The purpose of this article is to indicate the requirements for access, visibility, off-street parking, off-street loading, exterior storage, exterior lighting, vibration, noise, air pollution, odors, electromagnetic radiation, glare and heat, fire and explosion, toxic and noxious materials, waste materials, drainage, exterior construction materials, and hazardous materials for all development occurring within the jurisdiction of this chapter (see § 550-9).
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of access to public rights-of-way in accordance with the utilization
of various sites.
B.
City approval required. Each access point onto a public street or
right-of-way shall be included in a City-approved site plan or plat.
C.
Number of access points.
(1)
Each lot shall have not more than two access points on any street
frontage adjacent to any lot. Said access shall require approval by
the Zoning Administrator and the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
In no instance shall any lot be permitted more than one access
point on any one street if its frontage on said street is less than
100 linear feet (as measured along the right-of-way line).
(3)
On arterial streets and in certain areas experiencing, or expected
to experience, congestion and/or safety problems, access to a lot
may be required to be located via an access point located on an adjacent
property or another street frontage.
(4)
For residential uses, two access points serving the same street
frontage may be approved by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
D.
Residential uses. Residential uses shall not have access points onto
a nonresidential collector or arterial street unless such street has
the only available frontage.
E.
Nonresidential uses. Nonresidential uses shall not have access points
onto a residential street unless such street has the only available
frontage.
F.
Access near street intersections. At its intersection with the street
right-of-way line on an arterial or nonresidential collector street,
no access point shall be located closer than 100 feet to the intersection
of any two street rights-of-way unless such street is the only available
frontage on the subject property. In all cases, access points shall
be located as far from an intersection as the lot size permits.
G.
Distance between access drives. The minimum distance between access
drives serving the same property shall be 25 feet (edge to edge),
as measured at the property line. A distance in excess of said 25
feet may be required if, in the opinion of the Zoning Administrator
and the Public Works Director/City Engineer, present or projected
traffic factors warrant a greater distance.
[Amended 7-5-2022 by Ord. No. 22-63]
H.
Angle of intersection with public right-of-way. All access drives
shall intersect with any public right-of-way at an angle of not less
than 75° and shall intersect at an angle of 90° wherever possible.
I.
Distance from property line. For all development created after the
adoption of this chapter, the distance from an access drive to the
property line of an adjacent property shall not be less than three
feet, as measured along the right-of-way line.
J.
Width of driveways. All access drives shall have a minimum width
of 10 feet for one- and two-family dwellings and 18 feet for all other
land uses. All curb openings for access drives shall have a maximum
width of 25 feet for a one- or two-car garage or 30 feet for a three-car
garage for all residential uses and 35 feet for all nonresidential
uses, as measured at the right-of-way line. Access drives may be flared
between the right-of-way line and the roadway up to a maximum of five
additional feet.
[Amended 7-19-2016 by Ord. No. 16-8; 8-1-2023 by Ord. No. 23-19]
(1)
Exceeding
maximum width of driveways. Curb openings for access drives that exceed
the maximum width, as measured at the right-of-way line, may be approved
by the Public Works Director/City Engineer. Appeals of the Public
Works Director/City Engineer’s decision may be heard before
the Plan Commission.
K.
Traffic control. The traffic generated by any use shall be channelized
and controlled in a manner which avoids congestion on public streets
and other safety hazards. Traffic into and out of all off-street parking,
loading and traffic circulation areas serving six or more parking
spaces shall be forward moving, with no backing into streets or pedestrian
ways. Traffic control devices shall be required as determined by the
Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
L.
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
M.
Paving of access. All access approach areas located within a street
right-of-way shall be paved to the satisfaction of the Public Works
Director/City Engineer with a hard, all-weather surface and shall
be maintained so as to prevent the transport of gravel, dirt or other
eroded material from the subject property into the right-of-way.
[Amended 7-5-2022 by Ord. No. 22-63]
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of vehicular visibility.
B.
Requirement. In order to provide a clear view of intersecting streets
to motorists, there shall be a triangular area of clear vision formed
by the two intersecting streets and a chord connecting said center
lines, as determined by the Zoning Administrator. Generally, the following
standards shall apply:
|
Table 550-106: Vision Clearance Triangle Standards
| ||
|---|---|---|
|
Right-of-Way Width
(feet)
|
Distance from Right-of-Way Intersection
(feet)
| |
|
Less than 50
|
50
| |
|
50
|
50
| |
|
51 to 60
|
40
| |
|
61 to 66
|
34
| |
|
67 to 82.5
|
15
| |
|
Greater than 82.5
|
15
| |
(1)
No object or planting which obstructs sight lines over 2 1/2
feet in height above the surface of the roadbed shall be allowed in
a vision clearance triangle, except the following:
(a)
Telephone, telegraph and power transmission poles.
(b)
Lines and portable equipment.
(c)
Open-type fence (e.g., chain link, woven wire or wrought iron
fencing) not exceeding a height of four feet above the roadbeds and
not encroaching closer than three feet to any public right-of-way.
(d)
The growing of flowers and shrubbery, provided that they shall
not exceed 2 1/2 feet in height above the roadbeds.
(e)
Deciduous trees, provided that said trees shall not be planted
closer than 10 feet to the point of intersection of the right-of-way
lines.
(2)
No overhanging tree branches or foliage which obstructs sight
lines, regardless of whether said trees are planted within the traffic
visibility triangle, shall be allowed within the space between 2 1/2
feet and 10 feet above the surface of the roadbed in a vision clearance
triangle.
(3)
Enforcement of this subsection shall be upon written complaint
to the Zoning Administrator.
C.
Depiction on required site plan. Except in the downtown where no requirement is imposed, any and all visibility triangles located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites. Please refer to § 550-120, Drainage standards.
B.
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.) Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
C.
Use of off-street parking areas. The use of all required off-street
parking areas shall be limited to the parking of operable vehicles
not for lease, rent or sale. Within residential districts, required
parking spaces shall only be used by operable cars and trucks.
D.
Traffic circulation and traffic control. Site circulation shall be
designed to provide for the safe and efficient movement of all traffic
entering, exiting and on the site. Circulation shall be provided to
meet the individual needs of the site with specific mixing of access
and through movements and, where required, shall be depicted on the
required site plan. Circulation patterns shall conform to the general
rules of the road, and all traffic control measures shall meet the
requirements of the Manual on Uniform Traffic Control Devices.
E.
Maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by § 550-109.
F.
Off-street parking and traffic circulation design standards.
(1)
Surfacing and marking. All off-street parking and traffic circulation
areas (including all residential driveways, except those within the
RH District) shall be paved with a hard, all-weather surface to the
satisfaction of the Public Works Director/City Engineer. Said surfaces
intended for six or more parking stalls shall be marked in a manner
which clearly indicates required parking spaces.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
Curbing. All off-street parking areas designed to have head-in parking within 6 1/2 feet of any lot line shall provide a tire bumper or curb of adequate height, which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter (see §§ 550-79 and 550-80).
(3)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 550-110.
