Lake Winnebago City Zoning Code
ARTICLE VII
General Development Standards
Section 400.460 Off-Street Parking and Loading.
[Ord. No. 700 §1, 9-26-2007]
A.
Applicability. Off-street parking and loading shall be provided in accordance with the regulations of this Section for all new development and for any existing development that is altered in a way that enlarges or increases capacity by adding or creating dwelling units, guest rooms, floor area or seats. Off-street parking and loading shall also be provided for any change of use or manner of operation that would, based on the Off-Street Parking Schedule or the Off-Street Loading Schedule of this Section, result in a requirement for more parking or loading spaces than the existing use.
B.
Off-Street Parking Schedule A. Off-street parking spaces shall be provided in accordance with the Off-Street Parking Schedule A. In some cases, the applicable off-street parking space requirement in Schedule A refers to Schedule B or Schedule C. These schedules can be found following Schedule A.
Off-Street Parking Schedule A | ||
|---|---|---|
Use Type | Number of Spaces Required | |
Planned development | Spaces to be provided pursuant to Schedule C | |
RESIDENTIAL USES | ||
Assisted living | 1 per dwelling unit | |
Duplex | 2 exterior per dwelling unit | |
Group home | 1 per employee plus 1 per 4 residents | |
Multi-family | 1.25 per efficiency unit, plus 1.5 per 1 bedroom unit, plus 2 spaces per 2 bedroom and larger units. All required spaces shall be exterior unless otherwise approved by a development plan | |
Single-family, attached | 1.25 per efficiency unit, plus 1.5 per 1 bedroom unit, plus 2 spaces per 2 bedroom and larger units. All required spaces shall be exterior unless otherwise approved by a development plan | |
Single-family, detached | 2 exterior per dwelling unit. In additional to the exterior spaces, all detached single-family residences shall be constructed with space for fully covered and fully enclosed parking for 2 standard passenger vehicles in an area designated as a garage, attached or integral to the residence and compatible with said residence in construction, material and color. No single-family residence shall be altered in such a way as to incorporate garage space into living area unless said alteration shall provide an equivalent area of fully covered, fully enclosed parking in the form of a garage attached to or integral with said residence and compatible in construction, materials and color. | |
PUBLIC, QUASI-PUBLIC AND COMMERCIAL USE | ||
Animal care, general | 1 per 400 square feet | |
Bank or financial institution | 1 per 200 square feet, plus stacking spaces per Section 400.460(L) "Stacking Spaces For Drive-Throughs". | |
Bar or tavern | 1 per 75 square feet | |
Campground | 1 per camping space | |
Car wash | Stacking spaces per Section 400.460(L) "Stacking Spaces For Drive-Throughs". | |
Cemetery | Spaces to be provided pursuant to Schedule C | |
Club, private | 1 per 4 persons capacity | |
Convalescent care | 1 per 4 beds patient capacity, plus 1 per 2 employees | |
Convenience store | 1 per 200 square feet of retail space, plus stacking spaces per Section 400.460(L) "Stacking Spaces For Drive-Throughs". | |
Cultural service | 1 per 500 square feet | |
Day care (limited or commercial) | 1 per employee, plus 1 per 10 cared-for individuals at maximum capacity | |
Funeral home | 1 per 4 person capacity | |
General contractor, construction service | Spaces to be provided pursuant to Schedule B | |
Golf course | 4 per hole, plus spaces required for restaurant and bar area | |
Government service | 1 per 300 square feet | |
Health and recreation club, private facilities | 1 per 200 square feet | |
Hotel or motel | 1 per guest room, plus 1 per 10 guest rooms, plus required spaces for restaurant, assembly and other uses within hotel/motel | |
Medical service | 1 per 200 square feet | |
Office, general | 1 per 200 square feet | |
Parks and recreation, public | Spaces to be provided pursuant to Schedule C | |
Post office | Spaces to be provided pursuant to Schedule C | |
Recreation and entertainment, | ||
Indoor theaters | 1 per 3 seats | |
Other | 1 per 400 square feet | |
Recreation and entertainment, outdoor | Spaces to be provided pursuant to Schedule C | |
Religious assembly | 1 per 4 seats | |
Repair service | 1 per 400 square feet | |
Restaurant, fast-food | 1 per 75 square feet of customer service or dining area, 1 per 200 square feet if no customer service or dining area, plus stacking spaces per Section 400.460(L) "Stacking Spaces For Drive-Throughs". | |
Restaurant, general | 1 per 150 square feet for first 2,500 square feet, plus 1 per 100 square feet over 2,500 square feet | |
Retail sales and service | 1 — 30,000 square feet = 1 per 200 square feet 30,001 — 60,000 square feet = 1 per 250 square feet 60,001+ square feet = 1 per 300 square feet | |
Safety service | Spaces to be provided pursuant to Schedule C | |
School, elementary, middle or high | Spaces to be provided pursuant to Schedule C | |
Vehicle and equipment sales | Spaces to be provided pursuant to Schedule B | |
Vehicle/equipment storage yard | Spaces to be provided pursuant to Schedule C | |
Vehicle repair | 5 per service bay | |
Vocational school | 1 per 3 students, plus 0.5 per faculty member at maximum occupancy | |
Warehouse, residential storage | 1 per 10 storage bays or 1 per 500 square feet, whichever produces more spaces | |
MANUFACTURING, INDUSTRY AND EXTRACTIVE USE | ||
Basic industry | Spaces to be provided pursuant to Schedule B | |
Food/bakery product manufacturing | 1 per 1,000 square feet or 1 per employee, whichever results in more spaces | |
Laundry service | 1 per 500 square feet or 1 per employee, that results in more spaces | |
Manufacturing and assembly | Spaces to be provided pursuant to Schedule B | |
Printing and publishing | 1 per 1,000 square feet or 1 per employee | |
Warehousing and wholesale | Spaces to be provided pursuant to Schedule B | |
Welding or machine shop | 1 per 1,000 square feet or 1 per employee, whichever results in more spaces | |
AGRICULTURAL USES | ||
Agriculture, general | None | |
C.
