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City of Monroe, WI
Green County
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Table of Contents
Table of Contents
[9-4-2018]
The purpose of this chapter is to indicate the standards and minimum requirements for group and large developments, vehicle access, bicycle and pedestrian access, visibility, off-street parking and traffic circulation, off-street loading, exterior lighting, exterior storage, fencing, and outdoor recreational space within the jurisdiction of this Title 5.
(1) 
Purpose. The purpose of this section is to establish standards that ensure group developments and large developments are properly located and are compatible with the surrounding area and the overall community character of the City of Monroe.
(2) 
Definitions.
(a) 
Group development.
1. 
Any development located on one lot and comprised of any single instance or any combination of the following development types:
a. 
Any multifamily residential building with nine or more residential units.
b. 
Two or more principal structures on the same lot, whether currently serving a single use or more than one use.
c. 
Any addition of principal buildings that increases the total number of principal structures on the same lot to two or more.
2. 
Common examples of group developments include shopping centers, apartment or condominium complexes with nine or more total units, and office centers where there are two or more principal buildings.
(b) 
Large development.
1. 
Any new development containing any single structure or combination of structures on one or more contiguous lots or building sites on which the total combined gross floor area of all new development exceeds 50,000 square feet.
2. 
Common examples of large developments include big-box commercial uses.
(3) 
Exceptions. The following situations are exempt from the requirements of this section.
(a) 
Structures within City parks.
(b) 
Development in the following zoning districts:
1. 
Planned Development District.
2. 
Business Park District.
3. 
Light Industrial District.
4. 
Heavy Industrial District.
5. 
Extraction Zoning District.
(c) 
Nonresidential buildings where it can be demonstrated to the satisfaction of the Zoning Administrator that any principal building can be subsequently subdivided with a lot and yards conforming to the requirements of this Title 5.
(4) 
Review and approval.
(a) 
All group developments and large developments require a conditional use permit, regardless of whether individual use(s) within the development are permitted by right within the applicable district. See § 5-10-28 for conditional use review and approval procedure.
(b) 
Uses permitted in a group development and/or large development include any land use that is either a permitted by right land use or a use allowed by conditional use permit within the applicable zoning district.
(c) 
Land uses permitted by right in the applicable zoning district shall be permitted by right within an approved group and/or large development, subject to the provisions of this section, unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development and/or large development as a whole.
(d) 
Land uses allowed by conditional use permit within the applicable zoning district shall be allowed within the group development and/or large development only with conditional use approval for that land use category. The consideration of the conditional use for the group development and/or large development may occur in conjunction with the review for additional conditional land uses.
(e) 
The detailed land use regulations in Chapter 3 that pertain to each proposed land uses shall also apply within a group development and/or large development, as will all other applicable provisions of this Title 5.
(5) 
Changes to an approved group and/or large development.
(a) 
Following initial issuance of a conditional use permit for the group development and/or large development, all subsequent changes determined to be significant by the Zoning Administrator to site design and building design (including addition of structures, additions to structures, and expansions of parking or storage areas) in the group development and/or large development shall require an amendment to the approved conditional use permit regardless of individual land use(s).
(b) 
Changes to individual land uses within a group development and/or large development listed as permitted by right uses within the applicable zoning district are allowed without amendment to the group development and/or large development conditional use permit, unless said conditional use permit placed restrictions on change of use.
(c) 
Changes to individual land uses within a group development and/or large development listed as conditional uses within the applicable zoning district shall be allowed only by amendment to the conditional use permit, regardless of whether or not said use entails modifications to the building and/or site layout in the group development and/or large development.
(6) 
Standards applicable to group developments and large developments.
(a) 
Land uses and development shall comply with the applicable requirements of this Title 5, including, but not limited to, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space requirements; access, parking, loading requirements; and signage requirements.
(b) 
The applicant shall demonstrate how the proposed development relates to each of the following criteria:
1. 
Complements the design and layout of nearby buildings and developments.
2. 
Enhances, rather than detracts from, the desired character of the surrounding area.
(c) 
Architectural quality. All buildings within the group and/or large development shall be of compatible with one another in terms of architectural quality and design, as determined by the Plan Commission.
(7) 
General layout and future divisibility of group developments.
(a) 
Development located within a group development shall be located so as to comply with the intent of this Title 5 regarding setbacks of structures and buildings from lot lines. Building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will facilitate the subdividing of group developments in the future (if such action is desired).
(8) 
Roadway connections. All nonresidential projects shall have direct access or access through an easement to an arterial or collector level street, or to a local street if no other access is available, as deemed appropriate by the City.
(9) 
Parking. Parking lots and parking structures should not visually dominate the development site and should enhance the City's aesthetic qualities and natural surroundings. Parking facilities should be designed and landscaped with increased emphasis on pedestrianways that provide public connectivity to and through the site. The visual impacts of parking lots shall be mitigated through measures such as landscaping, screening, or situating parking areas away from the front of buildings.
(a) 
Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces by 25% or more shall be allowed according to the regulations of § 5-7-11(7).
(b) 
Bicycle parking shall be provided in accordance with § 5-7-13.
(10) 
Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a minimum of five feet or by a physical barrier visible to drivers and pedestrians.
(11) 
Outdoor storage uses and areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan. Outdoor storage uses and areas shall meet the screening requirements of § 5-7-26.
(12) 
Operations. No delivery, loading, unloading, trash removal or compaction activity shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless sound barriers are provided that effectively reduce noise emissions from such operations to a level of 45 db or lower, as measured at the lot line of any adjoining property.
(13) 
Sidewalks. Sidewalks on site shall:
(a) 
Link the site to existing public sidewalks and pedestrian trails.
(b) 
Be provided along the full length of any structure where it abuts a parking lot and along the full length of any part of the site that abuts a public street.
(c) 
Be located at least six feet from the facade of any building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
(14) 
On-site pedestrian walkways. On-site pedestrian walkways shall:
(a) 
Connect focal points of pedestrian activity such as, but not limited to, public sidewalks, street crossings and building entrances. Where considered appropriate by the Plan Commission to enhance their attractiveness, such walkways shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other suitable landscaping elements.
(b) 
Include weather protection features such as awnings or arcades at all customer entrances.
(c) 
Be distinguished from driving surfaces through the use of durable low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort as well as the attractiveness of the walkways.
(15) 
Landscaping. Landscaping shall meet the standards in Chapter 8.
(16) 
Lighting. On-site exterior lighting shall meet the standards in § 5-7-25.
(17) 
Signage. Signage shall meet the standards in Chapter 9. Exterior signage should provide for modest, coordinated, and complimentary exterior sign locations, configurations, and color throughout the site and should not be visually dominating. All freestanding signage within the development should complement signage affixed to structures within the site. The Plan Commission may require that signs for multiple businesses within the development be integrated and consolidated into one or more sign structures.
(18) 
Additional Rules Applicable to Large Developments [as defined in Subsection (2)(b), above].
(a) 
Size limitation. A large development may exceed 150,000 square feet in size only if the general development plan includes the following written findings:
1. 
That the proposed development exceeding 150,000 square feet in size is reasonably necessary to accomplish the applicant's business plan.
2. 
That the proposed development includes features in its design that mitigate, to the extent reasonably possible, adverse impacts resulting from its size and a summary of the particular design features that will be used to mitigate such adverse impacts.
3. 
That the proposed development can reasonably be expected to produce economic benefits for the City and its citizens which exceed the benefits that can be expected to accrue if the development is less than 150,000 square feet in size.
(b) 
Building placement and site layout. Building placement and orientation shall facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods and must forward community character objectives as described in the City's Comprehensive Plan.
(c) 
Central features and community space. Each large development shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following, each of which shall have direct access to the public sidewalk network, and such features shall be constructed of materials that are not inferior to the principal materials of the building and landscape:
1. 
Patio or seating area.
2. 
Pedestrian plaza with benches.
3. 
Transportation center.
4. 
Window shopping walkway.
5. 
Outdoor playground area.
6. 
Kiosk area, water feature.
7. 
Clock tower.
8. 
Such deliberately shaped area or a focal feature or amenity that, in the judgment of the Plan Commission, adequately enhances such community and public spaces.
(d) 
Compatibility report. The City may require a written compatibility report citing adequate evidence that the proposed building and overall development project shall be compatible with the City's Comprehensive Plan and any detailed neighborhood or special area plan for the area. The Compatibility Report shall specifically address one or more of the following items:
1. 
Compatibility report narrative. The City may require a narrative describing how the proposed development meets the building placement and site layout requirements of Subsection (b), above.
2. 
Traffic impact analysis. The City may require that a traffic impact analysis (TIA) be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. It shall be conducted by a third party agreed upon by both the applicant and City at the applicant's expense. Such traffic impact analysis shall require the following components:
a. 
A demonstration that vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length; design, location, and number of traffic control devices; and sidewalks.
b. 
Where the traffic impact analysis indicates that a project may cause off-site public roads, intersections, or interchanges to function below a level of service C, the City may deny the application, require a size reduction in the proposed development, and/or require the developer to construct and/or pay for required off-site improvements to achieve a level of service C for a planning horizon of a minimum of 10 years assuming full buildout of the site.
c. 
The City has the option to require a trip generation study in lieu of a full traffic impact analysis.
3. 
Transportation demand management. The City may require that a transportation demand management plan (TDM) be completed in accordance with Wisconsin Department of Transportation requirements for content and format.
(e) 
Small area plan. The City may require that a detailed small area plan be submitted and approved by the Plan Commission and Common Council. The detailed small area plan shall be prepared for all areas within 1,320 feet of the subject property (as measured from the outer perimeter of the subject property or group of properties proposed for development), and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood or area. The detailed small area plan shall contain the following specific elements, drawn to scale:
1. 
Demonstration that the proposed small area plan is in harmony with the land use, multimodal transportation, utility, stormwater management, community character provisions of the City's Comprehensive Plan.
2. 
Proposed land use with specific zoning districts and existing land uses, if present.
3. 
Complete transportation network, including pedestrian and bicycle facilities and transit routes and stops, where applicable.
4. 
Conceptual stormwater management facilities.
5. 
Proposed public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities.
6. 
Proposed community character themes, including building materials, landscaping, streetscaping, and signage.
7. 
Transitional treatments such as berms and/or landscaping between areas with differing land uses or character.
(f) 
Economic impact analysis. The City may require an analysis of the economic impact of the proposed large development funded by the applicant and prepared by a qualified professional. At a minimum, the economic impact analysis shall contain:
1. 
A comprehensive list of assumptions used in completing the study. A draft of such assumptions shall be presented to the Planning Commission for review and the Planning Commission may direct that modifications be made to the assumptions and redirect the focus of the study.
2. 
A description of the market area for the proposed large development.
3. 
An evaluation of the potential economic impacts of the proposed large development on the City's business districts.
4. 
The anticipated change in sales tax and property tax revenues within the City resulting from development of the large development. If as a result of the large development it is anticipated that a reduction in sales tax or property tax revenues generated from any other properties or businesses in the City will occur, the anticipated reductions shall be identified and separately analyzed.
5. 
The projected net costs and long-term benefits to the City related to necessary improvements to public services and infrastructure.
(g) 
Municipal services impact. A municipal services impact analysis of the proposed large development funded by the applicant and prepared by a qualified professional that identifies and analyzes each anticipated impact of the development on municipal services, including sanitary sewer, storm sewer, water, fire protection and police protection services.
(h) 
Independent review of impacts. The Plan Commission shall have authority to accept or reject any impact analysis presented by the applicant. If determined necessary by the Plan Commission and authorized by the Common Council, the applicant shall provide adequate funding to the City to hire one or more consultants, selected by the Plan Commission, having appropriate education, training and experience to complete and present any impact study and analysis required by this section or to review the analysis presented by the applicant.
