Town of St. Joseph, WI Chapter 81 Design Regulations

[HISTORY: Adopted by the Town Board of the Town of St. Joseph 5-13-2021 by Ord. No. 2021-07.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 81, Design Regulations, adopted 4-12-2018 by Ord. No. 2018-1.

Article I General Provisions

§ 81-1 Purpose; intent; applicability.

A. Purpose. This chapter was adopted by the Town Board after its receipt of a formal written recommendation from the Town Plan Commission to adopt the chapter and after a public hearing preceded by a Class 2 published notice. The purpose of this chapter is to regulate design standards for new construction and adaptive reuse, alteration, or expansion, of intensive development in the Town of St. Joseph ("the Town"), St. Croix County, Wisconsin ("the county"). This is to ensure development is in context with surrounding development, meets the Town's comprehensive plan vision and goals, and preserves the Town's rural characteristics while allowing for design innovation. It is not the intent of these standards to limit new construction or building alterations to one particular design style, but to create and enhance an aesthetic whole. Intensive development shall include commercial, industrial, mixed-use, multifamily residential, public, civic, institutional, utilities, and agricultural tourism development.

B. Intent. The specific intentions of this chapter are to:

(1) Provide guidelines for the determinations of the Plan Commission, which is charged with the responsibility for design review of intensive development and to avoid decisions based on individual tastes and preferences in the review and approval of plans.

(2) Establish clear and easily understood design criteria to guide property owners and their architects and engineers in the appropriate design of new construction and building expansions of intensive development.

(3) Ensure development in the Town is built to a human scale.

(4) Achieve the Town's comprehensive plan vision and goals.

(5) Provide safe and enjoyable environments for persons of all ages.

(6) Represent the best balance between the architectural heritage, character of the Town and surrounding areas, existing architecture and engineering, and the natural constraints of the land.

(7) Incorporate lighting, planting, parking, signage, and site amenities such as fountains, sculpture and street furniture into the design of buildings and development areas.

(8) Require site development to relate to a specific theme and be consistent regarding materials and design elements.

(9) Require development to be sensitive to development demands, pedestrian and bicycle traffic patterns, the existing natural environment, and the needs of residents, merchants, visitors, owners, and tourists.

C. Applicability.

(1) This chapter shall apply to all intensive development, as defined in § 81-2, that occurs or is proposed to occur, including expansions of intensive development within the geographic limits of the Town of St. Joseph. The development of land in the Town is also under the concurrent jurisdiction of other Town ordinances and St. Croix County ordinances.

(2) The following types of uses shall conform to the regulations in this chapter:

(a) Commercial.

(b) Industrial.

(c) Mixed use.

(d) Multifamily residential (non-single-family residential).

(e) Public, civic, and institutional.

(f) Utilities.

(g) Agricultural tourism.

D. Liberal construction. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. The provisions of this chapter shall be liberally and broadly construed in favor of the Town of St. Joseph to promote the purposes for which they are adopted and shall not be construed to be a limitation or repeal of any other power now possessed or granted to the Town of St. Joseph.

§ 81-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING

Includes but is not limited to a structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, materials, goods, supplies, or any type of vehicles or semi-tractor-trailers.

HUMAN SCALE

Development of a size, shape, and layout that is appropriate and reasonable for all people. This relates to design, architecture, and development layout. Human scale development allows people to feel comfortable, safe, and enjoy their surroundings.

INTENSIVE DEVELOPMENT

Intensive development shall include, but not be limited to, commercial, industrial, mixed-use, multifamily residential, group living, utilities, agricultural tourism, public, civic, and institutional development. This includes the entire site, including all buildings, accessory buildings, internal streets, landscaping, utilities, stormwater management systems, parking, etc.

LARGE DEVELOPMENT

Development larger than five acres in area.

STRUCTURE

Includes but is not limited to erection or construction such as a building, tower, masts, pole, boom, sign, permanent decoration, carport, stationary machinery, and equipment and sight barrier.

§ 81-3 Architectural standards.

Purpose. There is strong sentiment shared by the citizens of the Town of St. Joseph to preserve the rural character of the townscape, have development that is economically sustainable for the Town, and meet the purpose of this chapter, while being sensitive to the diversity of land uses envisioned in the Town of St. Joseph Comprehensive Plan. These architectural standards and guidelines have been formulated to assist in reducing the potential for adverse impacts that shall arise from the uncoordinated construction of development in the Town. Each requirement strives to better integrate both new construction and expansions within the existing landscape and neighborhood context.

A. General standards (including outbuildings).

(1) Prominent entrance.

(a) Intent: to ensure that building entrances are welcoming and easily identifiable from streets and sidewalks.

(b) Requirements:

[1] The principal entry for persons to the building shall be marked by at least one element from each of the following groups:

[a] Group A.

[i] Recess.

[ii] Overhang.

[iii] Canopy.

[iv] Portico.

[v] Porch.

[b] Group B.

[i] Clerestory.

[ii] Glass window(s) flanking door.

[iii] Ornamental lighting fixtures.

[iv] Large entry door(s).

[c] Group C.

[i] Stone, masonry, or tile paving in entry.

[ii] Ornamental building name or address.

[iii] Pots or planters with flowers.

[iv] Seating.

[2] Some form of weather protection shall be provided. This can be combined with the methods used to achieve visual prominence.

(2) Massing.

(a) Intent: To reduce the visual bulk of multistory buildings and single-story buildings 15 feet or more in height, and maintain scale by providing a sense of base, middle, and top.

(b) Requirements:

[1] Buildings shall have a distinct base at the ground level, using articulation and materials such as stone, masonry, or decorative concrete. Distinction shall also occur through the following:

[a] Windows.

[b] Architectural details.

[c] Canopies.

