A.
General.
(1)
Any accessory use or structure shall conform to the applicable regulations
of the district in which it is located except as specifically otherwise
provided.
(2)
No accessory use or structure shall be permitted that by reason of
noise, dust, odor, appearance, or other objectionable factor creates
a nuisance or substantial adverse effect on the property value or
reasonable enjoyment of the surrounding properties.
(3)
Accessory structures shall reflect or compliment the character or
materials of the primary structure.
(4)
In all districts, any permanent roofed structure serving an accessory
use if attached to the principal building shall be considered as part
of such principal building for all regulatory purposes. If such structure
is a building and is not attached to the principal building, it shall
conform to the building location, height, and open space requirements
of the district in which such building is located.
(5)
Time of construction. No accessory building or structure shall be
constructed on any lot prior to the time of construction of the principal
building to which it is accessory, unless expressly permitted by the
Zoning Board of Appeals.
B.
Residential districts. Detached accessory structures located on parcels
in a residence district where the principal use is present, including
guest houses and excepting boat houses, shall be permitted subject
to the following:
[Amended 11-6-2018 by Ord. No. 1197A]
(1)
Placement of accessory buildings or structures. Accessory buildings
or structures shall be situated in the rear or interior side yard,
and they may not have a setback from the front lot line that is less
than the setback of the principal building.
(2)
Percentage of rear yard occupied. In residential districts, the cumulative
area of all accessory buildings or structures shall not exceed 30%
of the rear yard.
(3)
Maximum size of accessory buildings and structures. In all residential districts the maximum size of an accessory building or structure on a property may not exceed 1,200 square feet, nor shall the cumulative aggregate square footage of all accessory structures on a property exceed 1,200 square feet, unless such accessory building or structure is part of an approved site plan for a multifamily residential use or a boat house as approved under § 660-33.
(4)
Height of accessory buildings and structures. No detached accessory
building or structure shall exceed the height of the principal building
or structure.
(5)
Number. The total number of accessory structures permitted on a lot shall not be limited, except that the aggregate square footage of the accessory structures shall not exceed the regulations outlined in Subsection B(3) above.
(6)
Use restricted. No private garage in a residence district shall be
used for operation of any metalworking, woodworking, masonry, carpentry,
contracting, or repair business except as a permitted accessory use
or home occupation.
C.
Boathouses. Properties within the LRO, Lakeshore Residence Overlay District, are permitted one boathouse, as an accessory structure, subject to provisions contained in § 660-33.
D.
Agricultural districts and uses. Detached accessory structures located on parcels in the RD District, where said parcels are equal or greater than five acres in area, are subject to the regulations of the district pursuant to Article III.
E.
Business and industrial districts. Detached accessory structures
located on parcels in any Business or Industrial Zoning District where
the principal use is present shall conform to the bulk requirements
of the zoning district.
A.
Purpose. The purpose of this section is to regulate the materials,
location, height and maintenance of fencing, landscaping walls and
decorative posts (such as entry pillars, bollards, or columns) in
order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Permit. An approved zoning permit from the Zoning Enforcement Officer
shall be required for all fences regulated by this chapter.
C.
Applicability. The requirements of this section apply to all fencing,
landscape walls and decorative posts equal to, or exceeding, 30 inches
in height, for all land uses and activities.
D.
Standards.
(1)
Materials.
(a)
Residential districts. Acceptable materials for constructing
fencing, and decorative posts include wood, stone, brick, wrought
iron, chain link, and wire mesh, except that wire-mesh fencing is
not permitted within required front yard or street yard areas or around
swimming pools. Any fence within a street yard, including along property
lines that intersect a right-of-way, shall be a maximum of 50% opaque.
(b)
Nonresidential districts. Acceptable materials for constructing
fencing and decorative posts include wood, stone, brick, wrought iron,
chain link, and wire mesh. Barbed-wire fencing is permitted to create
a security fence, at heights equal to or greater than 10 feet. Any
fence within a street yard, including along property lines that intersect
a right-of-way, shall be a maximum of 50% opaque.
(c)
Temporary fencing. Temporary fencing, including the use of wood
or plastic snow fences for the purposes of limiting snow drifting
between November 1 and April 1, the protection of excavation and construction
sites, and the protection of plants during grading and construction,
and for security fencing of permitted temporary use or temporary outdoor
entertainment areas, is permitted. Fencing for excavation sites shall
be a minimum of 48 inches in height.
(d)
Snow fences. Snow fences constructed of wood and wire and/or
plastic shall be permitted only as temporary fences.
(2)
Location. On all properties, no fence or decorative post shall be
located closer than one foot to the right-of-way line. Fences may
be located on any property line abutting a side or rear yard, unless
the lot is developed as a twin home, in which case no fence may be
built on the interior common lot line lying within the front setback
area.
(3)
Maximum height. The maximum height of any fence or decorative post
shall be the following:
(a)
Four feet when located within a required front yard or required
street yard on any property;
(b)
Six feet when located on any residentially zoned property, but
not within a required front yard or a required street yard; and
(c)
Six feet when located on any nonresidential zoned property,
but not within a required front yard or a required street yard, except
that security fences may exceed this height.
(d)
The maximum heights listed for Subsection D(3)(a) through (c), above, may be exceeded with the approval of a conditional use permit per § 660-195. The following conditions (at a minimum) shall be established for such requests:
(4)
Orientation. Any and all fences or decorative posts shall be erected
so as to locate visible supports and other structural components toward
the subject property.
(5)
Maintenance. All fences or decorative posts shall be maintained in
a structurally sound and attractive manner.
Retaining walls may be permitted anywhere on the lot; provided,
however, that no individual wall shall exceed six feet in height,
and a terrace of at least three feet in width shall be provided between
any series of such walls. Landscape walls may also be permitted anywhere
on the lot; however, when situated in a front yard or street yard,
shall not exceed a height of four feet and shall be constructed in
such a way, so that, by means of spaces between wall components or
spaces that are part of the wall itself, opacity does not exceed 50%.
Both retaining walls and landscape wall shall be no closer than three
feet to the right-of-way without approval of the Public Works Director.
All satellite dishes or antennas located in the City of Lake
Mills shall conform to the following regulations contained herein:
A.
Size. Satellite dishes or antennas shall not exceed a diameter of
two feet unless approved by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Location. All dishes and antennas shall be located at least 10 feet
from a side or rear property line. Dishes and antennas shall not be
located between the public right-of-way and the principal structure.
On corner lots, the dish or antenna shall not be located closer to
the street than the principal structure (that portion of the principal
structure closest to the street).
C.
Screening. All ground- or pole-mounted satellite dishes or antennas
shall be screened from view from any street by an opaque fence, wall
or hedge of a minimum of six feet in height.
A.
Structures six inches or more in height. Structures not classified
as buildings and six inches or more in height from the surface of
the ground shall be subject to the setback, offset, height, open space,
and architectural requirements of this chapter except as may be specifically
otherwise provided.
B.
Children's play houses and structures. Play structures, houses, swing
sets, and other similar structures shall be specifically exempt from
the regulations of this chapter.
C.
Underground buildings and structures. Any structure classified as
a building and not extending more than six inches above the surface
of the ground shall not be subject to the setback, offset, building
size, or open space requirements of this chapter.
A.
General.
(1)
All business, sales, service, storage and display of goods, manufacturing,
and repairs shall be conducted wholly within enclosed buildings, except
where a permanent or temporary outdoor use is specifically allowed
by this chapter.
B.
Outdoor dining.
(1)
Permanent outdoor dining shall be permitted only as an accessory use to a restaurant or when specifically permitted in conjunction with a temporary use as outlined in Chapter 548, Sidewalk Cafes, of the Code of the City of Lake Mills.
(2)
Outdoor dining areas shall not be located in a required yard abutting
any residential district.
C.
Outdoor entertainment. Outdoor Entertainment shall be permitted only as an accessory use to a restaurant, tavern, or brewery, except as a temporary use in accordance with § 660-29B.
D.
Outdoor sales. This subsection regulates outdoor sales areas that are used for longer periods of time than temporary outdoor sales areas permitted in § 660-29B(1), whether permanent or seasonal. These outdoor sales areas are permitted only if allowed by the regulations of the zoning district in which the lot is located, and shall conform to the following requirements:
(2)
Location. Outdoor sales shall not be conducted within 50 feet of
any residential zoning district unless screened from view. Outdoor
sales shall be conducted only within the designated area.
(3)
Screening. Screening shall consist of an opaque barrier of landscaping,
walls, fencing, berms or other methods sufficient in density and height
to mitigate sight lines and noise as much as practicable from the
lot line of any lot in a residential zoning district, and from the
street.
