(a)

No obstructions, such as structures, parking, or vegetation, shall be permitted in any district, with the exception of the B-3 Central Business District, between the heights of two and one-half feet and ten feet above the plane through the mean curb grades (see Illustration No. 3) within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from the intersection. (See Illustration No. 4). For structures, parking or vegetation in the B-3 Central Business District, the vision triangle may be required by the Plan Commission, as reviewed and determined on a case-by-case basis. When making its determination of whether or not to require a vision triangle in the B-3 Central Business District, the plan commission shall consider the following: (i) age and historic nature of the property and structures located thereon; (ii) density of buildings on property and adjacent to the property on which the vision triangle is being considered; and (iii) traffic site lines, speed limits in area of proposed vision triangle, and related traffic safety considerations.

(b)

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distance establishing the triangular vision clearance space shall be increased to 50 feet. (See Illustration No. 4.)

(Ord. No. 2022-15, § 1, 9-26-22)

On every lot on which a business, trade, or industrial use is hereafter established, space width 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:

(a)

Required spaces. The number of loading and unloading spaces required are as follows:

For each additional 74,000 square feet (or fraction thereof) of gross floor area, one additional loading and unloading space shall be provided.

(b)

Each loading and unloading space shall have access to a public dedicated street or alley.

(c)

The minimum area for each loading and unloading space, excluding the area needed to maneuver, shall be 250 square feet.

(d)

At no time shall any part of a truck or van be allowed to extend into the right-of-way of a public thoroughfare while the truck or van is being loaded or unloaded.

In all districts and in connection with every use, 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)

Permit required. All parking areas which are constructed, resurfaced, reconstructed, expanded, or extended subsequent to the adoption of this chapter shall obtain a parking lot permit after review of the proposed parking site plan by the city plan commission, in accordance with article F of this ordinance.

(b)

Access. Adequate access to a public street shall be provided for each parking space, and driveways shall be at least ten feet wide for one and two family dwellings and a minimum of 24 feet wide for all other areas.

(c)

Size. Size of each parking space shall be not less than 180 square feet, laid out in ten feet wide by 18 feet deep configuration, exclusive of the space required for ingress and egress. Refer to subsection (g) below for stall sizes related to parking spaces for use by physically handicapped persons. This minimum required stall size and configuration standard may be waived or modified by the plan commission where it has been determined that the unique circumstances of a particular site suggest that stalls may be safely and effectively offered under alternative size or configuration arrangements.

(d)

Exceptions. Off-street parking, subject to the following exceptions, is permitted in all yards of all districts, but shall not be closer than 25 feet to the right-of-way of streets in a residential district when abutting a residential district. No truck, trailer, wagon, vehicular equipment, or similar vehicles of a commercial nature [exceeding 30 feet in length] may be parked regularly in any yard, except where permitted as a use in an industrial or business district, and in no event may sales or storage activities be conducted from such vehicles, trailers, or wagons.

(e)

On-lot location. Location of off-street parking shall be on the same lot as the principal use or not over 400 feet from the principal use.

(f)

Parking lot surfacing and landscaping improvement standards.

(1)

Purpose. The requirements in this Subsection are intended to recognize both the function and visual importance of parking areas and the public benefits resulting from well-designed and landscaped parking areas, which include an enhanced visual appearance, minimizing stormwater runoff, moderating the microclimate and reducing nuisances such as noise and glare.

(2)

Affected parking areas. These improvement standards shall be applicable to the following:

a.

New parking lots for four or more vehicles in all zoning districts except single-family and two-family districts.

b.

Existing parking lots, including those located in the B-3 Central Business Districts, which are proposed to be increased in area by four or more vehicle spaces shall be subject to these requirements for the expansion area, and for the prior existing area.

c.

Existing parking lots for four or more vehicles serving an existing building proposed for improvements exceeding 50 percent of its value, or buildings undergoing additions that will increase their floor area by more than 50 percent.

d.

