Jefferson Jefferson County
City Zoning Code
City Zoning Code
ARTICLE VI
Performance Standards
§ 300-6.01 Purpose.
The purpose of this article is to indicate the standards and minimum requirements for vehicle, bicycle, and pedestrian access; visibility; off-street parking and traffic circulation; off-street loading; exterior lighting; exterior storage; vibration, noise, air pollutions, odor, glare, fire, toxic/hazardous materials, and noise standards; fencing; swimming pools; vacant buildings; and outdoor recreational space within the jurisdiction of this chapter.
§ 300-6.03 Vehicle access standards.
A.
Purpose. The purpose of this section is to promote the safety and general welfare of the public by establishing minimum requirements for the provision of driveways and other points of access to public rights-of-way for various sites and uses.
D.
Access limitation by use. Single-family and two-family dwelling units shall not have driveways or other access points onto a collector or arterial street that is not primarily residential unless such street has the only available frontage. Nonresidential and multifamily uses shall not have driveways or other access points onto a residential local street unless such street has the only available frontage.
E.
Number of access points: one street access point shall be established per site. In the case of any parcel with street frontage greater than 200 feet, two street access points may be permitted with the approval of a site plan (see § 300-10.43).
F.
Access near street intersections. No direct public or private access shall be permitted to the existing or proposed rights of way of the following:
(1)
Arterial streets intersecting another arterial street within 100 feet of the intersection of the right of way lines. Driveways on opposite sides of this roadway should be directly opposite of each other where possible or separated by at least 100 feet of lateral distance.
(2)
Local streets intersecting arterial or collector streets within 50 feet of the intersection of the right of way lines.
(3)
Local streets intersecting local streets within 15 feet of the intersection of the right of ways lines.
G.
Driveway opening permit. Any new driveway access point shall obtain a driveway opening permit subject to City staff review.
H.
Angle of intersection with public right-of-way. All driveways and other access points shall intersect with any public right-of-way at an angle of not less than 75°, and shall intersect at an angle of 90° wherever possible.
I.
Visibility standards. All driveways and other access points shall comply with the visibility standards of § 300-6.05.
J.
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that avoids congestion on public streets and other safety hazards.
(1)
Traffic into and out of all off-street parking, loading, and traffic circulation areas serving six or more parking spaces shall be forward-moving, with no backing into public streets.
(2)
Parking, loading, and traffic circulation areas serving less than six parking spaces may back into local streets, but shall not back into collector or arterial streets. Refer to § 300-6.06 regarding backing into streets. Traffic control devices shall be required as determined by the City Engineer.
K.
Depiction on required site plan. Any and all proposed driveways and other access points on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.
M.
Nonconforming driveways.
(1)
Nonconforming driveways shall comply with all of the regulations and requirements of Article V for nonconforming structures.
(a)
Legally established driveways located on properties containing single or two family land uses that do not conform to current performance standards shall be permitted to be reconstructed provided the reconstructed driveway is not dimensionally expanded.
(2)
Shared driveways (driveways located on multiple lots and typically situated over lot lines) that existed prior to the adoption of this chapter may remain legal driveways. No new or reconstructed shared driveways may be established unless cross-access easements are recorded with the Register of Deeds.
N.
Design of single- and two-family residential driveways.
(1)
Minimum driveway setback (side lot line to pavement or rear lot line to pavement on corner lots).
(a)
Small lots. Driveways shall be set back a minimum of six inches from the side lot line on lots with less than 60 feet of lot width/frontage. On lots where the available yard area prohibits the ability to create/maintain an eight-foot driveway and the required setback as listed below, the setback may be reduced to the smallest distance necessary.
(b)
Detached garages. Driveways leading to detached garages shall meet the side setbacks for accessory structures established in Article II or shall meet the side setback of the existing detached garage. On corner lots, driveways shall meet the rear setbacks for accessory structures established in Article II or shall meet the rear setback of the existing detached garage.
(c)
Attached garages. Driveways leading to attached garages shall meet the side setbacks for principal structures established in Article II or shall meet the side setback of the existing attached garage. On corner lots, driveways leading to attached garages shall meet the rear setbacks for principal structures established in Article II or shall meet the rear setback of the existing attached garage. Driveways leading to side-loaded attached garages shall meet the rear setbacks for accessory structures established in Article II.
(d)
Uncovered parking. Driveways leading to uncovered parking areas shall meet the side setbacks for accessory structures established in Article II or shall meet the side setback of the existing uncovered parking area. On corner lots, driveways leading to uncovered parking areas shall meet the rear setbacks for accessory structures established in Article II or shall meet the rear setback of the existing uncovered parking area.
(2)
Driveway width.
(a)
Driveways shall be a minimum width of 10 feet. Driveways leading to garages are limited to a maximum width of 24 feet at the lot line, but may increase to the width of the garage. See Figure 300-6.03(a and b). Where no garage exists, the maximum driveway width shall be 12 feet.
(b)
Where the width of the driveway at the garage exceeds the maximum width of the driveway at the lot line, the driveway shall be tapered between the garage or the edge of the uncovered space alongside the garage and the lot line starting a minimum of five feet inside the parcel. See Figure 300-6.03b. When leading to a legal uncovered space next to the garage, the driveway width shall be the least possible needed and shall not exceed 24 feet in width at the property line.
(c)
Driveways for two family uses with adjacent garages are limited to the 24 feet maximum width at the property line. Each individual driveway must be separated by a minimum of a four-foot green area extending the full length from the property line to the garage/uncovered parking space. See Figure 300-6.03c.
(d)
The maximum width of circular, horseshoe, and similar type driveways shall not exceed 12 feet, except for the area of allowable paving in front of the garage. The inside edge of the arc of the driveway shall be at least 25 feet from the lot line. For driveways with two curb openings, the spacing shall provide a minimum dimension of 50 feet between the inside driveway edges, measured at the lot line. See Figure 300-6.03d.
[1]
Circular, horseshoe, and similar type driveways shall be permitted only where the street frontage of the subject property is 100 feet or more.
Figure 300-6.03a Driveways up to 24 Feet Wide  | Figure 300-06.03b Driveways Wider than 24 Feet  |
Figure 300-6.03c Two-Family Dwellings with Two Driveways  | Figure 300-6.03d Circular Driveways  |
O.
Design of multifamily residential, institutional, commercial, and industrial use driveways.
(1)
Minimum driveway setback (side lot line to pavement or rear lot line to pavement on corner lots).
(2)
Driveway width. The maximum driveway width shall be 24 feet, unless required to be larger for fire access. Driveway expansion must follow a 2:1 (parallel: perpendicular) ratio at the property line, following the 24 feet maximum through the right of way.
§ 300-6.04 Bicycle and pedestrian access standards.
A.
Purpose. The purpose of this section is to support the use of alternative modes of transportation and promote the safety and general welfare of the public by establishing requirements for pedestrian and bicycle access and bicycle parking.
B.
Applicability. The requirements of this section shall apply to all new development or redevelopment.
C.
Quantity. One pedestrian and bicycle access point is required to at least one street frontage.
D.
Off-site connections. Pedestrian and bicycle access shall include appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods.
E.
On-site connections. The entire development shall provide walkways for full and safe pedestrian and bicycle access within the development.
(1)
Walkways shall provide pedestrian access through or around off-street parking areas from street sidewalks to building entries. Walkways shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and walkways shall not be located and aligned solely based on the outline of a parking lot configuration unless such configuration allows for direct pedestrian access.
(2)
Design requirements.
(a)
Walkways shall have an acceptable dust-free surface not less than five feet in width and shall be grade-separated from the parking lot or otherwise delineated with pavement markers, planters, or alternate paving materials.