(4)
Access. Each required off-street parking space shall open directly
upon an aisle or driveway that is wide enough and designed to provide
a safe and efficient means of vehicular access to the parking space
without directly backing or maneuvering a vehicle into a public right-of-way,
except alleys or parking areas existing as of the adoption date of
this chapter. All off-street parking and traffic circulation facilities
shall be designed with an appropriate means of vehicular access to
a street or alley in a manner which least interferes with traffic
movements. No driveway across public property, or requiring a curb
cut, shall exceed a width of 35 feet for commercial and industrial
land uses or 25 feet for residential land uses. [See also Table 550-107F(9).]
Off-street parking spaces for residential uses may be stacked or in
front of one another for the same building unit. Parking spaces located
behind an enclosed garage and located directly off a through aisle
shall be a minimum of 30 feet deep.
(5)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article XII.
(6)
Handicapped parking spaces. Parking for the handicapped shall
be provided at a size, number, location and with signage as specified
by state and federal regulations.
(7)
Parking space design standards. Other than parking required
to serve the handicapped, every and all provided off-street parking
spaces shall comply with the minimum requirements of Table 550-107F(9).
The minimum required length of parking spaces shall be 17 feet, plus
an additional 1.5-foot vehicle overhang area at the end of the stall.
All parking spaces shall have a minimum vertical clearance of at least
seven feet.
(8)
Snow storage. Required off-street parking and traffic circulation
areas shall not be used for snow storage.
(9)
Parking lot design standards. Horizontal widths for parking
rows, aisles and modules shall be provided at widths no less than
listed in Table 550-107F(9) and shown below.
|
Table 550-107F(9): Parking Layout Dimensions
| |||||||
|---|---|---|---|---|---|---|---|
|
Parking Angle
| |||||||
|
Minimum Permitted Dimensions
|
0°
(parallel)
|
45°
|
60°
|
75°
|
90°
| ||
|
Stall width at parking angle (SW) (feet)
|
9
|
9
|
9
|
9
|
9
| ||
|
Stall width parallel to aisle (WP) (feet)
|
17.90
|
12.7
|
10.4
|
9.3
|
9
| ||
|
Stall depth to wall (D) (feet)
|
91
|
17.51
|
191
|
19.51
|
18.51
| ||
|
Stall depth to interlock (DI) (feet)
|
—
|
15.3
|
17.5
|
18.8
|
—
| ||
|
Stall length (including 1.5-foot curb overhang) (SL) (feet)
|
18.5
|
18.5
|
18.5
|
18.5
|
18.5
| ||
|
Aisle width (AW) (feet)
|
122
|
122
|
162
|
17.202
|
262
| ||
|
Throat length (right-of-way to parking angle) (T)
|
Refer to requirements in Table 550-107G(6)
| ||||||
|
Parking module width (PMW) (feet)
| |||||||
|
Wall to wall (single-loaded) (W1)
|
21
|
29.5
|
35
|
42.5
|
44.5
| ||
|
Wall to wall (double-loaded) (W2)
|
30
|
47
|
54
|
62
|
63
| ||
|
Wall to interlock (double-loaded) (W3)
|
—
|
44.8
|
52.5
|
61.3
|
—
| ||
|
Interlock to interlock (double-loaded) (W4)
|
—
|
42.6
|
51
|
60.6
|
—
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
Parking spaces located behind an enclosed garage and located
directly off a through aisle shall meet the requirements of stall
depth to wall (D).
| |
|
2
|
This dimension represents (AW) for one-way traffic. For two-way
traffic, add 12 feet to a maximum (AW) of 26 feet.
| |
|
Diagram for Table 550-107F(9): Typical Parking Layout
Dimensions
|
G.
Calculation of minimum required parking spaces.
(1)
General guidelines for calculating required parking spaces. The requirements of Subsection G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use, the gross floor area of the use, or the number of employees who work at the subject property during the largest work shift. The term "capacity," as used herein, means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" mean the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Said spaces shall be in addition to those required by Subsection G(3) below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by said land use.
(2)
Joint and off-site parking facilities.
(a)
Parking facilities which have been approved by the Public Works
Director/City Engineer to provide required parking for one or more
uses shall provide a total number of parking spaces, which shall not
be less than the sum total of the separate parking needs for each
use during any peak hour parking period when said joint parking facility
is utilized at the same time by said uses.
[Amended 7-5-2022 by Ord. No. 22-63]
(b)
Each parking space designed to serve as joint parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, from the access to all of the various areas it is designated to serve. See § 550-54A.
(c)
The applicant(s) for approval of a joint parking facility shall
demonstrate to the Public Works Director/City Engineer's satisfaction
that there is no substantial conflict in the demand for parking during
the principal operating hours of the two or more uses which the joint
parking facility is proposed to serve.
[Amended 7-5-2022 by Ord. No. 22-63]
(d)
A legally binding instrument, such as a cross-access and parking easement, approved by the Mayor, shall be executed by any and all parties to be served by said joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the City Clerk. A fee shall be required to file this instrument. (See § 550-157.)
[Amended 7-5-2022 by Ord. No. 22-63]
(3)
Minimum off-street parking requirements for land uses. The off-street parking requirements for each land use are listed within Article IV.
(4)
Provision of fee in lieu of parking spaces development. Within
the Central Business (CB) District, the parking requirements of this
chapter are hereby waived.
(5)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and parking lots designated on the approved site plan (see § 550-145).
(b)
For all development created after the adoption of this chapter,
no private parking shall occur on street terraces, driveways or any
other areas located within a public right-of-way not explicitly designated
by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
(6)
Minimum permitted throat length. Table 550-107G(6) below shall
be used to determine the minimum permitted throat length of access
drives serving parking lots, as measured from the right-of-way line
along the center line of the access drive.
|
Table 550-107G(6): Minimum Permitted Throat Length
| ||||
|---|---|---|---|---|
|
Land Use
|
Type
|
Scale of Development
|
Type of Access Street
| |
|
Collector
(feet)
|
Arterial
(feet)
| |||
|
Residential
|
Any residential
|
0 to 100 dwelling units
|
25
|
—
|
|
101 to 200 dwelling units
|
50
|
75
| ||
|
201+ dwelling units
|
75
|
125
| ||
|
Commercial
|
Office
|
0 to 50,000 gross square feet
|
25
|
50
|
|
50,000 to 100,000 gross square feet
|
25
|
75
| ||
|
100,000 to 200,000 gross square feet
|
50
|
100
| ||
|
200,001+ gross square feet
|
100
|
150
| ||
|
In-Vehicle sales
|
0 to 2,000 gross square feet
|
25
|
75
| |
|
2,001+ gross square feet
|
50
|
100
| ||
|
Indoor entertainment
|
0 to 15,000 gross square feet
|
25
|
50
| |
|
15,000+ gross square feet
|
25
|
75
| ||
|
Commercial lodging
|
0 to 150 rooms
|
25
|
75
| |
|
151 + rooms
|
25
|
100
| ||
|
Other commercial uses
|
0 to 25,000 gross square feet
|
25
|
50
| |
|
25,001 to 100,000 gross square feet
|
25
|
75
| ||
|
100,000 to 500,000 gross square feet
|
50
|
100
| ||
|
500,001+ gross square feet
|
75
|
200
| ||
|
Industrial
|
All industrial uses
|
0 to 100,000 gross square feet
|
25
|
50
|
|
100,001 to 500,000 gross square feet
|
50
|
100
| ||
|
500,000+ gross square feet
|
50
|
200
| ||
|
All other uses
|
6+ parking spaces
|
25
|
50
| |
A.
