The regulations set forth herein shall supplement or modify the regulations set forth in Article V, Schedule of District Regulations.
[Amended 8-7-2001]
The front yard (setback) requirements enumerated in Article V are applicable to local streets and highways. The front yard (setback) requirement for federal, state and county highways is 55 feet with no sound barrier installed along the right-of-way. The sound barrier shall be approved and installed by a governing agency. If a sound barrier is installed along the right-of-way, the setback requirements of the districts identified in Article V are applicable.
A. 
More than one building on a lot. In any district, more than one building housing a principal use may be erected on a single lot, provided that yard and other requirements of these regulations shall be met for each building as though it were on an individual lot, unless otherwise specified in Articles V and VII for planned commercial or residential developments.
B. 
Through lots and corner lots. On through lots or lots with double frontage, the required front yard shall be provided on each street. On corner lots the street side yard shall equal the required front yard for lots fronting on that street.
C. 
Development in mapped streets. Where an official line has been established for the future widening or opening of a street, the depth of a front yard or the width of a side yard shall be measured from such official line to the nearest line of the building.
D. 
Access. Every building housing a principal use hereafter erected or moved shall be on a lot with access to a public street, and all such buildings shall be so located as to provide safe and convenient access for servicing and off-street parking, unless otherwise specified in Articles V and VII.
E. 
Building groups. In any nonresidential district, a group or buildings separated only by common or party walls shall be considered as one building.
F. 
Yard encroachments. Every part of every required front and side yard shall be open and unobstructed by structures from 30 inches above the general ground level of the graded lot upward to the sky except as hereinafter provided or as otherwise permitted in these regulations:
(1) 
Roof eaves may project into a required side yard not more than three feet where the required side yard is eight feet or more in width. Roof eaves may project into a required side yard not more than two feet where the required side yard is less than eight feet.
(2) 
Sills, belt courses, cornices, vertical solar screens and other ornamental features may project not over one foot into a required yard.
(3) 
Fire escapes, stairways and balconies, whether unroofed, open and unenclosed or enclosed, shall not intrude into required yards.
(4) 
Solar collectors which are part of the principal building may extend into a required rear yard for a distance not to exceed 10 feet, and solar collectors may extend into a required side yard, provided that they have a minimum seven-foot clearance from grade and provided further that such extension shall be at least five feet distant from the adjacent lot line and shall not extend more than three feet from the building.
G. 
Street widening. When a structure becomes nonconforming as to setback from a street or highway because the street or highway was widened or relocated, such structure shall not be considered a nonconforming structure under this section. However, no such structure shall thereafter be added to or rebuilt in such a manner that it will be closer to the right-of-way of the street or highway.
[Amended 12-20-2011 by Ord. No. 2011-30]
[Amended 8-21-2001]
A. 
Number of accessory buildings. A detached garage and one additional accessory building may be placed on a lot. An attached garage shall be considered part of the principal building. No accessory building shall be built on a lot without a principal building.
B. 
Location of detached accessory buildings. No detached accessory building shall occupy any portion of the front yard or be located within 10 feet of any principal building.
C. 
Size of accessory buildings.
(1) 
No detached garage shall exceed 36 feet by 24 feet (864 square feet) when located on a lot with a second accessory building. No second accessory building shall exceed 10 feet by 20 feet (200 square feet). No accessory building shall exceed 16 feet or the height of the highway noise barrier, whichever is less, unless granted a special exception.
[Amended 6-20-2023 by Ord. No. 2023-08]
(2) 
Additionally, no detached accessory building shall exceed 1,000 square feet or 30% of the rear yard, whichever is less, unless granted a special exception.
[Amended 4-7-2011 by Ord. No. 2011-09]
D. 
Accessory structures. Notwithstanding fences, residential driveways and parking lots, no accessory structure shall be located within 10 feet of a principal building or three feet of any lot line.
(1) 
Exception. Decks and patios are permitted within 10 feet of a principal building, provided that they are six feet from any lot line.
The height limitations in Article V, Schedule of District Regulations, do not apply to belfries, cupolas, antennas, water tanks, elevator bulkheads, chimneys, spires, flagpoles or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
A. 
Traffic visibility.