(4)
Maintenance. Outdoor sales areas and the surrounding premises shall
be maintained in an orderly manner, free of litter and other refuse.
Storage of goods for sale shall be no more than five feet in height.
Outdoor sales shall not obstruct required access to buildings or parking
spaces on the site, or to adjoining property.
E.
Outdoor storage.
(1)
Approval. Outdoor storage for all nonresidential land uses shall be permitted by conditional use in accordance with § 660-195.
(2)
Location. Outdoor storage shall not be permitted in a required yard.
(3)
Visibility. Outdoor storage shall not be visible from any:
(a)
Public street or freeway;
(b)
Existing or planned residential area;
(c)
Publicly accessible open space area, parking area, access driveway,
or other similar thoroughfare;
(d)
Publicly accessible space of any public, quasi-public, commercial
or industrial use; or
(e)
Undeveloped property where public access to areas adjoining
the outdoor storage use is likely.
(4)
Screening. The following minimum screening requirements shall apply to outdoor storage adjacent to or potentially visible from public streets and publicly accessible areas identified in Subsection E(3) of this section:
(a)
A solid masonry wall or opaque fence not more than eight feet
high. Screening walls and fences shall be architecturally compatible
with the principal structure.
(b)
No storage may exceed the height of the screening wall or fence.
(c)
Screening landscaping in the street frontage yard, located in
front of the wall or fence, to soften the view shall be required.
(d)
No screening wall or fence shall be located within a required
yard.
(5)
Surfacing. Outdoor storage areas shall be located on a concrete or
bituminous surface draining to an approved stormwater management system.
Outdoor storage areas may be surfaced with partially permeable materials
with Plan Commission approval.
A.
RVs, trailers or boats not meeting the standards set forth in this section shall not be stored in any residential district, except that a trailer may be used, in accordance with § 660-29B(6) of this chapter, as a temporary office or storage space incidental to construction.
B.
RVs and trailers shall not be permitted in any district as accessory
buildings. An RV or trailer shall not be used as a dwelling, storage,
or accessory building, except that an RV may be parked or occupied
for lodging purposes on the same lot as a dwelling for not more than
10 days in any consecutive thirty-day period.
C.
An RV, trailer or boat shall not be stored in connection with a business
conducted at the location.
D.
A stored RV, trailer or boat shall be maintained in mobile condition.
No major construction or repair of a stored trailer or boat shall
be performed on a lot used for residential purposes.
E.
The state license plates and display title shall be current and properly
displayed. The lot owner shall have, and display upon request to authorized
City officials, proof of ownership of any stored RV, trailer or boat.
F.
A boat, RV, or trailer shall not be parked or stored in such manner
as to create a dangerous or unsafe condition on the lot. Parking or
storage in such fashion that it may readily tip or roll shall be considered
a dangerous and unsafe condition. The boat, RV, or trailer shall not
be stored with flammable liquids aboard in portable containers.
G.
No trailer or boat stored in a residential district shall exceed:
10 feet in height as parked, including trailer cradle or mount, but
excluding mast; 30 feet in body length, excluding trailer hitch, tongue,
and bumper; and nine feet in body width, excluding hardware.
I.
No animal transport trailer shall be stored in any residential district.
A.
Location. Firewood shall not be stored in the front yard on residentially zoned property, and may not be located closer than three feet to any lot line, except when stacked against a fence in accordance with Subsection B below.
B.
Stacking. Firewood should be neatly stacked and may not be stacked
higher than five feet from grade, except adjacent to a fence, where
firewood can be stacked against the fence as high as the fence. Fences
as used in this section shall not include hedges and other vegetation.
C.
Nuisance. Woodpiles that contain diseased wood that is capable of
transmitting disease to healthy trees and woodpiles that harbor or
are infested or inhabited by rats or other vermin are public nuisances
and may be abated pursuant to the provisions of the Municipal Code.
A.
No open storage of construction materials, junk, refuse, scrap, or
disabled or damaged motor vehicles shall occur in any zoning district.
This limitation shall not apply to the open storage of materials actively
being used for the construction or repair of a building or structure
on the same property, provided that no such storage shall continue
after completion of the construction or repairs. Nor shall this limitation
apply to disabled or damaged motor vehicles awaiting repair at an
automobile service station or vehicle sales, rental or servicing establishment.
B.
Notwithstanding Subsection A above, open storage of construction materials is permitted in the PB, PI, I1, and I2 Districts as an accessory use when approved as a conditional use in accordance with the procedures and standards set forth in § 660-195 of this article. Any such materials in open storage shall be screened from the view of the street and abutting properties to a height of at least six feet by a solid fence and/or evergreen vegetation.
C.
The keeping of inoperable motor vehicles in open storage shall be
subject to forfeitures and removal by the Lake Mills Police Department
in accordance with the Municipal Code.
A.
Intent. The purpose of this section is to establish minimum requirements
for the construction and placement of those structures intended for
use for a period of less than 180 days and to safeguard the public
health, safety, comfort and general welfare of the residents by ensuring
that a temporary structure does not create an undesirable impact to
nearby properties.
B.
Use.
(1)
Temporary structures shall not be used for vehicular storage, RV
or trailer storage, marine equipment or for general storage purposes.
(2)
Temporary structures shall not occupy any on-site parking spaces so as to reduce the number of parking spaces required by § 660-41 of this chapter.Nor shall such structures interfere with drive aisles, site ingress/egress, vision triangles, required setbacks, or required buffer yards.
(3)
Temporary structures used for purposes of outdoor display and sales
of merchandise shall only be permitted in the B2 and PB Districts.
C.
Number. Only one temporary structure may be erected on a property
at any one time unless additional structures are approved for special
events by the City.
E.
Other conditions.
(1)
Temporary structures must be affixed to the ground or a structure
to prevent the wind from relocating the structure.
(2)
Temporary structures greater than 400 square feet in floor area and
erected for more than 180 days are regulated by the Wisconsin Building
Code, require a building permit and must comply with all Zoning Code
regulations.
F.
Permit. A permit shall be required for all temporary structures,
unless otherwise exempt. The owner or tenant must contact the Zoning
Enforcement Officer and provide the name and address of the applicant,
and the description and location of the structure to be erected prior
to installation.
G.
Exceptions. Tents or flies of less than 400 square feet in floor
area, erected for recreational purposes.
H.
Fees. No permit fee shall be required for a temporary structures
erected for recreational purposes when located on property used for
residential purposes.
I.
Application requirements. Prior to the issuance of a permit to erect
any temporary structure, the Code Enforcement Department shall approve
all applications for the proposed temporary structure. The application
shall contain the following:
(1)
Application must be made on the forms provided by the Code Enforcement
Department requesting approval and the term of said use.
(2)
A site map of the subject property showing all lands for which the
temporary structure is proposed as well as all other lands within
200 feet of the boundaries of the subject property.
(3)
The site map shall clearly indicate the existing structures on the
subject property and its environs including all utilities, all lot
dimensions, setbacks for the temporary structure, a graphic scale,
and a North arrow.
(4)
A written description of the proposed temporary use describing the
type of activities and the type of structures proposed for the subject
property.
A.
General provisions.
(1)
A permit shall be required for temporary uses allowed in this chapter,
except that temporary uses operated or sponsored by a governmental
entity and located on a lot owned by that entity do not require a
permit, but shall otherwise be subject to the requirements of this
chapter.
(2)
The applicant shall submit a site plan or other suitable description
to the Zoning Enforcement Officer, with any required permit fee. As
a condition of permit issuance, the Zoning Enforcement Officer may
require conformance with specific conditions regarding the operation
of the temporary use as may be reasonably necessary to achieve the
requirements of this chapter. If the Zoning Enforcement Officer finds
that the applicable requirements have not been met, he may revoke
the permit and may require the cessation of the temporary use. Where
a permit for a temporary use has been revoked, no application for
a new permit shall be approved within six months following revocation.
(3)
All temporary uses, including but not limited to those enumerated in Subsection B below shall comply with the following requirements:
(a)
No temporary use shall be established or conducted so as to
cause a threat to the public health, safety, comfort, convenience
and general welfare, either on or off the premises.
(b)
Temporary uses shall comply with all requirements of the Municipal
Code.
(c)
Temporary uses shall not obstruct required fire lanes, access
to buildings or utility equipment, or egress from buildings on the
lot or on adjoining property.
(d)
Temporary uses shall be conducted completely within the lot
on which the principal use is located, unless the City Council authorizes
the use of City-owned property or right-of-way.