Purpose. The purpose of this section is to prevent congestion of
public rights-of-way and private lots so as to promote the safety
and general welfare of the public by establishing minimum requirements
for the provision of loading facilities on various sites.
B.
Applicability. Any use which has a gross floor area of 6,000 square
feet or more, and which requires deliveries or makes shipments, shall
provide off-street loading facilities in accordance with the regulations
of this section.
C.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with § 550-105. All loading areas shall be located on the private lot and shall not be located within or so as to interfere with any public right-of-way.
D.
Size of loading area. The first required loading berth shall be designed
in accordance with Table 550-108D. All remaining required loading
berths shall be a minimum of 25 feet in length. All required loading
berths shall have a minimum vertical clearance of 14 feet. The following
standards shall be the minimum used to design loading areas:
|
Table 550-108D: Loading Standards
| ||||||
|---|---|---|---|---|---|---|
|
Design Vehicle
|
Length
(feet)
|
Dock Angle (a)
|
Clearance (D)
(feet)
|
Berth Width (W)
(feet)
|
Apron Space (A)
(feet)
|
Total Offset (F)
(feet)
|
|
WB-40
|
50
|
90°
|
50
|
10
|
63
|
113
|
|
12
|
56
|
106
| ||||
|
14
|
52
|
102
| ||||
|
60°
|
44
|
10
|
46
|
90
| ||
|
12
|
40
|
84
| ||||
|
14
|
35
|
79
| ||||
|
45°
|
36
|
10
|
37
|
73
| ||
|
12
|
32
|
68
| ||||
|
14
|
29
|
65
| ||||
|
WB-50
|
55
|
90°
|
55
|
10
|
77
|
132
|
|
12
|
72
|
127
| ||||
|
14
|
67
|
122
| ||||
|
60°
|
48
|
10
|
55
|
103
| ||
|
12
|
51
|
99
| ||||
|
14
|
46
|
94
| ||||
|
45°
|
39
|
10
|
45
|
84
| ||
|
12
|
40
|
79
| ||||
|
14
|
37
|
76
| ||||
|
E.
Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 550-107 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
F.
Surfacing and marking. All required loading areas shall be paved
and maintained in a dust-free condition at all times. Said surface
shall be marked in a manner which clearly indicates required loading
areas.
G.
Use of required loading areas. The use of all required loading areas
shall be limited to the loading and unloading of vehicles. Said area
shall not be used to provide minimum required parking spaces.
I.
Signage. All signage located within or related to loading areas shall comply with the requirements of Article XII.
J.
Depiction on required site plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
K.
Calculation of required loading spaces.
(1)
Indoor institutional land uses. One loading berth shall be required
for each building having a gross floor area of 6,000 square feet to
29,999 square feet. For such uses located in buildings having a gross
floor area of 30,000 square feet or greater, two loading berths shall
be required.
(2)
Commercial (except offices), storage/disposal, transportation,
and industrial land uses. One loading berth shall be required for
each building having a gross floor area of 6,000 square feet to 29,999
square feet. For such uses located in buildings having a gross floor
area of 30,000 square feet or greater, an additional loading berth
shall be required for any portion of each 50,000 square feet of gross
floor area in addition to the original 29,999 square feet.
(3)
Office land uses. One loading berth shall be required for each
building having a gross floor area of 6,000 square feet to 99,999
square feet. For such uses located in buildings having a gross floor
area of 100,000 square feet or greater, an additional loading berth
shall be required for any portion of each 100,000 square feet of gross
floor area in addition to the original 99,999 square feet.
[Amended by Ord. No. 08-11]
A.
Purpose. The purpose of this section is to control the use of residential, office and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to Article IV.
B.
Requirements for exterior storage in residential zoning districts.
(1)
No person shall park or store recreational vehicles and/or trailers
on a lot in a residential district except within a fully enclosed
structure or except as provided herein.
[Amended 8-18-2015 by Ord. No. 15-31]
(2)
No person shall place or store vehicle parts on a lot in a residential
district except within a fully enclosed structure or except as provided
herein.
(3)
No person shall park or store more than two nonfunctioning items
of lawn and exterior maintenance equipment on a lot in a residential
district except within a fully enclosed structure or except as provided
herein.
(4)
Outside parking of recreational vehicles, equipment and trailers
is subject to the following provisions:
[Amended 8-18-2015 by Ord. No. 15-31]
(a)
No more than a total of two recreational vehicles or trailers
may be parked or stored outside a fully enclosed structure in the
rear or side yard, whether or not on a paved driveway.
(b)
No more than one recreational vehicle or trailer may be parked
or stored in a front yard paved driveway of a residence. Multiple
recreational vehicles mounted on a single trailer under this subsection
shall be counted as a single recreational vehicle.
(c)
A recreational vehicle or trailer shall be located not closer
than three feet to a side or rear lot line.
(d)
The recreational vehicle shall be maintained and be in good
condition and safe for effective performance for the function in which
it was intended. The exterior of the vehicle shall be intact.
(e)
Recreational vehicles and trailers shall be roadworthy. Vehicles
and trailers that require a license shall be properly licensed with
current registration.
(f)
No recreational vehicles, equipment or trailers shall be parked
or stored in any open space outside a building unless the property
owner, who must reside on the property, wholly owns such equipment.
If the property is rented, such storage shall be permitted to the
tenant only, provided that the tenant owns such equipment.
(g)
All equipment shall be parked or stored as inconspicuously as
possible on the property. The area around the equipment or vehicle
must be kept weed-free and free of accumulation of other storage material.
(5)
Commercial vehicles. No trucks in excess of 20 feet in length
or in excess of 26,000 pounds in weight or tractors, flat bed trucks,
dump trucks, semitrucks, bobcats or other similar pieces of mechanical
equipment shall be kept on a lot for a period of time longer than
72 consecutive hours unless they are kept in a garage and out of public
view.
C.
Definitions.
(1)
For purposes of this section, "vehicle parts" shall include
but not be limited to vehicle or recreational vehicle body components,
tires, tire and wheel components, engine components, chassis components
and any other similar items used for or on motor vehicles or recreational
vehicles.
(2)
For purposes of this section, "items of lawn and exterior maintenance
equipment" shall include but not be limited to push or riding lawn
mowers, snow blowers, chain saws, weed whackers, leaf blowers, sidewalk
edgers, trimmers, hedge or bush trimmers and power washers, or their
components.
(3)
For the purpose of this section, a "trailer" shall be defined
as a vehicle without motive power designed for carrying property or
passengers wholly on its own structure and for being drawn by a motor
vehicle, but does not include a mobile home.
