Belleville Village City Zoning Code

General guidelines for calculating required parking spaces. Table 16.063.2, shall be used to determine the minimum required number of off-street parking spaces that must be provided on the subject property. Required off-street parking spaces shall not be assigned or reserved for specific user groups including but not limited to energy efficient vehicles, expectant mothers, carry-out customers, or rideshare services providers. Off-street parking spaces with electric vehicle charging stations shall count towards the minimum requirement. Any parking space reserved for a specific user group shall not count towards required parking. Requirements are generally tied to the capacity of the use including residents and students; the gross floor area of the use; the number of employees; the number of service bays, occupiable rooms, or dwelling units; or the number of seats.

"Resident" and "student" means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater.

"GFA" means the gross floor area of the primary building.

"Employee" means the maximum number of employees working at the facility during the largest single shift in a given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee.

"Service bay," "occupiable rooms," and "dwelling unit" means the number of each as defined in Chapter 25 of this code.

"Seats" means the number of seats in the main auditorium or place of assembly.

The applicant(s) for approval of a joint vehicle parking facility shall demonstrate to the Zoning Administrator's satisfaction that there is not a substantial conflict in the demand for vehicle parking during the principal operating hours of the two (2) or more uses that the joint vehicle parking facility is proposed to serve.

Vehicular parking facilities which have been approved by the Zoning Administrator to provide required vehicle parking for one (1) or more uses, shall provide a number of vehicle parking spaces which accommodates the parking demand for all uses during any overlapping period of time in the principle operating hours of each use.

Each vehicle parking space designed to serve as joint vehicle parking shall not be located farther than five hundred (500) feet from the access to all of the various areas it is designated to serve.

A legally binding instrument, approved by the Village Administrator, shall be executed by any and all parties to be served by said joint vehicle parking facility. This instrument shall be recorded with the Register of Deeds Office and filed with the Village Clerk. A fee shall be required to file this instrument [see Section 16.150].

Adjacent lots that are subject to a joint vehicle parking agreement shall be interconnected by the provision of cross-access easement for vehicular passage.

Off-street vehicle parking shall not be located in any area where parking is prohibited in the Belleville Code of Ordinances.

Off-street vehicle parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and vehicle parking lots designated on the approved site plan (see Section 16.128).

No private vehicle parking shall occur on street terraces, driveways, or any other areas located within a public right-of-way not explicitly designated by the Director of Public Works.

Internal vehicular circulation systems shall be designed to allow for vehicular cross-access between the development's vehicle parking facilities and vehicle parking facilities in an adjoining apartment/condominium, nonresidential, or mixed-use development, or to the boundary of adjoining vacant land zoned to allow apartment/condominium, nonresidential, or mixed-use development.

Required vehicular cross access between the adjoining lots shall be provided through the use of a frontage or service street (if the lots front on a major thoroughfare right-of-way), a single two-way maneuvering lane, or two (2) one-way maneuvering lanes that are sufficiently wide to accommodate traffic by automobiles, service vehicles, loading vehicles, and emergency vehicles.

The Zoning Administrator may waive or modify the requirement for vehicular cross access on determining that such cross access is impractical or undesirable because it would require crossing a significant physical barrier or environmentally sensitive area, would create unsafe conditions, or there exists an inability to connect to adjacent property.

Easements allowing cross access to and from properties served by a vehicular cross-access, along with agreements defining maintenance responsibilities of property owners, shall be recorded with the Register of Deeds for the county in which the properties are located before issuance of a Building Permit for the development.

Off-street vehicle parking and traffic circulation areas shall include pedestrian circulation systems to ensure the safety of pedestrians, bicyclists, and motorists.

The on-site pedestrian circulation system shall be marked and must connect all buildings on the site to one another and provide connections to the required vehicle and bicycle parking spaces.

The on-site pedestrian circulation system must connect building entrances to adjacent public rights-of-way along direct routes that do not require significant out-of-direction travel.

The on-site pedestrian circulation system shall provide at least one (1) connection to adjacent properties along a shared street frontage. Connections must provide access to existing walkways on adjacent properties, or to the likely future location of walkways on those properties. The Zoning Administrator may waive this requirement upon determining that no walkway exists, a future walkway is unlikely to exist, or such connection would create a safety hazard.

Location.

Design criteria.

Dimensional standards.