[Amended 3-5-2013 by Ord. No. 2013-08]
(1) 
No obstruction permitted within vision triangle area. No visual obstructions, such as but not limited to structures, parking, fencing or vegetation, shall be permitted in any district between the heights of 2 1/2 feet and 10 feet above the plane through the mean edge of pavement elevation within the limits of a triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 25 feet from their intersection. See the illustration.
 535-47_Illustration.tif
(2) 
Vision triangle distances for intersections with arterial and/or collector streets. In the case of arterial and/or collector streets intersecting with other arterial and/or collector streets or minor streets, the vision triangle distance on the arterial/collector street shall be as required by § 475-21B(5)(d).
B. 
Highway access. No direct private access shall be permitted to the existing or proposed rights-of-way of expressways or to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.
C. 
Additional transportation modes. The Town may require additional access points and improvements, including but not limited to bike and pedestrian paths, sidewalks, transit stops and railroad spurs.
D. 
Land dedication. The Town may require the applicant to dedicate land to be used as right-of-way, access or utility as identified in the Town Comprehensive Plan as a condition of site plan approval.
[Amended 8-4-2022 by Ord. No. 2022-13]
A. 
All new driveways and alteration to existing surfaces shall meet the following requirements. Alteration to existing surfaces is considered altered either by adding asphalt or concrete or by removing existing asphalt or concrete and exposing the gravel course base and then repaving such area; the regulations and standards set forth in Chapters 468 and 535 shall be met.
(1) 
Islands. Islands between driveway openings shall be provided with a minimum of 50 feet between all driveways and five feet from all lot lines (as measured from the back of curb).
(2) 
Openings shall be in accordance with § 468-1.
(3) 
Vehicular entrances and exits. Commercial and industrial vehicular entrances and exits shall not be less than 200 feet from any adjoining residential district. A vehicular entrance or exit shall not be less than 50 feet from a street intersection or 100 feet from a collector street intersection, and from an arterial intersection it shall be not less than 150 feet.
(4) 
Vehicular entrances shall be in accordance with § 468-1.
B. 
Private roadways.
(1) 
Cul-de-sac driveways or approved private roadways shall have a turnaround area with a diameter of not less than 90 feet.
(2) 
All driveways or roadways within a project shall have curbing to define their limits.
(3) 
When roadways exit to adjacent property rather than directly to a public street, permanent cross-easement agreements shall be recorded which adequately guarantee that such exit may not be closed and that such roadways will not become a future liability for the Town.
(4) 
When more than one building is located on a parcel, no building may be more than 200 feet from a dedicated public street or approved twenty-four-foot-wide private roadway, and driveway access to the building must be at least 24 feet wide.
[Amended 4-7-2011 by Ord. No. 2011-09; 6-21-2011 by Ord. No. 2011-19]
A. 
Intent and purpose. The purpose of this section is to promote the general safety and welfare of the public by establishing minimum regulations and standards for off-street parking according to the use of the property and by requiring that parking areas be designed and constructed in a manner that ensures visibility, accessibility and safety.
B. 
Applicability. Off-street parking regulations described herein shall be applied to all developments and uses hereafter established or altered. Whenever existing parking surfaces are altered either by adding asphalt or concrete to a gravel lot or parking space or by removing existing asphalt or concrete from a parking lot or parking space and exposing the gravel course base and then repaving such area, the regulations and standards set forth in this section shall be met, based on the zoning classification of property.
[Amended 12-20-2011 by Ord. No. 2011-30; 12-1-2020 by Ord. No. 2020-07; 8-4-2022 by Ord. No. 2022-13]
(1) 
Residential property. At property zoned and used as RSF, RTF, or R-2, or a property zoned AGD that is used for a single-family detached residence unrelated to farm operations, the following regulations shall be met:
(a) 
All automobiles, motorized commercial vehicles, or recreational/utility vehicles parked or stored outside in the front or side yard of a property must be on a surface that is contiguous with the existing driveway for the property. Side yard setbacks for driveways and parking areas are a minimum of three feet at the property line. Permitted surfaces for additional parking/storage areas include gravel, asphalt, concrete, brick pavers, and pervious brick pavers or pervious pavement. All organic material must be removed and industry/manufacturer standards followed during the installation of additional parking/storage areas. Parking or storing automobiles, motorized commercial vehicles, or recreational/utility vehicles on grass or bare soil surfaces is prohibited. A maximum of four vehicles may be parked or stored in the front yard, of which only one may be a recreational/utility vehicle.