[Added 8-18-2015 by Ord.
No. 15-31]
D.
Requirements for exterior storage in nonresidential districts. In all office, commercial and industrial zoning districts (see § 550-17 for a listing of these districts), all materials, equipment and trailers shall be stored within a completely enclosed building, except for the following, which shall not be located within any front yard or required street yard (except for vehicles and/or trailers in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment associated with on-site construction; and off-street parking. Such exterior storage shall require a conditional use permit per § 550-142.
[Amended 8-18-2015 by Ord. No. 15-31]
A.
Purpose. The purpose of this section is to regulate the spill-over
of light and glare on operators of motor vehicles, pedestrians and
land uses in the vicinity of a light source in order to promote traffic
safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this section apply to all lighting
within the jurisdiction of this chapter, except for lighting within
public rights-of-way and/or lighting located on public property.
C.
Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
D.
Requirements.
(1)
Orientation of fixture. In no instance shall an exterior lighting
fixture be oriented so that the lighting element (or a transparent
shield) is visible from a property located within a residential zoning
district. The use of shielded luminaires and careful fixture placement
is encouraged so as to facilitate compliance with this requirement.
(2)
Intensity of illumination.
(a)
In no instance shall the amount of illumination attributable
to exterior and interior lighting, as measured at the property line,
exceed 0.50 footcandle above ambient lighting conditions on a cloudless
night.
(b)
The maximum average on-site exterior lighting in nonresidential
zoning districts shall be 2.4 footcandles (500 watts metal halide
or high-pressure sodium, 250 watts low-pressure sodium).
(c)
The maximum average on-site exterior lighting in residential
zoning districts shall be 0.90 footcandle (185 watts metal halide
or high-pressure sodium, 90 watts low-pressure sodium).
(d)
The following exceptions shall be permitted:
[1]
Outdoor recreation facilities and assembly areas: maximum average
on-site exterior lighting of 3.60 footcandles (750 watts metal halide
or high-pressure sodium, 375 watts low-pressure sodium).
[2]
Auto display lots and gas station pump islands: maximum average
on-site exterior lighting of 0.20 footcandle (50 watts metal halide
or high-pressure sodium, 25 watts low-pressure sodium).
(3)
Location. Light fixtures shall not be located within required
bufferyards.
(4)
Flashing, flickering and other distracting lighting. Flashing,
flickering and/or other exterior or interior lighting which may distract
motorists is prohibited. [Refer to § 253-51A(3).]
(5)
Minimum lighting standards. All areas designated on required
site plans for vehicular parking, loading or circulation and used
for any such purpose after sunset shall provide artificial illumination
in such areas at a minimum intensity of 0.4 footcandle.
(6)
Nonconforming lighting. All lighting fixtures and structures existing prior to the effective date of this chapter shall be considered as legal conforming uses (see Article V); except, however, that where nonconforming lighting is deemed to create a public nuisance by the Zoning Administrator, it shall not be subject to the protections of Article V and may be ordered to be modified or removed so as to conform to the standards of this section.
A.
Purpose. The purpose of this section is to regulate the creation
of vibration which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities which create detectable vibrations, except that these
standards shall not apply to vibrations created during the construction
of the principal use on the subject property.
C.
Depiction on required site plan. Any activity or equipment which create detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 550-145.)
D.
Requirements. No activity or operation shall cause or create earthborne
vibrations in excess of the displacement values given below.
E.
Method of measurement. Measurements shall be made at or beyond the
adjacent lot line or the nearest residence district boundary line,
as described below. Vibration displacements shall be measured with
an instrument capable of simultaneously measuring in three mutually
perpendicular directions. The maximum permitted displacements shall
be determined in each zoning district by the following formula: D
= K/f, where:
|
D
|
=
|
Displacement in inches
| |
|
K
|
=
|
A constant to be determined by reference to the tables below
| |
|
f
|
=
|
The frequency of vibration transmitted through the ground, cycles
per second
|
F.
Standards in the General Industrial District. In the General Industrial
District, the maximum earth displacement permitted at the points described
below shall be determined by use of the formula above and the appropriate
K constant shown in the table below:
|
Location
|
K
| ||
|---|---|---|---|
|
On or beyond any adjacent lot line
| |||
|
Continuous
|
0.015
| ||
|
Impulsive
|
0.030
| ||
|
Less than 8 pulses per 24-hour period
|
0.075
| ||
|
On or beyond any residence district boundary line
| |||
|
Continuous
|
0.003
| ||
|
Impulsive
|
0.006
| ||
|
Less than 8 pulses per 24-hour period
|
0.015
| ||
G.
Standards in the Heavy Industrial District. In the Heavy Industrial
District, the maximum earth displacement permitted at the points described
below shall be determined by use of the formula above and the appropriate
K constant shown in the table below:
|
Location
|
K
| ||
|---|---|---|---|
|
On or beyond any adjacent lot line
| |||
|
Continuous
|
0.030
| ||
|
Impulsive
|
0.060
| ||
|
Less than 8 pulses per 24-hour period
|
0.150
| ||
|
On or beyond any residence district boundary line
| |||
|
Continuous
|
0.003
| ||
|
Impulsive
|
0.006
| ||
|
Less than 8 pulses per 24-hour period
|
0.015
| ||
H.
Standards in the Planned Industrial District. In the Planned Industrial
District, the maximum earth displacement permitted at the points described
below shall be determined by use of the formula above and the appropriate
K constant shown in the table below:
|
Location
|
K
| ||
|---|---|---|---|
|
On or beyond any residence district boundary line
| |||
|
Continuous
|
0.003
| ||
|
Impulsive
|
0.006
| ||
|
Less than 8 pulses per 24-hour period
|
0.015
| ||
A.
Purpose. The purpose of this section is to regulate the creation
of noise which adversely affects adjoining properties in order to
prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities which create detectable noise, except that these standards
shall not apply to noise created during the construction of the principal
use on the subject property or by incidental traffic, parking, loading,
maintenance or agricultural operations.
C.
Requirements.
(1)
All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in Table 550-112C(1) (set out hereafter) as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI Standard S1.4-1983, where said lot abuts property within any residential, office or commercial zoning district or the Planned Industrial (PI) District. (See § 550-17.)
|
Table 550-112C(1): Maximum Permitted Noise Level at Lot
Line For Noise Radiated Continuously*
| ||
|---|---|---|
|
Zoning District
|
Increase in Noise Level over Ambient Level
| |
|
RH, CR-10, ER-1, SR-4, TR-6, MR-8, MR-10, SNR
|
Plus 3 dBA
| |
|
NO, PO, PB, NB, GB, CB, PI
|
Plus 5 dBA
| |
|
GI, HI
|
Plus 8 dBA
| |
|
*
|
If the noise is not smooth and continuous or is present only
during daytime hours, one or more of the corrections in Table 550-112C(2)
below shall be added to or subtracted from each of the decibel levels
given above in Table 550-112C(1).
|
(2)
Noises that were in effect as of the effective date of this
chapter shall be considered legal nonconforming noises. The burden
of proof to demonstrate that said noises were in effect prior to the
effective date of this chapter shall be the responsibility of the
noise producer.
|
Table 550-112C(2): Adjustment Factors for Maximum Noise
Levels
| ||
|---|---|---|
|
Type of Operation in Character of Noise
|
Correction in Decibels
| |
|
Daytime operation only
|
Plus 5
| |
|
Noise source operates less than 20% of any one-hour period
|
Plus 5*
| |
|
Noise source operates less than 5% of any one-hour period
|
Plus 10*
| |
|
Noise source operates less than 1% of any one-hour period
|
Plus 15*
| |
|
Noise of impulsive character (hammering, etc.)
|
Minus 5
| |
|
Noise of periodic character (hum, speech, etc.)
|
Minus 5
| |
|
*
|
Apply only one of these corrections.
|
A.
