Town of Cedarburg, WI Article II General Provisions

§ 320-8 Jurisdiction and general requirements.

A. Jurisdiction. Except as otherwise provided in the Zoning Code, the jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Town of Cedarburg. Unless specifically exempted by this chapter or by state statute, all state, county, city, villages, towns, or other municipal lands, structures or facilities shall comply with this chapter and obtain all of its necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when § 30.2022, Wis. Stats., applies. Town lands, Town structures, and Town facilities are exempt from complying with this chapter.

[Amended 10-6-2010 by Ord. No. 2010-16]

B. Compliance. Except as otherwise provided in this chapter, no new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

[Amended 10-6-2010 by Ord. No. 2010-16]

C. District regulations to be complied with. Except as otherwise provided in this chapter, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located. The use of Town land, Town structures, and Town facilities, including, but not limited to, fire and police stations, community centers, libraries, public emergency shelters, public works, parks, playgrounds, recreational, and utility facilities, are permitted uses as a principal use in any district.

[Amended 10-6-2010 by Ord. No. 2010-16]

D. Yard reduction or joint use. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use unless otherwise approved by the Town Board.[1]

[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]

[1] Editor's Note: Original § 10-1-10(e), One main building per lot, which immediately followed this subsection, was deleted 10-4-2006 by Ord. No. 2006-11. See § 320-10B.

E. Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

§ 320-9 Use regulations.

Only the following uses and their essential services may be allowed in any district:

A. Permitted uses. Permitted uses, being the principal uses specified for a district.

B. Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.

C. Conditional uses.

(1) Classes of conditional uses. Conditional uses may be denominated either "regular" or "limited."

(2) General conditional use provisions. Provisions applicable to conditional uses generally:

(a) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Town Board in accordance with Article V of this chapter, excepting those existent at time of adoption of the Zoning Code.

(b) Those existing uses which are classified as conditional uses for the district(s) in which they are located at the time of adoption of the Zoning Code require no action by the Town Board for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.

(c) Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Town Board in accordance with Article V of this chapter.

(d) A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case, the reestablishment of any previous conditional use(s) or establishment of a new conditional use shall require review, public hearing and approval by the Town Board in accordance with Article V of this chapter.

(e) Provisions in this chapter relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provisions would then control), be deemed to be applicable to both regular and limited conditional uses.

(f) Alteration or modification of any condition of an existing permit may be allowed only in accordance with the requirements in Article V of the Zoning Code.

[Added 10-4-2006 by Ord. No. 2006-11]

(3) Regular conditional use provisions. Provisions applicable specifically to regular conditional uses:

(a) Regular conditional uses, either allowed by action of the Town Board or existent at time of adoption of the Zoning Code, unless the permit specifically provides otherwise, shall not lapse and shall survive vacancies and/or change of ownership or operator of the property to which the conditional use pertains. However, in order for such change of ownership or operator of a regular conditional use permit to be valid it shall require the permit to be transferred to a new owner or operator upon submittal to the Town Board of a certification in writing by the new permit holder that all conditions of the permit will be complied with. The transfer is not valid until accepted by the Town Board that all conditions of the permit will be complied with by the new permit holder.

[Amended 10-4-2006 by Ord. No. 2006-11]

(b) See Subsection C(2)(b) above as to conditional uses existent at time of adoption of this Zoning Code being deemed to be regular conditional uses.

[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]

(4) Specific limited conditional use provisions. Provisions applicable specifically to limited conditional uses:

(a) Limited conditional uses authorized by Town Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

(b) Limited conditional uses authorized by the Town Board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Board approval and the procedures required in Article V of this chapter.

D. Uses not specified in Zoning Code. Uses not specified in this Zoning Code which are found by the Town Board, following recommendation from the Plan Commission, to be sufficiently similar to specified principal or conditional uses for a district may be allowed by the Town Board.

[Amended 10-4-2006 by Ord. No. 2006-11]

E. Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Board of Appeals after the Town Plan Commission has made a review and recommendation.