(b)
The entirety of the on-site pedestrian walkway system shall be marked and defined using pavement treatments, signs, lighting, median refuge areas, and landscaping as appropriate and as consistent with the Americans with Disabilities Act and the building code, as approved by the Building/Zoning Inspector.
(c)
Where the pedestrian walkway crosses drive aisles or internal roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety.
(d)
The material and layout of the pedestrian walkway shall be continuous as the pedestrian access crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian access way.
§ 300-6.05 Visibility standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public and private rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility.
B.
Applicability. The requirements of this section shall apply to all new development or redevelopment.
C.
Review and approval. Through the site plan review process (see § 300-10.43), the Building/Zoning Inspector, shall review and approve all development for conformance with this section.
D.
Vision triangle at public streets. A vision triangle extending 15 feet from all public street right-of-way intersections shall be maintained for local street intersections and 30 feet when the intersection includes collector or arterial streets. If the street intersection is curved, the vision triangle distance shall be maintained as if the right-of-way where extended to create a 90° corner. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 1/2 feet and 10 feet above the center line grade elevations of the intersecting streets, alleys, or railroad tracks with the exception of fencing, which shall be no greater than 30% opaque. Development in the DHMU district and development located on streets with signalized intersections shall be granted flexibility from this requirement through the conditional use process (§ 300-10.32).
E.
Vision triangle at alleys and driveways. A vision triangle extending 10 feet from alleys and driveways shall be maintained. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of 2 1/2 feet and 10 feet above the center line grade elevations of the intersecting streets, alleys, or railroad tracks.
Figure 300-6.05a Visibility Standards  |
§ 300-6.06 Off-street parking and traffic circulation.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the use of various sites and types of development.
B.
Applicability. The requirements of this section shall apply to all new development and redevelopment.
C.
Review and approval. Through the site plan review process (see § 300-10.43) the Building/Zoning Inspector, shall review and approve all development for conformance with this section.
D.
Depiction on required site plan.
(1)
Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan.
(2)
Site plans shall be drawn to scale.
(3)
Site plans shall include, but not be limited to, the following information:
(a)
All lot dimensions and lot lines.
(b)
Paved areas shown and dimensioned.
(c)
The traffic pattern and parking space layout, including required handicapped spaces.
(d)
Dimensions of individual parking spaces and aisle width. Required parking spaces not intended to be immediately improved shall be shown with a dashed line.
(e)
Size and location of ingress and egress openings.
(f)
Location, size at planting, and species of all landscape plantings.
(g)
Location of all lighting systems.
(h)
Current and proposed grades at two-foot contours.
(i)
Location of all snow storage areas.
(j)
Stormwater management facilities.
(k)
Other facilities proposed.
E.
Minimum number of required off-street parking spaces.
(1)
Off-street parking requirements for each land use are generally tied to the use’s capacity and gross floor area or the number of employees at the subject property during the largest work shift.
(a)
The term “capacity” means the maximum number of persons that may be accommodated by the use as determined by its design or by state building code regulations, whichever number is greater.
(b)
The term “employees on the largest work shift” means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant.
(c)
The term “gross floor area” shall mean the total floor area inside the building envelope on all levels of a building.
(2)
A garage stall shall be considered a parking space.
(3)
One reserved parking space shall be provided for each service vehicle used by the operation during business hours.
(4)
See Figure 300-6.06a for a summary of the number of parking spaces required by land use.
F.
Parking requirement exceptions in the DHMU District.
(1)
Within the DHMU district, the parking requirements of this chapter are hereby waived.
(2)
When off-street parking facilities are provided, such facilities shall meet the requirements of this chapter, except in respect to the required number of spaces.
Figure 300-6.06a Number of Off-Street Parking Spaces Required by Land Use |
Figure 300-6.06a is provided as convenience for the City and the general public. Where there are conflicts between the text of this chapter and Figure 300-6.06a the text shall prevail. |
Land Use | Minimum Number of Off-Street Parking Spaces Required | Maximum Number of Off-Street Parking Spaces Permitted |
|---|---|---|
Residential | ||
Single-family dwelling unit | 2 | None |
Mobile home | 2 per dwelling unit | None |
Duplex, twin house, 2 flat | 2 per dwelling unit | None |
Townhouse | 2 per dwelling unit containing 0, 1, or 2 bedrooms; 0.5 per additional bedroom | None |
Multiplex and apartments | 2 per dwelling unit containing 0, 1, or 2 bedrooms; 0.5 per additional bedroom. 1 guest parking space shall be provided for every 3 dwelling units | None |
Single-family living arrangement | 2 | None |
Boardinghouse | 2 | None |
Mixed-Use | ||
Apartments with limited commercial | Per each individual land use | 150% of the minimum parking requirement |
Live/work unit | Per each individual land use | 150% of the minimum parking requirement |
Mixed-use building | Per each individual land use | 150% of the minimum parking requirement |
Commercial | ||
Office | 1 per 400 feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Personal or professional service | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Indoor sales or service | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Outdoor display | 1 per 1,000 square feet of gross outdoor floor area | 1.5 per 1,000 square feet of gross floor area |
Artisan production shop | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Physical activity studio | 1 per every 3 persons at the maximum capacity of the establishment | 1.5 per every 3 persons at the maximum capacity of the establishment |
Commercial kitchen | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Restaurants, taverns, and other indoor commercial entertainment | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Outdoor commercial entertainment | 1 for every 3 persons at the maximum capacity of the establishment | 1.5 per every 3 persons at the maximum capacity of the establishment |
Drive-through and in-vehicle sales or service | Refer to the parking requirements of the other land use activities on the site, such as indoor sales and service land uses for a gas station/convenience store, or office land uses for a bank | 150% of the minimum parking requirement. |
Group day-care center | 1 per 10 students, plus 1 for each employee on the largest work shift | 1.5 per 10 students, plus 1.5 for each employee on the largest work shift |
Commercial animal boarding/day care | 1 per every 1,000 square feet of gross floor area | 1.5 per every 1,000 square feet of gross floor area |
Bed-and-breakfast | 1 per each bedroom in addition to requirements for principal residents | 1.5 per each bedroom in addition to requirements for principal residents |
Commercial indoor lodging | 1 per room for rent, plus 1 for each employee on the largest work shift | 1.5 per room for rent, plus 1.5 for each employee on the largest work shift |
Campground | 2 per campsite | 2.5 per campsite |
Indoor maintenance service | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Outdoor maintenance service | 1 per 400 square feet of gross floor area, or 1 per each employee on the largest shift, whichever is less | 1.5 per 400 square feet of gross floor area, or 1.5 per each employee on the largest shift, whichever is greater |
Vehicle sales | 1 per 400 square feet of gross floor area plus 1 per every 3,000 square feet of outdoor display | 1.5 per 400 square feet of gross floor area plus 1.5 per every 3,000 square feet of outdoor display |
Vehicle service and repair | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Adult-oriented entertainment business | 1 per 400 square feet of gross floor area | 1.5 per 400 square feet of gross floor area |
Water-related recreation | Generally, 1 per 4 expected patrons at maximum capacity. See § 300-3.10U for specific requirements | 15% of the minimum parking requirement in § 300-3.10U |
Intensive outdoor activity | 1 per 5 expected patrons at maximum capacity | 1.5 per 5 expected patrons at maximum capacity |
Institutional | ||
Indoor institutional | Generally, 1 per 3 expected patrons at maximum capacity. See § 300-3.12A for specific requirements | 1.5 per 3 expected patrons at maximum capacity |
Outdoor open space institutional | None | None |
Passive outdoor recreation | 1 per 4 expected patrons at maximum capacity for any use requiring over 5 spaces. See § 300-3.12C for specific requirements | 1.5 per 4 expected patrons at maximum capacity |