(e)
When a permit is required for a temporary use, the Zoning Enforcement
Officer shall make an assessment of the number of parking spaces reasonably
needed for the permanent uses on the lot where the proposed temporary
use is to be located and the availability of other public and private
parking facilities in the area. The Zoning Enforcement Officer may
deny the permit for a temporary use if he finds that its operations
will result in inadequate parking being available for permanent uses
on the same lot that are not connected with the business proposing
the temporary use.
B.
Permitted temporary uses.
(1)
Temporary outdoor sales. Temporary outdoor sales shall be limited
to three events within one calendar year per lot. These events shall
be restricted to the following time limits: one event of not more
than 90 days, and two events of not more than 30 days each.
(2)
Public markets, farmers markets, and farm stands. Public markets, farmers markets, and farm stands shall be regulated in accordance with Chapter 512, Public Market, of the Code of the City of Lake Mills.
(3)
Outdoor arts, crafts and plant shows, exhibits and sales. Outdoor
arts, crafts and plant shows, exhibits and sales conducted by a nonprofit
or charitable organization shall be permitted in any nonresidential
zoning district, and may be conducted in addition to the time limits
for outdoor sales areas for a period of not more than seven days.
(4)
House, apartment, garage and yard sales. House, apartment, garage
and yard sales are allowed in any residential district, when the offering
for sale includes personal possessions of, or arts and crafts made
by, the owner or occupant of the dwelling unit where the sale is being
conducted; in addition, personal possessions of other neighborhood
residents may also be offered for sale. Such uses shall be limited
to a period not to exceed three consecutive days, and no more than
two such sales shall be conducted from the same residence in any twelve-month
period. A permit or prior approval of the City shall not be required
for such uses.
(5)
Temporary outdoor entertainment.
(a)
Temporary outdoor entertainment shall be permitted as part of
a community festival or an event hosted by the City, park district,
school district, or other governmental body, or as a temporary accessory
use to a private business use. When temporary outdoor entertainment
is conducted as part of a community festival or event, no permit is
required; when conducted as an accessory use to a business use, a
permit is required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
The application for a permit for temporary outdoor entertainment
shall be submitted a minimum of 30 days before the date that the outdoor
entertainment event is to commence. A combined permit may be substituted
for temporary use and temporary outdoor entertainment permits under
this section. The applicant is encouraged to meet with the City staff
to discuss the application and coordinate services that may be provided
by the City. The Zoning Enforcement Officer may refuse to issue a
permit for temporary outdoor entertainment when the application is
received less than 30 days before the date that the entertainment
is to commence, if he finds that there is inadequate time to review
the application and arrange for the provision of necessary City services.
(c)
A permit for temporary outdoor entertainment accessory to a
business use shall be limited to a maximum of three days. The maximum
cumulative time any business shall conduct temporary outdoor entertainment
operations shall be 15 days per calendar year. The hours of operation
shall be set in the permit.
(6)
Temporary contractor trailers and real estate model units. Temporary
contractor trailers and real estate sales trailers or model units
shall be permitted in any zoning district when accessory to a construction
project for which a building permit or site development permit has
been issued. Such uses shall be limited to a period not to exceed
the duration of the active construction phase of such project or the
active selling and leasing of space in such development, as the case
may be. No such use shall contain any sleeping or cooking accommodations,
except those located in a model unit.
A.
Use. The boathouse must be designed and used principally for the
storage of boats and accessory marine equipment normally used in the
daily activities of lakefront property and which typically includes
a large overhead door for primary access on the side of the structure
facing the water. Boathouses shall not be permitted to be connected
to public utilities other than electricity.
B.
Number. Only one boathouse shall be permitted on a lot.
C.
Plat of survey. Submission of a plat of survey shall be required
depicting the location and dimensions of all existing structures located
on the premises, the distances between such structures and all lot
lines, the height of any such structures, the ordinary high-water
mark, the meander lines, structures on adjacent properties within
100 feet, and other information as required by the Plan Commission.
D.
Timing of construction. A boathouse shall be considered an accessory
building to a primary structure and shall not be constructed prior
to construction of the principal building on a lot.
E.
Location. The construction or placing of a boathouse below the ordinary high-water mark (OHWM) of any navigable waters is strictly prohibited. Boathouses shall be located a minimum of three feet from the OHWM, and a minimum distance from the side lot line that is equivalent to the side yard setback requirements for a principal structure within the zoning district. Boathouses shall be placed within the vision and access corridor if they are to be located within the shoreland buffer as set forth in § 660-34.
F.
Height. The highest point of the roof elevation shall not be more
than the vertical measurement of 12 feet above the lowest elevation
of the boathouse structure. Any railing on the roof may not exceed
3.5 feet and such railing may not be solid in appearance.
G.
Size. Boathouses shall not exceed 400 square feet in area.
H.
Stairways and pathways. Stairways or pathways used for access to
the lake and to the boathouse shall be located within the vision and
access corridor. If stairways or pathways already exist within the
shoreland buffer, relocation of those stairways or pathways to the
vision and access corridor may be required under the conditional use
permit.
I.
Other structures. If other structures already exist within the shoreland
buffer, removal or relocation of those structures may be required
under the conditional use permit.
J.
Habitation. A boathouse may not be habitable as defined in this chapter.
Final decision as to whether any boathouse would be considered habitable
will be determined by the Zoning Enforcement Officer.
K.
Design. The architectural design of the boathouse, and any associated
stairs or paths, shall be harmonious with the surrounding landscape
and shall have a minimal visual impact when viewed from the water.
L.
Existing boathouses. All existing boathouses that were lawfully constructed
prior to the enactment of this chapter shall remain legal, nonconforming
uses, and such boathouses may be maintained, but they may not be enlarged
without obtaining a new conditional use permit and without coming
into compliance with the terms of that new conditional use permit.
M.
Additional requirements. Boathouses must also comply with the provisions outlined in § 660-34, Shoreline Preservation and Vision and Access Corridor; § 660-35, Filling, grading, lagooning, dredging, ditching, and excavating; § 660-129, Shoreland-Wetland Overlay (SWO) District; § 660-199, Floodplain zoning administration and procedures.
A.
Vision and access corridor. There shall be a vision and access corridor
in which vegetation may be removed and trees and shrubs trimmed. This
vision and access corridor shall be an area that does not exceed 30
feet if the lot as measured at the OHWM is 100 feet or more in width.
If the lot as measured at the OHWM is less than 100 feet in width,
then the vision and access corridor shall be no more than 30% of the
lot width.
B.
Shoreland buffer. A strip of vegetative cover shall be maintained
that extends 35 feet inland from the OHWM and the entire width of
the lot; except within the vision and access corridor. In those cases
where the residential property is split by a public right-of-way,
the shoreland buffer shall apply between the edge of the right-of-way
closest to the OHWM and the OHWM, if that distance is less than 35
feet. Boathouses shall be placed within the vision and access corridor
if they are to be located within the shoreland buffer.
C.
Measuring shoreland buffer. If the slope extending landward from the OHWM within the shoreland buffer area is less than 20%, then the 35 feet may be measured along the land surface. If the slope is equal to or greater than 20%, then the shoreland buffer area shall be the horizontal distance of 35 feet from the OHWM. (See Figure 2.1 and Figure 2.2, § 660-33.)
D.
Shoreline vegetation. The shoreline shall be vegetated with ground
cover in all areas within 10 feet of the OHWM within the vision and
access corridor, with the exception of areas covered with boathouses,
stairways, and paths providing access to piers. Use of native plants
is encouraged. If naturally occurring sand is already present at the
time of adoption of this chapter, such sand may also be considered
as meeting this requirement to the extent that it is naturally occurring
and already present on the effective date of this chapter.
E.
Vegetation removal.
(1)
Purpose. The purpose of vegetation removal regulations applicable to the shoreland area is to protect scenic beauty, control erosion and replace effluent and nutrient flow from the shoreland. These provisions shall not apply to the removal of dead, diseased or dying trees or shrubbery at the discretion of the landowner, or to the removal of noxious, nuisance or invasive species as they are defined in §§ 271-3 and 271-6 of the Code of the City of Lake Mills[1] or to silvicultural thinning upon recommendation of a
forester.
(2)
Shoreline cutting and vegetation removal.
(a)
Vegetation may be removed and trees and shrubs may be trimmed within the vision and access corridor, but removal shall not occur within the shoreland buffer described in Subsection B, unless such removal is performed on diseased or dying vegetation. To the extent practicable, healthy individual trees of twelve-inch caliper or larger and healthy stands of 10 or more trees of six-inch caliper or larger shall be preserved. Within the shoreland buffer, routine pruning may be done, but not to the extent of jeopardizing the health and viability of trees or shrubbery.