§ 320-10 Site regulations. [1]

A. Street frontage. All lots shall abut upon a public street and meet the frontage requirements of the zoning district in which they are located, or have other officially approved means of access as provided in § 279-6D, and each lot shall comply with the design standards in Chapter 184, Land Division, of this Code. Where lots abut a county or state highway or arterial road, greater front yard setbacks shall be encouraged.

[Amended 9-5-2007 by Ord. No. 2007-10; 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]

B. Principal structures. All principal structures shall be located on one lot. Only one principal structure shall be located, erected or moved onto a lot, except that in the A-1, A-2, B-1, B-2, B-3, M-1 or M-2 Zoning District an additional principal structure may be permitted as either a regular or limited conditional use in accordance with the requirements in Article V of this Zoning Code.

[Amended 10-4-2006 by Ord. No. 2006-11]

C. Dedicated street. No zoning or building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

D. Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Town Board and Plan Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of this subsection, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Town Board.

E. Preservation of topography, views and wooded slopes. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion. The Board shall consider the effects of new development atop hills and ridges in an effort to preserve viewsheds. Homes located within farm fields should be located with the goal of preserving views and productive farmland. Where feasible, existing tree lines, mature trees, hedgerows, barns, silos and other significant historic structures and wooded slopes should be preserved.

[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]

F. Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.

G. Private sewer and water. In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site soil absorption sewage disposal system designed in accordance with the Wisconsin Administrative Code. In any district where public water service or public sewerage service is not available, the lot width and area shall be increased in accordance with Ch. Comm 83, Wis. Adm. Code.

H. New park facilities and trails. New park facilities and trails shall meet the requirements of the Americans with Disabilities Act (ADA).

[Added 1-7-2009 by Ord. No. 2009-2; amended 5-6-2009 by Ord. No. 2009-9]

I. Cisterns. Cisterns shall be required in each new residential development containing eight or more lots or units as a part of the development; cisterns may be considered for each new commercial or industrial development as a part of the development. The Town Board may allow a cistern to be located in another area of the Town in lieu of being placed in the proposed subdivision should the Town Board determine that a cistern located outside of the proposed subdivision would better serve the residents of the Town. Cisterns are required to meet Town specifications and must be outfitted with a dry hydrant that meets the standards for the Town of Cedarburg. The location of the cistern may require the placement of up to 12 feet of paved shoulders and appropriate drainage facilities adjacent to the cistern to allow for safe off-road parking for emergency equipment. In exceptional cases, the Town Board may allow a pond not designed for stormwater retention/detention purposes to be used for a dry hydrant, provided that it meets Town design standards.

[Added 5-6-2009 by Ord. No. 2009-8]

J. Town of Cedarburg Design Guidelines and Standards.

[Added 8-6-2014 by Ord. No. 2014-8]

(1) Required. All persons, firms, entities, or associations needing site plan approval for a new development and/or new structure used for commercial, multifamily, senior care, institutional or government facilities, shall comply with the requirements of the zoning permit application as set forth in § 320-16, the design standards for such new development and/or new structure under this subsection, and the Town of Cedarburg Design Guidelines and Standards Manual adopted by the Town Board.[2] To the extent any provision of this subsection, said manual or any other ordinance conflicts, then this subsection shall apply.

[2] Editor's Note: The Town of Cedarburg Design Guidelines and Standards Manual is on file in the Town offices and available through the Town's website.

(2) Exceptions. The standards set forth hereunder and of the Town of Cedarburg Design Guidelines and Standards which is drafted in accordance with this Article II of the Zoning Code do not apply to one-family and two-family residences in residentially zoned districts, and to other nonresidential buildings and structures which exist as conforming or legally nonconforming uses, buildings and structures in the Town.

(3) Multifamily residential and senior care facilities standards. "Multifamily" is defined as multiple separate housing units for residential (i.e., noncommercial) inhabitants contained within one building or several buildings within one complex. A "senior care facility" is defined as a facility that fulfills the special needs and requirements that are unique to senior citizens.