Purpose. The purpose of this section is to regulate the creation
of air pollution which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
air pollution created during the construction of the principal use
on the subject property or by incidental traffic, parking, loading
or maintenance operations.
C.
Standards.
(1)
The emission, from all sources within any lot, of particulate
matter containing a particle diameter larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of density equal to
or greater than Number 2 on the Ringelmann Chart (United States Bureau
of Mines) is prohibited at all times.
(3)
Dust and other types of air pollution borne by the wind from
such sources as storage areas, yards and roads within the boundaries
of any lot shall be kept to a minimum by appropriate landscaping,
paving, oiling or other acceptable means.
(4)
All applicable state and federal standards shall be met.
A.
Purpose. The purpose of this section is to regulate the creation
of odor which adversely affects adjoining properties in order to prevent
the creation of nuisances and to promote the general welfare of the
public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
odors created during the construction of the principal use on the
subject property or by incidental traffic, parking, loading or maintenance
operations. Public landfills and public sanitary sewage treatment
plants shall be exempted from the requirements of this section as
essential public services.
C.
Standards. Except for food preparation and cooking odors emanating from residential land uses and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odors shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within any residential, office, commercial zoning district, or the Planned Industrial (PI) District. (See § 550-17.)
A.
Purpose. The purpose of this section is to regulate the creation
of electromagnetic radiation which adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. It shall be unlawful to operate or cause to be operated
any planned or intentional source of electromagnetic radiation for
such purposes as communication, experimentation, entertainment, broadcasting,
heating, navigation, therapy, vehicle velocity measurement, weather
survey, aircraft detection, topographical survey, personal pleasure,
or any other use directly or indirectly associated with these purposes,
which does not comply with the then-current regulations of the Federal
Communications Commission regarding such sources of electromagnetic
radiation. Further, said operation in compliance with the Federal
Communications Commission shall be unlawful if such radiation causes
an abnormal degradation in performance of other electromagnetic radiators
or electromagnetic receptors of quality and proper design because
of proximity, primary field, blanketing, spurious radiation, harmonic
content, modulation or energy conducted by power or telephone lines.
The determination of "abnormal degradation in performance" and "of
quality and proper design" shall be made in accordance with good engineering
practices as defined in the latest principles and standards of the
American Institute of Electrical Engineers, the Institute of Radio
Engineers, and the Electronic Industries Association. In case of any
conflict between the latest standards and principles of the above
groups, the following precedence in the interpretation of the standards
and principles shall apply:
A.
Purpose. The purpose of this section is to regulate the creation
of glare or heat which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
glare created during the construction of the principal use on the
subject property or by incidental traffic, parking, loading or maintenance
operations.
C.
Standards. No direct or sky-reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line of the subject property, shall be permitted. (See also § 550-110.) Furthermore, there shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the Zoning Administrator or a designee) at the lot line. Solar systems regulated by § 66.0401, Wis. Stats., shall be entitled to the protection of its provisions.
A.
Purpose. The purpose of this section is to regulate the creation
of fire and/or explosion hazards which adversely affect adjoining
properties in order to prevent the creation of nuisances and to promote
the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. Any use involving materials which could decompose by detonation shall locate such materials not less than 400 feet from any residential or office zoning district (see § 550-17), except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the State of Wisconsin.
A.
Purpose. The purpose of this section is to regulate the handling
of toxic or noxious material which adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject
property, or through percolation into the subsoil, toxic or noxious
material in such concentration as to be detrimental to or endanger
the public health, safety, comfort or welfare, or cause injury or
damage to the property or business.
(2)
No use shall discharge at any point into any public or private
sewage disposal system or stream, or into the ground, any liquid or
solid materials, except in accordance with the regulations of the
Wisconsin Department of Natural Resources.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
A.
Purpose. The purpose of this section is to regulate the handling
of waste material which adversely affects adjoining properties in
order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject
property, or through percolation into the subsoil, waste material
in such concentration as to be detrimental to or endanger the public
health, safety, comfort or welfare, or cause injury or damage to the
property or business.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(2)
No use shall discharge at any point into any public or private
sewage disposal system or stream, or into the ground, any liquid or
solid materials except in accordance with the regulations of the Wisconsin
Department of Natural Resources.
A.
Purpose. The purpose of this section is to regulate the creation
of drainage which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. No land shall be developed and no use shall be permitted
that results in water runoff which causes property damage, a nuisance
and/or erosion on adjacent properties. Such runoff shall be properly
conveyed to a public storm drain, drainageway or other such public
drainage facility per the approval of the Public Works Director/City
Engineer. All parking lots 4,000 square feet or larger shall be internally
drained with catch basins connected to a municipal storm sewer.
[Amended 7-5-2022 by Ord. No. 22-63]
A.
Purpose. The purpose of this section is to regulate the use of certain
exterior construction materials so as to attain a degree of uniformity
in exterior appearance and thus maintain and enhance the attractiveness
and property value of certain zoning districts.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards for all residential, office, commercial districts, and
the PI Zoning District.
[Amended by Ord. No. 12-03]
(1)
Except for exposed foundations not to exceed three feet in height
from the adjacent grade, all non-single-family development located
within the RH, CR-10ac, ER-1, SR-4, TR-6, MR-8, MR-10, SNR, NO, PO,
NB, PB, GB, CB and PI Districts shall employ only high-quality decorative
exterior construction materials on the visible exterior of the following
portions of all structures and buildings:
(a)
Any portion of the building or structure visible from adjacent
residentially zoned property;
(b)
Any portion of the building or structure located within 50 feet
of a public right-of-way; or
(c)
Any other portion of the building or structure visible from
a public street and/or situated at an angle of 60° or less from
a line which is parallel to the nearest right-of-way (for uncurved
rights-of-way) or from a line which is parallel to a chord connecting
the right-of-way boundary on the inside side of the curve at points
located at, or opposite from, the two outer boundaries of the subject
property along the right-of-way line (for curved rights-of-way).
(2)
The following exterior construction materials shall not be considered
"high quality decorative": nondecorative concrete block or cinder
block, nondecorative concrete foundation walls or panels, corrugated
walls or panels, nondecorative plywood, asphaltic siding, or other
nondecorative surfaces as determined by the Plan Commission.
D.
