[1]
Note: This chapter shall function in combination with Parts
500-200, 500-500, 500-1900 and all other chapters of the Zoning Code.
Please refer to these for additional requirements and limitations.
This chapter is intended to regulate development to:
A.
Promote and to protect the public health, safety, comfort, convenience
and general welfare;
B.
Promote the orderly development of the community in accordance with
the Official Village Comprehensive Plan or any of the component parts
thereof;
C.
Secure safety from fire, panic, and other dangers;
D.
Improve the visual image of the Village while maintaining scenic
values;
E.
Lessen congestion in the streets;
F.
Provide adequate standards of light, air and open space;
G.
Maintain the aesthetic appearances and prevent the overcrowding of
land;
H.
Mitigate urban heat islands;
I.
Protect existing development and improve upon it;
J.
Provide adequate public infrastructure and street and highway capacity;
K.
Encourage alternative modes of transportation and minimize the visual,
physical and environmental impacts of a motor vehicle dominated transportation
system;
L.
Minimize light pollution and the creation of sky glow;
M.
Recognize the physical, environmental, social and psychological benefits
of good design of all aspects of the built environment including but
not limited to building construction, site improvement, signs and
landscaping;
N.
Foster a rational pattern of relationship among agricultural, residential,
business, commercial and manufacturing uses for the mutual benefit
of all.
This article shall function in harmony with Part 500-1500, Site Plan Review, and all other chapters of the Village of Bellevue Zoning and Municipal Codes. In the event of a conflict, the stricter of the regulations shall apply. The following requirements are applicable to the approval and construction of all new multifamily residential projects, additions, remodeling, reconstruction, and rehabilitation as appropriate.
A.
Building materials. Exterior building materials shall be allowed
in three steps each with unique requirements above and beyond the
other requirements listed below:
(1)
Step 1.
(a)
The minimum materials shall consist of 80% brick/masonry/stone,
20% siding/shake or other alternative materials as approved by the
CDRT.
(b)
Vinyl siding shall have a minimum thickness of 0.044.
(c)
A minimum of a two-foot offset in building design for both walls
that are considered front or rear facades and roofs shall be incorporated
a minimum of every 50 feet subject to review and approval by the CDRT.
(d)
Architectural features shall be used to break up the plane of
the wall such as wall treatments, siding/brick/stone design, accent
panels, or other design as reviewed and approved by the CDRT.
[1]
Architectural details such as wall treatments,
siding/brick/stone design, accent panels, colors, textures, or other
design shall be incorporated to further articulate walls, as reviewed
and approved by the CDRT.
(e)
Windows shall be defined by a border or molding with a minimum
width of 2 1/4.
(f)
The roof shall utilize asphalt shingles, or other material as
approved by the CDRT.
(g)
A shed roof shall not be considered an architectural feature.
(2)
Step 2.
(a)
The minimum materials shall consist of 60% brick/masonry/stone,
40% siding/shake or other alternative materials as approved by the
CDRT.
(b)
Vinyl siding shall have a minimum thickness of 0.044.
(c)
Vinyl shake must make up at least 10% of the vinyl allotment
with design to be reviewed and approved by the CDRT.
(d)
A minimum of a two-foot offset in building design for both walls
that are considered front or rear facades and roofs shall be incorporated
a minimum of every 30 feet subject to review and approval by the CDRT
for application.
(e)
Architectural features shall be used to break up the plane of
the wall such as wall treatments, siding/brick/stone design, accent
panels, or other design as reviewed and approved by the CDRT.
[1]
Architectural details such as wall treatments,
siding/brick/stone design, accent panels, colors, textures, or other
design shall be incorporated to further articulate walls, as reviewed
and approved by the CDRT.
(f)
The first story of building shall be distinguished from the
second story by means of a horizontal lintel, material change, overhang
or setback.
(g)
Windows shall be defined by a border or molding with a minimum
width of 2 1/4.
(h)
The roof shall utilize asphalt shingles, or other material as
approved by the CDRT.
(i)
A shed roof shall not be considered an architectural feature.
(3)
Step 3.
(a)
The minimum materials shall consist of 40% brick/masonry/stone,
60% siding/shake or other alternative materials as approved by the
CDRT.
(b)
Vinyl siding shall have a minimum thickness of 0.044.
(c)
Vinyl shake must make up at least 20% of vinyl allotment with
design to be reviewed and approved by the CDRT.
(d)
A minimum of a two-foot offset in building design for both walls
that are considered front or rear facades and roofs shall be incorporated
a minimum of every 20 feet subject to review and approval by the Site
Plan Review Commission for application.