(i) 
Analysis of vacated large-scale retail store. If the applicant knows or has reason to believe that an occupant of the proposed large development will relocate from an existing location in the City, then the applicant shall provide to the Plan Commission an analysis of the anticipated short- and long-term reuses of the existing building that will be vacated. An applicant shall be considered to have reason to believe that an anticipated occupant of the proposed large development will relocate from an existing location if, before recommendation by the Plan Commission, a written or oral commitment to relocate to the development has been made by such anticipated occupant even if there remain one or more unsatisfied contingencies related to such commitment. Approval of the proposed large development may be conditioned on one or more of the following:
1. 
Reuse. Reasonable assurances that a productive use of a vacated site will be made within a reasonable period and that such reuse will continue for an extended period.
2. 
Redevelopment. If a vacated site is not capable of productive reuse, reasonable assurances that such site will be redeveloped within a reasonable period.
(j) 
Reuse of site. The application shall address in detail how the applicant intends to assure reuse of the site in the case that the applicant abandons the development. The Plan Commission may require that the development be designed and developed to include features that enhance the flexibility of the site and structures (such as partitions or multiple entryways) so as to facilitate reuse by multiple tenants if the building or development is abandoned.
(1) 
Purpose. The purpose of this section is to regulate the design and materials used for the exterior of buildings and structures within the City so as to maintain and enhance the attractiveness and values of property in the community. This is further intended to support the creation of a pedestrian-oriented urban environment that emphasizes architectural and urban design principles of human scale and visual interest. Additionally, this chapter is intended to ensure the development of structures that maintain a long-lasting appearance; withstand the effects of time and exposure to the elements; resist damage in areas with high vehicular and pedestrian traffic and in areas where larger equipment that could cause damage is commonly used; that maintain a consistent character of development based on land use and zoning district particular to each development; and that contribute to the long-term economic and social vitality of the City of Monroe.
(2) 
Applicability.
(a) 
New construction. The requirements of this section shall apply to all structures and buildings within the City constructed after the effective date of this Title 5.
(b) 
Additions.
1. 
All additions shall match or be substantially similar to the design and materials of the existing building.
2. 
Additions to buildings constructed after the effective date of this Title 5 shall comply with the standards of this section.
3. 
Buildings constructed prior to the effective date of this Title 5.
a. 
If additions to an existing building(s) constructed prior to the effective date of this Title 5 are less than or equal to 50% of the existing floor area of the building (measured cumulatively from adoption of this Title 5), the standards contained herein shall not apply but shall be regulated per Subsection (2)(b)1, above.
b. 
If additions to an existing building(s) constructed prior to the effective date of this Title 5 are greater than 50% of the existing floor area of the building (measured cumulatively from adoption of this chapter), the standards contained herein shall apply.
(c) 
Alterations. For buildings constructed prior to the effective date of this Title 5, alterations that do not impact the floor area of the building shall comply with the standards of this section or shall match or be substantially similar to the existing building design and materials. Ordinary repairs and maintenance are not considered alterations.
(d) 
Exceptions and appeals.
1. 
Exceptions. Exceptions to the building design standards set forth in this section may be granted by the Zoning Administrator to permit substitute building materials or construction of comparable quality or design when it can be demonstrated that the provisions of this section are infeasible and that the granting of such exception is in keeping with the purpose of this section. Decisions rendered by the Zoning Administrator may be appealed to the Plan Commission.
2. 
Appeals. Any person affected by a decision of the Zoning Administrator may petition for a hearing before the Plan Commission.
3. 
Variances. The Plan Commission is authorized to grant variances from the strict application of the building design standards within this section when it is claimed that the intent of the standards in this section have been incorrectly interpreted, do not apply, or their enforcement causes unnecessary hardship.
a. 
The procedure for the granting of variances by the Plan Commission shall be the same as that required for variances in § 5-10-41, with the exception that the Plan Commission shall serve the role of the Zoning Board of Appeals.
b. 
When taking action, the Plan Commission shall make findings as described in § 5-10-41(6)(a).
(e) 
Design standards by land use. Beyond the rules in this section, additional building design standards apply to the following land uses:
1. 
Single- and two-family uses (§ 5-7-4).
2. 
Multifamily uses (§ 5-7-5).
3. 
Commercial uses and mixed-use buildings (§ 5-7-6).
4. 
Industrial uses (§ 5-7-7).
(f) 
Beyond the rules in this section, additional building design standards may apply to:
1. 
Group and large developments (§ 5-7-2).
2. 
Conditional use permits (§ 5-10-28).
3. 
Planned development districts (§ 5-10-33).
4. 
Historic Preservation Overlay District (§ 5-6-7).
(3) 
Review and approval. Through the building permit and/or site plan review process, the City of Monroe shall be responsible and have authority to hear, review, and act upon all proposed exterior architectural plans for all proposed development.
(4) 
Exterior building materials. The four classes of building materials referenced in this Title 5 have the following meanings:
(a) 
Class I materials include brick; brick veneer; stone; stone veneer; glass (curtain/storefront); stucco; and fiber cement siding.
(b) 
Class II materials include split-face or decorative block; EIFS; wood or wood composite siding; and seamless metal siding.
(c) 
Class III materials include architectural/decorative metal panels; residential aluminum siding; vinyl siding; brick panels; and stone panels.
(d) 
Class IV materials include smooth-face or non-decorative block, concrete panels (tilt-up or precast); asphaltic siding; metal siding with seams; poly-roofing siding; nondecorative metal panels; corrugated metal; nondecorative wood (plywood, chipboard, etc.)
(1) 
Purpose. The purpose of this section is to maintain the basic architectural quality of residences within the community, to minimize architectural and building construction practices that may detract from the character and appearance of the neighborhood as a whole, and to ensure compatible design between existing and new homes. These standards apply to all single- and two-family structures within the City of Monroe, with the exception of mobile homes defined in § 5-3-6(8).
(2) 
Existing buildings: windows and doors.
(a) 
Existing window openings on the front facade including gables or the first 20 feet of the side facade (extending from the front facade plane) shall be maintained and not be closed or filled (totally or partially), except as provided for in Subsection (2)(a)3, below.
1. 
If standard-sized replacement windows cannot fit into an existing window opening, a ten-percent variation in the height-to-width proportion for replacement windows is permitted.
2. 
Window relocation is permitted on a side facade if the replacement window is located within the first 20 feet of the side facade (extending from the front facade plane) and is identical or similar to the existing window in terms of size and style.
3. 
Existing windows on side facades may be closed or filled if such windows are located in rooms or areas of the home not typically expected to contain windows such as bathrooms, closets, mechanical rooms, and stairwells.
(b) 
No existing window or door openings on any facade or gable end shall be boarded up. Temporary closure shall be permitted for a period not exceeding 30 days.
(c) 
Existing door openings on the front facade or the first 20 feet of the side facades shall not be closed or filled. Temporary closure shall be permitted for a period not exceeding 30 days.
1. 
Door openings may be relocated but shall remain on the same facade or another facade fronting a public street.
(3) 
Existing buildings: porches, balconies, decks, and patios.
(a) 
Porches may be constructed on any facade of a structure.
1. 
A minimum of 25% of the porch area shall be open or contain translucent window and door openings so that no more than 75% of the porch area is enclosed by solid walls.
(b) 
Balconies and patios shall be constructed only on a building's rear or interior side facades, with the following exceptions:
1. 
Lots with public alley frontage and double-fronted-through-lots shall be exempt from this requirement.
2. 
Balconies and patios are permitted on a secondary street frontage of a corner lot if the patio faces a park or other neighborhood amenity.
(c) 
Porches, decks, and patios and shall be constructed in cedar, cypress, redwood, or appropriate composite materials such as wood sawdust or mineral composite/high-density polyurethane plastic (HDPE), plastic, and pressure-treated lumber. Porches, decks, and patios may be constructed in decorative metal, wrought iron, metal cable, or glass, if in keeping with the architectural style of the building, as determined by the Zoning Administrator.
(d) 
Porches, decks, and patios that can be viewed from a public street shall include elements such columns, posts, railings, and spindles/balusters.
1. 
Elements constructed in pressure-treated lumber shall be painted or stained after a curing period of no greater than 18 months.
2. 
Spindles or balusters shall not be secured to the outside face of the deck or other supports, including, but not limited to, rails, rim joists, beams, or columns.
a. 
Fasteners that connect vertical components (spindles, balusters, posts, etc.) to horizontal components (top or bottom rails) shall be concealed so that they are not visible from the public right-of-way.
(e) 
In order to conceal the exposed edge of the deck, decks that can be viewed from a public street shall incorporate landscaping, lattice, or a wooden board (or other flat piece of material) against the front of the deck platform that covers the edges of the deck floorboards.
(f) 
Patios shall be constructed using brick, brick or stone pavers, or concrete.
1. 
Water-permeable pavers are permitted.
2. 
Landscape treatments and berms may be used to elevate a patio to meet rear or side entrance grades.
(4) 
Existing buildings: changes and additions.
(a) 
Changes to existing buildings. For the purposes of this section, a change to an existing principal structure is considered any alteration or demolition to the materials, wall plane, and/or architectural features of any front or side facade.
(b) 
Exterior materials. The exterior materials used for new additions and changes shall be the same materials or combination of materials as used on the original building.
1. 
New additions and changes may be constructed using alternative exterior materials if said materials are complementary to the existing materials and tie the addition/change and the original house together. Some material contrast is permitted, but the difference between new and original materials shall be subtle. For example, if the original house is sided with wood clapboard, then fiber cement or vinyl siding of a similar size and width would be suitable for an addition.
2. 
The color(s) of materials used for new additions and changes shall match or be complementary to the color(s) of the original structure.
3. 
Exterior patchwork, repair, or reconstruction that results in a multitextured or multicolored effect or an appearance not consistent with the overall design character of the original structure is not permitted.
4. 
Standing seam metal roofs shall be coated.
(c) 
Orientation. Additions to a principal structure and other changes that extend the building's footprint shall be placed on a rear facade, or side facade if rear is not practical, in order to have a minimal impact on the overall scale and character of the original house.
1. 
New additions may be built with or without a setback from the front wall plane of the original house.
2. 
An addition that extends beyond the front wall plane (or the street side wall plane on a corner lot) of the original house is permitted, provided there is a lack of sufficient space in the house's rear or interior side yard, and provided the addition's overall design matches or complements the original home's design.
(d) 
Height and footprint.
1. 
Additions and changes that increase the building's height shall not be taller than the principal structure's dominant or highest roof ridgeline and shall not overpower the principal structure's overall scale and massing, except as provided below.
a. 
An exception to the height standard can be made if the addition conforms and is compatible with the principal structure's overall architectural style and roof shapes and becomes an integral part of the structure's overall building form and design.
2. 
The footprint of an addition shall not be more than 50% of the principal structure's existing footprint.
(e) 
Facades.
1. 
Changes and additions that create blank walls on any front or side facade are not permitted.
2. 
A front facade must have a minimum of 25% of its wall space devoted to window or door openings.
3. 
A street side or first 20 feet of the side facade (extending from the front facade plane) must have a minimum of 15% of its wall space devoted to window or door openings.
a. 
This design standard shall not apply if said wall area is part of an attached garage.
(5) 
New construction: principal structures on infill sites.
(a) 
Setbacks. Front yard setbacks for new principal structures shall be consistent and align with the prevailing building setbacks found along the block and surrounding neighborhood, as follows:
1. 
The front yard setback of a new principal structure on an infill site shall be determined by the existing front yard setbacks of the principal buildings on the two properties abutting the subject property's side yards. The front yard setback shall be no greater than the largest setback of said abutting properties and shall be no less than the smallest setback of said abutting properties.
a. 
If either or both said abutting properties are vacant, the minimum front yard setback of the zoning district of the subject property shall be used.
b. 
