Baldwin Village City Zoning Code
ARTICLE VI
Traffic Visibility, Loading, Parking and Access
§ 635-45 Traffic visibility.
A.
No obstructions, such as structures, parking, 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 curb grades within the 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 15 feet from their intersection.
B.
In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.
§ 635-46 Loading requirements.
A.
Loading space requirements.
(1)
On every lot on which a new business, trade or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way:
Gross Floor Area of Building (square feet) | Number of Spaces | |
|---|---|---|
5,000 to 24,999 | 1 | |
25,000 to 49,999 | 2 | |
50,000 to 99,000 | 3 | |
100,000 to 174,999 | 4 | |
175,000 to 249,999 | 5 |
(2)
For each additional 75,000 square feet (or fraction thereof) of gross floor area, one additional loading and unloading space shall be provided.
B.
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.
C.
Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street. Each loading and unloading space shall have access to a public dedicated street or alley or other approved access. At no time shall any part of a truck or van be allowed to extend into the right-of-way of a public thoroughfare while the truck or van is being loaded or unloaded.
D.
Design standards. Each off-street loading space shall have a width of at least 12 feet, a length of at least 40 feet, and a vertical clearance of at least 15 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. All loading berths shall be completely screened from residential properties by building walls or a uniformly painted solid fence, wall or door, or any combination thereof, not less than eight feet in height.
E.
Surfacing. All open off-street loading berths shall be improved with a compacted gravel base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.
F.
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.
G.
Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
H.
Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:
(1)
Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
(2)
Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)
(3)
No zoning lot served shall be more than 300 feet removed from the central loading area.
(4)
The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.
§ 635-47 Parking requirements.
All new parking lots and all alterations of existing lots shall be subject to the approval of the Village Board, after a recommendation from the Plan Commission. Requests for said parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations. In all districts, except in the C-2 General Commercial District, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following:
A.
Access. Adequate access to a public street or other approved access shall be provided for each parking space.
B.
Design standards. Each required off-street parking space shall have a minimum size of 198 square feet total. The stall width shall be a minimum of nine feet or the stall length shall be a minimum of 22 feet; however, both minimums cannot be used in order to meet the square footage requirement. Such space shall have a vertical clearance of at least 6 1/2 feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: aisles shall be not less than 26 feet wide for ninety-degree parking, 16 feet wide for sixty-degree parking, 12 feet wide for forty-five-degree parking (angle shall be measured between center line of parking space and center line of aisle), 23 feet wide for seventy-five-degree parking, and 12 feet wide for parallel parking. For parallel parking, the minimum length of the parking space shall be increased to 23 feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street. Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.
[Amended 2-6-2013; 3-13-2013]
C.
Location.
(1)
Off-street parking is permitted in all yards of all districts except in the front yards of single-family and two-family residence districts but shall not be closer than 10 feet to a side lot line, right-of-way line or rear lot line without prior Village Board approval under § 635-88 (a five-foot minimum shall be maintained under any circumstances).[1]
[1]
Editor's Note: Original Subsection C(1), regarding location on the same lot or within 400 feet, which immediately preceded this subsection, was repealed 3-13-2013.
(2)
Off-street parking in the single-family residence and two-family residence districts is permitted in the front yard in the driveway, even though closer than five feet to a side lot line, provided the driveway conforms to the requirements in Chapter 271, Driveways. Parking stalls for single- and two-family residences may be placed one behind the other.
D.
Surfacing. All open off-street parking areas, except a single parking space accessory to a single-family dwelling, shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement). Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.
E.
Landscaping requirements.
(1)
Landscaping. All public and private off-street parking areas which serve five vehicles or more and are created or redesigned and rebuilt subsequent to the adoption of this chapter shall be provided with accessory landscape areas totalling not less than 10% of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet.
(2)
Location. Location of landscape areas, plant materials, protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the Village Board.
(3)
Plans. All plans for such proposed parking areas, at the discretion of the Village Board, shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs, and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.
(4)
Special residential requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density, or other effective means, built and maintained at a minimum height of five feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from said lot line. Said fence shall be located as required by § 635-80 from the said lot line.
(5)
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with unenclosed parking facilities provided in residence districts.
(6)
Lighting. Any lighting used to illuminate off-street parking areas shall utilize "full cutoff" fixtures and shall not exceed the standards published by the latest edition of the Illuminating Engineering Society of North America (IESNA).