Active outdoor recreation | Generally, 1 per 4 expected patrons at maximum capacity. See § 300-3.12D for specific requirements | 150% of the minimum parking requirement in § 300-3.12D |
Essential services | None | None |
Large-scale public services and utilities | 1 per employee on the largest work shift, plus 1 per company vehicle normally stored or parked on the premises | 1.5 per employee on the largest work shift, plus 1.5 per company vehicle normally stored or parked on the premises |
Community living arrangements (1 to 8) | 1 per employee on the largest work shift | 1.5 per each employee on the largest work shift |
Community living arrangements (9 to 15) | 1 per employee on the largest work shift | 1.5 per each employee on the largest work shift |
Community living arrangements (16 plus) | 1 per employee on the largest work shift | 1.5 per each employee on the largest work shift |
Institutional residential | See § 300-3.13J | 150% of the minimum parking requirement in § 300-3.13J |
Industrial | ||
Light industrial | 1 per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Heavy industrial | 1 per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Production greenhouse | 1 per 400 square feet of gross floor area | 1.5 spaces for every 400 square feet of gross floor area |
Indoor food cultivation and farming | 1 per 1,000 square feet of gross floor area | 1.5 for every 1,000 square feet of gross floor area |
Indoor food production and processing | 1 for every 1,000 square feet of gross floor area | 1.5 for every 1,000 square feet of gross floor area |
Storage | ||
Indoor storage and wholesaling | 1 per 2,000 square feet of gross floor area | 1.5 for every 2,000 square feet of gross floor area |
Outdoor storage and wholesaling | 1 for every 10,000 square feet of gross storage area, plus 1 per each employee on the largest work shift | 1.5 for every 10,000 square feet of gross storage area, plus 1 per each employee on the largest work shift |
Personal storage facility | 1 for each employee on the largest work shift | 1.5 for each employee on the largest work shift |
Transportation | ||
Transit center | To be determined by the City, based on parking study | Refer to parking study |
Distribution center | 1 per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Freight terminal | 1 per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Airport | 1 per each employee on the largest work shift. Parking study to determine passenger requirements | 1.5 per each employee on the largest work shift. Also refer to parking study |
Heliport | None | Per conditional use permit |
Off-site parking lot, off-site structured parking | N/A | None, or as established by conditional use permit |
Extraction | ||
Extraction | 1 per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Composting | 1 space per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Recycling and waste disposal | 1 per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Salvage or junkyard | 1 for every 20,000 square feet of gross storage area, plus 1 for each employee on the largest work shift | 1.5 for every 20,000 square feet of gross storage area, plus 1.5 for each employee on the largest work shift |
Sand and mineral processing | 1 per each employee on the largest work shift | 1.5 per each employee on the largest work shift |
Energy | ||
Large wind energy system | None | Established by conditional use permit |
Large solar energy system | None | Established by conditional use permit |
Agricultural | ||
Cultivation | 1 per employee on the largest work shift | 1.5 per employee on the largest work shift |
Husbandry | 1 per employee on the largest work shift | 1 per employee on the largest work shift |
On-site agricultural retail | 1 for every 400 square feet of product display area | 1.5 for every 400 square feet of product display area |
Intensive agriculture | 1 per employee on the largest work shift | 1 per employee on the largest work shift |
Agricultural services | 1 per employee on the largest work shift | 1.5 per employee on the largest work shift |
Community garden | None | None |
Market garden | 1 per 400 square feet of retail floor area | 1.5 per 400 square feet of retail floor area |
Accessory | ||
All accessory uses | None, except as required for the principal land use | None, except as required for the principal land use |
Temporary | ||
All temporary uses | None, except as required for the principal land use | None, except as required for the principal land use |
G.
Limit on the number of off-street parking spaces provided. No site plan may be approved for a multifamily or nonresidential use which contains more than 150% of the development’s minimum number of required parking spaces, except as granted through a conditional use permit. (See Figure 300-6.06a for a summary of the minimum and maximum parking requirements by land use.) Consideration of the following factors shall be given in considering a conditional use permit request:
(1)
This provision shall not apply to lots in which fewer than 25 parking spaces are required.
(2)
The proposed development has unique or unusual characteristics (such as high sales volume or low parking turnover) which creates a parking demand that exceeds the maximum ratio and does not typically apply to comparable uses.
(3)
The lot is designed to allow for more intensive future site development.
(4)
Pedestrian and bicycle connectivity is provided through the lot and connects to adjacent local and regional transit, pedestrian, and bicycle facilities.
(5)
The need for additional parking cannot be reasonably met through provision of on-street or shared parking with nearby uses.
H.
Parking studies. The City Engineer has the ability to require a parking study to determine parking requirements. Where a parking study is required, the study shall contain information on the anticipated number of employees, customers, visitors, clients, shifts, events, or deliveries to the use, and may refer to other studies or similar situations elsewhere.
I.
Screening requirements. The following requirements shall apply to all uncovered parking areas except as otherwise provided for by this section:
(1)
Off-street parking areas abutting a public street.
(a)
Any off-street parking area shall provide a minimum ten-foot green area along all street frontages and interior lot lines between the lot line and the paved surface of the parking lot. Plant material shall consist of evergreen and deciduous species. The green area shall be well maintained and plantings shall be promptly replaced if dead or diseased.
(b)
Nonplanted areas of this green area shall not be paved, but shall either be covered with a weed barrier and mulch, planted with ground cover, or both.
(2)
Off-street parking areas abutting residential districts. Any off-street parking area shall provide a solid fence, solid wall, or dense hedge/evergreen shrub border at least five feet high and not more than six feet in height along all lot lines abutting a residential district, except in required front yards. Where the parking area abuts an alley, a ten-foot green area, as required in Subsection I(1)(a), above, may be substituted for the required fence, wall, or hedge.
(3)
Off-street parking areas abutting other off-street parking areas.
(a)
Except for single-family and two family dwelling units, any off-street parking area abutting another off-street parking area shall provide a ten-foot minimum green area between the lot line and the parking area. This green area shall be landscaped with a combination of shrubs, trees, and ground cover.
J.
Locational prohibitions for off-street parking areas.
(1)
On a lot containing a single-family or two family dwelling unit, off-street parking shall not be located between the principal structure and a street right-of-way, except within residential driveways leading to a legal parking space.
(2)
No private parking shall occur on street terraces, publicly-owned driveways, or any other areas located within a public right-of-way.
K.
Setbacks.
(1)
The distance from an off-street parking area to the property line of an abutting property shall meet the required setbacks for principal buildings. Distances vary by zoning district. See Article II for each district’s distances.
(2)
Existing parking areas that do not meet the requirements of this chapter may be maintained or repaired at their setback as of the effective date of this chapter.
L.
Parking space design for single- and two-family uses.
(1)
Legal spaces.
(a)
Parking spaces must be provided either within a garage, in a driveway, or as uncovered parking spaces meeting the requirements of this section. See Figures 300-6.06b and 300-6.06c.
Figure 300-6.06b Covered Parking Requirements  | Figure 300-6.06c Uncovered Parking Requirements  |
(b)
Driveway parking spaces. A driveway parking space shall be at least 10 feet wide and 20 feet deep. Driveway parking spaces may be stacked when each space in the stack is for the same dwelling unit.
(c)
Uncovered parking spaces (not located in driveways).
[1]
No more than four uncovered parking spaces shall be permitted per lot.
[2]
Uncovered parking spaces shall meet principal structure setbacks and shall be screened per § 300-6.06I. See Figures 300-6.06d and 300-6.06e.
[3]
Uncovered parking spaces shall be surfaced in accordance with this chapter within 365 days of building permit issuance. If not dust-free during the permitted 365 days, a minimum aggregate base of four inches is required. Uncovered parking spaces shall follow the surfacing requirements of § 300-6.06S.
