The purpose of this article is to indicate the requirements
for access, visibility, off-street parking, off-street loading, exterior
storage, exterior lighting, vibration, noise, air pollution, odors,
electromagnetic radiation, glare and heat, fire and explosion, toxic
and noxious materials, waste materials, drainage, exterior construction
materials, and hazardous materials for all development occurring within
the jurisdiction of this section.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of access to public rights-of-way in accordance with the utilization
of various sites.
B.
Permit required. Each access point onto a public street or right-of-way
shall have a permit issued by the Director of Public Works per § 86.07(2),
Wis. Stats.
C.
Number of access points.
(1)
No more than one access point shall be permitted for a lot containing
one single-family residential unit.
(2)
No more than two access points shall be permitted for a residential
lot containing more than one single-family residential unit.
(3)
Nonresidential lots may have one access point for the first 100 feet
of street frontage (measured along the right-of-way line). If a nonresidential
lot has more than 100 feet of street frontage along any one street,
the lot may have two access points.
(4)
On arterial streets and in certain areas experiencing, or expected
to experience, congestion and/or safety problems, access to a lot
may be required to be located via an access point located on an adjacent
property or another street frontage.
(5)
Access shall require approval of the Zoning Administrator or the
Director of Public Works. Additional access points may be permitted
as a conditional use where deemed necessary and feasible without undue
impairment of safety, convenience and utility of the street.
D.
Residential uses. Residential uses shall not have access points onto
a nonresidential collector or arterial street unless such street has
the only available frontage or if it would be unsafe to access the
residential street.
E.
Nonresidential uses. Nonresidential uses shall not have access points
onto a residential street unless such street has the only available
frontage or if it would be unsafe to access a nonresidential street.
F.
Access near street intersections. At its intersection with the street
right-of-way line on an arterial or nonresidential collector street,
no access point shall be located closer than 100 feet from the intersection
of any two street rights-of-way unless such street is the only available
frontage on the subject property. In all cases, access points shall
be located as far from an intersection as the lot size permits. In
no case shall an access point be permitted directly on a street intersection
and shall not occupy areas necessary for traffic control or highway
signs or signals.
G.
Distance between access drives. The minimum distance between access
drives serving the same property shall be 25 feet (edge to edge),
as measured at the property line. A distance in excess of said 25
feet may be required if, in the opinion of the Zoning Administrator
or the Director of Public Works, present or projected traffic factors
warrant a greater distance.
H.
Angle of intersection with public right-of-way. All access drives
shall intersect with any public right-of-way at an angle of not less
than 75°, and shall intersect at an angle of 90° wherever
possible.
I.
Distance from property line. The distance from an access drive to
the property line of an adjacent property shall not be less than five
feet, as measured along the right-of-way line, except for common driveways
(serving two or more lots typically located over or adjacent to a
property line) and zero lot line situations.
J.
Width of driveways.
(1)
All access drives for single-unit residential properties shall comply
with the following dimensions as measured at the property line. For
lots having less than 70 feet of street frontage, driveways shall
be a minimum of 10 feet in width. For lots having 70 feet or more
of street frontage, driveways shall be a minimum of 16 feet in width.
The maximum width shall be the smaller of either 24 feet or 50% of
the street frontage of the lot as measured at the property line.
(2)
Shared driveways and driveways for residential properties having
more than one unit shall have a maximum width of 30 feet total.
(3)
All access drives for nonresidential properties shall have a minimum width of 18 feet and a maximum width of 35 feet as measured at the property line. Access drives for nonresidential properties that fail to comply with the width restrictions can be reviewed as a conditional permit per § 450-16.
(4)
Access drives may be flared between the right-of-way line and the
roadway up to a maximum of three additional feet.
(5)
Any hard-surfaced driveway existing as of September 20, 2016, that
does not comply with the width standard listed above may be resurfaced
and may be continued at the size and in a manner of operation existing
upon such date, except as hereafter specified; however, if the existing
driveway exceeds the width standard, it shall not be extended or enlarged.
An existing driveway that exceeds the maximum width standard listed
above that is not paved with a hard surface may be paved but the paved
surface must comply with the standards listed above. An existing driveway
that is narrower than width standard listed above that is not paved
with a hard surface may be paved at its current width.
K.
Traffic control. The traffic generated by any use shall be channelized
and controlled in a manner which avoids congestion on public streets
and other safety hazards. Traffic into and out of all off-street parking,
loading and traffic circulation areas serving six or more parking
spaces shall be forward moving, with no backing into streets or pedestrianways.
Required traffic control devices shall be determined by the Public
Works Director.
L.
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.)
M.
Paving of access. All access approach areas located within a street
right-of-way shall be paved to the satisfaction of the Director of
Public Works with a hard, all-weather surface, and shall be maintained
so as to prevent the transport of gravel, dirt, or other eroded material
from the subject property into the right-of-way. All access approach
areas shall be paved within one year of the issuance of an occupancy
permit.
[Amended by Ord. No. 16-11; Ord. No. 17-04]
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of vehicular visibility.
B.
Requirement. In order to provide a clear view of intersecting streets
to motorists there shall be a triangular area of clear vision formed
by the two intersecting streets and a chord connecting adjacent right-of-way
lines, as determined by the Director of Public Works. The following
are prohibited within said triangular area: signs (other than traffic
control signs) having a post(s) 12 inches in diameter or more; signs
with the bottom edge of the sign less than eight feet high; parking
spaces; structures or earthwork in excess of 30 inches; and vegetation,
fencing, and other such obstructions between 30 inches and eight feet
in height which exceed an opacity of 0.2 [see § 450-76D(2)].
Height shall be measured above either of the center-line elevations
of said two streets. Generally, the standards within Table 450-36
and illustrated in the accompanying Diagram 450-36 shall apply.
[Amended by Ord. No. 19-04; 7-17-2023 by Ord. No. 23-10]
|
Table 450-36: Vision Clearance Triangle Standards
| |
|---|---|
|
Right-of-Way Width
(feet)
|
Distance away from R-O-W Intersection, as measured along R-O-W
line
(feet)
|
|
Less than 50
|
50
|
|
50
|
50
|
|
51 to 60
|
40
|
|
61 to 66
|
34
|
|
67 to 82.5
|
15
|
|
Greater than 82.5
|
15
|
A.
Purpose. The purpose of this section is to alleviate or prevent congestion
of public rights-of-way so as to promote the safety and general welfare
of the public by establishing minimum requirements for the provision
of off-street parking and circulation in accordance with the utilization
of various sites.
B.
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.) Each and every parking space designed to serve as required parking shall not be located farther than 500 feet of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
C.
Use of off-street parking areas. The use of all required off-street
parking areas shall be limited to the parking of operable vehicles
not for lease, rent, or sale. Required parking spaces shall only be
used by operable cars, trucks and motorcycles.
D.
Traffic circulation and traffic control. Site circulation shall be
designed to provide for the safe and efficient movement of all traffic
entering, exiting, and on the site. Circulation shall be provided
to meet the individual needs of the site with specific mixing of access
and through movements, and where required, shall be depicted on the
required site plan. Circulation patterns shall conform with the general
rules of the road, and all traffic control measures shall meet the
requirements of the Manual of Uniform Traffic Control Devices.
E.
Maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be maintained to facilitate safe traffic flow. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by § 450-39C.
F.
Off-street parking and traffic circulation design standards.
(1)
Surfacing and marking. All off-street parking and traffic circulation
areas (including all residential driveways, except those within the
A-1 District) shall be paved with a hard, all-weather surface, to
the satisfaction of the Director of Public Works. Said surfaces intended
for six or more parking stalls shall be marked in a manner which clearly
indicates required parking spaces. All residential driveways shall
be paved within one year of the issuance of an occupancy permit.
