[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.
(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.
(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.
(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.
(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.
(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).
(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:
(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.
(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.
(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).
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
[12-20-2021]
(a)
In the SR-4, SR-5, SR-7, DR-8, and TR-10 zoning districts, the
distance from an access drive to the property line of an adjacent
property shall not be less than three feet, as measured along the
right-of-way line.
(b)
In all other zoning districts, 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.
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.
(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
|
0°
(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.
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:
(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.
(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:
(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:
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.
(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:
(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
 |
(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.
