when
physically possible, or perpendicular to the street if arranged around
a courtyard or other open space.
[2]
When located within the Town Center Overlay District, buildings
shall be placed close to the right-of-way when possible to help create
a sense of pedestrian friendliness and accessibility.
[3]
If buildings are substantially set back from the street, decorative
fences, walls and/or landscape elements shall be used to hide parking
lots and vehicles from view and maintain the privacy of residential
units.
(b)
Parking and circulation standards of multifamily residential
and senior care facilities:
[1]
Parking shall not be located in the front yard in the Five Corners
Town Center Overlay District. Street-facing garage doors are not allowed
in the Five Corners Town Center Overlay District; they are strongly
discouraged in other areas of Town.
[2]
Detached garages shall be designed and constructed of like materials
of the principal structure.
[3]
Parking lots shall not be placed at street corners.
[4]
Parking lots shall be screened from adjacent streets, public
spaces and residential uses by use of landscaping, decorative fences/garden
walls and or low berms.
[5]
Berms shall not exceed three feet above the centerline of the
road, and must be landscaped for at least 75% of their length.
[6]
Stormwater detention devices (i.e., ponds and outfalls) shall
be landscaped with planting beds and bushes for at least 50% of their
circumference.
[7]
Pedestrian walks at least four feet in width are required for
developments within the Town Center Overlay District. Acceptable materials
include concrete, brick, stone (no loose aggregate) or wood (natural
or man-made). These walks shall be planned to connect to existing
or planned future walks on adjacent properties and the Town pedestrian/bicycle
network.
(c)
Service and loading areas standards of multifamily residential
and senior care facilities:
[1]
Service and utility areas shall be inside the building or located
at the rear of the building and screened from the public view with
fencing and/or solid evergreen landscaping.
[2]
Dumpsters shall be completely screened from view by brick, stone,
or wood fencing (natural or man-made).
[3]
Utility service lines shall be buried and located at the rear
or side lot lines. Meters, transformers, AC units, and fuel tanks
shall be completely screened from public view with decorative fencing,
walls and/or solid evergreen landscaping if at ground level, or completely
screened from public view with a decorative enclosure to mimic other
materials used on the facade if on the roof of the building.
(d)
Landscape standards of multifamily residential and senior care
facilities:
[1]
A landscape plan shall be submitted with new buildings, additions,
or building remodel.
[2]
Paved parking areas shall be landscaped with a minimum of four
trees for every 20 stalls; paved parking areas less than 20 stalls
must have at least four trees. Trees shall be at least two-inch caliper
and at least four feet tall at time of planting. Plantings shall be
planted in and around the paved area with emphasis on screening of
surface lots from adjacent uses and public streets.
[3]
A minimum of 50% of the street facing facades shall contain
foundation plantings, and at least one tree shall be planted per 50
feet of lot street frontage.
(e)
Architecture standards of multifamily residential and senior
care facilities:
[1]
Buildings shall be designed to give the building scale and visual
appeal.
[2]
Elevations shall contain features that add depth and avoid the
appearance of flat residential facades.
[3]
New construction shall take into account the scale and character
of any historic buildings in the adjacent area.
[4]
New buildings and additions shall be designed with simple rectangular
volumes; cylindrical, pyramidal, and other elaborate forms as the
main building are not allowed.
(f)
Entryway standards of multifamily residential and senior care
facilities:
(g)
Signage and lighting standards of multifamily residential and
senior care facilities:
[1]
Signage shall not be internally illuminated box signage. Internally
illuminated box signage existing at the time of adoption of these
guidelines and standards is considered legal/existing nonconforming;
however, if the sign is replaced or a new sign face is desired, an
internally illuminated box sign is no longer allowed. The only internally
illuminated signage allowed is individual letters/logos.
[2]
The brightness of signage and other lighting must meet Town
Code specifications.
(h)
Material and color standards of multifamily residential and
senior are facilities:
[1]
Acceptable materials for all sides of buildings (aside from
glass windows) include common size brick, natural stone (i.e., limestone,
fieldstone, lannon stone), cement board siding, wood siding, and man-made
brick, stone, wood, stucco, or EIFS.
[2]
Building color shall avoid the use of purple, pink and fluorescent
colors, except for as accents on awnings and other decorative features.
