Article IX Building and Site Design

General. The regulations of this § 475-901, in conjunction with the building types regulations of §§ 475-303 through 475-308, are intended to improve the physical quality of buildings, improve the long-term value and durability of buildings, enhance the pedestrian experience, and protect or establish the character of the Village.

Durable, high-quality. The minimum design regulations are intended to ensure use of well-tested, high-quality, durable, weather-resistant, exterior grade, preferably natural materials on the majority of finished surfaces, while permitting a wider range of materials for details. High-quality materials can improve the quality of buildings in that they weather well, have a lower failure rate, require a low level of maintenance, have a longer life cycle and sense of permanence, and maintain higher long-term value.

Simple, well-organized facades. The design regulations are intended to promote simpler, well-organized facades that are easy to comprehend and have a clear hierarchy.

Human-scaled building units. The design regulations are intended to yield building facade proportions that are comfortable to and in line with the scale of people. Additionally, a high level of detail relates facades to pedestrians and makes them more interesting and inviting.

Major facade materials. At least 65% of each street and nonstreet facade surface, not including window and door areas, must be composed of major materials in accordance with the regulations of Table 9-3.

Table 9-3 Allowed Major Facade Materials
Key: •	= allowed
		Building Types
Major Facade Material (alphabetical)		Storefront, General, Riverfront Building	Commercial Cottage	Row Building
A	Brick Full dimensional, unit, face brick	•	•	•
B C	Concrete Masonry Units Architectural, minimum 3 inches in depth, artisan stone look, varied sizes, (Eschelon Masonry or approved equal), stone face, hewn stone, rock cut	•	•	•
D	Fiber Cement Board Panels, finished lap siding or shingles		•	•
	Stone Natural, units	•	•	•
F	Stucco Cement-based, 2- to 3-layer hard coat		•	•
G	Wood Painted, stained, or treated lap siding, shingles		•

Simplicity of surface materials. At least 60% of each building or sixty-foot or wider facade division, not including window and door areas, must be faced of a single major material. See Figure 9-1.

Figure 9-1

Major and Minor Materials on a Facade

Side and rear facades. Permitted major facade materials must continue around the corner of a building from the street facade onto the side or rear facade for no less than 30 feet along the side or rear facade. See Table 9-3.

Other materials. An administrative design exception may be approved in accordance with § 475-1107 for materials not listed as permitted materials.

Color. The paint or finish colors of any major materials requiring an applied finish must be from an historic palette from any major paint manufacturer. Other colors may be used for details and accent materials.

Minor facade materials.

Maximum minor materials for surface areas. A maximum of 35% of each facade surface, not including window and door areas, may be composed of minor facade materials in accordance with the regulations of Table 9-4.

Table 9-4 Minor Facade Materials
Allowed major facade materials are allowed as minor facade materials, unless otherwise expressly prohibited in Table 9-6.
Minor Facade Material (alphabetical)		Allowed on Building Types/Districts	Allowed Facades	Maximum Amount on Each Facade
	Brick Economy size	All	Nonstreet facades only	100%
	Brick Thin, veneer	All	Nonstreet facades only	100%
	Concrete surfaces Finished stained, painted, treated	All	All, below first floor	20%
	Concrete masonry units Minimum 3 inches in depth, split-faced, burnished/ground face, glazed, or honed	All except commercial cottage	Nonstreet facades only	100%
H	Fiber cement board, composite Finished panels, finished lap siding or shingles	All	All, except a major material is required at grade up to 2 feet and adjacent to entrances.	35%
	Glass Curtain wall	All except commercial cottage	All facades	35%
I	Metal Architectural panel system with concealed fasteners	All except commercial cottage	All, except a major material is required at grade up to 2 feet and adjacent to entrances.	35%
	Metal, composite Aluminum composite materials (ACM) or panels (ACP) with concealed fasteners	All	Nonstreet facades only	35%
J	Metal, corten Panels or panel systems, not ribbed or corrugated with concealed fasteners	All	All	20%
	Stucco Cement-based, 2- to 3-layer hard coat	All	All	35% of street facade, 100% on other facades
	Stucco Synthetic or with elastomeric finishes	All	Only third or higher stories all facades	35%
	Terra cotta or ceramic Tiles or panels	All	All	20%
	Vinyl siding Minimum 0.38 inches thick	Allowed only on row building in NX District	All	60% of street facade, 100% on other facades
K	Wood Natural, aged lap siding, shingles, rainscreen system	All	All	20%
L	Wood, composite Rainscreen system	All	All	40%

Accents and details. Additional materials are permitted for trim, accents, and details in accordance with the regulations of Table 9-5, not included in the maximum surface area.

Table 9-5 Allowed Detail and Accent Materials
All permitted major and minor facade materials may be used for details, trim, and accents on all facades
M	Concrete details Precast stone ornamentation, lintels, sills, banding, columns, beams
	Fiber cement details Trim, soffits
N	Metal details Trim, ornamentation, lintels, beams, columns
	Wood and wood composite details Painted/treated trim, soffits, other approved details
O	Vinyl details Limited to soffits, window trim; minimum 0.04 inches thick

Table 9-6 Prohibited Materials
The following building materials are prohibited
P	Concrete, unfinished Untreated, unstained, unpainted
	Fiberglass and acrylic panels all
Q	Glass block
R	Metal panels Nonsystem, corrugated or ribbed panels
S	Plastic panels All, including high-density polyethylene and polycarbonate panels
T	Stucco mouldings or synthetic stucco mouldings Trim, sills, cornices, banding, columns, pilasters or other 3-dimensional details
	Wood Unfinished, untreated plywood and wood panels

Other materials. An administrative design exception may be approved in accordance with § 475-1107 for materials not listed as permitted minor materials or accent and detail materials.