(e)
Architectural features shall be used to break up the plane of
the wall such as wall treatments, siding/brick/stone design, accent
panels, or other design as reviewed and approved by the CDRT.
[1]
Architectural details such as wall treatments,
siding/brick/stone design, accent panels, colors, textures, or other
design shall be incorporated to further articulate walls, as reviewed
and approved by the CDRT.
(f)
Variations in roof height and orientation shall be incorporated
into the building design.
(g)
The first story of building shall be distinguished from the
second story by means of a horizontal lintel, material change, overhang
or setback.
(h)
Windows shall be defined by a border or molding with a minimum
width of 2 1/4.
(i)
The roof shall utilize asphalt shingles, or other material as
approved by the CDRT.
(j)
A shed roof shall not be considered an architectural feature.
B.
Building design. The building exterior shall complement other buildings
in the vicinity, and shall be of a design and color determined appropriate
by the Village:
(1)
The building shall employ varying setbacks, heights, broken
roof lines and other roof features, doorways, window openings, and
other structural or decorative elements to reduce apparent size and
scale and to visually enhance the building, while maintaining the
residential character.
(2)
A one or more stall garage shall be provided for each unit,
of which no less than 50% shall be attached to each building.
(3)
Carports are prohibited.
(4)
Roofs with particular slopes may be required by the Village
to complement existing buildings or otherwise establish a particular
aesthetic objective. There shall be no flat roofs or roofs with a
slope of less than four vertical to 12 horizontal.
(5)
Buildings shall incorporate patios and balconies with roofs.
(6)
All rooftop mechanical equipment and vents over eight inches
in diameter or square dimension are prohibited. Color of venting shall
be consistent with surrounding material colors. All venting shall
be submitted for review and approval by the CDRT.
(7)
A minimum of 20% of the structure's facades that are visible
from a public street shall employ actual protrusions or recesses with
a depth of at least six feet. No uninterrupted facade shall extend
more than 100 feet.
C.
Building entrances. Public building entryways shall be clearly defined
and highly visible on the building's exterior, and shall be emphasized
by on-site traffic flow patterns.
D.
Building color. In order to promote a cohesive aesthetic throughout
the Village, an acceptable palette of colors for primary buildings
and accessory structures is herein established.
(1)
The Village bases the acceptable palette of colors on a universal
fan deck with six to eight color chips per color and with values ranging
from light to dark:
(a)
On a six-chip per card deck, the light value range is considered
to be comprised of the first two (lightest) color chips, the mid-value
range is comprised of the third and fourth color chips and the dark
value range is comprised of the fifth and sixth color chips.
(b)
On a fan desk with eight color chips per card, the light value
range is considered to be comprised of the first three (lightest)
color chips, the mid-value range is comprised of the fourth and fifth
color chips and the dark value range is comprised of the sixth, seventh
and eighth color chips.
(c)
The darkest color value of any color on a universal fan deck
shall be used by the Village to determine whether the color is neutral,
muted and de-saturated, or whether it is unacceptably bright or fluorescent.
The CDRT shall have unilateral discretion over the interpretation
of these color guidelines.
(2)
For the brick facades of primary buildings and accessory structures
this palette consists of muted, light-to-mid value neutrals and muted,
light-to-mid value earth tones.
(3)
For primary buildings and accessory structures, building trim and architectural accent elements shall be within the color palette of Subsection D(1) and (2) for building and accessory structure facades or may feature black or somewhat more intense mid-to-dark value colors, but those colors shall still be understated, neutral desaturated colors, muted in tone and in keeping with the established aesthetic.
(a)
Acceptable colors are understated, de-saturated neutral and
muted tones of whites, creams/beiges, grays and blues, yellows and
golds, terra cotta, browns, tans, greens, and dark reds.
(b)
The finish on trim and architectural accents shall be non-metallic,
non-fluorescent, and non-reflective and shall not be specific to particular
uses or tenants.
(c)
The color of building trim and architectural accent elements
shall be constructed and maintained in compliance with this paragraph
and the approval of the CDRT.
(d)
All sides of the building shall include materials consistent
with those on the front.
[Added 3-11-2020 by Ord.
No. ZOA 2020-0001]
(e)
Accessory structures, including but not limited to storage,
maintenance facilities and dumpster enclosures, shall be architecturally
compatible, including masonry, with the primary buildings they serve.
The percentage of masonry shall be consistent with the step utilized
for the primary buildings within the development.
[Added 3-11-2020 by Ord.
No. ZOA 2020-0001]
A.
Screening.
(1)
All ground and roof-mounted mechanical equipment, refuse and
recycle containers and any permitted outdoor storage shall be fully
concealed from on-site and off-site ground level views, with materials
identical to those used on the building exterior.