Off-Street Parking Schedule B. Off-street parking spaces for Schedule B uses shall be provided in accordance with the following table. Parking is required for each of the component activities located on the lot.
Schedule B | ||
|---|---|---|
Use Type | Number of Spaces Required | |
Office or administrative area | 1 per 300 square feet | |
Indoor sales, service or display area | 1 per 500 square feet | |
Outdoor sales, service or display area (over 3,000 square feet in area): | ||
Motor vehicles and heavy equipment sales/storage | 1 per 2,000 square feet | |
Other sales/service/display | 1 per 1,000 square feet | |
Indoor storage, warehousing, equipment servicing or manufacturing area | 1 per 500 square feet | |
D.
Schedule C. Schedule C uses have widely varying parking demand characteristics, making it impossible to specify a single off-street parking standard. A developer proposing to develop or expand a Schedule C use shall prior to approval of a final development plan submit a parking study that provides justification for the number of off-street parking spaces proposed. The Zoning Administrator or their designees shall review this study and any other traffic engineering and planning data that are relevant to the establishment of an appropriate off-street parking standard for the proposed use. A parking study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) and data collected for uses or combinations of uses that are the same or comparable to the proposed use. Comparability shall be determined by density, scale, bulk, area, type of activity and location. The study shall document the source of data used to develop the recommendations. After reviewing the parking study, the Zoning Administrator or their designees shall make a recommendation to the Planning and Zoning Commission and Board of Aldermen concerning the establishment of a minimum off-street parking standard for the proposed use.
E.
Computing Off-Street Parking And Loading Requirements.
1.
Multiple uses. Lots containing more than one (1) use shall provide parking and loading in an amount equal to the total of the requirements for all uses.
2.
Fractions. When measurements of the number of required spaces result in fractions, the required parking spaces shall be rounded up to the next whole number.
3.
Area. Unless otherwise noted in the provisions, all square footage-based parking and loading standards shall be computed on the basis of gross floor area.
4.
Employees, students and occupant-based standards. For the purpose of computing parking requirements based on the number of employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity that is applicable and that results in the greater number of spaces.
5.
Unlisted uses. Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the Zoning Administrator or their designees shall apply the off-street parking standard specified for the listed use that is deemed most similar to the use proposed in the application or require a parking study in accordance with Schedule C.
F.
Off-Street Parking For Persons With Disabilities. Off-street parking facilities shall be designed and constructed to accommodate persons with disabilities in accordance with all requirements of the Americans with Disability Act and the approved Building Code of the City. Accessible stalls shall be provided in accordance with the following table.
Total Number of Parking Stalls | Required Number of Accessible Stalls | |
|---|---|---|
1 to 25 | 1 | |
26 to 50 | 2 | |
51 to 75 | 3 | |
76 to 100 | 4 | |
101 to 150 | 5 | |
151 to 200 | 6 | |
201 to 300 | 7 | |
301 to 400 | 8 | |
401 to 500 | 9 | |
501 to 1,000 | 2% of total | |
1,001 and over | 20 plus 1 for each 100 over 1,000 |
Accessible stalls shall be a minimum of nine (9) feet wide and eighteen and one-half (18.5) feet long with a five (5) foot wide striped access aisle. One (1) in every eight (8) accessible stalls, but not less than one (1), shall be served by an eight (8) foot wide striped access aisle (van accessible). Two (2) accessible parking spaces may share a common access aisle. |
G.
Location Of Off-Street Parking Spaces.
1.
On-site. Except as otherwise specifically provided, required off-street parking spaces shall be located on the same lot as the principal use.
2.
Residential districts.
a.
In "R-3" and less intensive districts, off-street parking shall not be permitted in required setbacks, except within customary driveways.
b.
The paved area of driveways, per lot, serving single-family or duplex uses shall not exceed twenty-four (24) feet in width in the City's easement. To allow for vehicle maneuvering, a two (2) feet wide wing shall be allowed on each side of the driveway. The wing shall taper back so that the driveway is twenty-four (24) feet in width three (3) feet back from the curb.
 |
c.
Driveways serving single-family or duplex uses shall provide a minimum exterior space to park two (2) vehicles side-by-side.
3.
Non-residential districts. In "B-1" and more intensive districts, no off-street parking spaces shall be permitted within fifteen (15) feet of public street right-of-way.
H.
Parking In Excess Of Minimum Standards. Off-street parking spaces provided in excess of minimum standards shall comply with all standards of this Section.
I.
Use Of Off-Street Parking Spaces. Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes or materials.
J.
Off-Site Parking. Required off-street parking spaces shall be located on the same lot as the use it is intended to serve, provided that the Zoning Administrator or their designees shall be authorized to allow all or a portion of required off-street parking spaces to be located on a remote and separate lot from the lot that the principal use is located, if the off-site parking complies with the following standards.
1.
Ineligible activities. Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, restaurants, bars or convenience stores and to the convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility.
2.
Location. No off-site parking space shall be located more than three hundred (300) feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. Off-site parking spaces shall not be separated from the use by a street right-of-way with a width of more than eighty (80) feet unless a grade-separated pedestrian walkway is provided.
3.
Zoning classification. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served.
4.
Agreement for off-site parking. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement shall be required. An attested copy of the agreement between the owners of record shall be submitted to the Zoning Administrator or their designees for recordation on forms made available in the office of the Planning and Economic Development Department. Such agreement shall take place before issuance of a building permit for any use to be served by the off-site parking area.
K.
Off-Street Parking And Loading Area Design Standards.
1.
Surfacing. Off-street parking and loading areas associated with a single-family or duplex uses shall be graded and paved with an approved asphalt, concrete or paver brick over an approved base. All other off-street parking and loading areas shall be surfaced with either:
a.