If a new residential building is being constructed adjacent to an existing nonresidential use, the front yard setback of the new residential building shall be no greater than the setback of the abutting residential property, or no less than the minimum front yard setback of the zoning district of the subject property, whichever is less.
c. 
If a new residential building is being constructed between two existing nonresidential uses, the minimum front yard setback of the zoning district of the subject property shall be used.
(b) 
Exterior materials.
1. 
The exterior materials used on the front and side facades shall be visually compatible with those used on other buildings on the block and in the surrounding neighborhood.
2. 
Modern materials may be used provided they are suitable to the style and overall design of the principal structure.
3. 
Exterior patchwork or reconstruction that results in a multitextured or multicolored effect or an appearance not consistent with the overall design character of the structure is not permitted.
4. 
Standing seam metal roofs shall be coated.
(c) 
Orientation.
1. 
A new principal structure, front facade, and primary entrance shall be oriented to the primary street.
2. 
On corner lots, the principal structure may be oriented to the side street provided it meets the requirements for facades under Subsection (f), below.
3. 
Front entrances shall be identified by a stoop, entrance platform (with or without stairs), or porch. Full front and wraparound porches that incorporate the front entrance are also permitted.
(d) 
Height. The height of a new principal structure shall be compatible with those of surrounding buildings.
1. 
The height of a new principal structure shall not exceed the height of the tallest single-family or two-family dwelling immediately adjacent to the subject property by more than one story.
(e) 
Porches, decks and patios. Porches, decks, and patios for new construction on infill sites shall meet the regulations for existing buildings in Subsection (3), above.
(f) 
Facades. Designs that result in blank walls on any front or side facade are not permitted and shall meet the regulations for existing buildings as outlined in Subsection (4)(f), above.
1. 
The requirement that the minimum first 20 feet of the side facade (extending from the front facade plane) to have a minimum of 15% of its wall space devoted to window or door openings shall not apply if said wall area is part of an attached garage.
(6) 
New construction: principal structures in new neighborhoods (non-infill sites).
(a) 
Exterior materials.
1. 
New single-family and two-family dwelling units shall be clad in Class I, Class II, or Class III materials.
2. 
Class IV materials are prohibited.
3. 
Standing seam metal roofs shall be coated.
(b) 
Orientation.
1. 
A new principal structure's front facade and primary entrance shall be oriented to the primary street.
2. 
On corner lots, the principal structure may be oriented to the side street provided it meets the requirements for facades under Subsection (d), below.
3. 
Front entrances shall be identified by a stoop, entrance platform (with or without stairs), or porch. Full front and wraparound porches that incorporate the front entrance are also permitted.
(c) 
Porches, decks and patios. Porches, decks, and patios shall meet the regulations for existing buildings in Subsection (3), above.
(d) 
Facades. Designs that result in blank walls on any front or side facade, are not permitted and shall meet the regulations for existing buildings as outlined in Subsection (4)(f), above.
1. 
The requirement that the minimum first 20 feet of the side facade (extending from the front facade plane) to have a minimum of 15% of its wall space devoted to window or door openings shall not apply if said wall area is part of an attached garage.
These standards apply to all multifamily buildings and structures constructed after the effective date of chapter. These standards also apply to apartments with limited commercial land uses.
(1) 
Exterior materials. Multifamily buildings shall be clad in Class I, II or III materials. Class IV materials are prohibited.
(a) 
Materials of comparable quality may be substituted for any class of material or be used as a decorative element if the material can be removed or replaced with a permitted exterior material, as determined by the Zoning Administrator.
(b) 
Standing seam metal roofs shall be coated.
(2) 
Building entrance.
(a) 
The primary entrance shall be on the front facade facing the street.
(b) 
The primary entrance shall be covered a minimum of three feet from the door. Recessed entries shall be deemed to meet this requirement.
(c) 
Exterior entry doors for individual units shall be residential in style and shall include frame and panel (real or decorative).
(d) 
Exterior entry doors for multiple units may be residential (as described above) or commercial in style (glass).
(3) 
Facade articulation.
(a) 
Facade lengths shall not be greater than 40 feet without articulation such as:
1. 
Recesses or projections that step back or project a portion of the main facade plane.
2. 
Recesses or projections of upper floors from the ground floor facade plane.
3. 
Vertical division using different textures or materials.
4. 
Division of the facade into individual units through the use of windows, entrances, arcades, porches, decks, balconies, lighting, etc.
5. 
Roof form variation such as the inclusion of dormers, change in roof lines, or change in roof type.
(b) 
On facades facing the street, windows and/or doors shall be required in order to promote a visual connection to the street.
1. 
The total area of windows and doors, including trim, shall comprise a minimum of 20% of the total facade area, excluding gables.
(4) 
Wall details, trim, and windows.
(a) 
Exterior windows shall be appropriate to the architectural character of the building.
(b) 
All facade openings shall be articulated or appropriately trimmed through the use of materials such as lintels, sills, surrounds, shutters, etc.
(c) 
Natural wood shall be painted or stained unless it is cedar, redwood or other naturally weather-resistant species intended to be exposed.
(d) 
Pressure-treated lumber shall be painted or stained after a curing period of no greater than 18 months.
(5) 
Patios, decks, and balconies.
(a) 
Ground-level patios and decks facing the street shall be bordered with landscape treatments. Covered porches are exempt from this requirement.
(b) 
Exterior stairs leading to a deck or balcony are not permitted on the front or street side of a building. On corner lots, exterior stairs shall be permitted on the interior side facade.
(c) 
Exterior corridors shall be covered by the building roof, shall be located within the footprint of the building foundation, and shall not be visible from the street.
(d) 
Upper-story decks and balconies shall be cantilevered, supported by vertical columns, or supported from above.
(6) 
Mechanical and exterior building systems.
(a) 
Drainage pipes on exterior walls shall match or be complementary to the color of the roof and wall onto which they are mounted.
(b) 
Air intakes and exhaust vents for high-energy gas appliances and meters shall not be permitted on any facade that faces a public street, unless they are screened or match the color of the facade on which they are located.
(c) 
Building-mounted equipment.
1. 
Window-mounted air conditioning units shall not be permitted in any window that faces a public street.
a. 
When no alternative is available, units shall be masked (painted, encased, etc.) in order to blend into the building's exterior finish and shall be flush-mounted so as not to project beyond the main plane of the facade more than necessary.
2. 
Building-mounted equipment installed on the facade visible from an adjacent public right-of-way or residential district must be disguised with screening that is:
a. 
Architecturally compatible with the primary structure to which the equipment is attached. Screening materials shall be identical to or substantially similar to the materials used on the building facade to which the equipment is attached.
b. 
Incorporated as part of the building wall and/or flush-mounted so as not to project beyond the main plane of the facade.
c. 
Consistent with the color of the structure to which the equipment is attached.
(d) 
Roof-mounted equipment. Roof-mounted equipment shall be screened, preferably by parapet walls. Other acceptable screen types shall be:
1. 
Architecturally compatible with the primary structure to which the equipment is attached. Screening materials shall be identical to or substantially similar to the materials used on the building facade to which the equipment is attached.
2. 
Consistent with the color of the structure to which the equipment is attached.
3. 
Designed to be an integral part of the building's architectural design and give the impression that it is something other than a mechanical screen.
(e) 
See § 5-7-26(6) for screening requirements for ground-mounted mechanical systems.
(7) 
Wall- or roof-mounted lighting.
(a) 
Full cutoff light fixtures are required.
(b) 
The design, color, height, location, and light quality of all on-building light fixtures shall be consistent throughout the entire site, unless the building is divided into individual components; in such case, all on-building light fixtures shall be consistent within each individual component.
(c) 
All entrances shall be lit after sunset. The minimum illumination at each entrance shall be 1.0 footcandles.
These standards apply to all commercial and structures constructed after the effective date of chapter. These standards also apply to mixed-use buildings and live/work units.
(1) 
Orientation.
(a) 
Buildings are encouraged to be oriented so that the front facade faces the road with the highest traffic volumes.
(b) 
Facades facing the road with the highest traffic volumes shall be designed to have the appearance of a front facade and shall include windows, doors and/or other architectural components typically associated with front facades, as approved by the Zoning Administrator.
(c) 
Service or loading areas shall not be permitted between the building and the public street.
(d) 
Drive-through windows shall not be located between the building and the public street.
(2) 
Facade articulation.
(a) 
Facade lengths shall not be greater than 70 feet without articulation such as:
1. 
Division of the facade into individual components (i.e., storefronts, distinct uses) through the use of architectural elements such as porches, balconies, windows, covered entrances, arcades, awnings, marquees, lighting, signage, etc.
2. 
Recesses or projections that step back or project a portion of the main facade plane.
3. 
Recesses or projections of upper floors from the ground floor facade plane.
4. 
Vertical division using different textures or materials.
5. 
Roof form variation such as the inclusion of dormers, change in roof lines, or change in roof type.
(b) 
Buildings shall be designed to provide interest and variety. Flat, unadorned walls shall be avoided. Each facade of a building shall include at least one design element to break up the flatness of blank walls and shall at a minimum include varied materials or colors, change in texture, expressed joints and details, or surface relief.
1. 
Additional elements used to break up the facade may include balconies, lintels, sills, headers, belt courses, reveals, pilasters, windows, chimneys, and other ornamental features as deemed appropriate by the Zoning Administrator.
(3) 
Exterior materials. Commercial buildings shall be predominately clad in Class I materials. Class II and Class III materials may be used as accents and trim not to exceed 50% of the total building facade. Class IV materials are prohibited.
(a) 
Rear building elevations not facing a public street or public parking lot shall be exempt from this requirement.
(b) 
Materials of comparable quality may be substituted for any class of material or be used as a decorative element if the material can be removed or replaced with a permitted exterior material, as determined by the Zoning Administrator.
(4) 
Building entrance.
(a) 
The main entrance shall be clearly defined and accentuated through the use of detailing, distinctive materials, and/or colors, projections or recesses, porticos, covered entrances, stoops, or other features as deemed appropriate by the Zoning Administrator.
(5) 
Mechanical and exterior building systems.
(a) 
Drainage pipes on exterior walls shall match or be complementary to the color of the roof and wall onto which they are mounted.
(b) 
Air intakes and exhaust vents for high-energy gas appliances and meters shall not be permitted on any facade that faces a public street.
(c) 
Building-mounted equipment.
1. 
Window-mounted air conditioning units shall not be permitted in any window that faces a public street.
a. 
When no alternative is available, units shall be masked (painted, encased, etc.) in order to blend into the building's exterior finish and shall be flush-mounted so as not to project beyond the main plane of the facade.
2. 
Building-mounted equipment installed on the facade visible from an adjacent public right-of-way or residential district must be disguised with screening that is:
a. 
Architecturally compatible with the primary structure to which the equipment is attached. Screening materials shall be identical to or substantially similar to the materials used on the building facade to which the equipment is attached.
b. 
Incorporated as part of the building wall and/or flush-mounted so as not to project beyond the main plane of the facade.
c. 
Consistent with the color of the structure to which the equipment is attached.
(d) 
Roof-mounted equipment. Roof-mounted equipment shall be screened, preferably by parapet walls.
1. 
Screening shall be architecturally compatible with the primary structure to which the equipment is attached. Screening materials shall be identical to or substantially similar to the materials used on the building facade to which the equipment is attached.
2. 
Equipment shall be consistent with the color of the structure to which the equipment is attached.
3. 
Screening shall be designed to be an integral part of the building's architectural design and give the impression that it is something other than a mechanical screen.
(e) 
See § 5-7-26(6) for screening requirements for ground-mounted mechanical systems.
(6) 
Wall- or roof-mounted lighting.
(a) 
Full cutoff light fixtures are required at each entrance.
(b) 
The design, color, height, location, and light quality of all on-building light fixtures shall be consistent throughout the entire site, unless the building is divided into individual components; in such case, all on-building light fixtures shall be consistent within each individual component.