(a)
Refuse and recycle containers shall be generally located in
the rear or interior of the development, not visible from adjacent
streets. Approval of an alternative location shall be at the discretion
of the Community Development Director or his/her designee.
[Added 11-14-2018 by Ord.
No. O-2018-12]
B.
Parking.
(1)
Parking lot design shall employ interior, curbed landscaped
islands at all parking aisle ends.
(2)
The parking lot shall provide landscaped islands within each
parking aisle spaced at intervals no greater than one island per every
20 spaces in that aisle. Islands at the ends of aisles shall count
toward meeting this requirement.
(3)
Each required landscaped island shall be a minimum of 400 square
feet in landscaped area for a double row of parking stalls, or 200
square feet in landscaped area for a single row of parking stalls.
(4)
All parking abutting lower density residential lands or adjacent
to public rights-of way shall be screened from view by the use of
berms and landscaping.
[Amended 3-11-2020 by Ord. No. ZOA 2020-0001]
(a)
The parking lot shall be set back a minimum of 20 feet to allow
for the use of berms and landscaping. Plant materials used for screening
purposes shall be staggered and sufficient in size to meet this standard
within three years of planting.
(5)
The required number of parking stalls per unit is pursuant to
Part 500-1900, Off-Street Parking Regulations.
(6)
All parking and storage areas shall be maintained so that the
pavement/hard surfacing is structurally sound, clean and free of dust,
mud or trash and striped to Village standards. All pavement repair,
striping, reconstruction, or restoration work shall be done in accordance
with Village standards.
[Added 3-11-2020 by Ord.
No. ZOA 2020-0001]
C.
Vehicular traffic facilities.
D.
Connectivity to Village Trail System. The development shall provide
connectivity to the Village Trail System where available.
E.
Outdoor storage uses and areas. With the exception of communal garbage/recycle
enclosures, there shall be no outside storage of vehicles, equipment,
containers, crates, pallets, materials, fork lifts, and all other
such items; or outside parking of boats, campers, recreational vehicles,
service vehicles, trailers, equipment, fork lifts, and all other such
items.
F.
Natural resources protection. In general, existing natural features
shall be integrated into the site design as a site and community amenity.
On-site landscaping shall be provided at time of building occupancy
and maintained per the following landscaping requirements:
A.
A landscaping plan shall be submitted to the Village for approval,
as part of the site plan.
B.
For approved tree plantings and specifications, see the most recently
adopted Village of Bellevue Arboricultural Specifications Manual.
[Added 11-14-2018 by Ord.
No. O-2018-12[1]]
C.
Building foundation landscaping is required for all building frontages
to provide visual breaks in the mass of the building.
(1)
Such foundation landscaping shall be placed along 30% of the
building's total perimeter, predominately near and along entrances
and along street sides.
(2)
One ornamental tree with a minimum 1.75 inches, caliper and
four shrubs at a minimum height of 18 inches tall shall be planted
for every 25 linear feet of building foundation planter area.
[Amended 11-14-2018 by Ord. No. O-2018-12]
(3)
One street tree a minimum of 1.75 inches, caliper shall be planted
at fifty-foot centers (for low- to mid-growth trees) and sixty-foot
centers (for large-growth trees).
(a)
Trees shall be located five feet behind the curb and four feet
from sidewalk or sidewalk reserve area of all public and private streets
and drives, including parking lot connections, circulation drives
and loading areas (except as determined unfeasible by the Village
Forester).
[Amended 11-14-2018 by Ord. No. O-2018-12]
(5)
Coniferous trees must be a minimum of 48 inches in height at
the time of planting.[4]
[4]
Editor's Note: Former Subsection C(5)(a), which named specific tree types, was repealed 11-14-2018 by Ord. No. O-2018-12. This ordinance also repealed former Subsection C(6), which referred to the Village's approved planting guidelines. Former Subsections C(7) through C(13) were redesignated as Subsections C(6) through C(12), respectively.
(6)
All landscaped areas where low-to mid-growth trees are planted
shall be a minimum of eight feet in diameter; all landscape areas
where large shade trees are to be planted shall be a minimum of 10
feet in diameter.
(7)
All required trees shall be allowed to grow to their natural
size and shape with pruning only as necessary to maintain good tree
health.
(8)
All parking abutting lower density residential lands or adjacent
to public rights-of-way shall be screened from view by the use of
berms that shall be planted with a mixture of deciduous and evergreen
trees and shrubs, and shall be an effective and pleasing barrier.
