The foregoing height and area regulations shall be subject to the following exceptions and regulations:

(1)

Height.

a.

On through lots the height of the building may be measured from the mean elevation of the finished grade along the front of the building considering the end facing either street as the front.

b.

Chimneys, cooling towers, elevator bulkheads, scenery lofts, monuments, domes, spires, parapet walls, similar structures and necessary mechanical appurtenances may be erected to any height in accordance with existing or hereafter adopted ordinances of the City.

c.

One-family dwellings in the residence district may be increased in height by not more than ten feet when two side yards each not less than 15 feet in width are provided, but no such building shall exceed three stories in height.

d.

Height of accessory buildings. The purpose of this subsection is to regulate the height and design of accessory buildings or structures.

1.

The overall maximum vertical distance of detached residential (R1—R6) accessory buildings, excluding carriage house accessory structures, shall not exceed 17 feet from the lowest floor elevation to the highest point of the structure with the overall wall height not to exceed ten feet and the main garage doors not exceeding eight feet in height from the lowest floor elevation. Detached garage roofs shall be framed to a pitch of not less than one-third or four and 12 cut.

2.

A carriage house accessory structure may exceed 17 feet from the lowest floor elevation to the highest point of the structure only in accordance with the provisions of this subsection. The purpose of this subsection is to promote the livability of older neighborhoods by permitting unique designs of accessory buildings that are architecturally compatible with the primary structure. This is to ensure that the proposed accessory structure is in keeping with the historic nature of the primary structure and surrounding properties. Application must be made to and plans must be approved by the Heritage Preservation Commission prior to any building permit being issued under this subsection.

(i)

In order to exceed 17 feet in height; the primary structure must meet one of the following requirements:

A.

It is located west of Losey Boulevard to the Mississippi River and north of Green Bay Street to the La Crosse River Marsh.

B.

It was originally constructed prior to 1930.

C.

It is potentially eligible, eligible or listed on the National Register of Historic Places, listed on the State Register of Historic Places or locally designated by the City of La Crosse Heritage Preservation Commission.

(ii)

An applicant must abide by the following submittal process:

A.

Consultation with City of La Crosse Department of Planning and Development.

B.

File preliminary plans of the proposed accessory structure with the Heritage Preservation Commission at least 20 days prior to their next regularly scheduled meeting.

C.

After approval of the preliminary plans by the Heritage Preservation Commission, the applicant must then submit the final plans for such accessory structure for approval by the Heritage Preservation Commission at least 20 days before their next regularly scheduled meeting. Preliminary plans can be approved as final plans if the Heritage Preservation Commission approves them without modifications.

(iii)

The following design and size requirements shall apply to all accessory structures exceeding the 17 feet height restriction:

A.

In no case shall an accessory structure exceed the height of the primary structure measured from the ground grade directly adjacent to each structure to the highest point of each structure.

B.

If the footprint of the primary structure is less than 1,000 square feet; the footprint of the accessory structure shall not exceed 576 square feet (24 feet by 24 feet). If the footprint of the primary structure is more than 1,000 square feet, the footprint of the accessory structure shall not exceed more than 60 percent of the footprint of the primary structure. The design of the accessory structure must be in proper scale for the property and have an appropriate site relation to the primary structure as well as surrounding structures.

C.

The architecture of the accessory structure shall be historically compatible with the architecture of the primary structure appropriate to the period. The architecture of the accessory structure is not required to match the architecture of the primary structure so long as the architecture is appropriate to the period.

D.

In no case shall an accessory structure occupy more than 35 percent of the rear yard and shall be setback no less than two feet from the rear and side property lines. This is measured from the roofline.

E.

Design requirements shall be more restrictive for carriage house accessory structures whose primary structures are on the National Register of Historic Places and shall also incorporate such historic elements such as hardware, which includes door handles, hinges, etc., main garage doors, ornamental decoration, detailed window components and design, detailed roof components and design and materials used for siding. New construction should draw upon the design elements of the historic buildings, while not directly imitating them.

F.

The value of the carriage house must be equal to or greater than 25 percent of the assessed value of the applicant's primary structure or 30 percent of the average assessed value of all single-family dwellings in the City, whichever is less. This is to ensure compatibility with the existing and surrounding historic properties. Said minimum assessed value requirement may be waived when appropriate.

(iv)

The Heritage Preservation Commission is authorized to develop all the necessary application forms and design guidelines that applicants must comply with in order to construct a new accessory structure exceeding 17 feet in height.

3.

In no case shall sanitary plumbing be permitted in an accessory structure, except for accessory dwelling units that conform to all applicable standards in the plumbing code.

(e)

Buildings erected or constructed after July 1, 2002, in the area bounded by Cameron Street, Eighth Street, La Crosse River and Mississippi River within the multiple dwelling, special multiple dwelling, community business, commercial, light industrial, heavy industrial, planned development or public and semi-public district shall have a minimum of two stories in height. City park land and structures thereon within said boundaries shall be exempt from the provisions of this paragraph. The requirements of this paragraph may be modified or waived upon application to the Common Council. Applications shall be considered after a public hearing is duly noticed in advance and all property owners within 200 feet have been notified. An application fee in the amount established by resolution must be submitted to the City Clerk's Office at the time of submittal.

(2)

Area.

a.

A public or semi-public building, not conducted for profit, need not be provided with a front yard having a depth of more than 20 feet, or a rear yard having a depth of more than ten feet, or with side yards other than those required by this chapter between the building and a street or those required by the chapter between the building and a lot held in a separate ownership, except such yards or other open spaces as may be required by other laws or ordinances.

b.

A public or semi-public building, not conducted for profit, which is partially or completely destroyed by fire or other uncontrollable cause may be reconstructed on the same portion of the lot which it stood at the time of such fire or other calamity.

c.

In all residential zoning districts the aggregate building area of all detached accessory buildings shall not exceed 35 percent of the area of the rear yard of the parcel upon which they are to be built, up to a maximum 1,000 square feet of aggregate area of detached accessory buildings; provided, however, that the maximum aggregate area of all residential accessory buildings shall in no case exceed the gross finished floor area of the dwelling unit, excluding unfinished basement areas, to which they are accessory. Such detached residential accessory buildings may be placed in the rear, or side yard when not in conflict with any other requirement of this Code. Detached accessory buildings in the rear yard shall maintain minimum rear yard and side yard setbacks of two feet including roof line. In addition, to the requirements set forth above, a property with a tuck under garage shall be permitted to construct an unattached garage provided that the aggregate area of the two garages do not exceed all of the limits set forth above. The term "tuck under garage" means an attached garage which is built into the footprint of the principal structure and located below a habitable area of the house in its entirety. A garage shall be constructed of similar building materials and shall be similar in appearance as the principal structure. For purposes of this section, one shed no larger than 120 square feet is permitted as an accessory structure but shall also count toward the 35 percent coverage allotment and the 1,000 square foot maximum building footprint.

d.

Accessory buildings on through lots that extend through from street to street may waive the requirements for a rear yard by furnishing on such through lot, in open space areas other than those required by setback regulations, an equivalent amount of required open rear yard space in lieu of furnishing such required open space in the rear yard.

e.

Encroachments into required yards. The purpose of this subsection is to regulate the placement of projections and emergency rescue platforms including the design of emergency rescue platforms. The fee to be paid to the City for review of a rescue platform by the Heritage Preservation Commission shall be as established by resolution. Open uncovered handicap access ramps shall be exempt from the yard requirements contained in this subsection, provided a building permit has been issued by the Fire Department - Division of Fire Prevention and Building Safety and provided further, this exception shall apply only to retrofitting existing residential uses and not for newly constructed residential or commercial structures or uses.

1.

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, ornamental features, covered stoops, and eaves, provided, however, that none of the aforesaid projections shall project into a required yard or court more than 24 inches and a covered stoop may not project into a required yard or court more than 60 inches. A covered stoop is defined as a structure that is less than 12 square feet in area and is intended to provide ingress and egress to a building.

2.

Where it is not practicable to install a second internal ingress/egress stairway for a dwelling unit above the first floor, an exterior emergency rescue platform with a landing not to exceed three feet by three feet outside of emergency fire egress windows and doorways, and stairways serving such egress windows and doorways are permitted in the interior side yard setback area and rear yard. Emergency rescue platforms and stairway must be painted, stained or trimmed to match the color scheme of the house and trim so as to blend in with the existing structure.

3.

Exterior emergency rescue platforms and any stairway serving egress windows and egress doorways shall not be erected on any street side of a building. Any request to construct an emergency rescue platform and/or stairway on a street side shall be heard by the City Heritage Preservation Commission. In order to receive approval by the Heritage Preservation Commission, plans and renderings must be submitted along with a fee in the amount established by resolution to the Commission for their consideration. The plans for the emergency rescue platform and/or on a street side stairway must be accommodated in such fashion so as to appear as part of and consistent with the architecture of the original architecture of the dwelling. Such plans would include, but not be limited to, being painted, stained and trimmed in the same color scheme of the dwelling and should also include such modifications as porches, balustraded balconies, verandas, porticos, pent roofs, black wrought iron galleries, bay windows or other such period additions that might be appropriate.

4.

Notwithstanding the provisions of section 103-328, a window capable for egress onto an adjacent roofline with a cut/pitch of six-twelve or less is a satisfactory substitute for an emergency rescue platform, provided the roofline is four feet or more and the drip edge is not in excess of 15 feet above the grade level. A window leading out to such adjacent roof line and intended to be an emergency egress may be no more than an average of 30 inches from the bottom of the egress window of the subject roof and must have a window sticker denoting the emergency egress window with a Maltese Cross available from the Fire Department at no charge. Egress windows shall also be sufficient egress and acceptable as a second exit onto a landing or rescue platform or staircase, if said landing or rescue platform has guardrails at least 36 inches in height.

f.

Tunnels or underground passageways between buildings used for residential purpose may be constructed for any lawful purpose. In no event shall any such tunnel, regardless of size, use or intended use cause several otherwise unconnected structures or buildings to be considered a single structure.

g.

A second garage may be permitted on single-family-zoned residential lots in a Historic District and in accordance with the provisions of this subsection. The purpose of this subsection is to promote the livability of historically designated neighborhoods by permitting unique designs of accessory building that are architecturally compatible with the primary structure. Application must be made to and plans must be approved by the Heritage Preservation Commission prior to any building permit being issued under this subsection.

1.

In order to construct a second garage, the primary structure must be located in an area that is designated as a Historic District by the City or the National Park Service.

2.

An applicant must abide by the following submittal process.

(i)

Consultation with the Department of Planning and Development.

(ii)

File preliminary plans of the proposed accessory structure with the Heritage Preservation Commission at least 20 days prior to their next regularly scheduled meeting along with a fee in the amount established by resolution.

(iii)

After approval of the preliminary plans by the Heritage Preservation Commission, the applicant must then submit the final plans for such accessory structure for approval by the Heritage Preservation Commission at least 20 days before their next regularly scheduled meeting. Preliminary plans can be approved as final plans if the Heritage Preservation Commission approves them without modifications.

3.

The following requirements shall apply to all accessory structures acting as a second garage:

(i)

The value of the second garage must be equal to or greater than 25 percent of the assessed value of the applicant's primary structure or 30 percent of the average assessed value of all single-family dwelling in the City, whichever is less. This is to ensure compatibility with the existing and surrounding historic properties.

(ii)

In no case shall the second garage exceed the height of the primary structure measured from the ground grade directly adjacent to each structure to the highest point of each structure.

(iii)

The aggregate square footage of the primary garage and the square footage of the second garage may not exceed 1,200 square feet. On lots greater 15,000 square feet in area, the aggregate of the primary garage and the second garage shall not exceed 1,400 square feet.

(iv)

The architecture of the second garage shall be historically compatible with the architecture of the primary structure appropriate to the period. The architecture of the accessory structure is not required to match the architecture of the primary structure so long as the architecture is appropriate to the period.

(v)

In no case shall the second garage occupy more than 35 percent of the rear yard and shall be setback no less than two feet from the rear and side property lines. This is measured from the roofline.

(vi)

One of the garages needs to be attached to the residential structure.

4.

The Heritage Preservation Commission is authorized to develop all the necessary application forms and design guidelines with which applicants must comply in order to construct a second garage exceeding 17 feet in height.

h.

A residential attached or detached garage is permitted on lots of record in the R-1 thru R-6 and Washburn Residential zoning districts that are smaller than 5,000 square feet provided that there is not an existing garage on the lot or parcel. The size of an attached garage cannot be larger than the footprint square footage of the dwelling and a detached garage cannot be larger than 500 square feet. Said garage is required to meet the side yard setbacks under this chapter and cannot be in the front yard setback. There must be a minimum of a four-foot rear yard setback for an attached garage and the location of the garage and setbacks must be approved by the City of La Crosse Fire Department.

(3)

Vision clearance.

a.

The requirements of vision clearance shall not apply at a height of six feet or more above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists.

b.

Structures in the vision clearance area which do not now conform with the requirements of this chapter and which existed previous to December 19, 1958, shall be considered as a nonconforming use and shall be governed by provisions of this chapter relating to nonconforming uses.

c.

Sign supports and other objects of narrow width which do not exceed ten inches in diameter and which do not impair corner vision may, at the discretion of the Fire Department - Division of Fire Prevention and Building Safety, be permitted in the vision clearance area.

d.

Trees and objects of natural growth within the vision clearance areas previous to December 19, 1958, shall be permitted to remain.

e.

Structures or objects of natural growth within the required 15-foot vision clearance areas previous to July 14, 2005, shall be permitted to remain.

(Code 1980, § 15.25; Ord. No. 4894, § I, 10-8-2015; Ord. No. 4911, § I(attch.), 1-14-2016; Ord. No. 5261, § XVI, 9-18-2023; Ord. No. 5280, § I, 2-9-2024)

No structure or object of natural growth shall hereafter be maintained or allowed to grow higher in the vision clearance area than 36 inches above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists. This provision shall likewise apply to alley vision clearance areas.

(Code 1980, § 15.04(D))

Every room in which one or more persons live, sleep, work, or congregate, except storage rooms, bathrooms, toilet compartments, hallways, stairways, rooms where the nature of the occupancy does not require direct light and air from the outside, or rooms serviced by standard air conditioning equipment, shall have a minimum window area equal to one-tenth of the floor area of the room. Such required windows shall open directly upon either a street, alley, front yard, side yard, rear yard, or outer court, except that windows located in rooms not devoted to residence use may open directly upon an inner court, located on the same lot with the building and conforming to the requirements prescribed by this chapter as to its minimum dimension.

(Code 1980, § 15.04(E))

(a)

There are no minimum off-street parking requirements in any zoning districts. The following requirements in this section still apply:

(1)

Adequate access to a public street shall be provided for each parking space.

(2)

Size of each parking space shall not be less than 8.5 feet in width and 17 feet in length exclusive of access drives or aisles. The design of the off-street parking area in which more than four spaces are required shall be approved by the City Engineering Department in order to ensure that it meets City design specifications. In reviewing the design of the parking area, which shall be drawn to scale by the applicant, the City Engineering Department shall utilize the parking area design standards set forth in Section 115-112 and 115-550 of this chapter. Failure to provide the off-street parking area according to the plans approved by the City Engineer shall be considered a violation of this chapter. All off-street parking areas provided shall be maintained in usable condition at all times.

(3)

Except as to those properties that receive an exception from the Common Council, after due notice and public hearing, and property used exclusively as one- and two-family dwellings for areas bounded by the Mississippi River, 7th Street, Cameron Avenue and the La Crosse River, all off-street parking, loading, storage, waste receptacle and recycling container storage areas, and driveway areas shall be graded and surfaced with asphalt, decorative paver brick, concrete or other impervious or pervious pavement material and properly drained in accordance with plans approved by the City Engineering Department by June 1, 2007. Any parking area for five or more vehicles shall also be cleared of any accumulation of snow or ice. All off-street parking areas shall be graded and surfaced so as to be dust-free and properly drained. Any parking area for five or more vehicles shall also be cleared of any accumulation of snow or ice.

(4)

Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(5)

Curbs or barriers shall be installed on any parking area for more than five vehicles so as to prevent vehicles from extending over any lot line.

(6)

Off-street parking spaces for uses in the Single Family Residence, Special Residence, Low Density Multiple Dwelling, Multiple Dwelling and Special Multiple Dwelling zones shall not be located between the front building line and the street line. On corner lots, this restriction also shall apply to the space between the side street line and the side building line. Off-street parking space provided, including access drives and aisles, shall not cover more than 75 percent of the lost area in which such off-street parking space is permitted. No parking is permitted in the front setback area of any commercially zoned property (C-1, C-2 or C-3) if the principal use is for residential dwelling purposes

(7)

All off-street parking required to meet ADA accessibility must still be met off-street.

(Code 1980, § 15.04(G); Ord. No. 5211, § I, 3-10-2022; Ord. No. 5317, § I, 12-12-2024)

On all premises on which there will be constructed, after the effective date of the ordinance from which this chapter is derived, a new building which will house six or more dwelling units or any existing building converted to six or more dwelling units after such date, or any roominghouse, fraternity or sorority house having six or more occupants, there shall be provided a sufficient area as determined by the Fire Department - Division of Fire Prevention and Building Safety for rubbish collection containers. Such areas shall not be located in the front or street side yard and shall be accessible by motorized vehicles or other motorized equipment. Such areas shall not be a required off-street parking area and shall be shown on the plot plan submitted at the time of application for a building permit.

(Code 1980, § 15.04(J); Ord. No. 4911, § I(attch.), 1-14-2016)

(a)

It shall be unlawful to park any automobile, truck, motorcycle, boat, trailer or other motor vehicle of any kind in the front yard of premises in a Single-Family Residence District, residence district, multiple dwelling district, low density multiple dwelling district and the special multiple dwelling district. On corner lots, this restriction also shall apply to the space between the side street line and the side building line. For the purpose of this subsection, surfaced access driveways and existing paved parking areas adjacent and contiguous to the main driveway as of March 17, 2001, are exempt from the restrictions of this subsection for that portion in the front yard area or side yard area of corner lots.

(b)

For parcels located along a State, Federal, or four-lane arterial street where no alley access is present, an area no larger than 48 inches wide and 18 feet long and located parallel, adjacent and contiguous to the main existing driveway, but not to include the egress and public right-of-way (boulevard), may be installed. All proposed additional vehicle parking areas must be reviewed by the Heritage Preservation Commission before a permit is issued by the Fire Department - Division of Fire Prevention and Building Safety. To maintain the aesthetics of the front yard, and mitigate additional stormwater runoff, the surface of the additional parking area shall be constructed with permeable materials or techniques that allow grass growth. Brick pavers that do not allow grass growth, but allow stormwater infiltration, may also be used. Permeable paving includes a base course that allows for the movement of water and air around the paving materials for precipitation and stormwater to infiltrate through to the soil below. A City of La Crosse building permit is required as defined in section 103-34 which shall be set at the same rate as a flat permit fee in section 103-34.

(Code 1980, § 15.04(K); Ord. No. 4911, § I(attch.), 1-14-2016)

It shall be unlawful for any owner of any dwelling unit to lease or enter any lease of any one dwelling unit to more than five persons not related by blood, marriage, adoption or legal guardianship living together as a single housekeeping unit and using common cooking facilities, or more than ten persons living together as a single housekeeping unit and using common cooking facilities in a foster home wherein the foster parents have been licensed by the State Department of Children and Families.

(Code 1980, § 15.04(L))

The unregulated installation and use of earth satellite station dish antennas create a health and safety problem to properties and persons within the City, and the Common Council feels that it is in the best interest of the citizens of the City that the placement of these dish antennas be regulated so as to promote the public health, safety and general welfare of the City for the purpose of providing adequate light and air, preventing overcrowding of land, to conserve the value of buildings and encourage the most aesthetic and appropriate use of land throughout the City. Ground-mounted and building-mounted earth satellite station dish antennas are permitted as accessory uses provided that the following applicable requirements are met:

(1)

Earth satellite station dish antennas shall be constructed and anchored in such a manner to withstand winds of not less than 80 miles per hour and such installations shall be constructed of corrosive-resistant materials.

(2)

Earth satellite dish antennas shall be filtered and/or shielded so as to prevent the emission or reflection of electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(3)

Ground-mounted dish antennas shall meet the height requirements for accessory structures in the zoning district in which they are located. Building-mounted dish antennas shall not exceed the maximum height regulations of the zoning district in which they are located.

(4)

Earth satellite station dish antennas in the single-family residence, residence and multiple dwelling districts shall not exceed ten feet in diameter.

(5)

Ground-mounted earth satellite station dish antennas shall meet all setback and yard requirements for accessory structures in the district in which they are located; provided, however, in the single-family residence, residence and multiple dwelling districts each earth satellite station dish antenna shall be set back at least 25 feet from the front property line.

(6)

Not more than one earth satellite station dish antenna shall be permitted on a lot or parcel in the single-family residence or residence district except that this prohibition shall not apply to zero lot line lots.

(7)

The installation of an earth satellite station dish antenna shall require a building permit. The property owner, lessor, or installer of any earth satellite station dish antenna shall submit to the Fire Department - Division of Fire Prevention and Building Safety, plans which indicate the appearance, proposed location and installation method of the dish antenna. A fee in the amount established by resolution shall accompany all applications for a permit. Earth satellite station dish antennas shall be located to minimize their visual impact on surrounding properties. If a property owner in a single-family residence, residence or multiple dwelling zoning district proposes a building-mounted antenna location in which the antenna would be visible from the front lot line, that property owner must demonstrate that reception would not be possible from a less conspicuous location.

(8)

All earth satellite station dish antennas, and the construction and installation thereof, shall conform to applicable City building code and electrical code regulations and requirements. Prior to the issuance of a building permit for a building-mounted earth satellite station dish antenna that exceeds six feet in diameter, the applicant shall submit a plan or document prepared by a registered professional engineer which certifies that the proposed dish antenna installation is structurally sound.

(9)

No advertising messages will be allowed on the dish or framework other than the manufacturer's identification in the single-family residence, residence and multiple dwelling districts. In other zoning districts, each earth satellite station dish antenna shall comply with all applicable sign and advertising regulations.

(10)

Any earth satellite dish antenna existing on the date of the adoption of the ordinance from which this chapter is derived shall be permitted to remain as installed, notwithstanding any other provisions of this chapter.

(Code 1980, § 15.04(M); Ord. No. 4911, § I(attch.), 1-14-2016)

Cross reference— Persons indebted to City not to be issued permit, license or lease, § 2-292.

(a)

Fences defined. For the purpose of this Section, a "fence" is herein defined as a barrier consisting of vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, or metal intended to prevent ingress or egress. For the purposed of this section, the term "fence" shall include plantings, such as hedges and shrubbery in the front yard in excess of four feet tall. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(1)

Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, vinyl, chainlink (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.

(2)

No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items. Materials not specifically manufactured for fencing, such as, but not limited to, railroad ties, doors, landscape timbers or utility poles, shall not be used for, or in the construction of a fence.

(3)

Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and can only exceed six feet with a conditional use permit.

(4)

Fences associated with baseball and/or softball fields and surrounding tennis, volleyball or pickleball courts may be erected in conformance with accepted industry standards. A Fence Permit shall be required for such installation.

(5)

The La Crosse Regional Airport shall be allowed to erect chainlink fences for security purposes up to ten feet in height plus up to three strands of barbed wire. The three strands of barbed wire may face away from airport property. A fence permit shall be required for such installation.