[d] Bays.

[e] Overhangs.

[f] Masonry strips and cornice lines.

[2] The top of the building shall emphasize a distinct profile or outline with elements such as a projecting parapet, cornice, upper level step back, or pitched roofline.

[3] The middle of the building shall be made distinct in contrast to the base and top by change in material or color, windows, balconies, step backs, and signage.

(3) Ground level details.

(a) Intent: To enhance the character of the streetscape by requiring the greatest amount of visual interest along the ground level of buildings facing streets.

(b) Requirements. Ground-floor, pedestrian street-facing facades shall incorporate at least five of the following elements:

[1] Lighting or hanging baskets supported by ornamental brackets.

[2] Medallions.

[3] Belt courses.

[4] Plinths for columns.

[5] Kick plate for storefront window.

[6] Projecting sills.

[7] Tilework.

[8] Pedestrian-scale sign(s) or sign(s) painted on windows.

[9] Planter box.

[10] An element not listed here that meets the intent.

(4) Screening blank walls.

(a) Intent: To ensure that buildings do not display blank, unattractive walls to the abutting street, public areas, and residential areas.

(b) Requirements:

[1] Walls facing streets visible from public roadways and public areas, or visible from residential areas where windows are not provided, shall have at least four of the following architectural elements incorporated into any such ground-floor, street-facing facade:

[a] Masonry (but not flat concrete block).

[b] Concrete or masonry plinth at the base of the wall.

[c] Belt courses of a different texture and color.

[d] Projecting cornice.

[e] Projecting metal canopy.

[f] Decorative tilework.

[g] Trellis containing planting.

[h] Medallions.

[i] Change of paint color.

[j] Opaque or translucent glass.

[k] Artwork.

[l] Vertical articulation.

[m] Lighting fixtures.

[n] Recesses.

[o] An architectural element not listed above, as approved, that meets the intent.

[2] Building facades not facing a street, but facing a public area or residential area shall incorporate at least three of the above-mentioned items.

(5) Service and utility areas.

(a) Intent: To ensure that accessory buildings, auxiliary structures, mechanical equipment, trash areas, and service areas are designed to follow the theme of the principal structure and are not unsightly.

(b) Requirements:

[1] Service and utility area buildings that require large, bulky components such as warehouses or multibay garages shall place these structures as a separate mass in the back behind the main "front-office" building. The main building, even if it is smaller, will help to shield it from view.

[2] Parking lots, garage doors, and drive-through facilities shall be screened, making them out of sight from the street.

[3] Service and utility areas shall be located away from the street and concealed from building entrances, pedestrian areas, and adjacent residential buildings.

[4] Service areas and related mechanical equipment shall be screened 100% with materials to match the primary exterior materials, or fenced and landscaped with a dense evergreen planting. Such screening of service areas and accessory buildings shall be maintained in perpetuity.

[5] Trash compactors and dumpsters shall be located adjacent to truck loading areas and screened 100% with the primary exterior materials, or fenced and landscaped with a dense evergreen planting. Other solid waste or materials stored for recycling, such as shipping pallets or bundled cardboard, shall also be enclosed and screened.

[6] All above-grade utility connections, vents, and other projections shall be located along exterior walls away from high visibility areas to the extent possible unless required for health or safety reasons, such as front facades or pedestrian areas. This includes, but is not limited to, air-conditioning units, air exchangers and underground utility vaults.

[7] The screening shall be of a permanent, durable, building material which provides visual masking of the equipment and resembles the construction of the primary building.

[8] Where dumpsters are not fully screened by the overall building envelope, the following standards shall be applied:

[a] To the extent possible, dumpsters shall be screened on all sides, with the operable side facing away from street view or adjacent residential areas. The screening of dumpster enclosures not located next to buildings shall be enhanced with year-round landscaping on three sides.

[b] Dumpster enclosures shall be compatible in design with the architectural style of the primary building in terms of its scale, exterior materials used and color.

[c] Dumpster enclosures shall not violate the building setback and parking requirements of the zoning district in which the enclosure is located.

(6) Recognizing historical context.

(a) Intent: To promote building design that is sensitive to the overall character of the Town of St. Joseph. This includes requiring building design that is similar to the historical building design located in the Town.

(b) Requirements:

[1] New intensive development shall incorporate architectural elements that reinforce the established character of the Town of St. Joseph. The following elements constitute potential existing features that could be reflected in new buildings:

[a] Materials to the extent of state law.

[b] Window proportions.

[c] Roof treatment.

[d] Colors.

[2] When rehabilitating existing, historic buildings (Wisconsin Architecture and History Inventory or National Register of Historic Places), property owners shall follow the Secretary of the Interior's Standards for Rehabilitation and applicable state laws.

[a] If original details and ornamentation are intact, they shall be retained and preserved.

[b] If original details are presently covered, they shall be exposed and/or repaired.

[c] If original details are missing, missing parts shall be replaced to match the original in appearance.

[d] Remaining pieces or old photos shall be used as a guide.

B. Additional standards for large and mixed-use development.

(1) Connections to adjacent development.

(a) Intent: To create a network of safe, convenient, and attractive internal linkages for pedestrians and bicyclists between on-site retail and mixed-use development and also between other development and residential areas. Large development consists of development larger than five acres in area.

(b) Requirements:

[1] Pedestrian connections shall be clearly defined in a combination of at least two of the following ways:

[a] A six-inch vertical curb in combination with a raised sidewalk.

[b] A trellis, special railing, bollards, and/or other architectural features to visually accent the sidewalk at key points.

[c] A continuous landscaped area that is a minimum three feet wide on at least one side of the sidewalk, except where sidewalks cross vehicular travel lanes. Where sidewalks abut a public right-of-way and/or driving aisles, the landscaped area shall be provided between the sidewalk and the public right-of-way or driving aisle.