Unpaved existing parking lots for four or more vehicles which are proposed for paving, in all zoning districts except single-family and two-family districts.

e.

New parking lots serving residential uses in the B-3 Central Business District.

f.

Exclusions. These requirements shall not apply to the resurfacing of existing paved parking lots or to parking areas for existing buildings in the B-3 zoning district proposed in connection with additions to the buildings of less than 50 percent of the building's floor area, provided parking area expansion is less than four parking spaces.

(3)

Landscaping. All off-street parking areas described in this subsection, except parking areas in the CEG Community Exhibition District, which are built or redesigned and rebuilt subsequent to August 13, 1990, shall be provided with accessory landscape areas as provided in these specific requirements:

a.

Perimeter and interior lot line greenbelts. A perimeter greenbelt of at least five feet in width shall be installed along the street frontage and along all interior lot lines. Perimeter edges should be landscaped with a combination of plant material and earth berming whenever possible. Perimeter greenbelt landscaping may be omitted along side lot lines which have shared driveways with adjacent lots. The omitted area is limited to that portion from the street to the required minimum building setback line or as necessary to accommodate access cuts.

b.

Additional interior greenspace. The interior of parking lots shall be provided with landscape areas consisting of at least four percent of the total surface parking area, plus one tree for each ten spaces shall be installed. Existing trees may be used to comply with this requirement.

c.

Location. Interior landscape plantings may be located in protected areas such as along walkways, in center islands, in end islands, or between parking stalls. Rows of parking spaces shall be broken by a landscape island at the rate of one island for each linear row of 12 parking spaces for single row configurations, or for each 24 parking spaces in double row configurations. Perimeter edge screening and berming should be limited in height to allow a line of sight to the building and not obstruct sight distance at entry drives.

d.

Landscape materials. Landscape materials may include shrubs, hardy flowering trees and/or decorative evergreen and deciduous trees. New trees shall have a minimum caliper of two inches to two and one-half inches for canopy trees. The area around trees and planting beds shall be planted with shrubs or ground cover and covered with mulch, bark or appropriate landscape stones.

e.

Landscape requirements for parking areas in the CEG Community Exhibition District shall be determined on a case-by-case basis by the plan commission at the time of site plan approval.

(4)

Surfacing, curbing, storm sewers. Parking areas subject to these requirements shall be surfaced with bituminous or Portland cement concrete pavement or concrete pavers in accordance with the City of Cedarburg standards and specifications. Concrete curbing shall be installed as a border along all pavement edges, except for parking areas in the CEG Community Exhibition District, and shall conform to city standards. Concrete curbing requirements in the CEG Community Exhibition District shall be determined by the plan commission on a case-by-case basis at the time of site plan approval. As an option, wheel stops may be installed instead of curbing along peripheral edges if curbs are not required for stormwater control. Parking areas shall be graded and storm sewers may be installed, as required by the city engineer, to manage storm water runoff. Pavement marking shall be provided to delineate each parking space.

(5)

Procedures.

a.

Prior to commencing construction, a parking lot building permit shall be obtained from the building inspector for a fee in accordance with article K of the Zoning Code. Prior to obtaining a parking lot building permit, a parking lot site plan shall be approved.

b.

The parking lot site plan shall be prepared in accord with adopted site plan guidelines and shall include proposed landscaping features, indicating the location, size and species of proposed landscaping, and shall also show existing trees and landscaping to be retained. The parking lot site plan requirements under this section may be incorporated into a master site plan for initial approval of a project.

c.

If the total parking lot includes more than ten spaces, the parking lot site plan shall be approved by the plan commission. If ten spaces or less, approval shall be by city staff.

(g)

Parking spaces for use by physically handicapped persons. All open off-street parking areas providing more than 25 parking spaces, except for parking areas restricted to use by employees only, shall provide parking spaces use by motor vehicles which transport physically disabled persons, in accordance with the following minimum standards:

(1)

One parking space shall be provided in parking areas containing 26 to 49 spaces.