(6)

Any fence built in an Industrial Park that has recorded covenants in regards to fences, the covenants shall apply. A fence permit shall be required for such installation.

(b)

Fences categorized. Fences shall be categorized into six classifications:

(1)

Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.

(2)

Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3)

Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

(4)

Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary in the front yard.

(5)

Picket fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

(6)

Dog kennel fence. A chainlink enclosure which is enclosed on three or four sides in the side or rear yard of a property.

(c)

Height and setback of fences regulated.

(1)

Residential fences are permitted up to the property lines in Residential Districts but shall not, in any case, exceed a height of six feet without a conditional use permit, shall not exceed 48 inches in height from grade in the front, side, or rear yard setback abutting a public sidewalk, shall not encroach into any vision corner and shall not be closer than three feet to any public right-of-way along a public alley. The height of any fence shall be measured as an average and shall not include the posts or pillars to which a fence is attached.

a.

Decorative wrought iron, brick, stone, PVC or painted picket style fences less than 48 inches (average) in height from grade or decorative lot corner landscape may be placed up to the property line in Residential Districts and shall not violate vision corner ordinances pursuant to this section.

b.

A fence located in an interior side yard between dwellings shall not exceed six feet in height.

c.

A fence located in a rear yard abutting a public sidewalk may be erected to a height of six feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four feet is at least 50 percent open. An example of the latter is a fence that is opaque to a height of four feet and is topped with not more than two feet of lattice. A fence as specified above may be located in a side yard on the street side of a corner lot behind the principal structure.

d.

All fences must be constructed and maintained in a good state of repair and appearance. The finished side or decorative side of a fence shall face adjoining property.

e.

Any fences adjacent to or encroaching into alley right-of-way that are required to be removed for construction related causes during a City alley project may be reconstructed within the three-foot setback, provided they are reconstructed outside of the right-of-way using the property line established by the Engineering Department during the project without the requirement of a Certified Survey Map.

(2)

No fence, wall, hedge, or shrubbery shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.

(3)

Property owners shall locate fences no closer than three feet from the property line so that each side of the fence may be properly maintained by the owner of the fence while on said owners property, unless an affidavit in recordable form is provided signed by the adjacent property owners agreeing to maintain the opposite side of the fence or agreeing to permit the owner of the fence to maintain said fence. This requirement can be waived if a maintenance free fence is installed.

(4)

In the case of a proposed fence installation within three feet of a lot line where no record of a fence existed, a survey prepared by a registered land surveyor or professional engineer is required to obtain a building permit. No survey is required if a recordable affidavit signed by all affected property owners establishes an agreed upon lot line.

(d)

Fences on nonresidential property. Fences are permitted on the property lines in all commercial zoning districts but shall not exceed eight feet in height in commercial zoning districts and ten feet in height for property zoned light or heavy industrial and shall be of an open type similar to woven wire, chainlink or wrought iron fencing. Fences regulated under Section 10-49(2)(b) as part of an approved Beer Garden License are not subject to these restrictions. Solid vinyl or composite fences are only allowed on property lines abutting a residential property, but cannot be taller than six feet. The fence can be up to eight feet tall by a conditional use permit.

(e)

Prohibited fences. No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten feet above grade and project toward the fenced property and away from public area.

(1)

No person shall construct or install:

a.

Any wire or chainlink-type fence with the cut or salvage end of the fence exposed at the top.

b.

A fence which creates a hazard to users of the street, sidewalk or to nearby property.

c.

An incomplete fence, consisting only of posts and supporting members.

d.

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

e.

Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fence shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days or, in the case of a construction project, shall only be for the duration of said construction project.

f.

Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Code of Ordinances shall not be modified, enlarged, extended or replaced, except in strict compliance with all of the requirements of this chapter. The replacement of a nonconforming fence as to height, setbacks (vision corner requirements shall still be met), or fence material type may be made provided that the fence material be the same or higher grade as outlined below:

Ascending order of fence types:

1.

Chainlink.

2.

Chainlink with PVC coating.

3.

Stained treated wood.

4.

Cedar.

5.

Vinyl.

6.

Wrought iron or aluminum.

7.

Field stone or brick (does not include split face block).

g.

Fences required under conditional use permits. An opaque fence of six feet in height may be required on property for which a conditional use permit is granted in those cases in which such a fence is determined to be beneficial to the health, safety, or welfare of the public or adjoin property owners. Such fence shall comply with material requirements as specified hereunder.

h.

Permit required. A City of La Crosse Building Permit is required for any newly installed fence or for a total fence replacement as defined in section 103-34 which shall be set at the same rate as a Flat Permit Fee in section 103-34.

i.

Vision clearance. No fence, structure, post, pillar or object of natural growth shall hereafter be maintained or allowed to grow higher in the vision clearance area than 36 inches above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists. This provision shall likewise apply to alley vision clearance areas.

1.

The requirement of vision clearance shall not apply at a height of six feet or more above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists.

2.

Objects of narrow width, which do not exceed ten inches in diameter, which do not impair corner vision, may, at the discretion of the Fire Department - Division of Fire Prevention and Building Safety, be permitted in the vision clearance area.

3.

Right-of-way. All permanent fences shall be located outside the public right-of-way.

4.

Public nuisance. Obstruction to visual clearance, as regulated by this section, shall be deemed to be a public nuisance and the Fire Department - Division of Fire Prevention and Building Safety and City Attorney are authorized to abate said nuisance.

(2)

Obstruction of ingress/egress area of a dwelling.

a.

No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of six feet shall be maintained between any solid fence and any such window or opening in a dwelling.

b.

The Fire Department may approve a fence adjacent to a required ingress/egress opening of a dwelling between four feet and six feet if the fence has one of the following features:

1.

For basement ingress/egress openings, the fence opening or gate shall be the width of the ingress/egress opening or four feet whichever is greater with no ability to lock or secure said gate, or a four-foot wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

2.

For ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four feet whichever is greater with no ability to lock or secure said gate, or a four-foot wide approved breakaway fence panel, or the top of the fence shall be no taller that the bottom of the sill of the ingress/egress opening and the area on both sides of the gate/fence shall continuously be free from all obstructions including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

(3)

Fences permitted without a permit. The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties:

a.

Snow fencing shall be permitted in all districts not exceeding four feet in height provided it is removed between May 1 and November 1 of each year. No snow fence shall extend into the street right-of-way line unless installed by the City or a contractor having a permit from the City.

b.

Agricultural/farm fences are limited to agriculturally zoned or used districts. An agricultural/farm fence is a fence consisting of chicken wire, deer fence, hog wire, high tensile, wire strand and barbed wire used in the agricultural, farming and livestock business, specifically for livestock, animal, and bird control.

c.

Fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.

d.

Underground electrical fences are permitted in all districts.

(f)

Fences on City-owned property and easements. Fences that are owned and maintained by the City, front recreational trails, and are built on City-owned property or on private land through City easement rights, shall be under the authority of the Board of Public Works, including the height of the fence, fence materials and fence location, and no fence permit shall be required. Fences located on City Utility property can be screened with materials approved by the Board of Public Works.

(g)

Fences that are required for an outdoor dining area will be approved in accordance with section 40-106(3). No permit will be required from the City of La Crosse Fire Department.

(Code 1980, § 15.04(N); Ord. No. 4911, § I(attch.), 1-14-2016; Ord. No. 4926, § I, 5-12-2016; Ord. No. 4990, §§ I, II, 5-11-2017; Ord. No. 5022, § I, 9-14-2017; Ord. No. 5151, § V, 7-30-2020; Ord. No. 5157, § I, 10-8-2020; Ord. No. 5216, § I, 5-12-2022; Ord. No. 5219, § X, 5-12-2022; Ord. No. 5252, § II, 6-8-2023)

(a)

A land use permit is required for all fill in the floodplain and the cost of such permit shall be as established by resolution.

(b)

No lot or parcel shall be filled to a height exceeding two feet three inches above the base flood elevation for those parcels located in the floodplain zoning districts.

(c)

If fill exceeds two feet above the grade of adjoining properties, the abutting property owners shall be notified in writing by the City. A land use permit is required and the permit approval is subject to a review by the City's Design Review Committee to determine if the proposed fill is contrary to the public interest and considering any impacts to the abutting property owners. For properties not located in the floodplain, no lot or parcel shall be filled to a height exceeding two feet above the grade of adjoining properties and in no case shall the final grade of the parcel allow any stormwater runoff to be directed to any adjacent or abutting lot or parcel in accordance with section 103-336(c).

(d)

The height of any retaining wall or poured wall system shall not exceed two feet above the base flood elevation and shall not be closer than three feet to a lot line on all four sides unless an affidavit signed by the abutting property owners is presented to the Department of Planning and Development and shall have the exterior side of the retaining wall be of decorative CMU or poured wall with a form that has a decorative finish and there shall be shrubs and plantings placed on all four sides of said retaining wall within the three foot setback area. Such retaining walls must also meet the existing vision clearance ordinances. Fill in the three-foot setback may be allowed to the same neighboring property grade. Fill placed inside the poured retaining wall shall be clean, porous sand or other earthy material such as subsoil. All retaining walls constructed for the purpose of creating a building site for a structure or building shall be a decorative poured masonry wall or decorative CMU.

(e)

The maximum of any grade on a driveway as part of a retaining wall or poured wall system shall be eight percent.

(f)

One hundred percent of all water from roof drains, rain gutters, and spouts shall be directed to rain gardens and no stormwater runoff shall impact an abutting property and shall not be directed toward abutting private property nor shall it be directed to or across public property including sidewalks, streets or alleys in any manner unless a recorded drainage easement is recorded to allow water to be drained to a rain garden on neighboring property. Rain water may be directed to a City boulevard if said boulevard is converted to a bio-retention cell, is not directed across a sidewalk, and prior approval is given by the Board of Park Commissioners or Board of Public Works and a formal maintenance agreement is recorded on the deed of the contributing property requiring maintenance of the bio-retention cell.

(Code 1980, § 15.04(O))

Adult-oriented establishments shall be permitted in the M2 Districts. These regulations are intended to reduce high-risk sexual behavior and to aid in the surveillance and detection of unlawful activities within these premises.

(1)

Prohibited. No adult-oriented business shall be located within 1,000 feet of the following:

a.

Residentially zoned property;

b.

Residentially used property;

c.

Public or private educational facilities;

d.

Religious centers;

e.

Public park or recreational areas;

f.

Day care center;

g.

Youth center;

h.

Public library;

i.

Public museum;

j.

The Interstate 90 right-of-way; or

k.

Another adult-oriented business.

(2)

Outdoor activities. Any outdoor activities associated with the adult-oriented business are prohibited. The adult-oriented business shall be conducted entirely within an enclosed building.

(3)

Signs. Signs associated with the adult-oriented businesses shall comply with chapter 111. There shall be no outdoor sign or interior sign visible from the exterior of the building which features or depicts sexual conduct or a facsimile thereof.

(4)

Multiple uses prohibited. There shall not be more than one adult-oriented use allowed at any given location.

(5)

Other requirements. The adult-oriented business shall comply with all applicable local, State, and Federal laws, rules, and ordinances regulating such uses.

(6)

Nonconforming uses. If two or more adult-oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult-oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming.

(7)

Private viewing of adult entertainment.

a.

Any adult-oriented establishment having available for customers, patrons, or members any booth, room, or cubicle for the private viewing of any adult entertainment shall comply with all of the requirements of subsection (7)b of this section.

b.

Each such booth, room, or cubicle shall:

1.

Be totally accessible to and from aisles and public areas of the adult-oriented establishment, and shall be unobstructed, in total or in part, by any door, curtain or portal partition.

2.

Be separated from all adjacent booths, rooms, and cubicles and any nonpublic areas by a partition. All partitions shall be solid and without any openings, and shall extend from the floor to a height of not less than six feet. All partitions shall be light colored, non-absorbent, smooth textured and easily cleanable.

3.

Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying such booth, room, or cubicle.

4.

Have a floor which is light colored, non-absorbent, smooth textured and easily cleanable.

5.

Be lighted in such a manner that a person in the booth, room, or cubicle is reasonably visible from the adjacent public rooms or areas, but such lighting shall not be of such intensity as to prevent the viewing of videotapes, motion pictures, or other offered entertainment.

(Code 1980, § 15.04(P))

(a)

Location requirements. Community living arrangements shall be subject to the criteria listed in this section. Agents of a facility may apply for an exception to these requirements. Exceptions shall be granted at the discretion of the City. Any exception shall come in the form of a conditional use permit and the City will use its conditional use process and its evaluation criteria to decide such an application.

(1)

No community living arrangement may be established within 2,500 feet of any other such facility.

(2)

The City may prohibit additional community living arrangements from locating in the City when the total capacity of such community living arrangements exceeds 25 persons, or one percent of the City's population, whichever is greater.

(3)

The City may prohibit additional community living arrangements from being located within any aldermanic district when the capacity of community living arrangements in that district reaches 25 persons or one percent of the aldermanic district's population, whichever is greater.

(4)

A foster home or treatment foster home that is the primary domicile of a foster parent or a treatment foster parent and that is licensed under Wis. Stat. § 48.62 shall be a permitted use in all residential areas and is not subject to subsections (1) through (3) of this section, except that foster homes and treatment foster homes operated by corporations, churches, associations or public agencies shall be subject to the constraints contained in subsections (1) through (3) of this section.

(5)

Any adult family home as described in Wis. Stat. § 50.01(1)(b), meaning a place where three or four adults who are not related to the operator of a facility reside and receive care, treatment or services in that facility and the care, treatment or services are above the level of room and board and may include up to seven hours per week of nursing care per resident, may not be established within 2,500 feet of any other adult family home or any community living arrangement.

(6)

An adult family home, as defined in subsection (5) of this section, that meets the criteria established in that subsection and is licensed under Wis. Stat. § 50.033(1m)(b) is permitted to locate in the City without restriction as to the number of adult family homes in the City, and may locate in any residential zone, without being required to obtain special zoning permission, except as provided in this chapter's annual review provision.

(7)

Where a community living arrangement has a capacity for eight or fewer persons being served by the facility's program, and where the CLA meets the criteria established in subsections (1) through (3) of this section, and is licensed, operated or permitted under the authority of the Wisconsin Department of Health Services or the Wisconsin Department of Children and Families, that facility is entitled to locate in any residential zone, without being required to obtain any further special zoning permission except as provided in the annual review provision of this chapter.

(8)

In all cases where a community living arrangement has a capacity for nine to 15 persons being served by the facility's program, and meets the criteria established in subsections (1) through (3) of this section, and is licensed, operated or permitted under the authority of the Wisconsin Department of Health Services or the Wisconsin Department of Children and Families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or two-family residences, except as provided in the annual review requirements of this chapter, but the facility is entitled to apply for special zoning permission to locate in those areas.

(9)

In all cases where a community living arrangement has a capacity for serving 16 or more persons, meets the criteria contained in subsections (1) through (3) of this section, and is licensed, operated or permitted under the authority of the Wisconsin Department of Health Services or the Department of Children and Families, that facility may apply for special zoning permission to locate in areas zoned for residential use.

(b)

Conditional use procedures.

(1)

The owner/operator of a proposed community living arrangement (CLA) shall submit the following with the application for a conditional use permit:

a.

A building plan as required by Section 115-342, plus:

1.

The layout of the building and any planned additions, including size and layout of rooms;

2.

The total square footage of the building and total living space and square feet;

3.

The number of bedrooms and the number of beds per bedroom;

4.

Handicap and emergency access and exit;

b.

A site plan as required by Section 115-342, including:

1.

Location and the "footprint" of building(s) and structure(s);

2.

Off-street parking areas; and

3.

Proposed landscaping.

c.

A drainage plan, landscape plan, and utility plan as required by Section 115-342.

(2)

The application for a residential conditional use permit shall also be accompanied by an operational plan which includes the name and address of the CLA operator, the proposed operation and supervision including the type of CLA and any programs offered, the number of employees, the proposed bed capacity and total number of occupants of the structure including any residents not under residential care.

(3)

Upon receipt of all necessary information and the permit fee, the Department of Planning and Development may request the Wisconsin Department of Children and Families to inspect the proposed CLA and review the proposed operation. Approval of the Department may be a condition of approval of the conditional use permit. The same shall apply to any other applicable agency or department, such as the Federal Veterans Administration where appropriate. Comments or reports on the proposed CLA received from such agencies will be considered. The CLA conditional use permit request must confirm compliance with Wis. Admin. Code ch. DCF 57, Wis. Stat. ch. 50, and all other applicable licensing regulations of the Wisconsin Department of Children and Family Services and any other relevant agency appropriate to the facility seeking the conditional use permit. The CLA must confirm compliance with all applicable State and local Housing Building, and Fire Codes.

(4)

The application will also confirm adequate off-street visitor and employee parking. The City may require more parking than is normally required if special characteristics of the CLA warrant such additional parking.

(5)

In the business zoning districts, all proposed residential uses are to be above the first floor.

(6)

There shall be no outdoor signs on or near the facility and the CLA's exterior appearance and proposed operation must be compatible with the surrounding residences when it is in a residential district or surrounding uses when it is in a business or other district.

(7)

When the proposed CLA is not within one half mile (2,640 feet), measured from property line to property line, of a public park, the CLA shall provide 75 square feet of open recreational space on the property per bed.

(8)

The City shall use the following factors when reviewing the proposed capacity (density) of the CLA:

a.

Per person living space requirements of Wis. Admin. Code ch. DCF 57, the Federal Veterans Administration ("VA") Regulations, the City of La Crosse minimum housing code requirements and any other applicable requirements. In no case shall the City approve a capacity which would provide less living space per person than State, local or VA requirements;

b.

The ambulatory and physical nature of residents;

c.

The densities of residential uses within the surrounding neighborhood;

d.

The density data available from the U.S. Census Bureau for the City;

e.

Densities of other CLA's the City has reviewed since adoption of this section;

f.

Densities of other similar CLAs in the City;

g.

The type of CLA building and room layout;

h.

The proposed living and working space arrangements for residents, house parents and other employees;

i.

The area and configuration of the CLA lot; and

j.

Any comments from the Wisconsin Department of Children and Family Services, the VA, La Crosse County, City representatives, and other applicable agencies.

(9)

The City shall also consider other issues which may have an adverse social, economic, or environmental impact or effect on the health, safety or welfare of abutting or neighboring properties or the City as a whole.

(c)

Conditional use standards. No application for a conditional use shall be recommended, approved or granted by the City Plan Commission unless the Commission finds all of the following:

(1)

All standards under Section 115-342(k) are met.

(2)

That when applying the above standards to an application by a community living arrangement the City Plan Commission shall:

a.

Bear in mind the City's general intent to accommodate community living arrangements in applying these criteria;

b.

Exercise care to avoid an over-concentration of community living arrangements which could create an institutional setting and seriously strain the existing social structure of the community. Considerations relevant to the determination include:

1.

The distance separating the proposed community living arrangement from other such facilities;

2.

The capacity of the community living arrangement and the percentage by which the facility will increase the population of the aldermanic district and/or the City;

3.

The total capacity of all community living arrangements in the City;

4.

The impact on the City of other community living arrangements;

5.

The success or failure of integration into communities or other community living arrangements operated by the individual or group seeking the conditional use permit; and

6.

The ability of the City to meet the special needs, if any, of the applicant facility.

(d)

Annual review.

(1)

Not less than 11 months nor more than 13 months after the first licensure of an adult family home under Wis. Stat. § 50.033 or a community living arrangement, and every year thereafter, the Common Council may make a determination as to the effect of the adult family home or community living arrangement on the health, safety and/or welfare of the City's residents.

(2)

This residential impact determination shall be made after a hearing before the Common Council. The City shall provide at least 30 days' notice to the licensed adult family home or the community living arrangement that such a hearing will be held. At the hearing, the facility may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The Common Council may call witnesses and may issue subpoenas. All witnesses shall be sworn by the Common Council. The Common Council shall take notes of the testimony and shall mark and preserve all exhibits. The Common Council may, and upon request of the facility's representatives, shall, cause the proceedings to be recorded by a stenographer or by a recording device, the expense thereof to be paid by the City. Within 20 days of the hearing, the Common Council shall mail or deliver to the facility its written determination stating the reasons therefore. The determination shall be a final determination.

(3)

If the Common Council determines that the existence in the City of a licensed adult family home or a community living arrangement poses a threat to the health, safety and/or welfare of the City's residents, the Common Council may order the adult family home or community living arrangement to cease operation until special zoning permission is obtained. This order is subject to judicial review pursuant to Wis. Stat. § 68.13, except that a free copy of the transcript of any hearing at which the determination is made may not be provided to the adult family home or community living arrangement. The adult family home or community living arrangement must cease operation within 90 days after the date of the order, or the date of final judicial review of the order, or the date of the denial with special zoning permission, whichever is later.

(e)

Pre-licensure community involvement. Prior to the initial licensure of a residential care center for children and youth operated by a child welfare agency or group home or a community-based residential facility operated by the State of Wisconsin, the applicant for licensure must make a good faith effort to establish a community advisory committee consisting of representatives from the proposed facility, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with Wis. Stat. § 48.68(4) or 50.03(4)(g), as applicable, with the local government representative being the local Common Council Member.

(Code 1980, § 15.42; Ord. No. 5322, § III, 1-9-2025)

(a)

Awnings. It shall be unlawful to permit any awning to project more than ten feet or the width of the sidewalk, whichever is lesser, from the front of any building, or to fall lower than nine feet from the surface of the public sidewalk when in use, except the Heritage Preservation Commission may approve a waiver of the nine-foot height requirement when the awning is located in a Historic District or the area bounded by the Mississippi River, the La Crosse River, 7th Street, and Cameron Avenue. The Board of Public Works may approve a waiver of the nine-foot height requirement when located in all other areas of the City.

(b)

Signs, canopies and overhead sidewalk heaters. No sign, advertising device, overhead sidewalk heater, or canopy shall project more than ten feet or the width of the sidewalk, whichever is the lesser, over any sidewalk, and the bottom of each such sign, advertising device, overhead sidewalk heater, or canopy shall be at least nine feet above the level of the sidewalk over which it projects. All such signs, advertising devices, overhead sidewalk heaters, and canopies shall be securely fastened and shall in no way encroach upon the public sidewalk or street.

(Code 1980, § 5.06)

Cross reference— Street privilege permit, § 40-103 et seq.

(a)

Purpose and intent. The purpose of this ordinance is to allow the optional development and redevelopment of land in La Crosse consistent with the design principles of traditional neighborhoods.

(1)

A traditional neighborhood:

a.

Is compact.

b.

Is designed for the human scale.

c.

Provides a mix of uses, including residential, commercial, civic, and open space uses in close proximity to one another within the neighborhood.

d.

Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes.

e.

Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those streets to existing and future developments.

f.

Retains existing buildings with historical features or architectural features that enhance the visual character of the community.

g.

Incorporates significant environmental features into the design.

h.

Is consistent with the La Crosse's Comprehensive Plan or other applicable area plans.

(2)

The Traditional Neighborhood Development District under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community.

(b)

Applicability.

(1)

Traditional Neighborhood Development is for lot sizes less than two acres.

(2)

In Traditional Neighborhood Development District, such development may encompass one or more principal uses or structures and related accessory uses or structures with a continuity of design and development, under a unified specific and precise comprehensive development plan. There may be a combination of land uses, including a variety of residential types, commercial, industrial, public and semi-public areas, arranged and designed in accordance with sound land planning principles and development techniques; and in such a manner as to be properly related to each other, the surrounding community, the planned thoroughfare system, and other public facilities such as water and sewer systems, parks, schools and utilities.

