The purpose of this article is to indicate the standards and minimum requirements for exterior site and building design, access, visibility, off-street parking and traffic circulation, off-street loading, exterior lighting, exterior storage, fencing, swimming pools, vibration, noise, air pollution, odor, signal receiving antennas, glare and heat, fire and explosions, toxic or noxious materials, waste materials, exterior construction material, hazardous materials, group and large developments, and outdoor wood-burning furnaces within the jurisdiction of this chapter. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V.
(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 attain a degree of uniformity in exterior appearance
and quality of materials, and thus maintain and enhance the attractiveness
and values of property in the community.
(3)
Review and approval. Through the site plan review process, the Plan
Commission shall be responsible and have authority to hear, review,
and act upon all proposed exterior architectural plans for all proposed
development.
(4)
Site design. In addition to complying with required setbacks, no
building, structures, pavement, or improvement shall be placed or
oriented in a manner that would unnecessarily reduce the appearance
of the subject property in comparison to typical development practices
that are fully consistent with the requirements of this chapter, or
would have a substantial negative impact on the value or enjoyment
of permitted land uses on nearby properties.
(5)
Avoidance of exteriors specific to a particular occupant. Trademark
architectural elements are prohibited. Specifically, no building,
other structures, pavement or improvement shall have an integral exterior
design which is specific to a particular site occupant, including
exterior building forms, materials, textures, colors, and patterns.
Exterior elements which are specific to a particular site occupant
shall be limited to attached signage, awnings and other appurtenances
which are easy to remove or modify for subsequent site occupants without
causing significant damage and/or restoration expenses.
(6)
Exterior design compatibility and avoidance of monotony. No building,
other structures, pavement or improvement shall have an exterior design
which is of such unorthodox or abnormal character in relation to its
surroundings as to be unsightly or offensive to generally accepted
taste. In addition, no building shall be permitted within any residential
or mixed use district to have an exterior appearance which is too
similar to nearby buildings so as to create unacceptable monotony.
(7)
Requirements for exterior materials. The following requirements shall
apply regarding exterior materials for buildings and structures:
(a)
Building materials. Exterior building materials shall be of
comparable aesthetic quality on all sides. Building materials such
as glass, brick, tinted, and decorative concrete block, wood, stucco,
and exterior insulation and finish systems (EIFS) may be used, as
determined appropriate by the Plan Commission. EIFS and other readily
damaged or dented materials shall not be used on portions of the building
within one foot of ground level. Decorative architectural metal with
concealed fasteners or decorative tilt-up concrete panels may be approved
if incorporated into the overall design of the building.
(b)
Prohibited materials. No building or structure shall be constructed
or faced with any material or texture which is aesthetically incompatible
with other building exteriors in the area which are fully consistent
with the requirements of this chapter, or which presents an unattractive
appearance to the public or surrounding properties. The following
materials are prohibited on the exterior of all buildings and structures:
1.
Plain-faced concrete walls or panels.
2.
Plain-faced cinder block or concrete block.
3.
Asphaltic siding.
4.
Plywood, chipboard, or other nondecorative wood or composite
material as determined by the Plan Commission.
5.
Metal siding which does not meet any one or more of the following
exceptions:
a.
Is determined by the Plan Commission to be a decorative element
of the building or structure that can be readily removed or replaced
with a permitted exterior material.
b.
Uses a method of exterior wall fastening which is fully concealed
from view by means of an interlocking panel, panel overlap, or other
method approved by the Plan Commission which results in full concealment.
c.
Uses visible exterior fasteners which are the same color as
the attached wall for any principal or accessory structure within
the BP, RH-35, LI, GI, and ME Zoning Districts, in any location on
the building or structure which meets all of the following criteria:
i.
Is located more than 100 feet from any portion of a residential
zoning district boundary and more than 100 feet from any portion of
a public right-of-way.
ii.
Is located more than 100 feet from any visitor
or customer door.
iii.
Transitions to any other exterior material, texture,
color, or pattern at a building corner, pier, pilaster, eave, parapet,
or other physical change in the wall plane, so as to complement the
overall exterior design of the building or structure as determined
by the Plan Commission.
iv.
If adding on to a primary structure or adding an
accessory building and the existing structures already have exposed
fasteners the same color as siding.
v.
Residential accessory structures less that 240 square feet in size
may use metal siding with visible exterior fasteners which are the
same color as the attached siding.
[Added 6-9-2021 by Ord. No. 1994]
6.
Fiberglass or poly-roofing or siding.
7.
Other materials as determined by the Plan Commission
(8)
Waste receptacles. The development shall contain a sufficient number
of waste bins to accommodate all trash and recyclable materials generated
by the land uses in a convenient manner and in accordance with the
building design and performance standards of this article.
(9)
Pedestrian and bicycle access. The entire development shall provide
for full and safe pedestrian and bicycle access within the development,
which shall include appropriate connections to the existing and planned
pedestrian and bicycle facilities in the community and in surrounding
neighborhoods; sidewalk connections to all building entrances from
all public streets; secure bicycle parking and pedestrian furniture
in appropriate quantities and locations; and a central pedestrian
gathering area.
(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 access to public rights-of-way in accordance with the utilization
of various sites.
(2)
Applicability. The requirements of this section shall apply to each
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 § 10-174.), the Plan Commission shall review and approve all proposed access drives on the subject property.