(2)

Two percent of the total number of spaces shall be provided in parking areas containing 50 to 1,000 spaces.

(3)

In addition to the number of spaces required in this section, one percent of each 1,000 spaces over the first 1,000 spaces shall be provided for physically disabled parking.

(4)

The minimum dimensions for all parking spaces provided for use by physically disabled persons shall be 12 feet by 18 feet.

(5)

Parking spaces provided for the use of physically disabled persons shall be located as close as possible to an entrance which allows such persons to enter and leave the parking area without assistance.

(6)

All parking spaces provided for the use of physically disabled persons shall be marked with a sign which includes the international symbol for barrier free environments and a statement informing the public that the parking space is reserved for use by physically disabled persons. Such signs shall comply with the requirements of Wis. Stats. §§ 346.50, 346.503, and 346.505.

(h)

Building enlargement. In all districts, except for nonresidential uses occupying buildings in the B-3 Central Business District, which buildings were existing at the time of the adoption of this chapter amendment, there shall be provided at the time any use or building is occupied, erected, enlarged, or increased off-street parking spaces for all vehicles, in accordance with the requirements of this section. Enlargement of existing buildings which do not exceed 50 percent of the gross floor area of the existing building shall provide additional off-street parking to accommodate the enlargement area as required herein. Enlargements to existing buildings which exceed 50 percent of the gross floor area of the existing building at the time of the effective date of this ordinance shall provide off-street parking to accommodate both the existing building and enlargement area as required herein. Residential uses within the B-3 Central Business District shall be required to meet the off-street parking requirements. Reference to "the work shift with the largest number of employees" means the maximum number of persons which may be accommodated by the use as determined under state and local building code regulations. In the case of structures or uses not specified in this chapter, the number of spaces specified for a use which is similar shall apply. In developments involving the establishment of two or more uses on one lot or parcel, the number of spaces required for each use shall determine the total number of spaces required. Consideration shall be given to fire department access when determining the location of off-street parking spaces. (See the City of Cedarburg Fire Prevention and Protection Code.)

(1)

Residential uses.

a.

Single-family dwellings and two family dwellings. Two spaces per dwelling unit.

b.

Multiple-family dwellings. One and one-half spaces per dwelling unit.

c.

Housing for the elderly. One-half space per dwelling unit.

(2)

Retail sales and customer services uses, and places of entertainment as set forth below. One space per 150 square feet of gross floor area of customer sales and services, plus one space per 200 square feet of storage and/or office gross floor area. Other retail sales and customer services uses and places of entertainment.

a.

Financial institutions. One space per 200 square feet of gross floor area, plus one space per every two employees for the work shift with the largest number of employees. Financial institutions with a drive-through service facility should provide sufficient space for a minimum of four waiting vehicles at each drive-through service lane.

b.

Funeral homes. One space per four patron seats of maximum capacity, or 35 spaces per chapel unit, whichever is greater.

c.

Grocery stores or supermarkets. One space per 100 square feet of gross floor area of customer sales and service plus one space per 200 square feet of storage and/or office gross floor area.

d.

Motels and hotels. One space per room or suite, plus one space per every two employees for the work shift with the largest number of employees, plus one space per three persons of maximum capacity of each public meeting and/or banquet room.

e.

Lodges and clubs. One space per three persons based on the maximum capacity of the facility.

f.

Repair services. One space per 300 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

g.

Restaurant, standard. One space per 150 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.

h.

Restaurant, drive-in. One space per 50 square feet of gross floor area, plus one space per two employees for the work shift with the largest number of employees. Sufficient space shall be provided for a minimum of four waiting vehicles at each drive-through.

i.

Theaters, auditoriums, and other places of public assembly. One space per three patrons based on the maximum capacity of the facility.

j.

Personal services. One space per 200 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.

k.

Convenience grocery stores. One space per 50 square feet of gross floor area.

l.