(b) 
All automobiles, motorized commercial vehicles, or recreational/utility vehicles parked or stored outside in the rear yard of a property must follow the requirements for additional parking/storage areas outlined in Subsection B(1)(a) above.
(c) 
No commercial vehicle with an actual weight in excess of 8,000 pounds, or over 20 feet in length, or having a height of more than eight feet, shall be parked or stored, except when rendering a service at the property on which it is parked. A commercial vehicle parked or stored in the front yard counts toward the maximum limit of four vehicles being allowed.
(d) 
No person may offer any motor vehicles for sale on a recurrent basis in any residential district.
(2) 
Multifamily, commercial, industrial, or institutional property. At property zoned and used as R-3, R-4, R-5, RMF, C-1, C-2, CL, CR, CP, IND, or PDD, the following regulations shall be met:
(a) 
Changes in buildings or use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 25% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50% or more in the floor area, said building or use shall then comply with the parking requirements set forth in the district in which it is located.
(b) 
Design standards. All off-street parking development or expansion/alteration of existing parking lots or parking spaces, in accordance with Subsection B(2)(b), shall be subject to the following site plan design standards:
[1] 
Each required off-street parking space shall have a stall width of at least nine feet and a stall length of at least 18 feet.
[2] 
Minimum width of aisles providing access to parking spaces for one-way traffic shall be 11 feet for thirty-degree parking and 20 feet for ninety-degree parking.
[3] 
Minimum width of aisles providing access to parking spaces for two-way traffic shall be 24 feet.
[4] 
No parking area shall be designed so as to require any vehicle to back into a public street.
[5] 
All open, off-street loading and parking spaces shall be improved with either asphalt or concrete pavement and stormwater drainage facilities, as approved by the Town.
[6] 
Concrete curb and gutter shall be installed surrounding all new driveways, parking lots and landscape islands. This provision may be waived by the Plan Commission for additions to existing structures located in areas without a predominance of curb and gutter, when curb and gutter is not installed on the adjacent street right-of-way or is not anticipated to be constructed on the street right-of-way in a reasonable period of time in the future.
[7] 
Required concrete curb and gutter for off-street parking areas shall be installed a minimum of five feet from a property line (as measured from the back of curb) so as to prevent parked vehicles from extending over any lot lines.
[8] 
Setbacks for driveways and parking areas from adjoining property lines shall conform to the standards as set forth in § 535-52 and § 468-1.
[9] 
Off-street parking spaces shall be marked by painted lines or other approved material and shall be maintained so as to be legible at all times.
[10] 
Stormwater management drainage plans shall provide for water to be collected and retained on the site, with controlled discharge into the public drainage system to minimize flooding.
(c) 
Mixed uses. In the case of mixed uses on the same property, the number of parking spaces required shall equal the sum of the spaces if computed separately for each use.
(d) 
Joint use. Two or more uses on the same property may provide parking spaces in an amount less than the sum of the spaces required for each separate use, provided that such uses are not operated during the same hours. A written agreement shall accompany any joint use arrangement.
(e) 
Off-lot parking. Required off-street parking spaces shall be developed on the same lot on which the principal use is located or on a contiguous lot. Parking within 300 feet from the principal use or building may be approved by the Director of Community Development upon receiving written documentation that confirms the off-lot parking property is held in common ownership with the lot containing the principal use or building or that the right to use the off-lot parking property is granted through a written lease or parking easement.
C. 
Required parking spaces for specific uses. The table that follows identifies the minimum number of parking spaces to be provided for the uses listed. In no case shall the minimum number of spaces be fewer than four, regardless of use, with the exception of property zoned and used as RSF, RTF, or R-2, or a property zoned AGD that is used for a single-family detached residence unrelated to farm operations. Unless otherwise indicated, the minimum number of spaces for each use is the number needed per 1,000 square feet of floor area.