(4)
Number of access points.
(a)
Each lot shall have not more than two access points on any street
frontage adjacent to any lot. Said access shall require approval by
the Director of Public Works.
(b)
No lot shall be permitted more than one access point on any
one street if its frontage on said street is less than 100 linear
feet (as measured along the right-of-way line).
(c)
On arterial streets, and in areas experiencing, or expected
to experience, congestion and/or safety problems, access to a lot
may be required to be located via an access point located on an adjacent
property or another street frontage.
(d)
For residential uses, two access points serving the same street
frontage may be approved as a conditional use.
(5)
Residential uses. Residential uses shall not have access points onto
a nonresidential collector or arterial street unless such street has
the only available frontage.
(6)
Nonresidential uses. Nonresidential uses shall not have access points
onto a residential street unless such street has the only available
frontage.
(7)
Access near street intersections. At its intersection with the street
right-of-way line on an arterial or nonresidential collector street,
no access point shall be located closer than 100 feet from the intersection
of any two street rights-of-way unless such street is the only available
frontage on the subject property. In all cases, access points shall
be located as far from an intersection as the lot size permits. Nonconforming
driveways may be replaced in their current location, except as part
of site plan review and approval.
(8)
Distance between access drives. The minimum distance between access
drives serving the same property shall be 25 feet (edge to edge),
as measured at the property line. A distance in excess of 25 feet
may be required if existing or projected traffic warrant a greater
distance.
(9)
Angle of intersection with public right-of-way. All access drives
shall intersect with any public right-of-way at an angle of not less
than 75° and shall intersect at an angle of 90° wherever possible.
(10)
Distance from property line. The distance from an access drive
to the property line of an adjacent property shall not be less than
five feet, as measured along the right-of-way line.
(11)
Width of driveways. All access drives shall have a minimum width
of 10 feet for single- and two-family dwellings, and 18 feet for all
other land uses. All curb openings for access drives shall have a
maximum width of 24 feet for all residential uses, and 30 feet for
all nonresidential uses, as measured at the right-of-way line. Access
drives may be flared between the right-of-way line and the roadway
up to a maximum of five additional feet. This requirement may be exceeded
with explicit Plan Commission approval for uses other than single-family.
(12)
Traffic control. The traffic generated by any use shall be channelized
and controlled in a manner which avoids congestion on public streets
and other safety hazards. Traffic into and out of all off-street parking,
loading, and traffic circulation areas serving six or more parking
spaces shall be forward moving, with no backing into streets or pedestrian
ways. Traffic control devices shall be required as determined by the
Director of Public Works.
(13)
Depiction on required site plan. Any and all proposed access
drives on the subject property shall be depicted as to their location
and configuration on the site plan required for the development of
the subject property.
(14)
Paving of access. All access approach areas located within a
street right-of-way shall be paved to the satisfaction of the Zoning
Administrator with a hard, all-weather surface, and shall be maintained
so as to prevent the transport of gravel, dirt, or other eroded material
from the subject property into the right-of-way. This requirement
must be fulfilled before building occupancy, unless granted a time-specific
extension in writing by the Zoning Administrator.
(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.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all developments for conformance with this section.
(4)
Vision triangle at public streets. A vision triangle extending 15
feet from all public street right-of-way intersections 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 three feet and eight feet. Development
in the DMU and UMU Districts 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 three feet and eight feet. Development in the
DMU and UMU Districts shall be exempt from this requirement.
|
Figure 10-103
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 utilization
of various sites.
(2)
Applicability. The requirements of this section shall apply to all
new development.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Zoning Administrator shall review and approve all development for conformance with this section.
(4)
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of the shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection (6)(c), below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
(5)
Minimum required off-street parking spaces. Off-street parking requirements for each land use (See Article III.) 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. 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. The term "employee(s) 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. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by said land use.
(6)
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 and marking. All off-street parking and traffic circulation
areas (including all residential driveways except those in the RH-35
District) shall be paved with a hard, all-weather or other surface
that advances the goals of the Comprehensive Plan or other adopted
plan, policy, or regulation of the City to the satisfaction of the
Director of Public Works. Said surfaces intended for six or more parking
stalls shall be marked in a manner which clearly indicates required
parking spaces.
(c)
Access. With the exception of single-family and two-family dwellings,
each off-street parking space shall open directly upon an aisle or
driveway that is wide enough and designed to provide a safe and efficient
means of vehicular access to the parking space without directly backing
or maneuvering a vehicle into a public right-of-way exceeding 80 feet
in width. All off-street parking and traffic circulation facilities
shall be designed with an appropriate means of vehicular access to
a street or alley in a manner which least interferes with traffic
movements. No driveway across public property, or requiring a curb
cut shall exceed a width of 40 feet for commercial and industrial
land uses, or 25 feet for residential land uses (See Figure 10-104a.).
Off-street parking spaces for residential uses may be stacked or in
front of one another for the same building unit. Parking spaces located
behind an enclosed garage and located directly off a through aisle
shall be a minimum of 30 feet deep.
(d)
Snow storage. Required off-street parking and traffic circulation
areas shall not be used for snow storage.
(e)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 10-106.
(f)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article IX.
(g)
Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in Article VIII.
(h)
Handicapped parking spaces. Handicapped parking shall be provided
at a size, number, location, and with signage as specified by state
and federal regulations.