(b)
If vegetation has already been removed or tree and shrubbery
cutting has already occurred within the shoreland buffer, and that
vegetation removal or cutting has already occurred outside the vision
and access corridor, then mitigation and restoration or partial restoration
may be required as a condition of approval of permits within the shoreland
buffer.
(c)
Natural shrubbery shall be preserved as far as practicable and,
where removed, it shall be replaced with other vegetation that is
equally effective in retarding runoff, preventing erosion and preserving
natural beauty.
(3)
Paths, roads, stairways and other structures. Any path, road or passage within the thirty-five-foot strip shall be constructed and surfaced as to effectively control erosion. A conditional use is required under § 660-129J(3). Lake access stairways, pathways, or roads shall be located within the vision and access corridor. New structures allowed within 35 feet of the OHWM shall be located within the vision and access corridor.
(4)
Alternative cutting plan. An alternative cutting plan allowing greater cutting than permitted under this section may be permitted by the Plan Commission by issuance of a conditional use permit, under § 660-195 of this chapter. In applying for such a permit, the commission shall require the lot owner to submit a scale drawing of the lot, including the following information: location of parking, existing structures, paths, and stairs located within the shoreland buffer and vision and access corridor, gradient of the land, existing vegetation, proposed cutting, and proposed replanting. The Commission may grant such a permit only if it finds that such special cutting plans:
(a)
Will not cause undue erosion or destruction of scenic beauty.
(5)
Cutting more than 35 feet inland. From the inland edge of the thirty-five-foot
strip to the outer limits of the shoreland, the cutting of trees and
shrubbery shall be allowed when accomplished using accepted forest
management practices and sound soil conservation practices which protect
water quality.
A.
General standards. Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under Subsection B below is permitted in the shoreland area, provided that:
(1)
It is done in a manner designed to minimize erosion, sedimentation
and impairment of fish and wildlife habitat.
(2)
Filling, grading, lagooning, dredging, ditching or excavating in a Shoreland-Wetland District meets the requirements of § 660-35 of this chapter.
(3)
A state or federal permit is obtained in addition to a permit under
this chapter, if state or federal laws require the issuance of a permit
for the filling, grading, lagooning, dredging, ditching or excavating
that is proposed.
(4)
Any fill placed in the shoreland area is protected against erosion
by the use of riprapping, vegetative cover or a bulkhead.
B.
Permit required. Except as provided in Subsection C herein, a conditional use permit is required:
(1)
For any filling or grading of the bed of a navigable body of water.
(2)
For any filling or grading of any area which is within 300 feet of
the ordinary high-water mark of a navigable water and which has surface
drainage toward the water and on which there is either:
(a)
Filling or grading where a single area of more than 100 square
feet is exposed or where the cumulative exposed area exceeds 300 square
feet.
(b)
Any filling or grading on slopes of 20% or more.
(c)
Filling or grading of more than 1,000 square feet on slopes
of 12% to 20%.
(d)
Filling or grading of more than 2,000 square feet on slopes
of 12% or less.
(3)
Before constructing, dredging or commencing work on any artificial
waterway, canal, ditch, lagoon, pond, lake or similar waterway which
is within 300 feet of the ordinary high-water mark of a navigable
body of water or where the purpose is the ultimate connection with
a navigable body of water.
C.
Soil conservation practices. Soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation shall not require a permit under Subsection B herein.
D.
Permit conditions. In granting a conditional use permit under § 660-195, the City Plan Commission shall attach the following conditions where appropriate, in addition to those provisions specified in §§ 660-187 and 660-188.
(1)
The smallest amount of bare ground shall be exposed for as short a time as feasible. Erosion control measures outlined in § 660-143 shall be followed.
(2)
Temporary ground cover (such as mulch) shall be used and permanent
cover (such as sod) shall be planted.
(3)
Diversion, silting basin, terraces and other methods shall be used
to trap sediment.
(4)
Lagooning shall be conducted in such a manner as to avoid creation
of fish trap conditions.
(5)
Fill shall be stabilized according to accepted engineering standards.
(6)
Fill shall not restrict a floodway or destroy the storage capacity
of a floodplain.
(7)
Sides of a channel or artificial watercourse shall be stabilized
to prevent slumping.
(8)
Sides of channels or artificial watercourses shall be constructed
with slopes (side) of two units horizontal distance to one unit vertical
or flatter, unless bulkheads or riprapping are provided.
Individual sewage disposal systems are expressly prohibited
unless specifically approved by the Zoning Board of Appeals after
public hearing.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of vehicular visibility. The requirements of this section shall not
be imposed in the downtown area.
B.
Vision clearance triangle.
(1)
In each quadrant of every street intersection in every district except
the B1 Downtown Business District, there shall be designed a vision
clearance triangle, formed by the two intersecting rights-of-way and
a vision line connecting the rights-of-way and extending to the street
edge (see Figure 2.3), as determined by the Zoning Enforcement Officer.
The following standards shall apply:
Table 2.1: Minimum Vision Clearance Triangle
| ||
---|---|---|
Right-of-Way Width
(feet)
|
Distance from Right-of-Way Intersection
(feet)
| |
Less than 66
|
15
| |
76 to 99
|
20
| |
More than 99
|
25
|
(2)
Within the vision clearance triangle, no signs, parking spaces, structures,
or earthwork in excess of 30 inches, and no vegetation, fencing, nor
other such obstructions between 30 inches and eight feet in height
shall be permitted which exceeds 30 inches in height above either
of the center line elevations of said two streets. This provision
shall not apply to tree trunks or posts.
C.
Depiction on required site plan. Except in the downtown where no requirement is imposed, any and all visibility triangles located on the subject property shall be depicted as to their location and configuration on the site plan as outlined in § 660-205 required for the development of the subject property.
A.
Single- and two-family residential properties.
(1)
Number of driveways. Single-family uses are limited to one driveway
per lot unless otherwise regulated in this chapter. Two-family uses
are permitted two driveways per lot unless otherwise regulated in
this chapter.
(2)
Setback. Driveways shall have a minimum setback of five-feet from
the side lot line on all parcels.
(3)
Width. (See Figure 2.4.)
(a)
Minimum. The minimum width of driveways shall be eight feet.
(b)
Maximum.
[1]
At the curbline or road edge. The maximum width of driveways
as measured at the curbline or road edge shall be the lesser of 24
feet or the width of the garage, including the taper.
[2]
At the right-of-way line. The maximum width of driveways as
measured at the right-of-way line shall be the lesser of 18 feet or
the width of the garage.
[3]
Where no garage exists, the maximum driveway width shall be
12 feet and shall be situated as not to create parking located in
the required front yard.
[5]
Drives for two-family residences with adjacent garages are limited
to the twenty-four-foot maximum width at the property line. Each individual
driveway may be separated by a green area extending from the street
edge or curbline to the garage/parking space. (See Figure 2.6.)
(c)
Circular drives. Circular, horseshoe, and similar type driveways
shall be permitted where the minimum lot width is at least 150 feet
and where approved by the Director of Public Works. The maximum width
of such a driveway shall not exceed 12 feet, except for the area of
allowable paving in front of the garage, and the inside edge of the
arc of the driveway shall be at least 25 feet from the lot line. For
driveways with two curb openings, the spacing shall provide a minimum
dimension of 50 feet between the inside driveway edges, measured at
the lot line.
(d)
One uncovered parking space is permitted alongside a garage
when said space is not located between the building and the street
or the building and the rear lot line and is no closer than five feet
from a side lot line. Said space must be screened from view. (See
Figure 2.7.)
(4)
Curb openings. The maximum curb opening shall be determined by adding
five feet to the approved driveway width.
(6)
Surfacing. Driveways and parking spaces shall have a dust-free surface
in accordance with Table 2.2: Surfacing Standards for Driveways and
Parking Areas, below. Permeable pavers may also be used for surfacing,
installed to recognized industry standards that achieve the same or
better structural integrity as other materials specified in this section.
(7)
Maintenance. All driveways shall be kept in good repair and working
order. A legal agreement shall be required for all shared drives outlining
maintenance responsibilities for adjacent property owners. Said agreement
shall be recorded against the properties with the Jefferson County
Register of Deeds.
B.
Multifamily residential, commercial, and industrial use drives.
(1)
Number of driveways. The maximum number of driveways shall be established
by the Director of Public Works.
(2)
Location. All drives shall be located a minimum of 100 feet, as measured
from the nearest point, from all other driveways.
(3)
Setback. Driveways shall have a minimum setback of eight feet from
the side lot line on all parcels.
(4)
Width. The maximum width of a driveway for all multifamily residential,
commercial, and industrial uses shall not exceed 30 feet.
(5)
Curb openings. The maximum curb opening shall be determined by adding
10 feet to the approved driveway width.