(c) 
All entrances shall be lit after sunset during business hours. The minimum illumination at each entrance shall be 1.0 footcandles.
(1) 
Architectural design.
(a) 
Buildings shall be designed to provide interest and variety. Flat, unadorned walls shall be avoided.
(b) 
Buildings shall be oriented so as to face the road with the highest traffic volumes. This requirement shall not apply to buildings with frontage on state or federal highways, unless there is direct access from the development to the highway.
1. 
If a visitor, office, and/or customer entrance component is included in the building, such space(s) shall be clearly defined and accentuated through the use of detailing, windows, distinctive materials and/or colors, projections or recesses, or other architectural features as deemed appropriate by the Zoning Administrator.
(2) 
Exterior materials. Industrial buildings shall be clad in Class I, II or III materials. Certain Class IV materials are also acceptable as described below.
(a) 
For all facades facing a public street, a minimum of 15% of the facade shall be composed of Class I building materials.
1. 
This requirement may be reduced to 10% of the facade, provided that other elements are incorporated into the building and site design, such as facade articulation, increased landscaping, or other improvements approved by the Zoning Administrator.
(b) 
Smooth-faced/nondecorative block may be used if enhanced on all elevations with Class I or II materials in combination with decorative fascia, overhangs, trim, lintels, sills, headers, belt courses, reveals, pilasters, windows, or other architectural features as deemed appropriate by the Zoning Administrator. In such cases, Class I or II materials shall amount to at least 15% of each facade.
(c) 
Concrete panels (tilt-up/precast) may be used if they are part of a palette of permitted materials or if they incorporate horizontal and vertical articulation including, but not limited to, changes in color or texture.
(d) 
Nondecorative metal panels may be used if enhanced on all elevations with Class I or II materials in combination with decorative fascia, overhangs, trim, lintels, sills, headers, belt courses, reveals, pilasters, windows, chimney, or other architectural features as deemed appropriate by the Zoning Administrator. In such cases, Class I or II materials shall amount at least 15% of each facade.
1. 
In the RH-35, LI, and HI Zoning Districts, visible exterior fasteners shall be the same color as the attached wall for any principal or accessory building visible from a public street.
2. 
In all other zoning districts, exterior wall fasteners shall be fully concealed from view.
(e) 
Materials of comparable quality may be substituted for any class of material or be used as a decorative element if the material can be removed or replaced with a permitted exterior material, as determined by the Zoning Administrator.
(3) 
Mechanical and exterior building systems.
(a) 
Applicability. See § 5-7-26(6) to determine whether screening is required.
(b) 
Drainage pipes on exterior walls shall match or be complementary to the color of the roof and wall onto which they are mounted.
(c) 
Building-mounted equipment.
1. 
Building-mounted equipment installed on the facade visible from an adjacent public right-of-way or residential district must be disguised or screened in one of the following ways:
a. 
Architecturally compatible with the primary structure to which the equipment is attached. Screening materials shall be identical to or substantially similar to the materials used on the building facade to which the equipment is attached.
b. 
Incorporated as part of the building wall and/or flush-mounted so as not to project beyond the main plane of the facade.
c. 
Consistent with the color of the structure to which the equipment is attached.
(d) 
Roof-mounted equipment. Roof-mounted equipment visible from an adjacent public right-of-way or residential district shall be screened, preferably by parapet walls. Other acceptable screen types shall be:
1. 
Architecturally compatible with the primary structure to which the equipment is attached. Screening materials shall be identical to or substantially similar to the materials used on the building facade to which the equipment is attached.
2. 
Consistent with the color of the structure to which the equipment is attached.
3. 
Designed to be an integral part of the building's architectural design and give the impression that it is something other than a mechanical screen.
(1) 
Purpose. This district is intended to implement the urban design recommendations of the Comprehensive Plan by preserving and enhancing the historical quality of the downtown and by attaining a consistent visually pleasing image for the downtown area, as defined by the mapped boundaries of the Historic Preservation Overlay District.
(2) 
Applicability. The regulations of this section shall apply to new development and changes to the exterior of any building within the mapped boundaries of the Historic Preservation Overlay District.
(3) 
Review and approval.
(a) 
There are three categories of review in this district:
1. 
Renovation review:
a. 
Repair or maintenance of the exterior appearance of a property such as repainting re-roofing, residing or replacing with identical colors, finishes, and materials;
b. 
Any change in fencing, paving, or signage; and
c. 
Painting with new colors from the preapproved color palette for the Historic Preservation Overlay District.
2. 
Design alteration review. Change only in the exterior appearance of any building such as roofing, siding, architectural component substitution, or painting with a new color that is not on the preapproved color palette for the Historic Preservation Overlay District.
3. 
Project review. Modification to the physical configuration of a property such as the erection of a new building, the demolition of an existing building, or the addition or removal of bulk to an existing building.
(b) 
Plan Commission review and approval may be required. The three categories and procedural requirements for review and approval are described fully in § 5-10-32.
(c) 
Design standards for changes meeting the criteria for renovation review are found in § 5-7-8(5), below. Design standards for changes meeting the criteria for design alteration review or project review are found in § 5-7-8(6), below.
(d) 
Designated historic structures. These regulations are separate and in addition to requirements that may exist related to changes to local, state, and national landmarks and properties. Prior to taking action, the Plan Commission shall consult with the Historic Preservation Commission for all properties designated as historic, contributing to a historic district, or considered by a study or survey to be eligible for listing on a local, state, or national register.
(4) 
Design theme. The design theme for the Historic Preservation Overlay District is based on its historical, pedestrian-oriented development pattern that incorporates retail, residential, and institutional uses. Building orientation and character includes minimum setbacks at the edge of the sidewalk, multistory structures, use of alleys for access, and on-street or other off-site parking. The design theme is characterized by a variety of architectural styles popular at the time, including Italianate, Romanesque, and Neoclassical, in a two- or three-story format with office, storage, or residential located over commercial. The facades of these buildings have a traditional Main Street storefront appearance, are relatively small in scale, have street yard and side yard setbacks of zero feet, have prominent horizontal and vertical patterns formed by regularly spaced window and door openings, detailed cornice designs, rich detailing in masonry coursing, window detailing and ornamentation, and are predominately brick, stone, or wood. Exterior building materials are of high quality. Exterior appurtenances are minimal. Exterior colors are harmonious, simple, and muted. Exterior signage blends, rather than contrasts, with buildings in terms of coloring (complementary to building), location (on-building), size (small), and number (few).
(5) 
Design standards for project review (new construction, building additions, and building alterations).
(a) 
The design standards contained in this subsection shall apply to all changes meeting the criteria for project review (including all new buildings, building additions, and new building appurtenances). Such activities shall correspond to the following:
1. 
Urban design guidelines as determined by the Historic Preservation Commission and as evidenced by certain existing structures within the downtown.
2. 
The following requirements for building setback; height; building mass; horizontal rhythms (created by the placement and design of facade openings and related elements such as piers, columns); vertical rhythms (created by the placement and design of facade details such as sills, transoms, cornices and sign bands); roof forms; exterior materials; exterior surface features and appurtenances; exterior colors; exterior signage; on-site landscaping; exterior lighting; parking and loading area design; and the use of screening.
Figure 5-7-8a: Architectural Components
(b) 
Building setback. Throughout the district, the setback of buildings from street yard and side yard property lines shall be compatible with existing buildings in the immediate area which conform to the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
(c) 
Building height.
1. 
Throughout the district, the height of buildings shall be compatible with existing buildings in the immediate area which conform to the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
2. 
Buildings shall not be more than two stories taller than the height of a building of similar use on one of the immediately adjoining properties. See Figure 5-7-8b. Taller building heights may be approved by conditional use permit.
Figure 5-7-8b: Building Height Example
(d) 
Building mass.
1. 
Throughout the district, the mass of buildings shall be compatible with existing buildings in the immediate area which conform to the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
2. 
The characteristic proportion (relationship between facade height and width) of the design theme shall be maintained.
3. 
Building mass for large structures (with a facade area exceeding 5,000 square feet) shall be disguised through the use of facade articulations, or through the use of exterior treatments which give the impression of directly adjoining individual buildings, as determined by the Historic Preservation Commission.
(e) 
Horizontal rhythms. The horizontal pattern of exterior building elements formed by patterns of building openings for windows and doors and related elements such as piers and columns shall be spaced at regular intervals across all visible facades of the building and shall be compatible with those of existing buildings in the immediate area which conform to the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
(f) 
Vertical rhythms. The floor heights on main facades shall appear visually in proportion to those of adjoining buildings. The rhythm of the ground floor shall harmonize with the rhythm of upper floors. The vertical pattern of exterior building elements formed by patterns of building openings for windows and doors, and related elements such as sills, headers, transoms, cornices and sign bands shall be compatible in design and elevation with those of existing buildings in the immediate area which conform to the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
(g) 
Roof forms. Flat or gently sloping roofs which are not visible from the street shall be used. Mansards or other exotic roof shapes not characteristic of the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission, shall not be used. See Figure 5-7-8c.
Figure 5-7-8c: Roof Forms
(h) 
Exterior materials. Selected building materials shall be compatible with those of existing buildings in the immediate area which conform to the design theme described in Subsection (4) above, a determined by the Historic Preservation Commission.
1. 
Masonry. Stone or brick facing shall be of even coloration and consistent size. Cinderblock, concrete block, concrete slab, or concrete panel shall not be permitted.
2. 
Siding.
a. 
Wood, thin board texture vinyl, fiber cement or textured metal clapboard siding may be appropriate, particularly if the proposed nonmasonry exterior was used on a building which conforms to the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
b. 
In certain instances, clapboard, board and batten may be in keeping with the design theme.
c. 
Class IV materials are prohibited.
3. 
Glazing. Clear, or slightly tinted glass or related glazing material shall be used. Mirrored glass, smoked glass, or heavily tinted glass shall not be permitted, unless needed in a special situation as determined by the Historic Preservation Commission.
(i) 
Exterior surface. Exterior surface appurtenances shall be compatible with those of existing buildings in the immediate area which conform to the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
1. 
The traditional storefront design theme (characterized by strong horizontal and vertical rhythms formed by building openings, windows, and transom windows) shall be employed for all new nonresidential buildings. Ground floors consisting entirely of residential or office uses shall be exempt from this requirement.
2. 
Throughout the district, avoid cluttering building facades with brackets, wiring, meter boxes, antennae, gutters, downspouts and other appurtenances. Unnecessary signs shall also be avoided. Where necessary, such features shall be colored so as to blend in, rather than contrast, with the immediately adjacent building exterior. Extraneous ornamentation which is inconsistent with the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission, is also prohibited.
(j) 
Awnings and marquees. Awning and marquee size, color and placement shall complement the architectural character of the building, as determined by the Historic Preservation Commission.
1. 
Soft, weather-treated canvas or vinyl materials which allow for flexible or fixed installation shall be used for awnings.
2. 
Aluminum or suspended metal canopies shall be prohibited.
3. 
Signage applied to awnings shall be simple and durable.
4. 
Backlit awnings are prohibited.
(k) 
Exterior lighting. On-building exterior lighting shall be compatible and harmonious with the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
1. 
On-building lighting. The design, color, height, location, and light quality of all on-building light fixtures shall be consistent for all light fixtures.
2. 
Ground-mounted lighting. The design, color, height, location and light quality of ground-mounted lighting shall be consistent with the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
(l) 
Signage. Signage shall comply with Subsection (7) below.
(m) 
Cleaning. Structural components and exterior materials shall be cleaned when necessary, and with only the gentlest possible methods.
1. 
Low-pressure water, steam cleaning, and soft natural bristle brushes are permitted.
2. 
Sandblasting and power washing (more than 400 psi) are prohibited.