[a]
Paved pads surfaced with concrete, asphalt, and/or gravel may be used for recreation equipment trailer storage and/or residential utility trailer storage in any provided interior side yard or rear yard.
[b]
Paved pads surfaced with concrete or asphalt are required for any motorized vehicles including passenger vehicles, light trucks, recreational vehicles (RVs), and any recreation equipment not on a trailer.
[4]
On interior lots, one uncovered parking space is permitted alongside a garage provided said space is not located between the building and the street or the building and the rear lot line and provided said space meets the side setbacks for accessory structures and pavement established in Article II. Parking spaces must be screened from view per § 300-6.06I. See Figure 300-6.06d.
[5]
On corner lots, one uncovered parking space is permitted alongside the garage provided said space is not located between the building and the street and provided said space meets the side setbacks for accessory structures established in Article II. Parking spaces must be screened from view per § 300-6.06I. See Figure 300-6.06e.
(2)
Lots shall not exceed maximum the impervious surface ratio for the applicable zoning district.
(3)
If no garage is provided, each dwelling unit shall provide one shed of no less than 80 square feet in order to store yard maintenance equipment or other items typically stored in a garage.
Figure 300-6.06d Parking Beside Detached Garage: Interior Lots  | Figure 300-6.06e Parking Beside Detached Garage: Corner Lots  |
M.
Parking space design for residential uses served by individual driveways (single-family detached, twin house, duplex, townhouse, and some multiplex’s) are regulated as follows:
(1)
Driveway parking spaces.
(a)
Driveways shall be considered legal, “stacked” (meaning in front of one another) parking spaces for all required stalls. A driveway parking space need not lead to a legal parking space.
(b)
Required parking spaces may be located in a driveway and/or in a garage. There shall be no limit on the number of driveway spaces, provided that each space is at least 10 feet wide and 20 feet deep.
(2)
Off-street parking spaces on small lots may be stacked for the same building unit.
(3)
Except for driveways leading to legal parking spaces, parking is not permitted in the front yard.
(4)
Driveway parking spaces are permitted with the following setbacks:
(5)
Rear yard parking spaces are permitted with the following setbacks:
(6)
Uncovered parking spaces situated beyond the rear facade of the principal structure must be screened with a minimum of five-foot tall vegetation, solid fencing, or other material that creates a solid screen, impervious to sight from adjacent properties, excluding views from the side of the lot where access is provided.
N.
Off-street parking and traffic circulation standards for multifamily and nonresidential uses.
(1)
Circulation. The site shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the general rules of the road. All traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.
(2)
Surfacing. All off-street parking and traffic circulation areas shall follow the surfacing requirements § 300-6.06I.
(3)
Drainage. All off-street parking and traffic circulation areas shall be designed in such a manner so as to not have a negative surface water drainage impact on adjacent properties and to meet the requirements of Chapter 232 of the City of Jefferson Municipal Code.
(4)
Marking. All off-street parking and traffic circulation areas shall be marked, striped, and maintained in a clear and visible manner which clearly indicates parking spaces, pedestrian walkways, and other designated areas.
(5)
Curbing. A minimum six-inch-high curb shall be installed around all parking areas and internal landscape islands, except as follows:
(a)
Where bio-filtration and/or bio-retention methods of stormwater management are utilized as part of an approved grading and drainage plan, alternatives to the installation of curbing may be considered by the City Engineer, provided that measures are taken to protect the landscaping from vehicular circulation damage.
(b)
For industrial uses within industrial zoning districts, curbing is not required.
(6)
Access.
(a)
Each off-street parking space shall open directly upon an aisle or driveway that is wide enough to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into any pedestrian way or arterial or collector street.
(b)
All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley, in a manner which least interferes with traffic movements.
(c)
The maximum driveway width shall be 24 feet, unless required to be larger for fire access. Driveway expansion must follow a 2:1 (parallel: perpendicular) ratio at the property line, following the 24 feet maximum through the right of way
(7)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit to ensure their safe and efficient use during evening hours. An illumination level between 0.4 and 1.0 footcandles is required and shall not exceed the standards of § 300-6.20.
(8)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article IX.
(10)
Minimum permitted throat length.
(a)
Refer to Figure 300-6.06f below to determine the minimum permitted throat length of access drives serving parking lots as measured from the right-of-way line along the center line of the access drive.
(b)
In no case shall the throat length be less than the required setback.
Figure 300-6.06f |
Minimum Permitted Throat Length | ||||
|---|---|---|---|---|
Land Use | Type | Scale of Development | Type of Access Street | |
Collector (feet) | Arterial (feet) | |||
Residential | Any residential | 0 to 100 dwelling units | 25 | — |
101 to 200 dwelling units | 50 | 75 | ||
201 or more dwelling units | 75 | 125 | ||
Commercial | Office | 0 to 50,000 gross square feet | 25 | 50 |
50,000 to 100,000 gross square feet | 25 | 75 | ||
100,000 to 200,000 gross square feet | 50 | 100 | ||
200,001 or more gross square feet | 100 | 150 | ||
In-vehicle sales | 0 to 2,000 gross square feet | 25 | 75 | |
2,001 gross square feet | 50 | 100 | ||
Indoor entertainment | 0 to 15,000 gross square feet | 25 | 50 | |
15,001 gross square feet | 25 | 75 | ||
Commercial lodging | 0 to 150 rooms | 25 | 75 | |
151 or more rooms | 25 | 100 | ||
Other commercial uses | 0 to 25,000 gross square feet | 25 | 50 | |
25,001 to 100,000 gross square feet | 25 | 75 | ||
100,000 to 500,000 gross square feet | 50 | 100 | ||
500,001 or more gross square feet | 75 | 200 | ||
Industrial | All industrial uses | 0 to 100,000 gross square feet | 25 | 50 |
100,000 to 500,000 gross square feet | 50 | 100 | ||
500,000 or more gross square feet | 50 | 200 | ||
All other uses | 6 or more parking spaces | 25 | 50 | |
(11)
Special provisions for nonconforming parking lots.
(a)
Legally established parking facilities constructed prior to the effective date of this chapter which do not meet the minimum setbacks required by this chapter shall be permitted to be reconstructed with reduced setbacks, subject to approval of a parking lot layout plan by the Plan Commission. Said parking lot layout plan shall be designed in accordance with the dimensions identified in Figure 300-6.06g of this chapter. Parking lot setback reductions shall only be provided in the following instances:
(b)
The remaining setback area shall be devoted to landscape buffer area per the landscape requirements for paved areas described in § 300-8.30B. If, in the opinion of the Building/Zoning Inspector, the remaining setback area cannot effectively support any type of vegetation, the parking facility may be reconstructed to the existing setback, with the exception that curbing, decorative masonry wall, and/or wrought iron fence be installed along said parking lot perimeter to prevent vehicles from encroaching over the right-of-way or property lines.
(c)
Parking lots with existing curbing installed along perimeter property lines and adjacent to the right-of-way shall be allowed to be reconstructed inside of said curbed area.
(d)
The provisions of this chapter pertaining to the installation of curbing located in § 300-6.06N(5) and internal landscaping located in § 300-8.30B shall not apply to the reconstruction of parking lots of 50 stalls or less.
O.
Parking space design standards. Other than handicapped parking, permitted parking in residential driveways, and where otherwise regulated in this section, each off-street parking space shall comply with the minimum requirements of Figure 300-6.06g. All parking spaces shall have a minimum vertical clearance of at least seven feet.