(a) Building placement standards of multifamily residential and senior care facilities:

[1] Buildings shall be placed parallel to the street edges when physically possible, or perpendicular to the street if arranged around a courtyard or other open space.

[2] When located within the Town Center Overlay District, buildings shall be placed close to the right-of-way when possible to help create a sense of pedestrian friendliness and accessibility.

[3] If buildings are substantially set back from the street, decorative fences, walls and/or landscape elements shall be used to hide parking lots and vehicles from view and maintain the privacy of residential units.

(b) Parking and circulation standards of multifamily residential and senior care facilities:

[1] Parking shall not be located in the front yard in the Five Corners Town Center Overlay District. Street-facing garage doors are not allowed in the Five Corners Town Center Overlay District; they are strongly discouraged in other areas of Town.

[2] Detached garages shall be designed and constructed of like materials of the principal structure.

[3] Parking lots shall not be placed at street corners.

[4] Parking lots shall be screened from adjacent streets, public spaces and residential uses by use of landscaping, decorative fences/garden walls and or low berms.

[5] Berms shall not exceed three feet above the centerline of the road, and must be landscaped for at least 75% of their length.

[6] Stormwater detention devices (i.e., ponds and outfalls) shall be landscaped with planting beds and bushes for at least 50% of their circumference.

[7] Pedestrian walks at least four feet in width are required for developments within the Town Center Overlay District. Acceptable materials include concrete, brick, stone (no loose aggregate) or wood (natural or man-made). These walks shall be planned to connect to existing or planned future walks on adjacent properties and the Town pedestrian/bicycle network.

(c) Service and loading areas standards of multifamily residential and senior care facilities:

[1] Service and utility areas shall be inside the building or located at the rear of the building and screened from the public view with fencing and/or solid evergreen landscaping.

[2] Dumpsters shall be completely screened from view by brick, stone, or wood fencing (natural or man-made).

[3] Utility service lines shall be buried and located at the rear or side lot lines. Meters, transformers, AC units, and fuel tanks shall be completely screened from public view with decorative fencing, walls and/or solid evergreen landscaping if at ground level, or completely screened from public view with a decorative enclosure to mimic other materials used on the facade if on the roof of the building.

(d) Landscape standards of multifamily residential and senior care facilities:

[1] A landscape plan shall be submitted with new buildings, additions, or building remodel.

[2] Paved parking areas shall be landscaped with a minimum of four trees for every 20 stalls; paved parking areas less than 20 stalls must have at least four trees. Trees shall be at least two-inch caliper and at least four feet tall at time of planting. Plantings shall be planted in and around the paved area with emphasis on screening of surface lots from adjacent uses and public streets.

[3] A minimum of 50% of the street facing facades shall contain foundation plantings, and at least one tree shall be planted per 50 feet of lot street frontage.

(e) Architecture standards of multifamily residential and senior care facilities:

[1] Buildings shall be designed to give the building scale and visual appeal.

[2] Elevations shall contain features that add depth and avoid the appearance of flat residential facades.

[3] New construction shall take into account the scale and character of any historic buildings in the adjacent area.

[4] New buildings and additions shall be designed with simple rectangular volumes; cylindrical, pyramidal, and other elaborate forms as the main building are not allowed.

(f) Entryway standards of multifamily residential and senior care facilities:

[1] The primary building entrance shall be easily identified through the use of architectural details and/or other treatments such as awnings, canopies or porches.

[2] Buildings located at the intersection of roadways shall be designed with angled entrances at the corner.

(g) Signage and lighting standards of multifamily residential and senior care facilities:

[1] Signage shall not be internally illuminated box signage. Internally illuminated box signage existing at the time of adoption of these guidelines and standards is considered legal/existing nonconforming; however, if the sign is replaced or a new sign face is desired, an internally illuminated box sign is no longer allowed. The only internally illuminated signage allowed is individual letters/logos.

[2] The brightness of signage and other lighting must meet Town Code specifications.