[d] Where landscaped areas are provided, plant material shall include of a mixture of evergreen and deciduous trees and shrubs. No plant material shall be over 20% of all plant material to provide year-round color, texture, and/or other special interest. Use of native vegetation such as prairie plants is encouraged. Shrubs shall be maintained at a maximum three feet height allowing for good visibility. Ground covers shall be evergreen varieties.

[e] Pedestrian connections shall be reinforced with pedestrian-scale lighting, bollard lighting, accent lighting, or a combination thereof to aid in pedestrians' wayfinding.

[2] Pedestrian sidewalks shall include clear sight lines to building entrances and shall not be less than four feet wide.

[3] Landscaping shall be carefully planned and selected as to not obstruct the vision of vehicles, bikes, and pedestrians for safety and vision triangles.

[4] Not allowed:

[a] Chain link fence of any type or coating shall not be used to separate pedestrians from vehicular traffic or to define pedestrian sidewalks.

(2) Orientation to street.

(a) Intent: to ensure that buildings and access to buildings add to the liveliness of streets and the overall community character.

(b) Requirements:

[1] Buildings, along with trees and landscaping, shall be predominant. Parking lots and freestanding signs shall be secondary features.

[2] Pedestrian access to the building shall be visually and functionally clear and shall offer a convenient alternative to walking through driveway entrances and exits.

[3] People traveling along arterial streets shall be able to see storefronts, windows, merchandise, and other aspects of business activity.

(3) Setbacks.

(a) Intent: To ensure the visibility of businesses and establish active, lively uses should be within close proximity to the sidewalk. This includes limiting large parking lots located between buildings and the street.

(b) Requirements:

[1] Commercial buildings shall be set as close as possible to the sidewalk.

[2] Portions of buildings shall be set as close as possible to the sidewalk or front-yard property line, which can be accomplished in various ways. For instance, major portions of single buildings shall abut the sidewalk. In multibuilding developments, one or more buildings shall be set to the sidewalk.

(4) Expression at entrances to large developments.

(a) Intent: To provide a reference point at the end of a block of facades, and to mark intersections and entrances to developments larger than five acres by providing visual interest at their principal entrances to public streets.

(b) Requirements:

[1] Developments that are larger than five acres and are at street intersections shall emphasize this unique aspect with at least two of the following methods:

[a] Placement of the primary entry.

[b] Articulation.

[c] Towers.

[d] Plazas.

[e] Distinctive roof forms.

[f] Other architectural features.

[g] Landscaping.

(5) Weather protection.

(a) Intent: To provide weather protection for pedestrians. This allows people to continue to comfortably shop, recreate, and take part in their daily lives during inclement weather.

(b) Requirements:

[1] Where buildings are immediately abutting a public sidewalk, canopies or awnings shall be provided. The minimum depth of any canopy or awning shall be five feet unless limited by the Building Code. The vertical dimension between the underside of a canopy or awning and the sidewalk shall be at least eight feet and no more than 12 feet.

[2] Weather protection for pedestrians can be combined with the method used to achieve visual prominence at entrances.

(c) Not allowed:

[1] Internal illumination of awnings shall not be allowed unless the awning material is opaque. However, pedestrian-scale lighting and other down-lighting is allowed beneath awnings.

(6) Roofline expression and concealing rooftop equipment.

(a) Intent: To ensure that rooflines present a distinct profile and good appearance for the building and express the neighborhood character. To screen views of rooftop mechanical and communications equipment from the street level.

(b) Requirements:

[1] Buildings shall include extended parapets and projecting cornices to create a prominent edge when viewed against the sky. Sloping roof elements are allowed but not required, as long as the massing general design standards are met.

[2] Mechanical equipment shall be screened by extended parapet walls or other roof forms that are integrated with the architecture of the building.

[3] Communication equipment shall be blended in with the design of the roofs, rather than being merely attached to the roof deck.

[4] Rooftop mechanical equipment on buildings shall be screened 100% from public view, as measured from grade elevation and from a minimum distance of 500 feet from the building, regardless of grade. Each plan (including remodeling existing buildings) will be reviewed individually based on location, finished grade elevation and the surrounding terrain to determine the view of rooftop mechanical equipment.

[5] Roof-mounted solar panels are allowed and do not need to conform to the requirements.

(c) Not allowed:

[1] Painting equipment, erecting fences, and using mansard-type roofs are not acceptable methods of screening.

(7) Roof pitch (minimum/maximum).

(a) Intent: To maintain the scale and character, and to reduce visual bulk.

(b) Requirements:

[1] Pitched roof forms shall have slopes between 4:12 and 12:12.

[2] Roof-mounted mechanical equipment located on the exterior of the roof shall be located within wells or pockets to preserve the visible rooflines. The mechanical well floor would not be subject to the slope requirement. However, in no event shall such roof-mounted equipment project above the building's roof line.

[3] If applicable, gables facing the street are required.

[4] Dormers shall be used to break up long lengths of roof.

(8) Drive-through businesses.

(a) Intent: To reduce the impact of car-oriented drive-through businesses on pedestrian and bicycle activity and to reduce the visual impact of such businesses on adjacent properties and the street.

(b) Requirements:

[1] When the drive-through window or stacking space/lane is located on the street side of a building, screening shall be required between the driving lane/drive-through window and the street.

[2] If possible, areas adjacent to drive-through stacking spaces and lanes shall be landscaped with vegetation.

(9) Articulation of walls and windows.

(a) Intent: To provide visual variety along the street facade and have human-scale design. Design shall help create a lively and active street face.

(b) Requirements:

[1] Buildings shall include articulation along the facades facing and visible from public rights-of-way. Flat blank walls are not allowed.