C.
Shared driveways.
(1)
Statement of purpose. The purpose of this regulation is to provide
for the possibility of a shared driveway to serve up to two lots.
The shared driveway may be permitted by the Director of Public Works,
provided the shared driveway will meet the standards and criteria
listed below.
(2)
Standards and criteria for a shared driveway:
(a)
The shared driveway shall meet all of the criteria set forth
in the regulations for driveways in this section.
(b)
The deeds for any lots which utilize a shared driveway shall
include all appropriate easements to pass; to install utilities as
necessary; to grade, drain, and maintain; and provide easements where
required by the City. A driveway maintenance requirement shall be
stipulated in the deeds of both lots. Such deeds shall also contain
a provision that the driveway shall not be used for access to any
other property.
(c)
Access. The shared driveway shall intersect with an existing
or proposed public street.
Table 2.2: Surfacing Standards for Driveways and Parking
Areas
| |||||
---|---|---|---|---|---|
Asphalt
|
Concrete
| ||||
Surface
(inches)
|
Base
(inches)
|
Surface
(inches)
|
Base
(inches)
| ||
Driveways, one- and two-family
|
2
|
4
|
4
|
4
| |
Parking lots, commercial and multifamily
|
3
|
8
|
6
|
4
| |
Loading areas and drives, commercial
|
4
|
8
|
7
|
4
| |
Loading areas and drives, industrial
|
4
|
10
|
7
|
4
|
A.
Traffic circulation and traffic control. Site circulation shall be
designed to provide for the safe and efficient movement of all traffic
entering, exiting, and on the site. Circulation shall be provided
to meet the individual needs of the site with specific mixing of access
and through movements, and shall be depicted on any required design
plan. Circulation patterns shall conform to the general rules of the
road and all traffic control measures shall meet the requirements
of the Manual of Uniform Traffic Control Devices.
B.
Maintenance of off-street parking and traffic circulation areas.
All off-street parking and traffic circulation areas shall be maintained
in a dust-free condition at all times. In no instance or manner shall
any off-street parking or traffic circulation area be used as a storage
area.
C.
Traffic circulation design standards.
(1)
Marking. All off-street parking and traffic circulation areas shall
be paved with a hard, all-weather surface, to the satisfaction of
the Zoning Administrator. Said surfaces intended for four or more
parking stalls shall be marked in a manner that clearly indicates
required parking spaces.
(2)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit to ensure the safe and efficient use of said areas during the hours of use. Said illumination shall meet the standards of § 660-142 of this chapter.
(3)
Fire lanes. A fire lane shall be required to provide access to any
portion of any structure equal to or less than 40 feet tall that is
more than 150 feet from the nearest street right-of-way, and to any
portion of any structure greater than 40 feet tall that is more than
50 feet from the nearest street right-of-way. The Zoning Administrator
may also require the provision of a fire lane or lanes to any part
of any structure upon a determination that the distance of the structure
from the nearest hydrant, the configuration of development on the
site, or other special characteristics of the site otherwise inhibit
effective fire extinguishment. All fire lanes shall provide clear,
unobstructed access for vehicles and apparatus at all times through
a combination of pavement marking and signage; shall be a minimum
of 18 feet wide; and shall be surfaced as an all-weather roadway.
A.
General provisions. This article regulates the minimum/maximum number,
the use, the design and the maintenance of parking spaces, parking
lots, drives/driveways, aisles, loading and drive-through facilities
within the City of Lake Mills.
(1)
When required.
(a)
For all buildings and structures erected and all uses of land
established after the effective date hereof, accessory parking and
loading facilities shall be provided as required in this section.
However, where a building permit has been issued prior to the effective
date hereof, and provided that construction is begun within six months
of such effective date and diligently prosecuted to completion, parking
and loading facilities in the amounts required for the issuance of
said building permits may be provided in lieu of any different amounts
required by this chapter.
(b)
When the intensity of use of any building, structure, or premises
shall be increased through the addition of dwelling units, gross floor
area, seating capacity, employment, or other units of measurement
specified herein for required parking or loading facilities, parking
and loading facilities as required herein shall be provided for such
increase in intensity of use.
(c)
Parking is not required for nonresidential uses in the B1 Downtown
Business District. However, when off-street parking facilities are
provided, such facilities shall be provided in accordance with the
provisions of this chapter, except in respect to the required number
of spaces. Mixed-use/upper-floor residential uses need only provide
evidence of the availability of off-street public or private parking
within 1,000 feet of the unit.
(d)
Existing parking facilities. Accessory off-street parking facilities
in existence on the effective date of this chapter and located on
the same lot as the building or use served shall not hereafter be
reduced below or, if already less than, shall not be further reduced
below the requirements for a similar new building or use under the
provisions of this chapter.
(e)
Use changes. Whenever the existing use of a building or structure
shall hereafter be changed to a new use, parking or loading facilities
shall be provided as required for such new use. However, if the said
building or structure was erected prior to the effective date of this
chapter, additional parking or loading facilities are mandatory only
in the amount by which the requirements for the new use would exceed
those for the existing use, if the latter were subject to the parking
and loading provisions of this chapter.
(f)
Damage or destruction. For any conforming or legally nonconforming
building or use which is in existence on the effective date of this
chapter, which subsequently thereto is damaged or destroyed by fire,
collapse, explosion, or other cause, and which is reconstructed, reestablished,
or repaired, off-street parking or loading facilities need not be
provided, except that parking or loading facilities equivalent to
any maintained at the time of such damage or destruction shall be
restored or continued in operation. However, in no case shall it be
necessary to restore or maintain parking or loading facilities in
excess of those required by this chapter for equivalent new uses or
construction.
(2)
Location.
(a)
All parking spaces shall be located on the same lot as the structure
or use that they are intended to serve, unless otherwise specified
in this chapter. In cases where parking facilities are permitted on
land other than the zoning lot on which the building or use served
is located, an agreement allowing shared parking facilities shall
be required between the property owners. Such agreement may be either
by deed or long-term lease. The owner of the land on which the parking
facilities are to be located shall be bound by covenants filed on
record in the office of the Register of Deeds of Jefferson County,
requiring such owner, his or her heirs and assigns, to maintain the
required number of parking facilities for the duration of the use.
The recorded document shall be provided to the City.
(b)
There shall be no parking in required parking setback areas
or outside of designated parking spaces, except in the driveways of
single-family and two-family dwellings. The following regulations
shall also apply:
[1]
Transitional or buffer yards as regulated in § 660-113 of this chapter take precedent over zoning district setback requirements.
[2]
Vehicular access easements across side and rear yard setbacks
of adjoining parking and loading facilities in commercial and industrial
districts, across side and rear yards of parking and loading facilities
of uses allowed by conditional use permit in residential districts,
and across side and rear yard setbacks of multifamily developments
in multiple-family dwelling districts may be approved, provided a
cross-access easement is approved by the City Attorney and filed with
the Register of Deeds.
[3]
Multifamily dwelling uses in multifamily districts may reduce
setbacks to a ten-foot minimum rear and side yard setback for parking
lots, unless a greater setback is required per transitional buffer
yard standards, and provided the setback areas are devoted to green
area and comply with the landscaping requirements of this chapter.
(c)
Locational prohibitions for off-street parking areas. No private
parking shall occur on street terraces, driveways, or any other areas
that are located within a public right-of-way.
(3)
Calculation of requirements. Calculating the number of spaces required
shall be in accordance with the following:
(a)
Net floor area. Net floor area shall be used for the purpose
of calculating the number of off-street parking spaces required.
(b)
Assembly. In places of public assembly in which patrons or spectators
occupy benches, pews or other similar seating facilities, each 30
inches of such seating shall be counted as one seat for the purpose
of this chapter.
(c)
Capacity. In cases where parking requirements are based on "capacity"
of persons, capacity shall be based on the maximum number of persons
that may occupy a place, as determined by the Building Code.
(d)
Fractions. Where fractional spaces result, the parking spaces
required shall be construed to be the next largest number.
(e)
Shopping centers/joint parking. Except in shopping centers or
where joint parking has been approved, if a structure or site contains
two or more principal uses, each use shall be calculated separately
in determining the total off-street parking spaces required.
(f)
Unspecified uses. The Zoning Administrator shall interpret parking
space requirements for any use not specifically listed in this chapter
and shall determine the required parking from comparable uses listed
or may consult the following sources: Institute of Traffic Engineers;
Urban Land Institute; International Conference of Shopping Centers;
and the American Planning Association.
