Bellevue Village City Zoning Code
PART 500
1700 Physical Development Standards
§ 500-1701 Development standards.
Specific development standards are established as supplemental regulations that address unique characteristics of certain land uses. The standards and conditions listed below apply to both permitted and conditional uses, in addition to all other applicable regulations of this chapter. Standards shall apply in all zoning districts where the use in question is allowed, except where specific districts are specified.
§ 500-1702 Purpose.
This article is intended to regulate development in order to:
A.
Promote and to protect the public health, safety, comfort, convenience and general welfare;
B.
Promote the orderly development of the community in accordance with the Official Village Comprehensive Plan or any of the component parts thereof;
C.
Secure safety from fire, panic, and other dangers;
D.
Improve the visual image of the Village while maintaining scenic values;
E.
Lessen congestion in the streets;
F.
Provide adequate standards of light, air and open space;
G.
Maintain the aesthetic appearances and prevent the overcrowding of land;
H.
Encourage physical diversity;
I.
Mitigate urban heat islands;
J.
Protect existing development and improve upon it;
K.
Provide adequate public infrastructure and street and highway capacity;
L.
Encourage alternative modes of transportation and minimize the visual, physical and environmental impacts of a motor vehicle dominated transportation system;
M.
Minimize light pollution and the creation of sky glow;
N.
Recognize the physical, environmental, social and psychological benefits of good design of all aspects of the built environment including but not limited to building construction, site improvement, signs and landscaping;
O.
Foster a more rational pattern of relationship among agricultural, residential, business, commercial and manufacturing uses for the mutual benefit of all.
§ 500-1703 Applicability and additional zoning requirements.
This chapter shall function in harmony with Part 500-1500, Site Plan Review. In the event of a conflict, the stricter of the regulations shall apply.
A.
The following requirements are applicable to all new retail, office, commercial service buildings, institutional uses, and to additions, expansions, remodeling, reconstruction, and alterations of same as appropriate.
B.
With certain exceptions defined herein, the following requirements are also applicable to all new industrial uses, warehousing, public warehousing, manufacturing, and to additions, expansions, remodeling, reconstruction, and alterations of same as appropriate.
C.
In addition to the standards herein, all building development of 40,000 gross square feet of building area or greater shall also be conditional uses in the zoning districts in which they are allowed. A separate conditional use permit is not required where such buildings are part of a Planned Development District (PDD). All additions to existing buildings built either before or after the adoption of this chapter which bring the total building size to 40,000 gross square feet or greater shall also require a conditional use permit and become subject to the requirements of this chapter. Such projects shall also be subject to the more general standards for the approval of conditional use permits or PDD Districts.
D.
In addition to the standards herein, all building developments of 80,000 gross square feet of building area or greater shall also require creation of a PDD. All additions, remodeling, expansions, reconstruction, and alterations to existing building developments built either before or after the adoption of this chapter which bring the total development size to 80,000 gross square feet or greater shall also require creation of a PDD and become subject to the requirements of this chapter. Such projects shall also be subject to the more general standards for the approval of conditional use permits or PDD Districts.
§ 500-1704 Architectural standards.
[Amended 3-11-2020 by Ord. No. ZOA 2020-0001]
It is not the intent of this section to discourage innovation. An architectural and site design that does not conform with the specific requirements of this chapter, but which has merit by making a positive contribution to the visual environment and which is appropriate to the site and use, may be submitted for consideration as a meritorious exception by the Community Development Review Team (CDRT). A meritorious exception shall not be granted to serve as a convenience to the applicant, or for reasons related to economic hardship.
A.
Building materials.
(1)
Exterior building materials shall include masonry and be of comparable aesthetic quality on all sides.
[Amended 10-11-2023 by Ord. No. O-2023-13]
(2)
Building materials such as glass, brick, tinted and decorative concrete block, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as determined appropriate by the Community Development Director or his/her designee.
(3)
Decorative architectural metal with concealed fasteners, smooth face concrete block, and decorative tilt-up concrete panels are generally not desirable, but may be approved if the materials are incorporated into the overall design of the building and present an image of high quality and permanence.
B.
Building design.
(1)
The building exterior shall complement other buildings in the vicinity, and shall be of a design determined appropriate by the Village.
(2)
The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building.
(3)
Except as provided below, for retail, office, commercial service, and institutional developments, a minimum of 20% of the structure's facades that are visible from a public street shall incorporate wall plan projections or recesses with a depth of at least six feet. No uninterrupted facade shall extend more than 100 feet.
(a)
Exceptions:
[1]
Where the front facade of a building is not oriented toward a public street, the side or rear facade facing the public street, may at the discretion of the CDRT, be waived from the six-foot protrusion or recess offset requirement if, the facade complies with the architectural standards in Subsection B(7) below.
[2]
For buildings and additions less than 10,000 square feet in size, a minimum of 20% of the structure's facades that are visible from the street shall employ actual protrusions or recesses with a depth of at least four feet. No uninterrupted facade shall extend more than 60 feet.