(h) Material and color standards of multifamily residential and senior are facilities:

[1] Acceptable materials for all sides of buildings (aside from glass windows) include common size brick, natural stone (i.e., limestone, fieldstone, lannon stone), cement board siding, wood siding, and man-made brick, stone, wood, stucco, or EIFS.

[2] Building color shall avoid the use of purple, pink and fluorescent colors, except for as accents on awnings and other decorative features.

[3] When a rear facade faces a street, the rear facade shall be designed as a front facade.

[4] Acceptable roofing materials include clay tiles, wood shingles, slate, asphalt shingles, and metal. "Green roofs" composed of organic materials are an acceptable option in new construction.

(4) Commercial/mixed-use design standards. These standards apply to new developments and proposed structures on properties with B-1, B-2, B-3, and M-2 zoning. They also apply to all other parcels, regardless of zoning district, that fall within the Town Center Overlay District (TCOD), whether or not they use the TCOD process, to ensure that all developments and redevelopments in this area occur in a consistent fashion. They also apply to Planned Unit Developments anywhere in the Town regardless of zoning.

(a) Building placement standards of commercial/mixed-use facilities:

[1] Buildings shall be oriented towards adjacent public streets, courtyards and other public spaces.

[2] Buildings shall be placed parallel to the street edges, or perpendicular to the street if arranged around a courtyard or other open space.

[3] When located within the Town Center Overlay District, buildings shall be placed close to the right-of-way when possible to create a sense of pedestrian friendliness and accessibility.

[4] If parking is located between the building and the street, see-through decorative fences not taller than four feet, walls not taller than four feet, and/or landscape elements not taller than four feet shall be used to hide parking lots and vehicles from view.

(b) Parking and vehicle/pedestrian circulation standards of commercial/mixed-use facilities:

[1] Parking lots shall not be placed at street corners.

[2] Parking shall not be located in the front yard in the Town Center Overlay District (TCOD).

[3] In general, parking lots shall be screened from adjacent streets, public spaces and residential uses by decorative fences, walls and/or landscape elements no taller than four feet in height.

[4] Pedestrian walks at least four feet in width are required for developments within the Town Center Overlay District. Acceptable materials include concrete, brick, stone (no loose aggregate) or wood (natural or man-made). These walks shall be planned to connect to existing or planned future walks on adjacent properties and the Town pedestrian/bicycle network.

(c) Service and loading area standards of commercial/mixed-use facilities:

[1] Service, loading and utility areas shall be inside the building or located at the rear of the building and completely screened on all sides from the public view with decorative fences, walls and/or solid evergreen landscaping.

[2] Street-facing garage doors are not allowed on new developments.

[3] Dumpsters shall be completely screened on all sides from view by brick, stone, or wood fencing (natural or man-made); the enclosure could be further screened by evergreen plantings.

[4] Utilities shall be buried and located at the rear or side lot lines. Meters, transformers, AC units, and fuel tanks shall be completely screened from public view with decorative fencing, walls and/or solid evergreen landscaping if at ground level, or completely screened from public view with a decorative enclosure to mimic other materials used on the facade if on the roof of the building.

(d) Landscape standards of commercial/mixed-use facilities:

[1] A landscape plan shall be submitted with new buildings, additions, or building remodel.

[2] Paved parking areas shall be landscaped with a minimum of four trees for every 20 stalls; paved parking areas less than 20 stalls must have at least four trees. Trees shall be at least two-inch caliper and four feet in height at time of planting.

[3] Plantings shall be placed in and around the paved area with emphasis on screening of surface lots from adjacent uses and public streets and breaking up large contiguous paved areas.

[4] Detention and retention ponds that are visible from the road or parking lot must be landscaped with planting beds and/or bushes for at least 50% of their circumference.

(e) Architecture standards of commercial/mixed-use facilities:

[1] Buildings shall be designed to give the building scale and visual appeal. All facades visible from a street, parking or walkway shall contain features that add depth and avoid the appearance of flat facades.

[2] Any flat roofs must be completely shielded from view by architectural facades, and rooftop mechanical equipment shall be screened from view.

[3] Buildings located at street corners shall define the intersection with distinctive architectural character with features such as towers and recessed entries.