Exemption. The bicycle parking requirements of this section shall apply to all uses other than the following:

When the required amount of bicycle parking is two (2) spaces or less, the use shall provide a minimum of two (2) spaces in a bicycle parking facility.

Unless otherwise specified herein, the number of required bicycle parking spaces shall be equal to five (5) percent of required vehicle parking spaces, up to ten (10) spaces. Additional demand for bicycle parking shall be monitored and provided as necessary.

Canopy trees. A woody plant (deciduous or evergreen) having not less than a two and one-half (2.5) inch caliper with single central axis which typically reaches a mature height of not less than forty (40) feet and a mature spread of not less than fifteen (15) feet.

Understory trees. A woody plant having not less than a one and one-half (1.5) inch caliper, or six (6) feet tall for multiple stem species, that normally attains a mature height of at least fifteen (15) feet.

Evergreen trees. A tree having foliage that persists and remains green throughout the year and has a height of not less than six (6) feet at installation and maturing to a height of not less than twenty (20) feet.

Shrub. A woody plant (deciduous or evergreen) of low to medium height characterized by multiple stems continuous from its base and having a height of not less than two (2) feet.

Native grasses. Grasses and flowering broad leaf plants that are native to the State of Wisconsin, and that are commonly found in meadow and prairie plant communities, not including noxious weeds.

Ground cover. Herbaceous plants, other than turf grass, or prostrate shrubs that are native to the State of Wisconsin normally reaching an average maximum height of eighteen (18) inches at maturity. Ground cover may include nonliving materials such as landscape rocks upon approval by the Village Board.

Parking lot perimeter area. Trees and landscape required by this section shall be in addition to trees and landscape required under other sections of this chapter. It is the objective of this section to provide screening between parking areas and right-of-way, and to provide for the integration of stormwater management with required landscaping.

Applicability. The parking lot perimeter landscape regulations of this section apply to the following:

Requirements. Perimeter landscape shall be established along the edge of the parking lot with a minimum width of seven (7) feet as measured from the parking lot back of curb, to accommodate vehicle bumper overhang and ensure planting areas that are adequate in size.

A low masonry wall or fence the height of which provides effective screening to a maximum height of three (3) feet may be used in conjunction with required landscaping as detailed in this section. Plant materials shall be installed between the sidewalk and the fence or wall to provide a softening effect.

Applicability. The parking lot interior landscape regulations of this section apply to the following:

Requirements. For parking lots consisting of fifteen (15) or more spaces, interior parking lot landscape shall be required. For parking lots consisting of fewer than fifteen (15) spaces, all rows of parking shall be terminated by a parking lot island.

Amount. Required parking lot interior landscape area shall be provided in the form of islands and medians.

Size. Parking lot medians shall have a minimum width of nine (9) feet and minimum soil depth of thirty-six (36) inches.

Planting. A minimum of one (1) canopy tree and fifteen (15) shrubs or native grasses shall be planted for each fifty (50) linear feet of parking lot median.

Design. Parking lot medians shall be protected with concrete curbing, wheel stops, or other suitable barriers. Such medians shall be properly drained or irrigated as appropriate to the site conditions to ensure survivability of plant materials and proper stormwater management function.

Size. Parking lot islands shall be a minimum nine (9) feet wide by eighteen (18) feet long and shall have a minimum soil depth of thirty-six (36) inches. Double rows of parking shall provide parking lot islands opposite one another to form continuous single islands.

Planting. A minimum of one (1) canopy tree shall be provided for every parking lot island. If the island extends the width of a double row, then two (2) canopy trees shall be provided.

Design. Parking lot islands shall be protected with concrete curbing or other suitable barriers. Such islands shall be properly drained or irrigated as appropriate to the site conditions to ensure survivability of plant materials or proper stormwater management function.

A non-single-family development is required to maintain a building foundation area at front and exterior side yards of seven (7) feet at a minimum.

Foundation plantings shall be designed to supplement buffer yard plantings to frame important views, while visually softening long expanses of walls.

Foundation plantings shall be installed across eighty (80) percent of the length of the façade of the building, except where walkways and driveways are located.

Foundation plantings may include trees, shrubs, native grasses, and ground cover.

Where the area between the building and parking lot or street curb is entirely paved for pedestrian use, landscaping may consist of canopy trees planted in structural soils beneath tree grates or permeable pavement, at the rate of one (1) tree per fifty (50) linear feet of building facade. Minimum structural soil volume shall be six hundred (600) cubic feet.