(3)

The use or uses of each Traditional Neighborhood Development District shall be individually or specifically approved and may be a use permitted in the Single-Family Residence, Residence, Multiple Dwelling, Local Business, Commercial, Light Industrial, Heavy Industrial, Public and Semi-Public, Public Utility, or Parking Lot Districts, or a combination of uses permitted in the different zoning districts.

(c)

Application procedure. Prior to the issuance of any permits for development within a Traditional Neighborhood Development District, the following steps shall be completed according to the procedures outlined in this section:

(1)

Pre-petition conference. Prior to filing the rezoning petition for Traditional Neighborhood Development with the City Clerk's Office, the applicant shall meet with the Department of Planning, Development and Assessment to discuss the scope and proposed nature of the development and the procedure for approval, including submittal requirements and design standards.

(2)

Petition. Following the pre-petition conference, the applicant may file a petition with the City Clerk's Office for an amendment to the City's Master Zoning Map requesting designation as a Traditional Neighborhood Development District. The procedure for rezoning to a Traditional Neighborhood Development District shall be as required for any other change in zoning district boundaries, except that in addition thereto, the rezoning may only be considered in conjunction with a comprehensive development plan and shall be subject to the following additional requirements. The comprehensive development plan may be in the form of a general development plan in order to receive concept approval therefore requiring a two-step process or in the form of a combined general and specific comprehensive development plan in order to receive final approval in a simultaneous, single step approval process. Such petition shall be accompanied by a permit fee in the amount established by resolution.

a.

General Implementation Plan. The purpose of the General Implementation Plan is to establish the intent, density, and intensity for a proposed development. A General Development Plan encompassing all of the subject property which includes the petition, a statement which sets forth the relationship of the proposed Traditional Neighborhood Development to the City's adopted Comprehensive Plan, or any other adopted area plans, the general character and size of the proposed uses, adherence to the district's design standards, and the following information.

1.

A conceptual site plan, depicting proposed features and existing site features and uses that will remain. These features should include building outlines, location of streets, transit stops, drives and parking areas, pedestrian and bicycle paths, service access areas for receiving material and trash removal, any other impervious surfaces and any other significant features. Must also indicate topography in two-foot contours, all slopes of 30 percent or greater, floodplains, and wetlands.

2.

General landscaping treatment including the location of proposed and existing trees and shrubs.

3.

A conceptual storm water management plan identifying the proposed patterns of major stormwater runoff, locations of stormwater infiltration areas, and other significant stormwater best management practices.

4.

Conceptual building elevations of the proposed structures conveyed with drawings or renderings that include dimensions of building height and width, and facade treatment.

5.

Any proposed departures and requested waivers from the standards of development as set forth in other City zoning regulations, land division ordinance, sign ordinance and other applicable regulations.

6.

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

7.

A description of the relationship between the lands included in the proposed Traditional Neighborhood Development District and surrounding properties.

8.

Characteristics of soils related to contemplated specific uses.

9.

Existing topography on site with contours at no greater than two-foot intervals City Datum where available.

10.

Wherever residential development is proposed, the general development plan shall include the approximate number of dwelling units proposed by type of dwelling and the density (i.e., the number of dwelling units proposed per gross and net acre for each type of use) and proposed off-street parking.

11.

Wherever commercial development is proposed, the general development plan shall include the approximate retail sales floor area and total area proposed for commercial development, the anticipated types of uses proposed, and proposed off-street parking.

12.

Wherever institutional, recreational or other public or quasi-public development is proposed, the general development plan shall include the general types of uses proposed, significant applicable information with respect to enrollment, residence employment, attendance, or other social or economic characteristics of development and proposed off-street parking.

13.

Wherever proposed developments include more than one land use as outlined above, the general development plan shall contain the information as appropriate for the proposed use.

14.

Any other information deemed necessary in order to evaluate the petition.

b.

General Implementation Plan Process.

1.

Referral and hearing. Within 60 days after completion of the filing of the petition for rezoning under a general development plan, the City Plan Commission and Common Council shall conduct public hearings to consider the petition. A recommendation from the City Plan Commission to adopt, adopt with conditions, or to not adopt will be provided to the Common Council.

2.

Approval of the rezoning and related general development plan shall establish the basic right of use for the area when in conformity with the general development plan as approved, which shall be an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific comprehensive development plan, and shall not make permissible any of the uses as proposed until a specific comprehensive development plan is submitted and approved for all or a portion of the area included within the general development plan.

3.

If a specific comprehensive development plan is not filed within 18 months of the date of approval by the Common Council, the approval shall become null and void and a new petition and approval process shall be required to reobtain general development plan approval. If the general development plan and comprehensive development plan are approved at the same time and construction has not commenced within 12 months of the date of approval by the Common Council, the approval shall become null and void and a new petition and approval process shall be required to obtain general development plan and specific comprehensive development plan approval.

c.

Specific Implementation Plan. The purpose of the Specific Implementation Plan is to establish a detailed development proposal. The Specific Implementation Plan can be proposed, reviewed, and acted upon as whole or in part or phases. Within 18 months of the date of approval by the Common Council of a general development plan, a specific comprehensive development plan must be submitted for approval by the Common Council. If applicable, the applicant must have also completed the City's design review process. In addition to the information submitted for the general development plan, the following information must be attached to the applicant's Traditional Neighborhood District rezoning petition. (All items shall be required of new developments. Applicants may work with Planning, Development, and Assessment Department staff during the pre-petition conference to determine what items are applicable for existing developments).

1.

All final architectural and engineering plan sets typically required for a building permit application which includes, but is not limited to:

i.

Detailed site plan showing the dimensions and locations of all proposed structures, off-street parking, and easements.

ii.

Utility plan depicting utility types and connections.

2.

A final Photometric Plan for the site depicting exterior light fixture locations and specifications sheets.

3.

A final stormwater management and erosion control in accordance with Chapter 105.

4.

Detailed building elevations including building materials and dimensions.

5.

A final landscaping plan.

6.

Any other information deemed necessary in order to evaluate petition.

d.

Specific Implementation Plan Process.

1.

Referral and hearing. Within 60 days after completion of the filing of the petition for rezoning under a specific development plan, the City Plan Commission and Common Council shall conduct public hearings to consider the petition. A recommendation from the City Plan Commission to adopt, adopt with conditions, or to not adopt will be provided to the Common Council.

(3)

Changes or additions. Any subsequent change or addition to the plans or uses shall be submitted for review to the City Plan Commission and approved by the Common Council. Any requested change or amendment need only include the pertinent portion of the plan and drawings to delineate the amendment to the plan and need not include those items or plans that are not being changed or modified. Said changes or additions made in accordance with this subsection shall not substantially modify the previously approved specific comprehensive development plan to the extent that the same is not inconsistent with said changes or additions.

(4)

Division of land. All Traditional Neighborhood Developments are required to follow the subdivision procedures set forth in Chapter 113.

(5)

Building permits. No building permits shall be issued for any structure not in strict compliance with the approved specific implementation plans, drawings and regulations as approved by the Common Council. Subsequent alterations, changes or amendments shall require the same prior approvals as the original zoning.

(d)

Traditional Neighborhood Development Design Standards. In the Traditional Neighborhood Development District there shall be no predetermined specific lot area, lot width, height, bulk or floor area ratio, yard, usable open space, sign and off-street parking requirements but are determined as part of an approved specific and precise comprehensive development plan and shall be, along with the plan itself, construed to be and enforced as a part of this section. Height, yard, vision, setback, parking, lot coverage, and other related standards applicable to similar uses in other comparable zoning districts along with neighboring properties shall be considered by the City Plan Commission and the Common Council when reviewing proposed developments under this zoning district.

The Common Council shall have final approval on all proposed developments. The Common Council may approve, deny or amend any proposed development in accordance with subsection (a)(2) of this section.

(1)

Traditional Neighborhood Development Uses. A traditional neighborhood development should consist of a mix of residential uses, mixed use areas, and open space.

a.

A mix of residential uses of the following types can occur anywhere. For infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the proposed development.

1.

Single-family detached dwellings, including manufactured homes.

2.

Single-family attached dwellings, including duplexes, townhouses, row houses.

3.

Multifamily dwellings, including senior housing.

4.

Secondary dwelling units (Accessory Dwelling Units).

5.

Special needs housing, such as community living arrangements and assisted living facilities.

b.

Mixed use areas can include commercial, residential, civic or institutional, and open spaces.

1.

Commercial uses.

i.

Food services. (Neighborhood grocery stores; butcher shops; bakeries; restaurants, cafes; coffee shops; neighborhood bars or pubs);

ii.

Retail uses (florists or nurseries; hardware stores; stationery stores; bookstores; studios and shops of artists and artisans);

iii.

Services (day care centers; music, dance or exercise studios; offices, including professional and medical offices; barber; hair salon; dry cleaning);

iv.

Accommodations (bed and breakfast establishments, small hotels or inns).

2.

Residential uses.

i.

Single family attached dwellings, including duplexes, townhouses, row houses.

ii.

Multifamily dwellings, including senior housing.

iii.

Residential units located on upper floors above commercial uses or to the rear of storefronts.

iv.

"Live/work" units that combine a residence and the resident's workplace.

v.

"Special needs" housing, such as community living arrangements and assisted living facilities.

3.

Civic or institutional uses.

i.

Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices.

ii.

Transit shelters.

iii.

Places of worship.

iv.

Educational facilities.

4.

Open space uses.

i.

Central square.

ii.

Neighborhood parks.

iii.

Playground.

iv.

Community Gardens.

c.

Open space uses.

1.

Environmental corridors.

2.

Protected natural areas.

3.

Community parks.

4.

Streams, ponds, and other water bodies.

5.

Stormwater detention/retention facilities.

6.

Community Gardens.

(2)

Development Density. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows:

a.

The number of single-family attached and detached units permitted shall be four—15 dwelling units per net acre.

b.

The number of multi-family units shall be 15—40 dwelling units per net acre.

c.

Secondary dwelling units are calculated into the dwelling's units per acre as stated above.

d.

All dwelling units constructed above commercial uses shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increased by more than ten dwelling units or ten percent, whichever is greater.

(3)

Stormwater Management. The design and development of the traditional neighborhood development should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable. New development and redevelopment shall meet the requirements in Chapter 105.

(4)

Lot and Block Standards. Diversity in block and lot size can assist with creating a pedestrian friendly environment. Maintaining a traditional grid system allows for multiple direct routes for pedestrians, bicyclists, and motorists. Lot design can visually enhance and promote development.

a.

Building Setback, Front - Mixed Use Areas. Structures in the mixed-use areas have no minimum setback.

b.

Building Setback, Front - Areas of Mixed Residential Uses. Single-family detached residences shall have a building setback in the front between zero and 25 feet. Single-family attached residences and multifamily residences shall have a building setback in the front between zero and 15 feet.

c.

Building Setback, Rear - Areas of Mixed Residential Uses. The principal building on lots devoted to single-family detached residences shall be setback no less than 15 feet from the rear lot line.

d.

Side Setbacks. The Side yard setback shall a minimum of four feet. A reciprocal access easement for both lots and townhouses or other attached dwellings, provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure may be required and recorded.

(5)

Parking requirements. Number of parking spaces, design, location, and screening of surface parking must meet the multifamily and commercial design standards in Chapter 115.

(6)

Architectural Standards.

a.

Existing Structures.

1.

Existing structures, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development. It must meet the requirements under Chapter 20.

i.

Existing structures not historically significant must meet the multi-family and commercial design standards under Chapter 115, if applicable.

b.

New Structures.

1.

Height. New structures within a Traditional Neighborhood Development shall be no more than three stories for single-family residential, or five stories for commercial, multi-family residential, or mixed use or within one story of adjacent properties, whichever is greater.

2.

Entries and Facades.

i.

The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street.

ii.

The front facade of the principal building on any lot in a Traditional Neighborhood Development shall face onto a public street.

iii.

The front facade shall not be oriented to face directly toward a parking lot.

iv.

Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.

v.

For commercial buildings, a minimum of 50 percent of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.

3.

New structures on opposite sides of the same street shall follow similar design guidelines. This provision shall not apply to buildings bordering civic uses.

4.

Garages and secondary dwelling units. Garages and secondary dwelling units shall be placed on a single-family detached residential lot within the principal building or an accessory building provided that the secondary dwelling unit shall not exceed 1,000 square feet and meet all requirements in Chapter 115.

5.

Exterior signage. All signage must meet the requirements in Chapter 111.

6.

Lighting.

i.

Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.

ii.

Lighting for all development, except for single-family detached dwellings, shall meet the multifamily and commercial design requirement for exterior lighting in Chapter 115.

(7)

Landscaping and Screening Standards.

a.

Street trees. Developments shall meet the multifamily and commercial design requirement for street trees in Chapter 115.

b.

Parking area landscaping and screening. Developments shall meet the multifamily and commercial design requirement for parking area landscaping, design and screening in Chapter 115.

c.

Planting type and size. Development shall meet the multi-family and commercial design requirements for landscaping Chapter 115.

(Ord. No. 5307, § I, 10-10-2024)

Editor's note— Ord. No. 5307, adopted October 10, 2024, repealed and recreated § 115-403 in its entirety to read as herein set out. Former § 115-403 pertained to a similar subject matter, and derived from the 1980 Code.

Bed and Breakfast Inns must meet the following requirements:

(a)

The Inn shall be designated as a historic structure pursuant to the provisions of article II of chapter 20.

(b)

There shall be no substantial modifications to the exterior appearance of the structure, except for building code-compliant features added for public safety such as fire escapes and entrances for persons with disabilities.

(c)

No interior modification shall be injurious to this historic character of the structure, including, but not limited to, floors, woodwork, chair rails, stairways, fireplaces, windows, doors, cornices, festoons, molding, and light fixtures.

(d)

Nothing which contributes to the historic nature of the neighborhood in which the bed and breakfast inn is located may be removed to provide additional space for the inn or parking for the inn.

(e)

The Inn shall contain at least 2,000 square feet of normal residential space, exclusive of garages and storage sheds.

(f)

An owner with a 25-percent or greater interest in the inn shall reside on site.

(g)

Breakfast served on the premises shall only be for guests and employees of the inn; no other meals shall be provided on the premises.

(h)

Rooms may not be equipped with cooking facilities.

(i)

Lavatories and bathing facilities shall be building code-compliant and available to all persons staying at the Inn.

(Ord. No. 5270, § X, 12-18-2023)

(1)

Purpose and intent. The purpose of the allowing Accessory Dwelling Units (ADUs) is to provide homeowners with companionship, security, services, income, or other benefits; to add housing units that are appropriate for people at a variety of stages of life in neighborhoods; and to protect neighborhood stability, property values, and the appearance of the neighborhood by ensuring that ADUs are installed under the conditions of this section.

(2)

Standards and criteria. ADUs shall meet the following standards and criteria:

a.

Accessory Dwelling Units (ADUs) shall be a permitted accessory use in the R-1, R-2, R-3, R-4, and Washburn Residential zoning districts.

b.

The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. The ADU must meet utility service line and metering regulations as well.

c.

Accessory dwelling units shall only be allowed as a new, freestanding structure; as a conversion of an existing detached garage; or as an addition to an existing detached garage.

d.

In no case shall an ADU be more than the primary building's total floor area, nor more than 900 square feet. ADUs above a garage shall not count toward the maximum area for accessory buildings.

e.

Minimum parking requirements in this chapter shall only apply to the primary structure. There shall be no minimum parking requirement for the ADU.

f.

Only one ADU may be created per parcel.

g.

The accessory structure containing the ADU shall have a six-foot side yard setback and meet all other required setbacks for an accessory structure. An existing accessory structure containing an ADU is not required to meet all other required setbacks for an accessory structure.

h.

Any outside entrance serving the accessory dwelling unit shall be located on the side or rear of the accessory dwelling structure, if new. No rescue platform or exterior staircase shall be permitted.

i.

Prior to the issuance of a permit for the construction of the accessory dwelling unit, the owner(s) shall file a deed restriction with the Office of the La Crosse County Register of Deeds stating that:

(i)

The independent sale of the accessory dwelling unit is not allowed.

(ii)

An owner of the property must occupy either the principal dwelling unit or the accessory dwelling unit.

(Ord. No. 5280, § II, 2-9-2024)

Professional home offices must meet the following requirements:

(a)

Examples include an attorney, architect, consultant, physician, or accountant.

(b)

The office may occupy no more than two rooms in the dwelling.

(c)

No more than one nonmember of the household employee (in addition to the proprietor) shall be permitted.

(d)

The owner of the home-based professional business shall reside on the premises.

(Ord. No. 5322, § XVI, 1-9-2025)

Mobile home parks must meet the following requirements:

(a)

Minimum mobile home park size: five acres.

(b)

Minimum lot size per mobile home: 4,000 square feet.

(c)

Minimum width of mobile home lot: 40 feet.

(d)

Maximum height of mobile home: 15 feet.

(e)

Minimum distance between mobile homes or buildings within mobile home park: 20 feet.

(f)

Minimum distance between mobile home and service road: 15 feet.

(g)

Minimum setback from property lines of mobile home park: 40 feet.

(h)

Each mobile home park shall be well drained, properly graded, and free from stagnant pools of water.

(i)

All mobile home lots shall abut upon a private driveway of not less than 30 feet in width which shall have unobstructed access to a public street or highway.

(j)

Each mobile home shall be served by a water supply and a sewerage disposal system, each connected to the public water and sewerage system.

(k)

All drives, parking areas and walkways shall be hard surfaced.

(l)

Each mobile home shall be securely anchored to the ground by its axle with an anchor so designed that it will hold the mobile home securely in place in winds with a velocity up to 100 miles per hour.

(m)

No mobile home sales office or other public or commercial use shall be located on the mobile home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage and one office serving the mobile home park are permitted.

(n)

A mobile home is defined as a portable dwelling intended for occupancy as a year-around permanent residence. A "mobile home park" is defined as a tract of land designated, maintained, intended, or used for the purpose of supplying the location or accommodations for mobile homes and shall include all buildings or uses intended to service the mobile home park.

(o)

All mobile homes to be placed on a site located in any floodplain zoning district shall be placed to prevent the flotation, collapse, or lateral movement of the structure due to flooding. Such mobile homes shall be anchored according to the following specifications:

1.

Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long shall require one additional tie per side;

2.

Frame ties shall be provided at each corner of the mobile home with five additional ties per side at intermediate points, and mobile homes less than 50 feet long shall require four additional ties per side;

3.

All components of the anchoring system shall be capable of carrying 4,800 pounds; and

4.

Any additions to the mobile home shall be similarly anchored.

(p)

The requirements set forth in Article V, Division 2 of this Chapter for existing mobile home parks and mobile home subdivisions shall also apply to new mobile home parks and to expansions to existing mobile home parks and subdivisions when they are in the Flood Zoning Overlay Districts.

(Ord. No. 5322, § XVII, 1-9-2025)

Veterinary clinics, animal hospitals, and kennels must meet the following requirements:

(a)

Outdoor runs shall be located to the rear of the building and all such areas visible from a public right-of-way shall be enclosed with a privacy fence or similar weather-resistant, durable, and opaque material that meets Section 115-398 of the Municipal Code.

(b)

Fences shall be no less than four feet in height.

(c)

All waste material shall be stored in closed containers and screened from all thoroughfares and adjoining properties by a fence, wall, or plant screen at least as high as the containers.

(d)

Emission of any offensive odors beyond the lot line shall not be permitted at any time.

(Ord. No. 5322, § XVIII, 1-9-2025)

Private garages for residents in the Community Business District or Commercial District must meet the following requirements:

(a)

Garage must be located off an alley with no frontage on the street.

(b)

The "Fire District" regulations apply for garages located in the City's Fire District.

(c)

The building must have brick siding to match adjacent buildings and the principal structure and consist of building materials meeting the requirements of the Fire District.

(d)

Accessory garages must have similar roof pitches and window treatments of the surrounding buildings.

(e)

If a proposed garage is within the National Register of Historic Places District, final approval of architectural or building plans is to be given by the Heritage Preservation Commission.

(f)

No residential, commercial, or industrial uses are permitted in the accessory garage.

(g)

The garage shall not be available for rent to the public or other property owners as it is to be used strictly by the owner or residential tenant of the principal building.

(h)

Accessory garages may not exceed 20 feet in height.

(i)

Garages may be attached or detached from the principal structure.

(Ord. No. 5322, § XIX, 1-9-2025)

(1)

The purpose and intent of this section is to allow limited commercial uses in structures that were originally constructed and used as commercial structures, or churches, for limited retail stores and personal service businesses is the to allow for limited commercial uses that are primarily suited to neighborhoods and are within walking distance (one-quarter mile) of the establishment. A neighborhood compatible uses will have little impact to the neighborhood and will "fit in" with the residential character and therefore require little if any off-street parking. The following prerequisites shall be met:

a.

The owner shall file documentation that the structure was originally constructed as a commercial structure and produce a historic record of commercial use which shall then be verified by the City.

b.

The original commercial structure shall not be greater than 3,000 feet in total square footage and not more than 1,500 square feet shall be devoted to the retail area for the proposed use. The original church structure shall not be greater than 5,500 feet in total square footage and nor more than 3,000 square feet shall be devoted to the retail area for the proposed use.

(2)

The following information shall be included with any permit application to the Fire Department - Division of Fire Prevention and Building Safety:

a.

The location, current use of the property, whether any structures or buildings will be demolished and the type of such structures or buildings to be demolished and any mitigation plan to offset loss of either tax base or housing opportunities;

b.

A site plan showing building location, signage location, lighting, landscaping plans, off-street parking, loading areas, ingress, egress, and existing or proposed screening;

c.

Building elevations (pictures or drawings) showing proposed use and character of the building frontage and any building or facade renovation and remodeling plans;

d.

Detailed signage and lighting plans; and

e.

A floor plan to include the square footage devoted to commercial or retail purposes, the hours of operation, locations for loading and unloading of raw materials and products produced at the site.

(3)

The following uses may be considered and because of their nature require no off-street parking:

a.

Ice cream and candy/confectionery store;

b.

Non-adult-oriented used bookstore;

c.

Barber shops and beauty parlors;

d.

Pet grooming establishment;

e.

Photography studio;

f.

Butcher shop;

g.

Bakery;

h.

Bike/skate shop;

i.

Artisan shop;

j.

Repairing/alterations of clothing apparel shop;

k.

Restaurants, cafes, coffee house, tearoom or delicatessens limited to indoor seating for 25 persons and outdoor seating for 12 persons; drive-ins or drive-through facilities are prohibited;

l.

New or used clothing and apparel;

m.

Shoe repair;

n.

Art gallery, framing, and stationary stores;

o.

Florist shop;

p.

Antique shop;

q.

Neighborhood grocery store;

r.

Variety and dry goods store; or

s.

Health club.

(4)

Fences, walls, and screening.

a.

Where the side or rear lot line abuts or is located across an alley from any residential zoning district there shall be a fence or landscape screening. Fences must be in conformance with Section 115-398.

b.

An opaque privacy fence or vegetative screening of a minimum of five feet and no more than six feet in height may be permitted if requested by an abutting residential property owner. Such fence shall be placed on the property line and shall run from the front setback line to the rear property line.

(5)

Parking and loading.

a.

Off-street parking shall be met for any residential use of the property and meet Section 115-393.

(6)

Signage. Any signage that can be viewed from the public street or sidewalk is strictly regulated and shall conform to the following requirements:

a.