[2] All horizontal facades longer than 30 feet shall be articulated into smaller units, reminiscent of the residential scale. At least two of the following methods shall be included:

[a] Distinctive roof forms.

[b] Changes in materials.

[c] Window patterns.

[d] Color differentiation.

[e] Recesses/offsets.

[3] With buildings that require or normally have windows, windows shall be provided in facades facing streets, comprising at least 20% of the facade area. Sliding glass doors can be used to help meet this requirement where appropriate.

[4] Windows shall have visually prominent trim, at least three inches in width.

[5] A variety of window sizes and shapes that contribute to overall composition are required.

[6] At least one of the following decorative window features are required:

[a] Arched window.

[b] Mullions.

[c] Awnings.

[d] Flower box.

(10) Backsides of buildings.

(a) Intent: to ensure that all sides of a building have visual interest.

(b) Requirements:

[1] Any side of the building not visible from a street, public open space, or alley shall be given architectural treatment using at least two of the following:

[a] Visible rooflines.

[b] Windows.

[c] Secondary entrances.

[d] Balconies.

[e] Architectural details mentioned under "Ground level details."[1]

[1] Editor's Note: See § 81-3A(3).

[f] Awnings.

§ 81-4 Site organization and layout standards.

Purpose. The purpose of this section is to give developers, property owners, and other applicants requirements of what is an acceptable layout for intensive development in the Town of St. Joseph. These site organization and layout standards have been formulated to assist in reducing the potential for adverse impacts that could arise from the uncoordinated construction of development. Each requirement strives to better integrate both new construction and building alterations into the context of the existing landscape and neighborhood. In addition, the purpose of these standards is to avoid the linear appearance portrayed by some strip malls. The Town's desired type of street system moves traffic relatively equitably among all the streets, gives drivers alternative routes to reach their destinations, and establishes a sense of community by connecting community focal points. These site organization and layout standards are in addition to applicable Town subdivision and zoning standards.

A. General standards.

(1) Style.

(a) Intent: To ensure that development in the Town is created at human-scale and is safe and accessible for pedestrians, bicyclists, and motorists. Intensive development in the Town shall be designed to create a sense of place, enhance community and social interaction, and complement adjacent properties, no matter the adjacent use.

(b) Requirements:

[1] Intensive development shall be laid out to encourage walking, biking, and use of public transportation, in addition to the use of the car.

[2] Intensive development shall be located in the appropriate districts as established in the Town's Zoning Ordinance, Chapter 170.

[3] Commercial buildings shall be located close to the street, grouped together, and have pedestrian, bicycle, and vehicular connectivity to residential areas where applicable.

[4] Multiple structures on the same site shall be clustered to form an enclosure of outdoor space, thereby creating a greater "sense of place" within the development. Common sitting areas and sidewalks are required inside the established space.

[5] Interconnected streets shall be laid out as a grid or modified grid.

(2) Lots and setbacks.

(a) Intent: to ensure that all development in the Town is built to a human scale and is sensitive to and promotes pedestrians and bicyclists.

(b) Requirements: There are no required minimum building setbacks from the right-of-way for intensive development under this chapter. Intensive development shall not be set back from the right-of-way in a manner that reduces safe and accessible connectivity for pedestrians and bicyclists. Topography, lot configuration, and other factors shall cause the Plan Commission to exercise some discretion with this standard.

B. Transportation, bicycle, and pedestrian standards. General requirements:

(1) Intent: This section is intended to give applicants a sense of what they need to consider within their proposals related to roadways, sidewalks, alleys, and other common landscaped areas. Where applicable, all new developments shall provide bicycle and pedestrian trails and paths that connect to the existing loop trail identified in the Town's Comprehensive Plan.

(2) New developments will work with Town of St. Joseph Plan Commission to comply with the Town Parks, Trails and Recreation Plan to ensure the development of interconnected trails and paths that allow Town residents to easily walk and bicycle safely and connect to as many points as possible in the community.

(3) Requirements:

(a) Use setbacks, curb cuts, landscaping, and signage controls to raise the visual quality of the Town and provide safe and efficient traffic movement.

(b) Provide cross-access between properties and joint access to roads to minimize disruption of highway traffic, especially where land uses are similar or compatible.

(c) Use roadways, sidewalks, and landscaping to control and separate vehicle and pedestrian movements.

(d) Use existing roads and lanes where feasible.

(e) Development shall create a sense of community by providing pedestrian, bicycle, and vehicular links to nearby neighborhoods, parks, schools, and other public destinations.

(f) Paths that provide dual usage for bikes and pedestrians are required where allowable.

(g) Interconnecting roads and walkable blocks are required. The use of cul-de-sacs and dead-end roads are not allowed. Provide proper roads/easements between adjacent lots whenever feasible.

(h) Development shall have a limited number of driveway access points, a safe vehicular and pedestrian circulation system, and provide clearly defined points of entry and exit into a site.

(i) Parking lots and driveways for adjacent parcels/developments shall be shared whenever possible. Heavy duty, reinforced concrete sidewalks shall continue through driveways uninterrupted.

(j) The number of access drives per parcel shall preferably be limited to one and is subject to review by the Plan Commission through site plan review. The exception to this shall occur for gas stations or if a parcel has physical limitations requiring two points of access/egress, or to separate types of traffic for safety reasons.

(k) Large undistinguished curb cuts are not allowed. Ingress/egress driveways shall be located to maximize the distance to the nearest street intersection.

(l) Developers shall include a comprehensive pedestrian pathway system within a site and between adjacent sites, linking all buildings, parking areas, and green spaces. This network shall also connect to any nearby pedestrian pathways when applicable.