(i)
Parking space design standards. Other than handicapped parking,
each off-street parking space shall comply with the minimum requirements
of Figure 10-104a. The minimum required length of parking spaces shall
be 16 feet. All parking spaces shall have a minimum vertical clearance
of at least seven feet.
|
Figure 10-104a
Parking Layout Dimensions
| |||||||
|---|---|---|---|---|---|---|---|
|
Parking Angle in Degrees
| |||||||
|
Minimum Permitted Dimensions
|
0°
|
45°
|
60°
|
75°
|
90°
| ||
|
Stall width at parking angle (SW) (feet)
|
9.0
|
9.0
|
9.0
|
9.0
|
9.0
| ||
|
Stall width parallel to aisle (WP) (feet)
|
18
|
12.7
|
10.4
|
9.3
|
9.0
| ||
|
Stall depth to wall (D)1 (feet)
|
9.0
|
17.5
|
19.0
|
19.5
|
18.5
| ||
|
Stall depth to interlock (DI) (feet)
|
N/A
|
15.3
|
17.5
|
18.8
|
N/A
| ||
|
Stall length (SL) (feet)
|
18.0
|
25.0
|
22.0
|
20.0
|
18.5
| ||
|
Aisle width for one-way traffic (AW) (feet)
|
12.0
|
12.0
|
16.0
|
23.0
|
26.0
| ||
|
Throat length (right-of-way to parking angle) (T)
|
Refer to requirements in Figure 10-124b
| ||||||
|
Parking module width (PMW)
| |||||||
|
Wall to wall (single-loaded) (W1) (feet)
|
21.0
|
29.5
|
35.0
|
42.5
|
44.5
| ||
|
Wall to wall (double-loaded) (W2) (feet)
|
30.0
|
47.0
|
54.0
|
62.0
|
63.0
| ||
|
Wall to interlock (double-loaded) (W3) (feet)
|
N/A
|
44.8
|
52.5
|
61.3
|
N/A
| ||
|
Interlock to interlock (double-loaded) (W4) (feet)
|
N/A
|
42.6
|
51.0
|
61.0
|
N/A
| ||
|
Notes:
| |||||||
|
1
|
Parking spaces located behind an enclosed garage and located
directly off a thorough aisle shall be at least 30 feet deep.
| ||||||
| |||||||
(j)
Minimum permitted throat length. Figure 10-104b shall be used
to determine the minimum permitted throat length of access drives
serving parking lots as measured from the right-of-way line along
the center line of the access drive. This regulation may be modified
by the Plan Commission by explicit motion associated with this site
review process.
|
Figure 10-104b
Permitted Throat Length
| |||
|---|---|---|---|
|
Minimum Throat Length
| |||
|
Type of Access Street
| |||
|
Land Use/Type
|
Scale of Development
|
Collector
(feet)
|
Arterial
(feet)
|
|
Residential
| |||
|
Any residential
|
0-100 dwelling units
|
25
|
N/A
|
|
101-200 dwelling units
|
50
|
75
| |
|
201+ dwelling units
|
75
|
125
| |
|
Commercial
| |||
|
Office
|
0-50,000 gross square feet
|
25
|
50
|
|
50,001-100,000 gross square feet
|
25
|
75
| |
|
100,001-200,000 gross square feet
|
50
|
100
| |
|
200,001+ gross square feet
|
100
|
150
| |
|
In-vehicle sales or service
|
0-2,000 gross square feet
|
25
|
75
|
|
2,001+ gross square feet
|
50
|
100
| |
|
Commercial indoor lodging
|
0-150 rooms
|
25
|
75
|
|
151+ rooms
|
25
|
100
| |
|
Other commercial uses
|
0-25,000 gross square feet
|
25
|
50
|
|
25,001-100,000 gross square feet
|
25
|
75
| |
|
100,001-500,000 gross square feet
|
50
|
100
| |
|
500,001+ gross square feet
|
100
|
200
| |
|
Industrial
| |||
|
All industrial uses
|
0-100,000 gross square feet
|
25
|
50
|
|
100,001-500,000 gross square feet
|
50
|
100
| |
|
500,001+ gross square feet
|
50
|
200
| |
|
Other Uses
| |||
|
6+ spaces
|
25
|
50
| |
(k)
Partial or phased development of required parking spaces. Any
development may seek permission to not install a portion of its required
parking at time of site plan review; however, the site plan shall
depict the minimum number of required parking spaces.
(l)
Limit on the maximum number of required parking spaces. No site
plan may be approved for a multifamily or nonresidential use which
contains more than 120% of the development's minimum number of required
parking spaces, except as granted through a conditional use permit.
(7)
Joint and off-site parking facilities.
(a)
Parking facilities which have been approved 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.
However, this aggregate requirement may be reduced or expanded by
the Plan Commission by explicit motion associated with this site plan
review process.
(b)
Joint use parking facility. Up to 15% 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 of no less than 15,000 square feet,
serving two or more buildings or uses, developed through voluntary
cooperation or under any parking district which may hereafter be provided
by law.
(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.
Up to 100% of the parking facilities of a church or auditorium
incidental to a grade school may be supplied by the off-street parking
facilities of daytime uses.
4.
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, bowling alleys, dance halls,
theaters, bars or restaurants, motels, or similar primarily nighttime
or Sunday uses and R-8 and R-9 nonelderly, multifamily housing.