(4)
For retail, office, commercial service, industrial and institutional developments, a minimum of 20% of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being proportional to the scale of the building, as measured eave to eave or parapet to parapet.
[Amended 10-11-2023 by Ord. No. O-2023-13]
(5)
Roofs with particular slopes may be required by the Village to complement existing buildings or otherwise establish a particular aesthetic objective.
(6)
Ground floor facades that face public streets shall have arcades (a series of outdoor spaces located under a roof or overhang and supported by columns or arches), display windows, entry areas, awnings, or other such features along no less than 50% of their horizontal length.
(a)
The integration of windows into building design is required, and shall be transparent, clear glass (not tinted) between three feet to eight feet above the walkway along any facades facing a public street. The use of blinds shall be acceptable where there is a desire for opacity. Alternative methods of screening shall be at the discretion of the CDRT.
(b)
Clear glass does not have to comply with, but may be used to meet, the 50% of the horizontal length requirement for facade enhancement.
(7)
Building elevations shall include a repeating pattern that includes no less than three of the following elements: (i) color change, (ii) texture change, (iii) material modular change, (iv) expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal or projecting rib or other architectural elements.
(a)
At least one of these elements shall repeat horizontally.
(b)
All elements shall repeat at intervals of no more than 40 feet, either horizontally or vertically. For the purpose of this section, "repeating horizontally" shall mean an architectural feature or element shall repeat along the horizontal plane of the facade such as repeating columns, etc.; "repeating vertically" for the purpose of this section shall mean an architectural feature or element shall repeat along the vertical plane such as a feature course on a brick/block wall, etc.
C.
Building entrances.
(1)
Public building entryways shall be clearly defined and highly visible on the building's exterior design, and shall be emphasized by on-site traffic flow patterns.
(a)
Two or more of the following design features shall be incorporated into all public building entryways: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, outdoor patios, display windows, distinct architectural details.
D.
Building color. For the purpose of building colors, the term facade includes the entire elevation of a particular side of a building, including roofs, as seen when viewing an architectural elevation drawing.
(1)
The exterior color scheme for primary and accessory structures shall utilize primarily muted, neutral, or earth tone type colors to unify and complement adjoining and nearby development.
(2)
Reflective colors and materials, as judged by the CDRT, shall not be permitted.
(3)
The primary use of bright, intense, or extreme colors as judged by the CDRT as not consistent with the adjoining developments or intended just to draw attention shall not be permitted in any zoning district. This regulation is not intended to prohibit the use of these colors for specifically approved architectural detailing as follows:
(a)
Colors that are not muted, neutral, or earth tone type colors may be applied to building trim and architectural accent elements, but shall be limited to a maximum of 20% of the square area of the building facade on which it is applied, or 500 square feet, whichever is lesser.
E.
Buildings on outlots. All buildings on outlots shall be of architectural quality comparable to the primary structure as determined by the Village.
§ 500-1705 Site design standards.
A.
Screening.
(1)
All ground-mounted and, at the discretion of the CDRT, wall-mounted mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior, to include a minimum of 50% masonry materials within the design.
[Amended 3-11-2020 by Ord. No. ZOA 2020-0001]
(a)
Refuse containers shall be generally located in the rear or interior of the development, not visible from adjacent streets. Approval of an alternative location shall be at the discretion of the Community Development Director or his/her designee.[1]
[Added 12-14-2016 by Ord. No. O-2016-16; amended 11-14-2018 by Ord. No. O-2018-12]
[1]
Editor's Note: Former Subsection A(1)(b), requiring screening to follow setback requirements, added 12-14-2016 by Ord. No. O-2016-16, was repealed 11-14-2018 by Ord. No. O-2018-12.
(b)
At the discretion of the CDRT, ground- and wall-mounted mechanical equipment may be screened through the use of landscaping, installed to create an effective screen at the time of planting.
[Added 10-11-2023 by Ord. No. O-2023-13]
(2)
All rooftop mechanical equipment and vents over eight inches in diameter or square dimension shall be screened by parapets, upper stories, or other areas of exterior walls or roofs at least one foot higher than the highest portion of the mechanical equipment and vent(s) so as to not be visible from public streets and residential areas.
(a)
Rooftop mechanical equipment and vents shall not be permitted to be individually screened; rather, all rooftop mechanical equipment and vents shall be screened in aggregate by utilizing one contiguous surround.
(b)
Fences or similar rooftop screening devices may not be used to meet this requirement.
(3)
Loading docks shall be completely screened from surrounding roads and properties.
B.
Parking.
(1)
Parking lots in which the number of spaces significantly exceeds the minimum number of parking spaces required in Part 500-1900, Off-Street Parking, of this chapter, shall be allowed only with specific and reasonable justification.
(2)
At the discretion of the Village and only with specific and reasonable justification, requests for developments of retail and commercial service facilities may be granted limited permission to construct a minimum of 80% of the required parking based on the following conditions:
(a)
The approved site plans shall reserve space for the additionally required 20% to be developed at a later date as may become necessary as determined by the Village, but shall be included for purposes of stormwater management design.