(m) Sidewalks shall be constructed of concrete or other durable surface materials such as pavers, bricks, etc., acceptable to the Plan Commission.

(n) Sidewalk material shall be consistent throughout the development.

(o) Sidewalks shall also feature adjoining landscaped areas no less than three feet in width that include trees, grass, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of their length.

(p) Sidewalks no less than eight feet in width shall be provided along any facade featuring a customer entrance and any facade abutting public parking areas.

(q) New sidewalks shall link into existing sidewalks when possible.

(r) Bike paths and pedestrian sidewalks shall connect buildings, parking lots, entrances/exits to adjacent developments and existing/future bikeways, paths and trails where possible.

C. Parking and parking lots.

(1) General requirements.

(a) Intent. The primary purpose of off-street parking and loading requirements is to reduce traffic and congestion and to minimize hazards by providing for adequate and sufficient parking, loading, and unloading of motor vehicles outside public rights-of-way. The secondary purpose is to minimize potential land-use conflicts with neighboring uses.

(b) Requirements:

[1] Large expanses of paved parking shall not be permitted. Applicants shall break up larger parking areas into smaller blocks defined by landscape islands and, where feasible, place parking behind the building. A minimum of 20% of the parking areas shall be landscaped, and include one shade tree per 30 feet of road frontage. Such newly planted trees shall be 2 1/2 inches caliper at breast height. Parking areas shall be landscaped around the periphery of the lot to buffer the visual impact of the parking lot from the roadway and adjacent properties. Landscaping areas in parking lots must consider stormwater management techniques (use of curbs, drainage areas to collect water above ground). Drainage areas shall be located behind or to the side of structures whenever possible. For some parking lots, landscaped islands are appropriate.

[2] Parking lot landscaping features shall be included in all site designs. A landscaping plan with a planting schedule will be a requirement for any site plan.

[3] Any landscaping or fencing presented to the Plan Commission as part of the landscaping plan shall be maintained in good order to achieve the objectives of this section.

[4] Parking areas shall provide safe, convenient, and efficient access. Parking areas shall be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. New development and redevelopments shall strive to minimize total paved surface. Surfaces shall be dust-free. Proper drainage shall be provided. When possible, paved surface areas shall be constructed in phases to meet existing and future expansion requirements.

[5] New development and redevelopments shall provide adequate parking that conforms to the Town's Zoning Ordinance standards, Chapter 170.

[6] Parking lots shall be behind, below, or between structures and away from highways. Shared and interconnected parking lots are encouraged.

[7] Communal access roads and parking lot entrances shall be used where possible.

[8] Pedestrian paths and sidewalks shall be required to separate vehicle and pedestrian movement.

[9] No parking shall be allowed on access roads. Drive-through businesses such as banks or restaurants shall have car stacking areas limited to the rear and sides of the building, and avoid layouts that cause the crossing of traffic patterns between car stacking and parking areas and driveway entrances. Clear signage and striping shall be provided for safe and efficient traffic movement.

[10] Where parking is visible from streets and abutting properties, a landscape buffer of trees, hedges, walls and/or berms shall be provided in accordance with § 81-5D.

[11] Parking lots shall be uniformly lighted in accordance with § 81-5E.

[12] Parking lots and access roads shall be properly maintained and repaired on an as-needed basis. Surfaces shall be kept free of snow, ice, dust, debris, and potholes.

[13] Loading requirements vary with the specific uses proposed. Loading requirements shall ensure, to the extent feasible, that a vehicle can unload cargo in a manner that does not interfere with pedestrian and automobile traffic. Requirements for the number and location of loading facilities shall be established during site plan review based upon:

[a] The expected maximum number of vehicles using the loading facilities at times of peak usage.

[b] The type of business, size of the structure, and size of vehicles to be servicing the structure.

[c] The need to ensure pedestrian and automobile safety by separating loading operations from pedestrian and automobile circulation.

[d] The need to screen vehicles and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers, and/or fencing.

[e] The desirability of requiring service roads or alleys to achieve the purposes of this section.

[f] Applicable planning and engineering standards, adapted to meet the needs of the particular business use proposed.

[g] Other relevant operational characteristics of the business or physical characteristics of the site.

[14] On-street parking along the front property line of a lot shall be used to meet the minimum parking requirement for nonresidential or multifamily uses on that lot.

[15] Required parking for a nonresidential use can be located in a common parking facility or on an abutting lot, provided such spaces are located within 200 feet of the nonresidential use.

(2) Mixed-use requirements.

(a) Intent: in mixed-use development, controlling the location, orientation, and appearance of garages, parking lots, and off-street parking spaces is critical for creating a sense of community and a walkable neighborhood. Mixed-use development areas require specific garage, parking lot, and off-street parking requirements based on different land uses.

(b) Requirements:

[1] Off-street parking areas shall be located to the side and/or rear of nonresidential buildings, unless there is an additional and larger building on the lot between the proposed parking/building and the primary, public street.

[2] Off-street parking areas shall not be located between buildings and streets, unless there is an additional and larger building on the lot between the proposed parking/building and the street.

[3] Off-street parking shall be visually screened from existing and proposed streets by hedges, walls, buffer plantings, or similar site elements. The visual screening should be between two feet and four feet high unless safety reasons prevent it from being within this range.

[4] Parking areas on abutting nonresidential lots shall be interconnected by access driveways, thereby allowing traffic to move from one parking lot to the next instead of traveling back onto the street.

[5] Each nonresidential lot shall provide easements for its parking areas and access driveways guaranteeing access and use to all other nonresidential lots within the tract.

[6] Garage doors in nonresidential buildings shall not face any existing or proposed street.

[7] Nonresidential parking lots shall be set back at least 10 feet from residential lots within the mixed-use development and at least 10 feet from street rights-of-way.

