Ledgeview City Zoning Code
ARTICLE IV
General Provisions
§ 135-9 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters within the Town of Ledgeview.
§ 135-10 Existing ordinances.
A.
Restrictions or requirements with respect to buildings or land, or both, which appear in other ordinances of the Town of Ledgeview or are established by federal, state or county laws and which are greater than those set forth herein shall take precedence over those herein. Otherwise, the provisions shall apply.
§ 135-11 Building and use restrictions.
[Amended 1-21-2020 by Ord. No. 2020-01; 5-4-2020 by Ord. No. 2020-04; 5-17-2022 by Ord. No. 2022-10; 9-20-2022 by Ord. No. 2022-24; 10-18-2022 by Ord. No. 2022-31; 3-21-2023 by Ord. No. 2023-04; 12-19-2023 by Ord. No. 2023-012; 5-6-2024 by Ord. No. 2024-009; 5-5-2025 by Ord. No. 2025-009]
A.
The use of buildings hereafter erected, enlarged, converted, structurally altered, rebuilt or moved, and existing land shall be used only for purposes as specified in this chapter. Furthermore, land and building uses shall be in compliance with the regulations as established herein for each district.
B.
All principal structures shall be located on a lot; and only one principal structure shall be located, erected or moved onto a lot within the R-1 and R-2 Zones, with the exception of approved planned unit developments.
C.
Principal structures, and anything attached to them, located in an R-1, R-2, or RR Zone shall not contain standard plain concrete or cinder block as an exterior facade material. Exterior facades shall be materials that are compatible with surrounding principal residential structures. Acceptable materials include vinyl, aluminum or wood siding, brick, sandstone, or other natural stone materials. Materials such as corrugated metal siding, decorative split-faced block and other materials not mentioned must be approved by the Zoning Administrator or designee. Decisions can be appealed and approved by the Zoning and Planning Committee.
D.
All residential roofs must have a roof style/pitch that matches the architectural style of the structure.
E.
The square footage of garages that are attached to principal structures located in an R-1, R-2, or RR Zone shall not exceed the square footage of the first-floor footprint of the living area of the principal structure. The roof height of the garage shall not exceed the roof height over the living area of the principal area.
F.
Permitted uses, permitted accessory uses and conditional uses are limited to the uses indicated for the respective zone district.
G.
Accessory buildings shall not occupy more than 30% of the rear yard. These restrictions shall apply in all districts, except as provided for in Subsection G(1) through (5) below:
(1)
The regulations of this Subsection G shall not apply to accessory buildings located in the AG-FP Farmland Preservation District or A-2 Agriculture District if said accessory building is used as a part of an agricultural operation located on a minimum farm site of 10 acres.
(2)
Accessory buildings. In the R-1, R-2 and R-R Rural Residential Districts and the A-2 Agricultural District not used for an agricultural operation, the maximum size and number of residential accessory buildings permitted on parcels shall vary depending on parcel size, as follows:
Parcel Size (acres) | Maximum Total Square Feet Allowed per Parcel | Number of Accessory Buildings Permitted per Parcel1 |
|---|---|---|
0.99 or less | 900 | 1 |
1.00 to 1.49 | 1,200 | 1 |
1.50 or more | 2.0% of the total parcel area to a maximum of 4,000 square feet | 2 |
NOTE: | |
|---|---|
1 | In addition to a garden or tool shed not to exceed 100 square feet. |
(a)
Location. All residential accessory buildings shall comply with the setbacks of the zoning district in which the property is located. In addition:
[1]
Garden or tool sheds must be located to the rear of the front line of the principal structure and set back a minimum of three feet from side and rear property lines.
[2]
Residential viewshed established. Residential accessory structures shall not be located in the primary residential viewshed or secondary residential viewshed as defined in § 135-8.
 |
 |
 |
[3]
Size restriction based on setback distance. Residential accessory structures with a setback of less than 100 feet from the public right-of-way shall not exceed 625 square feet in size. Such structures with a setback more than 100 feet from the public right-of-way but located in front of the leading edge of the residence shall not exceed 1,200 square feet in size.
(b)
Materials.
[1]
The accessory building shall be constructed of materials which are substantially similar to those used in the principal structure with respect to texture, color and general appearance.
[2]
Garden or tool sheds are encouraged to use materials that are similar to the principal structure, but alternative materials can be used if approved by the Zoning Administrator.
(3)
(Reserved)
H.
Detached accessory buildings or structures shall be located no closer than 10 feet to any other accessory or principal structure.
I.