[4] Building scale and height shall be compatible with that of adjacent residential units when such parcels abut.

(f) Entryway standards of commercial/mixed-use facilities:

[1] The primary building entrance shall be easily identified through the use of architectural details and/or other treatments such as steps, porches, stoops, bays, canopies, awnings, and balconies.

(g) Signage and lighting standards of commercial/mixed-use facilities:

[1] Signage shall not be internally illuminated box signage. Internally illuminated box signage existing at the time of adoption of these guidelines and standards is considered legal/existing nonconforming; however, if the sign is replaced or a new sign face is desired, an internally illuminated box sign is no longer allowed. The only internally illuminated signage allowed is individual letters/logos.

[2] The brightness of signage and lighting must meet Town Code specifications.

(h) Material and color standards of commercial/mixed-use facilities:

[1] Acceptable materials for all sides of buildings (aside from glass windows) include common size brick, natural stone (i.e., limestone, fieldstone, lannon stone) and wood, cement board siding, and man-made brick, stone, wood, stucco, or EIFS. The use of corrugated metal, reflective glass, aluminum, and narrow guage vinyl is not allowed.

[2] Building color. Building color shall avoid the use of purple, pink and fluorescent colors, except for as accents on awnings and other decorative features.

[3] When a rear facade faces a street, the rear facade shall be designed as a front facade.

[4] Roof materials. Acceptable roofing materials include clay tiles, wood shingles, slate, asphalt shingles, and metal. "Green roofs" composed of organic materials are an acceptable option in new construction.

(i) Outdoor space and amenity standards of commercial/mixed-use facilities:

[1] When on-site green spaces and public/private amenities are incorporated into a site plan, they shall be designed so as to connect to current and possible future amenities on neighboring properties such as seating areas, water features and courtyards with walkways at least four feet wide.

[2] Pedestrian walkways shall be constructed of concrete, brick, stone (no loose aggregate) or wood (natural or man-made).

(5) Institutional and governmental facilities standards. These standards apply to new developments and proposed structures of government and institutional facilities including but not limited to schools, colleges, churches and hospitals, regardless of zoning or location within the Town.

(a) Building placement standards of institutional and governmental facilities:

[1] Buildings shall be oriented towards and respond to adjacent public streets, courtyards and other public spaces.

[2] Elements such as decorative fences, walls and/or landscape are required to buffer the use from adjacent uses and the roadway.

(b) Parking and circulation standards of institutional and governmental facilities:

[1] Parking lots and driveways shall not be placed at street corners.

[2] Parking lots and driveways shall be bordered by planting beds and/or decorative fences/garden walls for at least 40% of their length to provide screening from adjacent streets, public spaces, and residential uses.

[3] Parking structures are limited to three levels or the height of the highest principal structure and must have a facade constructed of the same materials as the buildings.

[4] Pedestrian walks connecting parking lots to buildings and public spaces shall be incorporated into all site plans and must be of a solid surface (no dirt or gravel, etc.).

(c) Service and loading area standards of institutional and governmental facilities:

[1] Service, loading and utility areas shall be inside the building or located at the rear of the building and screened on all sides from the public view with decorative fences, walls and/or solid evergreen landscaping.

[2] Dumpsters shall be completely screened on all sides from view by brick, stone, or wood fencing (natural or man-made); the enclosure could be further screened by evergreen plantings.

[3] Utilities shall be buried and located at the rear or side lot lines. Meters, transformers, AC units, and fuel tanks shall be completely screened from public view with decorative fencing, walls and/or solid evergreen landscaping if at ground level, or completely screened from public view with a decorative enclosure to mimic other materials used on the facade if on the roof of the building.

(d) Landscape standards of institutional and governmental facilities:

[1] A landscape plan shall be submitted with new buildings, additions, or building remodel.

[2] Plantings shall be placed in and around the paved area with emphasis on screening of surface lots from adjacent uses and public streets and breaking up large contiguous paved areas.