(b)
This reserved space shall be maintained as greenspace above and beyond the minimum required greenspace for the zoning district of the property.
(3)
Parking lot design shall employ interior, curbed landscaped islands at all parking aisle ends.
(4)
The project shall provide landscaped islands within each parking aisle spaced at intervals no greater than one island per every 20 spaces in that aisle. Islands at the ends of aisles shall count toward meeting this requirement.
(5)
Each required landscaped island shall be a minimum of 160 square feet in landscaped area.
(6)
Landscaped and curbed medians, a minimum of 10 feet in width from back-of-curb to back-of-curb, shall be used to create distinct parking areas of no more than 120 parking stalls.
(7)
For developments of 40,000 square feet or greater aggregate building size, parking lots shall be designed so that no more than 80% of the required parking for a building project shall be located between the front of the building and the abutting public street.
(a)
Such parking shall be screened from the public view by outlot development, landscaping and/or berms.
(8)
All parking and storage areas shall be maintained so that the pavement/hard surfacing is structurally sound, clean and free of dust, mud or trash and striped to Village standards. All pavement repair, striping, reconstruction, or restoration work shall be done in accordance with Village standards.
[Added 3-11-2020 by Ord. No. ZOA 2020-0001]
C.
Vehicular traffic facilities.
(1)
All projects shall have direct access to an arterial street, or to a collector level street deemed appropriate by the Village.
(2)
Vehicular access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety.
(a)
This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices; and sidewalks.
(3)
The site design shall provide direct connections to adjacent land uses if required by the Village.
D.
Bicycle and pedestrian facilities.
(1)
The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.
(2)
Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities.
(a)
For buildings 40,000 square feet or greater in area, the minimum width for sidewalks adjacent to buildings shall be 10 feet; and the minimum width for sidewalks elsewhere in the development shall be six feet.
(b)
For buildings less than 40,000 square feet in area, the minimum width for sidewalks adjacent to buildings shall be six feet; and the minimum width for sidewalks elsewhere in the development shall be five feet.
(3)
Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50% of their length. Such landscape shall match the landscaping used for the street frontages.
(4)
Crosswalks shall be distinguished from driving surfaces through the use of different pavement materials, pavement color or pavement textures in conjunction with signage to enhance pedestrian safety.
(5)
The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every 50 vehicle parking spaces.
(6)
The development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every 10,000 square feet of gross floor area.
(7)
For individual retail stores of 40,000 square feet or greater, the retailer shall provide interior pedestrian furniture in appropriate locations at a minimum rate of two seats for every 10,000 square feet of gross floor area.
(a)
Seating in food service areas, or other areas where food or merchandise purchasing activities occur, shall not count toward this requirement.
(b)
A minimum of four of the required seats shall be located within the store with a clear view through exit doors to a passenger pick-up or drop-off area.
E.
Central areas and features.
(1)
Each development of 80,000 square feet in total gross floor area or greater shall provide central area(s) or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other such deliberately designated areas or focal points that adequately enhance the development or community.
(2)
All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the building and remainder of the site, and shall be maintained over the life of the building project.
F.
Cart returns.
(1)
Where shopping cart use is anticipated, a minimum of one cart return area of 180 square feet shall be provided for every 100 parking spaces.
(2)
Cart corrals shall be of durable, non-rusting, all-season construction, and shall be designed and colored to be compatible with the building and parking lot light standards.
(3)
Cart corrals shall be properly maintained and kept in a neat and proper state of repair and appearance.
(4)
There shall be no exterior cart return or cart storage areas located within 25 feet of the building.
G.
Outdoor display areas.
(1)
Where permitted, the display areas shall be permitted only where depicted on the approved site plan.
(2)
All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of 10 feet.
(3)
Where permitted in a zoning district, display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives.
H.
Outdoor storage uses and areas.
(1)
Where permitted in a zoning district, exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan. Such outdoor storage uses and areas shall be appropriately screened.
I.
Natural resources protection. In general, existing natural features shall be integrated into the site design as a site and community amenity.
§ 500-1706 Landscaping and greenspace standards.
A.
Landscaping. On-site landscaping shall be provided at time of building occupancy and maintained per following landscaping requirements:
(1)
Landscaping plan shall be submitted to the Village for approval, as part of the site plan.
(3)
Building foundation landscaping is required for all building frontages in order to provide visual breaks in the mass of the building.
(a)
Such foundation landscaping shall be placed along 30% of the building's total perimeter, predominately near and along customer facades and entrances facing public streets.
(b)
One ornamental tree with a minimum 1.75 inches caliper and four shrubs at a minimum height of 18 inches tall shall be planted for every 25 linear feet of building foundation planter area.[2]
[2]
Editor's Note: Former Subsection A(3)(c), which named specific tree types, was repealed 11-14-2018 by Ord. No. O-2018-12.