3. 
Other methods shall be preapproved by the Historic Preservation Commission.
(6) 
Design standards for design alteration review and renovation review (changes to the exterior appearance of a property).
(a) 
Applicability. The design standards contained in this subsection shall apply for the following changes to the exterior of a property:
1. 
All changes meeting the criteria for design alteration review (including painting, roofing, siding, and architectural component substitution).
2. 
All changes meeting the criteria for renovation review (including repainting, reroofing, residing, or replacing with identical colors, finishes, and materials; changes in fencing, paving, or signage; painting using preapproved colors).
3. 
Any other instance in which existing construction is proposed for rehabilitation and/or restoration. (New projects, building additions, and new appurtenances and features shall comply with the applicable design standards in §§ 5-7-3 through 5-7-7.).
(b) 
In general. Buildings shall be restored relying on physical evidence (such as photographs, original drawings, and existing architectural details) as much as possible, in keeping with the design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
(c) 
Exterior materials and surface features. Materials and features identical to the original exterior materials and surface features shall be used. For the purposes of this section, materials shall be considered to be "identical" if they appear to be same as the original to an ordinary observer. If replacement with identical materials and features is not possible, other features and materials may be used, provided they are compatible with the design and style of the building, as determined by the Historic Preservation Commission.
1. 
Where such knowledge is lacking, materials and features in common use at the time of building erection shall be used.
2. 
Significant architectural features, including cornices, moldings and coursings, shall be preserved or replaced with identical features and materials where possible.
(d) 
Windows and doors. The size, proportion, and rhythm of original windows and doors shall not be altered.
1. 
Original window and door openings shall not be blocked. Where now blocked, blocked window and door openings shall be restored where possible.
2. 
Window and door features, including lintels, sills, architraves, shutters, pediments, hoods and hardware, shall be preserved where possible.
a. 
If preservation is not possible, as determined by the Historic Preservation Commission, window and door features shall be replaced with identical features and materials. If replacement with identical features and materials is not possible, other features and materials may be used, provided they are compatible with the design and style of the building, as determined by the Historic Preservation Commission.
b. 
Dark frames (i.e., anodized bronze) shall be used to replace storefront and upper story windows.
c. 
Clear aluminum finishes and mill finish aluminum storm windows are prohibited.
d. 
If shutters are proposed, real, functional shutters or shutters that are the same dimensions as real, functional shutters (as opposed to purely decorative shutters) shall be used.
(e) 
Storefronts. Storefronts shall fit inside the original shop front in terms of all three dimensions (vertical, horizontal and front-to-back articulation).
1. 
Display windows shall be restored to their original appearance.
2. 
The configuration of display windows shall be substantially similar to the original configuration. This provision shall be construed to prohibit garage doors and bay windows when they were not part of the original building design.
(f) 
Entrances, porticos, and porches. Original porches, and steps shall be retained, except as required to meet accessibility standards. Porches, porticos, steps, and related enclosures which do not comply with the architectural design theme, as determined by the Historic Preservation Commission, shall be removed.
(g) 
Roofs. The original roof shape and character of visible materials shall be retained. Original architectural features which give the roof its essential character, including dormer windows, cupolas, cornices, brackets, chimneys and weathervanes, shall be preserved if in keeping with the architectural design theme described in Subsection (4) above, as determined by the Historic Preservation Commission.
(h) 
Signage. Signage shall comply with Subsection (7) below.
(7) 
Signage. All signage existing upon the adoption date of this Title 5 which does not comply with the standards of Chapter 9, Signage, may be continued as long as it is well maintained.
(a) 
The maintenance of such legal nonconforming signs shall be limited to repair of the sign structural or lighting elements, and to the repainting or replacement of the sign face with identical new material, and original appearance. For the purposes of this section, materials shall be considered to be "identical" if they appear to be same as the original to an ordinary observer.
(b) 
Should a change in material or original appearance be desired, the legal nonconforming sign shall be removed.
(c) 
Sign design guidelines.
1. 
Sign size, color and placement shall complement the architectural character of the building, as determined by the Historic Preservation Commission.
2. 
Where feasible, signs should be of material that was, or could have been, used at the time the building was erected. Substitute materials with the same appearance may be appropriate.
3. 
Fluorescent, neon, or other bright colors should be avoided. Historic colors and earth tones are recommended. Refer to the preapproved color palette described in Subsection (8) below.
4. 
Three-dimensional signs should be of a style used at the time the building was erected and should pertain to the type of business conducted within.
5. 
External illuminated signs should be illuminated by fixtures compatible with the period in which the building was erected.
6. 
Any original sign that was used at any time on a building prior to the year 1900, or an authentic facsimile thereof, may be replaced on that building.
7. 
Wall signs in the Historic Preservation Overlay District may be located either on the front of the building abutting a street or on either sidewall perpendicular to the street frontage or alley.
(8) 
Preapproved historical color palette. The color palette list, maintained by the Zoning Administrator, identifies exterior paint/finish colors that are preapproved for buildings in the Historic Preservation Overlay District. Other colors may also be permissible with approval by Historic Preservation Commission. The Zoning Administrator shall maintain a color chip chart or display illustrating the range of preapproved colors. Sherwin-Williams standard paint numbers are used on the color palette list for reference, but any manufacturer's paint is acceptable if similar in color, as determined by the Zoning Administrator. This list reflects the community's desire to encourage colors that complement the architectural character of the building and which could have been used at the time the building was erected.
(1) 
Purpose. The purpose of this section is to promote the safety and general welfare of the public by establishing minimum requirements for the provision of driveways and other points of access to public rights-of-way for various sites and uses.
(2) 
Applicability. The requirements of this section shall apply to each driveway and access point onto a public street or right-of-way in all new developments.
(3) 
Review and approval. Through the site plan review process (see § 5-10-31), the Zoning Administrator shall review and approve all proposed driveways and other access points on the subject property.
(4) 
Access limitation by use. Single-family and two-family dwelling units shall not have driveways or other access points onto a collector or arterial street that is not primarily residential unless such street has the only available frontage. Nonresidential and multifamily uses shall not have driveways or other access points onto a residential local street unless such street has the only available frontage.
(5) 
Number of access points.
(a) 
Each lot shall have no more than two access points on any street frontage adjacent to any lot. Access points shall require approval by the Director of Public Works.
(b) 
No lot shall be permitted more than one access point on any one street if the lot's street frontage is less than 100 linear feet, as measured along the right-of-way line.
(c) 
On arterial streets and in areas 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.
(d) 
For residential buildings, two access points serving the same street frontage may be approved as a conditional use.
(6) 
Access near street intersections. No access point shall be closer than 30 feet from any lot line corner on a right-of-way of 60 feet or less. For a right-of-way greater than 60 feet, said distance shall be increased one foot for every one-foot increase in the right-of-way width up to a maximum distance of 50 feet. This distance may be reduced by the Zoning Administrator if the 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.
(7) 
Distance between driveways and other access points. 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 25 feet may be required if existing or projected traffic warrants a greater distance.
(8) 
Angle of intersection with public right-of-way. All driveways and other access points 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.
(9) 
Visibility standards. All driveways and other access points shall comply with the visibility standards of § 5-7-10.
(10) 
Distance from property line. The distance from an access drive to the property line of an adjacent property shall not be less than five feet, as measured along the right-of-way line.
(11) 
Width of driveways. All access drives shall have a minimum width of 10 feet for single- and two-family dwellings, and 18 feet for all other land uses. All curb openings for access drives shall have a maximum width of 24 feet for all residential uses and 30 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. This requirement may be exceeded with explicit Plan Commission approval for uses other than single-family.
(12) 
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that avoids congestion on public streets and other safety hazards.
(a) 
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 public streets.
(b) 
Parking, loading, and traffic circulation areas serving less than six parking spaces may back into local streets, but shall not back into collector or arterial streets. Refer to § 5-7-11(12)(f) regarding backing into streets. Traffic control devices shall be required as determined by the Department of Public Works.
(13) 
Depiction on required site plan. Any and all proposed driveways and other access points 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.
(14) 
Surfacing.
(a) 
Driveways shall follow the surfacing requirements of § 5-7-11(19).
(b) 
Driveways shall be surfaced in accordance with this Title 5 within 365 days of building permit issuance. If not dust-free during the permitted 365 days, a minimum aggregate base of four inches is required.
(15) 
Nonconforming driveways.
(a) 
Nonconforming driveways shall comply with all of the regulations and requirements of Chapter 5 for nonconforming sites.
1. 
Legal nonconforming driveways located on properties containing single- or two-family land uses may be reconstructed, provided the reconstructed driveway is not dimensionally expanded.
(b) 
Shared driveways (driveways located on multiple lots and typically situated over lot lines) that existed prior to the adoption of this Title 5 may remain legal driveways. No new or reconstructed shared driveways may be established unless cross-access easements are recorded with the Register of Deeds.
(1) 
Purpose. The purpose of this section is to alleviate or prevent congestion of public and private 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.
(2) 
Applicability. The requirements of this section shall apply to all new development or redevelopment.
(3) 
Review and approval. Through the site plan review process (see § 5-10-31), the Zoning Administrator shall review and approve all development for conformance with this section.
(4) 
Vision triangle at public streets. A vision triangle extending 20 feet from all public street right-of-way intersections shall be maintained for local street intersections and 30 feet when the intersection includes collector or arterial streets. If the street intersection is curved, the vision triangle distance shall be maintained as if the right-of-way were extended to create a ninety-degree corner. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 1/2 feet and 10 feet with the exception of fencing, which shall be no greater than 30% opaque.
(a) 
Development in the CMU District and development located on streets with signalized intersections shall be exempt from this requirement.
(5) 
Vision triangle at alleys and driveways. A vision triangle extending 10 feet from alleys and driveways shall be maintained. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 1/2 feet and 10 feet.
(a) 
Development in the CMU District shall be exempt from this requirement.
Figure 5-7-10: Visibility Standards
(1) 
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 use of various sites and types of development.
(2) 
Applicability. The requirements of this section shall apply to all new development and redevelopment.
(3) 
Review and approval. Through the site plan review process (see § 5-10-31), the Zoning Administrator shall review and approve all development for conformance with this section.
(4) 
Depiction on required site plan.
(a) 
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.
(b) 
Site plans shall be drawn to scale.
(c) 
Site plans shall include, but not be limited to, the following information:
1. 
All lot dimensions and lot lines.
2. 
Paved areas shown and dimensioned.
3. 
The traffic pattern and parking space layout, including required handicapped spaces.
4. 
Dimensions of individual parking spaces and aisle width. Required parking spaces not intended to be immediately improved shall be shown with a dashed line.
5. 
Size and location of ingress and egress openings.
6. 
Location, size at planting, and species of all landscape plantings.
7. 
Location of all lighting systems.
8. 
Location of all snow storage areas.
9. 
Drainage and/or stormwater management plan subject to approval by the City.
10. 
Other facilities proposed.
(5) 
Minimum number of required off-street parking spaces. See Chapter 3 for minimum parking requirements by land use.
(a) 
Off-street parking requirements for each land use are generally tied to the use's capacity and gross floor area or the number of employees at the subject property during the largest work shift.
1. 
The term "capacity" 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.
2. 
The term "employees on the largest work shift" means 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.
3. 
The term "gross floor area" shall mean the total floor area inside the building envelope on all levels of a building.
(b) 
A garage stall shall be considered a parking space.
(c) 
One reserved parking space shall be provided for each service vehicle used by the operation during business hours.
(6) 
Parking requirement exceptions in the Central Mixed-Use District.
(a) 
Within the CMU District, the parking requirements of this Title 5 are hereby waived. However, when off-street parking facilities are provided, such facilities shall meet the requirements of this Title 5, except in respect to the required number of spaces. Residential uses need only provide evidence of the availability of off-street public or private parking in the amount of one parking space per dwelling unit within 1,000 feet of the unit.