(d)
The applicant(s) for approval of a joint or day-night use parking
facility shall demonstrate that there is no substantial conflict in
the demand for parking during the principal operating hours of the
two of more 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 or
a longer distance as permitted by the Plan Commission through a conditional
use permit.
2.
The applicant 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.
(8)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking may be located between the principal structure
on a residential lot and a street right-of-way. All residential or
noncommercial driveways shall have a minimum width of 10 feet and
maximum of 24 feet. A maximum of twelve-foot width addition is allowed
to the inside between the principal structure and street, not to exceed
20 feet in length, with taper on the street (see Figure 10-104c).
[Amended 9-13-2023 by Ord. No. 2021]
(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 DMU 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 10-104c. Driveways
adjacent to alleys are exempt from this requirement.
|
Figure 10-104c
Minimum Driveway Expansion Setback
|
(9)
Bicycle parking standards.
(a)
Required provision of bicycle parking areas. For residential
and nonresidential sites having an off-street automobile parking requirement
of 100 spaces or more, off-street bicycle parking spaces shall be
provided in a number equal to 5% of the automobile parking space requirement.
For residential and nonresidential sites having an off-street parking
requirement of less than 100 spaces, a number of off-street bicycle
parking spaces shall be provided equal to 10% of the automobile parking
space requirement. Each inverted-U-type rack provided will count as
two bicycle 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. All bicycle parking provided should be on a hard-surfaced
area, and be located a minimum of 24 inches from a parallel wall,
and 30 inches from a perpendicular wall (as measured closest to the
inverted-U). Bicycle parking lockers are specifically encouraged for
assigned use by employees and bicycle commuters. Bicycle parking capacity
provided via lockers will be considered as being in compliance with
these rules. Lockers are to be placed in accordance with setback requirements
applicable to vehicular parking lots.
2.
Bicycle parking spaces should either be installed in the public street
right-of-way or on private sites in conformance with setback requirements
applicable to automobile parking lots. The spaces shall be placed
within 50 feet of building entrances, or where bicyclists would naturally
transition to pedestrian mode. The placement of the racks should minimize
conflicts with pedestrians and motorized traffic.
(10)
Installation and maintenance. 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. 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 § 10-107.
(11)
Use of off-street parking areas. The use of all required off-street
parking areas shall be limited to the parking of licensed operable
vehicles. Within residential districts, required parking spaces shall
only be used by operable cars and trucks.
(12)
Setbacks. The distance from an off-street parking area to the
property line of an abutting property shall not be less than five
feet, as measured along the property line, except for existing driveways,
driveways on lots of 50 feet in width or less, and shared driveways.
Existing parking areas may be maintained, repaired, or replaced at
their setback as of the effective date of this chapter. Parking areas
and the edge of driveway additions shall have a ten-foot setback from
the front and street yard property line.
(13)
Parking requirement exceptions:
(a)
The Plan Commission may decrease the required number of off-street
automobile parking spaces based upon technical documentation furnished
by the applicant that indicates, to the satisfaction of the Plan Commission,
that actual off-street parking demand for that particular use is less
than the required standard set forth in this chapter.
(b)
Parking within the Downtown Mixed Use District. Within the DMU
District, the parking requirements of this chapter are hereby waived.
(1)
Purpose. The purpose of this section is to prevent congestion of
public rights-of-way and private lots so as to promote the safety
and general welfare of the public by establishing minimum requirements
for the provision of loading facilities on various sites.
(2)
Applicability. All institutional, commercial, industrial, storage,
and transportation land uses which have a gross floor area of 10,000
square feet or more shall provide off-street loading facilities in
accordance with the regulations of this section.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all development for conformance with this section.
(4)
Location. All loading berths shall be located 25 feet or more from
the intersection of two street right-of-way lines. Loading berths
shall not be located within any required front yard or street yard
setback area. All loading areas shall be located on the private lot
and shall not be located within or interfere with any public right-of-way.
(5)
Size of loading area. The first loading berth shall be designed in
accordance with Figure 10-105. All remaining required loading berths
shall be a minimum of 50 feet in length and 10 feet in width. All
loading berths shall have a minimum vertical clearance of 14 feet.
|
Figure 10-105
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
| ||||
|
WB-50
|
55
|
90°
|
55
|
10
|
77
|
132
|
|
12
|
72
|
127
| ||||
|
14
|
67
|
122
| ||||
|
60°
|
48
|
10
|
55
|
103
| ||
|
12
|
51
|
99
| ||||
|
14
|
46
|
94
| ||||
|
45°
|
39
|
10
|
45
|
84
| ||
|
12
|
40
|
79
| ||||
|
14
|
37
|
76
| ||||
| ||||||
(6)
Access to loading area. Each loading berth shall be located so as
to facilitate access to a public street or alley, and shall not interfere
with other vehicular or pedestrian traffic, 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.
(7)
Surface and marking. All required loading areas shall be paved and
maintained in a dust-free condition at all times. Said surface shall
be marked in a manner which clearly indicates required loading areas.
(8)
Use of required loading areas. The use of all required loading areas
shall be limited to the loading and unloading of vehicles. Said area
shall not be used to provide minimum required parking spaces.
(10)
Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article IX.