Use Type
Spaces Required
Automobile service station
1 per employee plus 2 per service stall
Bank
5
Barbershop
1 per chair plus 1 per employee
Boardinghouse
2 plus 1 per 3 persons for whom accommodations are provided
Bowling alley
6
Bus depot
5
Business/professional office
4
Church/synagogue
1 per 4 to 5 seats
Clothing store
5
Community living arrangement/group home
1 per employee plus 1 per 3 licensed beds
Department store/supermarket
5
Drugstore
4
Food store
5
Funeral home/mortuary
10 per chapel plus 1 per vehicle kept on premises, whichever is greater
Furniture/appliance store; furniture/appliance repair
1 per 600 square feet floor area
Government office
3
Hospital
1 per 2 beds plus 1 per 4 employees plus 1 per 2 doctors on staff
Hotel
1 per room or suite
Library; museum
4
Manufacturing, fabricating, general industrial and processing
2 per 3 employees
Medical/dental clinic
5
Motel
1 per unit
Motor vehicle sales
2
Private club/lodge
1 per 16 square feet of assembly area or 1 per 2.5 seats
Public utility/service
1 per 3 employees plus additional spaces as determined by the Community Development Director
Recreational/community center
30% of capacity
Residential single-family
1; maximum 4 in front yard
Residential two-family
1.5 per dwelling unit; maximum 4 in front yard
Residential multifamily
1.5 per dwelling unit
Restaurant, carry-out only
10-vehicle stacking lane plus 1 per employee
Restaurant, sit down
10
Retail sales (cameras, liquor, jewelry, gifts, cigars) and personal services
Minimum of 5 total
School
1 per faculty or full-time employee plus additional as determined by the Community Development Director
Tavern/nightclub or recreation/amusement establishment
10
Theater (indoor)
1 per 4 seats
Warehouse/storage freight terminal
1 per 10,000 square feet floor area or 1 per employee, whichever is greater
D. 
Determination of required spaces. In computing the number of parking spaces required by this section, the following shall apply:
(1) 
Where floor area is designated as the standard for determining parking space requirements, floor area shall be the sum of the gross leasable horizontal area inside exterior walls of all floors of a nonresidential building.
(2) 
Where seating capacity is designated as the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated for, or for each 24 linear inches of seating facilities.
(3) 
Where the number of employees is designated as the standard for determining parking space requirements, the number of employees on the largest shift shall be used for calculation purposes.
(4) 
Fractional numbers shall be increased to the next highest whole number.
(5) 
Parking space requirements for a use not specified in Subsection C shall be determined by using the most similar and restrictive parking space requirement, based on the intended use, the location of the use, and the expected patronage/use by individuals operating motor vehicles.
Off-street loading spaces accessory to designated uses shall be provided as follows:
A. 
Location. All required loading spaces shall be located on the same lot as the use served. No permitted or required loading space shall be located within 40 feet of the nearest point of intersection of any two streets. All loading spaces shall be screened as set forth in § 535-52 of this chapter.
[Amended 4-7-2011 by Ord. No. 2011-09]
B. 
Access. Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. Loading spaces on lots located adjacent to public ways shall be so situated as to enable the vehicles to back into the loading dock from areas other than public ways. The blocking of loading spaces by other loading spaces or permanent or moveable structures of any type, including trash receptacles or compactors, shall be prohibited.
C. 
Surfacing. All open off-street loading spaces shall be improved with pavement and stormwater drainage facilities.
D. 
Computation. Where the total floor area of the use being served is less than 2,000 square feet, the required off-street loading spaces may be used to satisfy the requirements for any off-street parking spaces. Employee parking maneuver areas may also be used for access to loading docks and as truck standing areas.
E. 
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residential or nonresidential zoning districts.
F. 
Maneuvering space required to service outdoor loading areas. Adequate off-street truck maneuvering area shall be provided on site and not within any public street right-of-way or other public lands.
G. 
Interference with fire exit or emergency access prohibited. Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or site.
H. 
Loading space requirements. The loading space requirements specified in the following table shall apply to all districts:
Use
Floor Area
(square feet)
Loading Spaces
Retail, wholesale, warehouse, service, manufacturing, and industrial establishments
2,000 to 10,000
10,000 to 20,000
20,000 to 40,000
40,000 to 60,000
Each additional 50,000
1
2
3
4
1
Hotels, offices, hospitals, and places of public assembly
5,000 to 10,000
10,000 to 50,000
50,000 to 100,000
Each additional 25,000
1
2
3
1
Funeral homes
2,500 to 4,000
4,000 to 6,000
Each additional 10,000
1
2
1
I. 