[Amended 3-11-2020 by Ord. No. ZOA 2020-0001]
(9)
General landscaping shall be provided and maintained to aesthetically
enhance the overall development.
[Amended 3-11-2020 by Ord. No. ZOA 2020-0001]
(a)
Dead or terminally diseased plant materials, as determined by
the Village Forester, shall be removed and replaced with healthy plant
materials of comparable size and species that meet the original intent
of the approved landscape design within 45 days upon determination,
unless seasonal conditions prohibit removal and replacement. In such
case, the removal and replacement shall occur within a reasonable
period of time approved by the Village.
(10)
All deciduous trees shall be a minimum of 1.75 inches caliper
at six inches above the ground when planted. All evergreen trees shall
be a minimum of four feet high when planted.
(11)
As part of the site plan review process, the Village Forester
will determine the appropriateness of the landscape plan in its entirety
and may make dimensional exceptions as necessary dependent on terrace
widths, etc.
(12)
All trees, shrubs, bushes and landscaping, shall be implemented
and maintained in perpetuity.
D.
Greenspace. All sites must maintain a minimum of 50% of the total
lot area as greenspace.
(1)
Greenspace is that portion of the site which is not occupied
by principal or accessory structures, or by parking areas, sidewalks,
patios, driveways, or other vehicular travel paths or facilities.
(2)
Green areas reserved for stormwater management facilities may generally be counted towards greenspace calculations pursuant to Subsection D(3) below.
(3)
Areas located in floodways, floodplains, wetlands, or drainage
corridors may or may not be counted towards the greenspace requirement
depending on their location and relationship to the site plan.
(4)
Property which is part of a lot, but which could be subdivided
for use as a separate building site, may not be used towards meeting
greenspace requirements.
A.
The intent of the following standards is to mitigate the impact of
exterior illumination related to development on surrounding properties,
particularly in areas proximal to residential uses, while providing
safe, healthy and visually attractive nighttime environments. In order
to achieve that, good lighting design shall be practiced. Good lighting
design is characterized by:
(1)
Illumination levels appropriate for the visual task.
(2)
Reasonably uniform illumination levels on adjoining sites.
(3)
An absence of glare.
(4)
Consideration of the compatibility and aesthetics of illumination
and the mechanical improvements that create it as those relate to
surrounding properties and the character of the community.
B.
Lighting and illumination. In order to insure that appropriate lighting
design as determined by the Village, the following standards shall
apply:
(1)
All exterior lighting fixtures shall be full cut-off luminaries
as defined within Part 500-300 of the Village of Bellevue Zoning Code.
(2)
All such lighting shall be directed straight down to ensure
no fugitive lighting occurs, to prevent glare, and to prevent illumination
of the night sky.
(3)
Exceptions.
(a)
The Village may modify the cutoff fixture requirement for security
lighting in areas where the exterior lights are not visible from a
residential area or a public street.
(b)
Flag Lighting. United States, Sovereign State Flags, State of
Wisconsin and Village of Bellevue flags are exempt from the down-lighting
requirement. All other flags shall be down-lit.
(c)
Bollard lighting may be incorporated at discretion of the CDRT.
(4)
Illumination levels shall be appropriate for the intended improvement,
area and/or function to be illuminated.
(5)
In general, illumination levels should follow the guidelines
and recommendations of the IESNA.
(6)
In no event shall any exterior illumination exceed an average
illumination level of 5.0 foot-candles for the surface to be illuminated
unless approved otherwise by the Plan Commission as part of a planned
development district or conditional use permit.
(7)
The illumination level at any side or rear property line shall
not exceed 0.05 foot-candle above the ambient lighting conditions
on a cloudless night.
(8)
In no instance shall an outdoor lighting fixture be mounted
or oriented such that the lighting element is visible from anywhere
off-site.
(9)
The following shall be the maximum mounting height for the respective
lighting fixture. The mounting height shall be measured from the surface
to be illuminated to the bottom of the light fixture:
(10)
The color and design of pole lighting standards shall be compatible
with the building and any theme lighting required or approved by the
Village in the area, and shall be uniform throughout the entire development
site.
(11)
During the hours of 11:00 p.m. until dawn of each day, illumination
of American flags, and flags in general, shall be reduced to 25% of
its normal illumination level.
(12)
Neon tubing and similar types of strip lighting is prohibited.
(13)
Lighting intended to reflect off of building elements, components,
amenities, or other items is prohibited. This standard is not intended
to prohibit an aesthetic wash of light on a building facade or element.
(14)
A photometric plan and cut sheets for all proposed exterior
fixtures shall be included with the application requirements of a
site plan.