Any outdoor advertising display signs shall be attached to and be parallel with the wall of the building;

b.

A maximum of two wall signs are permitted, one on the street facing side of the building and one on either side of the building;

c.

The maximum height of the sign facing the street shall not be more than two feet in height and shall not be more than 75 percent of the width of the building and in no case shall be more than 40 square feet in total;

d.

The maximum size of the sign on the side of the building shall be 12 square feet;

e.

Only indirect lighting is permitted and there shall be no internally lit signs;

f.

There shall be no projecting signs.

g.

All signs shall pertain only to the use conducted within the building.

h.

Digital or lighted signs, including window signs, are prohibited, except for one lighted sign that cannot be digital or flashing and is only lit during business hours indicating the business is "open" and which shall not exceed two square feet;

i.

Awning signs are permitted and shall only be constructed of fabric and shall not be internally lit; and

(j)

One sandwich board sign is permitted if placed in accordance with the City's sandwich board policy.

(Ord. No. 5322, § XX, 1-9-2025)

Metallic or nonmetallic sand and gravel processing facilities, including any of the following activities: sand and gravel washing or drying, processing, loading or unloading, storing, and transportation facilities, shall comply with the following requirements as part of the permitting process:

(a)

Submit an approved air pollution permit from the Wisconsin DNR. If an air pollution permit is not required, the applicant shall submit a letter stating the reasons an air pollution permit is not required.

(b)

Submit a stormwater management plan for the proposed site which shall be reviewed for compliance with the City's stormwater regulations by the City Engineer's Office.

(c)

Submit a fugitive dust control plan that shall address the following elements:

i.

Description of the operation;

ii.

Provide a map of activities;

iii.

List the activities which may produce both dust and particulates e.g. crushing, grinding, bagging, storing, transferring, loading and unloading, conveyors and drop points;

iv.

List of equipment on site or readily obtainable for cleanup to reduce fugitive dust: Watering truck/wagon or dedicated sprinkler system, frontend loader/trucks (cleaning up spillage), brooms, sweepers/vacuums, sealants for building/equipment, list of chemicals and/or additives for dust control and the MSDS;

v.

Site roadways and plant yard:

1.

Asphalt or concrete surfacing shall be required in any truck or equipment maneuvering area. The dust on the site shall be controlled by applications of water or other approved fugitive dust control compounds per Wis. Admin Code NR 415.075.

2.

All paved yards shall be swept or vacuumed daily with PM-10 approved sweepers and whenever fugitive is observed to control emissions, and any material spillage shall be cleaned up immediately.

3.

Fugitive dust should not cross the property boundary, and fugitive emissions from haul roads will not exceed 20 percent opacity at the source.

4.

Truck washing equipment or tracking pads/grizzly pads/shakers, or a combination of both, should be installed at each exit to remove build up material on tires or undercarriage.

vi.

Operation facilities:

1.

The drop distance from each transfer point shall be reduced to the minimum the equipment can achieve. The transfer point from the re-circulating belt to the feed belt shall be equipped with an enclosed chute.

2.

Plant equipment and enclosures shall be inspected on a regular basis for physical integrity. Any equipment or seal leaks shall be repaired as soon as practicable, but no later than 48 hours after being identified.

3.

Processing equipment (including dryers, washers, and screeners) and stockpiles within 500 feet of any residential or business district shall be enclosed by a structure.

vii.

Storage piles:

1.

Stockpiling of all nonmetallic minerals shall be performed to minimize drop distance and control potential dust problems.

2.

Stockpiles shall be observed daily and watered whenever fugitive dust is observed to control emissions. After application, a follow-up observation shall be performed to ensure the effectiveness of the control measure. Equipment to apply water or dust suppressant shall be available at the site, or on call for the use at the site, within a given operating day.

3.

Stockpiles within 500 feet of any residential or business district shall be enclosed by a structure. Stockpiles greater than 500 feet from a Residential or Business District and undisturbed for more than one week shall be covered.

4.

Encrusting agents approved by the WI DNR or covering shall be used on piles intended for long term storage or inactivity. Nontoxic antifreeze additives approved by the DNR can be used to control dust when temperatures are below 32 degrees Fahrenheit.

viii.

Truck traffic:

1.

Vehicles shall be loaded to prevent their contents from dropping, leaking blowing or otherwise escaping. This shall be accomplished by loading so that no part of the load shall come in contact within six inches of the top of any side board, side panel or tail gate. Otherwise, the haul trucks shall be covered, treated or secured to prevent the escape of materials likely to become airborne during transport, prior to any transportation off site.

2.

Excess dust and/or spillage of material off-site shall be cleaned up and returned to the facility or properly disposed of.

3.

Truck route designation. All trucks entering and leaving such facilities shall enter and exit La Crosse on designated truck routes. Such routes shall avoid residentially zoned property to the greatest extent possible.

4.

Trip generation. The frequency of loads entering and leaving the facility, as well as the weight of loads shall be identified.

ix.

Inspection:

1.

List the maximum intervals for inspection and routine maintenance of fugitive dust control equipment, including a description of the items or conditions that will be checked.

2.

List the schedules for watering, treating and periodic cleaning of roads, trafficable areas and storage piles.

3.

The provisions and procedures of this plan are subject to adjustment if following an inspection and written notification, the City finds fugitive dust management practices do not meet requirements and/or permitted emission limits are not being met.

x.

Staff responsible for implementation of plan:

1.

All staff members will be required to notify the operations manager of excessive fugitive emissions when observed. This will include a description of the source of the excessive emission. The operations manager will be responsible for directing dust control measures. The plan shall include the names and contact information for the operations manager and secondary contacts when the manager is not available or not on site.

2.

Records of daily inspections, visible emissions observations, equipment repairs, and dust suppressant activities shall be kept on file and be made available to the City upon request. The plan shall include a draft copy of the daily fugitive dust control reporting forms and other regular checks. The forms shall be dated and initialed by the person performing the checks.

(d)

Hours of operation. Hours of operation for truck traffic and equipment/machinery with back-up alarms shall be limited to 7:00 a.m.—10:00 p.m.

(e)

Landscaping and screening. Sufficient landscaping and screening, including, but not limited to, fences, walls and/or vegetative screens, as approved by the City of La Crosse, may be required to mitigate visual impacts and to provide wind breaks.

(f)

Any other applicable State or Federal permits shall be obtained and placed on file with the City of La Crosse. Any reports generated to fulfill permit requirements shall be submitted to the City of La Crosse.

(g)

Exemptions. The following entities and uses are exempt from requiring a permit for metallic or nonmetallic sand and gravel processing facilities.

i.

Government entities.

ii.

Construction overburden or fill stockpiles located on an active construction site. The 500 yards is to be measured cumulatively for "pass thru" stockpiles, such as when stockpiling for the purpose of changing mode of transportation or ownership of material and off-site construction stockpiles.

iii.

Sand stockpiles from dredging operations.

iv.

Operations that are preempted by Federal law.

(Ord. No. 5322, § XXI, 1-9-2025)

(1)

Minor automobile repair services are defined as repairs and servicing that produce relatively low levels of noise, vibration, and fumes and, more specifically, include the following types of repairs to motor vehicles of a gross vehicle weight of no more than 6,000 pounds:

a.

Motor vehicle maintenance that is limited to such activities as:

i.

Car washing.

ii.

Addition of fluids.

iii.

Wiper blade replacement.

iv.

Electrical charging.

b.

Air conditioning, starting and charging service.

c.

Engine oil changes, fluids replacement.

d.

Automotive electrical work and diagnostics other than audio sound system installation.

e.

Upholstery work.

f.

Windshield and glass installation.

g.

Tune-ups, diagnostics; spark plug replacement, emission control service.

h.

Other repairs of a similar nature with respect to impacts on nearby properties.

(2)

General garages for minor automobile repair services are subject to the following provisions.

a.

No general garage shall be located within 100 feet of a residential zoning district unless the following conditions are met:

i.

A solid board on board wood fence or brick or stone wall at least six feet in height is placed along any property line abutting a residential zoning district.

ii.

No motor vehicle repair or diagnostic activity occurs within ten feet of a residential zoning district.

iii.

No new service bay or garage door is oriented toward a residential zoning district.

b.

No motor vehicle repair or diagnostic activity shall be performed before 7:30 a.m. or after 8:30 p.m.

c.

Any general garage shall include no more than four service bays. For corner properties, such service bays shall be oriented to the street.

d.

All tires, barrels, auto parts, or any other materials used or sold on the premises shall not be stored outside of the building.

e.

No commercial tractor, trailer or semi-trailer, except trailers designed to be pulled by passenger automobiles, may be parked on the premises for more than four hours within any 24-hour period, except in case of emergency. Not more than four customer vehicles may be stored overnight in an outdoor location on the premises. A vehicle that is not in working order shall not be stored on such premises for more than 48 hours.

(Ord. No. 5322, § XXIII, 1-9-2025)

The following standards were established to improve the appearance, quality, and functions of multifamily housing and shall apply in the following zoning districts: Washburn Residential District, R-2 District through R-6 District, Traditional Neighborhood District, and Planned Development District in La Crosse. These standards shall apply to newly constructed buildings renovations exceeding 50 percent of the equalized assessed value of the structure (at the time of reconstruction/renovation), all multifamily housing that is moved to vacant lots, and additions. The property owner of an existing non multifamily structure that is being remodeled or renovated for use as a multifamily housing building shall meet the requirements of this section and obtain Development Review Committee approval for building design and site plans as a condition of obtaining any rezoning or building permit. These regulations shall not apply to owner-occupied zero lot line "twindominium" units that have been approved by the Common Council as part of a developer's agreement or Planned Development District rezoning so long as the lot split was completed prior to issuance of a building permit. This regulations shall not apply to building renovations using the Secretary of Interior Standards for historic buildings; the standards contained in this section shall supersede all other City of La Crosse ordinances as the relate to multifamily development, and if there is conflict, this article shall control, unless specifically stated.

(Code 1980, § 15.46(A))

(a)

These design standards will be administered as part of the building permit process, and documents required by these standards must be submitted to the Department of Planning and Development. A pre-application meeting with the Department of Planning and Development staff is required prior to submittal for the purpose of reviewing the requirements of this article. Seven complete sets of the following shall be submitted to the Department of Planning and Development as part of the application. Electronic copy of plan sheets for subsection (b)(1) and (2) of this section may also be submitted. Incomplete submissions will not be accepted.

(b)

Submittal requirements.

(1)

All architectural plan sets typically required for building permit application.

(2)

Site plan including the size and location of parking lots, bicycle parking areas, pedestrian sidewalks, outdoor recreational spaces, trash and smoking receptacles, vending machines, trash and recycling receptacles, landscaping fences, exterior lights, parking lot snow storage areas, garages and accessory buildings, etc.

(3)

Exterior light fixture locations and specification sheets.

(4)

Photos of at least four nearby buildings and four street views of nearby blocks.

(5)

A street facade diagram (elevation and materials).

(6)

A completed design standards checklist and a completed LEED checklist.

(7)

A landscaping plan and an erosion control plan.

(8)

Nothing in these design standards is intended to prevent the use of materials, systems, methods, or devices of equivalent or superior quality, strength, effectiveness, attractiveness, durability, and safety in place of those prescribed by this committee that demonstrates equivalency and the materials, systems, method, or device is approved for the intended purpose.

(c)

Design review process and review timeline. There is hereby established a Design Review Committee which shall consist of the following Department Heads: Director of Planning and Development Fire Department, Police Department, Public Works, Water and Sanitary Sewer Utility, and City Engineer. Meeting notices shall be sent to all Common Council Members. All requests for approval shall be reviewed within ten business days. The review timelines shall be provided to instructions to applicants. Designs may receive approval, conditional approval or denial. Developers may attend Design Reviews. Exceptions to the standards may be allowed on a case-by-case basis, consistent with the overall purpose of this article. All requests for exceptions to the standards shall be requested in writing with the original request for approval. In the case of a request for an exception, notification of the time, date and location of the meeting where such request is being considered shall be provided to all neighbors within 200 feet of said project. A in the amount established by resolution shall be paid to the City Clerk at the time of said submittal to provide for notification of the neighbors and a Class II notice in the La Crosse Tribune. Any request for exceptions shall be routed to the Design Review Committee, City Plan Commission, Judiciary and Administrative Committee, and Common Council for consideration and final determination as a legislative enactment. The Department of Planning and Development shall also make available to all applicants at the time of the pre-application meeting; a copy of this division, a design standards handbook, and checklist.

(d)

At the time of application for complete approval to the Design Review Commission, a Multifamily Development Design Review Fee in the amount established by resolution must be paid.

(Code 1980, § 15.46(B))

(a)

Intent to minimize the visual impact of parking areas as seen from the living units, from adjacent properties, and from the street; to enhance pedestrian access, circulation and safety by reducing curb cuts and driveways that cut across sidewalks; to minimize the volume and maximize the quality of stormwater runoff; to provide adequate but not excessive parking for residents; to prohibit the use of satellite parking lots; to prohibit parking in side or front yards; to provide the adequate snow storage; to discourage the reliance on single occupant vehicles (SOVs); to encourage the use of mass transit and other alternative means of transportation; to reduce the reliance on petroleum based or reliant paving materials and methods; and to parking lots due to lack of any trees or plants.

(b)

No parking stall may be closer to the street than the building setback line or the building on same parcel, whichever is further from the street. This provision may be waived for duplex structures where alley access is not present.

(c)

Properties served by an alley will not be allowed a driveway connecting to the street.

(d)

Parking areas shall be separated from primary buildings by a landscaped buffer at least 15 feet in width.

(e)

Minimum setback for parking stalls and drives is five feet from all property lines and that setback must be green space. A five-foot green space buffer along the rear lot line adjacent to an alley is not required; however, the side yard five foot green space buffer shall extend all the way to the alley. Parking for adjacent properties may be combined into continuous pave lots, eliminating the required setback at the shared property line, provided that 100 percent of the lost green space is replaced elsewhere on the parcel (e.g., with a ten-foot setback along the opposite lot line).

(f)

A parking lot for more than 12 vehicles shall incorporate at least 288 square feet of planting islands at least eight feet in width (face of curb to face of curb). Planting islands may be either parallel to the parking spaces or perpendicular to the parking spaces. As parking lot size increase, and additional planting island is required at the ration of one planting island for every 20 automobile parking spaces.

(g)

As an alternative to the prescriptive requirements of subsections (d), (e), and (f) of this section, development under this division may be allowed to cluster the landscaped buffers, green space, and planting islands where the total of this space shall be a minimum of 15 percent of the lot area and must be located in the rear yard. In no case shall any of the lot area in the front yard setback or side yard setbacks be used when using this alternative. This provision does not apply to section 115-515 for outdoor recreation space and shall not be counted in the 15 percent or 20 percent respectively; however, that outdoor recreation space may be added to the buffers, green space, and planting islands.

(h)

Buffers, setbacks, and planting islands may be used for stormwater infiltration. See the stormwater standards for infiltration requirements.

(i)

All drives, parking, and vehicular circulation areas shall be paved and graded for proper stormwater management. Lots shall utilize concrete curb and gutter to direct stormwater and protect landscaping except for lots fewer than eight spaces. The use of pervious pavement for stormwater infiltration is highly encouraged. For duplexes where no alley exists and parking is therefore permitted in the front of the building, curb and gutter are not required.

(j)

There are no off-street parking requirements.

(k)

Parking spaces shall not be less than 8.5 feet in width and 17 feet in length. The full dimensions of this rectangle must be maintained in angled parking designs.

(l)

Drive aisle widths vary depending upon the angle of park; the following minimum standards apply:

(1)

45 degrees: 12 foot, ten inch aisle.

(2)

55 degrees: 13 foot seven inch aisle.

(3)

65 degrees: 15 foot four inch aisle.

(4)

75 degrees: 17 foot ten inch aisle.

(5)

90 degrees: 22 foot aisle.

(m)

Parking lots shall be permitted to be increased in size by no more than five percent, provided at least 25 percent of the parking lot and pedestrian sidewalks consist of paving blocks (plastic or concrete honeycomb grid) planted with grass.

(n)

Parking lots shall be located on the same lot as the principle structure.

(o)

Raised curbs, parking blocks or stops, decorative bollards and/or fences, trees and/or shrubs shall be utilized along the edge or parking lots to prevent motor vehicles from being parked on green space buffer, outdoor recreation space, bike parking areas, sidewalks and side and front yards. In the event the original protective measures are inadequate to preventing inappropriate parking, additional measures shall be taken.

(p)

Parking lot snow storage area(s).

(1)

Parking lot snow storage area(s) shall be designated in the parking lot and/or green space buffers.

(2)

Snow storage shall not be allowed in the required outdoor recreation space.

(3)

Snow storage areas shall not be located near parking lot entrances and impede driver vision near, or cause melting snow or ice to drain onto sidewalks or into neighboring properties.

(4)

If these green space buffer(s) are no longer capable of storing snow, the property owners shall arrange for the excess snow to be removed.

(q)

Light-colored and/or reflective surface coatings should be considered to reduce the "heat island" effect of traditional asphalt parking lots.

(r)

Low-impact paving materials and methods that utilize non-petroleum-based (or reliant paving systems) to reduce smog-forming emissions of volatile organic compounds (VOCs) are encouraged.

(s)

Porous paving materials (paving blocks with decorative grave, or properly spaced cobbles, brick, and natural stone with grass planted in between in small clusters) and methods that reduce stormwater runoff are encouraged.

(t)

The provisions of section 115-393 that are superseded by this section are as follows: (f), (i), (k) and the portion of subsection (j) that reads as follows: "Required off-street parking space, including access drives and off-street parking space, including access drives and aisles, shall not cover more than 75 percent of the lot area in which such off-street parking space is permitted."

(u)

Parallel parking, also known as stacked parking, is prohibited when determining the layout of off-street parking spaces in the off-street parking lot. Parallel parking is defined as a method of parking a vehicle in a parallel line, with one vehicle in the back of another vehicle with the front bumper of each vehicle facing the back bumper of the other vehicle.

(Code 1980, § 15.46(C); Ord. No. 5317, § II, 12-12-2024)

(a)

The intent of this section is to promote resident safety and comfort by providing adequate and convenient pedestrian access to and from and within the site.

(b)

There shall be a paved pedestrian route from the sidewalk or street to the main building entrance, and from the parking area to the nearest building entrance. Buildings with more than one entrance shall provide a designated pedestrian route between those entrances (e.g., from front to back). Routes of the entrances (e.g., between patio doors and the parking lot, or around corners) should be anticipated and either paved for use or obstructed by landscape features to prevent use.

(c)

Pedestrian routes shall be paved with concrete or other approved material. Asphalt or similar bituminous material shall not be allowed for pedestrian routes.

(d)

Porous paving materials (paving blocks with decorative gravel, or properly spaces cobbles, brick, and natural stone with grass planted in between in small clusters) and methods that reduces stormwater runoff are encouraged.

(Code 1980, § 15.46(D))

(a)

The intent of this section is to minimize the negative visual impacts of service elements on adjoining streets, public spaces and adjacent properties; to minimize noise, odor, and litter; and to provide adequate amenities for residents of rental housing.

(b)

The design and location of the following items shall be indicated on building and/or site plans, illustrated with spec sheets as appropriate, and submitted with the design standards checklist:

(1)

Utility mechanicals.

(2)

Building mechanicals.

(3)

Trash and recycling containers.

(4)

Bicycle parking.

(c)

Service areas, utility meters, and building mechanical shall not be located on the street side of the building, nor on a side wall closer than ten feet to the street side of the building. Screening of meters and mechanicals is encouraged, regardless of location. Cable, conduit and phone lines shall not be visible on the exterior with the exception of conduit running directly to the meter/utility boxes at the time of initial occupancy. After occupancy, every effort should be made to minimize such exterior add-ons.

(d)

Trash and recycling containers, including cans and dumpsters, shall have covers and be screened so as not to be visible from the street or from neighboring properties. Screening shall be one foot higher than the container but no higher than six feet; however, roofed enclosures may exceed this limit.

(e)

Every building entrance that services more than two units should feature one covered trash can with at least a 15-gallon capacity and designed as a decorative outdoor trash can and one smoking materials receptacle, or combination thereof designed for the safe disposal of smoking materials. If located at an entrance that faces a public street, these receptacles shall be screened from view and/or designed to fit with the architecture and materials of the building.

(f)

Location of heating and cooling appliances.

(1)

Heating appliances such as furnaces and hot water heaters shall be located inside the building, preferably in a walk-in basement or utility room.

(2)

High energy gas appliances shall have the air intakes and exhaust vents located on the sides or rear of the building where they do not interfere with any sidewalks, are no likely to be blocked or damaged by pedestrian traffic, snow or the removal of snow, and away from any trees or shrubs that would be harmed by the exhaust heat and gases.

(3)

Window-mounted air conditioners shall not be permitted in any window facing the street.

(4)

"Magic-Pac" air conditioner/heat pump units are preferred on street facing facades.

(5)

When located in a wall facing the street, wall mounted air conditioners shall be masked and blend in with the exterior siding and finishes. Masking techniques can include casing to match the exterior or by limiting the amount of protrusion from the wall.

(6)

If heat pumps or air conditioners are located on the ground, they shall be on one side or the rear of the building and screened with evergreens or decorative screening that matches or compliments the exterior siding of the building, such that proper clearances are maintained for the manufacturer's warranty.

(7)

If heat pumps or air conditioners are located on the roof, they shall be on one side or the rear of the building and screened with decorative screening that matches or compliments the exterior siding of the building.

(g)

Bicycle parking.

(1)

Bike parking shall be provided at one space per three bedrooms.

(2)

Bicycle parking (to accommodate four bicycles) shall be nominally at least nine by six feet or 54 square feet and increase by the same ratio to accommodate the number of bike spaces.

(3)

In exterior applications ribbon racks or bike racks specifically designed for bike parking are required.

(4)

In exterior applications bike parking areas should be located inside the building or near building entries and shall not be permitted in the front yard, shall not interfere with pedestrian circulation, and shall be well-lit.

(5)

If the area for bike parking is designed using standards provided in section 115-516, then the up to 100 percent of the space taken for the bike parking shall count as buffer green space but not as outdoor recreation space.

(6)

Bikes are not permitted to be stored, locked, or chained on decks, patios, fences or other exterior location other than a bike rack specifically designed for bike parking.

(7)

The base for bike racks should be concrete to endure their stability; however, the remaining bicycle parking area shall be porous paving materials (paving blocks with decorative gravel or wood mulch, or properly spaced cobbles, brick, and natural stone with grass planted in between in small clusters) to reduce stormwater runoff.

(h)

Outdoor vending machines shall not be allowed.

(Code 1980, § 15.46(E))

(a)

The intent of this section is to promote quality in landscape design and to mitigate undesirable views; to create inviting and usable open spaces around which building are organized and that promote a sense of security and community to provide pleasant and safe pedestrian circulation; and to provide shad and cool the building and outdoor recreational space. The following standards apply:

(1)

A landscape design and planting plan shall be developed for all building and for buildings with four or more units or with a ground floor area(s) in excess of 10,000 square feet this plan shall be stamped by a registered landscape architect prior to submittal to the City. The plan shall address all parts of the parcel and shall indicate all planned parts landscape materials and their location, minimum size, quantity, and maintenance requirements.

(2)

All portions of the site not covered by buildings, paving material, or other planned and approved surfaces shall be considered "landscaped area" and shall be planted with living plant materials and/or mulches. Overall site landscaping shall include not less than:

a.