Multiple or mixed uses. Where a building is devoted to more than one use or for different uses, and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.[1]
[1]
Editor's Note: Original § 27.06(9)(j), Location, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection A(1), Location.
J. 
Design standards. Each off-street loading space shall have a width of at least 12 feet, a length of at least 45 feet, and a vertical clearance of at least 14 feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to 10 feet in width, 25 feet in length, and eight feet in vertical clearance. Every loading space shall be sufficiently screened in the form of a solid fence or shrubbery to protect any neighboring residence.
A. 
Nature. Common open space shall not include street rights-of-way, driveways, parking areas or yards required in connection with any building.
B. 
Buildings and structures. Common open space areas may contain complementary buildings and structures appropriate for the recreational use and enjoyment of the residents of the development for which it was established.
C. 
Reservation. When common open space or any portion thereof is to be reserved for the exclusive use and enjoyment of the residents of the development from which it was established, the developer shall establish conditions as to the ownership, maintenance, and use of such areas as deemed necessary to assure preservation of its intended purposes. Land designated as common open space shall be restricted by appropriate legal instrument as open space perpetually or for a period of not less than 99 years. Such instrument shall be binding upon the developer, his successors and assigns and shall constitute a covenant running with the land and be recorded as a condition of approval.
D. 
Maintenance. In the event that common open space is improperly maintained, the Town department may serve written notice upon any property owner or association setting forth the manner in which such property owner or association has failed to maintain the common open space and demand maintenance deficiencies to be corrected in 30 days. If the deficiencies as originally set forth or subsequently modified are not corrected within 30 days, the Town may enter upon such common open space and correct maintenance deficiencies. The cost of such maintenance shall be assessed ratably against the properties within the development that have the right to use the area and shall become a tax lien on said properties. The Town shall file notice of any liens in the office of the Town Clerk.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 4-7-2011 by Ord. No. 2011-09]
A. 
Intent and purpose. The purpose of this section is to:
(1) 
Enhance the appearance of the Town by improving the quality of landscaping and screening at commercial, industrial and institutional uses.
(2) 
Establish standards to ensure that building sites and off-street parking areas are sufficiently landscaped and screened to minimize or eliminate adverse impacts of noise, glare of headlights, dust, litter, visual encroachment and other objectionable impacts to adjoining properties or public roads.
B. 
Applicability. Landscape standards shall apply to any developments allowed as a permitted use or as a special exception use in the R-3, R-4, R-5, and RMF Residential Districts; the C-1, C-2, CL, CR, and CP Commercial Districts; the IND Industrial District; and the PDD Planned Development District. Additionally, the standards shall apply to any commercial and institutional developments allowed as a permitted use or as a special exception use in the AGD Agricultural District and RSF, RTF, and R-2 Residential Districts. Any developments occurring on vacant land shall be brought into full compliance with these standards. Before an existing vacant development can be occupied, these standards must be met, to the extent that all other standards and requirements of this chapter can be maintained on the site.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Exceptions and modifications. Existing occupied developments that do not conform to these standards are not required to come into compliance until such time that any of the following occur:
(1) 
Any change is made to the development or use of the property that requires approval of a site plan, special exception permit, or zoning change by the Plan Commission, necessitating compliance with the frontage landscaping requirements;
(2) 
The gross floor area of the building at the development is increased by more than 10% or 5,000 square feet, whichever is less, necessitating compliance with the frontage landscaping standards and, to the extent applicable, the buffer yard landscaping and screening requirements; or
(3) 
Driving, parking or loading spaces at the development are increased, necessitating compliance with the frontage landscaping, perimeter landscaping, interior landscaping, buffer yard landscaping and screening requirements, as applicable, to the area where such impervious surface is increased.
D. 
Approval procedure. A landscape plan is required in conjunction with site plans and as required for any development or use of property as specified in Subsection B, Applicability, of this section. The landscape plan shall be filed with the Community Development Department. A building permit may only be issued after approval of the landscape plan. For developments or uses of property that do not require Plan Commission approval, the Community Development Department will complete the review and approval of the landscape plan. In the event of an unresolved dispute or in the case of an applicant feeling aggrieved by a decision to disapprove a landscape plan, said plan shall be forwarded to the Plan Commission for final action.
E. 