Four (4) inches of concrete with two (2) feet by two (2) feet mesh #4 rebar, or
b.
Six (6) inches of concrete with or without rebar, or
c.
Six (6) inches of asphalt.
2.
Lighting. Any off-street parking areas that are used after dark and provide space for five (5) or more vehicles shall be provided with lights. Parking lot lighting shall be subject to the regulations of Section 400.520 "Outdoor Lighting Standards".
3.
Drainage. All off-street parking and loading areas shall be designed to not increase the rate of stormwater runoff onto adjoining properties or streets. Drainage plans for off-street parking and loading areas shall be reviewed by the City Engineer.
4.
Curbing. The perimeter of all off-street parking and loading areas and their access drives shall be curbed, with the exception of driveways for single-family and duplex residences. Landscaped islands, in accordance with Section 400.490 "Landscaping and Buffering" and other interior parking features shall also be protected by curbs.
5.
Striping. Off-street parking areas contained five (5) or more spaces shall be delineated by pavement striping.
6.
Parking space dimensions. Required off-street parking spaces shall be designed in accordance with the minimum standards shown in the "Parking Area Design Table" below. In the event that proposed parking angles are not shown in the table, required parking shape dimensions shall be interpolated from the table below:
Parking Area Design Table | |||||
|---|---|---|---|---|---|
90° Parking Stall and Aisle Dimensions | |||||
Single or Double Loaded | Traffic Flow | Minimum Stall Dimensions | Minimum Aisle Width | Reference Diagram | |
Single | One Way | 9 x 18 feet | 24 feet | A | |
Single | Two Way | 9 x 18 feet | 24 feet | B | |
Double | Two Way | 9 x 18 feet | 24 feet | C | |
 |
45° Parking Stall and Aisle Dimensions | |||||
|---|---|---|---|---|---|
Single or Double Loaded | Traffic Flow | Minimum Stall Dimensions | Minimum Aisle Width | Reference Diagram | |
Single | One Way | 9 x 18 feet | 16 feet | D | |
Double | One Way | 9 x 18 feet | 16 feet | E | |
Double | Two Way | 9 x 18 feet | 20 feet | F | |
 |
7.
Loading space dimensions. Off-street loading spaces shall be at least fourteen (14) feet by fifty (50) feet in size with a minimum eighteen (18) foot height clearance.
8.
Timing of construction. Parking and loading spaces, driving aisles and access ways must be constructed before issuance of occupancy permits.
L.
Stacking Spaces For Drive-Throughs. In addition to meeting the off-street parking requirements of this Section, drive-through facilities shall comply with the following minimum stacking space standards:
1.
Stacking space schedule. The minimum number of stacking spaces required shall be as follows:
Use Type | Minimum Spaces | Measured From | |
|---|---|---|---|
Bank teller lane | 4 | Teller or window | |
Automated teller machine | 3 | Teller | |
Restaurant drive-through | 8 | Order box | |
Car wash stall, automatic | 6 | Entrance | |
Car wash stall, self-service | 3 | Entrance | |
Other | To be determined by traffic study | ||
Gas pump island | 30 feet from each end of pump island | ||
2.
Design and layout. Stacking spaces shall be subject to the following design and layout standards:
a.
Stacking shapes shall be a minimum of eight (8) feet by twenty (20) feet in size.
b.
Stacking spaces shall comply with the parking setback standards of Section 400.460(G) "Location of Off-Street Parking Spaces".
c.
Stacking spaces shall be designed so as not to impede on- and off-site traffic movements or movements into or out of parking spaces.
d.
Stacking spaces shall be separated from other internal driveways with raised medians as deemed necessary by the City Engineer for traffic movement or safety.
M.
Off-Street Loading. Off-street loading spaces shall be provided in accordance with the following minimum standards:
1.
Area required. Such loading and unloading space shall be an area at least fourteen (14) feet by fifty (50) feet, with eighteen (18) foot height clearance and shall be provided according to the table below.
2.
Spaces required. The number of required loading spaces shall be based on the amount of square feet of gross floor area (except floor area below the ground story) of buildings used for retail and wholesale, manufacturing and storage, etc., as established in the table below.
Floor Area | Minimum Off-Street Loading Requirement | |
|---|---|---|
3,000 to 25,000 square feet | 1 | |
25,001 to 100,000 square feet | 2 | |
100,001 to 250,000 square feet | 3 | |
250,001 to 500,000 square feet | 5 | |
500,001 to 750,000 square feet | 7 | |
750,001 to 1,000,000 square feet | 9 | |
1,000,001 + square feet | 10 + 1 per each 250,000 square feet above 1,000,000 |
N.
Off-Street Parking And Loading Plans. Plans showing the layout and design of all required off-street parking and loading areas shall be submitted to and approved by the Zoning Administrator or their designees before issuance of a building permit. Before approving any parking layout, the Zoning Administrator or their designees shall determine that the spaces provided are usable and meet all applicable standards of this Chapter. All required off-street parking spaces shall be clearly marked on the plan.
Section 400.470 Driveways and Roadway Access.
[Ord. No. 700 §1, 9-26-2007]
A.
Single-Family And Duplex Residences. The following standards shall apply to all driveways serving single-family and duplex residences. Driveways shall be graded and paved with either:
1.
Four (4) inches of concrete with two (2) feet by two (2) feet #4 rebar, or
2.
Six (6) inches of concrete with or without rebar, or
3.
Six (6) inches of asphalt, or
4.
Paver brick on six (6) inches of compacted AB3 with sand overlay.
B.
Multi-Family Or Non-Residential Uses. The following standards shall apply to all driveways providing access to multi-family or non-residential uses.
1.
General standards.
a.
Off-street parking spaces shall be arranged so that no vehicle will back directly onto a street. All private parking areas and circulation drives shall be located off of the street right-of-way.
b.