(11)
Depiction on required site plan. Any and all required loading
areas and trailer and container storage areas proposed to be located
on the subject property shall be depicted as to their location and
configuration on the site plan required for the development of the
subject property.
(1)
Purpose. The purpose of this section is to regulate the spillover
of light and glare on operators of motor vehicles, pedestrians, and
land uses in the vicinity of a light source in order to promote traffic
safety and to prevent the creation of nuisances.
(2)
Applicability. The requirements of this section apply to all private
exterior lighting within the jurisdiction of this chapter, except
for lighting within public rights-of-way and/or lighting located on
public property.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all development for conformance with this section.
(4)
Depiction on required site plan. Any and all exterior lighting shall
be depicted as to its location, orientation, and configuration on
the site plan required for the development of the subject property.
(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 is 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 2.5 footcandles.
3.
The maximum average on-site lighting in residential zoning districts
shall be 1.0 footcandle.
4.
The following exceptions shall be permitted:
5.
Reflected glare onto nearby buildings, streets or pedestrian
areas is prohibited. To minimize any indirect overflow of light on
adjacent properties, the height of any proposed parking lot light
standard should be as short as possible and should stair step down
to a lower height when close to residential uses.
(d)
Fixtures and luminaries.
1.
Outdoor lighting shall be full cut-off fixtures and downward
facing and no direct light shall bleed onto adjacent properties. Exempt
from this requirement are any fixtures using an incandescent bulb
of 100 watts or less, or its equivalent.
2.
Light fixtures shall not be located within required buffer yards.
3.
Total cut-off luminaries with angles of less than 90° shall
be required for pole and building security lighting to ensure no fugitive
up lighting occurs.
4.
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.
5.
The maximum fixture height in the SR-2, SR-4, SR-5, SR-6, MR-10,
MR-20, NMU, DMU, and UMU Districts shall be 16 feet. The maximum fixture
height in the CMU, BP, GI, LI and ME Districts shall be 25 feet.
6.
All lighting fixtures existing prior to the effective date of
this chapter shall be considered as legal conforming.
(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 0.25 footcandle.
(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 exterior storage in agricultural and industrial districts, refer to Article III.
(2)
Applicability. The requirements of this section apply to all development.
(3)
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process. (See § 10-174.)
(4)
Requirements for exterior storage in mixed use districts. In all
commercial zoning districts, all materials and equipment shall be
stored within a completely enclosed building except for the following
which shall not be located within any front yard or required street
yard (except for vehicles in designated parking spaces) and shall
be stored a minimum of five feet from any and all property lines:
screened refuse containers; construction materials, landscape materials,
and related equipment connected within on-site construction; and off-street
parking.
(6)
Exterior trash storage. All exterior trash storage shall be located
within an enclosure that completely screens the view of said trash.
The exterior of said enclosure shall be constructed of some or all
of the materials used on the main building. A solid wood fence shall
be used to gain access to the storage area.
(7)
Outdoor storage of firewood. No person shall store firewood in the
front yard on residentially zoned property, except that firewood may
be temporarily stored in the front yard for a period of 30 days from
the date of its delivery. Firewood should be neatly stacked and may
not be stacked closer than two feet to any lot line and not higher
than six feet from grade, except adjacent to a fence where firewood
can be stacked against the fence as high as the fence. Fences as used
in this section shall not include hedges and other vegetation.
(a)
All brush, debris, and refuse from processing of firewood shall
be promptly and properly disposed of.
(b)
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles, or that harbor or are infested
or inhabited by rats or other vermin, are public nuisances and may
be abated pursuant to the provisions of this chapter.
(c)
Not more than 20% of the side and rear yard may be used for
storage of firewood at any one time.
(8)
Accessory parking and storage. Vehicles without current registration
shall be prohibited on any public street or in any yard. 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 in any residential district, except recreational vehicles or
motor homes are allowed if parked in a driveway.
(9)
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 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 equal to, or exceeding, 36 inches
in height, for all land uses and activities.
(3)
Review and approval: Fences over 20 feet in length shall be reviewed and approved by the Zoning Administrator and shall require a building permit, unless he or she determines that site plan review by the Plan Commission (per § 10-174) is necessary or the proposed fence requires a conditional use permit.
(4)
Standards.
(a)
Materials.
1.
Residential fences shall be constructed using residential-style
fencing, including, but not limited to, naturally resistant or treated
wood, brick, natural stone, masonry, wrought iron, vinyl, galvanized
and/or coated chain-link (minimum thickness of nine gauge and a required
top rail support). Chain-link fence slats are subject to provisions
of this section regarding open and solid fences.
2.
Nonresidential fences shall use the materials listed in Subsection
(4)(a)1, above. Corrugated metal or other solid metal fences may only
be used in the LI, GI, and ME Zoning Districts.
3.
Except for a security fence, any fence within any residential
or mixed use within the required or provided front yard, whichever
is less restrictive, shall be a maximum of 50% opaque, such as a wood
or metal picket or wood rail fence as defined by the spaces between
pickets as equal to or greater than the width of the pickets. See
Figure 10-108a.
|
Figure 10-108a
Fencing Standards
|
|
Figure 10-108b
Fencing Standards
|
|
Figure 10-108c
Fencing Standards
|
4.
Wire mesh and chain-link fencing is not permitted within the
required or provided front yard, whichever is less restrictive, in
the RH-35, SR-2, SR-4, SR-5, SR-6, TR-6, MR-10, MR-20, and MH-8 Zoning
Districts, except when used in conjunction with parks, schools, and
airports.