Landscape plan requirements. Landscape plans submitted for review and approval shall include the name and address of the owner/developer, the name of the landscape architect/designer, date of plan preparation, date and description of all plan revisions, name of the project or development scale of the plan, and North marker. Additionally, the plan shall depict the following:
(1) 
The location of all lot lines and location of all existing and proposed easements and rights-of-way.
(2) 
The location and dimensions of all existing and proposed structures; building entrances; parking lots, parking spaces (numbered) and driveways; sidewalks, trails and paths; ground-mounted signs; fences; refusal disposal areas; freestanding electrical and other utility equipment; recreational facilities; and other site improvements as deemed necessary by the Community Development Director.
(3) 
The location, quantity, caliper size, and name (common and botanical name) of all proposed plant materials and the location and description of all ground cover and turf grasses.
(4) 
The location, caliper size, and type of existing plant materials and the intended treatment (save, move, or remove).
(5) 
Existing and proposed grading of the site, including the location and contours at one-foot intervals of proposed berms; spot elevations for high and low points; the flow line of drainage swales and grading features such as retaining walls; and cross-section detail as determined to be necessary by the Community Development Director.
(6) 
Elevations, including dimensions and materials, of all fences and refuse storage areas proposed for construction on the site.
(7) 
A schedule of all new plant materials, including size (caliper, height, container size, etc.), planned installation date, and common and botanical names.
(8) 
A schedule itemizing the total square foot area of impervious surface area in parking lots, the number and square foot area of each planting island and planting peninsula, and the number of trees to be planted in parking lots or within 10 feet of the periphery of parking lots.
F. 
Landscape standards. Landscaping required under this section shall consist of five types as specified below, including frontage landscaping, perimeter landscaping, interior landscaping, buffer yard landscaping, and screening requirements.
(1) 
Frontage landscaping. A minimum ten-foot-wide strip, extending along and directly behind the property line adjacent to all road right-of-way, shall be landscaped as described below. In designing and installing frontage landscaping, consideration should be given to providing safe and convenient pedestrian access to the property from the road-right-of-way.
(a) 
Where off-street parking spaces are located between the frontage landscaping strip and any buildings or structures on the site, one shade tree or two ornamental trees shall be planted per 40 linear feet on center, plus a staggered row of evergreen and/or deciduous shrubs shall be planted to provide an opaque screen to a height of three feet across 80% of the frontage of the parking lot, excluding driveways.
(b) 
Where there are no off-street parking spaces between the frontage landscaping strip and any buildings or structures on the site, one shade tree or two ornamental trees shall be planted per 40 linear feet on center, excluding driveways.
(c) 
Where it is deemed appropriate or desirable to construct an earthen berm in the frontage landscaping strip in lieu of a staggered row of evergreen and/or deciduous shrubs, the Plan Commission may approve this option. The maximum side slope of any berm shall be three horizontal to one vertical. The berm shall be planted with one ornamental tree and three evergreen or deciduous shrubs per 40 linear feet on center, excluding driveways, and it shall also be planted with adequate ground cover to prevent erosion of the earth mound.
(2) 
Perimeter landscaping. All parking lots that are adjacent to a side and/or rear property line shall provide a minimum five-foot-wide perimeter landscape strip, extending along and directly behind the property line. The perimeter landscape strip shall be planted with one shade tree or two ornamental trees per 40 linear feet on center. Trees can be provided in cooperation with adjacent property, as deemed appropriate.
(a) 
The requirement to provide a perimeter landscaping strip may be waived if a cross-access easement agreement between adjoining property owners is recorded and provided to the Community Development Director for review and approval.
(b) 
In those cases where a perimeter landscaping strip and a buffer yard landscaping strip are required along the same property line, the more restrictive buffer yard landscaping requirements shall be met.
(3) 
Interior landscaping. All parking lots designed for more than 20 spaces shall be landscaped as described below. On smaller parking lots with fewer than 20 spaces, interior landscaping shall be provided as deemed practicable and appropriate by the Community Development Director. In designing and installing interior landscaping, consideration should be given to including these green areas in the site drainage plan, to the extent practicable.
(a) 
Not less than 5% of the impervious surface area of the parking lot shall be devoted to interior landscaping, to be provided within planting islands, planting peninsulas, landscaped boulevards, or within 10 feet of the periphery of the parking lot.
