Brodhead City Zoning Code
ARTICLE VI
Traffic Visibility, Loading, Parking and Access
§ 480-47 Traffic visibility.
A.
Vision setback at intersections of public streets.
(1)
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 25 feet from their intersection.
(2)
In situations where trees of large diameter, large numbers of trees, or some combination of these are present, this provision shall be construed to mean that a sufficient number of trees shall be removed so as to render an object such as a motor vehicle clearly visible across the vision clearance triangle from one street or road to another, the intent being to provide for the public safety, but it shall not necessarily be construed to mean that every tree in the vision clearance triangle must be removed.
B.
Exception. 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.
§ 480-48 Loading requirements.
A.
Loading space requirements. On every lot on which a new business, commercial or industrial use is hereafter established, off-street loading 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:
Use | Square Feet of Gross Floor Area | Required Off-Street Loading Spaces | |
|---|---|---|---|
School | 1 | ||
Hospital | Under 10,000 From 10,000 to 30,000 For each additional 30,000 or major fraction thereof | 1 1 1 additional | |
Funeral home | 1 | ||
Office, hotel, retail, service, wholesale, warehouse, manufacturing, processing or repairing uses | Under 10,000 From 10,000 to 25,000 From 25,001 to 40,000 From 40,001 to 60,000 From 60,001 to 100,000 For each additional 50,000 or major fraction thereof | 1 1 2 3 4 1 additional |
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. All loading areas shall be off-street and shall be located on the same lot as the building or use to be served. A loading area shall not be located less than 25 feet from any street right-of-way, nor less than 50 feet from a residential district unless within a building. Loading areas shall not occupy more than 1/2 the required front yard setback. 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.
D.
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.
E.
Size. An individual loading space shall be at least 12 feet wide by 70 feet long and have a minimum high clearance of 16 feet.
F.
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.
G.
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.
H.
Unlawful truck use. No truck or semitrailer, or part thereof, shall be used for the purpose of permanent storage of goods or material or for advertising purposes within the City. Use for a period in excess of two weeks for the purpose of storage or advertising shall, for the purpose of construction of this chapter, be deemed permanent use in violation of this chapter.
§ 480-49 Parking requirements.
The off-street parking provisions of this chapter shall apply to all buildings and structures erected after the effective date of this chapter. Accessory parking shall be according to the provisions of this article. Where an intensity of the use of any building structure or premises shall be increased, additional parking to match the increased intensity of use shall be provided, or wherever an existing building or structure is converted to a new use, parking shall be provided according to the requirements of the new use. All new nonresidential parking lots and all alterations of existing lots shall be subject to the approval of the Zoning Administrator. Requests for said parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations. In all districts, 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. Each off-street parking space shall open directly upon an aisle or driveway designed to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
B.
Design standards. Each parking space shall not be less than 180 square feet in area, 18 feet in length and 10 feet in width, exclusive of aisles and access drives. 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.
C.
Location.
(1)
All parking spaces required herein shall be located on the same lot with the building or use served, or may be located not to exceed 400 feet from the principal use.
(2)
No parking stall or parking lot driveway, except in residential districts, shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district, and no residential driveway shall be closer than eight feet from any lot line except on culs-de-sac.
(3)
Off-street parking in the Single-Family 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, providing the driveway conforms to the requirements in §§ 236-1 and 236-2 of the Code of the City of Brodhead.
D.
Surfacing. All off-street parking areas, except parking spaces accessory to a single-family or two-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 10 vehicles shall have the aisles and spaces clearly marked. Compacted stone or gravel may be used only with the approval of the Plan Commission. All parking lots 3,000 square feet or larger shall be internally drained with catch basins connected to a municipal storm sewer.
E.
Landscaping.
(1)
Screening of parking areas. When a required off-street parking area for six cars or more is located within, adjoining, or along a street line opposite a residential district or adjoining a public right-of-way in any district, there shall be a landscape barrier or fence of suitable material of not less than 3 1/2 feet nor more than six feet in height along such lot lines.
(2)
Location. Location of landscape areas, plant materials and protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the Zoning Administrator.
(3)
Plans. All plans for such proposed parking areas, at the discretion of the Zoning Administrator, 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 four 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 a minimum of one foot 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 parking facilities provided in residence districts.
(6)
Lighting. Any lighting used to illuminate off-street parking areas shall be shaded or diffused and be directed away from adjacent properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.