5.
Barbwire or razor wire fencing is only permitted on the top
of security fencing when located at least 6 1/2 feet above the
ground.
6.
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 is permitted.
Permits are not required for temporary fencing.
(b)
Location.
1.
On all properties, no fence or decorative post shall be located
closer than three feet of the right-of-way line in the provided front
yard, provided street side yard property line, or when abutting an
alley.
2.
Fences shall be located within any property line abutting a
side or rear yard.
4.
Fences may be located within easements per the provisions of
the easement.
5.
Replacement of fences existing as of the effective date of this
chapter in their current location shall be permitted.
(c)
Maximum height. The maximum height of any fence panel, landscape
wall, or decorative post shall be the following:
1.
In the SR-2, SR-4, SR-5, SR-6, TR-6, MR-10, MR-20, MH-8, and
NMU Zoning Districts:
2.
In the CMU, UMU, DMU, BP, LI, GI, ME, and PD Zoning Districts:
3.
Height shall be measured from the ground immediately under the
fence to the top of the fence face.
4.
Height exceptions.
a.
Decorative posts at a minimum spacing of 24 inches may extend
eight inches above the maximum height. This exception is not allowed
for front yard fences.
b.
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. This exception is not allowed
for front yard fences.
c.
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.
(5)
On-fence lighting. On-fence lighting is permitted and shall conform to all requirements of § 10-106 as well as the State Electrical and Building Codes.
(6)
Orientation. Any and all fences, landscape walls, or decorative posts
shall be erected so as to locate visible supports and other structural
components toward the subject property.
(7)
Maintenance. Any and all fences, landscape walls, or decorative posts
shall be maintained in a structurally sound and attractive manner.
(8)
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.
(1)
Purpose. The purpose of this section is to regulate swimming pools
in order to prevent the creation of nuisances and to promote the health,
safety, and general welfare of the public.
(2)
Applicability. This section applies to all swimming pools, aboveground
pools, temporary or permanent air-inflatable pools, and in-ground
pools defined as an outdoor structure containing a body of water in
a receptacle or other container having a depth for water at any point
greater than 24 inches, used or intended to be used solely by the
owner, operator, or lessee thereof and family and guests invited to
use it; and including all structural facilities, appliances, appurtenances,
equipment, and other items used and intended to be used for the operation
and maintenance of a private or residential swimming pool.
[Amended 5-11-2022 by Ord. No. 2005]
(3)
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process. (See § 10-174.)
(4)
Permit required. A building permit must be secured prior to the commencement
of construction or erection of a private or residential swimming pool,
or on any alterations, additions, remodeling, or other improvements.
Plans, specifications, and pertinent explanatory data shall be submitted
to the Building Inspector at the time of application.
(5)
Exempt pools. Nonfiltered storable swimming or wading pools that
are less than 24 inches in depth and so constructed that they may
be readily disassembled for storage and reassembled to their original
integrity are exempt from the provisions of this section. Decorative
pools, such as koi ponds that are less than 24 inches in depth are
exempt from the provisions of this section. Spas and hot tubs with
lockable tops are also exempt.
[Amended 5-11-2022 by Ord. No. 2005]
(6)
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a building permit for construction as provided for in Subsection (4), above, unless the following requirements are observed:
(a)
All materials and methods of construction in the construction,
alteration, addition, remodeling, or other improvements and pool installation
shall be in accord with all state regulations and with any and all
ordinances of the City now in effect or hereafter enacted.
(b)
All plumbing work shall be in accordance with all applicable
ordinances of the City and all state plumbing codes. Every private
or residential swimming pool shall be provided with a suitable draining
method, and in no case shall waters from any pool be drained into
the sanitary sewer system, onto lands of other property owners adjacent
to that on which the pool is located, or in the general vicinity.
Provisions may be made for draining the contents of any swimming pool
into a storm sewer, but such installation shall be subject to prior
approval by the Director of Public Works.
(c)
All electrical installations, including lighting and heating,
which are used in conjunction with a private swimming pool shall be
in conformance with the state laws and City ordinances regulating
electrical installations.
(7)
Setbacks and other requirements. Private swimming pools shall be
erected or constructed on rear or side yards only, and only on a lot
occupied by a principal building. No swimming pool shall be erected
or constructed on an otherwise vacant lot. A lot shall not be considered
vacant if the owner owns the contiguous lot and said lot is occupied
by a principal building. All swimming pools shall be at least six
feet from any lot line or building unless designed and approved as
an addition to a building.
(8)
Enclosure. Pools within the scope of this section that are not enclosed
with a permanent building shall be completely enclosed by a fence
of sufficient strength to prevent access to the pool. Such fence or
wall shall not be less than five feet in height and not less than
four feet from the pool edge, and constructed not to have voids, holes,
or openings larger than four inches in one dimension. Gates or doors
shall be equipped with self-closing and self-latching devices located
at the top of the gate or door on the pool side of the enclosure,
except the door of any residence that forms a part of the enclosure.
This section shall not apply to existing fences on the date of adoption
of this chapter at least 40 inches in height that otherwise comply
with this section.