(a)
The photometric plan shall provide computer printout information
that shows that the proposed lighting meets the requirements of the
Code and shall include the uniformity ratios. Plans shall certify
that design illumination is for initial luminance levels.
(b)
Exceptions. Architectural lighting may be approved separately
by the Community Development Director or his/her designee.
(c)
Exception. Alternatives to these standards may be proposed to
incorporate the use of a particular architectural style or theme or
to incorporate innovative or unique illumination techniques. Such
alternatives shall be presented to the Village with supportive evidence
sufficient to determine that the proposal is consistent with intent
of the heretofore-established standards. Approval of an alternative
illumination plan is at the discretion of the Village.
Signage shall be complimentary and appropriately designed and
pursuant to Part 500-1800, Signs.
A.
Freestanding (pylon type) signs are prohibited. Monument signs shall
be permitted.
B.
The Village may require the use of muted corporate colors on signage
if proposed colors are not compatible with the Village's design objectives
for the area or the established aesthetic of the development.
C.
Monument signs shall be coordinated and complimentary to the overall
building and development through the utilization of similar materials,
architecture and colors.
D.
Landscaping shall be used at the base of signs to complement their
design, obscure support structures, and to enhance overall site appearance.
A.
The developer/owner shall enter into a development agreement with
the Village, which shall include the following:
(1)
The provision for payment of the design and installation of
all utilities including, but not limited to water, stormwater, sanitary
sewer, street infrastructure, and any other related appurtenance.
(2)
Payment of any applicable impact fees determined by the Village.
(3)
The provision for payment of off-site improvements as may be
deemed necessary by the Village which shall be enumerated for purposes
of the agreement.
(4)
A management operational plan to be approved by the Village
including:
(a)
Management standards set forth in detail.
(b)
Maintenance standards set forth in detail.
(c)
Provision of a perpetual maintenance fund.
(d)
Provision of full time on-site manager(s), except as provided
herein.
[1]
Exception: The Village shall have discretion to
waive the on-site manager provision for smaller developments, and
single building development, when there are sufficient other safeguards
in place, and there does not appear to be a conflict with the best
interests of the Village.
(5)
Letter of credit. Prior to issuance of a building permit, the
developer/owner shall provide a letter of credit (LOC) or a certified
check for the purpose of ensuring completion of all site work, landscaping
and other elements of the project visible from public streets according
to Village-approved plans.
(a)
In the event the Village deems a condition of nonconformance
exists, after providing the developer/owner written notice of the
condition of nonconformance, and an opportunity of 30 days to cure
the nonconforming condition(s), it shall be agreeable that the Village
has the authority and discretion to correct the condition(s) of nonconformance
via withdrawal(s) from the LOC for any and all costs associated with
correcting the nonconforming condition(s).
(b)
Where the development will take place over a period of time,
such as in phases, the value of the specific construction phase shall
be used to determine the amount of the LOC for that phase. Subsequent
construction phases shall require subsequent LOCs. Each phase shall
be administered separately from all others; however, if the Village
determines that conditions warrant, an approval for a subsequent phase
of development may be withheld until a previous phase is brought into
compliance.
(c)
Construction phases shall be identified in the developer's agreement.
(d)
The LOC shall originate from a standard form provided by the
Village, executed between the developer and a reputable commercial
lending institution, in which the Village shall be named as the sole
beneficiary.
(e)
The LOC or certified check value shall be equal to 5% of the
overall value of project construction for the first $500,000 of project
construction value, plus an additional 3% of the overall value of
project construction for the value of project construction above $500,000,
or of the assessed project value, whichever is greater.
(f)
The LOC shall inure for a period of up to 24 months.
(g)
These prohibitions and encumbrances shall be implemented through
the developer agreement and by the recording of a Village-approved
deed restriction with the Brown County Register of Deeds prior to
issuance of a building permit for development.
(6)
Where the project will cause off-site public roads, intersections,
or interchanges to function below Level of Service C, as defined by
the Institute of Transportation Engineers, the Village may deny the
application, require a size reduction in the proposed development,
or require that the developer construct and/or pay for required off-site
improvements.
(7)
Compatibility with Village plans. The applicant shall provide,
through a written compatibility report submitted with the petition
for the PDD District, adequate evidence that the proposed building
and overall development project shall be compatible with the Village's
Comprehensive Plan and any detailed neighborhood plan for the area.
The compatibility report shall specifically address the following
items:
(a)
A description of how the proposed development is compatible
with adopted Village Plans, including the Comprehensive Plan and all
of its associated parts, Zoning Map, Official Street Map, Comprehensive
Outdoor Recreation Plan, stormwater management plan, detailed neighborhood
plans, and other plans officially adopted by the Village.