Taverns, dance halls, night clubs, and lounges. One space per 100 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.

m.

Motor vehicle sales establishments. Two customer parking spaces per salesperson for the work shift with the largest number of salespersons, plus one employee parking space per employee (including salespersons) for the work shift with the largest number of employees.

n.

Motor vehicle repair, maintenance, and service stations. Three spaces per indoor service bay plus one space per employee for the work shift with the largest number of employees.

o.

Animal hospitals. Three patron parking spaces per doctor, plus one employee parking space for the work shift with the largest number of employees.

p.

Plant nurseries and garden and lawn supply sales establishments. One space per 200 square feet of gross floor area of inside sales or display, plus one space per 500 square feet of gross outside sales or display area, plus one space per employee for the work shift with the largest number of employees.

q.

Shopping centers [gross leasable area of at least 30,000 square feet]. Five and one-half spaces per 1,000 square feet of gross leasable area.

(3)

Offices.

a.

Medical, dental, and similar professional health service offices. Five patron parking spaces per doctor, plus one parking space per employee for the work shift with the largest number of employees.

b.

Government, professional, and business offices. One space per 200 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.

(4)

Commercial/recreational uses (except as specifically set forth below). One space per four patrons based on the maximum capacity of the facility, plus one space per two employees for the work shift with the largest number of employees.

a.

Bowling alleys. Five spaces for each lane, plus one space per employee for the work shift with the largest number of employees.

b.

Golf courses. Ninety spaces per nine holes, plus one space per employee for the work shift with the largest number of employees.

c.

Golf driving ranges. One space per tee, plus one space per employee for the work shift with the largest number of employees.

d.

Indoor tennis, racquetball, and handball courts. Three spaces per court, plus one space per employee for the work shift with the largest number of employees.

e.

Miniature golf courses. One and one-half spaces per hole, plus one space per employee for the work shift with the largest number of employees.

f.

Skating rinks, ice or roller. One space per 200 square feet of gross floor area.

(5)

Industry and related uses.

a.

Manufacturing, processing, fabrication, and storage operations. One space per employee for the two consecutive work shifts with the largest number of employees.

b.

Wholesale business. One space per employee for the work shift with the largest number of employees, plus one space per 2,500 square feet of gross floor area.

c.

Warehouse. One space per employee for the work shift with the largest number of employees, plus one space per 5,000 square feet of gross floor area.

d.

Mini-warehouse. One space per ten storage cubicles.

e.

Extractive and related operations. One space per employee for the work shift with the largest number of employees.

(6)

Institutional and related uses.

a.

Churches. One space per three seats based on the maximum capacity of the facility.

b.

Libraries. One space per 500 square feet of gross floor area.

c.

Museums. One space per 250 square feet of gross floor area, plus one space per employee for the work shift with the largest number of employees.

d.

Rooming and boarding houses, fraternity and sorority houses, dormitories, and rectories. One space per bed.

e.

Convents and monasteries. One space per three residents, plus one space per employee for the work shift with the largest number of employees, plus one space per five chapel seats if the public may attend.

f.

Nursing homes. One space per three patient beds, plus one space per employee for the work shift with the largest number of employees.

g.

Hospitals. Two spaces per three patient beds, plus one space per employee for the work shift with the largest number of employees.

h.

Schools.

1.

Elementary schools and high schools. One space for each teacher and staff member, plus one space for each ten students 16 years of age and older.

2.

Colleges, universities, and trade schools. One space for each teacher and staff member during the highest class attendance period, plus one space for each two students during the highest attendance period.

3.

Children's nursery schools or day schools. One space per employee for the work shift with the largest number of employees, plus one space per six students at the highest class attendance period.

(i)

Recreational vehicle parking and storage.

a.