[3]
When a rear facade faces a street, the rear facade shall be
designed as a front facade.
[4]
Acceptable roofing materials include clay tiles, wood shingles,
slate, asphalt shingles, and metal. "Green roofs" composed of organic
materials are an acceptable option in new construction.
(4)
Commercial/mixed-use design standards. These standards apply to new
developments and proposed structures on properties with B-1, B-2,
B-3, and M-2 zoning. They also apply to all other parcels, regardless
of zoning district, that fall within the Town Center Overlay District
(TCOD), whether or not they use the TCOD process, to ensure that all
developments and redevelopments in this area occur in a consistent
fashion. They also apply to Planned Unit Developments anywhere in
the Town regardless of zoning.
(a)
Building placement standards of commercial/mixed-use facilities:
[1]
Buildings shall be oriented towards adjacent public streets,
courtyards and other public spaces.
[2]
Buildings shall be placed parallel to the street edges, or perpendicular
to the street if arranged around a courtyard or other open space.
[3]
When located within the Town Center Overlay District, buildings
shall be placed close to the right-of-way when possible to create
a sense of pedestrian friendliness and accessibility.
[4]
If parking is located between the building and the street, see-through
decorative fences not taller than four feet, walls not taller than
four feet, and/or landscape elements not taller than four feet shall
be used to hide parking lots and vehicles from view.
(b)
Parking and vehicle/pedestrian circulation standards of commercial/mixed-use
facilities:
[1]
Parking lots shall not be placed at street corners.
[2]
Parking shall not be located in the front yard in the Town Center
Overlay District (TCOD).
[3]
In general, parking lots shall be screened from adjacent streets,
public spaces and residential uses by decorative fences, walls and/or
landscape elements no taller than four feet in height.
[4]
Pedestrian walks at least four feet in width are required for
developments within the Town Center Overlay District. Acceptable materials
include concrete, brick, stone (no loose aggregate) or wood (natural
or man-made). These walks shall be planned to connect to existing
or planned future walks on adjacent properties and the Town pedestrian/bicycle
network.
(c)
Service and loading area standards of commercial/mixed-use facilities:
[1]
Service, loading and utility areas shall be inside the building
or located at the rear of the building and completely screened on
all sides from the public view with decorative fences, walls and/or
solid evergreen landscaping.
[2]
Street-facing garage doors are not allowed on new developments.
[3]
Dumpsters shall be completely screened on all sides from view
by brick, stone, or wood fencing (natural or man-made); the enclosure
could be further screened by evergreen plantings.
[4]
Utilities shall be buried and located at the rear or side lot
lines. Meters, transformers, AC units, and fuel tanks shall be completely
screened from public view with decorative fencing, walls and/or solid
evergreen landscaping if at ground level, or completely screened from
public view with a decorative enclosure to mimic other materials used
on the facade if on the roof of the building.
(d)
Landscape standards of commercial/mixed-use facilities:
[1]
A landscape plan shall be submitted with new buildings, additions,
or building remodel.
[2]
Paved parking areas shall be landscaped with a minimum of four
trees for every 20 stalls; paved parking areas less than 20 stalls
must have at least four trees. Trees shall be at least two-inch caliper
and four feet in height at time of planting.
[3]
Plantings shall be placed in and around the paved area with
emphasis on screening of surface lots from adjacent uses and public
streets and breaking up large contiguous paved areas.
[4]
Detention and retention ponds that are visible from the road
or parking lot must be landscaped with planting beds and/or bushes
for at least 50% of their circumference.
(e)
Architecture standards of commercial/mixed-use facilities:
[1]
Buildings shall be designed to give the building scale and visual
appeal. All facades visible from a street, parking or walkway shall
contain features that add depth and avoid the appearance of flat facades.
[2]
Any flat roofs must be completely shielded from view by architectural
facades, and rooftop mechanical equipment shall be screened from view.
[3]
Buildings located at street corners shall define the intersection
with distinctive architectural character with features such as towers
and recessed entries.
[4]
Building scale and height shall be compatible with that of adjacent
residential units when such parcels abut.