Access to property shall be allowed only by way of driveways and no other portion of the lot frontage shall be used for ingress or egress.
c.
Any driveway design must allow an entering vehicle turning speed of fifteen (15) miles per hour to help reduce interference with through street traffic. Radii of driveway shall be sufficient to achieve this standard for the types of vehicles that the driveway is intended to serve.
d.
There must be sufficient on-site vehicle storage to accommodate queued vehicles waiting to park or exit, without interfering with street traffic.
e.
Provisions for circulations between adjacent parcels should be provided through coordinated or joint parking systems.
f.
Driveway placement should be such that loading and unloading activities will in no way hinder vehicle ingress or egress.
g.
Driveway design must be such that vehicles entering the driveway from the street will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle will be able to use only the first (1st) through-traffic lane available without encroaching into the adjacent through lane.
2.
Right-turn lanes and tapers. Right-turn lanes and taper shall be required when:
a.
Expected right-turn ingress movements meet or exceed fifty (50) vehicles per hour during a typical weekday peak traffic period.
b.
Driveway volumes are expected to meet or exceed one thousand (1,000) vehicles per day, calculated using the Institute of Transportation Engineers site generated traffic standards for closest matching land use category as set forth in the most recent edition of the ITE Trip Generation Manual.
c.
The City Engineer can document, through traffic analysis, that such treatment is necessary to avoid congestion and/or unsafe conditions on the public arterial.
3.
Driveway grade. The grade of a two-way, one-way or divided driveway shall not exceed two percent (2%) for a minimum distance of twenty-five (25) feet from the edge of the pavement.
4.
Sight distance. Direct-access driveways shall be located to allow the following minimum sight distance:
Design Speed of Street (MPH) | Minimum Sight Distance (Feet) | |
|---|---|---|
30 | 200 | |
35 | 225 | |
40 | 275 | |
45 | 325 | |
50 | 350 |
5.
Driveway spacing.
a.
Arterial streets. Direct access to an arterial street shall be permitted only when the subject property has no other reasonable access to the street system and only if the Planning and Zoning Commission, with the recommendation of the City Engineer, determines that the proposed access point onto the arterial street can be accommodated safely. When direct access to an arterial street is approved by the Planning and Zoning Commission, with the recommendation of the City Engineer, pursuant to the requirements of this Section, the following standards shall apply.
(1)
Spacing from signalized intersections. All driveways providing access to arterial streets shall be constructed so that the point of tangency of the curb return radius closest to a signalized or stop sign-controlled intersection is at least two hundred fifty (250) feet from the perpendicular curb face of the intersecting street. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, the Planning and Zoning Commission, with the recommendation of the City Engineer, may reduce the spacing so long as the reduction does not result in an unsafe traffic condition.
(2)
Spacing from other (non-signalized) access points. All driveways providing access to arterial streets shall be constructed so that the point of tangency of the curb return radius closest to all non-signalized street or driveway intersections is at least two hundred (200) feet from the perpendicular curb face of the intersecting street or driveway. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, the Planning and Zoning Commission, with the recommendation of the City Engineer, may reduce the spacing, provided the reduction does not result in an unsafe traffic condition.
b.
Waivers. Waivers for these access standards may be approved by the Planning and Zoning Commission with the recommendation of the City Engineer, if the City Engineer determines that the requested waiver will not create a serious detriment to the safety or operation of traffic on the street or roadway based on the intensity of the uses permitted within the zoning district. The Planning and Zoning Commission, with the recommendation of the City Engineer, may require that the applicant for a waiver submit a traffic analysis if it is determined that such an analysis is necessary in order to render a competent decision on the requested waiver.
6.
Driveways per parcel.
a.
Unless otherwise specifically restricted, one (1) driveway opening shall be allowed per two hundred (200) feet of continuous street frontage. At least one (1) driveway shall be permitted for any lot.
b.
Parcels with two hundred (200) feet of frontage or less may apply for a secondary driveway if shared with an adjoining parcel, provided that the required minimum spacing is maintained. In such cases, only one (1) shared driveway will be permitted.
7.
Driveway width.
a.
One-way drives. The width of the driveway shall not exceed fourteen (14) feet.
b.
Two-way drives. The width of the driveway shall not exceed thirty-five (35) feet.
8.
Right-of-way work permit. No construction, grading, excavation, repair or reconstruction of any street, curb or gutter; or any sidewalk or driveway between the street and property line shall be commenced without first obtaining a right-of-way work permit from the Zoning Administrator or their designees.
9.
Surfacing. All driveways shall be surfaced with either:
a.
Four (4) inches of concrete with two (2) feet by two (2) feet mesh #4 rebar, or
b.
Six (6) inches of concrete with or without rebar, or
c.
Six (6) inches of asphalt.
Section 400.480 Zoning District Property Development Standards.
[Ord. No. 700 §1, 9-26-2007]
A.
The regulations of Article IV "Zoning Districts" establish many property development standards that apply within individual zoning districts. The rules governing exemptions, computations and measurements related to zoning district property development standards are established in this Section.
1.
Weeds and grass. No weeds or grass shall be permitted to exceed twelve (12) inches in height in any platted area. No weeds or grass shall be permitted to exceed twelve (12) inches in height within one hundred (100) feet of any platted area. Each property owner shall be responsible for areas between their property and the street and lake.
2.
Lot size.
a.
Reduction of public purpose. When an existing lot is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum lot size for the district that it is located, then that remaining lot shall be deemed to comply with the minimum lot size standards of this Chapter.
b.
Utilities. Utilities (major or minor) using land or an unoccupied building requiring less than one thousand (1,000) square feet of site area are exempt from the minimum lot size standards of all zoning districts.
c.