Figure 300-6.06g |
Parking Layout Dimensions | |||||
|---|---|---|---|---|---|
Parking Angle in Degrees | |||||
Minimum Permitted Dimensions | 0° | 45° | 60° | 75° | 90° |
Stall width at parking angle (SW) (feet) | 9 | 9 | 9 | 9 | 9 |
Stall width parallel to aisle (WP) (feet) | 20 | 12.5 | 10.25 | 9.25 | 9 |
Stall depth to wall (D)1 (feet) | 9 | 18 | 18 | 18 | 18 |
Stall length (SL) (feet) | 18 | 25 | 22 | 20 | 18.5 |
Aisle width for 1-way traffic flow (AW) (feet) | 14 | 14 | 16 | 23 | 24 |
Aisle width for 2-way traffic flow with angled parking (feet) | 24 | 24 | 24 | 24 | 24 |
Throat length (right-of-way to parking angle)(T)2 | Figure 300-6.06f | ||||
NOTES: | |
1 | Stall depth (D) may be reduced by 2 feet, provided vehicle overhang is located over a landscaped area or pedestrian walk if said walk is oversized to provide a minimum of 5 feet of clear pedestrian access and a concrete curb or wheel stop is provided to protect vegetation and pedestrians. |
2 | In no case shall the throat length be less than the required setback. |
 | |
P.
Partial or phased development of required parking spaces.
(1)
Any development may seek permission from the Plan Commission to phase-in a portion of its required parking at time of site plan review; however, the site plan shall depict the minimum number of required parking spaces.
(2)
Areas required for parking, but not immediately improved, shall be reserved for future parking.
(3)
Undeveloped future parking areas shall be seeded with a grass mix or vegetative cover acceptable to the Building/Zoning Inspector, until said area is developed into a parking surface.
Q.
Joint off-site parking facilities.
(1)
Parking facilities which have been approved by the Plan Commission, to provide required parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses.
(2)
Joint use parking facility. Up to a 300% reduction in the number of required parking spaces for four or more separate uses, 10% for three separate uses, and 5% for two separate uses may be authorized by the Building/Zoning Inspector, following approval of a plan which provides for a collective parking facility.
(3)
Day-night use parking facility. The Building/Zoning Inspector, may authorize the shared day-night use of parking facilities under the following conditions:
(4)
The applicant(s) for approval of a joint or day-night use parking facility shall demonstrate to the satisfaction of the Building/Zoning Inspector, that there is no substantial conflict in the demand for parking during the principal operating hours of the uses for which the joint parking facility is proposed to serve. Conditions required for joint use shall be as follows:
(a)
The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 1,000 feet of such parking facilities.
(b)
A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City attorney, shall be recorded at the Register of Deeds. Said agreement shall cover a period of no less than 30 years. Joint use parking privileges shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required in this chapter.
R.
Bicycle parking standards.
(1)
Required provision of bicycle parking areas.
(a)
For all multifamily, commercial, institutional, and industrial uses, a minimum of four bicycle spaces shall be provided.
(b)
For parking lots containing more than 40 automobile parking spaces, off-street bicycle parking spaces shall be provided. The number of off-street bicycle parking spaces to be provided shall be four plus a number equal to 5% of the automobile parking space requirement or 20 bicycle parking spaces, whichever is less.
(c)
A nonresidential use’s automobile parking requirement may be reduced by providing additional bicycle parking. After the bicycle parking requirement has been met, a minimum of four bicycle parking spaces may be provided in lieu of one required automobile parking space, with a maximum reduction of up to five automobile parking spaces.
(2)
Specifications for bicycle parking spaces.
(a)
The “inverted-U” type bike rack is the preferred bicycle parking rack and means of providing off-street bicycle parking spaces as required in this section, or amended by City of Jefferson Standard Specifications. One inverted-U type rack will count as two bicycle parking spaces.
(b)
All bicycle parking provided shall be on a hard-surfaced area and shall be set back from walls and other objects so the bicycle rack is usable. Freestanding bicycle parking racks shall be securely fastened to the ground.
(c)
Bicycle parking spaces shall be installed in conformance with setback requirements applicable to automobile parking lots. The spaces shall be placed where bicyclists would naturally transition to pedestrian mode. The placement of the racks shall not conflict with pedestrians and motorized traffic.
S.
Surfacing.
(1)
All off-street parking, loading, and traffic circulation areas shall be graded and surfaced so as to be dust-free and properly drained and shall be paved with a hard, all-weather or other surface to the satisfaction of the City Engineer. All driveways and parking areas shall be surfaced with a minimum thickness of three inches of asphaltic concrete, concrete, or any other surfacing over a minimum thickness of four inches of an aggregate base material as approved by the City Engineer.
T.
Installation and maintenance.
(1)
Off-street parking and circulation areas and required screening and landscaping shall be continuously maintained in good condition and appearance. Surfacing, lighting, barriers, markings, planting materials, and all other aspects of the off-street parking and circulation facility shall be repaired or replaced with new materials in compliance with the provision of this chapter.
(2)
All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times, except for approved phased development of parking spaces as provided for by Subsection P, above. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by § 300-3.16.
U.
Limitations on uses of all off-street parking areas.
V.
Limitations on uses of residential off-street parking areas. In residential districts and on lots associated with residential uses, accessory off-street parking facilities shall be solely for the parking of motor vehicles, which shall be regulated as follows:
(1)
No front yard of any residential district and no front yard of a lot associated with a residential use shall be used for the parking of a motor vehicle except in approved driveways. Motor vehicles parked on any legal driveway shall not be permitted within five feet of any right-of-way line of a street.
(2)
A recreational vehicle (RV) associated with and customary to residential uses may be parked as if a passenger vehicle but shall not be utilized for human occupation, the storage of goods, materials, or equipment other than that which is considered part of the RV or essential to its function.
§ 300-6.07 Off-street loading standards.
A.
Purpose. The purpose of this section is to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
B.
Applicability. All institutional, commercial, industrial, storage, and transportation land uses shall provide off-street loading facilities in accordance with the regulations of this section. Depending on the land use, off-street loading standards may be waived by the City Engineer.
C.
Review and approval. All developments and redevelopments will be reviewed for conformance with this section through the site plan review process (see § 300-10.43).
D.
Depiction on required site plan. Any and all required loading areas and trailer and container storage areas proposed to be located on the subject property shall be depicted as to its location and configuration on the site plan required for the development of the subject property.
E.
Location.
(1)
Loading areas shall be located on the private lot and shall not be located within or interfere with any public right-of-way while in use.
(2)
Loading areas shall be located on the same lot as the use served.
(3)
For development with a gross floor area of greater than 10,000 square feet, loading areas shall not be located in a required front yard.
(4)
Loading areas shall be located at least 50 feet from a residential district.
(5)
Loading areas shall be located 25 feet or more from the intersection of two street right-of-way lines.
F.
Size of loading area.
(1)
Structures of less than 10,000 square feet shall provide adequate receiving platforms or other facilities located off an adjacent alley, service drive, or other open space on the same lot.
(2)
Structures larger than or equal to 10,000 square feet but less than 20,000 square feet shall provide an off-street loading space that is at least 10 feet wide and at least 25 feet long.
(3)
Structures 20,000 square feet or larger shall provide an off-street loading space that is at least 10 feet wide and at least 50 feet long.
G.
Access to loading area. Each loading area shall be located so as to facilitate access to a public street or alley, shall not interfere with other vehicular or pedestrian traffic, and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way while in use.
I.
Use of required loading areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Loading areas shall not be used to provide the required number of parking spaces.
§ 300-6.20 Exterior lighting standards.
A.
Purpose. The purpose of this section is to provide illumination levels on sites for function and safety as well as regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and nearby land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this section apply to all exterior lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way.
C.
Review and approval. All developments and redevelopments will be reviewed for conformance with this section through the site plan review process (see § 300-10.43).
D.
Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation, and configuration on the site plan required for the development of the subject property.
E.
Exterior lighting requirements.