One shade tree per 40 linear feet of lot frontage;

b.

One tree placed in the boulevard per 40 linear feet of lot frontage; and

c.

Not less than one tree and ten shrubs per 610 square feet of landscaped area.

(Example: A 60 foot lot with 2,200 square feet of unpaved surfaces requires one boulevard tree, one shade tree, three additional shade or ornamental trees, and 30 shrubs.)

(b)

All plant material used shall meet the minimum standards established by the American Association of Nurserymen as published in the American Standards for Nursery Stack and shall meet the following minimum requirements:

(1)

Deciduous trees: three inches dbh (diameter at breast height).

(2)

Ornamental trees: two inches dbh.

(3)

Evergreen trees: five feet height.

(4)

Shrubs: five-gallon container.

(5)

Vines and perennials: one-gallon container.

(c)

Boulevard trees will be supplied by the City Forester if requested and shall conform and shall conform to City of La Crosse street tree standards. Approved trees include: sugar maple, Norway maple, white or bur oak, linden, sycamore, red oak, pine oak, native beech. The above street tree species are also recommended for any tree planted within ten feet of a driveway or parking area.

(d)

Prohibited trees: poplar, box elder, catalpa, mountain ash, willows, birch, conifers, hackberry, and elm.

(e)

Existing healthy trees should be preserved to the greatest extent practicable; however, invasive or nuisance trees shall be removed. Existing damaged, decayed, or diseased trees should be removed to protect remaining trees. Construction near existing trees should follow Best Management Practices to ensure their survival.

(f)

Landscaping should reinforce pedestrian circulation routes and obstruct undesired routes of convenience. Bushes, trees, rocks, and other landscape features should be used to indicate where pedestrians should and should not travel.

(g)

Where visible from the street and within 50 feet of the right-of-way, parking areas shall be screened by a continuous row of shrubs or natural landscape screening technique that will reach a maximum height of 36 inches within two years from planting. Shrubs or hedges taller than 36 inches are strongly discouraged for safety reasons.

(h)

Each multifamily site shall include a minimum of 200 square feet of outdoor recreational space at ground level suitable for outdoor recreation (grilling, sitting, sunbathing, playing catch, etc.). For multifamily sites with more than two units, the outdoor recreational space shall increase by 25 square feet per bedroom (e.g. four units with four bedrooms each yields 200 square feet plus 25 square feet times eight yields another 200 square feet for a total of 400 square feet. This area may be divided into multiple distinct spaces, but no single outdoor recreational space may be smaller than 100 square feet nor narrower than eight feet in any direction. No area in the front yard or side yard setbacks will be counted toward the total outdoor recreational space. Outdoor recreation space immediately adjacent to parking stall is discouraged, and in a two foot buffer around the parking stall measured form the face of the curb) will not be counted toward the total outdoor recreation space. Areas used for stormwater infiltration or bike parking or garbage and recycling receptacles or heat pumps or air conditioners will not be counter toward the required outdoor recreation space.

(i)

Buildings shall be organized in relation to open spaces such as yards and courts to create a balance of useable open space and efficient circulation and parking. This standard shall not override the establishment of an orderly, positive, and urban character of the relationship of building to streets.

(Code 1980, § 15.46(F))

(a)

The intent of this section is to provide for the coordination of design and location of walls and fences to maximize the positive interrelationship of buildings, public streets, and open space and to avoid the predominance of long, unarticulated walls or fences, and to prevent residents or quests from walking through planting or parking vehicles in green buffer space or outdoor recreational space. The following standards shall apply:

(1)

Walls and fences located in the front yard setback shall not exceed four feet in height above the finished grade. Walls and fences located in the side and back yards shall not exceed six feet in height, except they may have arbors incorporated above the fence up to eight feet in height provided there is at least a nominal 1.75 feet of open space between the top of the fence and the bottom of the arbor. Where a fence and a retaining wall in the front yard setback together exceed four feet in height, the fence shall be at least 50 percent transparent to retain the visual connection between street and building.

(2)

The design and materials for walls and fences shall be coordinated with the design and materials of the principal buildings and should have substantially the same detail. This is not intended to require identical materials and design.

(1)

Green treated lumber fences shall not be permitted unless stained or painted.

(2)

Plastic coated chainlink fences shall only be permitted in side yards and backyard, but shall not extend nearer to the street than the front of the building nor used in the side yard on a corner property.

(3)

Smooth faced concrete bricks and blocks used to construct a wall shall be covered with brick or some other decorative block or dimensional material such as a stained block product. Painted or colored smooth faced concrete brick or blocks shall not be considered decorative block.

(b)

Walls and fences exceeding four feet in height and/or 50 feet in length shall provide variety and articulation at intervals not exceeding 25 feet through at least one of the following methods:

(1)

Changes in plane of not less than two feet;

(2)

Expression of structure, such as post, column, or pilaster;

(3)

Variation of material.

(Code 1980, § 15.46(G))

(a)

The intent of this section is to protect local waterways by:

(1)

Maximizing the amount of stormwater that can be infiltrated on site; and

(2)

Minimizing the amount of pollutants carried off site by stormwater.

(b)

A stormwater management and erosion control plan shall be required for all new construction, shall be coordinated with the landscaping and open space plan, and shall be designed by either a registered landscape architect, architect, or a professional civil engineer.

(c)

Any parking lot with three or more stalls shall be designed such that at least 80 percent of stormwater flows first into a rain garden or infiltration basin for the purpose of infiltrations prior to leaving the site. Approved rain gardens must be able to retain water to a depth of one foot and the total area of all parking lot rain gardens shall equal at least ten percent of the total area of all impervious parking and driveway surfaces.

(d)

Stormwater shall not be directed onto or across adjacent properties or across sidewalks. Rooftop stormwater shall not be discharged within five feet of a sidewalk unless an intervening landscape element is used to promote infiltration, such as a rain garden.

(e)

All sites greater than 20,000 square feet in size shall be required to infiltrate 100 percent of the water from a two-year storm. This could be achieved with porous paving, rain gardens, and/or infiltration.

(f)

Stormwater detention and infiltration facilities shall be designed as visual and open space amenities that enhance the overall appearance of the site.

(Code 1980, § 15.46(H))

(a)

The intent of this section is to enhance daytime and night time appearances; to establish a safe environment for residents; and to minimize light pollution, glare, and light trespass onto adjacent properties. The use of the multiple solar or low watt compact florescent lights that decorate the property and are located and directed where people need to see in the dark are encouraged.

(b)

All exterior lights shall be designed for residential use. Spec sheets with pictures must be submitted with the design standards checklist for each exterior light to be used.

(c)

Pedestrian lighting shall clearly indicate the path of travel, shall minimize dark spots along that path, and shall utilize coordinated light fixtures.

(d)

The maximum height of wall mounted parking lot light fixtures shall be 16 feet above the ground. Pole-mounted fixtures are acceptable but not required and will have a maximum height of 16 feet from the ground to the top of the fixture.

(e)

Fixtures shall be of full-cut-off (FCO) design to minimize glare and spillover.

(f)

No overhead light source (i.e., the lamp or reflector) shall be visible from the property line. Shields may be employed, if necessary, to meet this requirement. The maximum allowable luminance measured 25 feet beyond the property line shall be 0.5 horizontal footcandles (HFC).

(g)

Recommended lighting levels for parking lots and pedestrian routes: (horizontal luminance measured in footcandles):

(1)

Average: 2.4 footcandles.

(2)

Minimum: 1.0 footcandles.

(3)

Uniformity Ratio (bright spots to dark spots): 4:1.

(h)

Each exterior entry to individual or multiple units and garages shall have an exterior light.

(i)

Exterior lighting with automatic controls (dusk to dawn lighting) shall be provided so the house number(s) are visible form the street, and for units with individual exterior entries, so the unit number(s) are visible to pedestrians on the sidewalks.

(j)

Exterior lighting with automatic controls shall be provided for all sidewalks and parking lots so pedestrians can safely make their way to and from the building.

(k)

Motion sensor lights shall be permitted, but placed no higher than 16 feet above the ground level. Motion sensor flood or spot lights shall have shrouds, be limited to two bulbs and 150 watts each, pointed at least 30 degrees downward and not directly into windows or doors of neighboring buildings.

(Code 1980, § 15.46(I))

(a)

The intent of this section is to increase resident safety, comfort and privacy by providing individual outdoor spaces for each unit;

(b)

Every unit is encouraged to have its own patio or balcony; however, on street facing sides of the building the patio or balcony shall be incorporated in the architectural facade of the building and may encroach into the building setback area but not more than 25 percent.

(c)

Ground level patios or decks are not permitted facing a street, unless landscaped screening is present on at least two sides of the patio or deck. Front porches are permitted as an architectural feature.

(d)

Exterior stairs leading to a deck or balcony are not permitted, unless located entirely in the rear yard. Exterior corridors visible from a street are not permitted. If used, exterior corridors must be covered by the building roof and must be located within the footprint of the building foundation.

(e)

Rooftop green roofs or rooftop patios and decks are permitted and shall have a railing height of at least 42 inches. Only outdoor furniture is permitted.

(Code 1980, § 15.46(J))

(a)

The intent of this section is to encourage building design (forms, scale, and context) that will result in high quality, orderly, and consistent street spaces, compatible relationships to adjoining sites, and an urban character; to create buildings that provide human scale, interest, and are architecturally cohesive, yet varied, in their overall form, scale and context; to protect the architectural character and cohesiveness of existing neighborhoods. Neighborhood form, scale, and context standards are not intended to apply where there is no established character or where character has been substantially altered by undesirable development (i.e., Modern multifamily housing buildings that do not meet or come close to these design standards, older housing stock that has be significantly altered from its original design or purpose, or was poorly designed, constructed or situated, and/or allowed to deteriorate, commercial development such as mini-warehouses or strip malls, parking lots, etc.).

(b)

All building plans for buildings greater than 50,000 cubic feet (cubic content) or with four or more units shall be prepared and approved by a registered architect.

(c)

Photos of at least four street views of nearby blocks shall be submitted with the design standards checklist.

(d)

Buildings shall be designed to provide human scale, interest, and variety. The following techniques may be used to meet this objective:

(1)

Variation in the building form related to the scale of individual dwelling units or rooms of such as recessed or projecting bays, shifts in massing, or distinct roof shapes;

(2)

Diversity of window size, shape, or patterns that relate to interior functions;

(3)

Emphasis of building entries through projecting or recessed forms, detail, color, or materials;

(4)

Variation of material, material modules, expressed joints and details, surface relief, color, and texture to break up large building forms and wall surfaces. Such detailing could include sills, headers, belt courses, reveals, pilasters, window bays, and similar features.

(e)

For buildings taller than two stores, design techniques shall be used to minimize the apparent height of the building and shall be identified by the architect.

(f)

Where the allowable building is more than 50 percent wider than adjacent buildings, one of the following techniques shall be employed to minimize the apparent width of the primary facade:

(1)

Articulate the facade with projections or bays.

(2)

Use architectural elements such as porches, bay windows, and covered entries to interrupt the facade.

(g)

The total area of windows and doors on the street-facing facade, including trim, shall not be less than 20 percent of the total area of the facade, excluding gables. The first floor facade shall include windows to provide visual interest and visual connection to the street (ground floor covered parking behind the street facade is strongly discouraged, and the window requirement will be enforced in all cases). A diagram illustration compliance with this standard shall be submitted with the design standards checklist.

(h)

Buildings shall be built to the front yard setback line or further form the street than the minimum setback such that they reinforce the existing pattern on the street (average of adjacent properties). In the R-4, R-5, and R-6 zoning districts, the front yard setback may be reduced to 15 feet unless along a State Trunk Highway, major arterial or major collector street.

(i)

Multifamily buildings proposed for the Washburn Residential District, R-2 District, Traditional Neighborhood District, or that are in an R-3 to R-6 District that are on or across form any block that is currently made up of 50 percent or more parcels that are zoned R1, shall not be more than 15 feet taller nor three times larger in square footage than the nearest single-family residential dwellings.

(j)

Multifamily buildings within Historic Districts or adjacent to any designated historic building must first receive DRC review and approval prior to submittal to the Heritage Preservation Commission for their review. Approval by the Heritage Preservation Commission is necessary prior to the issuance of any building permit. The developer can appeal to the City Plan Commission if denied by the Heritage Preservation Commission.

(Code 1980, § 15.46(K))

(a)

The intent of this section is to promote resident safety; to enliven the street; to minimize noise and light near adjacent residential buildings and to avoid the "sideways motel" appearance.

(b)

The primary entrance to the building shall be on the front elevation and the door shall face the street.

(c)

No building shall be allowed more than two entrances on any single facade (same facade plan) except in the a case of row houses, wherein each 2-3 store unit is separated from neighboring units by a common wall. Where recesses and projections of entrances are used, more than two entrances may be permitted.

(d)

Building entrances shall be emphasized through projecting or recessing forms, detail, color, or materials.

(e)

Main entrances shall be covered at least three feet from the door. Entrance features may encroach into the front yard setback a maximum of three feet.

(Code 1980, § 15.46(L))

(a)

The intent of this section is to provide visual interest and architectural character.

(b)

All openings shall be articulated or appropriately trimmed through the use of materials such as shutters, flat or arched lintels, projecting sill, or surrounds.

(c)

Exterior windows and doors.

(1)

All windows shall be in keeping with the architectural character of the building.

(2)

All windows shall have an interior locking or securing mechanism.

(3)

All windows that open shall come with an insect resistant screen.

(4)

Glass block shall not count toward the 20 percent of the window area.

(d)

Exterior entry doors.

(1)

Exterior entry doors for individual units shall be residential in style (real or decorative styles, rails, or panels), solid or insulated. If the door does not have a translucent window lower than five feet, it shall have a security peephole.

(2)

All exterior doors shall have hardware matching the style of the building.

(3)

All exterior sliding glass doors shall have an insect resistant screen door.

(4)

Exterior entry doors for multiple units may be residential in style (real or decorative styles, rails or panels), solid or insulated, or may be commercial in style (glass).

(5)

If an exterior garage or accessory building entry door faces a street, alley, or public sidewalk, the garage entry door shall be residential in style (real or decorative stiles, rails, or panels).

(6)

Exterior sliding glass doors onto patios on the ground floor shall only be located on the side and/or rear of the building. Exterior sliding glass doors onto balconies shall be permitted to be located on the front.

(Code 1980, § 15.46(M))

(a)

Intent. To provide visual interest and architectural character.

(b)

Roofs featuring gabled ends with a width greater than 25 feet must have a minimum pitch of 5/12 . Eaves shall extend at least 24 inches beyond the exterior wall. Rakes shall extend at least 12 inches beyond the exterior wall. If there are eaves, they must be 18 inches for a 6/12 pitch roof or less.

(c)

All buildings with pitched roofs featuring gable ends must have a minimum pitch of 5/12 and must feature one or more gables facing the street. Dormers may be used to meet this requirement. This provision shall not be construed to mean that hip roofs, gambrel roofs, mansard, colonial, or another roof style is appropriate to the architectural style of the building (e.g., prairie school) and the roof element contains additional architectural elements such as dormers, long overhangs, windows or other feature.

(d)

Flat roofs are permitted, and must incorporate a parapet wall on all sides. The parapet should include architectural details appropriate to the building design that create a positive visual termination for the building (a "top").

(e)

Large roofs shall be articulated with dormers, shifts in height, cupolas, eyebrows, chimneys, or other features that will minimize the apparent bulk of the building and provide character. A large roof is any roof with a ridgeline 40 feet or greater in length. If gutters or roof drains are used they cannot allow for drainage onto sidewalks or neighboring properties.

(Code 1980, § 15.46(N))

(a)

The intent of this section is to maintain neighborhood architectural character and to encourage the use of attractive and high quality materials with low life-cycle costs.

(b)

The use of identical materials on all sides of the building is encouraged, however higher-quality materials on street-facing facades and complementary materials on other facades is acceptable.

(c)

Use of decorative accessories and trim in the form of frieze boards, vertical corner trim, drip caps, gable vents, shingles, and shakes are highly encouraged.

(d)

Premium vinyl siding with a thickness of at least 0.044 is permitted. No vinyl j-channel shall be exposed or visible from the street. Vinyl less than 0.044 thick, plywood, chipboard, T1-11, asphalt siding, and smooth-faced concrete block are prohibited as exterior finish materials.

(e)

Changes in color and materials should generally occur between horizontal bands and shall be used to clearly establish "base," "middle," and "top" portions of the building.

(f)

Natural wood shall be painted or stained, unless it is cedar, redwood, or some other naturally weather resistant species and is intended to be exposed. Treated wood shall be painted or stained.

(g)

Colors and designs.

(1)

Since the selection of building colors has significant aesthetic and visual impact upon the public and neighboring properties, as well as an impact on the energy use and comfort of the residents, designs, and color shall be selected in general harmony with the overall existing neighborhood.

(2)

Neutral or natural colors for the primary siding with brighter or darker colors for accent and trim that provide for a more interesting building and are cooler in the summer are preferred.

(3)

Complimentary multicolor and textured roofing materials that provide for a more interesting building and are cooler in the summer are preferred.

(4)

Overall location on the lot and the exterior design shall be balanced and fit with the natural landscape of the lot and general neighborhood.

(Code 1980, § 15.46(O))

(a)

The intent of this section is to improve the visual impact of garages, carports and accessory buildings facing the street, and to prevent storage doors from facing the street, and to maximize pedestrian safety.

(b)

Street-facing garages or carports are not permitted on lots served by an alley.

(c)

The cumulative length of all garage doors facing the street shall not exceed 50 percent of the total length of the street-facing elevation unless architecturally justified.

(d)

Garages, carports, and accessory buildings shall be architecturally compatible and be constructed of the same materials as the primary buildings.

(e)

Garages shall have at least one window that contains no less and 576 square inches per two parking stalls.

(f)

Unattached garages shall have and least one service door.

(Code 1980, § 15.46(P))

(a)

The intent of this section is to improve resident comfort and energy efficiency.

(b)

Soundproofing shall be used in all shared walls and floors between separate units to reduce sounds transmission between units and shall have a minimum standards Sound Transmission Class (STC) meeting the requirements of Section 1207 of the International Building Code.

(c)

Energy and resource-efficient design is required for all sites and buildings. Buildings shall be constructed and finished in ways that can minimize the amount of water and energy consumed by residents, building materials should come from renewable sources, indoor environmental quality should be maximized, and constructions water should be minimized. Guidelines for these design considerations are available form LEED for Home or LEED for New Construction. LEED is Leadership in Energy and Environmental design, an initiative of the U.S. Green Building Council. For more information contact planning staff or see http://www.usgbc.org/. All buildings and sites qualify for LEED for Homes certification, meeting 30 of the possible 108 points and must meet State Building Code requirements. See http://usgbc.org/. A completed LEED checklist must be submitted with the design standards checklist to demonstrate compliance with this standard.

(Code 1980, § 15.46(Q))

(a)

The intent of this section is to ensure ongoing maintenance of building, property improvements, and landscaping materials.

(b)

All residential multifamily structures and buildings that are developed and constructed under this article shall maintain the property through and ongoing maintenance program. The maintenance program is to include all exterior aspects of the development and include, but is not limited to, parking lots, building mechanicals, service elements, resident amenities, landscaping, open space and plantings, walls and fences, stormwater facilities, exterior lighting, patios and decks, exterior finishes, windows, architectural details, and accessory structures.

(c)

The project shall be maintained over the life of the development in a like-new condition with an on-going maintenance program and is subject to inspection by the City at any time. Failure to maintain the project may subject the property to fines as permitted under this chapter.

(Code 1980, § 15.46(R))

The following standards are established to improve the appearance, quality, and function of commercial structures, avoid "off-the-shelf" projects and shall apply to new commercial construction throughout the City in all Commercial Zoning Districts, the Traditional Neighborhood Development District and Planned Development District, the Public/Semi-Public Zoning District, as well as all property zoned Light Industrial (M-1) located adjacent to an arterial or collector street. These standards shall apply to newly constructed buildings, renovations exceeding 50 percent of the equalized assessed value of the structure at the time of reconstruction/renovation, and additions or alterations that significantly change the exterior facade and penetrations of the building (does not include nonstructural repairs or ordinary maintenance repairs such as internal and external painting, decorating, paneling and the replacement of doors and other nonstructural components). The property owner of an existing structure that is being remodeled or renovated for use as a commercial structure shall meet the requirements of this section and obtain Development Review Committee approval for building design and site plans as a condition of obtaining any rezoning or building permit. These regulations shall not apply to structures that have been approved by the Common Council as part of a developer's agreement or Planned Development District rezoning so long as the developer's agreement or rezoning was completed prior to issuance of a building permit. These regulations shall not apply to building renovations using the Secretary of Interior Standards for historic buildings. The standards contained in this section shall supersede all the City of La Crosse ordinances as they relate to commercial construction and development, and if there is a conflict, this article shall control, unless specifically stated.

(Code 1980, § 15.47(A); Ord. No. 4886, § I, 9-10-2015)

(a)

These design standards will be administered as part of the building permit process and documents required by these standards must be submitted to the Department of Planning and Development.

(1)

The applicant is encouraged to meet with City staff at the schematic stage, the design stage, and at the submittal stage.

(2)

A pre-application meeting with the Department of Planning and Development staff is required prior to submittal of building and development plans for the purpose of reviewing the requirements of this division. Other members of the Design Review Committee will be encouraged to attend the pre-application meeting to facilitate the development review process. Developers are strongly encouraged to obtain Design Review Committee approval prior to submitting plans to the State for State review and approval.

(3)

Seven complete sets of the following shall be submitted to the Department of Planning and Development as part of the application. Electronic copies of plan sheets for shall also be submitted. Incomplete submissions will not be accepted.

(b)

Submittal requirements.

(1)

All architectural and engineering plan sets typically required for building permit application including: site plan including the size and location of building, drive-through facilities, parking lots with access points defined, utilities, connection points, stormwater facilities, signage locations, bicycle parking areas, pedestrian sidewalks, trash and smoking receptacles, vending machines, outdoor refuse and recycling receptacles, landscaping fences exterior lights, parking lot snow storage areas, garages and accessory buildings, etc.

(2)

Exterior light fixture locations and specification sheets in accordance with section 115-556.

(3)

Photos of at least four nearby buildings and four street views of nearby blocks.

(4)

Building elevations including materials

(5)

A completed design standards checklist and completed LEED for new buildings checklist in accordance with section 115-475. LEED Certification of a completed project is encouraged but not required by the Commercial Development Design Standards ordinance.

(6)

A landscaping plan (section 115-553), a stormwater management plan (section 115-555), and an erosion control plan.

(7)

Nothing in these design standards is intended to prevent the use of materials, systems, methods, or devices of equivalent or superior quality, strength, effectiveness, attractiveness, durability, and safety in place of those prescribed by this division that demonstrates equivalency and the materials, systems, method or device is approved for the intended purpose.

(8)

At the time of application for complete approval to the Design Review Commission, a commercial development design review fee must be paid in the amount established by resolution.

(9)

A Traffic Impact Analysis shall be required for the proposed development based on trip generation standards of the Institute of Transportation Engineers (ITE) as determined by the City Traffic Engineer.