Single-family dwelling exemptions. The minimum lot size standards of this Chapter shall not be interpreted as prohibiting the construction of a single-family dwelling unit, in accordance with all other applicable regulations, on a lot that was legally platted or recorded before the adoption of this Chapter.
3.
Residential densities. The zoning district regulations of this Chapter express maximum residential densities in terms of lot area requirements per dwelling unit. The maximum number of dwelling units allowed on a lot shall be determined by dividing the subject lot's total lot area by the applicable lot area (per dwelling unit) requirement of the district. The number of dwelling units permitted in a mixed-use building (one containing residential and non-residential uses) shall not be affected by virtue of the building's mixed-use status. As with non-mixed-use projects, the maximum number of dwelling units allowed shall be calculated by dividing the subject lot's total lot area by the applicable lot area requirement of the district.
4.
Setbacks.
a.
Features allowed within setbacks. The following features may be located within any setback:
(1)
Trees, shrubbery, landscape gardens or other landscape features.
(2)
Gates.
(3)
Non-enclosed off-street parking and loading areas (driveways) and sidewalks.
(4)
Signs, subject to Article VIII "Signs".
(5)
Walks and balustrades.
(6)
Bay windows, architectural features, cantilevered floors, chimneys and other ornamental features of buildings that do not project more than two (2) feet into the required setbacks.
(7)
Fire escapes that do not extend into a setback by more than thirty percent (30%) of the required setback dimension.
(8)
Utility lines, wires and associated structures such as power poles.
b.
Setback averaging. If the existing front setbacks of lots within the same block, with the same zoning classification and fronting on the same side of the street, are less than the required front setback of the underlying zoning district, applicants shall be allowed to use the "average" front setback of the underlying zoning district, applicant shall be allowed to use the "average" front setback on that block. In such cases, the "average setback" shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property. In no event shall lots with different zoning classifications or undeveloped lots be included in the calculation. This provision shall not be interpreted as requiring a greater front setback than imposed by the underlying zoning district and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of way widths dropping below established minimums.
c.
Setback reduced for public purpose. When an existing setback is reduced because of conveyance to a Federal, State or local government for a public purpose and the remaining setback is at least seventy-five percent (75%) of the required minimum setback for the district that it is located, then that remaining setback shall be deemed to satisfy the minimum setback standards of this Chapter.
5.
Height.
a.
Fences or walls. In the case of fences or walls, height shall be measured on the side with the least vertical exposure above finished grade to the top of the fence or wall.
b.
Exemptions from height standards. The following structures and features shall be exempt from the height requirements of this Chapter:
(1)
Chimneys, smokestacks or flues.
(2)
Cooling towers and ventilators.
(3)
Elevators bulkheads and stairway enclosures.
(4)
Grain elevators and silos.
(5)
Flagpoles, radio and television receiving antennas and support structures, provided that they shall not exceed one hundred fifty percent (150%) of the maximum height permitted within the zoning district that they are located, measured from average finished grade at the base of the support structure or building that it is located.
(6)
Communication towers.
(7)
Utility poles, water towers and support structures.
(8)
Belfries, spires and steeples.
(9)
Monuments and ornamental towers.
Section 400.490 Landscaping and Buffering.
[Ord. No. 700 §1, 9-26-2007]
A.
This Section sets out the minimum landscaping and buffering requirements for new development within the City. Three (3) different types of landscaping and buffering are described in this Section: (1) general landscaping; (2) parking lot landscaping; and (3) landscape buffers.
1.
Applicability. The standards of this Section shall apply to all development except the following:
a.
Agriculture.
b.
Single-family residential and two-family residential.
c.
Existing development. Improvements or repairs to existing development that do not result in a twenty-five percent (25%) or more increase in floor area, provided the increase does not exceed two thousand five hundred (2,500) square feet.
2.
General landscaping. Landscaping within open spaces shall be provided in accordance with the following:
a.
Plants required. At least one (1) medium or large deciduous tree and four (4) shrubs shall be provided for each five thousand (5,000) square feet of lot area or fraction thereof.
b.
Location of plants. Plants required pursuant to this Section shall be installed in required front setback areas to the maximum extent possible.
c.
Open space. All landscaping areas (open space) that are not dedicated to trees or shrubs shall be landscaped with grass, ground cover or other appropriate landscape treatment. Sand or pavement shall not be considered appropriate landscape treatment.
3.
Parking lot landscaping. These standards shall apply to the interior of all off-street parking areas containing more than ten (10) off-street parking spaces. These standards shall not apply to vehicle/equipment storage lots, vehicle and equipment sales lots or multi-level parking structures.
a.
Relationship to other landscaping standards. Landscaping provided to meet the General Landscaping or Landscaping Buffer Standards of this Section shall not be counted towards meeting a project's Parking Lot Landscaping Requirements.
b.
Plants required. At least one (1) medium or large deciduous tree and four (4) shrubs shall be provided for each ten (10) parking spaces within an off-street parking area. Plantings shall be located in close proximity to or adjacent to the off-street parking area.
4.
Landscape buffers. The standards of this Subsection require landscape buffers to be provided and maintained when differing land uses or zoning classifications are adjacent to one another. These standards are intended to help ease the land use transition between areas of varying development intensity and ensure land use compatibility.
a.
Relationship to other landscaping standards. Landscaping provided to meet the general landscaping or parking lot landscaping standards of this Section shall not be counted towards meeting a project's landscape buffer requirements.
b.
Buffer required. If a proposed development is adjacent to a less intensive use or zoning classification, a landscape buffer meeting the following standards shall be required.
Required Plants per 100 Linear Feet of Buffer | ||||
|---|---|---|---|---|
Width (feet) | Shade Trees | Understory Evergreen | Shrubs | |
20 | 2 | 3 | 6 | |
c.
Location of buffers. Landscape buffers shall be located along those portions of a site that are adjoining lots with a less intensive use or zoning classification.
d.