Trademark architecture shall not be permitted, except as provided in § 550-69B(5)(d) for group developments.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
A.
Purpose. The purpose of this section is to provide information to the City regarding the nature of land uses which involve research, production, storage, disposal, handling and/or shipment of hazardous materials. Other regulations are also included in Chapter 303 of the Municipal Code.
B.
Applicability. The requirements of this section apply to all land
uses and activities involving any one or more of the following:
(1)
Microorganism cultures subject to § 94.65, Wis. Stats.;
(2)
Pesticides subject to § 94.67(25), Wis. Stats.;
(3)
Biological products subject to § 95.39, Wis. Stats.;
(4)
Hazardous substances subject to § 100.37(1)(c), Wis.
Stats.;
(5)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.;
(6)
Infectious agents subject to § 101.58(2)(f), Wis.
Stats.;
(7)
Any material for which the State of Wisconsin requires notification
of a local fire department; or
(8)
Any other uses, activities or materials that are subject to
county, state or federal hazardous or related materials regulations.
A.
Purpose. The purpose of this section is to regulate the materials,
location, height and maintenance of fencing, landscaping walls and
decorative posts in order to prevent the creation of nuisances and
to promote the general welfare of the public. In all zoning districts
fences and landscape walls are permitted only in the manner outlined
below.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
B.
FENCE
LANDSCAPE WALL
YARDS
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An enclosed barrier consisting of wood, stone or metal intended
to prevent ingress or egress.
A vertical structure or partition that encloses an area or
separates two areas.
[Added 5-5-2020 by Ord. No. 20-13]
FRONT YARDThe area of a parcel that abuts a public or private street right-of-way. In the case of a parcel having two or more street frontages, the area along the street from which the house is addressed, not extending past the principal structure's foundation into the secondary frontage, shall be the front yard area, and the other area or areas shall be street yard, street side area. See Area A in Illustration 550-123B.
REAR YARDIn the case of rectangular or most trapezoidal-shaped parcels, that parcel area which is parallel to and most distant from the front yard area of the parcel. In the case of an irregular, triangular or gore-shaped parcel, an area with a length of 20 feet, entirely within the parcel, parallel to and at the maximum possible distance from the front yard area shall be considered to be the rear yard area. In the case of parcels which have frontage on more than one road or street, the rear yard area shall be selected by the property owner and shall not extend past the principal structure's foundation into the secondary frontage. See Area D in Illustration 550-123B.
STREET YARD, INTERIOR SIDEAny area of a parcel that is not a front yard; a street yard, street side; or a rear yard area. See Area C in Illustration 550-123B.
STREET YARD, STREET SIDEAny parcel area that abuts a public or private street right-of-way which is not the front yard. See Area B in Illustration 550-123B.
|
Illustration 550-123B: Yards
 |
C.
Applicability. The requirements of this section apply to all fencing,
landscape walls and decorative posts equal to, or exceeding, 30 inches
in height, for all land uses and activities.
D.
Permit required. No fence or wall shall be installed without first obtaining a permit. Each application for a permit shall be accompanied by the fee in the amount stated in § 550-157.
E.
Standards.
(1)
Materials.
(a)
Residential districts. Acceptable materials for constructing
fencing, landscape walls and decorative posts include wood, stone,
preformed concrete block, concrete, brick, wrought iron, chain link,
and wire mesh, except that wire mesh fencing is not permitted within
required front yard or street yard setbacks. Any fence within a street
yard, including along property lines that intersect a right-of-way,
shall be a maximum of 60% opaque.
(b)
Nonresidential districts. Acceptable materials for constructing
fencing, landscape walls and decorative posts include wood, stone,
preformed concrete block, concrete, brick, wrought iron, chain link,
and wire mesh. Except for industrial security fences, barbed wire
fencing shall not be permitted. Any fence within a street yard, including
along property lines that intersect a right-of-way, shall be a maximum
of 60% opaque. Industrial security fencing shall be an open-type fence
(e.g., chain link, woven wire, or wrought iron) and may be topped
with barbed wire.
(c)
Temporary fencing. Temporary fencing, including the use of wood
or plastic snow fences for the purposes of limiting snow drifting
between November 1 and April 1, protection of excavation and construction
sites, and the protection of plants during grading and construction
and during special events, is permitted for up to 60 consecutive days.
(d)
Snow fences. Snow fences constructed of wood and wire and/or
plastic shall be permitted only as temporary fences.
(2)
Location.
(a)
On all properties, no fence, landscape wall or decorative post
shall be located closer than two feet to the front yard or street
yard property line. Fences may be located on any property line abutting
a side or year yard. The property owner is responsible for finding
and exposing or establishing through a survey that corner location
(property/lot stakes).
(b)
No fence, landscape wall or decorative post which obstructs sight lines over 2.5 feet in height above the survey of the roadbed shall be allowed in a traffic visibility triangle, per § 550-106B(1).
(3)
Maximum height. The top of a fence, landscape wall or decorative
post shall not exceed the height listed in Table 550-123E(3). Where
a fence is located on a slope and is stepped, each section shall not
be wider than eight feet, and the height shall be measured in the
middle of the stepped section.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24; 10-2-2018 by Ord. No. 18-11; 4-6-2020 by Ord. No. 20-11]
|
Table 550-123E(3): Maximum Fence Height
| |||
|---|---|---|---|
|
Location
|
Residential Zoning District
(feet)
|
Commercial Zoning District
(feet)
|
Industrial Zoning District
(feet)
|
|
Front yard
|
4
|
4
|
4
|
|
Side yard, street side
|
6
|
6
|
6
|
|
Side yard, interior lot
|
8
|
10
|
10
|
|
Rear yard
|
8
|
10
|
10
|
|
Vision triangle
|
See § 550-106.
| ||
(4)
Orientation. Any and all fences, landscape walls or decorative
posts shall be erected so as to locate visible supports and other
structural components toward the subject property.
(5)
Maintenance. Any and all fences, landscape walls or decorative
posts shall be maintained in a structurally sound and attractive manner
as determined by the Zoning Administrator.
F.
Enforcement. Enforcement of this section shall be upon written complaint to the Zoning Administrator, subject to his written order to abate any existing violation within 20 days thereof, prior to any enforcement by citation. Any such order of the Zoning Administrator is subject to the appeals process found in § 550-156D along with the fees in § 550-157.
A.
Purpose. This section regulating the placement of signal-receiving
antennas (including roof-mounted antennas which are greater than 15
feet and satellite dishes which are greater than 36 inches) is adopted
to:
(1)
Provide uniform regulation of all signal-receiving antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive
manner while allowing users reasonable reception of signals;
(3)
Protect the public from injury from antennas that are inadequately
mounted, unduly susceptible to wind pressure, improperly installed
and wired, or are placed on structures insufficiently designed or
constructed to safely support the antenna; and
(4)
Provide for placement of such antennas in locations that preserve
access to rear property areas by firefighting apparatus and emergency
personnel.
B.