(2)
Curbing. All off-street parking areas designed to have head-in parking
within 6 1/2 feet of any lot line shall provide a tire bumper
or curb of adequate height and which is properly located to ensure
that no part of any vehicle will project beyond the required setbacks
of this chapter. Curbing or continuous bumpers within off-street parking
areas shall also be required to fully separate all required landscaped
islands and/or landscaped peninsulas.
(3)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 footcandle and 1.0 footcandle is recommended for said areas. Said illumination level shall not exceed the standards of § 450-40.
(4)
Access. With the exception of single-family and two-family residential
dwelling units, each required off-street parking space shall open
directly upon an aisle or driveway that is wide enough and designed
to provide a safe and efficient means of vehicular access to the parking
space without directly backing or maneuvering a vehicle into a public
right-of-way. All off-street parking lots having four or more spaces
shall be designed to provide adequate area for internal movement to
prevent the direct backing or maneuvering of a vehicle into a public
right-of-way. No driveway across public property, or requiring a curb
cut, shall exceed a width of 35 feet for commercial and industrial
land uses, or 24 feet for residential land uses. [See also Table 450-37G(6).]
Off-street parking spaces for residential uses may be stacked or in
front of one-another for the same building unit. Parking spaces located
within and/or behind an enclosed garage, and located directly off
a through aisle, shall be located on a through aisle a minimum of
30 feet deep.
(5)
Fire lanes. A fire lane shall be required to provide access to any
portion of any structure equal to or less than 40 feet tall which
is more than 150 feet from the nearest street right-of-way, and to
any portion of any structure greater than 40 feet tall which is more
than 50 feet from the nearest street right-of-way. The Zoning Administrator
may also require the provision of a fire lane or lanes to any part
of any structure upon a determination that the distance of the structure
from the nearest hydrant, the configuration of development on the
site, or other special characteristics of the site otherwise inhibit
effective fire extinguishment. All fire lanes shall: provide clear,
unobstructed access for vehicles and apparatus at all times through
a combination of pavement marking and signage; shall be a minimum
of 18 feet wide; and shall be surfaced as an all-weather roadway.
(6)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article VI.
(7)
Handicapped parking spaces. Parking for the handicapped shall be
provided at a size, number, location, and with signage as specified
by state and federal regulations.
(8)
Parking space design standards. Other than parking required to serve
the handicapped, every and all provided off-street parking space shall
comply with the minimum requirements of Table 450-37G(6). The minimum
required length of parking spaces shall be 17.0 feet, plus an additional
1.5-foot vehicle overhang area at the end of the stall. All parking
spaces shall have a minimum vertical clearance of at least seven feet.
(9)
Snow storage. Required off-street parking and traffic circulation
areas shall not be used for snow storage. In instances where more
parking is available than required by this chapter, snow storage is
permitted.
(10)
Parking lot design standards. Horizontal widths for parking
rows, aisles, and modules shall be provided at widths no less than
listed in Table 450-37G(6) and shown in Diagram 450-37G(6).
(11)
Electric vehicle charging stations.
[Added 5-2-2022 by Ord.
No. 22-04]
(a)
Multiple-family residential land uses. All new surface parking
areas serving multifamily developments with at least 10 residential
units shall provide electrical vehicle charging stations for a minimum
of 10% of required parking spaces.
(b)
Parking lots. Any surface or structured parking built after
the adoption of this chapter, containing 20 or more parking spaces,
must have a minimum of one electric vehicle charging station installed
for every 20 parking spaces, or fraction thereof. Off-street parking
spaces with electric vehicle charging stations shall count towards
the minimum requirement of parking spaces.
G.
Calculation of minimum required parking spaces.
(1)
General guidelines for calculating required parking spaces. The requirements of Subsection G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use; the gross floor area of the use; or the number of employees which work at the subject property during the largest work shift. The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Said spaces shall be in addition to those required by Subsection G(3), below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak hour parking space demand shall be provided by said land use.
(2)
Joint parking facilities.
(a)
Parking facilities which have been approved by the Director
of Public Works to provide required parking for one or more uses shall
provide a total number of parking spaces which shall not be less than
the sum total of the separate parking needs for each use during any
peak hour parking period when said joint parking facility is utilized
at the same time by said uses.
(b)
Each parking space designed to serve as joint parking shall
not be located farther than 500 feet from the access to all of the
various areas it is designated to serve.
(c)
The applicant(s) for approval of a joint parking facility shall
demonstrate to the Director of Public Work's satisfaction that there
is no substantial conflict in the demand for parking during the principal
operating hours of the two of more uses for which the joint parking
facility is proposed to serve.
(d)
A legally binding instrument, approved by the Zoning Administrator, shall be executed by any and all parties to be served by said joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Clerk. A fee shall be required to file this instrument (see § 450-28).
(4)
Provision of fee in-lieu of parking spaces development. Within the
Central Business (B-2) District, the parking requirements of this
chapter are hereby waived.
(5)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and parking lots designated on the approved site plan (see § 450-23).
(b)
No private parking shall occur on street terraces, driveways,
or any other areas located within a public right-of-way not explicitly
designated by the Director of Public Works.
(6)
Commercial and industrial vehicle and equipment parking. Parking
spaces clearly visible from public streets shall only be used for
customer or employee vehicles. No commercial and industrial vehicle
shall be parked in required off street parking spaces unless such
spaces are designate for business use on a City approved site plan.
This restriction shall also prevent non-employee or customer trailer
parking in required off street parking spaces.
|
Table 450-37G(6): Parking Layout Dimensions
| |||||
|---|---|---|---|---|---|
|
Minimum Permitted Dimensions
|
Parking Angle
(degrees)
| ||||
|
0 (parallel)
|
45
|
60
|
75
|
90
| |
|
Stall width at parking angle (SW)
|
9.0 feet
|
9.0 feet
|
9.0 feet
|
9.0 feet
|
9.0 feet
|
|
Stall width parallel to aisle (WP)
|
17.90 feet
|
12.7 feet
|
10.4 feet
|
9.3 feet
|
9.0 feet
|
|
Stall depth to wall (D)
|
9.0 feet1
|
17.5 feet1
|
19.0 feet
|
19.5 feet1
|
18.5 feet1
|
|
Stall depth to interlock (DI)
|
—
|
15.3 feet
|
17.5 feet
|
18.8 feet
|
—
|
|
Stall length (including 1.5-foot curb overhang) (SL)
|
18.5 feet
|
18.5 feet
|
18.5 feet
|
18.5 feet
|
18.5 feet
|
|
Aisle width (AW)
|
12.0 feet2
|
12.0 feet2
|
16.0 feet2
|
17.20 feet2
|
26.0 feet2
|
|
Throat length (right-of-way to parking area) (T)
|
Refer to Requirements in Table 450-37G(7).
| ||||
|
Parking module width (PMW):
| |||||
|
Wall-to-wall (single-loaded) (W1)
|
21.0 feet
|
29.5 feet
|
35.0 feet
|
42.5 feet
|
44.5 feet
|
|
Wall-to-wall (double-loaded) (W2)
|
30.0 feet
|
47.0 feet
|
54.0 feet
|
62.0 feet
|
63.0 feet
|
|
Wall-to-interlock (double-loaded) (W3)
|
—
|
44.8 feet
|
52.5 feet
|
61.3 feet
|
—
|
|
Interlock-to-interlock (double-loaded) (W4)
|
—
|
42.6 feet
|
51.0 feet
|
60.6 feet
|
—
|
|
1
|
Parking spaces located behind an enclosed garage and located
directly off a through aisle shall be at least 30 feet deep.