No lot area shall be reduced so that the yards and open spaces shall be smaller than is required by this chapter. If the lot area is less than the minimum number of square feet required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied if it meets the other district requirements of this chapter and any other applicable state or local regulations.
J.
The existing lawful use of a building or premises at the time of the enactment of this chapter or any amendment thereto may be continued, although such use does not conform with the provisions of this chapter for the district in which it is located, but such nonconforming use shall not be extended nor shall such building or structure be altered or enlarged, except as provided for in Subsection M.
K.
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.
L.
If a nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located. Existing farming operations shall be exempt from these restrictions.
M.
Present uses of principal or accessory buildings, signs and premises may be continued even though they do not conform to the regulations of this chapter. The ordinary maintenance, repair, renovation, or remodeling of a nonconforming structure is allowed with the issuance of an appropriate permit. However, structural repairs or alterations of such buildings, signs or premises which require the issuance of a permit shall not exceed 33% of the structural members of the existing roof, walls or foundation. The expansion of a nonconforming structure may not exceed 50% of the enclosed building area and may not increase the nonconformity without the approval of a variance by the Board, unless a building, sign or premises conforming to these regulations of this chapter result. Nonconforming buildings and structures that are damaged or destroyed by a natural event, including but not limited to violent wind, vandalism, fire, flood, ice, snow, mold, or infestation, may be reconstructed, provided that:
(1)
The use of the building or structure which is nonconforming as to this chapter was not discontinued for a period of 12 months or more;
(2)
The repair and reconstruction are limited to that part of the structure and its specific improvements which are actually damaged or destroyed by a natural event and similar building materials shall be utilized;
(3)
The owner has the burden to establish that the damage or destruction was to a nonconforming structure or a part thereof was actually caused by a natural event and to establish the specific extent to which the damage or reconstruction occurred for the structural or part thereof that has actually been damaged or destroyed shall be reconstructed to the size, including the footprint and total square footage, location, and use, that it had immediately before the damage or destruction occurred subject to Subsection M(6);
(4)
The owner shall bear the burden as to the size, location, and use of a damaged or destroyed nonconforming, structure or part thereof immediately before the damage or the destruction;
(5)
The size of the nonconforming structure can be larger than the size it was immediately before the damage or destruction is necessary to comply with applicable local, state or federal requirement.
(6)
Repair and reconstruction shall be in compliance with all other provisions of applicable ordinances; and
(7)
Damage was not due to an intentional act of the owner or his or her agent.
N.
Radio and television transmitting and receiving antennas, as well as dish antennas, shall be allowed within the lot area not required for the building setback area in all zones and on the roof of a building in all business and industrial zones.
O.
Satellite dish antennas larger than three feet in diameter are not allowed on the roof of a building in any residential or agricultural zone. However, radio and television transmitting and receiving antennas are allowed on roofs in these zones.
P.
Site plan/development and design standards.
(1)
Introduction. This subsection is designed to provide for the future growth and development of those multifamily residences, businesses and industries that seek an aesthetically attractive working environment. The intent and purpose of this subsection is to promote and maintain desirable economic development within the Town PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, LI Light Industrial District, HI Heavy Industrial District, R-2 Residential District, and R-3 Multiple-Family District that is practical, feasible and an asset to owners, neighbors and the Town of Ledgeview while maintaining an attractive environment.
(2)
Objectives. The purpose of this subsection is to establish rules, regulations, standards and procedures for approval of all new development proposals and the expansion of existing businesses and industries and two-family and multifamily development in order to:
(a)
Provide for safe, efficient vehicular and pedestrian circulation.
(b)
Provide for screening, landscaping, signage, lighting and green space.
(c)
Ensure efficient, safe and attractive land development.
(d)
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements and minimal adverse effect on adjacent properties.
(e)
Develop proper safeguards to minimize the impact on the environment.
(f)
Ensure the provision of adequate water supply, drainage and stormwater management, sanitary facilities and other utilities and surveys.
(g)
Encourage modern and unique innovative design, construction, technology and planning methods.
(h)
Advance and promote sound growth and continuous development within the Town.
(3)
Land use/zoning. This subsection applies to the following zoning districts: PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, LI Light Industrial District, HI Heavy Industrial District, R-2 Residential District, and R-3 Multiple-Family District.
(4)
Standard requirements. The interpretation and application of this subsection shall be held as minimum requirements for the promotion of the public health, safety and welfare.
(a)
No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this subsection.
(b)
Where permitted and prohibited uses, site and landscape regulations, building design criteria, off-street parking and loading requirements and other regulations contained herein are either more or less restrictive than comparable conditions imposed by provisions of any other law, ordinance, rule, resolution or regulation, the requirements that are more restrictive or which impose a higher standard shall govern.