Pitched roof materials. Allowed pitched roof materials include dimensional asphalt composite shingles, wood shingles and shakes, metal tiles or standing seam, slate, and ceramic tile. Engineered wood or slate may be approved through the administrative design exception process with an approved sample and documented examples of successful, high-quality installations within 100 miles of the site.

Materials installation quality. The intent of the materials installation quality regulations is to advance the quality of construction, durability, and aesthetics of new buildings, specifically related to application and detailing of facade materials. Changes in vertical surface materials for buildings must comply with the following regulations:

Changes in surface materials. Changes in surface materials, whether major materials or minor materials, may only occur at concave corners, minimum 12 inches deep. Surface materials are materials intended to cover the facade surface (such as unit materials, siding, stucco, panels) and do not include detail materials, such as but not limited to cast stone for lintels or cornices, exposed metal beams, or any material used to create a shadow line.

Materials hierarchy. Unit materials must be elevated from the face of the building above less detailed surface materials. For example, stucco, as a constant surface material, must be recessed behind a bricked surface. See Figure 9-2 for an example, where Material A is brick, Material B metal panels, and Material C stucco.

Figure 9-2

Diagram of Allowable Changes in Surface Materials

Shadow lines on surfaces. Shadow lines must be created at changes in materials with solid materials of a thickness that is greater than two inches, such as cast stone, masonry, or stone. For example, cast stone pieces may be offset to create a shadow where the convex corner of the piece is used to create the corner of the detail.

Appropriate grade of materials. Except the row building type, all doors, windows, and hardware must be of commercial grade quality.

Applique materials. Materials with thickness of less than 2.5 inches, including but not limited to stucco, may not be used or formed to create shadow lines.

Stucco installation. Any stucco construction must be of the highest installation quality and comply with the following criteria:

All stucco joints must be aligned along the facade in the pattern shown on the elevations submitted for the site plan approval. Joints must also align with the locations of windows and doors and other changes in material.

The stucco wall assembly must be indicated on the plans specifying stucco type and construction.

Design exception. Modification to these material installation regulations may be approved through an administrative design exception.

Windows. Windows on street and public way facades of all buildings are subject to the following regulations:

Amount. Each building must comply with the transparency regulations applicable to the subject building type.

Recessed. All windows, with the exception of ground-story storefront systems and glass curtain wall systems, must be recessed with the glass a minimum of two inches back, measured from the facade surface material or adjacent trim.

Vertical orientation. All windows must be vertically oriented except that when a flat building cap is used, horizontally oriented windows may be used for up to 30% of the total transparency area of each upper story.

Visibility through glass. Reflective glass and glass block are prohibited on street and public way facades. Windows must comply with the transmittance and reflectance factors established in the transparency definition. (See § 475-1502.)

Expressed lintels. For masonry construction, the expression of lintels must be included above all windows and doors by a change in brick coursing or by a separate detail or element. See Figure 9-3 for illustrations of expressed lintels.

Figure 9-3

Vertically Oriented Windows with Expressed Lintels

Shutters. When functional or nonfunctional shutters are used on a street or public way facade, the shutters must comply with the following regulations. See Figure 9-5 for examples of shutters.

Figure 9-5

Examples of Shutters

Size. All shutters must be sized for the windows, so that, if the shutters were to be closed, they would not be too small for complete coverage of the window.

Materials. Shutters must be wood, metal, or fiber cement. Other synthetic and engineered woods may be approved through an administrative design exception, provided that the applicant submits a sample and examples of high-quality, local installations of the material, located within 100 miles of the site.

Awnings, canopies, and light shelves. Awnings, canopies, and light shelves on all buildings must be constructed in accordance with the regulations of this subsection. See Figure 9-4 for examples of awnings.

Figure 9-4

Examples of Awnings

Encroachment. Detachable awnings and canopies may encroach upon a required setback to within one foot of a lot line, but may not extend into a right-of-way or easement.

Attached awnings and canopies. Awnings and canopies that are attached to the building and removable are subject to the following regulations:

Material. All awnings and canopies must be canvas or metal. Plastic awnings are prohibited. Other materials may be approved with an administrative design exception.

Shapes. Waterfall or convex, dome, and elongated dome awnings are permitted only when approved as an administrative design exception in accordance with § 475-1107.

Lighting. Backlit awnings are prohibited.

Structures. Frames must be metal and must be wall-mounted. Support poles from the ground are prohibited unless the awning is over eight feet in depth and used for outdoor eating areas or entrances.

Multiple awnings on the facade. When more than one awning is mounted on a facade, the awning types and colors must be coordinated.

Canopies and light shelves. Permanent canopies, projections, or overhangs used as architectural features, light shelves, or shading devices are permitted.

Clearance. All portions of any awning, canopy, or light shelf must provide at least eight feet of clearance over any walkway and 15 feet of clearance over vehicular areas.

Signs. See Article X for signs on awnings and canopies.