Use of buffers. Landscape buffers shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area or any other type of physical land improvement shall be located in a landscape buffer, provided that driveways or roads may cross a required buffer if necessary to provide access to the building site. Sidewalks and pedestrian paths may also be located within required buffers.
e.
Waiver for small sites. The area of required landscape buffer shall not be required to exceed ten percent (10%) of the site proposed for development. In cases where buffer requirements would consume more than ten percent (10%) of the site, the Board of Aldermen may allow the width or location of buffers to be reduced or eliminated. The developer shall be required to add plant material within remaining buffers or elsewhere on the site.
f.
Responsibility for installing buffers. The developing property shall always be responsible for providing required landscape buffers. In those cases where a landscape buffer that complies with the standards of this Section is already in place — whether on the site of the developing property or on the site of the adjacent property — the developer shall not be required to install another landscape buffer. The developer of a subdivision or other developing site shall only be responsible for ensuring that the intervening landscape buffer complies with the standards of this Section. Landscape buffers required for subdivisions shall be placed in easements.
5.
Dumpster and ground-mounted mechanical equipment screening. Dumpsters or other mechanically dumped trash receptacles located in "R-3" and more intensive districts shall be completely screened from view on all sides by a fence or wall with a minimum height of six (6) feet or one (1) foot taller than the dumpster or equipment, whichever is greater. The fence or wall shall provide complete visual screening of the dumpster or equipment and be compatible in material and color with the principal structure on the lot.
6.
Landscape material standards. The following standards shall be considered the minimum required planting standards for all trees and landscape material.
a.
Plant quality. Plants installed to satisfy the requirements of this Section shall conform to or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock published by the American Association of Nurserymen. Plants shall be nursery quality and indigenous or adapted to the local area. All plants shall be alive and in good health.
b.
Artificial plants. No artificial plants or vegetation shall be used to meet any standards of this Section.
c.
Trees.
(1)
Types.
(a)
Required. Where required or permitted, trees shall be of ornamental, evergreen or of the large deciduous types, such as oak, maple, ash, hickory or thornless honey locust.
Use of the following trees is discouraged and shall not be used to satisfy the landscaping or buffering standards of this Section: Box elder (Acer negundo); Siberian (Chinese) elm (Ulmus pumila); Silver (soft) maple (Acer saccarinum); Bradford Pear (Pyrus calleryana "Bradford"); Green ash (Fraxinus americana); Cottonwood (Populus deltoides); Sycamore (Platanus acerifolia); Tree-of-heaven (Ailantus altissima); Willow (Salix sp.); Lombardi poplar (Populus lombardi); Black locust (Robinia pseudoaccia.
(b)
Recommended tree species. The City of Lake Winnebago, in order to promote a unifying theme of landscaping, has identified specific tree species that are recommended for use in developments throughout the City. These tree species are: Oak, Maple, Hickory, Ash, Linden and Locust.
(c)
Species mix. When three (3) or more trees are required to be planted to meet the standards of this Section, a mix of species shall be provided. In order to promote diversity in the urban forest, the number of species to be planted shall vary according to the overall number of trees required to be planted in accordance with the following requirements:
Required Number of Trees | Minimum Number of Species | |
|---|---|---|
3 — 9 | 2 | |
10 — 19 | 3 | |
20 — 29 | 4 | |
30+ | 5 |
(2)
Sizes.
(a)
Medium and large deciduous trees. Medium and large deciduous trees planted to satisfy the standards of this Section shall have a minimum diameter of two and one-half (2½) inches, measured at a point that is at least six (6) inches above ground level.
(b)
Understory deciduous or ornamental trees. Understory deciduous and ornamental trees planted to satisfy the standards of this Section shall have a minimum diameter of two (2) inches, measured at a point that is at least six (6) inches above ground level.
(c)
Conifers and upright evergreens. Conifers and upright evergreens planted to satisfy the standards of this Section shall have a minimum height of five (5) feet.
d.
Shrubs (deciduous and conifer). Shrubs planted to satisfy the standards of this Section shall have a minimum height of twenty-four (24) inches.
e.
Ground treatment. The ground area within required landscape areas shall receive appropriate landscape treatment and present a finished appearance and reasonably complete coverage upon planting. The following standard shall apply to the design of ground treatment:
(1)
Ground cover. Ground cover appropriate for the area may be planted in lieu of turf grass. Ground cover shall be of a size and spacing to provide a minimum of fifty percent (50%) coverage after the first (1st) full growing season and complete coverage after three (3) growing seasons. Edging shall be provided for all ground cover.
(2)
Mulch. Mulch shall be installed and maintained at a minimum depth of two (2) inches and a maximum depth of four (4) inches on all planted areas except where ground cover plants are fully established. Mulch may be used as a permanent ground treatment in those landscape designs where ground cover or grass is inappropriate.
(3)
Grass seed and sod. Turf areas shall be planted with species suitable as permanent lawns in Lake Winnebago. Turf areas shall be sodded or seeded. In areas where grass seed is used, maintenance shall be provided until coverage is complete and complete coverage shall be provided after the first (1st) full growing season. Areas not covered in full after the first (1st) growing season shall be sodded.
f.
Fences and walls. Fences and walls used to screen residential developments from adjacent streets and land uses shall be of uniform appearance and design throughout the subject development.
g.
Use of existing plant material.
(1)
General. Vegetation and plant material that exists on a site prior to its development may be used to satisfy the landscaping standards of this Section provided that it meets the size, variety and locational requirements of this Section.
(2)
Tree credits. Existing trees that satisfy the standards of this Section may be substituted for any of the trees required to be planted in this Section.
(3)
Trees excluded from credit. No credits shall be permitted for the following types of trees:
(a)
Trees that are not properly protected from damage during the construction process.
(b)
Trees that are dead, dying, diseased or infested with harmful insects.
(c)
Tree species which are identified as inappropriate or discouraged for use in Section 400.490(6)(c) "Trees".