[Amended 2-6-2013; 3-13-2013]
F.
Curbs or barriers. Curbs or barriers shall be installed a minimum of four feet from a property line so as to prevent the parked vehicles from extending over any lot lines.
G.
The following guide specifies the minimum number of parking spaces required. The reference herein to "the work shift with the largest number of employees" means the maximum number of full-time or part-time employees present at the facility at any one time. For example, the largest work shift may be a particular day of the week, or a lunch or dinner period in the case of a restaurant. The reference herein to "maximum capacity" means the maximum number of persons which may be accommodated by the use as determined by its design or by applicable building code regulations, whichever is greater. In the case of structures or uses not specified herein, the number of spaces specified for a use which is similar shall apply. In developments involving the establishment of two or more uses on one lot or parcel, the number of spaces required for each use shall determine the total number of spaces required.
(1)
Residential uses.
(a)
Single-family, two-family and multifamily dwelling: two spaces per dwelling unit.
(b)
Mobile homes: two spaces per unit.
(c)
Housing for the elderly: 0.75 space per dwelling unit.
(2)
Retail sales and customer service uses, and places of entertainment, except as specifically set forth below: one space per 275 square feet of gross floor area of customer sales and service, plus one space per 200 square feet of storage and/or office gross floor area, or if the use has at least 80,000 square feet of gross floor area, one space per 200 square feet of gross floor area. Other retail sales and customer service uses and places of entertainment:
[Amended 12-9-2015]
(a)
Financial institutions: one per 600 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees. Financial institutions with drive-through service facilities shall provide sufficient space for four waiting vehicles at each drive-through service lane.
(b)
Funeral homes: one space per four patron seats of maximum capacity or 25 spaces per chapel unit, whichever is greater.
(c)
Grocery stores or supermarkets: one space per 275 square feet of gross floor area of customer sales and service plus one space per 200 square feet of storage and/or office gross floor area.
(d)
Motels and hotels: 1 1/2 spaces per lodging room or suite, plus one space per each employee for the work shift with the largest number of employees; two spaces per lodging room if plans include a conference/meeting room.
(e)
Lodges and clubs: one space per three persons based on the maximum capacity of the facility.
(f)
Repair services: one space per 300 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(g)
Restaurant, standard: one space per 150 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(h)
Theaters, auditoriums and other places of public assembly: one space per three patrons based on the maximum capacity of the facility.
(i)
Personal services: one space per 200 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(j)
Convenience grocery stores: one space per 100 square feet of gross floor area.
(k)
Restaurants, drive-in: one space per 50 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(l)
Taverns, dance halls, night clubs and lounges: one space per 100 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(m)
Motor vehicle sales establishments: two customer parking spaces per salesperson for the work shift with the largest number of salespersons, plus one employee parking space per employee (including sales persons) for the work shift with the largest number of employees.
(n)
Motor vehicle repair, maintenance and service stations: three spaces per indoor service bay plus one space per employee for the work shift with the largest number of employees.
(o)
Animal hospitals: three patron parking spaces per doctor, plus one employee parking space for the work shift with the largest number of employees.
(p)
Plant nurseries and garden and lawn supply sales establishments: one space per 200 square feet of gross floor area of inside sales or display, plus one space per 500 square feet of gross outside sales or display area, plus one space per employee for the work shift with the largest number of employees.
(q)
Shopping centers (gross leasable area of at least 50,000 square feet): 5 1/2 spaces per 1,000 square feet of gross leasable area.
(3)
Offices.
(a)
Medical, dental and similar professional health service offices: five patron parking spaces per doctor, plus one parking space per employee for the work shift with the largest number of employees.
(b)
Government, professional and business offices: one space per 150 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(4)
Commercial/recreational uses.
(a)
Except as specifically set for below: one space per four patrons based on the maximum capacity of the facility, plus one space per two employees the work shift with the largest number of employees.
(b)
Other commercial/recreational uses:
[1]
Bowling alleys: five spaces for each lane, plus one space per employee for the work shift with the largest number of employees.
[2]
Golf courses: 90 spaces per nine holes, plus one space per employee for the work shift with the largest number of employees.
[3]
Golf driving ranges: one space per tee, plus one space per employee for the work shift with the largest number of employees.
[4]
Indoor tennis, racquetball and handball courts: three spaces per court, plus one space per employee for the work shift with the largest number of employees.