(7)
Street setback area. No parking shall be permitted between the street right-of-way line and the building setback line prevailing in the zone in which the proposed parking area is to be located. The resulting open area shall be planted in grass or otherwise landscaped to create a permanent green area.
F.
Curbs. 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.
Number of stalls. Number of parking stalls required are shown in the following table:
Use | Minimum Parking Required | |
|---|---|---|
Single-family dwellings, duplexes, one-bedroom apartments or efficiencies and mobile homes | 2 stalls for each dwelling unit | |
Multifamily dwellings (elderly housing exempted) | 2 stalls for each dwelling unit | |
Bed-and-breakfast establishments | 1 stall for each bed-and-breakfast room | |
Rest and nursing homes | 1 stall for every 5 beds, plus 1 stall for every 3 employees | |
Hotels, motels | 1 stall for each guest room, plus 1 stall for every 3 employees | |
Hospitals, clubs, lodges, lodging houses and boardinghouses | 1 stall for every 2 beds, plus 1 stall for every 3 employees | |
Sanitariums, institutions, rest and nursing homes | 1 stall for every 5 beds, plus 1 stall for every 3 employees | |
Medical and dental clinics | 8 stalls for each practitioner on the staff | |
Churches, theaters, auditoriums, community centers, vocational and night schools and other places of public assembly | 1 stall for every 5 seats | |
Colleges, secondary and elementary schools | 1 stall for each employee, plus 1 stall for each student automobile permitted | |
Restaurants, bars, places of entertainment and clubs | 1 stall for every 100 square feet of floor area | |
Manufacturing and processing plants, laboratories and warehouses | 1 stall for every 3 employees, plus sufficient stalls to accommodate all trucks and other vehicles used in connection with the business | |
Financial institutions, governmental and professional offices | 1 stall for every 200 square feet of floor area, plus 1 stall for every 2 employees | |
Funeral homes | 1 stall for every 5 seats | |
Bowling centers | 5 stalls for each lane | |
Retail stores and repair service shops | 1 stall for every 150 square feet of floor area | |
Shopping centers | 1 stall for every 100 square feet of floor area |
H.
Employee parking. In addition to the requirements in Subsection G, in all districts, except industrial, there shall be employee off-street parking provided at the ratio of one off-street parking space for each full-time employee unless otherwise specified. A "full-time employee" shall be one working 40 hours per week. Required parking spaces for part-time employees shall be arrived at by finding the equivalent hours of number of parking spaces needed for full-time employees based on hours worked. The number of employee parking spaces shall be based on employment at the time the building is erected, enlarged, structurally altered or changed to a higher classification use.
I.
Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply, as determined by the Zoning Administrator.
J.
Computing requirements. In computing the number of spaces required, the following rules shall govern:
(1)
"Floor space" shall mean the gross floor area of the specific use.
(2)
For structures containing more than one use, the required number of spaces shall be computed by adding the space required for each use.
(3)
Parking spaces are calculated according to the use of the parcel.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K.
Combined uses. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually, provided such uses are not operated during the same hours. The following conditions must be met for any joint use:
(1)
The proposed joint parking space is within 400 feet of the use it will serve.
(2)
The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
(3)
A properly drawn legal instrument approved by the Common Council, executed by the parties concerned, for joint use of off-street parking facilities shall be filed with the City Clerk-Treasurer. Said instrument may be a three-party agreement, including the City and all private parties involved. Such instrument shall first be approved by the City Attorney.
L.
Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in this Code, 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.
M.
Changes in buildings or use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 25% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50% or more in the floor area, said building or use shall then comply with the parking requirements set forth in the district in which it is located.
N.
Off-lot parking.
(1)
Required off-street parking spaces shall be located on the same lot with the principal use, or such parking spaces may be located off lot, provided the parking spaces are located in the same district and not over 400 feet from the principal use. In cases where off-street parking facilities are permitted on land other than the same lot as the principal use, such facilities shall be in the same possession as the lot occupied by the use to which the parking facilities are necessary or in the possession of the controller of the principal use to which the parking facilities are accessory. Such possession shall be by deed whereby the owner of the land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the appropriate county register of deeds office requiring such owner, his heirs or assigns to maintain the required facilities for the duration of the use served.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 400 feet of the entrance of the establishment.
(3)
Accessory parking may be located in residential districts, provided that said lots or property are 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.
O.
Signs. Signs located in parking areas necessary for orderly operation of traffic movement shall be permitted in addition to others permitted in this chapter.
P.
Reduction of parking areas. Off-street parking spaces shall not be reduced in number unless said number exceeds the requirement set forth herein.