(3) Multifamily residential.

(a) Intent: to retain an historic village character. Garages shall not be dominant features from the street.

(b) Requirements:

[1] Multifamily housing is only allowed to have side-loaded garages, front-loaded garages set back at least 10 feet from the front facade, garages in the rear of homes, or garages that are accessed from alleys.

[2] Parking for townhouses can be arranged a variety of ways, depending on whether a townhouse is an interior unit or an end unit. On end units, the parking shall be to the side or rear. Side-loaded garages are permitted. For interior units, parking garages may face the street but shall comprise no more than 30% of the total area of the front facade elevation.

[3] For apartment buildings, off-street parking shall be located to the side or rear of the building. If located to the side as surface parking, the parking area shall be screened with a wall and landscaping.

(4) Bicycle parking.

(a) Intent. Provide accessible and high-quality bicycle parking.

(b) Requirements:

[1] All parking lots containing fewer than 20 parking spaces shall provide adequate bike parking for at least four bicycles.

[2] Parking lots containing more than 20 parking spaces shall provide adequate bike parking for at least four bicycles, plus room to accommodate two additional bicycles for each additional 10 spaces in the lot. No more than 50 bicycle parking spaces shall be required.

[3] Bicycle racks shall be placed within 50 feet of the primary entrance of the building they are intended to serve.

D. Landscaping: General requirements.

(1) Intent: To develop a landscaping plan that enhances the overall aesthetics of the project, retain as much natural landscaping as possible, preserve the rural characteristics of the Town, and when developing and creating new landscaped areas, reduce the impact on adjacent neighbors and the view from the roadway. Special emphasis shall be placed on landscaping that reinforces views along the highway and brings about consistency along the roadways in the Town's intensive development areas. It is the intent of the Town to preserve environmentally sensitive or significant natural areas, including woodlands and wetlands, with respect to specific site development to retain and incorporate, as far as practical, substantial stands of healthy, disease-free vegetation into the landscape development.

(2) Requirements:

(a) All intensive development is required to have a landscape plan. All site design plans shall attempt to preserve and retain the natural landscape (topography, soil, trees, and plant life) on the site. Site designs shall minimize the indiscriminate clearing of healthy, quality vegetation at the edges of the roadway and include adequate tree installation to improve visual aesthetics of the corridor as well as the generation of shade. Remnant patches of existing landscape areas shall not be indiscriminately paved to avoid maintenance; rather those areas shall utilize the spreading of low maintenance landscaping materials such as mulch. The development of former farm fields, devoid of trees and shrubs, shall include trees and large shrubs in its landscape plan as part of the approval process.

(b) Trees or hedges between the road and the development or sidewalk shall provide natural screening of intensive development. For retail establishments, a roadway view of the business is encouraged.

(c) Invasive species are not allowed. At least 50% of the proposed landscape vegetation shall be native vegetation. Salt-resistant plants are required near roadways or parking areas.

(d) Landscaped buffer zones shall be maintained or created to separate intensive development from residential areas or to create a pleasant transition between site elements. This can include an arrangement of trees, shrubs, and other landscaping that shall constitute a visual softening between intensive development and non-intensive development.

(e) Nonretail businesses, such as wholesale or distribution centers, not dependent on public view of the facility, shall utilize berms and natural or landscaped screening. Developers must be cognizant of all state regulations related to stormwater issues and concerns when creating berms.

(f) Tree lawns are strips of land between the road and the sidewalks inside a development. Tree lawns shall be included on all new developments and be a minimum of 10 feet in width. Grass shall be established continuously for the full length of a tree lawn with mulch rings or planting beds around new and existing plants or trees. Tree-lined roads provide an attractive neighborhood setting.

(g) Service delivery areas, loading docks, and HVAC equipment shall be reasonably fenced, landscaped, and screened from adjoining property owners to sufficiently obscure objectionable aspects from their view. Screening shall include solid fencing or an evergreen planting of more than a single row of plants with spacing that adequately blocks the view. If visible from adjacent property, screening structures shall be made of similar materials as the principal structure.

(h) Stormwater retention ponds shall be treated as an amenity with landscaping enhancements such as rocks, plantings, and fountains when applicable. The use of vegetated stormwater management measures, such as rain gardens, integrated with a site's landscaping also helps to protect surface waters by managing stormwater runoff on site.

E. Lighting: General requirements.

(1) Intent: Ensure the use of high-quality, energy-efficient, and appropriate outdoor lighting while avoiding undesirable side effects including glare, sky glow, and light trespass onto adjacent properties. Lighting fixtures shall add to the character of the building, improve the business image, provide safety and security, and enliven the street. Fixtures and their illumination qualities shall complement and enhance the architectural character of buildings and surrounding area. Lighting provides adequate light for the intended task but never over-illuminates.

(2) Requirements:

(a) A lighting plan is required when outdoor lighting is part of the development proposal.

(b) Full downward cutoff luminaries or recessed lighting fixtures shall be used and the source of illumination shall not be visible.

(c) Luminaries shall be aimed away from and include shields that prevent the light source from being visible from adjacent properties or roadways.

(d) The illuminance on any surface shall meet Illuminating Engineering Society (IES) standards.

(e) All wiring for new site lighting shall be underground.

(f) Each outside lighting installation and each illuminated sign shall be controlled by a twenty-four-hour timer that decreases the amount of illumination to the minimum amount required for safety, security, advertising, and wayfinding during hours when not in operation.

(g) The poles and mounting heights for luminaries installed on poles and buildings shall be at human scale and not be any higher than any minimum requirements for safety and security.

(h) Luminaries are not permitted in buffer areas between adjacent properties and in buffer areas adjacent to roads.

(i) Floodlights and spotlights are not permitted for general lighting purposes.