(f)
Entryway standards of commercial/mixed-use facilities:
[1]
The primary building entrance shall be easily identified through
the use of architectural details and/or other treatments such as steps,
porches, stoops, bays, canopies, awnings, and balconies.
(g)
Signage and lighting standards of commercial/mixed-use facilities:
[1]
Signage shall not be internally illuminated box signage. Internally
illuminated box signage existing at the time of adoption of these
guidelines and standards is considered legal/existing nonconforming;
however, if the sign is replaced or a new sign face is desired, an
internally illuminated box sign is no longer allowed. The only internally
illuminated signage allowed is individual letters/logos.
[2]
The brightness of signage and lighting must meet Town Code specifications.
(h)
Material and color standards of commercial/mixed-use facilities:
[1]
Acceptable materials for all sides of buildings (aside from
glass windows) include common size brick, natural stone (i.e., limestone,
fieldstone, lannon stone) and wood, cement board siding, and man-made
brick, stone, wood, stucco, or EIFS. The use of corrugated metal,
reflective glass, aluminum, and narrow guage vinyl is not allowed.
[2]
Building color. Building color shall avoid the use of purple,
pink and fluorescent colors, except for as accents on awnings and
other decorative features.
[3]
When a rear facade faces a street, the rear facade shall be
designed as a front facade.
[4]
Roof materials. Acceptable roofing materials include clay tiles,
wood shingles, slate, asphalt shingles, and metal. "Green roofs" composed
of organic materials are an acceptable option in new construction.
(i)
Outdoor space and amenity standards of commercial/mixed-use
facilities:
[1]
When on-site green spaces and public/private amenities are incorporated
into a site plan, they shall be designed so as to connect to current
and possible future amenities on neighboring properties such as seating
areas, water features and courtyards with walkways at least four feet
wide.
[2]
Pedestrian walkways shall be constructed of concrete, brick,
stone (no loose aggregate) or wood (natural or man-made).
(5)
Institutional and governmental facilities standards. These standards
apply to new developments and proposed structures of government and
institutional facilities including but not limited to schools, colleges,
churches and hospitals, regardless of zoning or location within the
Town.
(a)
Building placement standards of institutional and governmental
facilities:
(b)
Parking and circulation standards of institutional and governmental
facilities:
[1]
Parking lots and driveways shall not be placed at street corners.
[2]
Parking lots and driveways shall be bordered by planting beds
and/or decorative fences/garden walls for at least 40% of their length
to provide screening from adjacent streets, public spaces, and residential
uses.
[3]
Parking structures are limited to three levels or the height
of the highest principal structure and must have a facade constructed
of the same materials as the buildings.
[4]
Pedestrian walks connecting parking lots to buildings and public
spaces shall be incorporated into all site plans and must be of a
solid surface (no dirt or gravel, etc.).
(c)
Service and loading area standards of institutional and governmental
facilities:
[1]
Service, loading and utility areas shall be inside the building
or located at the rear of the building and screened on all sides from
the public view with decorative fences, walls and/or solid evergreen
landscaping.
[2]
Dumpsters shall be completely screened on all sides from view
by brick, stone, or wood fencing (natural or man-made); the enclosure
could be further screened by evergreen plantings.
[3]
Utilities shall be buried and located at the rear or side lot
lines. Meters, transformers, AC units, and fuel tanks shall be completely
screened from public view with decorative fencing, walls and/or solid
evergreen landscaping if at ground level, or completely screened from
public view with a decorative enclosure to mimic other materials used
on the facade if on the roof of the building.
(d)
Landscape standards of institutional and governmental facilities:
[1]
A landscape plan shall be submitted with new buildings, additions,
or building remodel.
[2]
Plantings shall be placed in and around the paved area with
emphasis on screening of surface lots from adjacent uses and public
streets and breaking up large contiguous paved areas.
[3]
Adjacent properties shall be screened with dense landscaping
such as tree plantings, shrubs, garden walls, hedges, fences and berms.
Trees shall be at least three-inch caliper and four feet tall at planting,
and shrubs at least three feet tall at planting.
(e)
Architecture and entryway standards of institutional and governmental
facilities:
[1]
Buildings shall be designed to give the building scale and visual
appeal. Facades are encouraged to contain features that add depth
and avoid the appearance of flat facades.