(b) 
The primary plant material for interior landscaping shall be shade trees, with at least one shade tree planted for every 160 square feet of interior landscaping required.
(c) 
Planting islands and planting peninsulas shall be a minimum of 160 square feet in area and shall be dispersed throughout the parking lot, as deemed practicable and appropriate by the Community Development Director.
(d) 
One shade tree shall be planted in each parking island and parking peninsula.
(4) 
Buffer yard landscaping. Wherever a commercial, industrial, farm-related commercial, institutional, multiple-family residential or attached single-family residential use shares a common side yard or rear yard lot line with a property zoned RSF, RTF, or R-2, or a property zoned AGD that is used for a single-family detached residence unrelated to farm operations, a buffer yard landscaping strip shall be provided along the full length of the common lot line. Required buffer yards shall be landscaped as described below.
(a) 
Buffer yards required for development on properties zoned CL, CR, CP, IND, or PDD shall be a minimum 15 feet wide and shall be planted with minimum five-foot-high evergreen trees staggered to provide a dense, opaque screen within two years after the date of planting.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Buffer yards required for development on properties zoned R-3, R-4, R-5, RMF, C-1, or C-2, or for commercial, farm-related commercial, or institutional uses on properties zoned AGD, RSF, RTF, or R-2, shall be a minimum 10 feet wide and shall be planted with minimum five-foot-high evergreen trees staggered to provide a dense, opaque screen within two years after the date of planting.
(c) 
As an alternative to these requirements, a property owner may request a waiver from the Plan Commission to reduce the minimum width of the buffer yard by 50% and to provide a six-foot-high, sight-tight, alternating board-on-board fence and to plant five shrubs per 100 linear feet on center.
(5) 
Screening requirements. The intent of these requirements is to provide a visual screen around loading, service, mechanical, utility, storage, maintenance and refuse collection areas contained within properties developed for commercial, industrial, institutional, multiple-family residential, or attached single-family residential use. All such uses of property shall be screened as described below.
(a) 
All loading areas that consist of two or more loading spaces, loading docks, vehicular lanes providing access to the same, and other service, storage, and maintenance areas shall be screened from view to all adjacent properties and from all adjacent public road right-of-way. The screening shall consist of a six-foot-high, sight-tight, alternating board-on-board fence or masonry wall designed and built to complement the exterior of the principal structure.
(b) 
In addition to the screening requirements described in this subsection, any loading area that is located in a side and/or rear yard adjacent to a property zoned for residential use, or a property zoned AGD that is used for a single-family detached residence unrelated to farm operations, shall also be screened with minimum five-foot-high evergreen trees staggered to provide a dense, opaque screen over a minimum 30% of the enclosed loading area's perimeter.
(c) 
All exterior storage of refuse and trash shall be located and oriented to be screened from view to all adjacent properties and from all adjacent road right-of-way. The screening shall consist of a six-foot-high, sight-tight, alternating board-on-board fence or masonry wall designed and built to complement the exterior of the principal structure. Additionally, minimum five-foot-high evergreen trees shall be planted in a staggered pattern to provide a dense, opaque screen over a minimum 30% of the refuse enclosure's perimeter.
G. 
Planting specifications. Plant materials provided in conformance with the requirements of this section shall be equal to or better in quality than the standards of the American Association of Nurserymen. The minimum size of plant materials that will satisfy the requirements of this section are as follows:
(1) 
Shade tree: 2 1/2 inches in caliper, specimen grade with single central leader.
(2) 
Ornamental tree: 1 1/2 inches in caliper.
(3) 
Evergreen tree: five feet in height.
(4) 
Deciduous or evergreen shrub: 18 inches to 24 inches in height or spread.
H. 
Planting substitutions and modifications. To meet unique site conditions or to overcome obstructions or conflicts at a development project, the Community Development Director may approve planting substitutions as described below.
(1) 
Two ornamental trees may be substituted in place of one shade tree.
(2) 
Two evergreen trees may be substituted in place of one shade tree.
(3) 
One evergreen tree may be substituted in place of five shrubs.
(4) 
One shade tree may be substituted in place of 10 shrubs.
I. 