(4)
One street tree a minimum of 1.75 inches caliper shall be planted at fifty-foot centers (for low- to mid-growth trees) and sixty-foot centers (for large-growth trees).
[Amended 11-14-2018 by Ord. No. O-2018-12]
(a)
Trees shall be located five feet behind the curb and four feet from sidewalk or sidewalk reserve area of all public and private streets and drives, including parking lot connections, circulation drives and loading areas (except as determined unfeasible by the Village Forester).
(b)
Such tree plantings shall be planted in along the circulation drives adjacent to the sides of the building that face a public or private street, along both sides of internal drives, and along the outside edge of loading areas.
(5)
One shade tree a minimum of 1.75-inch caliper shall be planted on each parking lot peninsula and island.
[Amended 11-14-2018 by Ord. No. O-2018-12]
(6)
Parking areas adjacent to public or private streets, existing residences or residentially zoned property, shall provide screening to minimize the visual impact of headlight glare.
[Added 10-11-2023 by Ord. No. O-2023-13[3]]
(a)
A combination of evergreen and deciduous trees and shrubs shall be planted at a minimum height of 36 inches to create an effective barrier throughout the full course of the year.
[3]
Editor's Note: This ordinance also redesignated former Subsection B(6) through B(11) as Subsection B(7) through B(12), respectively.
(7)
Coniferous trees must be a minimum of 48 inches in height at the time of planting.
[Amended 11-14-2018 by Ord. No. O-2018-12]
(8)
Unless approved by the Village Forester, all landscaped areas where low to mid growth trees are planted shall be a minimum of eight feet in diameter; all landscape areas where large shade trees are to be planted shall be a minimum of 10 feet in diameter.
(9)
For development exceeding 20,000 square feet in total gross floor area, and where the subject property abuts an area zoned or planned for residential or institutional, a minimum six-foot high berm shall be provided.
(a)
The berm shall be planted with a double row of white, green or blue spruce plantings, or similar species and varieties approved by the Village, spaced 15 feet on center.
(b)
Alternatively, a campus-style landscape area may be approved by the CDRT consisting of rolling terrain and mixed planting areas of native trees and shrubs and perennials which create an effective landscape buffer.
(10)
All required trees shall be allowed to grow to their natural size and shape with pruning only as necessary to maintain good tree health.
(11)
As part of the site plan review process, the Village Forester will determine the appropriateness of the landscape plan in its entirety and may make dimensional exceptions as necessary dependent on terrace widths, etc.
(12)
Landscaping shall be provided and maintained to aesthetically enhance the overall development.
[Added 3-11-2020 by Ord. No. ZOA 2020-0001]
(a)
Dead or terminally diseased plant materials, as determined by the Village Forester, shall be removed and replaced with healthy plant materials of comparable size and species that meet the original intent of the approved landscape design within 45 days upon determination, unless seasonal conditions prohibit removal and replacement. In such case, the removal and replacement shall occur within a reasonable period of time approved by the Village.
(b)
Failure to replace dead or terminally diseased plant materials within a reasonable period of time, as specified in Subsection A(11)(a) above, shall be considered a violation of the site plan approval and is subject to the enforcement and penalty provisions of this Code.
B.
Greenspace. All sites must maintain a minimum percentage of the total lot area as greenspace according to the following table:
Zoning District | B-1 | B-2 | B-3 | LI | HI | I-1 |
|---|---|---|---|---|---|---|
Percentage of greenspace required | 35% | 30% | 25% | 25% | 20% | 40% |
(1)
Special provisions pertaining to greenspace requirements:
(a)
Greenspace is that portion of the site which is not occupied by principal or accessory structures, or by parking areas, sidewalks, patios, driveways, or other vehicular travel paths or facilities.
(b)
Green areas reserved for stormwater management facilities may generally be counted towards greenspace calculations.
(c)
Areas located in floodways, floodplains, wetlands, or drainage corridors may or may not be counted towards the greenspace requirement depending on their location and relationship to the site plan.
(d)
Property which is part of a lot, but which could be subdivided for use as a separate building site may not be used towards meeting greenspace requirements.
§ 500-1707 Exterior lighting and illumination standards.
A.
The intent of the following standards is to mitigate the impact of exterior illumination related to development on surrounding properties, particularly in areas proximal to residential uses, while providing safe, healthy and visually attractive nighttime environments. In order to achieve that, good lighting design shall be practiced. Good lighting design is characterized by:
(1)
Illumination levels appropriate for the visual task.
(2)
Reasonably uniform illumination levels.
(3)
Reasonably uniform illumination levels on adjoining sites.
(4)
An absence of glare.
(5)
Dark Sky compliant installation of all outdoor luminaries.
(6)
Provision of appropriate illumination levels in all areas intended to be lit.
(7)
Minimal impact on adjacent and nearby property.
(8)
Consideration of the compatibility and aesthetics of illumination and the mechanical improvements that create it as those relate to surrounding properties and the character of the community.
B.