(1)
In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear shield) is visible from an adjacent property. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
(2)
Flashing, flickering and/or other lighting which may distract motorists are prohibited.
(3)
Intensity of illumination.
(a)
In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.5 footcandles above ambient lighting conditions on a cloudless night; and shall not exceed a total of 10,000 lumens per acre for residential land uses and 50,000 lumens per acre for all other land uses.
(b)
The maximum average on-site lighting in nonresidential zoning districts shall be 3.0 footcandles.
(c)
The maximum average on-site lighting in residential zoning districts shall be 1.0 footcandles.
(d)
The following exceptions shall be permitted.
[1]
The maximum average allowable on-site lighting of outdoor recreation facilities and assembly areas is 4.0 footcandles.
[2]
The maximum average on-site lighting of auto display lots and gas station pump islands is 25.0 footcandles, provided that lighting is dimmed to 3.0 footcandles when business is closed. All under-the-canopy fixtures shall be fully recessed.
(e)
Reflected glare onto nearby buildings, streets, or pedestrian areas is prohibited.
(4)
Fixtures and luminaries.
(a)
Outdoor lighting.
[1]
Outdoor lighting shall be full cut-off fixtures and downward facing and no direct light shall transmit onto adjacent properties.
[2]
Exempt from this requirement are decorative light fixtures with frosted glass lamps, and any fixtures using a light bulb with a factory-rated light output of 1,700 lumens or less, including 100-watt incandescent bulbs and 100-watt-equivalent compact florescent bulbs.
(b)
Light fixtures shall not be located within required bufferyards or required minimum setbacks.
(c)
The color and design of fixtures shall be compatible with the building and public lighting in the area, and shall be uniform throughout the entire development site.
(d)
The maximum fixture mounting height by zoning district shall be:
(e)
All lighting fixtures existing prior to the effective date of this chapter shall be considered legal nonconforming fixtures.
(5)
All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.4 footcandles.
F.
Additional lighting requirements for nonresidential uses and multifamily uses.
(1)
Each exterior entrance to one or more dwelling units and garages shall have an exterior light within eight feet of the entrance.
(2)
For residential uses, exterior lighting with automatic controls shall be provided so that the house numbers are visible from the adjacent street and interior drive. For units with individual exterior entrances, such lighting shall be provided so that the unit numbers are visible to pedestrians on the sidewalk.
(3)
Exterior lighting with automatic controls shall be provided for all sidewalks and parking areas to provide safe travel between the parking areas and the building.
G.
Additional lighting requirements for intensive outdoor recreation uses.
(1)
Lighting shall be set to automatically shut off when there is no scheduled play and shall be extinguished no later than 10:00 p.m. Lower light levels for off the field lighting may be provided for an additional one hour for safe egress.
(2)
The mounting height for light fixtures shall be no greater than one-fourth the distance to the nearest property line from where the light fixture is located.
§ 300-6.21 Exterior storage and screening standards.
A.
Purpose. The purpose of this section is to control the use of residential, office, and commercial property for exterior storage so as to promote the safety and general welfare of the public. For additional requirements relating to exterior storage for specific uses, refer to Article III.
B.
Applicability. The requirements of this section apply to all development.
D.
Requirements for exterior storage.
(1)
Requirements for exterior storage in mixed-use zoning districts.
(a)
In all mixed-use zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following: screened refuse containers, construction materials, landscape materials, and related equipment connected within on-site construction. Materials related to construction and landscaping projects shall not be stored outdoors after the completion of the project.
(b)
Such outdoor storage shall not be located within any front yard or required street yard (except for vehicles in designated off-street parking spaces). Outdoor storage shall conform to all setback requirements or shall be located a minimum of five feet from all property lines, whichever is more restrictive.
(3)
Screening shall be well maintained.
E.
Exterior storage of refuse.
(1)
Trash cans required near entrances.
(a)
Multifamily, institutional, commercial, multiple-use buildings and industrial uses.
[1]
For multifamily, institutional, commercial, multiple use buildings, and industrial uses, each building entrance shall include one covered trash can with a capacity of at least 15 gallons and one smoking materials receptacle, or combination thereof.
[2]
Exceptions. For multifamily uses and multiple use buildings, this requirement shall only apply to entrances that serve more than two units. For industrial uses, this requirement shall only apply to visitor and customer entrances.
(b)
Said receptacles shall be decorative in design with a lid, and made of metal, wood, stone, or other exterior rated material as approved by the Building/Zoning Inspector. Receptacles shall be secured against wind or theft.
(2)
Refuse or recycling enclosures.
(a)
For multifamily, institutional, commercial, multiple use buildings, and industrial uses, all exterior trash storage areas shall be located within an enclosure at least six feet in height that completely screens the view of all trash and trash storage containers. The exterior of said enclosure shall be constructed of solid wood that matches or is complementary to the exterior of the principal building or be one or more of the materials used on the exterior of the main building. A solid gate shall be used to gain access to the storage area; said gate shall be constructed of an opaque material or interwoven slat fencing.
(b)
No exterior trash storage or dumpsters shall be located between a building and a public street except if in the opinion of the Building/Zoning Inspector, no other suitable location is available for such purpose, and provided the dumpster area is developed in a manner so as to minimize its appearance from a public street.
F.
Mechanical equipment and on-site utilities.
(1)
Definition. Mechanical equipment is defined as devices installed for a use appurtenant to the property, structures, or principal use. Mechanical equipment includes, but is not limited to, HVAC equipment, transformers, gas and electric meters, utility-related equipment, exhaust fans external to buildings, louvers, vents, and industrial process equipment. The following equipment shall be exempt from screening requirements due to functional concerns: satellite dishes, personal antennas and towers, industrial smoke stacks, and solar or wind energy systems.
(2)
Applicability. The screening of mechanical equipment and utilities shall be required for all uses as regulated in this chapter, except for single-family and two family dwelling units and those exempted in other sections of the City of Jefferson Municipal Code. Figure 300-6.21a addresses the applicability of the screening requirements for various situations.
Figure 300-6.21a |
Applicability of Mechanical Equipment Screening Requirements | |
|---|---|
Change or Improvement | Screening Requirements |
Building replacement | Required |
Building relocation | Required |
Physical building addition | Required when single or cumulative additions exceed 50% of the floor area of original building |
Additional or replacement of mechanical units to existing buildings | Required in front yard or street side yard |
New buildings | Required |
Figure 300-6.21b |
Mechanical Equipment Screening | |
|---|---|
Use and District | Screening Requirements |
Existing mechanical in all zoning districts: side yard, rear yard, and rooftop-mounted | Screening not required |
New or replaced mechanical equipment in all zoning districts, except for single- and two-family land uses: front yard, street yard, or street side yard | Screening required |
Any new development or land use change in all zoning districts, except for single- and two-family land uses: street yard, side yard, rear yard, and rooftop-mounted | Screening required |
(3)
Situations which change the status of a conforming mechanical equipment installation to nonconforming status such as a change in zoning or establishment of a use shall be regulated as set forth in Article V, Nonconforming Situations.
(4)
Screening design standards for ground-mounted equipment. Ground-mounted mechanical equipment must be hidden from view through the use of any of the following methods:
(a)
Earth berm(s) with evergreen landscaping at a combined height sufficient to fully screen the equipment from the right-of-way or other users of the site.
(b)
A bufferyard with a minimum opacity of 0.4 that completely surrounds the equipment.
(c)
Any opaque fence or wall permitted in the zoning district.
(5)
Screening distance.
(a)
Mechanical equipment is considered to be screened if it is not visible using an opaque combination of plants and/or permitted exterior materials (See Article VII.) that is a minimum of the height of the object being screened, when viewed from any public sidewalk or street or from any point along the property line of the subject property.