Not more than one recreational vehicle, camper trailer, camper bus, snowmobiles on a trailer or boat on a trailer exceeding 35' in length may be parked regularly on the driveway of a lot in a residential district except within a garage or other enclosed storage structure or except for the period extending from April 15 to October 31 of each year when it may be parked unenclosed on the driveway of a lot in a residential district, provided it is in actual use during such period and not merely being stored, and that when parked it is sufficiently far from the street as to not interfere with the view of operators of vehicles on the street, or an adjacent intersection.

b.

Open storage of any such vehicle may be permitted at any time with the approval of the city planner and/or building inspector if such vehicle is effectively shielded from normal observation from the street or adjacent properties by landscaping, walls or fencing, and provided such storage is not between any portion of the building and an abutting street. No such permitted storage shall by reason of the permissive grant have any future claim to legal nonconforming use rights and such permissive grant may be rescinded at any time for due cause.

c.

Not more than one recreational vehicle, camper trailer, camper bus, snowmobiles on a trailer, boat on a trailer of less than 35' in length shall be parked at the same time on any parcel or lot. Such vehicle or trailer shall be parked either on the driveway or on a paved off-street parking space that is not between any portion of the building and an abutting street. Such vehicle or trailer shall be parked so that it does not extend over any portion of the public sidewalk of street right-of-way. Parking of these vehicles shall at all times be closer to the principle residence than an adjoining property line. Furthermore, such parking shall be restricted to vehicles owned by the resident on the property upon which the vehicle is parked.

d.

Parking or storage of a vehicle as permitted above does not authorize the use of any such vehicle for human habitation, including but not limited to, sleeping, eating, resting or entertaining and such habitation is a violation of this ordinance.

(Ord. No. 2008-12; Ord. No. 2009-12; Ord. No. 2014-15; Ord. No. 2025-25, § 1, 6-9-25)

(a)

Purpose. The purpose of this section is to allow adjustments to the minimum number of parking spaces required to avoid constructing unneeded and excessive off-street parking facilities. Reducing the amount of excess off-street parking facilities is intended to provide for more cost-efficient site development, to eliminate constructing more impervious surface than necessary, to minimize stormwater runoff, to avoid construction of unnecessarily large stormwater management facilities, and to provide more landscape areas and open space on commercial and industrial sties. To achieve these purposes, the plan commission may reduce the minimum number of required off-street parking spaces in specific cases as described in this section.

(b)

Adjustments. In all commercial and industrial districts, the minimum number of required parking spaces may be adjusted by the plan commission on a case-by-case basis. The petitioner for such an adjustment shall show to the satisfaction of the plan commission that adequate parking will be provided for customers, clients, visitors, and employees. The following provisions and factors shall be used as a basis to adjust parking requirements:

(1)

Evidence that actual parking demands will be less than ordinance requirements. The petitioner shall submit written documentation and data to the satisfaction of the plan commission that the operation will require less parking than the ordinance requires.

(2)

Availability of shared parking. The petitioner shall submit written documentation to the satisfaction of the plan commission that off-site shared parking spaces are available to satisfy the parking demand. When a reduction of parking spaces attributable to shared parking is requested, the petitioner shall submit written verification that such parking is available and shall include copies of any contracts, joint lease agreements, purchase agreements, and other such documentation to show that such shared parking can be accomplished. The city attorney shall provide an opinion designating the method by which the required shared parking shall be provided. The off-site shared parking spaces shall be clearly posted for the joint use of employees, and/or tenants, or customers of each respective use those spaces.

(3)

Use of on-street parking for visitors. Available nearby on-street parking may be counted toward visitor parking needs. This may only be allowed when on-street parking is permitted in a specific location, and then only when such on-street parking spaces are within 250 feet of the entrance they are intended to serve.