Balconies. Balconies on a facade facing any street, courtyard, open space, or public way must comply with the regulations of this subsection. See Figure 9-6 for examples of balconies.

Figure 9-6

Examples of Balconies

Definition. For the purpose of this subsection, "balconies" must include any roofed or unroofed platform that projects from the wall of a building above grade that is enclosed only by a parapet or railing. This definition does not include false balconies, juliet balconies, or balconettes.

Balconettes. Sometimes referred to as juliet balconies, balconettes are false balconies consisting of a rail and door, either without an outdoor platform or with an outdoor platform less than 18 inches in depth. Balconettes are permitted and do not count towards the maximum permitted amount of balcony on a street facade.

Size. Balconies must be a minimum of four feet deep and five feet wide.

Integrated design. Balconies are intended to be integrated with the design of the facade, avoiding tacking the balconies onto the facade after the elevation has been designed.

A minimum of 50% of the perimeter of each balcony must abut an exterior wall of the building, partially enclosing the balcony.

The balcony support structure must be integrated with the building facade; separate columns or posts supporting any balcony from the ground are prohibited.

Platform. The balcony platform must be at least three inches thick, and any underside of a balcony that is visible from any public way must be finished.

Facade coverage. A maximum of 35% of the public way frontage facades, calculated separately for each facade, may be covered by balconies. The balcony area is calculated by drawing a rectangle around the following: the platform or floor of the balcony; any rails, walls, columns or indentations; and any ceiling, roof, or upper balcony.

Build-to zone requirement. The portion of the facade occupied by an upper-story balcony is exempt from build-to zone regulation.

Right-of-way. Balconies may not extend into any right-of-way or easements except as otherwise approved by the Village.

(9)

Exception. An administrative design exception may be approved for an alternate balcony design in accordance with § 475-1107.

Principal entryway. See Figure 9-7 for examples of defined principal entryways. Principal entrances to all buildings or units must be clearly delineated through one or more of the following design features:

Figure 9-7

Examples of Defined Principal Entryways

Roof or canopy. The entryway is covered by a roof or canopy differentiating it from the overall building roof type.

Porch. The entryway is through a porch.

Sidelights and transom. Sidelights or transom windows are included around the entryway.

Extended articulation. The entryway is included in a separate bay of the building that extends up at least two stories.

Other design. Entryway designs that do not comply with the regulations of this subsection may be approved in accordance with the administrative design exception procedures of § 475-1107 if it is determined that the design adds emphasis and draws attention to the entryway.

Building articulation. The building articulation regulations of this subsection apply to all building types. See Figure 9-9 for examples of building facade variety and articulation of stories.

Figure 9-9

Examples of Building Facade Variety and Articulation of Stories

Building facade variety. Each public way facade 120 feet in length or greater, as measured along any street or public way frontage must be varied in segments less than or equal to 90 feet. Each facade segment must vary in at least three of the following ways:

The type of dominant material or by color, scale, or orientation of that material;

The proportion of recesses and projections within the build-to zone;

The location of the entrance and window placement;

Roof type, plane, or material, unless otherwise stated in the building type requirements; or

Building heights.

Articulation of stories. Stories must be articulated on street and public way facing facades.

Fenestration or window placement on street facades must be organized by stories.

Horizontal shadow lines and lintels over openings may be used to delineate stories with minimum shadow lines as required for the subject building type.

Mezzanines that fall within the range of floor-to-floor heights of the building type must be articulated on the facade and require separate calculation for transparency.

Spaces exceeding the allowable floor-to-floor heights of the building type must be articulated as multiple stories on the street facade.

Arcade design. See Figure 9-8 for an illustration of an arcade. The following requirements apply to arcades. An arcade is a covered pedestrian walkway within the recess of a ground story.

Figure 9-8

Illustration of Arcade

Depth. An open-air public walkway must be recessed from the principal facade of the building a minimum of eight feet and a maximum of 15 feet.

Build-to zone. When an arcade is used, the outside face of the arcade is to be construed to be the front facade, located within the required build-to zone.

Column spacing. Columns must be spaced between 10 feet and 12 feet on center.

Column width. Columns must be a minimum of one foot eight inches and a maximum two feet four inches in width.

Arcade openings. Openings may not be flush with the interior arcade ceiling and may be arched or straight.

Horizontal facade division. A horizontal shadow line must define the ground-story facade from the upper stories.

Visible basement. A visible basement is not permitted.

Exception. An administrative design exception may be submitted for approval of an alternate arcade design.

Vistas. Views down streets must be considered when laying out streets and locating open space, parking, and buildings. See Figure 9-10 for an illustration of a vista.

Figure 9-10

Example of Terminated Views at Buildings and Civic Open Space

Rears of buildings. The location of open space and streets may not create views of the rear of buildings or parking behind buildings.

Parking. Parking structures and surface parking lots are not permitted at the termination of a street vista.

Street termini. When a street terminates at a parcel, the parcel must be occupied by open space or a building, as follows:

If the parcel is open space, a vertical element must terminate the view. Acceptable vertical elements include, but are not limited to, a stand or group of trees, a sculpture, a gazebo or other public structure, or a fountain.

If the parcel is not used as an open space, the facade of a building, whether fronting a primary street or not, must terminate the view. The building must incorporate a tower, a bay or a courtyard to terminate the view.

Garage doors. The following requirements apply to garage doors provided on any street facade.

Location.