Lighting and illumination. In order to insure that appropriate lighting design as determined by the Village occurs, the following standards shall apply to all development, and to additions, expansions, remodeling, reconstruction, and alterations of same as appropriate. On-site exterior lighting shall be provided at time of building occupancy and maintained per the following exterior lighting requirements:
(1)
All exterior lighting fixtures shall be full cut-off luminaries as defined within Part 500-300 of the Village of Bellevue Zoning Code.
(2)
All such lighting shall be directed straight down to ensure no fugitive lighting occurs, to prevent glare, and to prevent illumination of the night sky.
(3)
Exceptions.
(a)
The Village may modify the cutoff fixture requirement for security lighting in areas where the exterior lights are not visible from a residential area or a public street.
(b)
Flag lighting. United States, Sovereign State Flags, State of Wisconsin and Village of Bellevue flags are exempt from the down-lighting requirement. All other flags shall be down-lit.
(c)
Low-wattage decorative type lighting, at the discretion of the CDRT.
(d)
Bases for parking lot lights may be located at the lot line provided that no part of the base extends into the public right-of-way.
(4)
Illumination of sites and improvements thereon shall be designed to avoid competition with illumination on adjoining or neighboring properties.
(5)
Illumination levels shall be appropriate for the intended improvement, area and/or function to be illuminated.
(a)
For all areas intended to be lit for safety and convenience (e.g., parking, drives, and pedestrian pathways), a minimum illumination level of 0.5 horizontal foot-candles, both initial and burn down shall be provided and maintained.
(6)
In general, illumination levels should follow the guidelines and recommendations of the IESNA.
(7)
In no event shall any exterior illumination exceed an average initial illumination level of 20.0 foot-candles for the surface to be illuminated unless approved otherwise by the Plan Commission as part of a conditional use permit.
(8)
The illumination uniformity ratio (the ratio of the average illumination to the minimum illumination) for the surface to be illuminated shall not exceed 5:1.
(a)
Exceptions. Car dealerships may increase the illumination uniformity ratio to a maximum of 6:1, thus allowing for higher illumination levels along the front display area.
(9)
The initial illumination level at the property line shall not exceed the following limitations above the ambient lighting conditions.
(a)
Adjacent to residentially zoned property illumination shall not exceed 0.05 horizontal foot-candles and 0.1 vertical foot-candles.
(b)
Adjacent to commercially or industrially zoned property illumination shall not exceed 2.0 horizontal foot-candles.
(c)
At the property line along the street right-of-way, when not proximal to residential on the opposite side of the street, illumination shall not exceed 15.0 horizontal foot-candles.
(d)
When proximal to residential on the opposite side of the street, illumination at the property line along the street right-of-way shall not exceed 1.0 horizontal foot-candle and 2.0 vertical foot-candles.
(10)
In no instance shall an outdoor lighting fixture be mounted or oriented such that the lighting element, refractor, prism, or light diffusive lens is visible from anywhere off-site.
(11)
The following shall be the maximum mounting height for the respective lighting fixture. The mounting height shall be measured from the surface to be illuminated to the bottom of the light fixture:
(a)
Parking lot light fixtures in lots containing 100 or fewer stalls: 21.0 feet.
(b)
Parking lot light fixtures in lots containing 101 to 200 stalls: 25.0 feet.
(c)
Parking lot light fixtures in lots containing 201 or more stalls: 31 feet.
(d)
Building or security lighting: 10.0 feet or as determined appropriate and consistent with the intent of this title by the CDRT.
(e)
Any other site lighting fixture: 15.0 feet or as determined appropriate and consistent with the intent of this title by the CDRT.
(12)
The color and design of pole lighting standards shall be compatible with the building and the Village's public lighting in the area, and shall be uniform throughout the entire development site.
(13)
Neon tubing and similar types of strip lighting is prohibited except as follows:
(a)
Neon tubing and similar types of strip lighting is only allowed where the light source is concealed by building elements and not visible from a residential area or public street.
(14)
Lighting intended to reflect off of building elements, components, amenities, or other items is prohibited.
(15)
A photometric plan and cut sheets for all proposed exterior fixtures shall be included with the application requirements of a site plan.
(a)
The photometric plan shall provide computer printout information that shows that the proposed lighting meets the requirements of the Code and shall include the uniformity ratios. Plans shall certify that design illumination is for initial luminance levels.
(b)
Exceptions. Architectural lighting may be approved separately by the Community Development Director or his/her designee.
§ 500-1708 Developer/owner provisions.
A.
Developer's agreement. The developer/owner shall enter into a development agreement with the Village, which shall include the following:
(1)
The provision for payment of the installation of all utilities including but not limited to water, storm water, sanitary sewer, and street infrastructure, and any other related appurtenance.
(2)
Payment of any applicable impact fees determined by the Village.
(3)
The provision for payment of off-site improvements as may be deemed necessary by the Village which shall be enumerated for purposes of the agreement.