|
|
2
|
This dimension represents (AW) for one-way traffic. For two-way
traffic, add 8.0 feet to a maximum (AW) of 26.0 feet.
|
Diagram 450-37G(6)
|
(7)
Minimum permitted throat length. Table 450-37G(7) below shall be
used to determine the minimum permitted throat length of access drives
serving parking lots, as measured from the right-of-way line along
the center line of the access drive.
|
Table 450-37G(7): Minimum Permitted Throat Length
| ||||
|---|---|---|---|---|
|
Land Use
|
Type
|
Scale of Development
|
Type of Access Street
| |
|
Collector
(feet)
|
Arterial
(feet)
| |||
|
Residential
|
Any residential
|
0-100 dwelling units
|
25
|
—
|
|
101 to 200 dwelling units
|
50
|
75
| ||
|
201+ dwelling units
|
75
|
125
| ||
|
Commercial
|
Office
|
0 to 50,000 gross square feet
|
25
|
50
|
|
50,000 to 100,000 gross square feet
|
25
|
75
| ||
|
100,001 to 200,000 gross square feet
|
50
|
100
| ||
|
200,001+ gross square feet
|
100
|
150
| ||
|
In-vehicle sales
|
0 to 2,000 gross square feet
|
25
|
75
| |
|
2,001+ gross square feet
|
50
|
100
| ||
|
Indoor entertainment
|
0 to 15,000 gross square feet
|
25
|
50
| |
|
15,001+ gross square feet
|
25
|
75
| ||
|
Commercial lodging
|
0 to 150 rooms
|
25
|
75
| |
|
151+ rooms
|
25
|
100
| ||
|
Other commercial uses
|
0 to 25,000 gross square feet
|
25
|
50
| |
|
25,001 to 100,000 gross square feet
|
25
|
75
| ||
|
100,001 to 500,000 gross square feet
|
50
|
100
| ||
|
500,001+ gross square feet
|
75
|
200
| ||
|
Industrial
|
All industrial uses
|
0 to 100,000 gross square feet
|
25
|
50
|
|
100,001 to 500,000 gross square feet
|
50
|
100
| ||
|
501,001+ gross square feet
|
50
|
200
| ||
|
All other uses
|
6+ parking spaces
|
—
|
25
|
50
|
A.
Purpose. The purpose of this section is to prevent congestion of
public rights-of-way and private lots so as to promote the safety
and general welfare of the public by establishing minimum requirements
for the provision of loading facilities on various sites.
B.
Applicability. Any use which has a gross floor area of 6,000 square
feet or more, and which requires deliveries or makes shipments, shall
provide off-street loading facilities in accordance with the regulations
of this section.
C.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with § 450-35. All loading areas shall be located on the private lot and shall not be located within, or so as to interfere with, any public right-of-way.
D.
Size of loading area. The first required loading berth shall be designed
in accordance with Table 450-38. All remaining required loading berths
shall be a minimum of 25 feet in length. All required loading berths
shall have a minimum vertical clearance of 14 feet. The following
standards shall be the minimum used to design loading areas:
|
Table 450-38: Loading Standards
| ||||||
|---|---|---|---|---|---|---|
|
Design Vehicle
|
Length (L)
(feet)
|
Dock Angle (ɑ)
|
Clearance (D)
(feet)
|
Berth Width (W)
(feet)
|
Apron Space (A)
(feet)
|
Total Offset (T)
(feet)
|
|
WB-40
|
50
|
90°
|
50
|
10
|
63
|
113
|
|
12
|
56
|
106
| ||||
|
14
|
52
|
102
| ||||
|
60°
|
44
|
10
|
46
|
90
| ||
|
12
|
40
|
84
| ||||
|
14
|
35
|
79
| ||||
|
45°
|
36
|
10
|
37
|
73
| ||
|
12
|
32
|
68
| ||||
|
14
|
29
|
65
| ||||
|
WB-50
|
55
|
90°
|
55
|
10
|
77
|
132
|
|
12
|
72
|
127
| ||||
|
14
|
67
|
122
| ||||
|
60°
|
48
|
10
|
55
|
103
| ||
|
12
|
51
|
99
| ||||
|
14
|
46
|
94
| ||||
|
45°
|
39
|
10
|
45
|
84
| ||
|
12
|
40
|
79
| ||||
|
14
|
37
|
76
| ||||
Diagram 450-38
|
E.
Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 450-37 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
F.
Surfacing and marking. All required loading areas shall be paved
and maintained in a dustfree condition at all times. Said surface
shall be marked in a manner which clearly indicates required loading
areas.
G.
Use of required loading areas. The use of all required loading areas
shall be limited to the loading and unloading of vehicles. Said area
shall not be used to provide minimum required parking spaces.
I.
Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article VI.
J.
Depiction on required site plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.)
K.
Calculation of required loading spaces.
(1)
Indoor institutional land uses: one loading berth shall be required
for each building having a gross floor area of 6,000 square feet to
29,999 square feet. For such uses located in buildings having a gross
floor area of 30,000 square feet or greater, two loading berths shall
be required.
(2)
Commercial, storage/disposal, transportation, and industrial land
uses: one loading berth shall be required for each building having
a gross floor area of 6,000 square feet to 29,999 square feet. For
such uses located in buildings having a gross floor area of 30,000
square feet or greater, an additional loading berth shall be required
for any portion of each 50,000 square feet of gross floor area in
addition to the original 29,999 square feet.
(3)
Office land uses: one loading berth shall be required for each building
having a gross floor area of 6,000 square feet to 99,999 square feet.
For such uses located in buildings having a gross floor area of 100,000
square feet or greater, an additional loading berth shall be required
for any portion of each 100,000 square feet of gross floor area in
addition to the original 99,999 square feet.
A.
Purpose. The purpose of this section is to control the use of property
for exterior storage so as to promote the safety and general welfare
of the public.
B.
Requirements for exterior storage in residential zoning districts. In all residential zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following. These items shall not be located within any front yard or street yard (required or excess yard, the area between the building and the required setback line) and shall be stored a minimum of five feet from any and all property lines: firewood, construction materials, landscaping materials storage and related equipment connected with on-site construction, off-street parking of vehicles in designated parking spaces, and recreational equipment as described in § 450-39F.
C.
Requirements for exterior storage in commercial and office districts. In all commercial and office zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking. See outdoor display standards in § 450-33. See § 450-39F for recreational equipment standards.
D.
Requirements for exterior storage in industrial and Historic Mixed-Use Districts. [See § 450-33G(2) for outdoor storage regulations in industrial and Historic Mixed-Use District.]
E.
Inoperative motor vehicles and junk. Refer to the City Code.
F.
Recreational equipment.
(1)
The following regulations apply to the exterior storage of recreational
equipment in all zoning districts.
(a)
Recreational equipment shall include, but not be limited to,
boats, snowmobiles, all terrain vehicles, travel trailers, pop-up
campers, and motor homes.
(b)
Temporary utility hook-ups shall be permitted for a period not
to exceed 72 hours for loading and unloading purposes; and an aggregate
of 14 days in any thirty-day period for sleeping quarters if the recreational
vehicle is owned by the occupant or a guest of the occupant of the
residence, subject to the conditions of this section. Temporary utility
hook-ups shall not cross public land such as a sidewalk or terrace.
(c)
At no time shall a recreational vehicle be used for permanent
living, sleeping, materials storage or other purpose. No recreational
vehicle shall be permanently connected to water, gas, electric, or
sanitary sewer service. Effluent from recreational vehicles shall
be disposed of at the sewage treatment plant only.
(d)
Outside storage of recreational equipment that is not owned
by the resident, or property owner if there is no resident, is prohibited.