Primary frontages. Garage doors are permitted on primary street facades only when used for patio access, open air dining, or display and not used for vehicular access.

Nonprimary frontages. Garage doors may be permitted on nonprimary street facades with direct access to the street where permitted by building type.

Interior lot facades. The preferred location is on interior lot facades.

Recessed from facades. Garage doors located on street-facing facades must be recessed a minimum of three feet from the dominant facade of the principal building facing the same street.

Design.

Garage doors facing a nonprimary street and intended to be closed during business hours must be clad with materials consistent with the design of the building.

On primary frontage facades, garage doors must be a minimum of 50% glass.

Carriage-style windows in the door or upgraded architectural doors are required on the row building type.

Ground story at sloping facades. See Figure 9-11 for examples of ground story treatments.

Figure 9-11

Examples of Ground-Story Elevations Along Slopes

Storefront. The following regulations apply to all nonstorefront facades along sloping streets:

Grade transitions on the building along the sidewalk should be designed to maximize active pedestrian-scale frontages between waist and eye level while minimizing blank walls.

The interior floor level must step to match the exterior grade within three feet. With approval of an administrative design exception, changes in grade may be accommodated by a storefront window display space.

Knee wall and retaining walls may not exceed 30 inches in height except along a maximum fifteen-foot section of facade length.

If grade change is more than nine feet along a single block face, entrance requirements may be increased to one entrance per 90 feet of building frontage.

If grade change is more than nine feet along a single block face, building entrances adjacent to the street must be within three feet of the elevation of the adjacent sidewalk.

Nonstorefronts. The following regulations apply to all nonstorefront facades along sloping streets:

Grade transitions at the building along the sidewalk must be designed to minimize blank walls. Multiple front entrances along the street activate each segment of building section at each grade.

The interior floor level must step to match the changes in exterior grade within a three-foot range. With an administrative design exception approval, deeper transition zones between the sidewalk and building facade of porches, terraces, and landscape areas may be used to assist with grade changes.

Changes can be accommodated by terraced planters and retaining walls. Retaining walls may not exceed 30 inches in height except along a maximum fifteen-foot section of frontage.

When the elevation of the first floor is more than three feet above grade, windows should be provided into the basement or lower floor elevations.

Mechanical equipment and appurtenances. Mechanical equipment and appurtenances can have a negative visual impact and detract from the quality of the design of a building. The purpose of these regulations is to ensure that the visual impact of mechanical equipment and appurtenances is minimized. See Figure 9-9 for illustrations.

Mechanical equipment in building. Mechanical equipment must be located within the building, unless the applicant demonstrates the equipment is necessary for the function of the building and locating the equipment within the building would conflict with the equipment's function.

Rooftop mechanical equipment. Any rooftop mechanical equipment, such as but not limited to vents, ducts, condensers, and ventilators, and not including solar panels, must be located consistent with one of the following methods:

Figure 9-13

Rooftop Utilities Screened from Public Way by Parapet

Incorporate equipment into the roof design consistent with the applicable building cap regulations of § 475-309.

Set the equipment back a minimum of 20 feet from any street or public way facade.

To the extent practicable, all rooftop mechanical must be painted to blend with the structural roof and limit its visibility.

Rooftop mechanical equipment visible from adjacent highways must be screened with materials consistent with the building design.

Solar panels are permitted, subject to the regulations of § 475-709L.

Mechanical equipment and utility appurtenances on facades. Mechanical equipment and utility appurtenances may not be located on a facade unless the applicant demonstrates that locating the equipment in a different location would conflict with the equipment's function. Any equipment or appurtenance approved on a facade, such as dryer vents, gas meters, and air conditioners are subject to the following regulations:

The mechanical equipment may be located on a primary facade only if the following requirements are met:

The equipment is located on a surface perpendicular to any right-of-way;

The equipment extends from the facade surface no more than three inches; and

The equipment is screened from the sidewalk.

Multiple pieces of mechanical equipment must be organized on the facade in a regular pattern and aligned. Compliance with this regulation must be illustrated on the drawing elevations submitted as part of the application.

To the extent practicable, facade-mounted mechanical appurtenances must be located on a material that limits their visibility. For example, dark colored vents will be more visible on light colored stucco than a textured, darker surface such as brick.

Figure 9-12

Utility Appurtenances Located on Facades

Mechanical equipment and utility appurtenances on other horizontal surface. Mechanical equipment and utility appurtenances located on the ground, decks, or horizontal surfaces other than the roof (e.g., electrical equipment and air conditioners) are subject to the following regulations:

No encroachment. Mechanical equipment may not extend into any Village right-of-way or easement.

Yard location. Mechanical equipment may not be located in a front or street side yard.

Screening from streets and civic spaces.

All equipment must be screened from view from any streets, open space, or civic space with landscaping, fencing, or walls consistent with the building design, colors, and materials.

Where landscaping only is employed, a single row of evergreen shrubs must fully screen the equipment within one year of installation. The Planning Director may require additional landscape materials. See § 475-903 for landscape regulations.

Where landscaping is employed, the utility must be located in a larger landscape area and the landscape screen must be designed as part of the bed design.

The Planning and Zoning Administrator is authorized to approve appurtenances located on a primary street only if the following conditions are met:

The applicant demonstrates that the equipment cannot be located in a rear yard, nonprimary street yard, or in a side yard.

No utility cabinets, boxes, or other appurtenances are within 200 feet along the same side of the street as the proposed utility appurtenance.