Conditional use permit required. No owner shall, within the City of Watertown, build, construct, use or place any type of signal-receiving antenna which exceeds the size requirements of this section or which is a ham/short wave radio antenna of a height of 75 feet or higher or which is a ham/short wave radio antenna of a height of less than 75 feet that does not meet all of the requirements of § 550-56V(2) of this chapter, until a conditional use permit has been issued.
[Amended by Ord. No. 10-10]
C.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The holder of record of an estate in possession in fee simple,
or for life, in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his interest. The personal representative of at least
one owner shall be considered an owner.
Any apparatus capable of receiving communications from a
transmitter or a transmitter relay located in a planetary orbit. This
definition includes all types of signal-receiving antennas, including,
without limitation, parabolic antennas, home earth stations, satellite
television disks, UHF and VHF television antennas, and AM, FM, ham
and short-wave radio antennas, regardless of the method of mounting.
D.
Application. Application for a signal-receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee (see § 550-157) and a sufficient set of mounting plans and specifications, including a general plot plan, showing the location of the proposed signal-receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
E.
Installation standards. Signal-receiving antennas installed in any
zoning district within the City shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be
located a minimum of 10 feet from any property line.
(b)
Subject to the provisions herein, signal-receiving antennas
shall only be located in the rear yard of any lot. If reasonable reception
of signals is not possible with a rear yard placement due to the physical
characteristics of the lot and area, the signal-receiving antenna
shall be placed in the side yard of the lot. In the event that reasonable
reception of signals is not possible by locating the signal-receiving
antenna on the rear or side yard of the property, such antenna may
be placed in the front yard or on the roof of structures on the property.
For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the
Zoning Administrator shall determine where reasonable reception is
possible, based on evidence provided by the person seeking to erect
or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the wall or
roof of any principal or accessory structure shall be permitted only
if the structure is properly constructed to carry all imposed loading
and complies with applicable state and local building code requirements.
The Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal-receiving antenna shall
not exceed 15 feet in diameter for commercial uses or 10 feet in diameter
for residential uses, except for systems used to provide community
antenna television services.
(4)
Height.
(a)
A ground-mounted signal-receiving antenna, including any platform
or structure upon which said antenna is mounted or affixed, may not
exceed 18 feet in height, as measured from the ground to the highest
point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet in height above
the surrounding roofline as measured from the lowest point of the
existing roofline.
(5)
Wind pressure. All signal-receiving antennas shall be permanently
mounted in accordance with the manufacturer's specifications for installation.
All such installations shall meet a minimum wind load design velocity
of 80 miles per hour.
(6)
Electrical installations. Electrical installations in connection
with signal-receiving antennas, including grounding of the system,
shall be in accordance with the National Electrical Safety Code, Wisconsin
State Electrical Code and the instructions of the manufacturer. In
cases of conflict, the stricter requirements shall govern. All cable
used to conduct current or signals from the signal-receiving antenna
to the receivers shall be installed underground unless installation
site conditions preclude installation underground. If a signal-receiving
antenna is to be used by two or more residential property owners,
all interconnecting electrical connections, cables and conduits must
also be buried. The location of all such underground lines, cables
and conduits shall be shown on the application for a permit. All signal-receiving
antennas shall be grounded against direct lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted signal-receiving
antenna shall be allowed, except for temporary installation for on-site
testing and demonstration purposes for periods not exceeding five
days. However, such trial placement shall be in accordance with all
provisions of this section. Failure to comply shall result in a citation
being issued for violation of this section. Any person making such
temporary placement shall first give written notice to the Zoning
Administrator of the date when such placement shall begin and end.
(8)
Advertising. No form of advertising or identification, sign
or mural is allowed on the signal-receiving antenna other than the
customary manufacturer's identification plates.
(9)
Interference with broadcasting. Signal-receiving antennas shall
be filtered and/or shielded so as to prevent the emission or reflection
of any electromagnetic radiation that would cause any harmful interference
with the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to its installation, the owner of the signal-receiving antenna shall
promptly take steps to eliminate the harmful interference in accordance
with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation and use
of every signal-receiving antenna shall be in conformity with the
Federal Cable Communications Policy Act of 1984 and regulations adopted
thereunder.
(11)
Aesthetic considerations. Signal-receiving antennas shall be
located and designed to reasonably reduce visual impact from surrounding
properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any
signal-receiving antenna in violation of any provisions of this section.
In the event of any violation, the Common Council or any property
owner who would be specifically damaged by such violation may institute
appropriate action or proceedings to enjoin a violation of this section.
(2)
Any person, firm or corporation who fails to comply with the
provisions of this section shall, upon conviction, be subject to the
general penalty found in § 500-158.
A.
Construction of wind energy systems. No person shall construct or
operate a wind energy conversion system (WECS) without having fully
complied with the provisions of this section.
C.
Application requirements. An application for a permit to build a
wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property
where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal
to two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where
a WECS site is proposed.
(6)
Dimensional representation of the structural components of the
tower construction, including the base and footings.
(7)
Schematic of electrical systems associated with the WECS, including
all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation
instructions or specific WECS design information.
(9)
Certification by a registered professional engineer that the
tower design is sufficient to withstand wind load requirements for
a structure as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any
protruding blade(s) utilized on a WECS shall be 15 feet, as measured
at the lowest point of the arc of the blades. The minimum distance
shall be increased as necessary to provide for vehicle clearance in
locations where over-sized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall be controlled
by fences six feet in height around the tower and anti-climbing devices.
Existing local regulations regarding attractive nuisances shall cover
wind systems as well. A sign indicating shock hazard shall be placed
on the tower. Such sign shall state: "Warning. Electrical shock hazard.
No unauthorized persons on tower. No Trespassing." Cables, ropes or
wires used to secure the WECS shall be appropriately marked to prevent
accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with
all applicable sections of the Wisconsin State Building Code, including,
but not limited to, Department of Commerce Administrative Code, and
any future amendments, additions and/or revisions to the same.
G.
Utility interconnection. The WECS, if interconnected to a utility
system, shall meet the requirements for interconnection and operate
as set forth in the electrical utility's then-current service regulations
applicable to WECS; these standards are subject to review by the Public
Service Commission.
H.
Setback requirements.
I.
Noise. During all operations, from commencement through abandonment,
all noise and vibrations shall conform to the requirements of the
City of Watertown Code.
J.
Interference with navigational systems. No WECS shall be installed
or operated in such a manner that is not in compliance with Federal
Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines
shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic overspeed control
to render the system inoperable when winds are blowing in excess of
the speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to render the
system inoperable in the event of a structural or mechanical failure
of any part of the system, including the automatic overspeed control.
(3)
All WECS shall be designed with an automatic control to render
the system inoperable in case of loss of utility power to prevent
the WECS from supplying power to a de-energized electrical distribution
system.
(4)
Any WECS declared to be unsafe by the Zoning Administrator by
reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is hereby declared to be a
public nuisance and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedures set forth in the City
of Watertown Code.
M.