(e)
Recreational equipment that is outside of an enclosed building
must be in operable condition with respect to its intended use.
(2)
Exterior storage of recreational equipment in residential, agricultural
and conservation districts for parcels with an existing principal
structure.
(a)
Recreational equipment that is owned by the resident of the
property shall be permitted if said equipment is stored or parked
a minimum of five feet from any and all property lines unless the
equipment is screened with a bufferyard with a minimum of 0.30 opacity.
Recreational equipment shall not be located within any front yard
or any required street yard (except for designated parking spaces)
for more than 48 hours.
(b)
Said equipment storage shall not be located in a minimum required
parking space during said equipment's off-season. Motor homes which
are used on a year-round basis shall be permitted in said areas on
a year-round basis.
(3)
Exterior storage of recreational equipment in residential, agricultural
and conservation districts for parcels without an existing principal
structure.
(a)
Recreational equipment that is owned by the property owner cannot
be located on any parcel prior to construction of a principal structure
for more than either 14 days in any thirty-day period or 60 days per
year. Under this condition, the recreational equipment may be used
for sleeping quarters by the property owner only.
(4)
Exterior storage of recreational equipment is prohibited in industrial,
commercial office and Historic Mixed-Use Districts except for businesses
that sell, manufacture, repair, or otherwise have business dealings
with recreational equipment.
A.
Purpose. The purpose of this section is to regulate the spillover
of light and glare on operators of motor vehicles, pedestrians, and
land uses in the vicinity of a light source in order to promote traffic
safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this section apply to all private
exterior lighting within the jurisdiction of this chapter, except
for lighting within public rights-of-way and/or lighting located on
public property.
C.
Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.)
D.
Requirements.
(1)
Orientation of fixture. In no instance shall an exterior lighting
fixture be oriented so that the lighting element (or a transparent
shield) is visible from a property located within a residential zoning
district. The use of shielded luminaries and careful fixture placement
is encouraged so as to facilitate compliance with this requirement.
(2)
Intensity of illumination. In no instance shall the amount of illumination
attributable to exterior lighting, as measured at the property line,
exceed 0.50 footcandle above ambient lighting conditions on a cloudless
night.
(3)
Location. Light fixtures shall not be located within required bufferyards.
(4)
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists are prohibited. [Refer to § 450-61A(3).]
(5)
Minimum lighting standards. All areas designated on required site
plans for vehicular parking, loading, or circulation and used for
any such purpose after sunset shall provide artificial illumination
in such areas at a minimum intensity of 0.4 footcandle.
(6)
Nonconforming lighting. All lighting fixtures existing prior to the
effective date of this chapter shall be considered as legal conforming
uses.
(7)
Special events lighting. Any temporary use using exterior lighting
which is not in complete compliance with the requirements of this
section shall secure a temporary use permit.
A.
Purpose. The purpose of this section is to regulate the creation
of vibration which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities which create detectable vibrations, except that these
standards shall not apply to vibrations created during the construction
of the principal use on the subject property.
C.
Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 450-23.)
D.
Requirements. No activity or operation shall cause or create earthborne
vibrations in excess of the displacement values given below.
E.
Method of measurement. Measurements shall be made at or beyond the
adjacent lot line or the nearest residence district boundary line,
as described below. Vibration displacements shall be measured with
an instrument capable of simultaneously measuring in three mutually
perpendicular directions. The maximum permitted displacements shall
be determined in each zoning district by the following formula: D
= K/f (where D = displacement in inches; K = a constant to be determined
by reference to the tables below; f = the frequency of vibration transmitted
through the ground, cycles per second.)
F.
Standards in the Light Industrial (M-1) District. In the M-1 District,
the maximum earth displacement permitted at the points described below
shall be determined by use of the formula above and the appropriate
K constant shown in the table below.
|
Location
|
K
|
|---|---|
|
On or beyond any residence district boundary line
| |
|
Continuous
|
0.003
|
|
Impulsive
|
0.006
|
|
Less than 8 pulses per 24-hour period
|
0.015
|
G.
Standards in the General Industrial (M-2) District. In the M-2 District,
the maximum earth displacement permitted at the points described below
shall be determined by use of the formula above and the appropriate
K constant shown in the table below.
|
Location
|
K
|
|---|---|
|
On or beyond the any adjacent lot line
| |
|
Continuous
|
0.015
|
|
Impulsive
|
0.030
|
|
Less than 8 pulses per 24-hour period
|
0.075
|
|
On or beyond any residence district boundary line
| |
|
Continuous
|
0.003
|
|
Impulsive
|
0.006
|
|
Less than 8 pulses per 24-hour period
|
0.015
|
H.
Standards in the Heavy Industrial (M-3) District. In the M-3 District,
the maximum earth displacement permitted at the points described below
shall be determined by use of the formula above and the appropriate
K constant shown in the table below.
|
Location
|
K
|
|---|---|
|
On or beyond the any adjacent lot line
| |
|
Continuous
|
0.030
|
|
Impulsive
|
0.060
|
|
Less than 8 pulses per 24-hour period
|
0.150
|
|
On or beyond any residence district boundary line
| |
|
Continuous
|
0.003
|
|
Impulsive
|
0.006
|
|
Less than 8 pulses per 24-hour period
|
0.015
|
A.
Purpose. The purpose of this section is to regulate the creation
of noise which adversely affects adjoining properties in order to
prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities which create detectable noise, except that these standards
shall not apply to noise created during the construction of the principal
use on the subject property, or by incidental traffic, parking, loading,
maintenance or agricultural operations.
C.
Requirements. All noise shall be muffled so as not be objectionable
due to intermittence, beat frequency or shrillness. In no event shall
the sound-pressure level of noise radiated continuously from a facility
exceed at the lot line of the subject property the values given in
Table 450-42C(1) (set out hereafter) as measured by, at the minimum,
a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983,
where said lot abuts property within any residential, commercial or
industrial zoning district.
|
Table 450-42C(1): Maximum Permitted Noise Level at Lot Line
for Noise Radiated Continuously*
| |
|---|---|
|
Zoning District
|
Increase in Noise Level over Ambient Level (dBA)
|
|
A-1, A-2, C-1, C-2, R-1, R-2, R-3, R-4
|
plus 3 dBA
|
|
B-1, B-2, B-3, B-4, HMU, O-1, M-1
|
plus 5 dBA
|
|
M-2, M-3
|
plus 8 dBA
|
|
*
|
If the noise is not smooth and continuous or is present only
during daytime hours, one or more of the corrections, in Table 450-42C(2)
below, shall be added to or subtracted from each of the decibel levels
given above in Table 450-42C(1).
|
|
Table 450-42C(2): Adjustment Factors for Maximum Noise Levels
| |
|---|---|
|
Type of Operation in Character of Noise
|
Correction in Decibels
|
|
Daytime operation only
|
plus 5
|
|
Noise source operates less than 20% of any one-hour period
|
plus 5*
|
|
Noise source operates less than 5% of any one-hour period
|
plus 10*
|
|
Noise source operates less than 1% of any one-hour period
|
plus 15*
|
|
Noise of impulsive character (hammering, etc.)
|
minus 5
|
|
Noise of periodic character (hum, speech, etc.)
|
minus 5
|
|
*
|
Apply one of these corrections only.
|
A.
Purpose. The purpose of this section is to regulate the creation
of air pollution which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
air pollution created during the construction of the principal use
on the subject property, or by incidental traffic, parking, loading,
or maintenance operations.
C.
Standards.
(1)
The emission, from all sources within any lot, of particulate matter
containing a particle diameter larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of density equal to or greater
than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited
at all times.