[5]
Miniature golf courses: 1 1/2 spaces per hole, plus one space per employee for the work shift with the largest number of employees.
[6]
Skating rinks, ice or roller: one space per 200 square feet of gross floor area.
(5)
Industrial and related uses.
(a)
Manufacturing, processing, fabrication and storage operations: one space per employee for the two consecutive work shifts with the largest number of employees.
(b)
Wholesale business: one space per employee for the work shift with the largest number of employees, plus one space per 2,500 square feet of gross floor area.
(c)
Warehouse: one space per employee for the work shift with the largest number of employees, plus one space per 5,000 square feet of gross floor area.
(d)
Mini-warehouse: one space per 10 storage cubicles.
(e)
Extractive and related operations: one space per employee for the work shift with the largest number of employees.
(6)
Institutional and related uses.
(a)
Churches: one space per three seats based on the maximum capacity of the facility.
(b)
Libraries: one space per 250 square feet of gross floor area or one space per four seats of maximum capacity, whichever is greater, plus one space per employee for the work shift with the largest number of employees.
(c)
Museums: one space per 250 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.
(d)
Rooming and boarding houses, fraternity and sorority houses, dormitories and rectories: one space per bed.
(e)
Convents and monasteries: one space per three residents, plus one space per employee for the work shift with the largest number of employees, plus one space per five chapel seats if the public may attend.
(f)
Nursing homes: one space per three patient beds, plus one space per employee for the work shift with the largest number of employees.
(g)
Hospitals: two spaces per three patient beds, plus one space per staff doctor and each other employee for the work shift with the largest number of employees.
(h)
Schools.
[1]
Elementary schools and high schools: one space for each teacher and staff member, plus one space for each 10 students 16 years of age and older.
[2]
Colleges, universities, and trade schools: one space for each teacher and staff member during the highest class attendance period, plus one space for each two students during the highest attendance period.
[3]
Children's nursery schools or day schools: one space per employee for the work shift with the largest number of employees, plus one space per six students at the highest class attendance period.
H.
Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply. Floor space or area shall mean the gross floor area inside the exterior walls, where floor space is indicated above as a basis for determining the amount of off-street parking required.
I.
Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in this chapter, the provisions contained in §§ 101.13, 346.503 and 346.56, Wis. Stats., and any Wisconsin Administrative Code sections adopted pursuant thereto are hereby adopted by reference and made applicable to all parking facilities whenever constructed. All open off-street parking areas providing more than 25 parking spaces, except for parking areas restricted to use by employees only, shall provide parking spaces for use by motor vehicles which transport physically disabled persons in accordance with the following minimum standards:
(1)
One parking space shall be provided in parking areas containing 26 to 49 spaces.
(2)
Two percent of the total number of spaces shall be provided in parking areas containing 50 to 1,000 spaces.
(3)
In addition to the number of spaces required in Subsection I(2) above, 1% of each 1,000 spaces over the first 1,000 spaces for parking areas providing more than 1,000 spaces shall be provided.
(4)
The minimum dimensions for all parking spaces provided for use by physically disabled persons shall be 12 feet by 18 feet.
(5)
Parking spaces provided for the use of physically disabled persons shall be located as close as possible to an entrance which allows such persons to enter and leave the parking area without assistance.
(6)
All parking spaces provided for the use of physically disabled persons shall be marked by a sign which includes the international symbol for barrier-free environments and a statement informing the public that the parking space is reserved for use by physically disabled persons.
(7)
In the event that the Wisconsin Statutes or Wisconsin Administrative Code are amended, the amendments will supersede the authority of this chapter.
J.
Changes in buildings or use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 50% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
K.
Off-lot parking.
(1)
Required off-street parking spaces shall be located on the same lot with the principal use, or when this requirement cannot be met, such parking spaces may be located off-lot provided the parking spaces are located in the same district. Off-lot parking spaces shall also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the Village Attorney.
(2)
Off-lot parking spaces for residential uses shall be within 250 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within 300 feet of the entrance of the establishment.
(3)
Accessory parking may be located in residential districts provided that said lots or property is immediately adjacent to a commercial, business or industrial zoning district.
(4)
All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of 10 feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.
L.
Special exception.
[Added 12-9-2015]
(1)
Special exceptions to the parking regulations in this article may be granted by the Village Board following a recommendation from the Plan Commission, pursuant to the procedures in Article IV, Conditional Uses, of the Village Zoning Code, except that the following standards shall be taken into consideration in addition to the general conditional use standards found in Article IV of the Zoning Code.