(9)
Compliance. All swimming pools existing at the time of adoption of this chapter not satisfactorily fenced shall comply with the fencing requirements of Subsection (8), or when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
(10)
Filter system required. All private swimming pools within the
meaning of this chapter must have some filtration system to assure
proper circulation of the water therein and maintenance of the proper
bacterial quality thereof.
(11)
Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
(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 § 10-174.), 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 10-110,
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 10-110 below;
|
|
f = The frequency of vibration transmitted through
the ground (cycles per second).
|
|
Figure 10-110
Vibration Measurement Constant
| |||
|---|---|---|---|
|
Location for Measurement
|
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 noise 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 noise, except that these standards
shall not apply to noise created during the construction of the principal
use on the subject property, or by incidental traffic, parking, loading,
maintenance, or agricultural operations.
(3)
Requirements. All noise shall be muffled so as not be objectionable
due to intermittence, frequency, or shrillness. In no event shall
the sound-pressure level of noise continuously radiated from a facility
exceed the values given in Figure 10-111a as measured by a Type 2
sound meter that is in compliance with ANSI Standard S1.4-1983. The
measurement shall be conducted at the lot line of the subject property
where said lot abuts property within any residential or mixed use
zoning district, or the Business Park (BP) District.
(4)
Nonconforming noise. Noise that was in effect as of the effective
date of this chapter shall be considered legal nonconforming. The
burden of proof to demonstrate that said noises were in effect prior
to the effective date of this chapter is the responsibility of the
noise producer.
|
Figure 10-111a
Maximum Permitted Noise Level at Lot Line for Continuous
Noise
| |
|---|---|
|
Zoning District
|
Increase in Noise Level Over Ambient Level
|
|
RH-35, SR-2, SR-4, SR-5, SR-6, MR-10, MR-20, MH-8
|
Plus 3 dBA
|
|
NMU, CMU, UMU, DMU, BP
|
Plus 5 dBA
|
|
LI, GI, ME
|
Plus 8 dBA
|
|
Figure 10-111b
Adjustment Factors for Maximum Noise Levels
| |
|---|---|
|
Type of Operation in Character of Noise
|
Correction in Decibels
|
|
Daytime operation only
|
Plus 5 dBA
|
|
Noise source operates less than 20% of any 1-hour period
|
Plus 5 dBA1
|
|
Noise source operates less than 5% of any 1-hour period
|
Plus 10 dBA1
|
|
Noise source operates less than 1% of any 1-hour period
|
Plus 15 dBA1
|
|
Noise of impulsive character (hammering, etc.)
|
Minus 5 dBA
|
|
Noise of periodic character (hum, speech, etc.)
|
Minus 5 dBA
|
|
NOTE:
| |
|
1
|
Apply only one of these corrections.
|
(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 (United States 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 Shawano
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 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
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 § 66.0401, Wis. Stats., 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 commercial
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 § 94.65, Wis. Stats.
(b)
Pesticides subject to § 94.67(25), Wis. Stats.
(c)
Biological products subject to § 95.39, Wis. Stats.
(d)
Hazardous substances subject to § 100.37(1)(c), Wis.
Stats.
(e)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.
(f)
Infectious agents subject to § 101.58(2)(f), Wis.
Stats.
(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)
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 Shawano.
(2)
GROUP DEVELOPMENT
(a)
(b)
(c)
LARGE DEVELOPMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any development located on one lot and comprised of any single
instance or any combination of the following development types:
One or more principal multifamily residential buildings with
11 or more residential units on the same lot.
Two or more principal structures on the same lot, whether currently
serving a single use or more than one use.
Any addition of principal buildings that increases the total
number of principal structures on the same lot to two or more.
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 of gross floor area. Does not include new additions
less than 50,000 square feet, or basements and penthouses when used
primarily for storage and mechanical equipment.
(3)
Common examples.
(a)
Common examples of group developments include apartment or condominium
complexes with 11 to 20 total units, commercial centers, shopping
centers, and office centers where there are two or more principal
buildings. Planned developments may be considered group developments
or large developments if they meet the definition in Subsection (2).
(b)
Common examples of developments that are both group developments
and large developments include multitenant, nonresidential buildings
that are in excess of 50,000 gross square feet, and any multibuilding
developments in which the combined total of all structures on a site,
regardless of diverse ownership, use, or tenancy, combine to exceed
50,000 gross square feet.
(4)
Exceptions. The following situations are exempt from the requirements
of this section.
(a)
Structures within City parks.
(b)
Development in the Planned Development District.
(c)
Nonresidential buildings where it can be demonstrated to the
satisfaction of the Zoning Administrator that any principal building
can be subsequently detached with a lot and yards conforming to the
requirements of this chapter.
(5)
Review and approval.
(a)
All group developments and large developments require a conditional use permit (See § 10-171 for review and approval procedure.) regardless of whether individual use(s) within the development are permitted by right within the applicable district, except where such developments are approved as planned developments per § 10-177 or with an approved conditional use permit.
(b)
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 may be included within a group development and/or large development.
(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, such as outdoor dining or a drive-through. 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.
(6)
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, the subsequent 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.
(7)
Changes to individual land uses within a group development and/or
large development listed as conditional uses within the applicable
zoning district may be allowed only by amendment to the conditional
use permit, regardless of whether said use entails modifications to
the building and/or site layout in the group development and/or large
development.
(8)
Standards applicable to all group developments and to all large developments.