(3)
Dust and other types of air pollution borne by the wind from such
sources as storage areas, yards, and roads within the boundaries of
any lot shall be kept to a minimum by appropriate landscaping, paving,
or other acceptable means.
(4)
All applicable state and federal standards.
A.
Purpose. The purpose of this section is to regulate the creation
of odor which adversely affects adjoining properties in order to prevent
the creation of nuisances and to promote the general welfare of the
public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
odors created during the construction of the principal use on the
subject property, or by incidental traffic, parking, loading, or maintenance
operations. Public landfills and public sanitary sewage treatment
plants shall be exempted from the requirements of this section as
essential public services.
C.
Standards. Except for food preparation and cooking odors emanating
from legally established agricultural and residential land uses, and
odors associated with property development and maintenance (such as
construction, lawn care, and the painting and roofing of structures),
no odor shall be created for periods exceeding a total of 15 minutes
per any day which are detectable (by a healthy observer such as the
Zoning Administrator or a designee who is unaffected by background
odors such as tobacco or food) at the boundary of the subject property,
where said lot abuts property within any residential, commercial or
industrial zoning district.
A.
Purpose. The purpose of this section is to regulate the creation
of electromagnetic interference which adversely affects adjoining
properties in order to prevent the creation of nuisances and to promote
the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. It shall be unlawful to operate or cause to be operated
any planned or intentional source of electromagnetic interference
for such purposes as communication, experimentation, entertainment,
broadcasting, heating, navigation, therapy, vehicle velocity measurement,
weather survey, aircraft detection, topographical survey, personal
pleasure, or any other use directly or indirectly associated with
these purposes which does not comply with the then current regulations
of the Federal Communications Commission regarding such sources of
electromagnetic interference. Further, said operation in compliance
with the Federal Communications Commission shall be unlawful if such
interference causes an abnormal degradation in performance of other
electromagnetic radiators or electromagnetic receptors of quality
and proper design because of proximity, primary field, blanketing,
spurious radiation, harmonic content, modulation or energy conducted
by power or telephone lines. The determination of "abnormal degradation
in performance" and "of quality and proper design" shall be made in
accordance with good engineering practices as defined in the latest
principles and standards of the American Institute of Electrical Engineers,
the Institute of Radio Engineers, and the Electronic Industries Association.
In case of any conflict between the latest standards and principles
of the above groups, the following precedence in the interpretation
of the standards and principles shall apply: 1) American Institute
of Electrical Engineers, 2) Institute of Radio Engineers, and 3) Electronic
Industries Association.
A.
Purpose. The purpose of this section is to regulate the creation
of glare or heat which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
glare created during the construction of the principal use on the
subject property, or by incidental traffic, parking, loading, or maintenance
operations.
C.
Standards. No direct or sky-reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, so as to be measurable by a light meter at the lot line of the subject property shall be permitted. (See also, § 450-40.) Furthermore, there shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the Zoning Administrator or a designee) at the lot line. Solar systems regulated by § 66.0401, Wis. Stats., shall be entitled to the protection of its provisions.
A.
Purpose. The purpose of this section is to regulate the creation
of fire and/or explosion hazards which adversely affect adjoining
properties in order to prevent the creation of nuisances and to promote
the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. Any materials which could decompose by detonation shall
be located a minimum of 400 feet from any residential or office zoning
district, except that this standard shall not apply to the storage
or usage of liquefied petroleum or natural gas for normal residential
or business purposes. All activities and storage of flammable and
explosive materials at any point shall be provided with adequate safety
and firefighting devices in accordance with all fire prevention codes
of the State of Wisconsin.[1]
A.
Purpose. The purpose of this section is to regulate the handling
of toxic or noxious material which adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject property,
or through percolation into the subsoil, toxic or noxious material
in such concentration as to be detrimental to, or endanger, the public
health, safety, comfort, or welfare, or cause injury or damage to
the property or business.
(2)
No use shall discharge at any point into any public or private sewage
disposal system or stream, or into the ground, any liquid or solid
materials except in accordance with the regulations of the Wisconsin
Department of Natural Resources.
[Amended 7-17-2023 by Ord. No. 23-10]
A.
Purpose. The purpose of this section is to regulate the handling
of waste material which adversely affects adjoining properties in
order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject property,
or through percolation into the subsoil, toxic or noxious material
in such concentration as to be detrimental to, or endanger, the public
health, safety, comfort, or welfare, or cause injury or damage to
the property or business.
(2)
No use shall discharge at any point into any public or private sewage
disposal system or stream, or into the ground, any liquid or solid
materials except in accordance with the regulations of the Wisconsin
Department of Natural Resources.
A.
Purpose. The purpose of this section is to regulate the creation
of drainage which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. No land shall be developed and no use shall be permitted
that results in water runoff which causes property damage, a nuisance,
and/or erosion on adjacent properties. Such runoff shall be properly
conveyed to a public storm drain, drainageway or other such public
drainage facility per the approval of the Director of Public Works.
A.
Purpose. The purpose of this section is to regulate the use of certain
exterior construction materials so as to attain a degree of uniformity
in exterior appearance, and thus maintain and enhance the attractiveness
and property value of certain zoning districts.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards for the M-1 Zoning District and all residential and commercial zoning districts. Exposed foundations greater than three feet in height from the adjacent grade, in all multifamily, institutional, commercial and industrial development, shall require additional decorative exterior treatment subject to site plan review approval by the Plan Commission per § 450-23.
A.
Purpose. The purpose of this section is to provide information to
the City regarding the nature of land uses which involve research,
production, storage, disposal, handling, and/or shipment of hazardous
materials.
B.
Applicability. The requirements of this section apply to all land
uses and activities involving any one or more of the following:
(1)
Microorganism cultures subject to Wis. Stats., § 94.65;
(2)
Pesticides subject to Wis. Stats., § 94.67(25);
(3)
Biological products subject to Wis. Stats., § 95.39;
(4)
Hazardous substances subject to Wis. Stats., § 100.37(1)(c);
(5)
Toxic substances subject to Wis. Stats., § 101.58(2)(j);
(6)
Infectious agents subject to Wis. Stats., § 101.58(2)(f);
(7)
Any material for which the state requires notification of a local
fire department;
(8)
Any other uses, activities, or materials which are subject to county,
state, or federal hazardous, or related, materials regulations.
A.
Purpose. The purpose of this section is to regulate the materials,
location, height, and maintenance of fencing, landscaping walls (nonstructural
decorative walls, typically made of stone or brick), and decorative
posts in order to prevent the creation of nuisances and to promote
the general welfare of the public.
B.
Applicability. The requirements of this section apply to all fencing,
landscape walls and decorative posts equal to or exceeding 30 inches
in height for all land uses and activities.
C.
Standards.
(1)
Materials:
(a)
Residential districts. Acceptable materials for constructing
fencing, landscape walls, and decorative posts include wood, stone,
brick, wrought iron, chain-link, and wire-mesh, except that wire-mesh
fencing is not permitted within required front yard or street yard
areas. Any fence within a street yard, including along property lines
which intersect a right-of-way, shall be a maximum of 50% opaque.
(b)
Nonresidential districts. Acceptable materials for constructing fencing, landscape walls, and decorative posts include wood, stone, brick, wrought iron, chain-link, and wire-mesh. Barbed wire fencing is permitted on security fences at heights equal to or greater than 7 1/2 feet 90 inch. This height requirement may be exceeded with the granting of a conditional use permit (per § 450-16).Any fence within a street yard, including along property lines which intersect a right-of-way, shall require site plan approval.
(c)
Temporary fencing. Temporary fencing, including the use of wood
or plastic snow fences for the purposes of limiting snow drifting
between November 1 and April 1, protection of excavation and construction
sites, and the protection of plants during grading and construction
is permitted for up to 180 consecutive days and no more than 180 consecutive
days per calendar year.