(b)
Exceptions can be made for elevated roads that are of a considerable higher grade from that of the mechanical equipment, for drastic grade changes, or for other special circumstances as determined by the Building/Zoning Inspector.
(7)
On-site utilities. All on-site utilities, including but not limited to electrical, telephone, and cable, shall be installed as underground facilities. This shall apply to utilities running from the utility easement or street right-of-way to structures and to utilities supplying service between structures.
§ 300-6.30 Vibration standards.
A.
Purpose. The purpose of this section is to regulate the creation of vibration which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.
C.
Review and approval. Through the site plan review process (see § 300-6.43), the Plan Commission shall review and approve all development on the subject property.
D.
Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property.
E.
Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given in Figure 300-6.30a, below.
F.
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula:
D = K/f |
Where: | |||
D | = | Displacement in inches. | |
K | = | A constant to be determined by reference to Figure 300-6.30a below. | |
f | = | The frequency of vibration transmitted through the ground (cycles per second). | |
Figure 300-6.30a |
Vibration Measurement Constant | |||
|---|---|---|---|
Change or Improvement | K All Other Districts | K LI, MI, HI Districts | |
On or beyond any adjacent lot line | |||
Continuous | 0.003 | 0.015 | |
Impulsive | 0.006 | 0.030 | |
Less than 8 pulses per 24-hour period | 0.015 | 0.075 | |
On or beyond any residential district boundary line | |||
Continuous | 0.003 | 0.003 | |
Impulsive | 0.006 | 0.006 | |
Less than 8 pulses per 24-hour period | 0.015 | 0.015 | |
§ 300-6.31 Noise standards.
A.
Purpose. The purpose of this section is to regulate the creation of noise which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, maintenance, or agricultural operations.
C.
Requirements. All noise shall be muffled so as not be objectionable due to intermittence, frequency, or shrillness. In no event shall the sound-pressure level of noise continuously radiated from a facility exceed the values given in Figure 300-6.31a as measured by a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983. The measurement shall be conducted at the lot line of the subject property where said lot abuts property within any residential, mixed use, or Institutional zoning district.
D.
Nonconforming noise. Noise that was in effect as of the effective date of this chapter shall be considered legal nonconforming. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter is the responsibility of the noise producer.
Figure 300-6.31a |
Maximum Permitted Noise Level at Lot Line for Continuous Noise | |
|---|---|
Zoning District | Increase in Noise Level Over Ambient Level |
RH-35, SR-2, SR-3, SR-5, SR-7, SR-10, MH-7, DR-8, TF-10, MRL-8, MRM-12 | Plus 3 dBA |
I, NMU, SMU, UMU, DHMU | Plus 5 dBA |
LI, BP, MI, HI, IOS, IOC, AO, EX, FG | Plus 8 dBA |
Figure 300-6.31b |
Adjustment Factors for Maximum Noise Levels | |
|---|---|
Type of Operation in Character of Noise | Correction in Decibels |
Daytime operation only | Plus 5 dBA |
Noise source operates less than 20% of any 1-hour period | Plus 5 dBA |
Noise source operates less than 5% of any 1-hour period | Plus 10 dBA |
Noise source operates less than 1% of any 1-hour period | Plus 15 dBA |
Noise of impulsive character (hammering, etc.) | Minus 5 dBA |
Noise of periodic character (hum, speech, etc.) | Minus 5 dBA |
§ 300-6.32 Air pollution standards.
A.
Purpose. The purpose of this section is to regulate the creation of air pollution which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to air pollution created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
C.
Standards. In addition to all applicable state and federal standards, the following shall apply:
(1)
The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited at all times.
(3)
Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means.
(4)
Outdoor accessory structure wood furnaces are not permitted in the City of Jefferson for public health and safety reasons.
(5)
All other applicable state and federal standards.
§ 300-6.33 Odor standards.
[Amended 7-2-2024 by Ord. No. 7-24]
A.
Purpose. The purpose of this section is to regulate the creation of odor which adversely affects other properties in order to prevent the creation of nuisances and to promote the healthy, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property, or by incidental fertilizer application, traffic, parking, loading, or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.
C.
Standards. Except for food preparation and cooking emanating from residential land uses and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no objectionable odor shall be created for periods exceeding a total of 15 minutes per day which are detectable by a healthy observer such as the Building/Zoning Inspector or a designee beyond the boundary of the subject property and within any other property zoned residential, mixed use, or institutional zoning district.
§ 300-6.34 Glare and heat standards.
A.
Purpose. The purpose of this section is to regulate the creation of glare or heat in order to prevent the creation of nuisances and to promote the health, safety, and welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
C.
Standards. No direct or sky-reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise. As determined by the Building/Zoning Inspector, there shall be no discernible transmission of heat or heated air at the lot line. Solar systems regulated by Wisconsin Statutes 66.0401 shall be entitled to the protection of its provisions.
§ 300-6.35 Fire and explosions.
A.
Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely affect adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the State of Wisconsin.
§ 300-6.36 Toxic, noxious, and waste materials.
A.
Purpose. The purpose of this section is to regulate the handling of toxic, noxious, or waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to private property or business. No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Public Health.
§ 300-6.37 Hazardous materials.
A.
Purpose. The purpose of this section is to provide information to the City regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.
B.
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(5)
Toxic substances as defined in Wisconsin Statutes § 101.58(2)(j).
(6)
Infectious agents as defined in Wisconsin Statutes § 101.58(2)(f).
(7)
Any material for which the State of Wisconsin requires notification of a local fire department.
(8)
Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.
C.
Standards. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal.
§ 300-6.40 Fencing standards.
A.
Purpose. The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls, and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all fencing, landscape walls, and decorative posts for all land uses and activities.
C.
Review and approval. Fences shall be reviewed and approved by the Building/Zoning Inspector, and shall require a building permit, unless the proposed fence requires a conditional use permit.
D.
Temporary fencing. Permits are not required for temporary fencing. Temporary fencing shall be permitted for the following purposes:
(1)
Garden fencing such as chicken wire or woven wire during the growing season.
(2)
The use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1.
(3)
The protection of excavation and construction sites and the protection of plants during grading and construction, in association with an active building permit.
E.
Design and materials.
(1)
Materials.
(b)
Fences shall not be constructed using the following materials:
[1]
Rope, string, wire products, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, pallets, fiberglass or plastic panels.
(c)
Rules related to specific materials.
[1]
Permanent chicken wire fences or snow fences shall not be used.
[2]
Noncorrugated, solid metal fences are permitted in the LI, MI, HI, IOS, IOC, AO, FG, and EX zoning districts.
[3]
Wire mesh and non-coated/non-galvanized chain link fencing is not permitted within front yards in the SR-2, SR-3, SR-5, SR-7, SR-10, MH-7, DR-8, TF-10, MRL-8, and MRM-12 zoning districts, except when used in conjunction with parks, schools, airports, or other institutional uses.
[4]
Barb wire fencing or similar security fencing shall be permitted only on the top of security fencing when located at least six feet above the ground and shall be permitted only in the HI, IOS, and EX districts. Such fences shall meet the setbacks for the principal structure.
[5]
Coated chain link fences shall have a minimum nine-gauge thickness, and a top rail support is required. Coated chain link fences shall not be permitted in front or street yards and shall not extend toward the street beyond the front of the building.
(2)
Design.
(a)
With the exception of fences used for required screening, any fence located in the front yard shall be a maximum of 50% opaque, meaning that the spaces between the pickets are equal to or greater than the width of the pickets. See Figure 300-6.40a.
Figure 300-6.40a Fencing Standards  |
(b)
A fence that includes pre-woven or interwoven privacy fence slats and that is at least 90% opaque shall be considered a solid fence.