Installation/certification. All landscaping, buffering and screening improvements required under this section must be completed on a schedule approved by the Community Development Department. Within 30 days of the installation of plant materials, the owner/developer shall submit written certification to the Community Development Department that healthy plant materials were properly installed in accordance with the approved landscape plan.
J. 
Maintenance. The owner of the lot on which landscaping has been provided shall be responsible for protecting, maintaining, and repairing all landscaping materials and barriers, including fences and refuse storage areas, to accepted nursery practices. Under the provisions of this section, proper maintenance includes keeping all live plant materials in a healthy and growing condition (including but not limited to regularly scheduled watering, fertilizing, pruning, weeding, and mowing) and keeping all landscaped areas free from debris, weeds, and refuse. All dead or diseased plant materials shall be removed and replaced during the next appropriate planting period. Once a landscaped planting area has been approved by the Town of Grand Chute and established by the owner, it may not be used, altered, or disturbed for any other purpose without review and approval of a new or amended landscape plan. Failure to properly maintain all landscaping materials and barriers, as defined herein, shall constitute a violation of the provisions of this section and shall be subject to penalty provisions of the Town of Grand Chute Municipal Code.
[Amended 10-5-2010 by Ord. No. 2010-11; 2-17-2011 by Ord. No. 2011-08]
A. 
Definition. For the purposes of this section, "fence" is herein defined as any partition, wall, structure or gate consisting of vegetation, wood, stone, plastic, or metal that is erected as a barrier, enclosure or divider marker. For the purposes of this section, the term "fence" shall be construed to include plantings such as hedges.
B. 
Permit required. No fence shall be built, enlarged, altered or replaced within the Town unless a permit therefor is first obtained from the Building Inspector.
C. 
Fence height.
(1) 
Any fence placed in the rear or side yard of a property shall not be more than six feet in height, measured at ground level of the yard, except that hedges may be permitted to grow to their natural height.
(2) 
Any fence placed in the actual front yard of the property or in the first 25 feet from the street right-of-way, whichever is less, shall not exceed 42 inches in height, measured at ground level of the yard. On lots with double frontage, fences shall conform to the front yard requirements for both streets, except where one street is officially designated "No Access" or "Restricted Access."
(3) 
Fences and hedges shall comply with vision corner regulations as defined in § 535-47A.
D. 
Materials.
(1) 
The finished side of the fence shall be erected to face the adjoining property. The side of the fence with protruding support posts or studs shall face the building on the lot responsible for the erection of the fence.
(2) 
Barbed wire fences, electrical fences, and single-, double- and triple-strand fences are prohibited, unless specifically permitted by this section.
E. 
Exceptions. Protective security fences and boundary fences on industrial sites, publicly owned lands, or semiprivate lands such as places of worship, educational institutions, utility substations, etc., are excluded from the provisions of this section, except that where such fences incorporate the use of barbed wire, such barbed wire shall not be less than seven feet above the ground level and shall not extend over any roadway, sidewalk/trail, or adjoining property. In addition, such fences otherwise excluded from the provisions of this section shall be a minimum 2/3 open to vision, equally distributed throughout the fence length, and shall maintain the height restrictions of this section when located within the defined vision corner.
[Amended 2-22-2001; 11-16-2004]
A. 
General. At the time any exterior light is installed or substantially modified, an exterior lighting plan shall be submitted to the Town in order to determine whether the requirements of this section have been met and that adjoining property will not be adversely impacted by the proposed lighting.
B. 
Lighting plan elements. A lighting plan submitted pursuant to this section shall have, at a minimum, the following elements:
(1) 
A catalog page, cut sheet, or photograph of the luminaire, including the mounting method.
(2) 
A photometric data test report of the proposed luminaire graphically showing the lighting distribution at all angles vertically and horizontally around the luminaire.
(3) 
A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting and/or installation height in feet, the overall illumination levels (in footcandles) and uniformity on the site and the illumination levels (in footcandles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels.
(4) 
A graphic depiction of the luminaire lamp (or bulb) concealment and light cutoff angles.
C. 
Requirements for total-cutoff-type luminaire. A total-cutoff-type luminaire shall be used so that the bare light bulb, lamp or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground at the property line.
[Amended 6-21-2011 by Ord. No. 2011-18]
No person shall store in the open more than three full cords of firewood in any residential district. No firewood shall be stored in any residential front yard or closer than two feet to any residential lot line.