(d)
Snow fences. Snow fences constructed of wood and wire, and/or
plastic, shall be permitted only as temporary fences.
(2)
Location. On all properties, no fence, landscape wall or decorative
post shall be located closer than one foot to the front yard or street
yard property line. Fence may be required to be more than one foot
from a front or street yard property line if it creates a visual obstruction.
Fences may be located on a property line abutting a side or rear yard.
(3)
Maximum height. The maximum height of any fence, landscape wall,
or decorative post shall be the following:
(a)
Four feet when located within a required front yard or required
street yard on any property, unless it is determined to be a visual
obstruction.
(b)
Six feet when located on any residentially zoned property in
a side or rear yard.
[Amended by Ord. No. 19-04]
(c)
Eight feet when located on any nonresidentially zoned property
in a side or rear yard.
[Amended by Ord. No. 19-04]
(d)
The maximum heights listed for Subsection C(3)(a) through (c) above may be exceeded with the approval of a conditional use per § 450-16. The following conditions (at a minimum) shall be established for such requests:
[1]
The increase in height shall in no way further obstruct vision
for intersecting streets, driveways, sidewalks or other traffic areas;
[2]
The fence shall be screened on its external side with adequate
plants so as to maintain an attractive appearance to said side;
[3]
The fence shall be set back from the property line beyond the requirement of Subsection C(2) above such distance as appropriate to contain adequate landscaping per Subsection C(3)(d)[2] above and so as to maintain an attractive relationship to fence's external side.
(4)
Orientation. Any and all fences, landscape walls, or decorative posts
between different land uses shall be erected so as to locate visible
supports and other structural components toward the most intensive
land use as determined by the Building Inspector and/or Zoning Administrator.
Any and all fences, landscape walls, or decorative posts between land
uses of like intensity or adjacent to public right-of-way shall be
erected so as to locate visible supports and other structural components
toward the fence owner's property.
(5)
Maintenance. Any and all fences, landscape walls, or decorative posts
shall be maintained in a structurally sound and attractive manner.
A.
Regulation. This section is to regulate the placement of and access
to wind energy systems (WES) for the purposes of protecting the health
and safety of individuals on adjacent properties as well as the general
public.
C.
Plans to be submitted. Application for the permit shall include the
following:
(1)
Property lines;
(2)
Proposed location of WECS;
(3)
Location of all existing structure on sites;
(4)
All aboveground utility lines within a radius equal to the height
of the WECS;
(5)
Schematic of electrical system associated with the WECS including
all existing and proposed electrical interconnections;
(6)
All underground utility lines on the site;
(7)
Dimensional representation of the structural components of the tower
construction including the base and footings;
(8)
Manufacturer's specifications and installation and operation instructions
or specific WECS design data;
(10)
No WES shall be located in the required front setback. No WES
shall be located in any dedicated easement.
D.
Wind access. Wind access specifications are subject to state statutes.
E.
Blade clearance. The minimum distance between the ground and any
protruding blade(s) utilized on a WECS shall be 15 feet, as measured
at the lowest point of the arc of the blades. The minimum distance
shall be increased as necessary to provide for vehicle clearance in
locations where oversized vehicles might travel.
F.
Climbing towers, tower access. Access to towers shall be controlled
by fences six feet in height around the tower and anticlimbing devices.
Existing local regulations regarding attractive nuisances shall cover
wind systems as well. A sign indicating electrical shock hazard shall
be placed on the tower. Wording of sign: "Warning: Electrical shock
hazard. No unauthorized persons on tower. No trespassing." Cables,
ropes, or wires used to secure the WECS shall be appropriately marked
to prevent accidental bodily harm.
G.
Tower construction. Construction: Tower construction shall be in
accordance with all applicable sections of the Wisconsin State Building
Code, including but not limited to Sections 50.12, 53.10, 53.12, 62.37,
62.38, 62.39, 62.40, 62.41, and any future amendments and/or revisions
to same.
H.
Utility interconnection. The WECS, if interconnected to a utility
system, shall meet the requirements for interconnection and operate
as set forth in the electric utility's then current service regulations
applicable to WECS. These standards are subject to review by the Public
Service Commission of Wisconsin. There is no need for additional local
regulation of the electrical interconnection of a wind system with
the electric utility.
I.
Setback requirements. The installation may be erected not less than
one rotor radius plus five feet from any property line of right-of-way
for overhead electrical transmission or distribution lines. If the
WECS complies with all the other parameters of this chapter, except
that it cannot be certified by the manufacturer or certified engineer
to conform with applicable sections of the Uniform Building Code of
Wisconsin State Building Code, as defined previously, then installation
shall not be erected nearer to any lot line than the total height
of the structure. Contiguous property owners may construct a WECS
for use in common, provided that the required setback is maintained
relative to the property lines of nonparticipating owners.
J.
Required safety features. The design of a proposed WECS shall operate
safely, without loss of structural integrity, under the following
conditions:
K.
Noise. During all operations, from commencement through abandonment,
all noise and vibration shall conform with the requirements of the
Code of the City of Edgerton.
L.
Interference with navigational systems. No WECS shall be installed
or operated in such a manner that is not in compliance with the Federal
Aviation Administration regulations.
M.
Electrical distribution lines. All electrical distribution lines must be located underground unless the WECS complies with § 450-33I(7).
N.
WES safety provisions.
(1)
Automatic overspend control. All WECS shall be designed with an automatic
overspend control to render the system inoperable when winds are blowing
in excess of the speeds for which the machine was designed.
(2)
Manual shutdown. All WECS shall have a manually operable method to
render the system inoperable in the event of structural or mechanical
failure of any part of the system including the automatic overspeed
control.
(3)
Unsafe WECS. Any WECS or part thereof declared to be unsafe by the
Building Inspector by reason of inadequate maintenance, dilapidation,
obsolescence, fire hazard, disaster, damage, or abandonment, are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the procedures set forth
in the Code of the City of Edgerton.
O.
Commercial sale of converted wind energy. The resultant energy generated by the WECS shall not be used as commercial enterprise unless the WECS complies with § 450-33I(7).
P.
Maintenance. The Building Inspector and his or her representative
shall have the right, at any reasonable time, to enter, in the company
of the owner of his agent, the premises on which a WECS has been constructed
to inspect all parts of said WECS installation and require that repairs
or alterations be made within 30 days if in his judgment there exists
a deficiency in the structure stability of the system.
(1)
A yearly inspection (at a fee as set by the City Council in the current
Fee Schedule, on file in City Hall) shall be made by the Building
Inspector to certify the safety and maintenance of the WECS and accessory
structures.
[Amended 7-17-2023 by Ord. No. 23-10]
A.
Solar access permits.
(1)
Permit procedure. The Plan Commission is herein delegated the responsibility to issue solar access permits. The Plan Commission shall determine if an application is satisfactorily completed and shall notify the applicant of its determination. If an applicant receives notice that an application has been satisfactorily completed, the applicant shall deliver by certified mail or by hand a notice to the owner of any property which the applicant proposes to be restricted by the permit under § 450-55A(5)(a). The applicant shall submit to the Zoning Administrator a copy of a signed receipt for every notice delivered under this section. The Zoning Administrator shall supply the notice form. The information of the form may include, without limitation because of enumeration:
[Amended 7-17-2023 by Ord. No. 23-10]
(a)
The name and address of the applicant, and the address of the
land upon which the solar collector is or will be located.
(b)
That an application has been filed by the applicant.
(c)
That the permit, if granted, may affect the rights of the notified
owner to develop his or her property and to plant vegetation.