(4)
The provision for maintenance of the stormwater management system. This may be in separate form for approval by the Public Works Director and also for separate recording purposes.
(5)
Prior to issuance of a building permit, the developer/owner shall provide a letter of credit (LOC) or a certified check for the purpose of ensuring completion of all site work, landscaping and other elements of the project visible from public streets according to Village-approved plans.
(a)
In the event the Village deems a condition of nonconformance exists, after providing the developer/owner written notice of the condition of nonconformance, and an opportunity of 30 days to cure the nonconforming condition(s), it shall be agreeable that the Village has the authority and discretion to correct the condition(s) of nonconformance via withdrawal(s) from the LOC for any and all costs associated with correcting the nonconforming condition(s).
(b)
The LOC shall originate from a standard form provided by the Village, executed between the developer and a reputable commercial lending institution, in which the Village shall be named as the sole beneficiary.
(c)
The LOC or certified check value shall be equal to 5% of the overall value of project construction for the first $500,000 of project construction value, plus an additional 3% of the overall value of project construction for the value of project construction above $500,000, or of the assessed project value, whichever is greater.
(d)
The LOC shall inure for a period of up to 24 months.
(e)
These prohibitions and encumbrances shall be implemented through the developer agreement and by the recording of a Village-approved deed restriction with the Brown County Register of Deeds prior to issuance of a building permit for development.
(6)
Prior to issuance of a building permit for the development of a building of 40,000 square feet or greater, or the addition to an existing building that will bring the aggregate square footage to 40,000 square feet or greater, the following shall also apply:
(a)
Developer/owner shall commit to a prohibition on privately imposed conditions on the vacating of existing site.
[1]
When a development falls under the jurisdiction and intent of this chapter and the building thereon is to be 40,000 square feet or greater in size, the Village shall herewith prohibit and the developer/owner shall be encumbered to the extent that no privately imposed limits may be placed on the property through conditions of sale or lease or any other manner on the type of reuse of the previously occupied building.
[2]
These prohibitions and encumbrances shall be implemented through the developer agreement and by the recording of a Village approved deed restriction with the Brown County Register of Deeds prior to issuance of a building permit for development.
(b)
Vacancy provision. Commencing on the first day following 24 months from the date the primary building is vacated or is no longer utilized to its lawful capability, the owner shall forfeit on a yearly basis to the Village a forever increasing sum of money as follows:
[1]
On the first day following 24 months, a fee of 1% of the assessed property value.
[2]
On the first day following 36 months, a fee of 2% of the assessed property value.
[3]
On the first day following 48 months, a fee of 3% of the assessed property value, and so on increasing by one additional percent with each new anniversary.
(c)
The provision that if a building is vacated, the developer/owner shall within 24 months, submit to the Village for approval a plan contemplating the removal or reuse of the facility. The time limit may be extended by the Village.
[1]
These prohibitions and encumbrances shall be implemented through the developer agreement and by the recording of a Village-approved deed restriction with the Brown County Register of Deeds prior to issuance of a building permit for development.
(d)
The provision to remove all signs and sign messages located on-site within 120 days after the primary building is no longer utilized to its lawful capability.
[1]
Based on their condition, design and construction, the Community Development Director or his/her designee shall have sole discretion to determine to what extent ground and free-standing sign structures shall be removed.
[2]
In all cases the sign content shall be removed which may necessitate replacing lexan panels or other rehabilitative efforts.
B.
A completed community impact analysis:
(1)
A detailed economic and fiscal impact analysis. Prior to development approval of developments 80,000 square feet or over, the applicant shall provide adequate funding to the Village to hire a consultant of its choice with appropriate experience to complete and present an economic and fiscal impact analysis that will identify and assess the impacts of the proposed project, including positive, negative, and indirect impacts. The impact statement shall include the following elements:
(a)
Estimate to what extent the project will adversely impact the Village for the provision of things such as police, fire, rescue and emergency services.
(b)
Proposed measures to mitigate adverse impacts and/or maximize positive impacts including provision of infrastructure or public services improvements sufficient to support the project. Any adverse impacts that cannot be mitigated shall be identified. Mitigation measures to be implemented by the applicant shall be identified.
(c)
Types of jobs created:
[1]
Number of full-time (40 hours per week) and part time (less than 40 hours per week) jobs created. For the project estimate the following using the table format below.
Type of Job | Number of Full-Time Positions (40+ hours per week) | Number of Part-Time Positions | Other Information |
|---|---|---|---|
1. | |||
2. | |||
3. |
(d)
Evaluate the market and financial feasibility of the project. Include a trade area analysis indicating the market proposed for the project and the area from which patrons will be attracted, and any plans for phased construction. Include any further market studies prepared for the project by the applicant.
(e)
Evaluate the impact of the proposed project on commercial vacancy rates in the Village of Bellevue and nearby sites.