Maintenance. The Zoning Administrator or his representative shall
have the right at any reasonable time to enter, in the company of
the owner or his agent, the premises on which a WECS has been constructed
to inspect all parts of said WECS installation and to require that
repairs or alterations be made within 30 days if, in his judgment,
there exists a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time
to time by resolution of the Common Council shall be made by the Zoning
Administrator to certify the safety and maintenance of the WECS and
accessory structures.
A.
No person shall store firewood in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may be stacked not closer than
three feet to any lot line and not higher than six feet from grade,
except adjacent to a fence, where firewood can be stacked against
the fence as high as the fence. "Fence," as used in this section,
shall not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be
promptly and properly disposed of and shall not be allowed to remain
on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this Code.
E.
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
[Added by Ord. No. 04-24; amended 9-21-2021 by Ord. No. 21-36]
A.
ABOVEGROUND PORTABLE SWIMMING POOL OR WADING POOL
PRIVATE OR RESIDENTIAL SWIMMING POOL OR OUTDOOR HOT TUB
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A shallow pool, with depth not exceeding 4.5 feet, which
is not designed nor intended to be permanently affixed to and/or into
the ground, which is capable of being removed for storage, and is
not left up year-round. Electrical Code shall still apply to portable
pools.
An outdoor structure containing a body of water in a receptacle
or other container having a depth for water at any point greater than
1 1/2 feet located above or below the surface of ground elevation
that is used or intended to be used solely by the owner, operator,
or lessee thereof and such owner's, operator's or lessee's family
and by friends invited to use it, and includes all structural facilities,
appliances and appurtenances, equipment, and other items used and
intended to be used for the operation and maintenance of a private
or residential swimming pool.
B.
Exemptions. Pools and outdoor hot tubs exempt from this section are
as follows:
(1)
Aboveground portable swimming or wading pools are exempt from
this section;
(2)
Portable outdoor hot tubs are exempt from this section, providing
they are installed for no more than 30 consecutive days.
(3)
Hot tubs with lockable tops are also exempt. Lockable tops shall
be securely fastened in place at all time when the hot tub is not
in actual use.
C.
Permit required. Before work is commenced on the construction, addition,
remodel, alteration, or erection of private or residential swimming
pools or outdoor hot tubs, a swimming pool permit must be submitted
in writing to the Building Inspector. Plans and specifications and
pertinent explanatory data should be submitted to the building inspector
at the time of application. No such work is obtained by the applicant.
D.
Construction requirements. In addition to such other requirements
as may be reasonably imposed by the Building Inspector, the Building
Inspector shall not issue a permit for construction as provided for
in Ssubsection C of this section, unless the following construction
requirements are observed:
(1)
All materials and methods of construction in the construction,
alteration, addition, remodeling, or other improvements and pool installation
shall be in accord with all state regulations and codes and with any
and all sections of this Code;
(2)
All plumbing work shall be in accordance with all applicable
sections of this Code and all state codes. Every private or residential
swimming pool or outdoor hot tub shall be provided with a suitable
draining method, and in no case shall waters from any pool be drained
into the sanitary sewer system, onto lands of other property owners
adjacent to that on which the pool is located, or in the general vicinity;
(3)
All electrical installations, including lighting and heating,
but not limited thereto, that are provided for, installed, and used
in conjunction with a private swimming pool or outdoor hot tub shall
be in conformance with the state laws and sections of this Code regulating
electrical installations.
E.
Setbacks and other requirements.
(1)
A private swimming pool or outdoor hot tub shall be erected
or constructed on a rear or side lot, only, and only on a lot occupied
by a principal building. No swimming pool shall be erected or constructed
on an otherwise vacant lot. A lot shall not be considered vacant if
the owner owns the contiguous lot and such lot is occupied by a principal
building;
(2)
No swimming pool or outdoor hot tub shall be located, constructed,
or maintained closer to any side or rear lot line than is permitted
in this chapter for an accessory building, and in no case shall the
water line or pump motor of any pool be less than five feet from any
lot line.
F.
Fence. A fence for a swimming pool or outdoor hot tub shall be erected
as follows:
(1)
Pools or outdoor hot tubs within the scope of this section that
are not enclosed with a permanent building shall be completely enclosed
by a fence of sufficient strength to prevent access to the pool or
shall have a cover or other protective device over such swimming pool
of such a design and material that the cover can be securely fastened
in place and when in place shall be capable of sustaining a person
weighing 250 pounds. Such cover or protective device shall be securely
fastened in place at all times when the swimming pool or outdoor hot
tub is not in actual use for swimming or bathing purposes. Such fence
or wall shall not be less than four feet in height and so constructed
as not to have voids, holes, or openings larger than four inches in
one dimension. Gates or doors shall be kept locked while the pool
is not in actual use;
(2)
The enclosure may be omitted where aboveground pools are installed
and have a raised deck around the entire pool perimeter with an attached
railing on the top outer edge of the raised deck or where the sidewalls
of an aboveground pool are extended by an enclosure (fence) to a minimum
of six feet above grade. Access shall be through self-closing and
latching gates with a locking device and shall be kept locked when
pool is not in use. Where pool ladders are provided, they shall be
a type that can be removed when pool is not in use;
G.
Filter system required. All private swimming pools and outdoor hot
tubs within the meaning of this section must have, in connection therewith,
some filtration system to ensure proper circulation of the water therein
and maintenance of the proper bacterial quality thereof.
H.
Dirt bottoms prohibited. All swimming pools or outdoor hot tubs of
a permanent nature shall have the sides and bottom of a smooth finish,
and no sand or dirt bottom shall be permitted.
A.
Determinations necessary for administration and enforcement of performance
standards set forth herein range from those which can be made with
satisfactory accuracy by a reasonable person using normal senses and
no mechanical equipment to those requiring great technical competence
and complex equipment for precise measurement. It is the intent of
this chapter that:
(1)
Where determinations can be made by the Zoning Administrator
using equipment normally available to the City or obtainable without
extraordinary expense, such determinations shall be so made before
notice of violations is issued.
(2)
Where technical complexity or extraordinary expense makes it
unreasonable for the City to maintain the personnel or equipment necessary
for making difficult or unusual determinations, procedures shall be
available for causing corrections of apparent violations of performance
standards, for protecting individuals from arbitrary, capricious and
unreasonable administration and enforcement of performance standard
regulations, and for protecting the general public from unnecessary
costs for administration and enforcement.
(a)
The Zoning Administrator shall give written notice, by certified
mail or other means ensuring a signed receipt for such notice, to
the person or persons responsible for the alleged violations. The
notice shall describe the particulars of the alleged violation and
the reasons why the Zoning Administrator believes there is a violation
in fact and shall require an answer or correction of the alleged violation
to the satisfaction of the Zoning Administrator.
(b)
The notice shall state, and it is hereby declared, that failure
to reply or to correct the alleged violation to the satisfaction of
the administrative official within the time limit set constitutes
admission of violation of the terms of this chapter. The notice shall
further state that, upon request of those to whom it is directed,
technical determination as described in this chapter will be made,
and that if violations as alleged are found costs of such determinations
shall be charged against those responsible for the violation, in addition
to such other penalties as may be appropriate, but that if it is determined
that no violation exists, the cost of the determination will be paid
by the City.