(7) 
Limit on the number of off-street parking spaces provided. No site plan may be approved for a multifamily or nonresidential use which contains more than 125% of the development's minimum number of required parking spaces, except as granted through a conditional use permit. Consideration of the following factors shall be given in considering a conditional use permit request:
(a) 
This provision shall not apply to lots in which less than 25 parking spaces are required.
(b) 
The proposed development has unique or unusual characteristics (such as high sales volume or low parking turnover) which creates a parking demand that exceeds the maximum ratio and does not typically apply to comparable uses.
(c) 
The lot is designed to allow for more intensive future site development.
(d) 
Pedestrian and bicycle connectivity is provided through the lot and connects to adjacent local and regional transit, pedestrian, and bicycle facilities.
(e) 
The need for additional parking cannot be reasonably met through provision of on-street or shared parking with nearby uses.
(8) 
Parking studies. The Zoning Administrator has the ability to require a parking study to determine parking requirements. Where a parking study is required, the study shall contain information on the anticipated number of employees, customers, visitors, clients, shifts, events, or deliveries to the use, and may refer to other studies or similar situations elsewhere.
(9) 
Screening. Off-street parking areas which abut an adjacent residential district or residential use shall be provided with a masonry wall, solid screen planting of appropriate shrubs or a solid wooden fence of a height not less than four feet along the entire boundary common to both the residential area and the parking area. Landscaping used to meet these requirements shall count toward the landscaping required for paved areas in Chapter 8.
(10) 
Locational prohibitions for off-street parking areas.
(a) 
On a lot containing a single-family or two-family dwelling unit, off-street parking shall not be located between the principal structure and a street right-of-way, except within residential driveways leading to a legal parking space.
(b) 
No private parking shall occur on street terraces, publicly owned driveways, or any other areas located within a public right-of-way.
(11) 
Setbacks.
(a) 
In the SMU and LI Districts, the parking area setback may be reduced to five feet from rear and side property lines if a five-foot landscaped buffer is provided and if any additional bufferyard requirements are met.
(b) 
Existing parking areas that do not meet the requirements of this Title 5 may be maintained or repaired at their setback as of the effective date of this Title 5.
(12) 
Off-street parking and traffic circulation standards.
(a) 
Circulation. The site shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the general rules of the road. All traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.
(b) 
Surfacing. All off-street parking and traffic circulation areas shall follow the surfacing requirements of § 5-7-11(19).
(c) 
Drainage. All off-street parking and traffic circulation areas shall be designed in such a manner so as to not have a negative surface water drainage impact on adjacent properties and to meet the requirements of Chapter 11.
(d) 
Marking. All off-street parking and traffic circulation areas shall be marked, striped, and maintained in a clear and visible manner which clearly indicates parking spaces, pedestrian walkways, and other designated areas.
(e) 
Curbing. A minimum six-inch-high curb shall be installed around all parking areas and internal landscape islands, except as follows:
1. 
Where bio-filtration and/or bio-retention methods of stormwater management are utilized as part of an approved grading and drainage plan, alternatives to the installation of curbing may be considered by the Department of Public Works, provided that measures are taken to protect the landscaping from vehicular circulation damage.
2. 
For industrial uses within industrial zoning districts, curbing is only required adjacent to buildings, planting islands, required front yards, and where necessary to prevent any part of a vehicle from extending over or beyond any pedestrian paths or rights-of-way.
(f) 
Access.
1. 
Each off-street parking space shall open directly upon an aisle or driveway that is wide enough to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into any pedestrian way or arterial or collector street.
a. 
Parking, loading, and traffic circulation areas serving less than six parking spaces may back into local streets, but shall not back into collector or arterial streets. Refer to the traffic control requirements of § 5-7-9(12).
2. 
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.
3. 
No driveway across public property or requiring a curb cut shall exceed a width of 40 feet at the property line for nonresidential land uses, or 25 feet for residential land uses.
(g) 
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit to ensure their safe and efficient use during evening hours. An illumination level between 0.4 and 1.0 footcandle is recommended but shall not exceed the standards of § 5-7-25.
(h) 
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Chapter 9.
(13) 
Parking space design standards. Other than handicapped parking, permitted parking in residential driveways, and where otherwise regulated in this section, each off-street parking space shall comply with the minimum requirements of Figure 5-7-11a. All parking spaces shall have a minimum vertical clearance of at least seven feet.
Figure 5-7-11a: Parking Layout Dimensions
Parking Angle in Degrees
Minimum Permitted Dimensions
(parallel)
(feet)
45°
(feet)
60°
(feet)
75°
(feet)
90°
(feet)
Stall width at parking angle (SW)
9
9
9
9
9
Stall width parallel to aisle (WP)
22
12 feet 6 inches
10 feet 3 inches
9 feet 3 inches
9
Stall depth to wall (D)1
9
18
18
18
18
Stall length (SL)
18
25
22
20
18
Aisle width for 1-way traffic flow (AW)
14
14
16
23
24
Aisle width for 2-way traffic flow with angled parking
24
24
24
24
24
Throat length (right-of-way to parking angle) (T)2
Refer to requirements in Figure 5-7-11b.
Notes:
1
Stall depth (D) may be reduced by two feet, provided vehicle overhang is located over a landscaped area or pedestrian walk if said walk is oversized to provide a minimum of five feet of clear pedestrian access and a concrete curb or wheel stop is provided to protect vegetation and pedestrians.
2
In no case shall the throat length be less than the required setback.
(14) 
Minimum permitted throat length. Figure 5-7-11b 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 centerline of the access drive.
(a) 
Minimum permitted throat length may be modified by the Plan Commission by explicit motion associated with the site review process. In no case shall the throat length be less than the required setback.
Figure 5-7-11b: Permitted Throat Length
Land Use
Type
Scale of Development
Minimum Throat Length
Type of Access Street
Collector
(feet)
Arterial
(feet)
Residential
Any residential
0 to 100 dwelling units
25
N/A
101 to 200 dwelling units
50
75
201+ dwelling units
75
125
Commercial
Office
0 to 50,000 gross square feet
25
50
50,001 to 100,000 gross square feet
25
75
100,001 to 200,000 gross square feet
50
100
200,001+ gross square feet
100
150
In-vehicle sales or service
0 to 2,000 gross square feet
25
75
2,001+ gross square feet
50
100
Commercial indoor 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
100,001 to 500,000 gross square feet
50
100
500,001+ gross square feet
100
200
Industrial
All industrial uses
0 to 100,000 gross square feet
25
50
100,001 to 500,000 gross square feet
50
100
500,001+ gross square feet
50
200
Other uses
6+ spaces
25
50
(15) 
Partial or phased development of required parking spaces.
(a) 
Any development may seek permission from the Zoning Administrator to phase-in a portion of its required parking at time of site plan review. The site plan shall depict the minimum number of required parking spaces.
(b) 
Areas required for parking, but not immediately improved, shall be reserved for future parking.
(c) 
Undeveloped future parking areas shall be seeded with a grass mix or vegetative cover acceptable to the Zoning Administrator until said area is developed into a parking surface.
(16) 
Joint off-site parking facilities.
(a) 
Parking facilities which have been approved by the Director of Public Works 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.
(b) 
Joint use parking facility. Up to a fifteen-percent reduction in the number of required parking spaces for four or more separate uses, 10% for three separate uses, and 5% for two separate uses may be authorized by the Zoning Administrator, following approval of a plan which provides for a collective parking facility.
(c) 
Day-night use parking facility. The Zoning Administrator may authorize the shared day-night use of parking facilities under the following conditions:
1. 
Up to 50% of the parking facilities by nighttime uses may be supplied by the off-street parking facilities of daytime uses.
2. 
Up to 50% of the parking facilities of daytime uses may be supplied by the off-street parking facilities of nighttime uses.
3. 
For the purposes of this section, daytime uses are defined as offices, banks, retail stores, personal service or repair shops, household equipment or furniture stores, manufacturing or wholesale, or similar primarily daytime uses; and nighttime uses are defined as auditoriums incidental to grade schools, churches, multifamily development (nonelderly), bowling alleys, dancehalls, theaters, bars or restaurants, motels, or similar primarily nighttime or Sunday uses.
(d) 
The applicant(s) for approval of a joint or day-night use parking facility shall demonstrate to the satisfaction of the Zoning Administrator that there is no substantial conflict in the demand for parking during the principal operating hours of the uses for which the joint parking facility is proposed to serve. Conditions required for joint use shall be as follows:
1. 
The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities.
2. 
The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
3. 
A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with Zoning Administrator. Joint use parking privileges shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required in this chapter.
(17) 
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.
(b) 
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 Director of Public Works.
(c) 
Except in the CMU and UMU Districts, there shall be a minimum ten-foot setback for any driveway width additions or parking pads in the front and street side yards. See Figure 5-7-11c. Driveways adjacent to alleys are exempt from this requirement.
Figure 5-7-11c: Minimum Driveway Expansion and Parking Pad Setback
(18) 
Bicycle parking standards.
(a) 
Required provision of bicycle parking areas.
1. 
For all multifamily, commercial, institutional, and industrial uses, a minimum of four bicycle spaces shall be provided.
2. 
For parking lots containing more than 40 automobile parking spaces, off-street bicycle parking spaces shall be provided. The number of off-street bicycle parking spaces to be provided shall be equal to 5% of the automobile parking space requirement or 20 bicycle parking spaces, whichever is less.
3. 
A nonresidential use's automobile parking requirement may be reduced by providing additional bicycle parking. After the bicycle parking requirement has been met, a minimum of four bicycle parking spaces may be provided in lieu of one required automobile parking space, with a maximum reduction of up to five automobile parking spaces.
(b) 
Specifications for bicycle parking spaces.
1. 
The "inverted-U" type bike rack is the preferred bicycle parking rack and means of providing off-street bicycle parking spaces as required in this section, but all types of bicycle parking racks are acceptable. One inverted-U type rack counts as two bicycle parking spaces.
2. 
All bicycle parking provided shall be on a hard-surfaced area and shall be set back from walls and other objects, so the bicycle rack is useable. Freestanding bicycle parking racks shall be securely fastened to the ground.
3. 
Bicycle parking spaces shall be installed in conformance with setback requirements applicable to automobile parking lots. The racks shall be placed where bicyclists would naturally transition to pedestrian mode. The placement of the racks shall not conflict with pedestrians and motorized traffic.
(19) 
Surfacing.
(a) 
All driveways, off-street parking, loading, and traffic circulation areas shall be graded and surfaced so as to be dust-free and properly drained and shall be paved with a hard, all-weather or other surface to the satisfaction of the Director of Public Works.
(b) 
The following shall be exempt from these surfacing requirements:
1. 
Driveways in the RH-35 District shall be exempt except for the first 20 feet of the driveway closest to the right-of-way, which shall be hard surfaced.
2. 
All agricultural land uses (§ 5-3-7).
3. 
Parking areas in the LI, HI, and EX Zoning Districts if more than 200 feet from a residential zoning district. Such surfaces shall be dust-free and properly drained.
4. 
Enclosed and screened outdoor storage areas. When such uses are discontinued, the area(s) shall comply with the surfacing requirements of Subsection (19)(a), above, or shall be returned to vegetative ground cover.
(20) 
Installation and maintenance.
(a) 
Off-street parking and circulation areas and required screening and landscaping shall be continuously maintained in good condition and appearance. Surfacing, lighting, barriers, markings, planting materials, and all other aspects of the off-street parking and circulation facility shall be repaired or replaced with new materials in compliance with the provision of this Title 5.
(b) 
All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times, except for approved phased development of parking spaces as provided for by Subsection (15), above. 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 § 5-7-26.
(21) 
Limitations on uses of all off-street parking areas.