(4)
Limitations on parking facility uses. In residential districts and
on residentially used lots, accessory off-street parking facilities
shall be solely for parking of passenger vehicles, which shall be
regulated as follows:
(a)
All vehicles shall be in condition for safe and legal performance
on public rights-of-way and shall be registered, displaying current
license plates.
(b)
Vehicles and/or equipment not normally associated with a residential
use specifically prohibited from being parked or stored outdoors on
residential property include, but are not limited to:
[1]
Vehicles with a manufacturer's gross vehicle weight rating exceeding
10,000 pounds and/or are more than 21 feet in length.
[2]
Construction equipment, such as bulldozers, backhoes, skid steers,
and forklifts.
[3]
Dump and stake body style trucks.
[4]
Cube- or panel-type vans and trucks.
[5]
Landscaping business equipment such as tractors, tree spades,
graders and scrapers.
[6]
Semi-trailers and tractors.
[7]
Concession, vending and catering trailers.
[8]
Commercial/industrial equipment trailers and lifts.
(c)
A recreational vehicle (RV) may be parked on a residential property
for a period not to exceed 10 days in any thirty-day period.
(d)
Under no circumstances may any vehicle or equipment be used
as living quarters in residential areas.
B.
Parking space design.
(1)
Single- and two-family uses.
(a)
Legal parking spaces.
[1]
Parking spaces may be provided either within a garage or as
uncovered spaces on a paved surface as outlined in this section.
[2]
Parking on driveways may not encroach into the public right-of-way.
[3]
One uncovered parking space is permitted alongside a garage
when said space is not located between the building and the street
or the building and the rear lot line and is no closer than five feet
from a side lot line. Said space must be screened from view.
[4]
Impervious surface associated with rear yard parking shall be
no greater than 20% of the total rear yard area.
(b)
Surfacing. All driveways and parking areas shall have a dust-free surface in accordance with Table 2.2, Surfacing Standards for Driveways and Parking Areas, which follows § 660-39. Permeable pavers may also be used for surfacing, installed to recognized industry standards that achieve the same or better structural integrity as other materials specified in this section.
(2)
Multifamily, commercial and industrial uses.
(a)
Parking plan required. Creation of new or reconstruction/alteration of an existing parking/loading area requires a parking plan. Parking plans shall following the requirements outlined for BSO plan per § 660-205 and include the following information:
[1]
Show all lot dimensions and lot lines.
[2]
Paved areas shown and dimensioned.
[3]
The traffic pattern and parking space layout shall be indicated,
including required handicapped spaces.
[4]
The dimension of individual parking spaces and aisle width shall
be identified.
[5]
The size and location of ingress and egress openings.
[6]
The location, size at planting, and species of all landscape
plantings.
[7]
The location of all lighting systems.
[8]
Drainage and/or stormwater management plan subject to approval
by the Department of Public Works.
[9]
The site plan shall be drawn to scale.
(c)
Size of parking space. One off-street parking space shall be
at least 162 square feet of area, exclusive of adequate ingress or
egress driveways to connect with a public thoroughfare. A single stall
in any garage may replace any required parking space.
(d)
Surfacing. All driveways, access drives, parking lot aisles,
parking spaces, service areas, and all off-street parking facilities
shall be graded and surfaced so as to be dust-free and properly drained.
[1]
Dust-free surface. All driveways and open off-street parking areas shall be surfaced with a dustless all-weather material in accordance with Table 2.2, Surfacing Standards for Driveways and Parking Areas, which follows § 660-39.
[2]
Drainage. Parking areas shall be designed in such a manner so
as to not have a negative surface water drainage impact on adjacent
properties and to provide functional relief from said area. Storm
sewers which serve parking lots shall be designed to accommodate a
ten-year storm event without surcharging out of the rim.
(e)
Curbs. A minimum six-inch-high curb shall be installed around
all parking areas and internal landscape islands and end caps, except
as follows:
[1]
At designated driveways and cross-access areas.
[2]
Where bioretention methods of stormwater management are utilized
as part of an approved grading and drainage plan, alternative methods
to the installation of curbing may be considered by the Zoning Administrator,
provided that measures are taken to protect landscaping from vehicular
circulation damage.
[3]
For industrial uses within industrial zoning districts, curbing is only required adjacent to buildings, planting islands, required front yards and so that no part of a vehicle extends over or beyond any pedestrian paths or public right-of-way, unless alternative methods to curbing are approved under Subsection B(2)(e)[2].
(f)
Striping. All parking spaces and drive aisles shall be striped
and maintained in a clear and visible manner.
(g)
Maintenance of parking areas. Parking facilities and required
screening and landscaping shall be continuously maintained in good
condition and appearance. Whenever necessary, surfacing, lighting,
barriers, markings, and planting materials shall be repaired or replaced
with new materials in compliance with the provisions of this chapter.
(h)
Parking layout dimensions. Parking stalls and drive aisles shall
be installed in conformance with Table 2.3 and Figure 2.9. Parking
stall dimensions are based on the angle of the stall and the function
of the drive aisle.
Table 2.3: Recommended Minimum Parking Lot Layout Dimensions
| |||||
---|---|---|---|---|---|
Parking Angle in Degrees
| |||||
Minimum Permitted Dimensions
|
0° (parallel)
|
45°
|
60°
|
90°
| |
(feet)
| |||||
Stall width at parking angle (SW)
|
9
|
9
|
9
|
9
| |
Stall width parallel to aisle (WP)
|
18
|
12.7
|
10.4
|
9
| |
Stall depth to wall (D)
|
91
|
17.51
|
191
|
18.51
| |
Stall length (SL)
|
—
|
19.8
|
21
| ||
Aisle width (AW)
|
122
|
122
|
152
|
24
| |
Throat length (right-of-way to parking area) (T)
|
Refer to requirements in § 660-39
| ||||
Wall to wall (single-loaded) (W1)
|
21
|
29.5
|
34
|
42.5
| |
Wall to wall (double-loaded) (W2)
|
32
|
47
|
53
|
61
|
NOTES:
| ||
---|---|---|
1
|
Parking spaces located behind an enclosed garage and located
directly off a through aisle shall be at least 30 feet deep.
| |
2
|
This dimension represents (AW) for one-way traffic. For two-way
traffic, add 8.0 feet to a maximum (AW) of 24.0 feet.
|
(i)
Parking for physically disabled persons. Parking spaces for
use by physically disabled persons shall be provided according to
the following standards:
[1]
At least one space for a parking facility offering 26 to 49
spaces.
[2]
At least 2% of all spaces for a facility offering 50 to 1,000
spaces. For more than 1,000 spaces, at least 1% of the number of spaces
over 1,000.
[3]
Parking spaces reserved for physically disabled persons shall
be at least 12 feet wide. Such spaces shall be located as close as
possible to an entrance of the parking facility and to the building
entrance.
[4]
Reserved parking spaces for use by physically disabled persons
shall observe other applicable regulations contained in Wisconsin
Statutes § 346.503.
(j)
Screening and landscaping. Parking lot screening and landscaping shall comply with the standards set forth in § 660-113.
(k)
Walkways and pedestrian access. Walkways shall provide pedestrian
access through parking lots 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
shall not be located and aligned solely based on the outline of a
parking lot configuration unless such configuration allows for direct
pedestrian access. (See Figure 2.10.)
[1]
Number. One pedestrian access is required per street frontage.
[2]
Design requirements.
[a]
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.
[b]
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
approved by the Zoning Administrator.
[c]
Where the primary pedestrian access to the site
crosses drive aisles or internal roadways, the pedestrian crossing
shall emphasize and place priority on pedestrian access and safety.
[d]
The material and layout 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.
(m)
Shared parking. The Plan Commission may approve the use of up
to 70% of the required parking spaces to meet off-street parking regulations
for two separate lots on one lot if the following conditions are present:
[1]
Lots are adjacent or opposite (directly across the street) from
each other, fronting on the same street.
[a]
One lot is an evening or Sunday use and the other
lot contains a daytime use, such as:
[i]
Sunday uses. Auditoriums incidental to public or
parochial schools; churches/places of worship; theatres; bowling alleys;
bars or nightclubs; or similar uses as determined by the Zoning Administrator.
[ii]
Daytime uses. For the purpose of this section,
the following uses are considered as primarily daytime uses: schools,
public or parochial; banks and professional offices; personal service
establishments; service and repair shops; manufacturing without second
or third shift; wholesale businesses; and similar uses, as determined
by the Zoning Administrator.
[b]
The use for which application is being made for
joint parking shall be located within 1,000 feet of the use providing
parking facilities.
[c]
The applicant shall show that there is no substantial
conflict in the principal operating hours of the buildings or uses
for which joint parking is proposed.