The appurtenance is fully screened in a manner that is consistent with the building design, colors, and materials and of a height that is the minimum to adequately screen the appurtenance and that does not prevent the facade from fulfilling any transparency requirements. See Figure 9-14 for examples of poorly located, unscreened equipment on primary streets.

Figure 9-14

Examples of Poorly Located Utility Appurtenances Without Screening on Primary Streets Not Permitted

The appurtenance is located a minimum of 35 feet from a street intersection, measured from the intersection of the curbline, and does not impact the sight vision clearance at intersections.

Design exception. An administrative design exception may be requested for an alternate mechanical equipment location and screening design.

§ 475-902 Auto-oriented structures.

Parking structures. Parking structures along any nonprimary street frontage must comply with the following. See Figure 9-15 for one illustration of a parking structure.

Figure 9-15

Illustration of Parking Structure

Location. Parking structures are permitted in the rear of any lot. Frontage is permitted along nonprimary streets only.

Materials. The major and minor material requirements of § 475-901 must be met on all street facades. Additional permitted minor material is stained, finished concrete.

Ramps and slopes. Ramps and slopes must be located on nonstreet facades.

Vertical divisions. Vertical divisions extending the full height of the structure are required every 30 feet to de-emphasize the horizontal decks. Divisions must be a minimum of two feet in width with a minimum projection of two inches.

Blank wall limitations. No rectangular area greater than 30% of any story's facade, as measured from floor to floor, and no horizontal segment of a story's facade greater than 15 feet in width may be solid, blank wall.

Entry tower. A defined pedestrian entrance/exit is required separate from the vehicular entrance and directly accessing the sidewalk. If the space is enclosed, windows are required to provide transparency of at least 65%.

Cap. The top story of the parking structure must include a parapet or cap type along the street facades. See the building cap regulations of § 475-309.

Fueling stations. Fueling stations and car washes must comply with the following. Refer to Figure 9-16 for one illustration of a compliant fuel station.

Figure 9-16

Illustrations of Fuel Stations

Location of pumps. Any fueling pumps shall be located in the rear or interior side yard.

Convenience store/building. A building on the premises of a fueling station shall be located in the build-to zone and shall occupy any corner. The building shall fulfill all requirements of the building type with the exception of the minimum primary frontage coverage and the minimum height requirement.

Car wash facility. Any car wash facility shall be located in the rear of the lot. Vehicle entrance doors may be located on the rear facade, nonprimary street facade, or an interior facade not visible from the primary street. Vehicular entrances are prohibited on the primary street facade, unless otherwise approved through an administrative design exception. (See § 475-1107.)

Additional drive entrance. One driveway entrance, in addition to the driveways permitted by building type, is permitted on the lot, maximum width 22 feet. With an approved administrative design exception (See § 475-1107.), the driveway may be located on the primary street.

§ 475-903 Landscape and screening.

Purposes. The landscape and screening regulations of this section establish minimum requirements for landscaping and screening. The regulations are intended to advance the general purposes of this chapter and to help:

Maintain and enhance the Village's appearance;

Mitigate possible adverse impacts of higher-intensity land uses abutting lower-intensity land uses;

Reduce the impacts of noise and glare;

Maintain and improve air quality;

Protect surface water quality and reduce the negative impacts of stormwater runoff by providing vegetated areas that filter and absorb stormwater;

Moderate heat by providing shade;

Encourage wise use of water resources; and

Encourage preservation and replacement of existing trees and vegetation.

Applicability.

The landscape and screening regulations of this article apply to lots occupied by multiunit residential buildings and to lots in mixed-use, commercial and employment zoning districts, as further identified in the individual subsections of this article.

The landscape and screening regulations do not apply to any of the following:

Agricultural uses.

Public parks and open spaces.

Reconstruction of any building that is damaged or destroyed by fire, natural disaster or other means beyond the reasonable control of the property owner.

Approvals. The Planning and Zoning Administrator may request the Village Forester to components of this section.

Street trees.

Purpose. Street trees help maintain and enhance the appearance of the Village, contribute to pedestrian safety and comfort and offer environmental benefits by allowing the infiltration of stormwater, reducing urban heating and improving air quality.

Applicability. The street tree planting requirements of this section apply to all the following, except as otherwise expressly stated:

Construction of any principal building or nonaccessory parking;

Any addition to or enlargement of an existing principal building when the addition or enlargement exceeds 20% of the building's existing floor area; and

Any increase in impervious coverage on the subject lot that exceeds 20% of the lot's existing impervious coverage.

Number. At least one large tree must be installed per 50 feet of street frontage. If large trees are not appropriate due to the presence of overhead lines, other obstructions or site visibility considerations, as determined by the Planning and Zoning Administrator, at least one small tree must be installed per 30 feet of street frontage. Instead of installing required street trees, the applicant may elect to pay into the Village's Tree for a Fee Fund in an amount established by the Village Board.

Location.

Required street trees must be located in the boulevard of the street right-of-way unless the Planning and Zoning Administrator determines that obstructions or other factors prevent tree planting within this area, in which case required street trees must be installed on the subject property within 20 feet of the street right-of-way.

The Planning and Zoning Administrator is expressly authorized to approve payment into the Village's Tree for a Fee Fund for Village installation of trees in the right-of-way.