(c)

Design review process and review timeline. There is hereby established a Design Review Committee which shall consist of the following Department Heads: Planning and Development, Fire Department, Police Department, Public Works, Water and Sanitary Sewer Utility, and City Engineer and a license Architect. Meeting notices shall be sent to all Common Council Members. All requests for approval shall be reviewed within ten business days. The review timelines shall be provided in instructions to applicants. Designs may receive approval, conditional approval or denial. Developers/applicants are required to attend Design Review Committee meetings. Exception to the standards may be allowed on a case-by-case basis, consistent with the overall purpose of this division. All requests for exceptions to the standards shall be requested in writing with original request for approval. In the case of a request for an exception, notification of the time, date and location of the meeting where such request is being considered shall be provided to all neighbors within 200 feet of said project. A fee of in the amount established by resolution shall be paid to the City Clerk at the time of said submittal to provide for notification of the neighbors and publication of a Class II notice. Any request for exception shall be routed to the Design Review Committee, City Plan Commission, Judiciary and Administrative Committee, and Common Council for consideration and final determination as a legislative enactment. The Department of Planning and Development shall also make available to all applicants at the time of pre-application meeting; a copy of this division, a design standards handbook, and checklist.

(Code 1980, § 15.47(B))

(a)

The intent of this section is to follow "New Urbanist" principles where buildings are strongly encouraged to be placed close to the street to enhance customer and tenant use of mass transit and to reinforce the existing building setback pattern; to minimize the visual impact of parking areas as seen from the street; to enhance pedestrian access, circulation and safety by reducing curb cuts and approaches that cut across sidewalks; to minimize the volume and maximize the quality of stormwater runoff; to provide adequate but not excessive parking for customers and tenants; to prohibit the use of satellite parking lots (unless it can be demonstrated that shared parking will be beneficial to multiple property owners and does not result in "gap tooth" effect on a block face); to prohibit parking in side or front yards to provide for adequate snow storage; to discourage the reliance on single occupant vehicles (SOVs); to encourage the use of mass transit and other alternative means of transportation; to reduce the reliance on petroleum based paving materials and methods; and to reduce the "heat island" effect of traditional paved parking lots due to lack of trees or plants.

(b)

No parking stall may be closer to the street that the building setback line or the building on the same parcel, whichever is further from the street unless the applicant can demonstrate that there are no practical alternatives related specifically to the site.

(c)

All points of ingress and egress will be evaluated by the City Traffic Engineer to determine if ingress and egress should be allowed directly to the street or via an alley.

(d)

Parking areas shall be separated from primary buildings by a landscaped buffer.

(e)

Minimum setback for parking stalls and drives is five feet from all property lines with the exception of the alley (in order to accommodate landscaping or drainage swales). Parking for adjacent properties may be combined into continuous paved lots, eliminating the required setback at the shared property line, provided that 100 percent of the lost green space is replaced elsewhere on the parcel (e.g. with a ten-foot setback along the opposite lot line).

(f)

A parking lot for more than 12 vehicles shall incorporate at least 288 square feet of planting islands at least eight feet in width (face of curb to face of curb). Planting islands may be either parallel to parking spaces or perpendicular to the parking spaces. As parking lot size increases, an additional planting island is required at the ratio of one planting island for every 20 automobile parking spaces. No less than five percent of the islands shall be interior to the parking lot.

(g)

Landscaping buffers, green space, and planting islands must total a minimum of ten percent of the lot

(h)

Buffers, setbacks, and planting islands are encouraged to be used for stormwater infiltration. See the stormwater standards for infiltration requirements.

(i)

All approaches, parking and vehicular circulation areas shall be paved and graded for proper stormwater management. The use of pervious pavement for stormwater infiltration is highly encouraged.

(j)

In structures not needing approval by the Wisconsin Department of Safety and Professional Services, parking spaces shall not be less than 8.5 feet in width and 17 feet in length. The full dimensions of this rectangle must be maintained in angled parking designs. Drive aisle widths vary depending upon the angle of parking space; the following minimum standards apply and shall be consistent with requirements of the City Engineer's Office adopted standards:

(1)

45 degrees: 12-foot, ten-inch aisle.

(2)

55 degrees: 13-foot seven-inch aisle.

(3)

65 degrees: 15-foot four-inch aisle.

(4)

75 degrees: 17-foot ten-inch aisle.

(5)

90 degrees: 22-foot aisle.

(k)

Where maximums on parking ratios exist, parking surfaces and drive isles shall be permitted to be increased in size by no more than five percent, provided at least 25 percent of the parking lot and pedestrian sidewalks consist of paving blocks (plastic or concrete honeycomb grid) planted with grass.

(l)

Parking lots shall be located on the same lot as the principle structure (unless it can be demonstrated that City Engineer's Office space buffers, outdoor recreation space, bike parking areas, sidewalks and side and front yards. In the event the original protective measures are inadequate to preventing inappropriate parking, additional measures shall be taken.

(m)

Parking lot snow storage area(s).

(1)

Parking lot snow storage area(s) shall be designated in the parking lot and/or green space buffers.

(2)

Snow storage areas shall not be located near parking lot entrances and impede driver vision.

(3)

If these green space buffer(s) are no longer capable of storing snow, the property owner shall arrange for the excess snow to be removed.

(4)

To the greatest extent possible, melting snow or ice should not drain over sidewalks or across neighboring properties.

(n)

Light-colored and/or reflective surface coating should be considered to reduce the "heat island" effect of traditional asphalt parking lots.

(o)

Environmentally friendly paving materials and methods are encouraged, including, but not limited to, using recycled asphalt tires and roofing shingles as part of the mix or base.

(p)

Porous paving materials such as paving blocks with decorative gravel, or properly spaced cobbles, brick, and natural stone with grass planted in between in small clusters and methods that reduce stormwater runoff are encouraged.

(q)

The off-street parking provisions for all commercial development shall be in conformance with section 115-393, including access drives and aisles, shall not cover more than 75 percent of the lot area in which such off-street parking space is permitted.

(Code 1980, § 15.47(C))

(a)

The intent of this section is to promote public safety and comfort by providing adequate and convenient pedestrian access to and from and within the site.

(b)

There shall be a paved pedestrian route from the sidewalk or street to the main building entrance, and from the parking area to the nearest building entrance.

(c)

Pedestrian routes shall be paved with concrete or bituminous material shall not be allowed for pedestrian routes.

(d)

Porous paving materials and methods that reduce stormwater runoff are encouraged.

(Code 1980, § 15.47(D))

(a)

The intent of this section is to minimize the negative visual impacts of service elements on adjoining streets, public spaces and adjacent properties; to minimize noise, odor, and litter; and to provide adequate amenities for building users.

(b)

The design and location of the following items shall be indicated on building and/or site plans, illustrated with spec sheets as appropriate, and submitted with the design standards checklist:

(1)

Utility meters.

(2)

Building mechanicals.

(3)

Trash and recycling containers.

(4)

Bicycle parking.

(5)

Outdoor seating areas.

(6)

Solar and wind facilities.

(7)

Dish antennas (not permitted to hang off the side of buildings).

(8)

Transformers.

(9)

Back-up generators.

(c)

Service areas, utility meters, and building mechanicals shall not be located on the street side of the building, nor on the side wall closer than ten feet to the street side of the building. The location of emergency back-up generators and transformers shall be coordinated between the City, the developer and the utility company. Screening of meters, generators, transformers, and mechanicals is required when visible from the street with an approved screen device. Screening materials shall match building materials. Cable, conduit and phone line shall not be visible on the exterior with the exception of conduit running directly to the meter/utility boxes at the time of initial occupancy. Mailboxes are permitted within ten feet of the front of the building if not visible from the street.

(d)

Trash and recycling containers, including cans and dumpsters, shall have covers and be screened so as not to be visible from the street or from neighboring properties. Screening shall be one foot higher than the container but no higher than six feet, however roofed enclosures may exceed this limit.

(e)

If a building owner chooses to provide a trash receptacle and/or a smoking materials receptacle, it shall be decorative if located at the entrance that faces a public street, these receptacles shall be screen from view and/or designed to fit with the architecture and materials of the building.

(f)

Location of heating and cooling appliances.

(1)

High energy gas appliances shall have the air intakes and exhaust vents located on the sides or rear of the building where they do not interfere with any sidewalks, are not likely to be blocked or damaged by pedestrian traffic, snow or the removal of snow, and ways from any trees or shrubs that would be harmed by the exhaust heat and gases.

(2)

Window-mounted air conditioners shall not be permitted.

(3)

PTAC air conditioner/heat pump units must be designed into the architecture of the building.

(4)

If heat pumps or air conditioners are located on the ground, they shall be on one side or the rear of the building and screened with evergreens or decorative screening that matches or compliments the exterior siding of the building, such that proper clearances are maintained for the manufacturer's warranty.

(5)

If heat pumps or air conditioners are located on the roof, they shall be placed, painted and/or screened so as to minimize the visual impact to the street.

(g)

Bicycle parking.

(1)

Bicycle parking using bike racks specifically designed for bike parking shall be provided at one space per ten automobile parking spaces or one space per 20 employees, whichever is greater, and should be located near building entries. Shall not interfere with pedestrian circulation, and shall be well-lit. Bikes are not permitted to be stored, locked or chained on decks, patios, fences or any other exterior location other than a bike rack specifically designed for bike parking.

(2)

Bicycle parking (to accommodate four bicycles) shall be nominally at least nine by six feet or 54 square feet and increase by the same ratio to accommodate the number of bike spaces.

(3)

The base for bike racks should be concrete to ensure their stability, however the remaining bicycle parking area shall be porous paving materials (paving blocks with decorative gravel or wood mulch, or properly spaced cobbles, brick, and natural stone with grass planted in between in small clusters) to reduce stormwater runoff but shall not result in standing water. If an area for bike parking is designed using these standards, then up to 100 percent of the space taken for the bike parking shall count as green space.

(Code 1980, § 15.47(E))

(a)

The intent of this section is to promote quality in landscape design and to mitigate undesirable views; to create inviting and useable open spaces around which buildings are organized and that promote a sense of security and community to provide pleasant and safe pedestrian circulation; and to provide shade and cool the building. Buildings shall be organized in relation to open spaces such as yards and courts to create efficient circulation and parking. This standard shall not override the establishment of an orderly, positive, and urban character of the relationship of buildings to streets.

(b)

A landscape design and planting plan shall be prepared and submitted for all buildings. Landscape prepared and submitted for all buildings. Landscape plans for developments shall be prepared and signed by a Landscape Architect, nurseryman, or professional site planner with educational training or work experience in land analysis and site plan preparation prior to submittal to the City.

(1)

No building permit shall be issued until the required landscaping plan has been submitted and approved, and no certificate of occupancy shall be issued until the landscaping is completed as certified by an on-site inspection by the Director of Planning and Development, unless a financial guarantee acceptable to the City has been submitted.

(2)

Landscape surety. The owner shall provide the City with a cash deposit, bond, or approved letter of credit in accordance with section 2-3.

(3)

The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions may not exceed nine months, and extensions may be granted due to seasonal weather conditions. When an extension is granted, the City may require such additional security and conditions as it deems necessary.

(c)

The plan shall address all parts of the parcel and shall indicate:

(1)

Details of all proposed vegetative landscaping materials, including placement, common and botanical names, caliper/height or container size and quantity and maintenance requirements.

(2)

Details of proposed nonvegetative landscaping and screening materials.

(3)

Planting and construction schedule for completion of landscaping and screening plans.

(4)

Estimated cost from a landscaper on a bid or estimate form of the proposed landscaping.

(d)

All portions of the site not covered by buildings, paving material, or other planned and approved surfaces shall be considered "landscaped area and shall have a minimum of four inches of top soil and be planted with living plant materials and/or mulches. Overall site landscaping shall include not less than:

(1)

One tree placed in the boulevard per 40 linear feet of lot frontage

(2)

Not less than two trees and eight shrubs per 600 square feet of landscaped area.

These are minimum standards. More plantings are encouraged.

(e)

All plant material used shall meet the minimum standards established by the American Association of Nurserymen as published in the American Standards for Nursery Stock and shall meet the following minimum requirements:

(1)

Deciduous trees: two inches dbh (diameter at breast height).

(2)

Ornamental trees: two inches dbh.

(3)

Evergreen trees: five feet height.

(4)

Shrubs: five gallon container.

(5)

Vines and perennials: one gallon container.

(f)

Boulevard trees will be installed by the City Forester at City expense if the developer attends City tree school. If the developer installs boulevard trees they shall conform to City street standards. A complete list of trees and shrubs and other reliable plant material that has been approved by the City Forester is available in the Department of Planning and Development.

(g)

Existing healthy trees should be preserved to the greatest extent practicable and shall be indicated on grading and landscape plans submitted for plan review; however, invasive trees shall be removed. Existing damaged, decayed, or diseased trees should be removed to protect remaining trees. Construction near existing trees should follow Best Management Practices to ensure their survival.

(h)

Landscaping should reinforce pedestrian circulation routes and obstruct undesired routes of convenience. Bushes, trees, rocks, and other landscape features should be used to indicate where pedestrians should and should not travel.

(i)

Screening and buffers. The following standards shall apply:

(1)

Provide a five- to six-foot-high solid screen to separate parking lots from abutting residential uses or other noncompatible uses. A solid landscape screen is defined as an evergreen or nearly evergreen mixture (minimum of 65 percent evergreen) of shrubs, bushes, or trees that produce a dense, sight-obscuring screen at least five to six feet in height within three years of planting. Berms may be included in this definition as long as the maximum height of the berm is five feet; both sides of the berm are planted with evergreen or nearly evergreen shrubs or bushes so that the total height of landscaping and berm will be at least six feet within three years of planting; and top of the berm plantings form a dense, sight-obscuring screen within the same three-year period.

(2)

Provide a minimum three-foot-high visual relief screen when adjacent to a street in the form of a hedge, fence, planter, berm, dividers, shrubbery and trees or any combination. The visual relief screen shall extend the length of the parking lot. Three feet in height shall be measured from surface of the parking lot and may be negotiable depending on the elevation of the parking lot in relation to the sidewalk and/or street. All landscaping to form such a visual relief shall be a minimum height of two feet at time of planting. Bark or other loose material shall not be placed on berms in these areas since it may be displaced on the street or sidewalk.

(j)

Maintenance.

(1)

The property owner shall be responsible for maintenance and replacement of trees, shrubs, grass, ground covers, loose bark or gravel, and sod which are part of the approved landscape plan. If any such plant materials are not maintained or replaced, the City may utilize the required surety to replace the newly planted or protected landscaping or to deem this to be a Municipal Code violation and issue an order to correct.

(2)

The owner is responsible for keeping trees in a plumb position. When staking or securing trees is done, it shall occur so as not to create any hazards or unsightly obstacles.

(3)

Plants must be maintained to be kept in sounds, healthy and vigorous growing conditions and free of disease, insect eggs and larvae.

(4)

A sprinkler or lawn irrigation system shall be required in the front yard and boulevard of all developments if lawn or sod is proposed. This standard does not apply to boulevards if sprinkler or lawn irrigation systems are not needed for the front yard.

(Code 1980, § 15.47(F))

The intent of this section is to provide for the coordination of design and location of walls and fences to maximize the positive interrelationship of buildings and public street, and to avoid the predominance of long, unarticulated walls or fences, and to prevent pedestrians from walking through planting. The following standards shall apply:

(1)

Walls and fences located in the front yard setback shall not exceed six feet in height above the finished grade and shall be at least 50 percent transparent to retain the visual connection between street and building.

(2)

The design and materials for walls and fences shall be coordinated with the design and materials of the principal buildings and should have substantially the same detail. This is not intended to require identical materials and design.

a.

Pressure treated lumber fences shall not be permitted unless stained or painted.

b.

All chainlink fences must be plastic coated and shall only be permitted in side yards and backyard, and shall not extend nearer to the street than the front of the building nor used in the side yard on a corner property.

c.

Smooth faced concrete (CMV) blocks or non-architectural poured walls used to construct a wall shall be covered with brick or some other decorative block or dimensional material such as a stained block product. Painted or colored smooth faced concrete bricks or blocks shall not be considered decorative block.

(3)

Walls and fences shall provide variety and articulation at each end and at intervals not exceeding 25 feet through at least one of the following methods:

a.

Changes in plane of not less than one foot;

b.

Expression of structure, such as post, column, or pilaster;

c.

Variation of material; or

d.

Landscaping.

(Code 1980, § 15.47(G))

(a)

The intent of this section is to protect local water ways by:

(1)

Maximizing the amount of stormwater that can be infiltrated on site; and

(2)

Minimizing the amount of pollutants carried off site by stormwater.

(b)

A stormwater management and erosion control plan shall be required for all new construction, shall be coordinated with the landscaping and open space plan, and shall be designed by either a registered landscape architect, architect or a professional civil engineer in accordance with the City of La Crosse's Stormwater Management Ordinance and shall include a maintenance plan and agreement.

(c)

Until such time as the City adopts a stormwater management ordinance, the City shall adopt chapter 29 of the La Crosse County Code regulating stormwater with the following exceptions:

(1)

A separate stormwater permit is not required. Chapter 29 rules apply as part of the Commercial Design Review process.

(2)

Sections 29.05(2), regarding the County applicability of standards is deleted.

(3)

Section 29.06(3)(d), exemption mg runoff rate control on infill development is deleted.

(4)

Section 29.07(3)(a), (b), regarding permit application form and fee are deleted.

(5)

Sections 29.10(1), (2), (3), (9), regarding permit application, fee ,approval and duration are deleted.

(6)

Section 29.12(2)(c); "Release of any required financial assurance" is modified to read "Release of Occupancy Permit by the Fire Department - Division of Fire Prevention and Building Safety."

(7)

Section 29.13 requiring financial assurance is deleted.

(8)

Section 29.16 regarding appeals is deleted.

(9)

Section 29.17 regarding amendments is deleted.

(10)

Section 29.18 regarding fees is deleted.

(d)

For parcels less than one-quarter acre in size, the City shall work with the property owner/developer/applicant to develop a practical site specific stormwater management plan that allows for flexibility in the use of stormwater treatment devices including rain barrels, rain gardens, swales, cisterns, drain tiles, soil amendments, porous pavements, grass pavers for overflow parking areas, etc.

(e)

The use of bio-cells, living roofs and rain gardens is encouraged due to their aesthetic as well as utilitarian benefits.

(f)

Newly concentrated stormwater, such as that from rooftops, impervious surfaces, or swales, shall not be directed onto or across adjacent properties or across sidewalks. Rooftop stormwater shall not be discharged within five feet of a sidewalk unless an intervening landscape element is used to promote infiltration, such as a rain garden.

(g)

Stormwater detention and infiltration facilities shall be designed as visual and open space amenities that enhance the overall appearance of the site.

(Code 1980, § 15.47(H); Ord. No. 4911, § I(attch.), 1-14-2016)

(a)

The intent of this section is to enhance daytime and night time appearances; to establish a safe environment, and to minimize light pollution, glare and light trespass onto adjacent properties. The use of solar, LED or low watt compact florescent lights that decorate the property and are located and directed where people need to see in the dark are encouraged.

(b)

All exterior lights shall be designed for commercial use. A lighting plan showing lighting levels on-site and at the property line as well as spec sheets with pictures must be submitted with the design standards checklist for each exterior light to be used.

(c)

Pedestrian lighting shall clearly indicate the path of travel, shall minimize dark spots along that path, and shall utilize coordinated light fixtures.

(d)

The maximum height of wall mounted parking lot light fixtures shall be 16 feet above the ground. Pole-mounted fixtures are acceptable but not required and will have a maximum height of 30 feet from the ground to the top of the fixture. Fixtures shall be of full-cut-off (FCO) design to minimize glare and spillover.

(e)

Ornamental lighting to light the building facade is permitted, provided that the light source is not visible from the property line and is designed to minimize glare and spillover.

(f)

No overhead light source (i.e., the lamp or reflector) shall be visible from the property line. Shields may be employed, if necessary, to meet this requirement. The maximum allowable luminance measured 25 feet beyond the property line shall be 0.05 horizontal footcandles (HFC).

(g)

Lighting levels for parking lots and pedestrian routes: (horizontal luminance measured in footcandles):

(1)

Average: 2.4 footcandles.

(2)

Minimum: 1.0 footcandles.

(3)

Uniformity ratio (bright spots to dark spots): 4:1.

(4)

Maximum average: 5.0 footcandles.

(h)

Each exterior entry to structures on the property shall have an exterior light.

(i)

For properties adjacent to residential uses, motion sensor flood or spot lights shall have shrouds, be limited to two bulbs pointed at least 30 degrees downward and not directly into windows or doors of neighboring building and the light sources shall not be visible from the street.

(Code 1980, § 15.47(T))

(a)

For commercial developments that include a residential component, the intent of this section is to increase resident safety, comfort and privacy by providing individual outdoor spaces for each unit.

(b)

Every residential unit is encouraged to have its own patio or balcony and shall be incorporated into the architectural facade of the building and may encroach into the building setback area but not more than 25 percent. Commercial structures are also permitted to have exterior balconies. No patio or balcony can hang over a sidewalk.

(c)

For commercial developments, ground level patios or decks for customer seating are permitted in the setback areas and should include some screening for noise.

(d)

Exterior stairs leading to a deck or balcony are permitted provided that they are decorative and are architecturally compatible with the building and constructed of compatible materials. Exterior corridors visible from a street are not permitted.

(e)

Rooftop green roofs or rooftop patios and decks are permitted and if intended for occupied use shall have a railing height or parapet of at least 42 inches. Only outdoor furniture is permitted.

(Code 1980, § 15.47(J))

(a)

The intent of this section is to encourage building design (forms, scale and context) that will result in high quality, orderly, and consistent street spaces, compatible relationships to adjoining sites, and an urban character; to create buildings that provide human scale, interest, and are architecturally cohesive yet varied, in their overall form, scale and context; and to protect the architectural character and cohesiveness of surrounding buildings.

(b)

Photos of at least four street views of nearby blocks shall be submitted with the design standards checklist.

(c)

Buildings shall be designed to provide human scale, interest, and variety. The following techniques may be used to meet this objective:

(1)

Variation in the building form such as recessed or projecting bays, shifts in massing, or distinct roof shapes.

(2)

Emphasis of building entries through projecting or recessed forms, detail, color, or materials.

(3)

Variation of material, material modules, expressed joints and details, surface relief, color, and texture to break up large building forms and wall surfaces. Such detailing could include sills, headers, belt courses, reveals, pilasters, window bays, and similar features.

(d)

For all nonmanufacturing or retail buildings, where the allowable building is more that 50 percent wider than adjacent buildings, one the following techniques shall be employed to minimize the apparent width of the primary facade:

(1)

Articulate the facade with projections or bays.

(2)

Use architectural elements such as column, canopies, glass, changes in materials, and covered entries to interrupt the facade.

(e)

The first floor facade shall include windows to provide visual interest and visual connection to the street. The total area of windows and doors on the street-facing facade, including trim, shall not be less than 20 percent of the total area of the facade, excluding gables.

(f)

Buildings shall be built to the front yard setback line. In highway commercial areas, the building setback shall not be greater than 25 feet and no parking is permitted in the front yard setback area.

(g)

Commercial buildings within Historic Districts or adjacent to any designated historic building must first receive DRC review and approval prior to submittal to the Heritage Preservation Commission for their review. Approval by the Heritage Preservation Commission is necessary prior to the issuance of any building permit. The developer can appeal to the City Plan Commission if denied by the Heritage Preservation Commission.

(Code 1980, § 15.47(K))

(a)

The intent of this section is to provide visual interest and architectural character; to promote resident safety; to enliven the street; and to minimize noise and light near adjacent residential buildings.