(4)

Use of alternative transportation. Upon demonstration to the plan commission that effective alternative transportation to the automobile will occur, the plan commission may reduce parking requirements. Alternative transportation may include, but is not limited to, bus transit, van pool operations, car pool/ride sharing, and bicycles. Parking management plans/operations may also be used as a basis to reduce required parking. Parking management plans may include, but are not limited to, flexible working hours, or shifts, preferential parking for car pools/van pools, transit/van pool fare subsidy, imposition of a charge for parking, and establishment of a transportation coordinator to implement car pool, van pool, and transit programs. Proposals for adjustments of parking requirements under this section shall show how the alternative transportation modes will be implemented, the permanency of such modes, extent of the program, the number of vehicles the mode will replace, and other pertinent information.

(c)

Space to be set aside for reduced parking. The site plan for the commercial or industrial use shall be designed to provide sufficient open space on the subject site to accommodate the additional parking spaces otherwise required by this ordinance. Such open space shall be in addition to required yards, setbacks, driveways, private streets, loading, and service areas. Sufficient open space shall be provided which, if converted to parking spaces, would provide off-street parking to meet the full requirements of this Chapter at the time of application.

(d)

Changes in occupancy or use. When the use of a building, structure, or land is changed to another use or occupant that requires more parking spaces than required for the use existing immediately prior to such change, additional parking spaces shall be constructed for the new use or occupant in the amount necessary to conform to this chapter.

(e)

Changes in intensity of use. When the intensity of use of a building, structure or land is increased by an addition of employees, gross floor area, seating capacity, or other unit of measurement, additional parking spaces shall be constructed for such additions in the amount necessary to conform to this chapter.

Except for the paving of existing driveways existing at the time of the effective date of this Chapter, all driveways installed, altered, changed, replaced, or extended after the effective date of this ordinance shall meet the following requirements:

(a)

Islands between drive approach openings shall be provided with a minimum of four feet between all driveway approaches. Islands shall not be required between lots abutting a cul-de-sac or between vacant substandard lots meeting the minimum requirements set forth in section 13-1-107 of this chapter. Driveways in standard lots shall have a minimum offset of three feet from the lot line. Existing driveways in the Rs-5 and Rs-6 Zoning Districts, which are closer than three feet from the side lot line, may be replaced in the same location.

(b)

The maximum width of driveway openings in single-family and two-family residential districts are determined based on the size of the garage on the subject lot. Driveway widths for one-and two-car garages shall not exceed 18 feet in width at the right-of-way line in single- and two-family districts. Driveway widths for three-car and larger garages shall not exceed 24 feet in width at the right-of-way line in single- and two-family districts. Driveway openings in all other districts shall not exceed 30 feet in width at the right-of-way line and 35 feet in width at the curb line or edge of pavement, unless required to be wider by the city plan commission.

(c)

Vehicular entrances and exits to drive-in banks; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall not be less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter, or other place of public assembly.

(d)

Surfacing. All one or two family homes either completed or occupied for the first time after December 8, 1980, shall be required to have an approved hard-surfaced driveway installed within one year or the following construction season after occupancy.

(Ord. No. 90-49; Ord. No. 2000-33)

No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, or 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 the following:

(a)

Freeways, interstate highways, and their interchanges or turning lanes nor to intersecting or interchanging streets within 115 feet of the most remote end of the taper of the turning lanes.

(b)

Arterial streets intersecting another arterial street within 115 feet of the intersection of the right-of-way lines.

(c)

Local streets intersecting arterial streets within 50 feet of the intersection of the right-of-way lines.

(d)

Local streets intersecting local streets within 30 feet of the intersection of the right-of-way lines.

(e)

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.

(f)

Temporary access to the above rights-of-way may be granted by the board of public works after review and recommendation by the highway agencies having jurisdiction. Such access shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.

(g)

Driveway spacing along existing and planned arterial streets or highways, as identified in the adopted city master plan or component thereof, shall be determined as a function of arterial street or highway operating speed. Where adequate lot width permits, the minimum spacing between arterial street or highway access drives shall be determined by the following schedule:

ARTERIAL STREET OR HIGHWAY OPERATING
SPEED AND MINIMUM SPACING BETWEEN
DIRECT-ACCESS DRIVEWAYS