(j) Areas around gas station pump islands and under gas station canopies shall be uniformly illuminated.

(k) Exterior gas station canopy lights shall be recessed within their housing so as to aim their illumination 100% directly downward.

(l) Lamp styles which allow gas station canopy lights to illuminate the surroundings beyond the pumping area are not allowed.

(m) Light sources or luminaries shall not be mounted on the top or sides (fascias) of gas station canopies, and the sides (fascias) of the canopy shall not be illuminated.

(n) Security lights intended to illuminate a perimeter such as a fence line shall include a motion sensor designed with lights to be off unless triggered by an intruder located within five feet of the perimeter.

(o) All perimeter security lighting shall be shielded and aimed so that illumination is directed only to the intended area and not cast on other areas or adjacent properties or roads.

(p) For illuminating building facades, full cutoff luminaries attached to the building or recessed lighting in roof overhangs are required.

(q) Illuminated signs also need to meet the Town's Sign Ordinance.[1]

[1] Editor's Note: See Ch. 156, Signs.

(r) Parking lots shall be uniformly lighted and not shed light on adjacent properties.

(s) Landscape lighting shall use minimum power lamps to achieve architectural objectives, and shall neither cause glare or light trespass, nor create excessive sky glow.

§ 81-5 Applicability to existing development.

Purpose. The purpose of this section is to give developers, property owners, and other applicants requirements of what is an acceptable layout for the expansion of intensive development in the Town of St. Joseph. These standards have been formulated to assist in making sure that expansion of existing development is done in a way that follows the design requirements of the Town and meets the purpose of this chapter.

A. General standards: general requirements.

(1) Intent: To ensure that when existing buildings and their accessory uses are expanded that the new development meets the purposes of previous sections.

(2) Requirements:

(a) If a new building is constructed on a parcel to expand the business's capacity, the building shall conform to these architectural standards. If an existing building is increased in size by more than 40% of the existing building's square footage, the building shall conform to the appropriate standards.

(b) If normal repairs are being made to existing lighting fixtures, modifications to conform to this standard are not required. If an additional section of parking for more than 10 cars is created, new lighting that is added shall conform to the lighting standards. In any case, where new fixtures are added, the lighting standards shall apply.

(c) If additional adjoining property is added to a business parcel, any additional parking lots, buildings, screening, landscaping, etc. shall be subject to these standards.

B. Existing structures. General requirements:

(1) Intent. To ensure additions and renovations of existing buildings are consistent with original architectural style where desired. Updating, renovation, and expansion of existing buildings shall be done in a manner compatible with the subject building's architectural style. Alterations to an existing structure which are inappropriate to the age and style of the building, or incompatible with the designs of surrounding buildings, are not allowed.

(2) Requirements:

(a) When rehabilitating existing, historic buildings (Wisconsin Architecture and History Inventory or National Register of Historic Places), property owners shall follow the Secretary of the Interior's Standards for Rehabilitation and applicable state laws.

[1] If original details and ornamentation are intact, they shall be retained and preserved.

[2] If original details are presently covered, they shall be exposed and/or repaired.

[3] If original details are missing, missing parts shall be replaced to match the original in appearance.

[4] Remaining pieces or old photos should be used as a guide.

(b) Designs shall include architectural detailing that complements the significant surrounding buildings and neighborhoods through quality materials, building details, and craftsmanship.

(c) Additions to existing structures shall consider the entire building to create a cohesive building design that enhances the most significant architectural features of the building.

(d) When altering an existing building, replacements (windows, doors, cladding, etc.) shall match, to the greatest extent practical, original details with respect to size, style, and configuration.

§ 81-6 Design and site plan review process.

A. Purpose. The purpose of this section is to provide a design and site plan review process that is valuable and beneficial for developers, property owners, and other applicants. This process has been created to reduce confusion for the public and provide a tool to allow the Town to inform applicants of the requirements prior to any initial work on projects.

B. Initial concept plan consultation. All potential applicants shall meet with the Town Plan Commission to review the applicant's concept plan for the proposed project along with this chapter, checklist, and application. An initial concept plan consultation will be helpful before the design is fully developed. This will help the review process go smoothly and in a timely manner. There is no fee for the initial consultation.

C. Application submittal. The applicant shall submit a completed design and site plan review application, checklist, development design, and appropriate fee to the Town Clerk/Treasurer. The fee shall be established by the Town Board. A waiver application may also be submitted at this time, if necessary.

D. Preliminary review. The applicant shall have a meeting with the Town Plan Commission for a preliminary review of the proposed development. The Town Plan Commission will recommend to the applicant if any additional information is needed for the application to proceed. Once such information is provided, the application will be placed on the Town Plan Commission agenda for a decision on the Plan Commission's recommendation regarding the application to the Town Board.

E. Town Plan Commission review and decision. The applicant shall attend the Town Plan Commission meeting and present their application to the Town Plan Commission. The Town Plan Commission will review and will recommend the application to the Town Board for final approval, approval with conditions, or denial.

F. Town Board review.

(1) Once approved by the Town Plan Commission, the application shall proceed to the next possible Town Board meeting. Any changes that were made by the Town Plan Commission as a requirement for approval shall be included in the application to the Town Board. Attached comments will not satisfy this requirement. The changes shall be incorporated into the application document(s), which will be presented at the Town Board meeting. The Town Board may establish other requirement or conditions for approval, or may deny approval, if the Board determines that the application does not meet the requirements of this chapter or other applicable Town ordinances. Under no circumstances shall a building permit be applied for until the Town Board meeting has been held, the design has been approved, and a developer's agreement has been created and approved by the Town Board and the applicant. The Town will require letters of credit to ensure performance of all obligations and requirements of the approved design and site plan, including, but not limited to that landscape plantings survive for a full planting season.