(a)
The Village Board, upon application as required, may grant a special exception to the provisions of this article as it relates to the number of required parking stalls for any organization or business establishment, provided that the Board considers all of the following factors:
[1]
Effect that the proposed parking exception will have on the property owner's ability to accommodate patrons.
[2]
Effect that the proposed parking exception will have on adjacent public rights-of-way.
[3]
Effect that the proposed parking exception will have on adjacent property owners.
[4]
Effect that the proposed parking exception will have on adjacent public parking facilities.
[5]
The legislative intent.
[6]
Such other matters that the Board deems relevant and material.
(2)
If, at a later time, additional parking is deemed necessary by the Village Board to accommodate patrons of the business, it shall be the sole responsibility of the current landowner to address any additional parking needed.
§ 635-48 Highway access.
A.
Private access restricted. No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.
B.
Public or private access prohibited. No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:
(1)
Freeways, interstate highways and their interchanges or turning lanes nor to intersection of interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes.
(2)
Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.
(3)
Streets intersecting an arterial street within 50 feet of the intersection of the right-of-way lines.
C.
Public access barriers. Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.
D.
Temporary access. Temporary access to the above rights-of-way may be granted by the Zoning Administrator after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.
§ 635-49 Storage and parking of recreational vehicles.
A.
Definitions. For purposes of this section, the following definitions shall apply:
BOAT
Every description of watercraft used or capable of being used as a means of transportation on water.
BOAT OR SNOWMOBILE TRAILER
A vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this article, is termed an unmounted boat or snowmobile.
RECREATIONAL VEHICLE
Any of the following:
(1)
TRAVEL TRAILER
A vehicular, portable structure built on a chassis and on wheels that is between 10 feet and 36 feet long, including the hitch, and eight feet or less in width, designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. It includes so-called "fifth-wheel" units.(2)
PICKUP COACH
A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.(3)
MOTOR HOME
A portable, temporary dwelling to be used for travel, recreation, vacation, or other uses, constructed as an integral part of a self-propelled vehicle.(4)
CAMPING TRAILER
A canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.(5)
CHASSIS MOUNTS, MOTOR HOMES and MINI MOTOR HOMES
Recreational structures constructed integrally with a truck or motor van chassis and incapable of being separated therefrom.(6)
CONVERTED AND CHOPPED VANS
Recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.YARD, FRONT
That part of a lot between the front lot line and the front(s) of the principal building on the lot, and extended to both side lot lines.
YARD, REAR
That part of a lot between the rear lot line and the back(s) of the principal building on the lot, and extended to both side lot lines.
YARD, SIDE
That part of a lot not surrounded by building and not in the front or rear yard.
B.
Permitted parking or storage of recreational vehicles. In all residential and commercial districts provided for in this chapter, it is permissible to park and store a recreational vehicle or boat and boat trailer on private property in the following manner:
(1)
Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zoning district where located.
(2)
Parking is permitted outside in the side yard, provided it is not nearer than five feet to the lot line.
(3)
Parking is permitted outside on a hard-surfaced or well-drained gravel driveway, provided:
(a)
Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard. A corner lot is always deemed to have reasonable access to the rear yard. A fence is not necessarily deemed to prevent reasonable access.
(b)
Inside parking is not possible.
(c)
The unit is parked perpendicular to the front curb.
(4)
The body of the recreational vehicle or boat must be at least 15 feet from the face of any curb.
(5)
No part of the unit may extend over the public sidewalk or public right-of-way.
(6)
Parking is permitted only for storage purposes. Recreational vehicles or boats shall not be:
(a)
Used for dwelling purposes, except for overnight sleeping for a maximum of 10 days in any one calendar year. Cooking is not permitted at any time.
(b)
Permanently connected to sewer lines, water lines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.
(c)
Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.
(7)
Notwithstanding the above, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.
(8)
The recreational vehicle or boat shall be owned by the resident on whose property the unit is parked for storage.
§ 635-50 Storage of tractors and road machinery.
[Amended 3-13-2013]
No person, firm or corporation shall park, keep or maintain on properties zoned as residential the following types of vehicles: semi-tractors and/or trailers, landscaping equipment, dump trucks, auto wreckers and road machinery. Said vehicles may not be kept or parked on said premises, whether or not they are in enclosed buildings, except for the purposes of unloading or servicing the premises.