7.
Installation, maintenance and replacement.
a.
Installation. All landscaping shall be installed according to sound landscape industry practices in a manner designed to encourage vigorous growth. All landscape material, living and non-living, shall be healthy and in place prior to the issuance of any occupancy permit. A temporary occupancy permit may be issued prior to installation of required landscaping if written assurances are submitted ensuring that planting and/or growth will take place when planting season arrives.
b.
Maintenance and replacement. Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the City shall be considered elements of the project in the same manner as parking, building materials and other details of the plan are considered elements of the project. The land owner or successors in interest or agent, if any, shall be jointly and severally responsible for the following:
(1)
Regular maintenance of all landscaping in good condition and in a way that presents a healthy, neat and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance as needed and in accordance with acceptable horticultural practices.
(2)
The repair or replacement of required landscape structures (e.g., walls, fences) to a structurally sound condition.
(3)
The regular maintenance, repair or replacement, where necessary, of any landscaping required by this Section.
(4)
Continuous maintenance of the site as a whole.
Section 400.500 Operational Performance Standards.
[Ord. No. 700 §1, 9-26-2007]
A.
General. No parcel, lot, building or structure in any zoning district shall be used or occupied in a manner so as to create any dangerous, harmful, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use that is allowed by the underlying zoning district regulations may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards.
B.
Fire Hazards. Any activity regulated by the National Fire Protection Association and any other City, State or Federal regulation shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such fire hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved.
C.
Vibration. No vibration shall be permitted that is detectable without instruments on any adjoining lot or property.
D.
Air Pollution. All uses shall be so operated that no smoke, odor, dust or other form of particulate matter shall be emitted that exceeds the regulations established by the State of Missouri Department of Natural Resources. Such uses shall be located so that prevailing winds will carry such air pollution away from areas of greatest concentration of persons. Also, such shall be kept removed from adjacent activities to a distance that is compatible with the potential nuisance or hazard involved.
E.
Water Pollution. All uses shall conform to the requirements and regulations established by the State of Missouri Department of Natural Resources pertaining to the pollution of streams and other bodies of water.
F.
Toxic Materials. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes, gases or materials. The storage of toxic materials shall be in compliance with all local, State and Federal regulations.
Section 400.510 Number of Principal Uses and Structures Per Lot.
[Ord. No. 700 §1, 9-26-2007]
A lot may be used for more than one (1) principal non-residential use and more than one (1) principal non-residential structure, provided that all structures are separated by a minimum distance of fifteen (15) feet and provided that development on the lot complies with all applicable standards of this Chapter.
Section 400.520 Outdoor Lighting Standards.
[Ord. No. 700 §1, 9-26-2007]
A.
Single-Family Residential Exterior Lighting. Residential exterior lighting may be permitted for single-family residential and duplex uses, including boat docks, provided the following conditions are met:
1.
The light source shall be directed away from adjoining properties.
2.
The maximum overall height for pole lighting shall be twelve (12) feet.
3.
Amortization schedule. All lighting shall be in compliance with these regulations within one (1) year of the effective date of this Chapter.
B.
Non-Single-Family Residential Exterior Lighting. The outdoor lighting standards of this Section shall be applicable to any new lighting fixtures or fixtures replacing existing ones in any development other than a single-family or duplex residence.
1.
Lighting plan. A lighting plan shall be submitted identifying proposed fixture height, pole and luminary style, colors and general locations.
2.
Shielding. Projects shall utilize only metal halide lighting incorporating flat lenses with full cutoffs so as to direct the light downward to avoid "light seepage". The light source shall be shielded so it will not be seen from neighboring properties.
3.
Height. Maximum overall pole height, including bases, shall be:
a.
Twenty (20) feet for parking areas within fifty (50) feet of residentially zoned districts.
b.
Twenty-four (24) feet for parking areas within fifty (50) feet of a street separating residentially zoned properties.
c.
Twenty-eight (28) feet for all other parking areas.
4.
Number of fixtures/poles. The minimum number of fixtures and poles shall be used to provide adequate lighting and meet the lighting standards of this Section.
5.
Floodlights prohibited. Floodlight fixtures are prohibited on parking lot light poles and may be used elsewhere as accent lighting only.
6.
Wall pack lights. Wall pack light fixtures are allowed provided that full cutoffs are utilized to direct the light downward and provided that no light source is visible.
7.
Underground service. All utilities serving lighting fixtures shall be provided underground.
8.
Exemptions. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields and tennis courts shall be exempt from the maximum illumination and luminary height standards of this Section, provided that lights used for such activities shall not exceed a maximum post height of eighty (80) feet. Ball diamonds, playing fields and tennis courts may exceed a total cutoff angle of ninety degrees (90°), provided that the luminary is shielded to prevent light and glare spill over to adjacent property zoned "R-1" or less intensive.
Section 400.530 Outdoor Storage and Display Standards.
[Ord. No. 700 §1, 9-26-2007]
A.
Standards For Outdoor Display In "B-1". Outdoor display of materials which are not completely enclosed or completely screened from view shall be permitted in the "B-1" District in accordance with the following standards:
1.
Types of materials permitted. Only materials that are for sale and consistent with the overall principal retail function of the business shall be permitted.
2.
Setback. Outdoor display areas shall comply with all setback requirements.
3.
Height. Outdoor displays shall not exceed fifteen (15) feet in height.
4.
Location. Outdoor displays shall be located so that pedestrian ways are not blocked or materially impeded. Displays shall not be located on public sidewalks or streets. No displays shall be located within ten (10) feet of a street line.
5.
Appearance. Outdoor displays shall have a neat and orderly appearance.
B.
Standards For Outdoor Storage In "B-1". Outdoor storage of materials, products or equipment which are not for retail sale shall be permitted in the "B-1" District in accordance with the following standards:
1.