The Planning and Zoning Administrator is expressly authorized to approve an alternative compliance landscape plan for installation of street trees in alternative locations or payment into the Village's Tree for a Fee Fund when circumstances prevent street tree planting or when compliance with street tree planting location requirements would result in a poor growing environment for the tree or damage to public or private improvements.

Required street trees must be located within pervious landscape areas or within tree wells.

Spacing. Street trees are not required to be evenly spaced, but the distance between street trees may not exceed 75 feet.

Materials, installation and maintenance. See Subsection G of this section (§ 475-903).

Parking lot screening.

Purpose. The parking lot screening regulations of this section are intended to help mitigate the visual and operational impacts of parking lots when such areas are adjacent to streets or residential zoning districts.

Applicability. Unless otherwise expressly stated, the parking lot screening regulations of this section apply to all the following:

The construction or installation of any new parking lot with a contiguous paved area of 3,500 square feet or more; and

The expansion of any existing parking lot that results in the addition of 3,500 square feet of paved area, in which case the parking lot screening requirements of this section apply only to the expanded area.

Street frontage screening.

When a parking lot is located adjacent to a street right-of-way, parking lot screening must be provided in accordance with the regulations of this section to visually screen the parking lot from the right-of-way.

Parking lot screening is required only when the parking lot is located within 100 feet of the right-of-way and there are no intervening buildings between the parking lot and the right-of-way.

Except as expressly stated for parking lots in the MX1 Zoning District, parking lot screening areas must be at least seven feet in width.

In the MX1 Zoning District, required parking lot screening areas must be at least three feet in width.

To provide visual screening of parking lots, evergreen shrubs must be planted to form a continuous visual barrier (hedge) at least three feet in height. A screening wall with a minimum height of three feet and a maximum height of 3.5 feet may be substituted for the shrubs. Walls used to satisfy parking lot screening requirements must be constructed of brick, stone, cast stone, formed concrete or similar durable, low-maintenance materials. Walls and hedges must be located out of the vision triangle for driveways.

R District screening.

When a parking lot is located adjacent to an R-zoned lot, R District screening must be provided in the form of either of the following options:

The installation of an opaque fence at least eight feet in height and at least one tree per 30 linear feet of fence; or

The installation of a masonry wall with a minimum height of six feet.

When located in a required street setback, R District screening fences and walls may not exceed three feet in height.

R District screening is required only when the parking lot is located within 100 feet of an abutting R-zoned lot and there are no intervening buildings between the parking lot and the abutting R-zoned lot.

Vehicle overhangs. A portion of a motor vehicle parking space may be landscaped instead of paved to meet parking lot screening requirements. The landscaped area may be up to two feet of the front of the space, as measured from a line parallel to the direction of the bumper of the vehicle using the space. Ground cover plants or mulch must be provided in the allowed vehicle overhang area.

Materials, installation and maintenance. See Subsections H and I of this section (§ 475-903).

Parking lot interior landscaping.

Purpose. The parking lot interior landscaping regulations of this section are intended to help mitigate the visual and stormwater runoff impacts of parking lots and provide shade for parked vehicles and pedestrians.

Applicability. Unless otherwise expressly stated, the parking lot interior landscaping regulations of this section apply to all the following:

The construction of any new principal building or addition to a principal building that increases the floor area of principal buildings on the subject lot by more than 20%;

The construction or installation of any new parking lot containing 10 or more parking spaces; and

The expansion of any existing parking lot that increases the number of parking spaces or amount of paved area by more than 33%.

Exception. Parking areas used solely for the display of motor vehicles for sale, lease or rental are exempt from the parking lot interior landscaping requirements of this section.

Required trees. Required parking lot interior landscape areas must include at least one large tree per 10 parking spaces. Small trees may be substituted for large trees if the Planning and Zoning Administrator determines that the presence of overhead lines or other obstructions or site visibility considerations make the installation of large trees unsafe or impractical.

Location and design.

Required trees must be reasonably distributed throughout the parking lot. Unless otherwise approved by the Planning and Zoning Administrator, required trees must be provided in landscape islands or medians that comply with all the following requirements:

Islands or medians must be bordered by a paved surface on at least two sides;

Islands or medians must be at least seven feet wide, as measured from the back of the curb, with a preferred width of 10 feet and a minimum area of 160 square feet; and

Islands or medians must be protected by curbs or other barriers, which may include breaks or inlets to allow stormwater runoff to enter the landscape area.

Parking rows that end abutting a paved driving surface must have a landscape terminal island (end cap) at that end of the parking row.

The Planning and Zoning Administrator is expressly authorized to approve landscape plans that do not provide terminal islands at the end of each parking row or that otherwise provide for reduced dispersal of interior parking lot landscape areas when proposed landscape planting areas are combined to form functional bioretention areas or to preserve existing trees and vegetation.

Vehicle overhangs. A portion of a motor vehicle parking space may be landscaped instead of paved to meet interior parking lot interior landscaping requirements. The landscaped area may be up to two feet of the front of the space, as measured from a line parallel to the direction of the bumper of the vehicle using the space. Ground cover plants or mulch must be provided in the allowed overhang area.

Relationship to screening regulations. Landscape areas and plant material provided to satisfy the parking lot screening regulations of Subsection E of this section (§ 475-903) may not be counted toward satisfying the parking lot interior landscaping regulations of Subsection F of this section (§ 475-903).