(b)

The primary entrance to the building shall be covered at least three feet from the door. Entrance features may encroach into the front yard setback a maximum of three feet. Building entrances shall be emphasized through projecting or recessing forms, detail, color or materials. Buildings shall be oriented toward the street with pedestrian access.

(c)

All openings shall be articulated or appropriately trimmed through the use of materials such as flat or arched lintels, projecting sills, or surrounds.

(d)

Exterior windows and doors.

(1)

All windows shall be in keeping with the architectural character of the building.

(2)

All windows shall have an interior locking or securing mechanism.

(3)

For mixed used developments that include residential units, exterior entry doors for individual units shall be residential in style (real or decorative styles, rails or panels) solid or insulated or multiple units may be commercial in style (glass). If the door does not have a translucent window lower than five feet, it shall have a security peephole.

(Code 1980, § 15.47(L))

(a)

The intent of this section is to provide visual interest and architectural character.

(b)

Any roof style such as hip, gambrel, mansard, colonial, flat or another roof style is permitted so long as the roof pitch is appropriate to the architectural style of the building (e.g., prairie school) and the roof element contains additional architectural elements such as dormers, long overhangs, windows or other feature.

(c)

Flat roofs are permitted, and must incorporate a parapet wall on all sides, unless the rear side of the building is sloped for drainage. The parapet should include architectural details appropriate to the building design that create a positive visual termination for the building (a "top").

(d)

A minimum of 50 percent of a buildings linear roof drip edge should fall to ground surfaces that do not contain impervious surface. If gutters or roof drains are neighboring properties and shall be directed to rain garden(s) designed to retain a 0.5 inch-one-hour rainfall. For information regarding directing clean roof water to rain gardens, the Wisconsin DNR and UW-Extension have extensive publications on the proper calculation for the size and planting materials for rain gardens in Wisconsin.

(Code 1980, § 15.47(M))

(a)

The intent of this section is to maintain architectural character and to encourage the use of attractive and high quality materials with low life-cycle costs.

(b)

The use of identical materials on all sides of the building is encouraged; however, higher-quality materials on street-facing facades and complementary materials on other facades are acceptable.

(c)

Use of decorative accessories and trim is highly encouraged.

(d)

Vinyl, plywood, chipboard, T1-11, asphalt siding, non-architectural metal siding and smooth-faced concrete block are prohibited as exterior finish materials unless the architect can demonstrate that the materials are appropriate to the design of the building. Treated wood shall be painted or stained.

(e)

Natural wood shall be painted or stained, unless it is cedar, redwood or some other naturally weather resistant species and is intended to be exposed.

(f)

Colors and designs.

(1)

Since the selection of building colors has a significant aesthetic and visual impact upon the public and neighboring properties, as well as an impact on the energy use and comfort of customers and tenants, designs and color shall be selected in general harmony with the overall existing neighborhood.

(2)

Neutral or natural colors for the primary siding material with brighter or darker colors for accent and trim that provide for a more interesting building and are cooler in the summer are preferred.

(3)

Complimentary multicolor and textured roofing materials that provide for a more interesting building and are cooler in the summer are preferred.

(Code 1980, § 15.47(N))

(a)

The intent of this section is to improve the visual impact of garages, and accessory building facing the street, and to prevent storage doors and overhead doors from facing the street, and to maximize pedestrian safety.

(b)

Street-facing overhead doors on garages are not permitted on lots served by an alley.

(c)

The cumulative length of all garage doors facing the street shall not exceed 50 percent of the total length of the street-facing elevation unless architecturally justified.

(d)

All accessory buildings shall be architecturally compatible and be constructed of the same materials as the primary buildings all changes to the approved plans such as the addition of an accessory structure shall be approved by the Design Review Committee if not submitted at the time of initial review.

(Code 1980, § 15.47(O))

(a)

The intent of this section is to improve customer and tenant comfort and promote energy efficiency and recycling.

(b)

Energy and resource-efficient design is required for all sites and buildings. Buildings shall be demolished, constructed and finished in ways that can minimize the amount of water and energy consumed. Building materials should come from renewable sources, indoor environmental quality should be maximized, and construction waste should be minimized using a construction site recycling program. Guidelines for these design consideration are available from LEED Guidelines for New Construction. LEED is Leadership in Energy and Environmental Design, an initiative of the U.S. Green Building Council. For more information contact planning staff or see http://www.usgbc.org/. LEED certification of completed projects is encouraged but not required. All buildings and sites should attempt to qualify for LEED for new construction, meeting 30 of the possible 108 points and must meet State Building Code requirements. See http://www.usgbc.org/. A completed LEED checklist must be submitted with the design standards checklist to demonstrate compliance with the standard.

(Code 1980, § 15.47(P))

(a)

The intent of this section is to insure ongoing maintenance of buildings, property improvements and landscaping materials.

(b)

All commercial structures and buildings that are developed and constructed under this division shall maintain the property through an ongoing maintenance program. The maintenance program is to include all exterior aspects of the development and include but is not limited to parking lots, building mechanicals, service elements, customer and tenant amenities, landscaping open space and plantings, wall and fences, signage, stormwater facilities, exterior lighting, patios and decks, exterior finishes, windows, architectural detail, and accessory structures.

(c)

The project shall be maintained over the life of the development in a like-new condition with an on-going maintenance program that adheres to the intent of the original building plans and is subject to inspection by the City at any time. Failure to maintain the project may subject the property to fines as permitted under this chapter and the City of La Crosse Stormwater Management Ordinance.

(Code 1980, § 15.47(Q))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the Fire Department - Division of Fire Prevention and Building Safety.

Meteorological tower (met tower) means and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

Micro or small scale turbines means turbines that are sized in order to fit on top of building and are usually less than ten feet in height.

Owner shall mean the individual or entity that intends to own and operate the small wind energy system in accordance with this division.

Rotor diameter means the cross sectional dimension of the circle swept by the rotating blades.

Total height means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

Tower means the monopole, freestanding, or guyed structure that supports a wind generator.

Wind energy system means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by the Wis. Stat. § 66.0403(l)(m)). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.

Wind generator means blades and associated mechanical and electrical conversion components mounted on top of the tower.

(Code 1980, § 15.48(A); Ord. No. 4911, § I(attch.), 1-14-2016)

Cross reference— Definitions and rules of construction, § 1-2.

(a)

Any person who fails to comply with any provision of this division or a building permit issued pursuant to this division shall be subject to enforcement and penalties as stipulated in section 115-470.

(b)

Nothing in the section shall be construed to prevent the City from using any other lawful means to enforce this division.

(Code 1980, § 15.48(H))

The purpose of this division is to oversee the permitting of small wind energy systems and preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system (per Wis. Stat. § 66.0401).

(Code 1980, § 15.48(intro.))

The provisions of this division are severable, and the invalidity of any section, subdivision, paragraph, or other part of this division shall not affect the validity or effectiveness of the remainder of the division.

(Code 1980, § 15.48(I))

It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with manufacturer's requirement and this division or with any condition contained in a building permit issued pursuant to the division. Small wind energy systems installed prior to the adoption of this division are exempt.

(Code 1980, § 15.48(F))

(a)

This division shall be administered by the Administrator or other official as designated.

(b)

The Administrator may enter any property for which a building permit has been issued under this division to conduct an inspection to determine whether the condition stated in the permit have been met.

(c)

The Administrator may issue orders to abate any violation of this division.

(d)

The Administrator may issue a citation for any violation of this division.

(e)

The Administrator may refer any violation of this division to legal counsel for enforcement.

(Code 1980, § 15.48(G))

A small wind energy system shall be a conditional use in all residential distracts and a permitted use in all other zoning districts, except those properties included within the Bluffland Preservation Program where these systems are prohibited, which are the Floodway Zoning District, the Conservancy District and Shoreland-Wetland Districts subject to the following requirements:

(1)

Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height from:

a.

Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;

b.

Any overhead utility lines, that are within the falling arc of the entire small wind energy system plus ten feet unless written permission is granted by the affected utility;

c.

All property lines, unless written permission is granted from the affected land owner or neighbor.

(2)

Access.

a.

All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

b.

The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(3)

Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall not be suspended in the air.

(4)

Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(5)

Appearance, color, and finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless otherwise indicated in the building permit.

(6)

Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system shall be prohibited.

(7)

Code compliance. A small wind energy system including tower shall comply with all applicable State construction and electrical codes, and the National Electrical Code.

(8)

Utility notification and interconnection. Small wind energy systems that connect to the electrical utility shall comply with the Wis. Admin. Code ch. PSC 119.

(9)

Met towers. Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

(10)

Airport Clear Zone. Must meet all requirements of the airport zoning height restriction when installed within the Airport Clear Zone.

(Code 1980, § 15.48(B))

(a)

Building permit. A building permit shall be required for the installation of a small wind energy system.

(b)

Documents. The building permit application shall be accompanied by a plot plan which includes the following:

(1)

Property lines and physical dimensions of the property;

(2)

Location, dimensions, and types of existing major structures on the property;

(3)

Location of the proposed wind system tower;

(4)

The right-of-way of any public road that is contiguous with the property;

(5)

Any overhead utility lines;

(6)

Wind systems specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed);

(7)

Tower foundation blueprints or drawings;

(8)

Tower blueprint or drawing;

(c)

Fees. The application for a building permit for a small wind energy system must be accompanied by the fee required for a building permit for a permitted accessory use.

(d)

Expiration. A permit issued pursuant to this division shall expire if:

(1)

The small wind energy system is not installed and functioning within 24-months from the date the permit is issued; or

(2)

The small wind energy system is out of service or otherwise unused for a continuous 12-month period.

(Code 1980, § 15.48(C))

(a)

An owner shall submit an application to the Administrator for a building permit for a small wind energy system. The application must be on a form approved by the Administrator and must be accompanied by two copies of the plot plan identified in section 115-599.

(b)

The Administrator shall issue a permit or deny the application within one month of the date on which the application is received.

(c)

The Administrator shall issue a building permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this division.

(d)

If the application is approved, the Administrator will return one signed copy of the application with the permit and retain the other copy with the application.

(e)

If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision pursuant to Wis. Stat. ch. 68. The applicant my resubmit if the deficiencies specified by the Administrator are resolved.

(f)

The owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the small wind energy system is complete, and full use authorized as signed by pertinent authority.

(Code 1980, § 15.48(E))

(a)

A small wind energy system that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Administrator may issue a Notice of Abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Administrator shall withdraw the notice of abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.

(b)

If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months receipt of Notice to Abandonment. If the owner fails to remove the wind generator form the tower, the Administrator may pursue a legal action to have the wind generator removed at the owner's expense.

(Code 1980, § 15.48(D))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building-integrated solar energy system means a solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

Grid-intertie solar energy system means a photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

Ground-mount means a solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses.

Off-grid solar energy system means a photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

Passive solar energy system means a solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

Photovoltaic system means a solar energy system that converts solar energy directly into electricity.

Renewable energy easement, solar energy easement means an easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land, consistent with Wis. Stats. § 700.35.

Renewable energy system means a solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window.

Roof-mount means a solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use.

Roof pitch means the final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.

Solar access means unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

Solar farm means a commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located.

Solar garden means a commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing or located offsite from the location of the solar energy system. A community solar system may be either an accessory or a principal use.

Solar resource means a view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. Standard time on all days of the year.

Solar collector means a device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

Solar collector surface means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

Solar daylighting means a device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system means a device, array of devices, or structural design feature, the purpose of which is to provide for generation of electricity, the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.

Solar heat exchanger means a component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.

Solar hot air system (also referred to as solar air heat or solar furnace) means a solar energy system that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air. The most efficient performance typically uses a vertically mounted collector on a south-facing wall.

Solar hot water system (also referred to as solar thermal) means a system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

Solar mounting devices means racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

Solar storage unit means a component of a solar energy device that is used to store solar generated electricity or heat for later use.

(Ord. No. 5117, § I, 11-14-2019)

This division applies to all solar energy installations in the City of La Crosse.

(Ord. No. 5117, § I, 11-14-2019)

The City of La Crosse has adopted this regulation for the following purposes:

(a)

Comprehensive Plan goals. To meet the goals of the Comprehensive Plan and preserve the health, safety, and welfare of the community's citizens by promoting the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied electric energy. The following solar energy standards implement the following objectives from the Comprehensive Plan:

(1)

Objective. Safeguard and improve environmental features as a means of promoting sustainable urban development, revitalization, and quality of life.

(2)

Objective. Improve building and site design in residential, commercial, and industrial buildings to serve current and future generations.

(3)

Objective. Use "Smart Growth" strategies to maintain the City's leadership role in regional economic development.

(4)

Objective. Invest in system improvements strategically to ensure they are cost-effective.

(5)

Objective. Establish and maintain an open, fair planning and regulatory process that is consistent with other jurisdictions.

(b)

Greenhouse gas emission goals. The City of La Crosse has committed to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity or heat will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources.

(c)

Wisconsin Smart Planning. Wisconsin Smart Planning principles must be considered when local governments make planning, zoning, development, and resource management decisions. The City of La Crosse has adopted Principle 3 - Clean, Renewable, and Efficient Energy - to encourage the promotion of clean energy use through increased access to renewable energy resources.

(d)

Infrastructure. Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of The City of La Crosse's electric distribution infrastructure.

(e)

Local resource. Solar energy is an under used local energy resource and encouraging the use of solar energy will diversify the community's energy supply portfolio and exposure to fiscal risks associated with fossil fuels.

(f)

Improve competitive markets. Solar energy systems offer additional energy choice to consumers and will improve competition in the electricity and natural gas supply market.

(Ord. No. 5117, § I, 11-14-2019)

Solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below.

(a)

Height. Solar energy systems must meet the following height requirements:

(1)

Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment per subsection 115-390(1)b.

(2)

Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height when oriented at maximum tilt.

(b)

Setback. Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.

(1)

Roof- or building-mounted solar energy systems. In addition to the building setback and National Fire Protection Association (NFPA) roof access requirements, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.

(2)

Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt and must meet the clearance requirements of the NFPA.

(c)

Visibility. Solar energy systems shall be designed to blend into the architecture of the building as described in subsection (c)(1)—(3), to the extent such provisions do not diminish solar production or increase costs, consistent with Wis. Stats., § 66.0401.

(1)

Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.

(2)

Roof-mounted solar energy systems. Solar energy systems that are flush-mounted on pitched roofs are blended with the building architecture. Non-flush-mounted pitched roof systems on the front ROW shall not be higher than the roof peak, and the collector shall face the same direction as the roof on which it is mounted, to minimize wind loading and structural risks to the roof.

(3)

Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize reflected light from the reflector affecting adjacent or nearby properties. Measures to minimize reflected light include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, reducing use of the reflector system, or other remedies that limit reflected light. "Screening" means a natural or manmade object that minimizes reflected light's effect on adjacent or nearby properties. "Other remedies" means remedies other than those listed above that would minimize reflected light's effect on adjacent or nearby properties.

(d)

Coverage. Roof- or building-mounted solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for firefighting purposes to the south-facing or flat roof upon which the panels are mounted. Ground-mount systems shall not exceed half the building footprint of the principal structure, and shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious and will be included in coverage limitations in order to protect water quality. Residential zoning districts must comply with area regulations of subsection 115-390(2)c. if more restrictive than the requirements of this paragraph.

(e)

Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must receive approval of the Heritage Preservation Commission, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.

(f)

Permit required. All solar energy systems shall require a permit approved by the zoning administrator.

(1)

Plan applications. Plan applications for solar energy systems shall be accompanied by to scale horizontal (site plan) and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.

a.

Pitched roof-mounted solar energy systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

b.

Flat roof-mounted solar energy systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.

(2)

Plan approvals. Applications that meet the design requirements of this division shall be granted a permit approved by the zoning administrator and shall not require Planning Commission review. Permit approval does not indicate compliance with Plumbing Code, Fire Code, or Electric Code.

(g)

Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.

(h)

Compliance with Building Code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Wisconsin Building Code or the Building Code adopted by the local jurisdiction, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.

(i)

Compliance with State Electric Code. All photovoltaic systems shall comply with the Wisconsin State Electric Code.

(j)

Compliance with NFPA. All photovoltaic systems shall comply with the NFPA.

(k)

Compliance with Plumbing Code. Solar thermal systems shall comply with requirements of Chapter 103, Article V, of the City of La Crosse Code of Ordinances.

(l)

Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

(Ord. No. 5117, § I, 11-14-2019)

The City of La Crosse encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts.

(a)

Solar gardens. La Crosse permits the development of community solar gardens, subject to the following standards and requirements:

(1)

Rooftop gardens permitted. Rooftop community systems are permitted in all districts where buildings are permitted.

(2)

Ground-mount gardens conditional. Ground-mount community solar energy systems must be less than six acres in total size, and are a conditional use in all districts. Ground-mount solar developments covering more than six acres shall be considered solar farms.

(3)

Interconnection. An interconnection agreement must be completed with the electric utility in whose service territory the system is located.

(4)

Dimensional standards. All structures must comply with setback, height, and coverage limitations for the district in which the system is located.

(5)

Ground cover and buffer areas. Ground-mount solar gardens must comply with solar farm ground cover and buffer area standards, as described in subsection (b)(3).

(6)

Other standards. Ground-mount systems must comply with all required standards for structures in the district in which the system is located.

(b)

Solar farms. Ground-mount solar energy arrays that are the primary use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted under the following standards:

(1)

Conditional use permit. Solar farms are conditional uses in Light Industrial, Heavy Industrial, and Agricultural districts.

(2)

Stormwater and erosion control. Solar farms are subject to all City of La Crosse's stormwater management and erosion control provisions requirements.

(3)

Ground cover and buffer areas. In addition to the provisions of the NFPA, the following provisions shall be met related to the clearing of existing vegetation and establishment of vegetated ground cover. Additional requirements may apply as required by Multifamily Residential and Commercial Design Standards.

a.

Large-scale removal of mature trees on the site is discouraged.

b.

Top soils shall not be removed during development, unless part of a remediation effort.

c.

Soils shall be planted and maintained for the duration of operation in perennial vegetation to prevent erosion, manage run off, and improve soil.

d.

Seeds should include a mix of grasses and wildflowers, ideally native to the region of the project site that will result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening.

e.

Seed mixes and maintenance practices should be consistent with recommendations made by qualified natural resource professionals such as those from the Wisconsin Department of Natural Resources, County Soil and Water Conservation District, Land and Water Conservation Department or Natural Resource Conservation Service.

f.

Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.

g.

The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit, or bond in favor of the City of La Crosse equal to 125 percent of the costs to meet the ground cover and buffer area standard. The financial guarantee shall remain in effect until vegetation is sufficiently established.

(4)

Foundations. A qualified engineer shall certify that the foundation and design of the solar panels racking and support is within accepted professional standards, given local soil and climate conditions.

(5)

Other standards and codes. All solar farms shall be in compliance with all applicable Local, State and Federal regulatory codes, including the State of Wisconsin Uniform Building Code, as amended; and the NFPA and National Electric Code, as amended.

(6)

Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator.

(7)

Site plan required. A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the zoning administrator. The site plan should also show all zoning districts, and overlay districts.

(8)

Aviation protection. For solar farms located within 1,000 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(9)

Agricultural protection. Solar farms must comply with site assessment or soil identification standards that are intended to protect agricultural soils.

(10)

Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of Chapter 36, Solid Waste. The zoning administrator may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.

(Ord. No. 5117, § I, 11-14-2019)

Homeowners' agreements, covenant, common interest community standards, or other contract between multiple property owners within a subdivision of La Crosse shall not restrict or limit solar energy systems.

(Ord. No. 5117, § I, 11-14-2019)

(a)

Condition for planned unit development (PUD) approval. The Planning and Development Department may require on-site renewable energy systems or zero-net-energy (ZNE) or zero-net-carbon (ZNC) building designs as a condition for approval of a PUD permit to mitigate for:

(1)

Risk to the performance of the local electric distribution system;

(2)

Increased emissions of greenhouse gases;

(3)

Other risks or effects inconsistent with the Comprehensive Plan.

(b)

Condition for rezoning or conditional use permit. The Planning and Development Department may require on-site renewable energy systems or zero net energy construction as a condition for a rezoning or a conditional use permit.

(1)

The renewable energy or zero net energy condition may only be exercised for new construction or redevelopment projects.

(2)

The renewable energy condition may only be exercised for sites that have sufficient on-site or district energy access to a local energy source. Local energy sources include, but are not limited to, solar energy resources, wind energy resources, biomass energy resources, and waste heat sources that can reasonably meet all performance standards and building code requirements

(Ord. No. 5117, § I, 11-14-2019)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory facility means a structure, shelter, cabinet, box, or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or auxiliary electric generators. Also known as an "equipment enclosure."

Alternative support structure structures means and includes, but not limited to, clock towers, steeples, silos, light poles, water towers, free-standing chimneys, utility poles and high voltage towers, buildings, or similar structures that may support telecommunications facilities.

Amateur radio means wireless communication technology used by licensed private individuals or nonprofit entities for noncommercial communication.

Antenna means a specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas for commercial purposes.

Antenna array means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes.

Applicant means any person, firm, or entity seeking to place a wireless communication facility (WCF) within the boundaries of the City.

Building mounted antenna means any antenna, other than an antenna with its supports resting on the ground, directly attached to or affixed to a building.

Camouflage means the use of shape, color, and texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall or roof. The term "camouflage" does not mean invisible, but rather appearing as part or exactly like the structure used as a mount.

City means the City of La Crosse, Wisconsin.

Co-location means a telecommunications facility comprised of a single monopole, lattice tower, building, or other alternative support structure supporting multiple antennas, dishes, or similar wireless communications facilities owned or used by more than one public or private entity.

Concealment means fully hidden from view. For example, a wireless communication facility (WCF) is concealed when it is completely hidden or contained within a structure, such as a building, wall, or roof.

Developed street means any public right-of-way classified as an alley (in commercial areas only), residential access street, collector street, minor arterial, or principal arterial and which is partially or fully developed and devoted to transportation use by the public at large.

Disguised means a wireless communication facility (WCF) that has been changed to appear to be something other than what it really is. For example, WCFs are sometimes disguised to appear as trees or flagpoles.

Engineer means any engineer licensed by the State of Wisconsin.

Equipment enclosure means a structure, shelter, cabinet, box, or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or auxiliary electric generators. Also known as an "accessory facility."

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Ground mounted antenna means any antenna with its base placed directly on the ground.

Guyed structure means a telecommunications structure that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

Height means the vertical distance measured from pre-existing ground level to the highest point on the wireless communication facility (WCF), including, but not limited to, the antenna or antenna array.

Lattice tower means a wireless communication support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides.

Licensed carrier means any company licensed by the Federal Communications Commission (FCC) to build wireless communication facilities (WCFs) and operate personal wireless services. Also called a provider.

Mast means a type of wireless facility support structure that is thinner and shorter than a monopole. Masts are typically outfitted with dual polarized antenna(s) rather than "top hat" arrays frequently found on monopole facilities.

Micro-cell means a transmitter-receiver system used to communicate to a subscriber's handset and having a typical range of 600 to 1,000 meters.

Monopole tower or monopole means a vertical support structure, consisting of a single vertical metal, concrete, or wooden pole, driven into the ground or attached to a foundation.

Mount means any mounting device or bracket which is used to attach an antenna or antenna array to a street pole, building, alternative support structure, or monopole.

Panel antenna means a directional antenna designed to transmit and/or receive signals in a directional pattern which is less than 360 degrees, typically an arc of approximately 120 degrees.