[d]
A legally binding instrument, executed by the parties
concerned, for joint off-street parking facilities shall be approved
by the City and recorded at the Register of Deeds.
(n)
Phasing. Required off-street parking areas may be constructed
in phases with a phasing plan to be approved by the Zoning Administrator.
(o)
Oversized parking lots/maximum number of spaces. Parking lots
may exceed up to 10% of the maximum allowed per the parking requirements
outlined in the off-street parking requirements in Table 2.4 through
an administrative approval, for which review consideration shall be
given to the following factors. Parking lots in excess of 10% shall
be allowed only through conditional use permit for which review consideration
shall be given to the following factors in granting the permit:
[1]
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.
[2]
The lot is designed to allow for more intensive future site
development.
[3]
Pedestrian connectivity through the lot.
[4]
The need for additional parking cannot be reasonably met through
provision of on-street or shared parking with adjacent or nearby uses.
[5]
The proposed development demonstrates that its design and intended
use will support high levels of existing or planned transit and pedestrian
activity.
(p)
Temporary use parking. As part of a temporary use permit, temporary
outdoor entertainment permit, or combination thereof, temporary use
parking shall be designated on the temporary use/event site and may
also be designated on other properties. Temporary use parking adequacy
shall be determined by the Zoning Administrator based on planned temporary
use/event capacity.
(q)
Snow storage requirements for off-street parking and loading
areas.
[1]
Snow storage plan required. In conjunction with the approval
of a BSO plan for off-street parking areas, a snow storage and/or
removal plan shall be submitted to the Zoning Administrator for review
and approval.
[2]
Said snow storage plan shall adequately address, either graphically
and/or in writing, the on-site storage of snow removed from said off-street
parking or loading area or the removal from the site of such snow.
[3]
If the snow is to be physically removed from the site, the snow
storage plan shall specify the location of the proposed snow repository
site.
[4]
If the snow is proposed to be stored off site, a letter of permission
from the owner of the snow repository site shall be furnished the
Zoning Administrator with the snow storage or removal plan.
[5]
Snow storage standards for parking and loading areas. Adequate
snow storage shall be provided using the following standards:
[a]
A maximum of 10% of the total required off-street
parking spaces may be used as the snow storage area.
[b]
The required snow storage area may be paved or
not paved. In either case, adequate drainage of the snow storage area
shall be provided to accommodate snowmelt, and no snowmelt shall drain
on abutting properties.
[c]
Required setbacks, yards, and buffer yards may
be used to accommodate the required snow storage area. However, areas
landscaped with shrubs and/or trees shall not be used as snow storage
areas.
C.
Bicycle parking. A minimum of four bicycle parking spaces may be
provided in lieu of not more than one required automobile parking
space in a nonresidential parking lot with a maximum reduction of
up to five parking spaces.
(1)
Location. Bicycle parking spaces and racks shall be located in a
convenient and visible area no farther from the principal entrance
to the building served than the closest automobile parking space.
(2)
Design. Bicycle parking shall consist of a bike rack designed so
that the bicycle frame can be locked to the rack.
(3)
Maximum reduction. The number of required parking spaces shall not
be reduced by more than 20% of those required due to the reduction
granted by the provision of bicycle parking.
D.
Off-street parking requirements. Accessory, off-street parking shall
be provided as specified in Table 2.4 for Specific Off-Street Parking
Requirements, except in the B1 Downtown Business District, or as otherwise
specified in this chapter.
Table 2.4: Specific Off-Street Parking Requirements
| |||
---|---|---|---|
Uses
|
Minimum Required Spaces
|
Minimum Required On-Site Queuing
|
Other Required Off-Street Parking Standards
|
Commercial/Retail
| |||
Auto agency (sales)
|
1.0 per 500 SF
|
Plus 3.0 per service bay and additional space for public display
as required if outside display is permitted
| |
Auto fuel station #1 (w/o service)
|
2.0 minimum
|
Plus 4.75 per 1,000 retail SF
| |
Auto fuel station #2 (w/ service)
|
3.0 minimum
|
Plus 3.0 per service bay
| |
Auto fuel station #3 (w/ convenience store)
|
Station #1 or #2 requirements
|
Plus 1.0 per 200 SF
| |
Auto fuel station (w/ car wash)
|
Station #1 or #2 requirements
|
Equal to 3 times car wash capacity
| |
Auto parts (tire/battery/acc.)
|
4.75 per 1,000 SF
| ||
Auto service station
|
3.0 minimum
|
Plus 3.0 per service bay
| |
Barber/beauty salon
|
3.0 per licensed chair
| ||
Building materials/home improvement center
|
4.75 per 1,000 SF
| ||
Car wash (full service)
|
1.0 per 200 SF of office space
|
Equal to 8 times car wash capacity
|
Plus 1.0 per employee on largest shift
|
Car wash (self service)
|
4.0 cars per wash stall
| ||
Car wash (accessory)
|
Equal to 3 times car wash capacity
| ||
Commercial or retail sales uses (except as herein noted)
|
4.75 per 1,000 SF
| ||
Commercial vegetable and flower gardening, plant nurseries and
greenhouses
|
2.0 per 3 employees on maximum shift
|
Plus 1.0 per vehicle used or stored plus 5.0 per 1,000 SF retail
floor area
| |
Equipment sales, service, rental and repair
|
1.0 per 250 SF
| ||
Furniture store
|
2.5 per 1,000 SF
| ||
General merchandise and department store < 5,000 SF
|
5.0 per 1,000 SF
| ||
General merchandise and convenience store >5,000 SF
|
4.75 per 1,000 SF
| ||
Hardware, paint, home improvement store
|
4.0 per 1,000 SF
| ||
Laundry and dry cleaning (drop-off/pick-up)
|
4.0 per 1,000 SF
| ||
Laundry (self service)
|
1.0 per 2 washers
| ||
Paint store
|
3.0 per 1,000 SF
| ||
Plumbing, air-conditioning and heating equipment (sales, service,
warehousing)
|
3.0 per 1,000 SF sales and office area stored
|
Plus 2.0 per 3 employees on maximum shift; plus 1.0 per vehicle
stored on site
| |
Restaurant, dine-in (quality, gourmet, family)
|
1.0 per 3 seats
|
Plus 2.0 per 3 employees on maximum shift; 10.0 minimum
| |
Restaurant, dine-in, fast food (w/o drive-through)
|
1.0 per 2 seats
|
Plus 2.0 per 3 employees on maximum shift
| |
Restaurant, fast food (w/ drive-through)
|
1.0 per 2 seats
|
8.0 per drive-up window with 3 spaces minimum at ordering station
|
Plus 2.0 per 3 employees on maximum shift
|
Shopping center (w/ supermarket)
|
5.5 per 1,000 SF
| ||
Shopping center (w/o supermarket)
|
5.0 per 1,000 SF
| ||
Shopping center (3+ stores, not classified elsewhere in table)
|
5.0 per 1,000 SF
| ||
Specialty retail center (average tenant space < 2,500 SF)
|
4.0 per 1,000 SF
| ||
Specialty store
|
4.0 per 1,000 SF
| ||
Supermarket, grocery
|
6.0 per 1,000 SF
| ||
Taxidermist
|
2.0 per 1,000 SF
| ||
Tavern, bar, cocktail lounge
|
1.0 per 2.5 seats
|
Plus 1.5 per employee on maximum shift
| |
Truck service center and repair facility
|
1.0 per employee
|
Plus 2.0 truck spaces per each stall
| |
Video tape rental/sales
|
5.5 per 1,000 SF
| ||
Residential
| |||
Apartment
|
2.0 per unit of which 1 must be enclosed
|
Plus 0.5 per unit for visitors
| |
Caretaker's residence
|
1.0 per bedroom
| ||
Condominium
|
2.0 per unit of which 1 must be enclosed
|
Plus 0.5 per unit for visitors
| |
Dormitories or group living facilities (CBRFs)
|
0.5 per bedroom
| ||
Dwellings (single-family detached)
|
2.0 per dwelling
| ||
Dwellings (two-family/duplex)
|
2.0 per unit of which 1 must be enclosed
|
Plus 0.5 per unit for visitors
| |
Group homes
|