(c)
Vision corners are required in all districts. The vision corner will be defined as follows: beginning at the corner property line and proceeding 35 feet along both property lines, thence connecting these two points diagonally.
(5)
Administration. The administration of this subsection shall be vested in the following: Town Board.
(a)
It shall be the duty of the Town Board or designated individual to be in charge of the day-to-day administration and interpretation of the development and design standards. Enforcement of these standards is charged to the Ledgeview Building Inspector in accordance with § 62.23(7), Wis Stats.
(b)
All proposed site plans shall be forwarded to the following Town departments: Town Clerk, Zoning Administrator, Building Inspector, Fire Department, Public Works and Site Review/Zoning and Planning Committee. Each department shall review each plan and make recommendations to approve, approve with conditions or reject said plan to the Site Review/Zoning and Planning Committee within 45 days of submittal. These departments shall be responsive to applicants and their possible time constraints and shall expedite the review process to the extent possible and forward to the Town Board for final approval.
(c)
From time to time the design criteria may be amended, changed or deleted. Such action shall originate before the Site Review/Zoning and Planning Committee and be reviewed and approved by the Town Board in accordance with § 62.23(7), Wis Stats.
(d)
Change of use or occupancy of building or structure must be reviewed and approved by the Site Review/Zoning and Planning Committee and Town Board.
(e)
Appeals. Unless otherwise provided herein, appeals to the requirements contained in these standards shall be heard by the Board of Appeals.
(6)
General building and performance standards.
(a)
Purpose. The purpose of this subsection is to establish general development performance standards in accordance with the Town of Ledgeview Zoning Ordinance. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community.
(b)
Building. The Town of Ledgeview's overall approach encourages a variety of architectural styles. However, basic harmony is intended to prevail so that no one structure detracts from the attractiveness of the overall environment. The Site Review/Zoning and Planning Committee and the Town Board shall review building design in order to insure architectural compatibility and integrity.
(c)
Building exterior: PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, LI Light Industrial District, HI Heavy Industrial District and R-3 Multiple-Family District. Colors, materials, finishes and building form shall be coordinated in a consistent manner on the front, side and rear exterior walls. Materials shall be one of the following (color and texture to be approved):
[1]
Hard burned clay brick.
[2]
Concrete masonry. Units shall be those generally described by the National Concrete Masonry Association as "customized architectural concrete masonry units" or shall be broken faced brick-type units with marble aggregate or split face or broke off concrete block. There shall be no exposed concrete block on the exterior of any building facing any public road. Any concrete units that have a gray cement color shall be color coated.
[3]
Concrete may be poured in place, tilt-up or precast. Poured in place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finishes shall be coated. Precast units which are not uniform in color shall be color coated. Coating shall be an approved cementations or epoxy type with a ten-year minimum life expectancy.
[4]
Natural stone.
[5]
Glass curtain walls.
[6]
Metal siding or insulated architectural panels may be used only in combination with one of the approved materials and with approval of the Site Review/Zoning and Planning Committee. Metal siding may be utilized only on the side and rear building walls that do not face an adjacent street. Any metal siding proposed for use shall be entirely coated with a colorfast, abrasion- and corrosion-resistant, long-life (minimum of 20 years) finish that is resistant to chemicals, withstands temperature extremes and has a low permeability. Any material utilized to attach the metal siding to the building shall be concealed or the utilization of shadow panels or semiconcealed fastener panels with fasteners painted to match required. Color and texture to be approved. Samples shall be provided upon request.
[7]
The following districts require materials listed in Subsection P(6)(c)[1] through [5] above, in minimum percentages listed below:
District | Percentage |
|---|---|
PDD-Planned Development District | 75% |
PDD-BP Planned Development District-Business Park | 80% |
I-1 Institutional District | 75% |
B-1 Business District | 75% |
B-2 Business District | 60% |
LI Light Industrial District | 50% |
HI Heavy Industrial District | 50% |
R-3 Multiple-Family District | 80% |
R-2 Residential District | 20% |
NOTES: | |
1. | All districts listed above shall require footings and foundations to support a structural wall above. |
2. | A lock box shall be located on the exterior of the structure in the most accessible site for Fire Department personnel, except for development in the R-2 District.[1] |
[8]
More or less stringent building exterior requirements than outlined in Subsection P(16)(c)[7] may be imposed by the Zoning and Planning Committee or the Town Board, taking into consideration public interests such as coordinating a consistent appearance and quality of construction with adjacent structures, alternative building materials, the use and size of the proposed structure, the topography of the site and the proximity of the structure to public rights-of-way and visibility from adjacent properties.