(a) 
All vehicles shall be in condition for safe and legal performance on public rights-of-way, be registered, and display current license plates.
(b) 
Under no circumstances shall any vehicle or equipment be used as living quarters, except for approved campground land uses.
(c) 
Single-family and two-family uses shall be limited to one commercial vehicle, trailer, or a motor home per dwelling unit.
(d) 
On a nonresidential property, no more than one of the following types of vehicles or equipment shall be parked or stored outdoors:
1. 
Vehicles or equipment not normally associated with a residential use include but are not limited to:
a. 
Dump and stake body style trucks.
b. 
Semi cabs.
c. 
Concession, vending, and catering trailers.
d. 
Commercial/industrial equipment trailers and lifts.
e. 
Tow trucks, wreckers, or car carriers except for one light-duty tow truck (not a roll back, flat bed, or carrier type) with a gross vehicle weight not exceeding 12,000 pounds may be parked when on call, operating under the rotating call list established and kept by the City of Monroe Police Department.
2. 
The following vehicles shall not be parked or stored outdoors, except in areas identified on an approved site plan for the purpose of heavy vehicle parking or an outdoor storage land use:
a. 
Construction equipment such as bulldozers, backhoes, skid steers, and fork lifts.
b. 
Landscaping business equipment such as tractors, tree spades, graders, and scrapers.
c. 
Semi-trailers and tractors.
d. 
Amusement rides and similar vehicles.
(22) 
Limitations on uses of residential off-street parking areas. In residential districts and on lots associated with residential uses, accessory off-street parking facilities shall be regulated as follows:
(a) 
Residential off-street parking areas shall be utilized solely for the parking of passenger vehicles.
(b) 
A maximum of one commercial vehicle per dwelling unit shall be parked outdoors on residential property provided that the vehicle is used by a resident of the dwelling unit, has a manufacturer's gross vehicle weight rating of 10,000 pounds or less, and is less than 21 feet in length.
(c) 
No person shall park any motor truck, truck trailer, trailer, semitrailer or any other vehicle or combination of vehicles weighing more than 10,000 pounds, except recreational vehicles or motor homes are permitted if parked in a driveway or other legal off-street parking space.
(d) 
A recreational vehicle (RV) associated with and customary to residential uses may be parked as if a passenger vehicle but shall not be utilized for the storage of goods, materials, or equipment other than that which is considered part of the RV or essential to its function.
(e) 
Recreational vehicles and structures. Outside storage is permitted for not more than two (total) of the following: building for ice fishing, mobile camp trailer, snowmobile, camper utility trailer, boat, all-terrain vehicle and personal watercraft, provided that the above vehicles and structures are owned by the residence. No storage is permitted in front yards, except in the owner's driveway.
(1) 
Purpose. The purpose of this section is to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
(2) 
Applicability. All institutional, commercial, industrial, storage, and transportation land uses shall provide off-street loading facilities in accordance with the regulations of this section.
(3) 
Review and approval. All developments and redevelopments will be reviewed for conformance with this section through the site plan review process (see § 5-10-31).
(4) 
Depiction on required site plan. The location and configuration of all required loading areas and trailer and container storage areas proposed to be located on the subject property shall be depicted on the site plan required for the development of the subject property.
(5) 
Location.
(a) 
Loading areas shall be located on the private lot and shall not be located within or interfere with any public right-of-way while in use.
(b) 
Loading areas shall be located on the same lot as the use served.
(c) 
Loading areas shall be located 25 feet or more from the intersection of two street right-of-way lines.
(d) 
Loading areas shall not be located within any required front yard or street yard setback area.
(e) 
Loading areas shall be located at least 50 feet from a residential district.
(6) 
Size of loading area.
(a) 
Structures of less than 10,000 square feet shall provide adequate receiving platforms or other facilities located off an adjacent alley, service drive, or other open space on the same lot.
(b) 
Structures larger than or equal to 10,000 square feet but less than 20,000 square feet shall provide an off-street loading space that is at least 10 feet wide and at least 25 feet long.
(c) 
Structures 20,000 square feet or larger shall provide an off-street loading space that is at least 10 feet wide and at least 50 feet long.
(d) 
Refer to Figure 5-7-12 for additional loading standards.
Figure 105-7-12: Loading Standards
Design Vehicle
Length in Feet
Dock Angle (a)
Clearance in Feet (D)
Berth Width in Feet (W)
Apron Space in Feet (A)
Total Offset in Feet (T)
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
90°
55
10
77
132
12
72
127
14
67
122
WB-50
55
60°
48
10
55
103
12
51
99
14
46
94
45°
39
10
45
84
12
40
79
14
37
76
(7) 
Access to loading area. Each loading area shall be located so as to facilitate access to a public street or alley, shall not interfere with other vehicular or pedestrian traffic, 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 while in use.
(8) 
Surface. All required loading areas shall follow the surfacing requirements of § 5-7-11(19).
(9) 
Use of required loading areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Loading areas shall not be used to provide the required number of parking spaces.
(10) 
Lighting. All loading areas shall be lit to ensure their safe and efficient use during evening hours. An illumination level between 0.4 and 1.0 footcandle is recommended but shall not exceed the standards of § 5-7-25.
(11) 
Signage. All signage located within or related to loading areas shall comply with the requirements of Chapter 9.
(1) 
Purpose. The purpose of this section is to support the use of alternative modes of transportation and promote the safety and general welfare of the public by establishing requirements for pedestrian and bicycle access and bicycle parking.
(2) 
Applicability. The requirements of this section shall apply to all new development or redevelopment.
(3) 
Quantity. One pedestrian and bicycle access shall be provided on at least one street frontage.
(4) 
Off-site connections. Pedestrian and bicycle access shall include appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods.
(5) 
On-site connections. The entire development shall provide walkways for full and safe pedestrian and bicycle access within the development.
(a) 
Walkways shall provide pedestrian access through or around off-street parking areas from street sidewalks to building entries. Walkways shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and walkways shall not be located and aligned solely based on the outline of a parking lot configuration unless such configuration allows for direct pedestrian access.
(b) 
Design requirements.
1. 
Walkways shall have an acceptable dust-free surface not less than five feet in width and shall be grade-separated from the parking lot or otherwise delineated with pavement markers, planters, or alternate paving materials.
2. 
The entirety of the on-site pedestrian walkway system shall be marked and defined using pavement treatments, signs, lighting, median refuge areas, and landscaping as appropriate and as consistent with the Americans with Disabilities Act and the Building Code, as approved by the Zoning Administrator.
3. 
Where the pedestrian walkway crosses drive aisles or internal roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety.
4. 
The material and layout of the pedestrian walkway shall be continuous as the pedestrian access crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian accessway.
(1) 
Outdoor recreational space requirements for multifamily uses.
(a) 
Each multifamily development containing three or more units shall provide an outdoor recreational space suitable for outdoor recreation such as sitting, sunbathing, grilling, and playing catch. Outdoor recreational space could also include a children's play area. Outdoor recreational space can be provided at ground level or other areas including but not limited to communal porches/decks, balconies, and rooftop gardens.
1. 
The outdoor recreational space and/or children's play area is encouraged to include picnic tables, recreational equipment, and/or play equipment suitable for small children such as sandboxes, swing sets, and play structures. This is intended to provide an equivalent level of outdoor recreation equipment that would normally be available with a single- or two-family dwelling.
(b) 
Multifamily uses located within the Central Mixed-Use Zoning District are encouraged to provide outdoor recreational space but are exempt from the requirement to provide outdoor recreational space as regulated in this section.
(c) 
Minimum area. A minimum of 200 square feet plus 25 square feet per bedroom of outdoor recreational space shall be provided.
(d) 
Required outdoor recreational space shall be for the private use of residents and need not be open to the public.
(2) 
Buildings shall be organized in relation to open spaces to create a balance of usable open space and efficient circulating and parking. The requirements of this section shall not override the establishment of an orderly, positive, and urban character of the relationship of buildings to streets.
(3) 
Required outdoor recreational space may be divided into multiple distinct spaces, provided that no single outdoor recreation space is smaller than 100 square feet or narrower than 10 feet in any direction.
(4) 
The following shall not count toward the total outdoor recreational space requirement:
(a) 
Areas in the required front or side yard setbacks.
(b) 
Areas within two feet of parking stalls (as measured from the face of the curb).
(c) 
Areas used for landscaping, stormwater infiltration, bicycle parking, trash and recycling storage, or heating and cooling units.
(5) 
Required outdoor recreational space shall not count toward land dedication or fee in lieu of land dedication requirements of the City of Monroe Municipal Code.
(1) 
Purpose. The purpose of this section is to provide illumination levels on sites for function and safety as well as regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and nearby land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
(2) 
Applicability. The requirements of this section apply to all exterior lighting within the jurisdiction of this Title 5, except for lighting within public rights-of-way.
(3) 
Review and approval. All developments and redevelopments will be reviewed for conformance with this section through the site plan review process (see § 5-10-31).
(4) 
Depiction on required site plan. 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.
(5) 
Exterior lighting requirements.
(a) 
In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
(b) 
Flashing, flickering and/or other lighting which may distract motorists are prohibited.
(c) 
Intensity of illumination.
1. 
In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandle above ambient lighting conditions on a cloudless night.
2. 
The maximum average on-site lighting in nonresidential zoning districts shall be 3.0 footcandles.
3. 
The maximum average on-site lighting in residential zoning districts shall be 1.0 footcandles.
4. 
The following exceptions shall be permitted.
a. 
The maximum average allowable on-site lighting of outdoor recreation facilities and assembly areas is 4.0 footcandles.
b. 
The maximum average on-site lighting of auto display lots and gas station pump islands is 25.0 footcandles, provided that lighting is dimmed to 3.0 footcandles when business is closed. All under-the-canopy fixtures shall be fully recessed.
5. 
Reflected glare onto nearby buildings, streets, or pedestrian areas is prohibited.
(d) 
Fixtures and luminaries.
1. 
Outdoor lighting shall be full cut-off fixtures and downward facing and no direct light shall transmit onto adjacent properties.
a. 
Exempt from this requirement are decorative light fixtures with frosted glass lamps, and any fixtures using a light bulb with a factory-rated light output of 1,700 lumens or less, including 100-watt incandescent bulbs and 100-watt-equivalent compact florescent bulbs.
2. 
The color and design of fixtures shall be compatible with the building and public lighting in the area and shall be uniform throughout the entire development site.
3. 
The maximum fixture mounting height by zoning district shall be:
a. 
Sixteen feet in the RH-30, SR-3, SR-4, SR-5, SR-7, DR-8, and TR-10 Zoning Districts.
b. 
Twenty feet in the MR-15, MR-30, MH-7, NMU, I, SMU, UMU, CMU, and IOA Zoning Districts.
c. 
Twenty-five feet in the BP, LI, HI, and EX Zoning Districts.
4. 
All lighting fixtures existing prior to the effective date of this Title 5 shall be considered legal nonconforming fixtures.
(e) 
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) 
Additional lighting requirements for intensive outdoor recreation uses.
(a) 
Lighting shall be set to automatically shut off when there is no scheduled play and shall be extinguished no later than 10:00 p.m. Lower light levels for off-the-field lighting may be provided for an additional one hour for safe egress.
(b) 
The mounting height for light fixtures shall be no greater than 1/4 the distance to the nearest property line from where the light fixture is located.
(c) 
Light fixtures of up to 75 feet in height may be permitted through the conditional use process, provided the applicant demonstrates compliance with the other provisions of the Section, particularly Subsection (6)(c), above.
(1) 
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 additional requirements relating to exterior storage for specific uses, refer to Chapter 3.
(2) 
Applicability. The requirements of this section apply to all development.
(3) 
Review and approval. All developments and redevelopments will be reviewed for conformance with this section through the site plan review process (see § 5-10-31). Outdoor storage land uses shall meet the requirements of § 5-3-12(2).