0.25 per bed
|
Plus 1.0 per employee on maximum shift
| |
Rectory
|
1.0 per bedroom
| ||
Residential units in nonresidential structures
|
1.0 per bedroom
| ||
Senior citizen multiple-family/retirement community
|
0.5 per unit
|
Consider 1.0 per unit reserved for future conversion to conventional
multiple-family
| |
Transportation/Communication/Utilities:
| |||
Airports/heliports/landing strips
|
2.0 per 3 employees on maximum shift
|
Plus 1.0 per vehicle used or stored; plus 1.0 per 200 SF lobby
area
| |
Radio, TV and other communication facilities
|
2.0 per employee on maximum shift
|
Plus 1.0 per vehicle used or stored
| |
Institutional:
| |||
Child-care centers/day nurseries
|
1.0 per employee
|
Plus 1.0 per 10 children
| |
Churches/chapels
|
1.0 per 3 seats
|
Plus 1.0 per vehicle used or stored on premises
| |
Clubs and lodges
|
1.0 per 4 seats; or 1.0 per 3 members, whichever is greater
| ||
Hospitals
|
0.75 spaces per bed
| ||
Kennels
|
2.0 per 3 employees on maximum shift
|
Plus 1.0 per vehicle used or stored
| |
Museums/galleries
|
2.5 per 1,000 SF gross floor area
| ||
Nursing homes
|
0.75 per bed
|
5 vehicles on site
| |
Postal stations
|
4.0 per customer service station
|
Plus 2.0 per 3 employees on maximum shift; Plus 1.0 per vehicle
stored on site
| |
Schools (preschools)
|
1.0 per employee
|
Plus 1.0 per 10 children
| |
Schools (elementary schools)
|
1.0 per classroom and 4.5 per 1,000 SF office
|
8 vehicles
| |
Schools (middle schools)
|
1.0 per classroom and 4.5 per 1,000 SF office
|
8 vehicles
| |
Schools (high schools)
|
1.0 per classroom and 4.5 per 1,000 SF office
|
8 vehicles
|
Plus 1.0 per 3 students
|
Schools (special education)
|
1.0 per classroom and 4.5 per 1,000 SF office
|
8 vehicles
| |
Schools (vocational)
|
1.0 per classroom and 4.5 per 1,000 SF office
|
Plus 1.0 per 2 students
| |
Schools (college, university)
|
1.0 per employee
|
Plus 1.0 per 2 students
| |
Cultural/Entertainment/Recreational
| |||
Arcades/amusement places
|
5.0 per 1,000 SF
|
Plus 1.0 per 2 games
| |
Athletic fields
|
60 per 1 facility (field, diamond); 100 per 2 facilities
| ||
Auditoriums/meeting rooms/places for public assembly (except
as noted herein)
|
1.0 per 3 seats or 1.0 per 50 SF floor area of assembly area
where there is no fixed seating
| ||
Bowling alleys
|
5.0 per alley
| ||
Cemeteries
|
2.0 per 3 employees on maximum shift
|
Plus 1.0 garage space per vehicle used or stored
| |
Clubs/lodges, open to public
|
1.0 per 2.5 seats
|
Plus 2.0 per 3 employees on maximum shift
| |
Community centers and private, nonprofit recreation centers
(except as noted)
|
4.0 per 1,000 SF
|
5 vehicles on site
|
Plus 1.0 per employee on maximum shift
|
Dance studio, martial arts studio
|
5.0 per 1,000 SF
| ||
Golf/country clubs
|
To be determined by Plan Commission based upon report prepared
by applicant
| ||
Golf courses
|
3.0 per hole
|
Plus spaces equal to 30% total licensed seating capacity of
buildings
| |
Golf driving ranges
|
2.0 per tee
| ||
Golf, miniature
|
1.0 per 5,000 SF lot area
| ||
Gymnasiums
|
3.0 per 1,000 SF
| ||
Handball/racquetball courts
|
3.0 per court
| ||
Ice and roller rinks
|
5.5 per 1,000 SF
| ||
Parks (City/county/state), playgrounds and picnic grounds
|
To be determined by Parks Board
| ||
Sports club/health spa
|
7.0 per 1,000 SF
| ||
Swimming pools
|
3.0 per 1,000 SF
|
Plus 1.0 per employee
| |
Tennis clubs
|
3.0 per 1,000 SF
|
Plus 1.0 per 4 spectator seats
| |
Tennis courts, outdoor
|
3.0 per court
|
Plus 1.0 per 4 spectator seats
| |
Theater, live
|
1.0 per 50 SF
| ||
Theater, music
|
1.0 per 50 SF
| ||
Theater, movie
|
0.50 per seat
| ||
Industrial
| |||
Concrete or asphalt batch plant
|
1.0 per employee
|
1.0 per vehicle stored on site
| |
Light industry
|
2.0 per 1,000 SF office/customer use
|
Plus 1.0 per 750 SF other or per vehicle used/stored
| |
Manufacturing and fabrication
|
2.0 per 1,000 SF office/customer use
|
Plus 1.5 per employee on maximum shift and 1.0 per company vehicle
stored on site
| |
Plumbing, air-conditioning and heating equipment (sales, service,
warehousing)
|
2.0 per 1,000 SF office/retail use
|
Plus 1.0 per 750 SF other or per vehicle used/stored
| |
Warehousing and wholesaling
|
2.0 per 3 employees on maximum shift
|
Plus 1.0 per vehicle used/stored but no less than 1/2,000 SF
| |
Office
| |||
Dental offices and clinics
|
4.5 per 1,000 SF
| ||
Medical office building or clinic
|
6.0 per 1,000 SF floor area or 5.0 per doctor, whichever is
greater
| ||
Office building, general
|
Maximum 4.5 per 1,000 gross SF to minimum 4.0 per 1,000 net
SF based upon floor plan utilization report approved by Plan Commission
with maximum of 20% of gross SF to be considered unleasable space
under a net square foot analysis
| ||
Research center (nonleasable space)
|
3.0 per 1,000 SF up to 50,000 SF
|
Plus 2.5 per 1,000 SF over 50,000 SF
| |
Services
| |||
Financial: bank (walk-in only)
|
4.5 per 1,000 SF
| ||
Financial: bank (drive-up and walk-in)
|
4.5 per 1,000 SF
|
Equal to 5 times drive up capacity
| |
Financial: lending agency, stockbroker
|
4.0 per 1,000 SF
| ||
Hotels, motels
|
1.0 per sleeping unit
|
Plus 2.0 per 3 employees on maximum shift; Plus 1.0 per vehicle
used or stored
| |
Insurance agents/brokers
|
4.0 per 1,000 SF
| ||
Mortuaries/funeral homes
|
1.0 per 5 seats; 10 minimum
| ||
Real estate agents/brokers
|
4.5 per 1,000 SF
| ||
Veterinary clinics and hospitals
|
6.0 minimum
|
Plus 4.0 per each exam room over 1 room
|
A.
Requirement. Loading and/or unloading facilities shall be provided
for all commercial and industrial uses which require receipt or distribution
by vehicles of materials and merchandise according to Table 2.5, unless
an equivalent number of spaces are provided in conformity with these
regulations. The off-street loading requirements shall also apply
when a commercial or industrial establishment is expanded. Within
a shopping center, the requirements set forth in Table 2.5 shall apply
to each establishment or business tenant space rather than to the
shopping center as a whole.
Table 2.5: Minimum Off-Street Loading Berth Requirements
| ||||
---|---|---|---|---|
Floor Area of Establishment
(square feet)
|
Required Number
|
Minimum Size
(feet)
|
Minimum Vertical Clearance
(feet)
| |
0 to 10,000
|
1
|
10 x 25
|
12
| |
10,001 to 25,000
|
2
|
10 x 40
|
12
| |
25,001 to 40,000
|
3
|
10 x 50
|
15
| |
40,001 to 100,000
|
4
|
10 x 60
|
15
| |
Over 100,000
|
5*
|
10 x 60
|
15
|
NOTES:
| ||
*
|
Plus one additional space for every 25,000 square feet of floor
area over 150,000.
|
B.
Location.
(1)
All required loading spaces shall be located on the same lot as the
use served.
(2)
All required off-street loading spaces shall not be located in a
required side yard.
(3)
All required off-street loading spaces shall not directly face a
public or private street.
(4)
All required off-street loading spaces shall be located to provide
direct access to a street or alley so as not to hinder the free movement
of pedestrians and vehicles on a sidewalk, street, or alley.
C.
Drainage. All open loading spaces shall have a stormwater drainage
system connected to a public storm sewer if available, as approved
by the Zoning Administrator. No surface runoff shall be allowed to
flow across any lot line.
D.
Screening. All loading spaces shall be screened from the view of abutting lots to a height of at least six feet by a solid fence and/or evergreen vegetation in compliance with § 660-113.
E.
Loading spaces do not count as parking spaces. Space required and
allocated for off-street loading shall not be allocated or used to
satisfy the space requirements for off-street parking.
F.
Surfacing. All open off-street loading spaces shall be provided with
surface improvements as required for parking areas.
G.
Service and repair. Repairing or servicing of motor vehicles shall
not be permitted in an off-street loading space.