(f)
Compare and evaluate the projected costs and benefits to the community resulting from the project including:
[1]
Projected costs arising from increased demand for and required improvements to public services and infrastructure;
[2]
Value of improvements to public services and infrastructure to be provided by the project;
[3]
Projected tax revenues to the Village of Bellevue to be generated by the project;
[4]
Projected impact of the project on land values (both residential and commercial) and potential loss or increase in tax revenues to the Village of Bellevue;
[5]
Short-term and long term projection of increased revenues to the Village of Bellevue, and costs resulting from the proposed project;
[6]
Estimate to what extent the proposed project would preclude higher value development on the site;
[7]
Projected lifespan of building;
[8]
Provide the written policies on corporate giving and volunteer participation in the community;
[9]
Define measured impacts of the proposed project based on the Village's Comprehensive Plan.
C.
Traffic impact analysis. Prior to approval of developments 40,000 square feet or greater, the Village may require a traffic impact analysis. If so, the applicant shall enter into a nonrefundable agreement that provides up-front funding to the Village to hire a consultant of its choice with appropriate experience to complete and present a traffic impact analysis following Wisconsin Department of Transportation District One guidelines.
(1)
The traffic impact analysis shall consider the parking lot 100% full for level of service analysis.
(2)
Where the project will cause off-site public roads, intersections, or interchanges to function below Level of Service C, as defined by the Institute of Transportation Engineers, the Village may deny the application, require a size reduction in the proposed development, or require that the developer construct and/or pay for required off-site improvements.
§ 500-1709 Use-specific development standards.
[Amended 12-14-2016 by Ord. No. O-2016-16; 10-11-2023 by Ord. No. O-2023-13; 7-26-2024 by Ord. No. O-2024-04]
Specific development standards are established as supplemental regulations that address unique characteristics of certain land uses. The standards and conditions listed below apply to both permitted and conditional uses, in addition to all other applicable regulations of this chapter. Standards shall apply in all zoning districts where the use in question is allowed, except where specific districts are specified.
A.
Automobile detailing/repair/service.
(1)
All vehicle repairs shall be conducted in a completely enclosed building.
(2)
All vehicles awaiting repair that will be kept on site over 24 hours shall be stored in a fully screened enclosure or inside an enclosed building.
(3)
Inoperable and/or unlicensed vehicles or equipment typically stored or displayed in a salvage yard or "junkyard" shall be stored in an enclosed building.
C.
[Rescinded on October 11, 2023 by Ordinance No. O-2023-13]
D.
Fire arm sales and service.
(1)
Firearms sales and service establishments shall be protected by a security system, as found acceptable by the Brown County Sheriff's Office;
(2)
All sales and service of firearms shall be conducted within a completely enclosed building;
(3)
All accessory uses, such as firing ranges and shooting galleries, if provided, shall be in completely enclosed buildings under circumstances that weapons can be fired as not to endanger any person or property and that the projectile is protected from leaving the structure, as found acceptable by the Brown County Sheriff's Office;
(4)
Firearms sales and service establishments shall meet all other requirements of the Municipal Code.
E.
Gas canopies.
(1)
The canopy structure shall be consistent with the principal building with respect to materials, massing and overall design.
(a)
Fascia of the canopy shall be finished to match the building material and color.
(b)
Columns shall be faced with the same architectural materials and color as the principal building.
(c)
A minimum of 25% of the cladding on the columns shall utilize architectural masonry consistent with the main building.
(2)
Striping, illuminated and non-illuminated panels shall not be permitted on the canopy.
F.
Hotels.
(2)
Vinyl siding shall not be utilized;
(3)
Outdoor storage, including storage of commercial vehicles and equipment shall be prohibited;
(4)
On-duty staff 24 hours per day, seven days a week shall be provided;
(5)
Guest room access shall be provided through interior hallways only. Exterior entrances shall not be allowed; and
(6)
Operation of a business from any guest room shall be prohibited.
G.
Manure storage facility.
H.
Nurseries, lawn and garden supply stores with landscape contracting as an accessory use.
I.
Permanent outdoor commercial display and sales. Any items, goods or seasonal merchandise directly related to the commercial use conducted inside the principal building, that are permanently displayed outside of the principal building for the purposes of sale to the general public shall meet the following requirements:
(1)
The outdoor commercial display shall be considered as part of an approved site plan, to be reviewed in accordance with Part 500-1500.
(2)
Outdoor display, sales and storage activities shall not be located in required parking spaces, drive aisles or within landscaped areas;
(3)
The location of the outdoor display, sales and storage shall not impede pedestrian walkways;
(4)
Associated with primary use. All permanent outdoor display and sales areas shall be associated with the primary use of the property;
(5)
Maximum area. The area used for permanent outdoor display and sales of materials shall not exceed 10% of the gross floor area of the corresponding commercial building. The following uses and activities are specifically exempt from this requirement, provided all other development standards are satisfied:
(a)
New or used automobile, boats, trailers and RV dealerships with outdoor vehicle or trailer display. The display of vehicles or trailers shall be approved as part of the overall site plan.