(d)
The telephone number, address and office hours of the City.
(e)
That any person may request a hearing under § 450-55A(2) within 30 days after receipt of the notice, and the address and procedures for filing the request.
(2)
Hearing. Within 30 days after receipt of the notice under § 450-55A(1), any person who has received a notice may file a request for a hearing on the granting of a permit. The Plan Commission may determine that a hearing is necessary even if no such request if filed. If a request is filed or if the agency determines that a hearing is necessary, the Plan Commission shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the Plan Commission shall notify the applicant, all owners notified under § 450-55A(1) and any other persons filing a request of the time and place of the hearing.
(3)
Permit grant. The Plan Commission shall grant a permit if it determines
that:
(a)
The granting of a permit will not unreasonably interfere with
the orderly land use and development plans of the City;
(b)
No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that she or he has applied for a building permit prior to receipt of a notice under § 450-55A(1), has expended at least $500 on planning or designing such a structure or by submitting any other credible evidence that she or he has made substantial progress toward planning or constructing a structure that would create an impermissible interference; and
(c)
The benefits to the applicant and the public will exceed any
burdens.
(4)
Exemptions. The Plan Commission may grant a permit subject to any
condition or exemption the Plan Commission deems necessary to minimize
the possibility that the future development of nearby property will
create an impermissible interference or to minimize any other burden
on any person affected by granting the permit. Such conditions or
exemptions include but are not limited to restrictions of the location
of the collector and requirements for the compensation of persons
affected by the granting of the permit.
(5)
Record of permit. If the Plan Commission grants a permit.
(a)
The Plan Commission shall specify the property restricted by the permit under § 450-55A and shall prepare notice of the granting of the permit. The notice shall include the identification required under § 450-55A for the owner and the property upon which the solar collector is or will be located and for any owner and property restricted by the permit under § 450-55A and shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector which is the subject of the permit unless the permit affecting the property is terminated under § 450-55E or unless an agreement affecting the property is filed under § 450-55F.
(b)
The applicant shall record with the Register of Deeds of the county in which the property is located the notice under § 450-55A(1) for each property specified under Subsection A(1) and for the property upon which the solar collector is or will be located.
B.
Remedies for impermissible interference. Any person who uses property which he or she owns or permits any other person to use the property in a way which creates an impermissible interference under a permit which has been granted or which is the subject of an application shall be liable to the permit holder or applicant for damages, except as provided under Subsection B(1), for any loss due to the impermissible interference, court costs and reasonable attorneys' fees unless:
C.
Permit holder. A permit holder is entitled to an injunction to require
the trimming of any vegetation, which creates or would create an impermissible
interference as defined. If the court finds on behalf of the permit
holder, the permit holder shall be entitled to a permanent injunction,
damages, court costs and reasonable attorneys' fees.
D.
Appeals. Any person aggrieved by a determination by a municipality
under this section may appeal the determination to the Circuit Court
for a review.
E.
Termination of solar access rights.
(1)
Any right protected by a permit under this section shall terminate
if the Plan Commission determines that the solar collector which is
the subject of the permit is:
(2)
The Plan Commission shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under § 450-55E(1).
(3)
If the Plan Commission terminates a permit, the Plan Commission may charge the permit holder for the cost of recording and record a notice of termination with the register of deeds, who shall record the notice with the notice recorded under § 450-55A(5)(b)or indicate on any notice recorded under § 450-55A(5)(b).that the permit has been terminated.
F.
Waiver. A permit holder by written agreement may waive all or part of any right protected by a permit. A copy of such agreement shall be recorded with the register of deeds, who shall record such copy with the notice recorder under § 450-55A(5)(b).
G.
Preservation of rights. The transfer of title to any property shall
not change the rights and duties under this section.
H.
Construction.
(1)
This section may not be construed to require that an owner obtain
a permit prior to installing a solar collector.
(2)
This section may not be construed to mean that acquisition of a renewable
energy easement under § 700.35, Wis. Stats., is in any way
contingent upon the granting of a permit under this section.
I.
Control of vegetation blocking solar energy systems. The City may
provide for the trimming of vegetation which blocks solar energy from
a collector surface. This chapter includes the designation of solar
collector owner as the person responsible for the cost of removing
the vegetation.
J.
Maintenance. The Building Inspector and his or her representative
shall have the right, at any reasonable time, to enter, in the company
of the owner of his agent, the premises on which a solar energy system
has been constructed to inspect all parts of said solar energy system
installation and require that repairs or alterations be made within
30 days if in his judgment there exists a deficiency in the structural
stability of the system.
A.
LANDSCAPE POND
SWIMMING POOL
TEMPORARY SWIMMING POOL
WADING POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A landscape pond is a body of water or an outdoor structure
containing a body of water used or intended to be used as a landscape
feature not for swimming. The term includes all structural facilities,
appliances and appurtenances, equipment and other items used and intended
to be used for the operation and maintenance of a landscape pond.
A swimming pool is a body of water or an outdoor structure
containing a body of water in a receptacle or other container located
above or below the surface of ground elevation, installed in such
a manner that the pool will remain in place as a fixture throughout
the full year and will be considered as a permanent or semipermanent
structure on the land. A swimming pool is used or intended to be used
for swimming solely by the owner, operator, or lessee thereof and
his family, and by friends invited to use it. The term includes all
structural facilities, appliances and appurtenances, equipment and
other items used and intended to be used for the operation and maintenance
of the swimming pool.
A temporary swimming pool is a body of water or an outdoor
structure containing a body of water in a receptacle or other container
having a depth for water at any point greater than 1 1/2 feet
located above or below the surface of ground elevation, which is constructed
so that it may be readily disassembled for storage and reassembled
to its original integrity. A temporary swimming pool is used or intended
to be used for swimming solely by the owner, operator, or lessee thereof
and his family, and by friends invited to use it. The term includes
all structural facilities, appliances and appurtenances, equipment
and other items used and intended to be used for the operation and
maintenance of the temporary swimming pool.
A wading pool is a storable children's pool which is 1 1/2
feet deep or less and is constructed so that it may be readily disassembled
for storage and reassembled to its original integrity. A wading pool
is used or intended to be used for swimming or wading solely by the
owner, operator, or lessee thereof and his family, and by friends
invited to use it.
B.
Exempt pools. Unless otherwise regulated, wading pools are exempt
from the provisions of this section. Hot tubs located outside a structure
are exempt from the provisions of this section except for the following:
hot tubs cannot be located in a front or street side yard; hot tubs
must be 10 feet from a property line; hot tubs must be covered when
not in use; and all electrical installations, shall be in conformance
with the state laws and City ordinances regulating electrical installations.
C.
Swimming pool construction requirements.
(1)
Permit required. Before work is commenced on the construction or erection of swimming pool or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to Chapter 192, Building Construction, of the City Code, shall accompany such application. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction of a swimming pool as provided for in this subsection , unless the following construction requirements are observed.
(2)
Approved materials. All materials and methods of construction in
the construction, alteration, addition, remodeling or other improvements
and installation shall be in accord with all state regulations and
code and with any and all ordinances of the City now in effect or
hereafter enacted.
(3)
Plumbing. All plumbing work shall be in accordance with all applicable
ordinances of the City and all state codes. Every swimming pool shall
be provided with a suitable draining method, and in no case shall
waters from any pool be drained into the sanitary sewer system, onto
lands of other property owners adjacent to that on which the pool
is located or in the general vicinity. Provisions may be made for
draining the contents of any swimming pool into a storm sewer, but
such installation shall be subject to prior approval by the Public
Works Director.