Materials, installation and maintenance. See Subsections H and I of this section (§ 475-903).

Screening.

Purpose. Screening requirements are intended to partially or completely shield expressly identified uses and site features from view of abutting streets or other abutting lots.

Features required to be screened.

General. This subsection establishes screening requirements for several common site features that require visual separation from streets and abutting lots. Other uses, districts, structures and activity areas may also require screening in accordance with other provisions of this chapter.

Dumpsters and recyclable material bins. All dumpsters and recyclable material bins must be screened from view of street rights-of-way and all abutting properties. Required screening must consist of an opaque fence or wall with a minimum height of six feet. One side of the storage area must be furnished with an opaque, lockable gate.

Outdoor storage areas. All outdoor storage areas established in X Districts (where allowed) must be screened from view of abutting lots and street rights-of-way with an opaque fence, wall or vegetative landscape screen at least six feet in height.

Modification of requirements. Applicable screening requirements may be waived or modified through the alternative compliance approval when:

Existing features provide a visual screen equivalent to the screening requirements of this section;

The screening requirements cannot be achieved; or

The screening is prohibited by other ordinances or regulations.

Screening or setbacks triggered by proximity to R Districts. When a screening wall or fence or setback is required by this chapter because a use abuts one or more R Districts, such wall, fence, or setback is not required if the actual use of the abutting R District is a nonresidential use or a nonresidential development area.

Landscape and screening material.

General.

Applicability. The regulations of this section apply to all trees, plant materials, and other features used to satisfy the landscaping and screening requirements of this chapter.

Selection. Trees and plants used to satisfy the requirements of this chapter must:

Meet or exceed the plant quality standards established in the latest edition of the American Standard for Nursery Stock (ANSI Z60.1);

Be native to North America adapted for growing conditions in the Allouez area, as determined by the Village Forester; and

Not be artificial plants or plants listed as nuisance or undesirable species in the Village's Arboricultural Specification Manual.

Planting areas.

All planting areas must have amended soil to help ensure the health of newly installed plant material.

All planting areas must be contained by edging material other than vegetation, tree rings, or a natural cut edge.

Trees.

Size of new trees. New or transplanted trees provided to satisfy the requirements of this chapter must comply with the following minimum size requirements:

Large trees must be selected from the list of large trees identified in the Village's Arboricultural Specification Manual or equivalent species approved by the Planning and Zoning Administrator. Large trees must have a minimum caliper size of two inches and a minimum height of 10 feet at the time of installation.

Medium trees must be selected from the list of medium trees identified in the Village's Arboricultural Specification Manual or equivalent species approved by the Planning and Zoning Administrator. Medium trees must have a minimum caliper size of two inches and a minimum height of eight feet at the time of installation.

Small trees must be selected from the list of small trees identified in the Village's Arboricultural Specification Manual or equivalent species approved by the Planning and Zoning Administrator. Small trees must have a minimum caliper size of 1.5 inches and a minimum height of six feet at the time of installation.

[4]

Evergreen trees must have a minimum height of six feet at the time of installation.

Species. If more than 10 trees are required, no more than 35% may be of a single species. This requirement applies to trees being planted, not to existing trees.

Credits for existing trees.

Preserved trees will be credited toward satisfying the tree planting requirements of this chapter in accordance with the following:

Preserved trees up to six inches in diameter at breast height (DBH) will be credited as three trees;

Preserved trees larger than six inches DBH, up to 12 inches DBH will be credited as four trees;

Preserved trees that are more than 12 inches DBH up to 24 inches DBH will be credited as five trees; and

[4]

Preserved trees that are more than 24 inches DBH will be credited at a ratio of 10 trees.

To receive tree preservation credit, the following additional conditions must be met:

Preserved trees for which credit is given must be in good health and condition and may not be prohibited species;

The original grade of the dripline area of a preserved tree may not be changed; and

Tree protection fencing must be installed around the outer limits of the dripline area and remain in place from commencement of construction activity until all exterior work is complete. Tree protection fencing must consist of orange vinyl construction fencing, chain-link fencing, snow fencing or other similar fencing at least 42 inches in height and supported at no more than ten-foot intervals by posts or stakes to keep the fence upright and in place. A visible warning/no-disturb sign must be affixed to the fence at 100-foot intervals.

The Planning and Zoning Administrator is expressly authorized to reduce off-street parking requirements to allow for the preservation of existing trees.

Shrubs.

New shrubs.

Deciduous shrubs must have a minimum container size of five gallons.

Evergreen shrubs must have a minimum container size of five gallons.

Shrubs may also be balled and burlapped.

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Shrubs must have a minimum height of 18 inches at time of planting.

Existing (preserved) shrubs. Existing shrubs may be used to satisfy the landscaping and screening requirements of this chapter if protected and maintained during site development and construction phases of work.

Perennial plants. Perennial plants must have a minimum container size of one gallon.

Ground cover.

All required landscape areas that are not planted with trees or shrubs must be covered with ground cover plants, which may include turf. Mulch must be confined to areas underneath trees and shrubs and is not an allowed substitute for ground cover.

Ground cover plants other than turf must be minimum four-inch pot or plug size. Areas planted in ground cover other than turf must be planted at distances appropriate for the species and at a density that will achieve complete coverage after the second full growing season.