§ 480-50 Highway access.
A.
Highway access. 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. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps). No driveway openings shall be permitted within 100 feet of the intersection of an arterial street right-of-way line.
B.
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.
C.
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.
§ 480-51 Off-street parking restrictions in residential areas.
A.
Where permitted. Unless the district regulations provide otherwise, off-street vehicle parking is permitted in the following yards of property in a residentially zoned district:
(1)
A rear yard.
(2)
A side yard not adjoining a street.
(3)
A front yard, but only on one paved or graveled driveway not exceeding 24 feet in width and for not more than three vehicles parked not nearer than five feet to a front property line or three feet to a side lot line.
B.
Additional permitted areas. Regardless of the provisions of Subsection A above, the Common Council may permit off-street vehicle parking in any yard of a residential development where the overall housing plan and design for such development, in the judgment of the Common Council, is substantially improved thereby, as compared to where off-street parking is limited by Subsection A above, and where sole access from such development is to local and collector streets. In this subsection, "substantially improved" means a substantial increase in the value of the property. Such permission shall be granted only after a conditional use proceeding under Article IV of this chapter. No such permission shall be granted for any residential development which is adjacent to either a public right-of-way or other residences, unless sufficient and suitable screening is provided so as to prevent, to as great a degree as practicable, direct view of such off-street parking areas from such adjacent areas.
C.
Vehicle limitations.
(1)
In a residential district, accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants or employees and not more than two trucks limited to one-ton capacity.
(2)
Heavy vehicles; permits.
[Amended 9-14-2015]
(a)
Parking on residential lots. No motor vehicle or trailer with an empty weight in excess of 12,000 pounds, or over 18 feet in length, or having a height of more than eight feet from the roadway, including semitractors or semitrailers, shall be parked or stored on a residential lot, except when loading, unloading or rendering a service.
(b)
Exception. Notwithstanding Subsection C(2)(a), the Police Department may issue a semitractor, not trailer, a special heavy traffic parking permit for the period of October 1 through April 1 for a fee in the amount of $50 per period, payable at the time of issuance or renewal thereof, which will allow said vehicle to be parked on a residential driveway, provided that the following criteria are met:
[1]
The neighbors or adjacent properties within 70 feet of the boundaries of the subject property do not object to the issuance of the special heavy truck parking permit. If 51% or more of the neighboring or adjacent properties do not object to the issuance of the special heavy traffic parking permit within 15 calendar days of their notification for requests for objections or allowance of the special heavy traffic parking permit, then the Police Department shall issue the permit, provided that all criteria and provisions are met in this Subsection C(2)(b). If, however, 51% or more of the neighbors or adjacent properties do object, in writing, to the issuance of the special heavy traffic parking permit within 15 calendar days of their notification for requests for objections or allowance of the special heavy traffic parking permit, then the Police Department shall deny the permit request;
[2]
The Public Works Department does not object to the issuance of the special heavy traffic parking permit;
[3]
The City utilities do not object to the issuance of the special heavy traffic parking permit;
[4]
The Police Department does not object to the issuance of the special heavy traffic parking permit; and
[5]
The semitractor must be parked on a driveway on a residential lot which is either paved or graveled, and if the semitractor is driven off a designated heavy traffic route to reach the location of the residential driveway, the shortest route must be taken to the location of the driveway.
(c)
Enforcement. Violations of permit provisions of Subsection C(2)(b) shall be investigated by the Police Department. In addition to the penalties and remedies available as set forth in §§ 1-4 and 480-99 of the Code, violations of permit provisions may result in suspension or revocation of permit. Suspension or revocation of a permit is not grounds for the refund of the permit fee. If any utilities are damaged by the permit holder due to the semitractor parking on his or her driveway, it is the responsibility of the permit holder for payment of all costs associated with fixing the damage to the utilities.
(d)
Renewal. Complaints made by neighbors in regard to previously issued permits shall be considered upon renewal of said permit.
(e)
Applicability. Subsections C(2)(a) through (d) do not apply to vans, pickup trucks, and sport utility vehicles, even if such van, pickup truck, or sport utility vehicle is licensed as a truck. Such vehicles may be parked on a residential lot. This section does not apply to recreational vehicles, trailers, travel trailers, fifth wheel travel trailers, motor homes, and boats otherwise parked in accordance with this section.
(3)
All vehicles parked on a residential lot shall be in condition for safe and effective performance of the function for which they are designed.
(4)
All motor vehicles parked on a residential lot shall display current license plates.