Screening. All outdoor storage shall be contained within a fully enclosed building or in a fenced open yard adequately screened.
2.
Location. All outdoor storage shall be located in either a side or rear yard. Displays shall not be located on public sidewalks or streets. No outdoor storage shall be located within ten (10) feet of a street line.
3.
Appearance. All outdoor storage shall have a neat and orderly appearance.
4.
Setback. Outdoor storage areas shall comply with all setback requirements.
5.
Height. The height of materials stored shall not exceed the height limitation of the underlying zoning district.
6.
Storage of trucks. Parking and storage of tractors, truck tractors and trailers shall not exceed twenty-four (24) hours unless parked or stored in connection with a business and upon the premises of that business.
7.
Construction trailers. Construction trailers or trailer offices shall be permitted in connection with a current construction project. All trailers must be removed within ten (10) days of the issuance of an occupancy permit for the project which the trailer was associated.
Section 400.540 Non-Residential Design Standards.
[Ord. No. 700 §1, 9-26-2007]
A.
Applicability. The design standards of this Section shall apply in all non-residential zoning districts for any new development, building addition or exterior renovation which includes a change in materials. Review for compliance with these standards shall be conducted in accordance with Section 400.250 "Development Plan Applications".
B.
Approved Building Materials.
1.
Masonry. Brick, stone, concrete masonry units (CMU) with splitface, fluted, scored or other rough texture finish (specifically excluding smooth finish CMU or concrete brick, i.e. "Cherokee block").
2.
Concrete. Precast, cast in place or tilt up panels, provided a rough texture is present or to be added.
3.
Stucco. Including E.I.F.S. and Dryvit, but excluding pre-manufactured panels unless otherwise approved by the Planning and Zoning Commission and/or Board of Aldermen.
4.
Structural clay tile. Excluding glazed surface finish.
5.
Glass. Glass curtain walls and glass block and excluding mirror glass which reflects more than forty percent (40%) of incident visible light.
6.
Metal. Used only in an incidental role, i.e. trim, architectural features, standing seam metal roofing or other architectural metal roofing as approved by the Planning and Zoning Commission and/or Board of Aldermen.
7.
Roofing materials. As approved per development plan.
C.
Conditional Materials. The following materials may only be used as expressly approved by the Planning and Zoning Commission and/or Board of Aldermen:
1.
Wood. Only when used to provide compatibility to surrounding buildings or residential districts.
2.
Vinyl. Only when used to provide compatibility to surrounding buildings or residential districts.
3.
New materials not listed as approved, prohibited or conditional.
4.
Materials specifically excluded above or not listed and used in an incidental role, i.e. trim or architectural features.
D.
Temporary Materials. Materials for temporary use may only be allowed for a specific period of time as determined by the Board of Aldermen on a case-by-case basis. Approval of temporary materials shall be established at the time of approval of the preliminary plan and shall be noted on the preliminary and final development plans.
E.
Architectural Characteristics.
1.
Horizontal breaks. Horizontal breaks shall be provided on all sides of buildings to provide architectural relief and may include bands of accent color, brick course variances in color or placement, i.e. soldier course bricks for bands of different texture, windows, cornices, wall protrusions, horizontal belt courses, etc.
2.
Vertical breaks. Vertical breaks shall be provided on all sides of buildings to provide architectural relief and may include bands of accent color, brick course variances in color or placement, i.e. soldier course bricks for bands of different texture, windows, cornices, wall protrusions, vertical belt courses, etc.
3.
Consistency. All sides of a building shall include similar architectural details, materials and colors to avoid a back side or at least to minimize a back side presentation to other buildings or residential neighborhoods.
4.
Pitched roofs. Pitched roofs shall be required on single-story buildings.
5.
Flat roofs. Buildings using flat roofs with a pitch of two (2) inches vertical to twelve (12) inches horizontal or less shall incorporate detailed parapets or exaggerated cornice lines to provide architectural relief.
6.
Roof penetrations. All roof penetrations shall be placed in architecturally designed appurtenances. Small vent pipes may be painted to blend in with a roof to disguise their presence. Roof penetrations shall be shown on the final building elevation.
7.
Preliminary plans. Color schemes and design concepts, including material styles and textures, for exterior walls, trim, accents, roofs and screening shall be indicated on the preliminary development plans and shall be approved by the Planning and Zoning Commission.
8.
Final plans. Colors and materials of all exteriors, including walls, trim, accents, roofs, screening, etc., shall be indicated on the final development plans and shall be approved by the Board of Aldermen following recommendation by the Planning and Zoning Commission.
9.
Roof top units. All roof-mounted equipment shall be screened entirely from view, utilizing screens of a height equal to the height of the roof top units.
10.
Ground equipment. Ground-mounted equipment shall be totally screened from view by landscaping or masonry wall up to the height of the units to be screened or forty-eight (48) inches, whichever is greater.
11.
Trash enclosures. Each trash enclosure shall be constructed of materials compatible with the building with a steel gate painted to be compatible with the color of the enclosure and building it is to serve. Wood or chain link enclosures shall not be permitted to satisfy this requirement.
Section 400.550 Corner Visibility.
[Ord. No. 700 §1, 9-26-2007]
On corner lots, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above curb grade within the triangular area formed by an imaginary line that follows street pavement edges and a line connecting them twenty-five (25) feet from the point of intersection. This sight triangle standard may be increased by the Planning and Zoning Commission with a recommendation from the City Engineer, when deemed necessary for traffic safety.
Section 400.560 Underground Utilities.
[Ord. No. 700 §1, 9-26-2007]
All newly constructed, modified or upgraded lines for telephone, electrical, television and other services distributed by conduit, wire or cable shall be placed underground. The provision shall not be construed to prohibit the construction of above ground or surface equipment associated with an underground distribution system such as, but not limited to, surface-mounted transformers, power terminal pedestals, meters and meter boxes, concealed wires, street lights and street light poles.