(4) 
Requirements for exterior storage.
(a) 
Requirements for exterior storage in Mixed-Use Zoning Districts.
1. 
In all mixed-use zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following: screened refuse containers, construction materials, landscape materials, and related equipment connected within on-site construction. Materials related to construction and landscaping projects shall not be stored outdoors after the completion of the project.
2. 
Such outdoor storage shall not be located within any front yard or required street yard (except for vehicles in designated off-street parking spaces). Outdoor storage shall conform to all setback requirements or shall be located a minimum of five feet from all property lines, whichever is more restrictive.
(b) 
Screening for storage land uses shall comply with the requirements of § 5-3-12. Screening for incidental outdoor storage land uses shall comply with the requirements of § 5-3-17(19).
(c) 
Screening shall be well maintained.
(5) 
Exterior trash/recycling storage.
(a) 
For multifamily, institutional, commercial, mixed-use buildings, and industrial uses, all exterior trash/recycling storage areas shall be located within an enclosure at least six feet in height that completely screens the view of all trash/recycling and trash/recycling storage containers. The exterior of said enclosure shall be constructed of solid wood or one or more of the materials used on the exterior of the main building. A solid gate shall be used to gain access to the storage area; said gate shall be constructed of an opaque material or interwoven slat fencing.
(b) 
No exterior trash/recycling storage or dumpsters shall be located between a building and a public street except if in the opinion of the Zoning Administrator no other suitable location is available for such purpose and provided the dumpster area is developed in a manner so as to minimize its appearance from a public street.
(6) 
Mechanical equipment and on-site utilities.
(a) 
Applicability.
1. 
The screening of mechanical equipment and utilities shall be required for all uses as regulated in this Title 5, with the exception of single-family and two-family dwelling units; satellite dishes, personal antennas and towers, industrial smoke stacks, and solar or wind energy systems; and other uses exempted in other sections of the City of Monroe Municipal Code.
2. 
The screening of mechanical equipment and utilities shall be required for building expansions or additions when single or cumulative additions exceed 50% of the floor area of original building.
(b) 
Screening design standards for ground-mounted equipment. Ground-mounted mechanical equipment must be hidden from view through the use of one or both of the following methods:
1. 
Earth berm(s) with evergreen landscaping at a combined height sufficient to fully screen the equipment from the right-of-way or other users of the site.
2. 
A bufferyard with a minimum opacity of 0.4 that completely surrounds the equipment.
(c) 
Screening distance.
1. 
Mechanical equipment is considered to be screened if it is not visible from any portion of the adjacent street right-of-way or adjacent property lines as measured at a height of five feet from the sidewalk/curb elevation or from the grade of the center line of the street if no sidewalk or curb is present.
2. 
Exceptions can be made for elevated roads that are of a considerable higher grade from that of the mechanical equipment, for drastic grade changes, or for other special circumstances as determined by the Zoning Administrator.
(1) 
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.
(2) 
Applicability. The requirements of this section apply to all fencing, landscape walls, and decorative posts for all land uses and activities.
(3) 
Review and approval. Fences shall be reviewed and approved by the Zoning Administrator and shall require a building permit, unless the proposed fence requires a conditional use permit.
(4) 
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 in association with an active building permit, is permitted. Permits are not required for temporary fencing.
(5) 
Materials.
(a) 
Fences shall be constructed using the following materials: naturally resistant or treated wood, brick or masonry, natural stone, wrought iron, vinyl, galvanized and/or coated chain link, or any other material of comparable quality as approved by the Zoning Administrator.
(b) 
Rules related to specific materials.
1. 
Permanent chicken wire fences or snow fences shall not be used with residential uses.
2. 
Noncorrugated, solid metal fences are permitted in the LI, HI, and EX Zoning Districts.
3. 
Wire mesh and noncoated/nongalvanized chain link fencing is not permitted within front yards in the SR-3, SR-4, SR-5, SR-7, DR-8, TR-10, MR-15, MR-30, and MH-7 Zoning Districts, except when used in conjunction with parks, schools, airports, or other institutional uses.
4. 
Barb wire fencing or similar security fencing shall be permitted only on the top of security fencing when located at least six feet above the ground and shall be permitted only in the I, LI, HI, and EX Districts. Such fences shall meet the setbacks for the principal structure.
5. 
Coated chain link fences shall have a minimum nine-gauge thickness, and a top rail support is required. Coated chain link fences shall not be permitted in front or street yards and shall not extend toward the street beyond the front of the building.
(6) 
Design.
(a) 
With the exception of fences used for required screening, any fence located in the front yard shall be a maximum of fifty-percent opaque, meaning that the spaces between the pickets are equal to or greater than the width of the pickets. See Figure 5-7-27a.
Figure 5-7-27a: Fencing Opacity
(b) 
A fence that includes prewoven or interwoven privacy fence slats and that is at least ninety-percent opaque shall be considered a solid fence.
(c) 
Fences shall be architecturally compatible with the design and materials of the principal building. Design details shall be substantially the same (but need not be identical) as those of the principal building. Industrial uses shall be exempt from this requirement.
(d) 
Fences, landscape walls, or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property.
(e) 
Swimming pools. Fencing for swimming pools shall be provided per the Model Swimming Pool Enclosure Code established by the National Spa and Pool Institute (NSPI), which is available from the City Public Works Department.
(7) 
Height.
(a) 
Maximum height. The maximum height of any fence panel, landscape wall, or decorative post shall be the following:
1. 
In the SR-3, SR-4, SR-5, SR-7, DR-8, TR-10, MR-15, MR-30, MH-7, I, and NMU Zoning Districts:
a. 
Four feet when located within the required or provided front yard or street yard, whichever is closer to the street.
b. 
Six feet within the side yard or rear yard, but not in the required front yard or beyond the front facade of the principal building.
c. 
Where permitted, barb wire fencing or similar security fencing on top of fences shall not extend higher than three feet beyond the top of the fence.
2. 
In the RH-35, SMU, UMU, CMU, IOA, BP, LI, HI, and EX Zoning Districts:
a. 
Four feet when located within the required or provided front yard or street yard, whichever is closer to the street.
b. 
Eight feet within the side yard or rear yard, but not in the required front yard or beyond the front facade of the principal building.
c. 
Where permitted, barb wire fencing or similar security fencing on top of fences shall not extend higher than three feet beyond the top of the fence.
3. 
Height shall be measured from the ground immediately under the fence to the top rail of the fence.
(b) 
Height exceptions.
1. 
Decorative posts at a minimum spacing of 24 inches may extend eight inches above the maximum height. See Figure 5-7-27b.
2. 
To accommodate slopes and/or lawn maintenance, up to four inches of ground clearance shall be allowed which will not contribute to the measurement of maximum fence height.
3. 
Berms with slopes less than or equal to a minimum of three feet of horizontal to a maximum of every one foot of vertical (i.e., 3:1) shall not contribute to the measurement of maximum fence height.
Figure 5-7-27b: Fence Height and Exceptions
(8) 
Location.
(a) 
Fences must meet the visibility standards in § 5-7-10.
(b) 
Fences may be located within or on any property line.
(c) 
Fences legally constructed prior to the effective date of this Title 5 shall be permitted to be replaced in their existing location.
(9) 
Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.
Figure 5-7-27c: Fencing Standards
(1) 
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 health, safety, and general welfare of the public.
(2) 
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.
(3) 
Review and approval. Through the site plan review process (see § 5-10-31), the Plan Commission shall review and approve all development on the subject property.
(4) 
Depiction on required site plan. Any activity or equipment which creates 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.
(5) 
Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given in Figure 5-7-31, below.
(6) 
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line. 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 Figure 5-7-31 below; f = the frequency of vibration transmitted through the ground (cycles per second).
Figure 5-7-31: Vibration Measurement Constant
K
All Other Districts
K
GI District
On or beyond any adjacent lot line
Continuous
0.003
0.015
Impulsive
0.006
0.030
Less than 8 pulses per 24-hour period
0.015
0.075
On or beyond any residential district boundary line
Continuous
0.003
0.003
Impulsive
0.006
0.006
Less than 8 pulses per 24-hour period
0.015
0.015
(1) 
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 health, safety, and general welfare of the public.
(2) 
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.
(3) 
Standards. In addition to all applicable state and federal standards, the following shall apply:
(a) 
The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(b) 
Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited at all times.
(c) 
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.
(d) 
Outdoor wood furnaces are not permitted in the City of Monroe for public health and safety reasons.
(e) 
All applicable state and federal standards.
(1) 
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 healthy, safety, and general welfare of the public.
(2) 
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 fertilizer application, 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.
(3) 
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 odor 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 or mixed use district, or the Business Park (BP) District.
(1) 
Purpose. The purpose of this section is to regulate the creation of glare or heat in order to prevent the creation of nuisances and to promote the health, safety, and welfare of the public.
(2) 
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.
(3) 
Standards. No direct or sky-reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise. As determined by the Zoning Administrator, there shall be no discernible transmission of heat or heated air at the lot line. Solar systems regulated by Wis. Stats. § 66.0401 shall be entitled to the protection of its provisions.
(1) 
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 health, safety, and general welfare of the public.
(2) 
Applicability. The requirements of this section apply to all land uses and activities.
(3) 
Standards. Any use involving materials which could decompose by detonation shall be located not less than 400 feet from any residential or mixed-use zoning district 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.
(1) 
Purpose. The purpose of this section is to regulate the handling of toxic, noxious, or waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2) 
Applicability. The requirements of this section apply to all land uses and activities.
(3) 
Standards. 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 private property or business. 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 Public Health.
(1) 
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.
(2) 
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(a) 
Microorganism cultures subject to Wis. Stats. § 94.65.
(b) 
Pesticides subject to Wis. Stats. § 94.67(25).
(c) 
Biological products subject to Wis. Stats. § 95.39.
(d) 
Hazardous substances subject to Wis. Stats. § 100.37(1)(c).
(e) 
Toxic substances subject to Wis. Stats. § 101.58(2)(j).
(f) 
Infectious agents subject to Wis. Stats. § 101.58(2)(f).
(g) 
Any material for which the State of Wisconsin requires notification of a local fire department.
(h) 
Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.
(3) 
Standards. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal.
(1) 
This section shall apply to all buildings as of the effective date of this Title 5.
(2) 
Where any building is vacated because 100% of the residential or commercial use conducted thereon is being terminated or relocated to a different building, the party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease.
(3) 
With the exception of historic buildings and landmarks, any building that is completely vacated for any reason shall be subject to the following provisions:
(a) 
The owner must file with the City a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building.
(b) 
The owner shall be required to meet the requirements defined below based on the amount of time the building remains vacant:
Figure 5-7-45: Steps for Addressing Building Vacancy
Time Period Building is Vacant
Requirement
1 year of vacancy
Install a fire department access box for annual fire inspection if the Fire Department determines it is necessary. Remove signage per the requirements of § 5-9-37.
5 years of vacancy
The City will complete a comprehensive maintenance review of the property and may require the property owner to meet the standards of the Property Maintenance and Building Codes.
10 years of vacancy
If the building is not maintained, the City may require the site to be cleared of all improvements and returned to vegetative ground cover.
(c) 
Within the first quarter of each year of complete vacancy, the owner shall provide the Zoning Administrator with a statement as to the condition of the building and prospects for removal or reoccupancy of the building(s).
(d) 
At any time following complete vacancy, the City may utilize other enforcement options available to it to ensure property maintenance and upkeep of the building and site such as requiring the property owner to meet the standards of the Property Maintenance and Building Codes.
(e) 
Occupancy of any portion of the building(s) and/or the exterior grounds for a period of less than 90 consecutive days shall not be considered to remove the vacancy status of the building under this section.
Determinations necessary for administration and enforcement of performance standards set forth in this article 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 or 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 Zoning Administrator 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.