(4)
Electrical installations. All electrical installations, including
lighting and heating but not limited thereto, which are provided for,
installed and used in conjunction with a private swimming pool, shall
be in conformance with the state laws and City ordinances regulating
electrical installations.
(5)
Setbacks and other requirements.
(a)
No portion of a swimming pool or any pool equipment located
outside a building shall be erected or constructed in any front or
street yard. No swimming pool shall be erected or constructed on an
otherwise vacant lot. A lot shall not be considered vacant if the
owner owns the contiguous lot and said lot is occupied by a principal
building.
(b)
All swimming pools shall be at least 10 feet from any lot line
or building unless designed and approved as an addition to a building.
(6)
Enclosure.
(a)
Fence; in-ground pools.
[1]
All outdoor, in-ground swimming pools shall have a fence or
other solid structure not less than four feet in height completely
enclosing the pool or yard in which the pool is located. The fence
or solid structure shall comply with minimum building codes for deck
railings regarding spacing of spindles or opacity. All gates or doors
opening through the enclosure shall be kept securely closed and locked
at all times when not in actual use and shall be equipped with a self-closing
and self-latching device designed to keep and be capable of keeping
such door or gate securely locked at all times when not in actual
use.
[2]
The barrier described in Subsection C(6)(a)[1] may be omitted if a safety cover is installed. A safety cover covers all of the water surface of the pool and meets ASTM F1346-91 standards for safety covers. The safety cover shall be in place at all times when the pool is not in actual use.
(b)
Aboveground swimming pools; swimming pool wall barrier.
[1]
An approved barrier shall consist of a solid wall or fence that
complies with minimum building codes for deck railings regarding spacing
of spindles or opacity and shall be installed directly above the vertical
water-enclosing wall of the pool. Such barrier shall extend more than
three feet above the top rim of the pool. Such a barrier shall not
be located within six feet of any other wall or fence or other structure
which can be readily climbed by children. Every entrance to a pool,
such as a ladder, must be secured or adequately safeguarded to prevent
unauthorized entry into the pool.
[2]
The barrier installed directly above the water-enclosing wall of the pool described in Subsection C(6)(b)[1] may be omitted in the following instances:
[a]
Where the yard in which the pool is located is
completely enclosed by a minimum four-foot-tall fence or other solid
structure;
[b]
The aboveground swimming pool has a raised deck
around the entire pool perimeter with an attached, minimum of 36 inches
high, fence or solid structure. The fence or solid structure shall
comply with minimum building codes for deck railings regarding spacing
of spindles or opacity; or
[c]
Where the pool has installed a safety cover meeting the specification of Subsection C(6)(a)[2].
D.
Temporary swimming pool construction requirements.
(1)
Permit. No permit is required for temporary swimming pools.
(2)
Approved materials. All materials and methods of construction in
the construction, alteration, addition, remodeling or other improvements
and installation shall be in accord with all state regulations and
code and with any and all ordinances of the City now in effect or
hereafter enacted.
(3)
Plumbing. All plumbing work shall be in accordance with all applicable
ordinances of the City and all state codes. Every temporary swimming
pool shall be provided with a suitable draining method, and in no
case shall waters from any pool be drained into the sanitary sewer
system, onto lands of other property owners adjacent to that on which
the pool is located or in the general vicinity. Provisions may be
made for draining the contents of any temporary swimming pool into
a storm sewer, but such installation shall be subject to prior approval
by the Public Works Director.
(4)
Electrical installations. All electrical installations, including
lighting and heating but not limited thereto, which are provided for,
installed and used in conjunction with a private swimming pool, shall
be in conformance with the state laws and City ordinances regulating
electrical installations.
(5)
Setbacks and other requirements.
(a)
No portion of a temporary swimming pool or any pool equipment
located outside a building shall be erected or constructed in any
front or street yard. No temporary swimming pool shall be erected
or constructed on an otherwise vacant lot. A lot shall not be considered
vacant if the owner owns the contiguous lot and said lot is occupied
by a principal building.
(b)
All temporary swimming pools shall be at least 10 feet from
any lot line.
(6)
Access. Every entrance to a pool, such as a ladder, must be secured
or adequately safeguarded to prevent unauthorized entry into the pool.
E.
Landscape pond construction requirements.
(1)
Permit. No permit is required for landscape ponds.
(2)
Size. No landscape pond shall be deeper than 2 1/2 feet. If
a landscape pond is deeper than 1 1/2 feet it shall have an 18
inches wide ledge around the entire edge inside (in the water) of
the landscape pond that is less than 1 1/2 feet deep. No landscape
pond can have a surface area greater than 225 square feet, unless
the Plan Commission grants a conditional use in accordance with the
standards and procedures applicable to all conditional uses.
(3)
Plumbing. All plumbing work shall be in accordance with all applicable
ordinances of the City and all state codes. Every landscape pond shall
be provided with a suitable draining method, and in no case shall
waters from any landscape pond be drained into the sanitary sewer
system, onto lands of other property owners adjacent to that on which
the landscape pond is located or in the general vicinity. Provisions
may be made for draining the contents of any landscape pond into a
storm sewer, but such installation shall be subject to prior approval
by the Public Works Director.
(4)
Electrical installations. All electrical installations, including
lighting and heating but not limited thereto, which are provided for,
installed and used in conjunction with a landscape pond, shall be
in conformance with the state laws and City ordinances regulating
electrical installations.
(5)
Setbacks and other requirements.
F.
Compliance. All swimming pools existing at the time of passage of
this chapter not satisfactorily fenced shall comply with the fencing
requirements of this section when water is placed in the pool. Variations
in enclosure requirements that do not adversely affect the safety
of the public may be approved.
G.
Filter system required. All swimming pools and temporary swimming
pools within the meaning of this chapter must have, in connection
therewith, some filtration system to assure proper circulation of
the water therein and maintenance of the proper bacterial quality
thereof.
H.
Dirt bottoms prohibited. All swimming pools, temporary swimming pools,
landscape ponds, and wading pools shall be contained by a nondrainable
material such as plastic, concrete, rubber, etc. No sand or dirt bottoms
shall be permitted.
[Amended by Ord. No. 17-11]
A.
Determination. Determinations necessary for administration and enforcement
of performance standards set forth herein range from those which can
be made with satisfactory accuracy by a reasonable person using normal
senses and no mechanical equipment, to those requiring great technical
competence and complex equipment for precise measurement. It is the
intent of this chapter that:
(1)
Where determinations can be made by the Zoning Administrator or Building
Inspector using equipment normally available to the City or obtainable
without extraordinary expense, such determinations shall be so made
before notice of violations is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable
for the City to maintain the personnel or equipment necessary for
making difficult or unusual determinations, procedures shall be available
for causing corrections of apparent violations of performance standards,
for protecting individuals from arbitrary, capricious, and unreasonable
administration and enforcement of performance standard regulations,
and for protecting the general public from unnecessary costs for administration
and enforcement.
(a)
The Zoning Administrator shall give written notice, by certified
mail or other means, ensuring a signed receipt for such notice to
the person or persons responsible for the alleged violations. The
notice shall describe the particulars of the alleged violation and
the reasons why the Zoning Administrator believes there is a violation
in fact, and shall require an answer or correction of the alleged
violation to the satisfaction of the Zoning Administrator.
(b)
The notice shall state, and it is hereby declared, that failure
to reply or to correct the alleged violation to the satisfaction of
the administrative official within the time limit set constitutes
admission of violation of the terms of this chapter. The notice shall
further state that upon request of those to whom it is directed, technical
determination as described in this chapter will be made, and that
if violations as alleged are found, costs of such determinations shall
be charged against those responsible for the violation, in addition
to such other penalties as may be appropriate, but that if it is determined
that no violation exists, the cost of the determination will be paid
by the City.