[3] Adjacent properties shall be screened with dense landscaping such as tree plantings, shrubs, garden walls, hedges, fences and berms. Trees shall be at least three-inch caliper and four feet tall at planting, and shrubs at least three feet tall at planting.

(e) Architecture and entryway standards of institutional and governmental facilities:

[1] Buildings shall be designed to give the building scale and visual appeal. Facades are encouraged to contain features that add depth and avoid the appearance of flat facades.

[2] Corner buildings (corners of public roads) shall define the intersection with distinctive architectural character.

[3] Mechanical equipment shall be screened from public view.

[4] The primary building entrance shall be easily identified through the use of architectural details and/or other treatments such as steps, porches, stoops, bays, canopies, awnings, and balconies.

(f) Signage and lighting standards of institutional and governmental facilities:

[1] Signage shall not be internally illuminated box signage. Internally illuminated box signage existing at the time of adoption of these guidelines and standards is considered legal/existing nonconforming; however, if the sign is replaced or a new sign face is desired, an internally illuminated box sign is no longer allowed and signs must be upgraded to meet current sign code. The only internally illuminated signage allowed is individual letters/logos.

[2] The brightness of signage and lighting must meet Town Code specifications.

(g) Material and color standards of institutional and governmental facilities:

[1] Building materials. Acceptable materials for all sides of buildings (aside from glass windows) include common size brick, natural stone (i.e., limestone, fieldstone, lannon stone) and wood, cement board siding, and man-made brick, stone, wood, stucco, or EIFS. The use of reflective glass and aluminum is prohibited unless for decorative use and consisting of less than 20% of the facade area.

[2] The use of corrugated metal and narrow guage vinyl is not allowed.

[3] Building color shall avoid the use of purple, pink and fluorescent colors, except for as accents on awnings and other decorative features.

[4] When a rear facade faces a street, the rear facade shall be designed as a front facade.

[5] Acceptable roofing materials include clay tiles, wood shingles, slate, asphalt shingles, and metal. "Green roofs" composed of organic materials are an acceptable option in new construction.

(h) Outdoor space and amenity standards of institutional and governmental facilities:

[1] The creation of on-site green spaces and public/private amenities is encouraged.

[2] When on-site green space and public/private amenities are incorporated into site plans, they shall be designed so as to connect to current and possible future amenities on neighboring properties such as seating areas, water features and courtyards with walkways at least four feet wide.

[3] Pedestrian walkways shall be constructed of concrete, brick, stone (not loose aggregate) or wood (natural or man-made).

[1] Editor's Note: Original § 10-1-12(a), Site suitability; (e), Lots abutting more restrictive districts; and (j), Soil restrictions, which were part of this section, were deleted 10-4-2006 by Ord. No. 2006-11.

§ 320-11 Height and area exceptions.

[Amended 6-6-2001 by Ord. No. 2001-9]

The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:

A. Height limitations. The height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

[Amended 10-4-2006 by Ord. No. 2006-11]

(1) Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, shall not exceed in height their distance from the nearest lot line but shall not exceed 50 feet.

(2) Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks, shall not exceed in height their distance from the nearest lot line.

(3) Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter. All new and replacement electric and telecommunications distribution and service lines shall be located underground when economically feasible.

[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]

(4) Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height their distance from the nearest lot line.

(5) Agricultural structures, such as barns, silos, tanks and windmills, shall not exceed in height their distance from the nearest lot line.

B. Lots on two streets. Where a lot abuts on two or more streets having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.

C. Occupation of undersized lots. Where a lot has an area less than the minimum number of square feet required for the district in which it is located and was of record as such at the time of the passage of this Code, such lot may be occupied subject to the requirements of Article VI, Nonconforming Uses, Structures and Land, of this Zoning Code.

[Amended 10-4-2006 by Ord. No. 2006-11]

D. Fire facilities. Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided that they are so located as not to obstruct light and ventilation.[1]

[1] Editor's Note: Original § 10-1-14, Reduction or joint use, which immediately followed this section, was deleted 10-4-2006 by Ord. No. 2006-11. See § 320-8D.