(a)
All land uses and development shall comply with the applicable
requirements of this chapter, including, but not limited to, density,
intensity, bulk, setback, and building separation requirements; building
and site design standards; landscaping and green space preservation
requirements; access, parking, loading, and unloading requirements;
and signage requirements.
(9)
General layout and future divisibility. All development located within
a group development and/or large development shall be located so as
to comply with the intent of this chapter regarding setbacks of structures
and buildings from lot lines. As such, individual principal and accessory
buildings and buildings located within group developments and/or large
developments shall be situated within building envelopes that are
in complete compliance with said intent. Said building envelopes shall
be depicted on the site plan required for review of group developments
and/or large developments. The use of this approach to designing group
developments and/or large developments will facilitate the subdividing
of group developments and/or large developments in the future (if
such action is so desired).
(10)
Roadway connections. All nonresidential projects shall have
direct access or through an easement to an arterial street or to a
collector level street deemed appropriate by the City Engineer.
(11)
Parking. Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in § 10-104 by 25% shall be allowed only with specific and reasonable justification.
(12)
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 physical
barrier visible to drivers and pedestrians, and by a minimum of 10
feet. Display areas on building aprons must maintain a minimum walkway
width of 10 feet between the display items and any vehicle drives.
(13)
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.
(17)
Noise. Noise associated with activities at the site shall not
create a nuisance to nearby properties.
(18)
Natural resources protection. Existing natural features shall
be integrated into the site design as a site and community amenity.
Maintenance of any stormwater detention or conveyance features are
solely borne by the developer/owner unless dedicated to and accepted
by the City.
(19)
Additional rules applicable to all large developments [per Subsection (2), definition of "large development," above].
(a)
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 the following
items:
1.
Traffic impact analysis. The City may require that a traffic
impact analysis 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 the 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 (LOS) 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 LOS C for a planning horizon of a minimum of 10 years
assuming full build-out of the development.
c.
The City has the option to require a trip generation study.
(b)
Economic and fiscal analysis. The City may require completion
of an economic and fiscal impact analysis containing the following
items:
1.
Estimate to what extent the proposed project would reduce the
proposed market area's economic base by eliminating existing businesses.
2.
Compare and evaluate the projected costs and benefits to the
community resulting from the project, including:
a.
Projected costs arising from increased demand for and required
improvements to public services and infrastructure.
b.
Value of improvements to public services and infrastructure
to be provided by the project.
c.
Projected tax revenues to the City to be generated by the project
in the first five years of business.
d.
Projected impact of the project in the first five years on land
values (both residential and nonresidential) and potential loss or
increase in tax revenues to the City of Shawano.
(c)
Building placement and site layout. Where buildings are proposed
to be distant from a public street, as determined by the Plan Commission,
the overall development design shall include smaller buildings on
pads or out-lots closer to the street. Placement and orientation must
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.
(d)
The City may require that a detailed neighborhood plan be submitted
and approved by the Plan Commission and Common Council. The detailed
neighborhood plan shall be prepared for all areas within 1,500 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. The detailed neighborhood plan
shall contain the following specific elements at a scale of not less
than one inch equals 400 feet:
1.
Land use with specific zoning districts and/or land uses.
2.
Transitional treatments such as berms and/or landscaping between
areas with differing land uses or character.
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.
Demonstrate that the proposed detailed neighborhood plan is
in harmony with the land use, multimodal transportation, utility,
stormwater management, community character provisions of the City's
Comprehensive Plan.
(e)
Building and parking placement. A maximum of 75% of all parking
spaces located anywhere on the site shall be located between the primary
street frontage right-of-way line and line of equal setback to the
most distant front wall of the building. The remainder of parking
on the site shall be set back a greater distance from this setback
line to the sides, street sides, and rear of the building unless the
applicant can demonstrate a hardship that is approved by the Plan
Commission.
(1)
This section shall apply to all buildings as of the effective date
of this chapter.
(2)
Where any building is vacated because the use or uses conducted thereon
are being 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)
Any building that is 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 10-119
Steps for Addressing Building Vacancy
| |
|---|---|
|
Time Period Building is Vacant
|
Requirement
|
|
Within 1 year of vacancy
|
Install a Fire Department access box for annual fire inspection
if the Fire Department determines it is necessary. Remove signage
and sign structures
|
|
Within 3 years of vacancy
|
City may require owner to paint the building a neutral color,
if not already done
|
|
Within 5 years of vacancy
|
City may require the removal of all hard surfaces, with the
exception of the main driveway and fire lane around the building,
restore the former hard-surfaced areas with black dirt and grass,
or any combination of the above
|
(c)
Within the first quarter of each year of 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 vacancy, the City may utilize other enforcement
options available to it to ensure property maintenance and upkeep
of the building and site.
(e)
Temporary occupancy of the building(s) and/or the exterior grounds
for a period of 365 consecutive days or less shall not be considered
to remove the vacancy status of the building under this section.
(4)
Additional requirements. All large developments are subject to the
following additional requirements:
(a)
The developer shall enter into a development agreement with
the City, which shall include the payment of all utilities, including
but not limited to stormwater, sanitary sewer, and street infrastructure.
Off-site improvements may also be required as part of the development
agreement.
(b)
All buildings located between the large building on the site
and a public street shall be of architectural quality comparable to
the primary structure, as determined by the Plan Commission.
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.