(d)
Front building wall and building walls facing an adjacent street.
[1]
Any exterior building wall (front, side or rear) facing an adjacent street in all the districts in which design review is required shall be constructed of not less than 50% of one of the materials listed under Subsection P(6)(c)[1] through [5], unless otherwise approved by the Zoning and Planning Committee under Subsection P(6)(c)[8]. All alterations are subject to prior approval of the Site Review/Zoning and Planning Committee/Town Board.
[2]
The colors, materials and finishes shall be coordinated in a consistent manner with other buildings within the district.
[3]
Mechanical equipment. All mechanical equipment shall be enclosed or screened. Roof-mounted equipment shall be integrated into the design of the structure, enclosed or screened to the extent possible.
[4]
Construction. Construction shall commence within one year of plan approval or in accordance with a development agreement with the Town. No site plan approval by the Site Review/Zoning and Planning Committee shall be valid for more than 12 months from the date of such approval unless a building permit is obtained and development in accordance with such site plan is commenced within such period. The provisions of this subsection shall apply unless otherwise agreed to by the Site Review/Zoning and Planning Committee.
[5]
Maintenance. The exterior walls and roof of buildings shall be maintained in a clean, orderly and attractive condition; free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked, cracked, chipped, damaged or otherwise deteriorated shall be replaced, refinished, repaired or repainted in accordance with the reasonable determination and order of the Building Inspector within 60 days' notice of such defect. Violations are subject to fines in accordance with Town of Ledgeview Code § 135-233A, § 778.11, Wis. Stats., or through issuance of a citation and prosecution in the Municipal Court.
[6]
No right to divide property. After a site has been purchased, it shall not be further divided without the review and consent of the Site Review/Zoning and Planning Committee with final approval by the Town Board.
(8)
Lighting standards: in all districts requiring site plan review. To provide for the basic needs of safety and security, appropriate lighting shall be provided in order to delineate roads, drives, parking areas, pedestrian ways, buildings and other organizational points. Lighting shall be an integral part of the overall architectural design; therefore, proposed lighting, whether freestanding or building-mounted, shall complement the architectural character of the principal use. Lighting design shall correlate energy conservation with aesthetic, architectural and safety factors.
(a)
Any lighting used to illuminate off-street parking, loading and service areas shall be shaded, diffused or arranged to reflect light away from adjacent parcels and public streets. Glare, whether direct or reflected, as differentiated from general illuminated, shall not be visible beyond the limits of the site from which it originates. Parking lot lights may be used in either a single or multi-format. Characteristics, 27,000 lumen high pressure sodium/metal halide, spaced approximately 100 feet to 120 feet off center, consisting of sharp, cutoff-type luminaries. Maximum height for pole not to exceed 30 feet; to be an approved metal pole. The use of wooden poles is prohibited.
(b)
Walkway lighting should be of the same family as mentioned above, height to be 10 feet to 14 feet above grade. Bollard lighting can be used as low-level walkway illumination on private property.
(c)
Building lighting should occur as part of the overall design concept using recessed lighting in overhangs and at the entrance. Well-designed soft lighting of the building exterior is allowed, provided it does not impact on the surrounding properties, complements the architecture and the light source is concealed.
(d)
The use of floodlights, building-mounted or otherwise, and tall freeway-type fixtures is prohibited unless approved by the Site Review/Zoning and Planning Committee.
(e)
Flag directional lighting is permitted with approval of Site Review/Zoning and Planning Committee.
(9)
Site plan.
(a)
Procedure.The following procedure shall be followed for the submittal of site plans. Where procedures and requirements imposed by this section of this chapter are either more restrictive or less restrictive than comparable procedures and requirements imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or impose higher standards or requirements shall govern.
[1]
Preliminary consultation. Prior to the submittal of a site plan, it is recommended that the developer meet with the Town Clerk, Zoning Administrator, Building Inspector and/or other appropriate Town staff to discuss zoning district, site plan and landscaping plan requirements. Such meeting should occur prior to any extensive outlay of funds on the part of the developer since it is intended to identify potential problems and methods to alleviate them and to encourage a cooperative effort between the developer/owner and the Town.
[2]
Plan submittal. All site plans requiring approval by the Site Review/Zoning and Planning Committee shall be submitted to the Town 10 working days prior to the first Monday of the month in a digital and hardcopy format according to Town policy. All plans shall contain the following information:
[a]
Name of project/development.
[b]
Location of project/development by street address or CSM.
[c]
Name and mailing address of developer/owner.