(c)
Fences shall be architecturally compatible with the design and materials of the principal building. Design details shall be substantially the same (but need not be identical) as those of the principal building. Industrial uses shall be exempt from this requirement.
F.
Height.
(1)
Maximum height. The maximum height of any fence panel, landscape wall, or decorative post shall be the following:
(a)
In the SR-2, SR-3, SR-5, SR-7, SR-10, MH-7, DR-8, TR-10, MRL-8, MRM-12, I, and NMU zoning districts:
(b)
In the RH-35, SMU, UMU, DHMU, and BP zoning districts:
[1]
Four feet when located within the required or provided front yard or street yard, whichever is closer to the street.
[2]
Six feet within the side yard or rear yard, but not in the required front yard or beyond the front facade of the principal building.
[3]
Where permitted, barb wire fencing or similar security fencing on top of fences shall not extend higher than three feet beyond the top of the fence.
(c)
In the LI, MI, HI, IOS, IOC, AO, FG, and EX zoning districts:
[1]
Four feet when located within the required or provided front yard or street yard, whichever is closer to the street.
[2]
Six feet within the side yard or rear yard unless the height of storage exceeds six feet, then the maximum height is eight feet. See 3.a. for required front yard or beyond the front facade of the principal building.
[3]
Where permitted, barb wire fencing or similar security fencing on top of fences shall not extend higher than three feet beyond the top of the fence.
(2)
Height shall be measured from the ground immediately under the fence to the top rail of the fence.
(3)
Height exceptions.
(a)
Decorative posts at a minimum spacing of 24 inches may extend eight inches above the maximum height. See Figure 300-6.40b.
Figure 300-6.40b Fence Height and Exceptions  |
(b)
To accommodate slopes and/or lawn maintenance, up to four inches of ground clearance shall be allowed which will not contribute to the measurement of maximum fence height.
(c)
Berms with slopes less than or equal to a minimum of three feet of horizontal to a maximum of every one foot of vertical (i.e. 3:1) shall not contribute to the measurement of maximum fence height.
H.
Orientation. Any and all fences, landscape walls, or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property, i.e. with the finished side facing outward.
I.
Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.
Figure 300-6.40c Fencing Standards |
§ 300-6.41 Outdoor recreational space requirements.
A.
Outdoor recreational space requirements for multifamily uses.
(1)
Each multifamily development containing three or more units shall provide an outdoor recreational space suitable for outdoor recreation such as sitting, sunbathing, grilling, and playing catch. This space could include a children’s play area. Outdoor recreational space can be provided at ground level or other areas including but not limited to communal porches/decks, balconies, and rooftop gardens.
(a)
The outdoor recreational space and/or children’s play area is encouraged to include picnic tables, recreational equipment, and/or play equipment suitable for small children such as sandboxes, swing sets, and play structures. This is intended to provide an equivalent level of outdoor recreation equipment that would normally be available with a single or two family dwelling.
(2)
Multifamily uses located within the DHMU zoning district are encouraged to provide outdoor recreational space but are exempt from the requirement to provide outdoor recreational space as regulated in this section.
(3)
Minimum area. A minimum of 200 square feet plus 25 square feet per bedroom of usable recreation space shall be provided.
(4)
Required outdoor recreational space shall be for the private use of residents and need not be open to the public.
B.
Buildings shall be organized in relation to open spaces to create a balance of usable open space and efficient circulating and parking. The requirements of this section shall not override the establishment of an orderly, positive, and urban character of the relationship of buildings to streets.
C.
Required outdoor recreational space may be divided into multiple distinct spaces, provided that no single outdoor recreation space is smaller than 100 square feet or narrower than 10 feet in any direction.
D.
The following will not count toward the total outdoor recreational space requirement:
§ 300-6.42 Swimming pool standards.
A.
Purpose. The purpose of this section is to regulate swimming pools in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. This section applies to all swimming pools, defined as an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 24 inches, used or intended to be used solely by the owner, operator, or lessee thereof and family and guests invited to use it; and including all structural facilities, appliances, appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
C.
Review and approval. Any pool requiring excavation below one-foot of the existing grade is subject to site plan review. The Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 300-10.43).
D.
Permit required. A building permit must be secured prior to the commencement of construction or erection of a private or residential swimming pool, or on any alterations, additions, remodeling, or other improvements. Plans, specifications, and pertinent explanatory data shall be submitted to the Building Inspector at the time of application.
E.
Exempt pools. Non-filtered storable swimming or wading pools that are so constructed that they may be readily disassembled for storage and reassembled to their original integrity are exempt from the provisions of this section. Decorative pools that are less than 36 inches in depth are exempt from the provisions of this section. Spas and hot tubs with lockable tops are also exempt. Lockable tops shall be securely fastened in place at all time when the hot tub is not in actual use.
F.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a building permit for construction as provided for in Subsection D, above, unless the following requirements are observed:
(1)
All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements and pool installation shall be in accord with all state regulations and with any and all ordinances of the City now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances of the City and all state plumbing codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located, or in the general vicinity. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the City Engineer.
(3)
All electrical installations, including lighting and heating, which are used in conjunction with a private swimming pool shall be in conformance with the state laws and City ordinances regulating electrical installations.
G.
Setbacks and other requirements. Private swimming pools shall be erected or constructed on rear or side yards only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building. All swimming pools shall be at least eight feet from any lot line or building unless designed and approved as an addition to a building.
H.
Enclosure. Pools within the scope of this section that are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than six feet in height and not less than four feet from the pool edge, and constructed not to have voids, holes, or openings larger than four inches in one dimension. Maximum height for such fences or walls is six feet from ground level. Pools with walls less than 72 inches tall as measured from ground level on the outside edge of the wall shall be required to provide this fence. Gates or doors shall be equipped with self-closing and self-latching devices located at the top of the gate or door on the pool side of the enclosure, except the door of any residence that forms a part of the enclosure. This section shall not apply to existing fences on the date of adoption of this chapter at least 40 inches in height that otherwise comply with this section.
I.
Compliance. All swimming pools existing at the time of adoption of this chapter not satisfactorily fenced shall comply with the fencing requirements of Subsection H when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
J.
Filter system required. All private swimming pools within the meaning of this chapter must have some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
K.
Dirt bottoms prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
§ 300-6.50 Regulations for vacant buildings.
A.
This section shall apply to all buildings as of the effective date of this chapter.
B.
Where any building is vacated because 100% of the residential or commercial use conducted thereon is being terminated or relocated to a different building, the party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease.
C.
With the exception of historic buildings and landmarks, any building that is completely vacated for any reason shall be subject to the following provisions:
(1)
The owner must file with the City a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building.
(2)
The owner shall be required to meet the requirements defined below based on the amount of time the building remains vacant:
Figure 300-6.50a |
Steps for Addressing Building Vacancy | |
|---|---|
Time Period Building Is Vacant (years of vacancy) | Requirement |
1 | Install a Fire Department access box for annual fire inspection if the Fire Department determines it is necessary. Remove signage per the requirements of § 300-9.37 |
5 | The City will complete a comprehensive maintenance review of the property and may require the property owner to meet the standards of the Property Maintenance and Building Codes. |
10 | If the building is not maintained, the City may require the site to be cleared of all improvements and returned to vegetative ground cover. |
(3)
Within the first quarter of each year of complete vacancy, the owner shall provide the Building/Zoning Inspector, with a statement as to the condition of the building and prospects for removal or re-occupancy of the building(s).
(4)
At any time following complete vacancy, the City may utilize other enforcement options available to it to ensure property maintenance and upkeep of the building and site such as requiring the property owner to meet the standards of the Property Maintenance and Building Codes.
(5)
Occupancy of any portion of the building(s) and/or the exterior grounds for a period of less than 90 consecutive days shall not be considered to remove the vacancy status of the building under this section.