Above-ground stormwater planter boxes along building facades may be substituted for foundation plantings.

Ornamental and large shade trees shall be required for all green space areas as required by the Plan Commission.

The Plan Commission may approve a different design solution which is designed by a registered landscape architect.

Applicability. Transition area landscaping is required as follows:

Transition area types. Four (4) transition area types are established in recognition of the different contexts that may exist, as shown in Table 16.065.1. Transition areas may include a combination of elements including setback distances for separation, planting types, solid fencing, green walls, vegetated stormwater management areas, living ground cover, or turf.

Application of Transition Area Types. Transition areas shall be provided based on Table 16.065.2, except where adjacent uses are of a similar nature, scale, and intensity. As per Table 16.065.2, the type of required transition yard is dependent upon the land use type of the subject lot and the land use type of the adjacent lot(s).

Existing viable trees of twelve (12) inches or greater DBH shall not be removed from lots within the Village without a tree preservation and removal plan approved by the Zoning Administrator with consultation from the Village Forester. DBH is diameter at breast height measured at four and a half (4.5) feet off the ground or grade level.

The tree preservation and removal plan shall include an inventory of all trees of twelve (12) inches or greater DBH in the impacted area on a lot.

Every reasonable effort shall be made to incorporate trees identified in the inventory into the landscape required for the proposed development. The Zoning Administrator in consultation with the Village Forester must determine that one (1) of the following criteria apply prior to granting approval to remove a mature, high-quality tree:

Viable trees of twelve (12) inches or greater DBH to be removed shall be replaced in accordance with the following standards. If replacement trees cannot be accommodated on site, as determined by the Zoning Administrator, the replacement trees shall be planted at an alternative site as determined by the Director of Public Works or Village Forester.

The value of a tree shall be determined by the Village Forester in accordance with the methods developed by the Council of Tree and Landscape Appraisers in the most recent Guide for Plant Appraisal.

All installed landscape shall conform to the most recently approved American Standard for Nursery Stock (ANSI Z60.1), published by the American National Standards Institute.

All new landscape areas shall be installed prior to the occupancy or use of the building or premises, or substantial completion of the building to allow for occupancy; or if the time of the season or weather conditions is not conducive to planting, the developer shall apply to the Zoning Administrator for a delay in landscape installation. The delay in landscape installation request shall identify a date certain by which all required landscape materials shall be installed or the developer shall be subject to a fine as detailed in the agreement.

A total cost estimate of landscaping for the construction must be given in January 1st dollars for the current calendar year. Twenty (20) percent of the total landscaping costs should be deposited in escrow with the Village before building permits are granted. The twenty (20) percent landscaping deposit will be held in escrow for a period of one (1) year past the time of planting and will be refunded on approval of the Village.

Dead plant materials shall be replaced within sixty (60) days taking into consideration the season of the year and shall have at least the same quantity and quality of landscape elements as initially approved. If the particular project is constructed in more than one (1) phase, the sixty (60) day timeframe shall apply to each individual phase.

All landscape shall be maintained in a healthy, neat, trimmed, clean, and weed-free condition. Except for surface areas in vegetated stormwater management areas where mulch is not specified, the ground surface of landscape areas shall be covered with either turf and/or other types of pervious ground cover located beneath and surrounding trees and shrubs.

For stormwater management areas where irrigation is not specified, all installed plantings shall be guaranteed for a period of eighteen (18) months following municipal approval of installation. During this guarantee period landowner shall supply water as necessary to promote successful establishment and growth.

Any required landscaped area not intended for stormwater management, greater than one hundred and fifty (150) square feet in area, shall be provided with an underground irrigation system or be provided with a portable water supply within fifty (50) feet of said landscaped areas. No part of an irrigation system may be installed in Village right-of-way.

All plantings required under this chapter shall be maintained perpetually and replaced if they die or are substantially weakened or damaged. If plantings succumb due to cultural conditions, they shall be replaced with more culturally suitable species of the same type (e.g. tree, shrub, ground cover).

Trash and recycling receptacles shall be screened on three (3) sides with a solid, opaque material with a minimum height of six (6) feet and a maximum height of eight (8) feet. The use of materials that are not solid, such as slats in chain-link, shall only be used to meet this requirement in the I district.

Materials used for screening shall complement the architecture of the primary structure.

Materials and elevations for enclosures that are attached to buildings shall be designed to be integrated into the primary structure.

If enclosures are to be attached to buildings, they shall comply with applicable fire and building codes.