(2) The initial Town Board meeting shall only be for design purposes. The next step in the process is the developer's agreement. Details worked out at the initial Town Board meeting shall not be treated as a developer's agreement. However, the developer's agreement shall include the design agreed to by the Town Board at the initial Town Board meeting.

G. Appeals. Any appeals of the decision of the Town Plan Commission shall be heard by the Town Board.

§ 81-7 Waiver of design standards.

A. General standards. The Town Board shall hear requests for waivers from the literal provisions of this chapter in instances where strict enforcement would be impractical or unduly burdensome because of circumstances unique to the individual property under consideration and only when it is demonstrated by the developer/owner that the waiver would be in keeping with the spirit and intent of this chapter.

B. Required findings. For a waiver of design standards to be granted, the following required findings shall be met:

(1) That, because of the particular physical surrounding, shape or topographical conditions of the land or because there are exceptional or extraordinary circumstances or conditions applying to the land or building that do not apply generally to land or buildings nearby or in similar zoning classifications within the Town, the specified parcel of land or building is unique.

(2) The purpose of the waiver is not based exclusively upon a desire to increase the value of the income potential of the parcel of land.

(3) Granting of the waiver is necessary for the preservation and enjoyment of substantial property rights possessed by other similar properties in the vicinity and the alleged uniqueness or special circumstances have not been created by any person having an interest in the parcel of land.

(4) Granting of such waiver will not, under the circumstances of this particular case, materially adversely affect the health, safety or general welfare of persons residing or working in the neighborhood of the property and will not, under the circumstances of this particular case, be materially detrimental to neighborhood aesthetics or injurious to the property or improvements of the neighborhood.

(5) A waiver cannot be based on a mere inconvenience, a financial hardship or a self-created hardship for the developer/owner if the strict letter of the regulation were carried out.

(6) A waiver shall provide only the minimum relief necessary to alleviate the hardship.

(7) The waiver request will be consistent with the vision, goals, and objectives of the Town of St. Joseph's comprehensive plan and not violate the purpose and intent of this chapter.

(8) The Town may also waive, exempt, or request a change in design in order to protect public health and safety or ensure that a proposed development or expansion meets Town, county, or state applicable health, safety, and emergency preparedness codes or standards.

C. Procedure.

(1) At least 20 days before the Plan Commission meeting where the waiver application will be considered, the Town Plan Commission and the Town Board shall receive the completed waiver application from the developer/owner. The application shall be on a form available in the office of the Town Clerk/Treasurer and the submittals shall include all the appropriate documents and fees. As an alternative, a waiver form may be submitted to the Plan Commission as part of the design review process and will follow the process and timeline in § 81-6.

(2) Application materials shall be complete in order to allow the Town Clerk/Treasurer to publish the waiver proposal and to notify all adjoining landowners of the nature of the waiver being considered at least 10 days before the Town Plan Commission meeting at which the waiver proposal will be reviewed.

(3) The application shall fully state all facts relied upon to support the waiver and shall include drawings, studies, plans or other information that will aid the Plan Commission and Town Board in reviewing the decision.

(4) The Town Board shall review and approve or disapprove the application within 60 days of receipt based on compliance with this chapter and any other relevant Town of St. Joseph Codes.

D. Town Board decision.

(1) The decision shall be in writing and explain the reasons for the decision.

(2) The decision shall receive the appropriate signatures and attachments from the Town Clerk/Treasurer and be filed with the County Zoning Administrator.

(3) A copy of the decision shall be provided to the developer/owner.

§ 81-8 Fees.

The design standard application fees and waiver application shall be set by the Town Board and may be changed from time to time. This fee schedule shall be available in the office of the Town Clerk/Treasurer. Failure to pay any fees at the appropriate time shall result in the stoppage of the design review process.

§ 81-9 Enforcement and penalties.

Any activity that fails to satisfy the standards of this chapter shall be a violation of the chapter, regardless of whether knowledge of intent to violate was present, and shall subject the party or parties who were responsible for noncompliance or who aided or abetted the noncompliance to an injunction action which demands that the condition constituting the violation be ceased or cured and that remedial actions to achieve compliance be undertaken and/or to forfeiture in an amount of not less than $500 nor more than $5,000. Each day during which such violation exists is a separate offense. The Town may withhold further Town permits to the violating party or parties until such time that the Town Board determines that the violations have been adequately cured or mitigated. Misrepresenting or failure to provide accurate information during the design review and permitting process shall constitute a violation.

§ 81-10 Severability and nonliability.

A. If a court of competent jurisdiction adjudges any section, clause, provision or portion of this chapter unconstitutional or invalid, the remainder of this chapter shall not be affected.

B. If any application of this chapter to a particular parcel or lot of land, building, structure, water, or air is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other land, building, structure, water, or air not specifically included in said judgment.

C. The Town does not guarantee, warrant, represent, or hold itself liable for any defects in plans or specifications, false information provided, plan omissions, examination or inspection oversight, construction, or any damage that may result in or after installation, and reserves the right to order changes or additions if conditions arise making this necessary.

D. No statement or actions by any official, employees, agent or committee of the Town should be construed or taken as a binding act except a resolution, motion, or ordinance that has been adopted the Town Board or Town Plan Commission at a lawfully conducted Town Board or Town Plan Commission meeting or by the Town -adopted electorate at a duly constituted Annual or Special Meeting within the limit of their powers. This includes, but it not limited to, interpretation of this chapter.

E. The Town expressly states that it has no responsibility whatsoever for assuring that land and/or building sites sold in the Town are in compliance with any ordinances, regulations, or rules. The Town also assumes no responsibility for the suitability of any property whose land division has been approved by the Town.