[2]
Corner buildings (corners of public roads) shall define the
intersection with distinctive architectural character.
[3]
Mechanical equipment shall be screened from public view.
[4]
The primary building entrance shall be easily identified through
the use of architectural details and/or other treatments such as steps,
porches, stoops, bays, canopies, awnings, and balconies.
(f)
Signage and lighting standards of institutional and governmental
facilities:
[1]
Signage shall not be internally illuminated box signage. Internally
illuminated box signage existing at the time of adoption of these
guidelines and standards is considered legal/existing nonconforming;
however, if the sign is replaced or a new sign face is desired, an
internally illuminated box sign is no longer allowed and signs must
be upgraded to meet current sign code. The only internally illuminated
signage allowed is individual letters/logos.
[2]
The brightness of signage and lighting must meet Town Code specifications.
(g)
Material and color standards of institutional and governmental
facilities:
[1]
Building materials. Acceptable materials for all sides of buildings
(aside from glass windows) include common size brick, natural stone
(i.e., limestone, fieldstone, lannon stone) and wood, cement board
siding, and man-made brick, stone, wood, stucco, or EIFS. The use
of reflective glass and aluminum is prohibited unless for decorative
use and consisting of less than 20% of the facade area.
[2]
The use of corrugated metal and narrow guage vinyl is not allowed.
[3]
Building color shall avoid the use of purple, pink and fluorescent
colors, except for as accents on awnings and other decorative features.
[4]
When a rear facade faces a street, the rear facade shall be
designed as a front facade.
[5]
Acceptable roofing materials include clay tiles, wood shingles,
slate, asphalt shingles, and metal. "Green roofs" composed of organic
materials are an acceptable option in new construction.
(h)
Outdoor space and amenity standards of institutional and governmental
facilities:
[1]
The creation of on-site green spaces and public/private amenities
is encouraged.
[2]
When on-site green space and public/private amenities are incorporated
into site plans, they shall be designed so as to connect to current
and possible future amenities on neighboring properties such as seating
areas, water features and courtyards with walkways at least four feet
wide.
[3]
Pedestrian walkways shall be constructed of concrete, brick,
stone (not loose aggregate) or wood (natural or man-made).
[1]
Editor's Note: Original § 10-1-12(a),
Site suitability; (e), Lots abutting more restrictive districts; and
(j), Soil restrictions, which were part of this section, were deleted
10-4-2006 by Ord. No. 2006-11.
[Amended 6-6-2001 by Ord. No. 2001-9]
The regulations contained herein relating to
the height of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
A.
Height limitations. The height limitations stipulated
elsewhere in this chapter may be exceeded, but such modification shall
be in accord with the following:
[Amended 10-4-2006 by Ord. No. 2006-11]
(1)
Architectural projections, such as spires, belfries,
parapet walls, cupolas, domes, flues and chimneys, shall not exceed
in height their distance from the nearest lot line but shall not exceed
50 feet.
(2)
Special structures, such as elevator penthouses, gas
tanks, grain elevators, scenery lofts, radio and television receiving
antennas, manufacturing equipment and necessary mechanical appurtenances,
cooling towers, fire towers, substations and smokestacks, shall not
exceed in height their distance from the nearest lot line.
(3)
Essential services, utilities, water towers, and electric
power and communication transmission lines are exempt from the height
limitations of this chapter. All new and replacement electric and
telecommunications distribution and service lines shall be located
underground when economically feasible.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(4)
Communication structures, such as radio and television
transmission and relay towers, aerials, and observation towers, shall
not exceed in height their distance from the nearest lot line.
(5)
Agricultural structures, such as barns, silos, tanks
and windmills, shall not exceed in height their distance from the
nearest lot line.
B.
Lots on two streets. Where a lot abuts on two or more
streets having different average established grades, the higher of
such grades shall control only for a depth of 120 feet from the line
of the higher average established grade.
C.
Occupation of undersized lots. Where a lot has an area less than the minimum number of square feet required for the district in which it is located and was of record as such at the time of the passage of this Code, such lot may be occupied subject to the requirements of Article VI, Nonconforming Uses, Structures and Land, of this Zoning Code.
[Amended 10-4-2006 by Ord. No. 2006-11]