(6)
Outdoor display and sales areas for merchandise shall be clearly defined and screened from view from the right-of-way and adjacent properties by a fence a minimum of six feet in height and a landscape buffer strip of at least 10 feet in width.
(a)
Display of merchandise shall not extend above the fence.
(7)
Architectural elements, materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials, colors and elements on the building.
J.
Permanent outdoor storage.
(1)
All material not stored in a completely enclosed building shall be enclosed by a solid fence or wall which is six feet to 10 feet high and located on or inward from the established setback lines.
(2)
Architectural elements, materials, colors, and design of screening walls and/or fences shall conform to those used as predominant materials, colors and elements on the building.
(3)
Outdoor storage areas shall be fully enclosed and screened from view from the right-of-way and adjacent properties by a solid fence a minimum of six feet in height and a landscape buffer strip of at least 10 feet in width.
(a)
Storage of materials shall not extend above the approved fence or wall.
K.
Pawn shops and payday loan businesses.
(1)
No pawn shop or payday loan business may be open between the hours of 9:00 p.m. and 6:00 a.m.
(2)
Pawn shops and payday loan businesses shall be located a minimum of 5,000 feet from any other pawn shop and/or payday loan business;
(3)
Pawn shops and payday loan businesses shall be located a minimum of 150 feet from any residential district.
M.
Surface parking lots as a principal use.
(1)
Surface parking lots shall be considered as part of an approved site plan, to be reviewed in accordance with Part 500-1900.
(2)
The parking lot shall contain at least two access points.
(3)
To reduce the visual dominance of the surface parking lot, perimeter and interior landscaping shall be incorporated as follows:
(a)
The parking lot shall have a minimum ten-foot wide landscape buffer around the entire perimeter. Buffering techniques may include trees, shrubs, other plant materials, walls, earthen berms or a combination of these elements.
(b)
A mix of deciduous and evergreen trees is required to provide color and screening in the winter months. A minimum of 25% and maximum of 50% shall be evergreen trees.
(c)
Where parking lots abut residential districts, a twenty-five-foot wide buffer area shall be provided and shall include either plant material or a screening wall a minimum of four feet in height intended to buffer the view of parked cars and reduce the impact of headlights on nearby development.
(4)
Surface parking lots shall be arranged into blocks defined by pedestrian paths and landscape islands.
N.
Transient residential use. Transient residential uses are incompatible with the purpose of residential neighborhoods and one of the fundamental goals of planning and zoning is protecting residential neighborhoods. Therefore, while transient residential properties may provide additional lodging opportunities for visitors, such use is commercial in nature and can have a significant adverse impact on the appearance, safety and general welfare of surrounding neighborhoods. These impacts include, but are not limited to, increased noise, traffic, overcrowding, lack of parking and general deterioration of the basic nature, purpose and quality of a residential neighborhood. Therefore, these uses shall be subject to the following standards:
(1)
Once conditional use approval has been granted by the Bellevue Village Board the local representative shall document the names, home addresses and phone numbers of the occupants, the vehicle license plate numbers of all vehicles used by the occupants, and the date of the occupancy period. The above information must be available for Village inspection upon request. The local representative must be authorized by the owner of the dwelling to respond to occupant and neighborhood questions, concerns and complaints.
(2)
The occupancy period for any conditional use shall be less than 29 consecutive calendar days.
(3)
The number of occupants in any transient residential use shall not exceed the limits set forth in the State of Wisconsin Uniform Dwelling Code and other applicable county and Village of Bellevue housing regulations for residential structures based on the number of bedrooms within the unit. Each TRU shall specify the maximum number of occupants allowed.
(4)
A conditional use is issued to a specific owner of a transient residential use. No person or entity shall hold more than one conditional use. The conditional use shall be terminated when the permit holder sells or transfers the real property which was offered for transient residential use, except for a change in ownership where the title is held in survivorship, or transfers on the owner's death.
(5)
Availability of the transient residential use to the public shall not be advertised on site.
(6)
The administrative permit holder and/or registrant shall collect and remit the required hotel room tax as is required in Brown County and the Village of Bellevue.
(7)
The transient residential use shall not violate any applicable conditions, covenants, or other restrictions on real property.
(8)
Any conditional use granted by the Village may be subject to review on a yearly basis or when the Community Development Director or his/her designee or the Plan Commission has reason to believe that the regulations are not being adhered to or that there are problems associated with the transient residential use and/or conditional use that warrant review by the Plan Commission and the Bellevue Village Board.
(9)
Violations. Failure to comply with the CUP or transient room tax requirements shall constitute a violation of the provisions of this section. Disturbances or nuisances caused by the tenants of an approved transient residential use which violate the City Municipal Code or state law shall also constitute a violation.
(10)
Individuals intending to establish a Transient Residential Use (TRU) for a maximum of one time during the timeframe of April 10, 2025, to May 1, 2025, shall not be required to seek a conditional use for approval. An administrative application shall be submitted and reviewed and approved by Community Development Director or his/her designee. All other requirements shall remain the same.