Personal wireless services or PWS means any of the technologies as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including cellular, personal communications services (PCS), enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), and paging. See Wireless communication facilities.

Radome shield means a plastic housing within which antennas are placed. The fiberglass-like plastic material is signal transparent, thereby allowing concealed antennas to operate.

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TeleVision Receive Only satellite systems (TVROs), Direct Broadcast Satellite systems (DBSs), and satellite microwave antennas.

Stealth means a wireless industry term for hidden or undetectable. Often combines elements of camouflage, concealment, and disguise.

Street pole means telephone, electric, cable television, or similar poles located in a developed street right-of-way.

Temporary wireless communication facility means a nonpermanent wireless communication facility (WCF) installed on a short-term basis, for the purpose of evaluating the technical feasibility of a particular site for placement of a WCF facility or for providing emergency communications during a natural disaster or other emergencies which may threaten the public health, safety and welfare. Examples of temporary WCF facilities include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a WCF.

Utility pole mounted antenna means an antenna attached to or upon an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light, or other approved similar structure.

View corridor means scenic views of natural and built areas and features, including, but not limited to: tree-covered hillsides; the "feathered edge" along ridgelines surrounding the City; views of the built environment which contain significant architectural or historical features; natural features such as lakes, rivers, or streams; an area of landscaping of local or regional significance; or a public art work.

Whip antenna means an omni-directional antenna designed to transmit and/or receive signals in a 360-degree pattern.

Wireless communication means any wireless services as defined in the Federal Telecommunications Act of 1996, including FCC licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), Global System of Mobile communication (GSM), paging, television broadcast, or commercial radio facilities and similar services that currently exist or may be developed. See Personal wireless service (PWS).

Wireless communication facility (WCF) means any unstaffed facility for the transmission and/or reception of personal wireless services.

(Code 1980, § 15.41(B))

Cross reference— Definitions and rules of construction, § 1-2.

Any person who violates any provision of this division shall forfeit not exceeding $1,000.00 for each offense. Each day during which a violation continues shall be deemed to constitute a separate offense.

(Code 1980, § 15.41(P))

Cross reference— General penalty for ordinance violations, § 1-7.

The purpose of this article is to establish regulations for the location, use, and height of wireless communication facilities within the City of La Crosse. The following regulations have been designed to protect the health, safety, and general welfare of the City's residents and property owners, as well as the visual character of the City and its surrounding environs. This section is also intended to minimize the visual impact of wireless communication facilities in the community by encouraging shared use of existing and future communication facilities; the use of existing tall buildings and other alternative support structures; and to minimize adverse visual effects from communication facilities by requiring careful siting, design (including camouflage, concealment, and disguise), and appropriate landscaping. It is further intended that the City of La Crosse shall apply these regulations to accomplish the following:

(1)

Minimize adverse visual effects of wireless communication facilities through design and siting standards.

(2)

Maintain and ensure that a nondiscriminatory, competitive, and broad range of telecommunication services and high quality telecommunication infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as serve as an important and effective part of the City of La Crosse law enforcement, fire, and emergency response network.

(3)

Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the interests of citizens of the City of La Crosse.

(4)

Protect environmentally sensitive areas by regulating the location, design, and operation of telecommunication facilities.

(5)

Accommodate the needs of amateur radio operators.

(Code 1980, § 15.41(A))

If any clause, section, or other part of this division shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this division shall not be affected thereby, but shall remain in full force and effect.

(Code 1980, § 15.41(R))

(a)

The following services and installations shall be exempt from this division:

(1)

Television antennas, satellite dishes, receive only antennas, amateur radio facilities, mobile services providing public information coverage of news events or of a temporary or emergency nature;

(2)

Ground mounted antennas not exceeding 45 feet in height;

(3)

Building mounted antennas not exceeding 15 feet above the highest part of the building to which they are attached; and

(4)

Utility pole mounted antennas not exceeding 15 feet above the highest part of the utility pole to which they are attached.

(b)

Exemptions under this chapter are subject to all other applicable provisions of this Code. See section 115-397 for satellite dish regulations.

(Code 1980, § 15.41(C))

Applications for variances shall be reviewed by the Board of Zoning Appeals per division 2 of article II of this chapter.

(1)

General regulations. All wireless communications facilities shall comply with all applicable FCC and FAA regulations. All facilities shall also comply with all applicable local zoning, building, and electrical codes. In addition, the following regulations shall apply:

(2)

Co-location requirement. At all times, shared use of existing monopole or lattice towers, including conforming and legal nonconforming towers, shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of an antenna(s) on pre-existing structures shall be considered.

a.

All applicants must attempt, in good faith, the co-location of wireless communication facilities (WCFs) on already existing towers, or monopoles, or alternative support structures.

b.

If such co-location is not feasible, said applicant must provide documentation of good faith attempt to co-locate facilities (in the form of written proposals and denials). No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing tower, structure, or alternative technology can accommodate the applicant's needs. Evidence submitted shall address the following:

1.

That no existing towers or structures are located within the geographic area that meets the applicant's engineering requirements.

2.

That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

3.

That existing towers or structures do not have sufficient strength to support the applicant's proposed antenna and related equipment.

4.

That the applicant's proposed antenna would cause electromagnetic interference with the antenna(s) on the existing tower or structure, or that the antenna(s) on the existing tower or structure would interfere with the applicant's proposed antenna.

5.

That other limiting factors that render existing towers or structures unsuitable are demonstrated.

6.

That alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable.

7.

In the event that the applicant claims an inability to co-locate, the City shall require a third party independent review by a radio frequency engineer licensed and registered by the State of Wisconsin.

c.

An applicant intending to share use of an existing tower or structure, including conforming and legal nonconforming towers, shall be required to document approval from an existing tower or structure owner to share use of the facility. The applicant shall pay reasonable fees and costs of adapting an existing tower or structure to a new shared use.

d.

An applicant intending to share use of an existing tower or structure, including conforming and legal nonconforming towers, or locate an antenna and supporting electrical and mechanical equipment on a pre-existing building or structure shall be required to submit to the Fire Department - Division of Fire Prevention and Building Safety the following information for review and approval prior to issuance of a wireless communication facility permit:

1.

Documentation of the intent from the owner of the existing facility to allow shared use.

2.

A site plan which shall show all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking, and landscaping. Any methods used to conceal the modification of the existing facility, as required in subsection (5) of this section, shall be indicated on the site plan.

3.

An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tower, building, or structure, and explaining what modifications, if any, will be required in order to certify to the above.

4.

A copy of its Federal Communications Commission (FCC) license.

(3)

Stealth facilities. Stealth facilities shall be allowed only after the applicant has demonstrated that co-location on existing structures is not feasible. The goal of stealth facilities is to minimize obtrusive, intrusive, or incompatible sightings. Examples of facilities promoting the use of "stealth technology" shall consist of, but not be limited to the following:

a.

Microcells within steeples;

b.

Camouflaged antenna arrays located on existing buildings or alternative support structures;

c.

Dual polarized antenna(s) located on streetlights or utility poles.

(4)

New tower/future shared use.

a.

Applications for the installation of new monopoles shall only be considered after the applicant has attempted to co-locate on existing facilities and use stealth facilities. No new lattice towers, or other similar guyed or un-guyed structures shall be erected within the City.

b.

All new monopole facilities shall be restricted to a maximum height of 75 feet. The applicant shall design the proposed new communications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Fire Department - Division of Fire Prevention and Building Safety a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other communications providers in the future. This letter shall be filed with the Fire Department - Division of Fire Prevention and Building Safety prior to the issuance of a conditional use permit and/or wireless communication facility permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the approval for siting the new tower. The letter shall commit the tower owner and owner's interest to:

1.

Respond within 90 days to a request for information from a potential shared use applicant.

2.

Negotiate in good faith concerning future requests for shared use of the new tower by other communications providers.

3.

Allow shared use of the new tower if another communications provider agrees in writing to pay reasonable charges. The charges may include but are not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

(5)

Visibility. Wireless facilities shall meet the following requirements:

a.

The use of "stealth" practices shall be encouraged to minimize the visual impact of wireless facilities. This includes the use of camouflage, concealment, and disguise.

b.

Where applicable, facilities shall be of a galvanized finish or painted gray above the adjacent surrounding tree-line and/or development, and painted gray, green, black, or similar colors designed to blend into the adjacent natural surroundings and/or development unless other standards are required by the Federal Aviation Administration (FAA). Facilities shall be designed and sited so as to avoid, wherever possible, application of FAA lighting and painting requirements.

c.

Accessory facilities shall be designed using materials, colors, textures, screening, and landscaping that will help to camouflage, conceal, or disguise the facilities in an effort to blend them into the adjacent natural setting and/or adjacent development.

d.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(6)

Screening and fencing. Buffer/screen planting and security fencing shall be required as follows:

a.

An eight-foot high security fence shall completely surround the tower, equipment, building(s), guy wires, and anchors (if required).

b.

An evergreen screen shall be planted that consists of either a hedge, planted three feet from the fencing, maximum, or a row of evergreen trees planted ten feet from the fencing, maximum. All plants should be a minimum of four feet in height at the time of planting.

c.

Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible. Mitigation shall be required where preservation is not practical.

d.

Required plants shall be maintained in a healthy condition at all times. Any plant that dies shall be replaced with another living plant that is comparable to the existing plant materials or plant materials specified in the approved landscape plan within 90 days after notification by the City. The Department of Planning and Development may extend this period up to an additional 90 days due to weather considerations. If the plants have not been replaced after appropriate notification and/or extension, the property owner, shall be in violation of this section of the regulations.

e.

At the discretion of the Director of Planning and Development, applicants may use alternatives to fencing/ screening provided that the alternatives are compatible with the surroundings and provide adequate security.

(7)

Lighting. Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(8)

Setback. In order to ensure public safety, the minimum distance from the base of any ground mounted monopole tower to any property line or easement line, public right-of-way, habitable dwelling, business or institutional use, or public recreational area shall be a distance equal to at least 40 percent of the height of the tower from any adjoining property line or easement line. The applicant wishing to site a new monopole tower may negotiate an easement with adjoining property owners to establish said setback provided a deed restriction is recorded which prevents any development or building within said easement. All other associated accessory equipment, buildings, guy wires, and anchors shall meet the minimum yards required for an accessory building within the zoning district in which the facility is to be located. Facilities located on alternative support structures are not required to meet the setback requirements of this section.

(9)

Signage. No signs shall be allowed on an antenna or tower, other than safety or warning signs. No permittee shall place or allow to be placed signs, symbols, or banners attached to, painted, or inscribed upon any wireless communication facility (WCF). Flags may be used in an effort to disguise wireless facilities. A permittee may place not more than one sign measuring 12 inches by 12 inches upon or near the WCF which:

a.

States that trespassers will be prosecuted (if applicable);

b.

Lists the names and telephone numbers of persons to be contacted in the event of an emergency;

c.

Identifies the permittee or person responsible for operating the WCF; and/or

d.

Contains information necessary and convenient for the permittee or person operating the WCF to identify the WCF.

Nothing in this subsection (9) shall be construed to prohibit the placement of safety or warning signs upon any portion of the WCF which are required by law or which are designed to apprise emergency response personnel and the employees and agents of PWS providers of particular hazards associated with equipment located upon the WCF.

(10)

Historic sites. Historic sites shall be deemed viable sites. Wireless communications facilities may be permitted within or on historic sites on the condition that the placement of the facility shall not compromise the historic significance or appearance of the site. Historic Preservation Board approval shall be required for WCFs on historic sites within the City.

(11)

Trees. Applicants must indicate in their application all trees which they intend to remove from the site. Removed trees shall be replaced on a one to one basis.

(12)

Utility poles. Protrusions from the face of the pole should be no greater than the diameter of the pole itself, and in no case greater than 12 inches. The pole should be no wider than the minimum necessary to support the proposed equipment. If antennas are enclosed in a radone shield on top of the pole, the shield should have a maximum overhang of four inches. The pole shall be no wider than the minimum necessary to support the proposed equipment.

(Code 1980, § 15.41(D); Ord. No. 4911, § I(attch.), 1-14-2016)

(a)

Nonconforming use. Wireless communication facilities in existence prior to the adoption of these regulations and are not in accordance with provisions of these regulations shall be deemed legal nonconforming uses or structures. Nonconforming WCFs shall be allowed to continue their usage as they presently exist. Routine maintenance and installation of shared use equipment such as additional antennas and associated equipment shall be permitted on such pre-existing facilities.

(b)

Expansion of nonconforming use. Existing wireless communication facilities that are installed in accordance with provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(c)

Rebuilding nonconforming wireless communication facilities. Any nonconforming wireless facility that is obsolete, damaged, or destroyed may be rebuilt subject to the following:

(1)

The applicant must satisfy the requirements found in the general regulations of this subdivision.

(2)

Permits to reconstruct the facility shall comply with the current applicable regulations, and shall be obtained within 180 days from the date the facility is demolished, damaged, or destroyed. If no permit is obtained, or if said permit expires, the wireless communication facility shall be deemed abandoned and all remedies pursuant to section 115-442 shall be applicable.

(Code 1980, § 15.41(E))

(a)

Each permittee shall maintain its wireless communication facility (WCF) in a good and safe condition and preserve its original appearance and concealment, disguise, or camouflage elements incorporated into the design at the time of approval and in a manner which complies with all applicable Federal, State, and local requirements. Such maintenance shall include, but not be limited to, such items as painting, repair of equipment, and maintenance of landscaping.

(b)

Modification. Any proposed change or addition to any wireless communication facility (WCF) shall require the issuance of a new WCF permit, pursuant to the requirements of this chapter. This provision shall not apply to routine maintenance of a WCF, nor to the replacement of any portion of the WCF with identical equipment.

(Code 1980, § 15.41(K))

(a)

Abandonment. Any wireless communication facility (WCF) no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of the intent to cease operations and shall have 90 days from the date of ceasing operations to remove the WCF and any related facilities. In the case of co-location, this provision shall not become effective until all users cease operations. Any WCF not in use for a period of 12 consecutive months shall be deemed a public nuisance and may be removed by the City at the owner's expense.

(b)

The cost of razing the facility may be charged in full or in part against the real estate upon which the facility is located, and if that cost is so charged it is a lien upon the real estate and may be assessed and collected as a special tax. Any portion of the cost charged against the real estate that is not reimbursed from funds withheld from an insurance settlement may be assessed and collected as a special tax.

(Code 1980, § 15.41(L))

_____

All wireless communication facilities shall require a wireless communication facility permit. The following restrictions shall be adhered to:

Code 1980, § 15.41(F); Ord. No. 4858, § I, 1-8-2015)

_____

(a)

Wireless communication facility permit and/or conditional use permit required. No person shall construct, operate, or continue to operate a wireless communication facility within the City without a wireless communication facility permit and/or conditional use permit (when required) issued under this chapter, unless exempted from such permit requirement by the provisions of this chapter. Application for the permit shall be to the Fire Department - Division of Fire Prevention and Building Safety on forms required by the Fire Department - Division of Fire Prevention and Building Safety. The permit shall be issued by the Fire Department - Division of Fire Prevention and Building Safety.

(b)

Application for approval. Each request for the approval of a wireless communications facility shall include the following information:

(1)

Conditional use permit. All information required under article VI of this chapter.

(2)

Wireless communication facility permit:

a.

A completed application form, signed by the owner, the owner's agent, or the contract purchaser. If the owner's agent signs the application, he or she shall also submit written information regarding the nature of their corporation or employer. If the contract purchaser signs the application, he or she shall also submit the owner's written consent to the application.

b.

A recorded plat, recorded boundary survey, or plat of survey, Certified Survey Map (CSM), or American Land Title Association (ALTA) survey of the parcel on which the facility will be located, and a copy of the legal description of the parcel on which the facility will be located. The legal description, tax parcel number, and address of the parcel of land on which the facility will be located.

c.

The identity of the owner of the parcel and, if the owner is other than a real person, the complete legal name of the entity, a description of the type of entity, and written documentation that the person signing on behalf of the entity is authorized to do so.

d.

A scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation required by the Fire Department - Division of Fire Prevention and Building Safety, signed and sealed by an appropriate licensed professional. The plans and supporting drawings, calculations and documentation shall show:

1.

The location and dimensions of all proposed improvements, including the maximum height above ground of the facility (also identified in height above sea level).

2.

The design of the facility, including the specific type of support structure and the design, type, location, size, height, and configuration of all proposed antennas and other equipment.

3.

The topography within 2,000 feet of the proposed facility, in contour intervals not to exceed ten feet.

4.

The height of all trees within 100 feet of any proposed monopole or tower relied upon to establish the proposed height and/or screening of the monopole or tower.

5.

All existing and proposed setbacks, parking, fencing and landscaping.

6.

The location and design of all proposed accessways.

7.

Residential structures, zoning district boundaries, and parcels subject to conservation easements within 2,000 feet of the facility.

8.

The proximity of the facility to commercial and private airports and helipads.

e.

Color photographs of the site.

f.

For any proposed monopole or tower, color photographs taken of a balloon test, which shall be conducted as follows:

1.

The applicant shall contact the Department of Planning and Development within 30 days after the date the application was submitted to schedule a date and time when the balloon test will be conducted. The test shall be conducted within 60 days after the date the application was submitted, and the applicant shall provide the Department with at least seven days prior notice; provided that this deadline may be extended due to inclement weather or by the agreement of the applicant and the Department.

2.

The test shall consist of raising one or more balloons from the site to a height equal to the proposed facility.

3.

The balloons shall be of a color or material that provides maximum visibility.

4.

The photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties, along each publicly used road from which the balloon is visible, and other properties and locations as deemed appropriate by the Department of Planning and Development. The applicant shall identify the camera type, film size, and focal length of the lens for each photograph.

g.

Radio frequency emission certification (in conformance with FCC guidelines).

(Code 1980, § 15.41(G); Ord. No. 4911, § I(attch.), 1-14-2016)

Applicants intending to share the use of an existing tower, including conforming or legal nonconforming towers, or locate an antenna and supporting electrical and mechanical equipment on a pre-existing building or structure shall submit the following:

(1)

Documentation of the intent from the owner of the existing facility to allow shared use.

(2)

A site plan which shall show all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking, and landscaping. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.

(3)

An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tower, building, or structure, and explaining what modifications, if any, will be required in order to certify the above.

(4)

A copy of its Federal Communications Commission (FCC) license.

(Code 1980, § 15.41(H))

All application approvals and denials shall be provided in written form by the Fire Department - Division of Fire Prevention and Building Safety.

(Code 1980, § 15.41(I); Ord. No. 4911, § I(attch.), 1-14-2016)

Except as otherwise provided, each permittee shall pay to the City, in consideration of the issuance of a wireless communication facility permit authorizing the occupancy and use of City streets, public ways, and public places, the following:

(1)

A one-time permit initiation fee in the amount established by resolution.

(2)

Where the proposed site for the wireless communication facility is property of the City of La Crosse or within the public right-of-way, the City shall require the applicant to sign a lease, with the fee to be determined by the Board of Public Works. If any terms of the lease or permit are violated by the permittee, the City reserves the right to charge the permittee penalties.

(3)

Each permit granted pursuant to this chapter shall contain a condition which requires the permittee to reimburse the City for all direct and indirect expenses reasonably incurred in connection with the modification, amendment, or transfer of the permit.

(4)

Each permittee shall be required to reimburse the City for all direct and indirect expenses not otherwise covered by permit application fees reasonably incurred while reviewing, inspecting, and supervising the construction, installation, and/or maintenance of a wireless communication facility (WCF) authorized by a permit granted pursuant to this chapter.

(5)

Costs incurred by the City in response to any emergency at the WCF shall be included within the reimbursable expenses set forth in this section.

(6)

Except as provided in Wis. Stat. § 116-474, the City reserves the right to acquire the services of an RF engineer to serve as a neutral reviewing party. Applicants of permits shall be required to reimburse the City for expenses related to this neutral party review.

(Code 1980, § 15.41(J))

Cross reference— Persons indebted to City not to be issued permit, license or lease, § 2-292.

(a)

The permittee shall indemnify and hold harmless the City, its officers, boards, commissions, agents, and employees against and from any and all claims, demands, causes of action, actions, suits, proceedings, and damages, including costs or liabilities of the City with respect to its employees, of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost and expense resulting or arising out of any of the same, including any attorney's fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expenses for any damages resulting from the operation, construction, or maintenance of the system.

(b)

The permittee shall, at the sole risk and expense of the permittee, upon demand of the City, made by and through the City Attorney, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise brought or instituted or had by third parties or duly constituted authorities, against or affecting the City, its officers, boards, commissions, agents, or employees, and arising out of or pertaining to the exercise or the enjoyment of the wireless communication facility permit or conditional use permit issued to permittee or granting thereof by the City.

(c)

The permittee shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made, or issued against permittee, the City, its officers, boards, commissions, agents, or employees in any of these premises, and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking, or other assurance required hereunder, provided that neither permittee nor City shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding without first obtaining the consent of the other.

(d)

The permittee shall file with the City Clerk and shall, during the term of its permit, maintain in full force and effect at its own expense insurance as provided in section 2-2. All performance bonds, shall be issued by companies authorized to do business in the State of Wisconsin

(Code 1980, § 15.41(Q))

A permit issued pursuant to this chapter may be revoked for the following reasons:

(1)

Construction and/or maintenance operation of a wireless communication facility (WCF) at an unauthorized location;

(2)

Construction or operation of a WCF in violation of any of the terms and conditions of this chapter or the conditions attached to the permit;

(3)

Misrepresentation or lack of candor by or on behalf of an applicant, permittee, or wireless communications service provider in any application or written or oral statement upon which the City substantially relies in making the decision to grant, review, or amend any permit pursuant to this chapter;

(4)

Abandonment of a WCF as set forth in this chapter;

(5)

Failure to relocate or remove facilities as required in this chapter; or

(6)

Failure to promptly cure a violation of the terms or conditions of the permit.

(Code 1980, § 15.41(M))

In the event that the City believes that grounds exist for revocation of a permit, the permittee shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the permittee a reasonable period of time not exceeding 30 calendar days to furnish evidence:

(1)

That corrective action has remedied the violation or noncompliance;

(2)

That rebuts the alleged violation or noncompliance; and/or

(3)

That it would be in the public interest to impose some penalty or sanction less than revocation.

(Code 1980, § 15.41(N))

(a)

In the event that a permittee fails to provide evidence reasonably satisfactory to the City, the City may revoke the permit. The permittee may appeal the decision to revoke the permit to the Board of Zoning Appeals. The Board of Zoning Appeals shall provide the permittee with notice and a reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.

(b)

Within ten calendar days of completion of the hearing, the Board of Zoning Appeals shall issue a written decision revoking the wireless communication facility (WCF) permit or imposing such lesser sanctions as may be deemed appropriate under the circumstances.

(c)

In making its decision, the Board of Zoning Appeals shall apply the following factors:

(1)

Whether the misconduct was egregious;

(2)

Whether substantial harm resulted;

(3)

Whether the violation was intentional;

(4)

Whether there is a history of prior violations of the same or other requirements;

(5)

Whether there is a history of overall compliance; and

(6)

Whether the violation was voluntarily disclosed, admitted or cured.

(d)

In the case of permit revocation, the Board of Zoning Appeals may authorize the Fire Department - Division of Fire Prevention and Building Safety to remove the wireless communications facilities and/or accessory facilities pursuant to those procedures found in section 115-474.

(Code 1980, § 15.41(O); Ord. No. 4911, § I(attch.), 1-14-2016)