Shrubs shall be installed every three (3) feet along the exterior of the enclosure, except for enclosure openings, to provide a softening effect.

Enclosure openings shall be gated with an opaque material and shall not be directly visible from a public right-of-way and/or adjoining residential areas.

Enclosure openings shall be kept closed except for when the receptacle is being accessed by a service truck.

Property owners shall be responsible for ensuring that trash and recycling receptacles shall be placed in enclosure other than when it is being emptied by a service truck.

Access drives shall be constructed of material and thickness to accommodate truck loading. Year-round access to the enclosure area for service trucks shall be maintained by the property owner or tenant.

Enclosures shall be of an adequate size to accommodate expected containers. It is recommended that the enclosure be designed to be expandable to accommodate future additional containers.

Enclosure structures shall be designed to protect the walls from damage by containers. Such protection may be provided using barrier curbing, reinforced masonry walls, or other similar means.

Trash and recycling receptacle enclosures shall not occupy areas used for required parking spaces.

Locating mechanical units within the principal structure is strongly encouraged to minimize exterior visual impacts. Ground mounted mechanical units are prohibited within the front yard, regardless of whether screening is provided.

Ground mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be screened from public view.

Materials used for screening shall be designed and established so that the area or element being screened is no more than twenty (20) percent visible through the screen.

Chain-link fence or slats in chain-link fence shall not be used to meet this requirement.

Locating mechanical units within the principal structure is strongly encouraged to minimize exterior visual impacts.

Roof mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be completely screened from public view.

Materials used for screening shall be architecturally integrated with the building in the form of a parapet wall and shall be continuous, permanent, sound attenuating, and noncombustible.

Screening shall be required when new equipment is installed and shall be provided around both new and existing roof mounted mechanical units to provide visual continuity. Normal maintenance of roof mounted mechanical units shall not mandate the screening requirements.

Additional screening may be required due to topographic differences in the adjoining properties.

Approved materials. Approved materials for fencing include wood, stone, brick, wrought iron, chain link, woven wire, wire mesh, plastic, or vegetation, except that woven wire and/or wire mesh are not permitted within front yard or street-side yard areas. Snow fences constructed of wood, wire, plastic, or any combination thereof shall be permitted only as temporary fences.

Prohibited materials. Except as allowed for pet containment systems, no fence shall be constructed of dangerous materials or materials that would constitute a nuisance. No fence shall be constructed of razor wire or be constructed that conducts electricity or that is designed to shock with electricity. With the approval of the Zoning Administrator, barbed wire may be used at the top of fences in commercial and industrial zones, provided that the barbed wire and its supports are a minimum of six (6) feet four (4) inches above the ground. Barbed wire supports may not extend beyond the lot line of the fenced property.

Alternative materials. Materials not listed in Section 16.067(3)(a) or (b) may be considered with the approval of the Zoning Administrator. A sample of the proposed fencing material and design shall be provided by the applicant for evaluation at the time of application filing. In addition, the applicant must demonstrate that all the following conditions are being met prior to the approval of the permit.

In all residential zoning districts, fences shall be a maximum of six (6) feet high and one hundred (100) percent opaque except:

In all nonresidential zoning districts, fences may be a maximum of eight (8) feet high and one hundred (100) percent opaque and shall be limited to rear and side yards only with the exception of fences or walls otherwise required by this Code.

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the Village now in effect or hereafter enacted.

All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.

All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and Village ordinances regulating electrical installations.

Private swimming pools shall be erected or constructed in rear or side yards only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot unless connected to the lot with the principal building by a certified survey map (CSM). A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool be less than six (6) feet from any lot line. The inside wall of a pool shall be located at least ten (10) feet from any overhead or underground electrical wiring except such wiring needed for the pool and related accessories.

Pools within the scope of this section which are not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than six (6) feet in height and shall be so constructed as not to have voids, holes or openings larger than six (6) inches in one (1) dimension. Gates or doors shall be kept locked while the pool is not in actual use.

The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of thirty-six (36) inches high on the top, or if the side walls are unobstructed and a minimum of thirty-six (36) inches high. Such pool must have secure access by use of self-closing/self-latching gates.

The pool enclosure may be omitted for aboveground pools in which the wall height is at least forty-eight (48) inches and if the only access to the pool is provided by a ladder or steps, provided that the ladder or steps shall be capable of being secured, locked or removed to prevent access.