Mulch. All required trees and shrubs must be located within a mulched or landscape-stone covered area and be separated from turf by a minimum distance of two feet (four-foot diameter mulched area). Mulch or stone must be applied to provide a two-inch (minimum) to four-inch (maximum) soil cover, with no weed barrier material visible.

(9)

Fences and walls. Unless otherwise expressly stated, fences and walls provided to meet the regulations of this article are subject to the regulations of this section.

Fences must be durable and constructed with materials that are customarily used for fences, including wood, decorative rigid vinyl (polyvinyl chloride), metal or wrought iron. Fence posts must be structurally stable.

The finished side of all fences other than tree protection fences must face the adjacent property or street. Chain-link fencing may not be used to satisfy the regulations of this article.

Walls, raised planting beds and planters must be constructed of brick, stone or other durable masonry material approved by the Planning and Zoning Administrator.

Installation and maintenance.

Installation.

Required landscaping must be installed in accordance with an approved landscape plan.

All trees and plant material must be installed in accordance with sound nursery practices, in a manner designed to encourage vigorous growth.

All newly installed trees must be staked.

Planting areas should be at least twice the diameter of the root system or the container.

All landscaped areas that are adjacent to pavement must be protected with curbs or equivalent barriers. Flush curbs, curb cuts, or other methods must be used to direct stormwater to landscape areas that abut paved areas.

(f)

Landscaping may not obstruct traffic visibility at street intersections or driveways and must comply with all applicable intersection sight distance regulations.

(g)

When landscaping is placed or installed within the public right-of-way, the Village has no obligation to replace or repair such landscaping if removed or damaged by Village field operations or other governmental functions. The Village also has no obligation to maintain aboveground or below-ground improvements or landscaping within the public right-of-way.

Protection. All landscape areas provided to meet the requirements of this chapter must be protected from potential damage by adjacent uses and development, including parking and storage areas.

Irrigation.

All required landscaped areas must be provided with irrigation in accordance with one of the following two options:

A permanent irrigation system with a controller to tailor watering schedules to weather and site conditions; or

A temporary irrigation system that provides enough water to ensure that all trees and plants will become established.

Irrigation systems must comply with all applicable building and plumbing codes.

Irrigation systems must be on private property, outside the right-of-way.

Timing of installation. All required landscaping and appurtenances must be installed within 180 days after issuance of a certificate of occupancy or temporary certificate of occupancy.

Maintenance.

Required landscaping and screening must be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris cleanup; and replacement of dead, diseased or damaged plant material.

Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this chapter.

The property owner is responsible for maintenance of trees and landscaping in accordance with the approved landscape plan and the regulations of this chapter. Any dead, diseased or damaged trees, landscaping or screening materials must be removed and replaced by the property owner within 90 days of date that written notice of the obligation to remove and replace required landscaping is issued by the Village. Property owners have no obligation to replace or restore required landscaping that is damaged or destroyed as a direct result of government action or lawful action of a franchise utility provider.

All trees shall be allowed to grow to their natural size and shape with pruning only as necessary to maintain good tree health.

Landscape plans.

Preparation of landscape plan. Landscape plans must be sealed and signed by a landscape architect or landscape designer licensed to practice in the State of Wisconsin.

Required information. All building permit applications for sites requiring landscaping must include a landscape plan that complies with the landscape plan submittal requirements specified by the Planning and Zoning Administrator. Such submittal requirements must be in writing and made available to the public.

Administrative review. After receipt of a complete landscape plan, the Planning and Zoning Administrator must:

Approve the landscape plan as complying with the requirements of this article;

Approve the landscape plan with conditions of approval that will bring it into compliance with the requirements of this article; or

Reject the landscape plan as failing to comply with the requirements of this article.

Alternative compliance.

To accommodate creativity in landscape and screening design and to allow for flexibility in addressing site-specific development/redevelopment challenges, the Planning and Zoning Administrator is authorized to approve alternative compliance landscape plans sealed by a landscape architect licensed to practice in the State of Wisconsin. In order to approve an alternative compliance landscape plan, the Planning and Zoning Administrator must determine that one or more of the following conditions or opportunities are present:

The subject site has space limitations, an unusual shape or other factors that make strict compliance with applicable landscaping and screening regulations impossible or impractical;

Physical conditions on or adjacent to the site, such as topography, soils, vegetation or existing structures or utilities, are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this article;

Safety considerations, such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this article.

The Planning and Zoning Administrator is expressly authorized to approve alternative compliance landscape plans for projects implementing low-impact development practices or seeking sustainable development or green building certification from nationally recognized organizations, such as the International Code Council, the U.S. Green Building Council, the International Living Future Institute, the U.S. Green Building Initiative or Sites.

§ 475-904 Outdoor lighting.

Purpose. The outdoor lighting regulations of this section establish lighting levels for various permitted uses that promote visual surveillance, reduce the potential for criminal activity and prevent unnecessary glare and light trespass onto adjacent properties.

Light trespass.

Outdoor lighting must be designed, installed and maintained to confine illumination to the subject property. Maximum light trespass onto adjacent property is limited to the levels established in Table 9-1, as measured at any point along the property line of the lot receiving the spillover light. Compliance with these light trespass regulations must be achieved by fixture shielding, directional control designed into fixtures, fixture locations, height, aim or a combination of these or other factors.

Table 9-1 Maximum Light Trespass (Spillover)
Zoning (lot receiving spillover light)	Maximum (footcandles)
Residential	0.20
All other districts	0.50