[d]
Name and mailing address of engineer/architect.
[e]
North point indicator.
[f]
Scale.
[g]
Boundary lines of property, with dimensions.
[h]
Location identification and dimensions of existing and proposed:
[i]
Topographic contours at a minimum interval of two feet and key spot elevations.
[ii]
Adjacent street elevations, street rights-of-way and proposed elevation of ground floor.
[iii]
Locations and dimensions of fire lanes.
[v]
All buildings and structures, existing and proposed, to consider maximum development of the parcel if more than one structure could be located on the parcel.
[vi]
Parking facilities.
[vii]
Water bodies and wetlands.
[viii]
Surface water holding ponds, drainage ditches and drainage patterns; location and size of culverts.
[ix]
Sidewalks, walkways and driveways.
[x]
Off-street loading areas and docks.
[xi]
Fences and retaining walls.
[xii]
All exterior signs.
[xiii]
Exterior refuse collection areas must be enclosed a minimum of three sides; open side cannot face road or must be gated and must be located in rear of structure. R-3 Multiple-Family Districts exterior refuse collection areas must be approved by the Site Review/Zoning and Planning Committee.
[xiv]
Exterior lighting.
[xv]
Traffic flow on and off site.
[i]
Location of open space/green space.
[k]
Location and dimensions of proposed outdoor display areas.
[m]
Erosion control plans.
[n]
A staging plan of any project involving more than one phase of construction season which sets forth the chronological order of construction and relates to the proposed uses and structures of various service facilities and estimated completion dates.
[o]
Other information considered pertinent by Site Review/Zoning and Planning Committee and/or the developers/owners.
[3]
Review.
[a]
Site Review/Zoning and Planning Committee. Site plans shall be forwarded to the Town Clerk 10 working days prior to the first Monday of the month. The Site Review/Zoning and Planning Committee shall review and either approve, conditionally approve or deny approval of the site plan based upon the appropriate zoning district requirements and the criteria set forth in Subsection P(9)(a)[2] above.
(10)
Landscaping.
(a)
General statement. The Town of Ledgeview finds that is in the public interest for all developments to provide landscape improvements for the purposes of complementing the natural environment; improving the general appearance of the Town and enhancing its aesthetic appeal; preserving the economic base; improving quality of life; delineating and separating use areas; increasing the safety, efficiency and aesthetics of use areas and open space; screening and enhancing privacy; mitigating the diverse impact of climate; conserving energy; abating erosion and stabilizing slopes; deadening sound; and preserving the quality of our air and water.
(b)
Landscape plan. All applicants for building permits for PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, LI Light Industrial District, HI Heavy Industrial District and R-3 Multiple-Family District shall submit a landscape plan, prepared pursuant to Subsection P(10)(c) below, for review and approval as required herein prior to the request for a building permit. Where procedures and requirements imposed by this section of this chapter are either more restrictive or less restrictive than comparable procedures and requirements imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or impose higher standards or requirements shall govern.
(c)
Procedure. The following procedure shall be followed for the submittal of landscape plans:
[1]
Preliminary consultation. Prior to the submittal of a landscape plan, it is recommended that the developer/owner meet with the Town Clerk, Building Inspector and/or other appropriate Town staff to discuss zoning district, site plan and landscaping plan requirements. Such meeting should occur prior to any extensive outlay of funds on the part of the developer since it is intended to identify potential problems and methods to alleviate them and to encourage a cooperative effort between the developer/owner and the Town.
[2]
Plan submittal. Landscape plans require approval by the Site Review/Zoning and Planning Committee and shall be submitted in accordance with Town policy for building site and operations plans. All plans shall be contain the following information:
[3]
Reviews. Review of landscape plans shall be conducted concurrently and follow the same procedure as site plan review.
(d)
Specific requirements.
[1]
Ground cover. Open space areas shall, at a minimum, be seeded six months after completion of building. The following exceptions may be granted by Town Staff during the review process:
[a]
The use of mulch material for shrubs and foundation plantings;
[b]
The seeding of future expansion areas delineated on site plan;
[c]
Areas maintained in a natural state that are undisturbed during construction; or
[d]
Other landscape elements such as decks, patios, stepping stones or landscape stones may be incorporated therein.
[2]
Minimum size of plantings. Required vegetation shall be of the following minimum planting size. Plantings must be 17 feet from the property line equally spaced one tree every 50 feet of road frontage (minimum of two trees).
[a]
Deciduous trees: one per every 50 feet of road frontage is required. Required size: one-and-one-half-inch diameter as measured six inches above ground. Choice of maple, ash or a species approved by the Site Review/Zoning and Planning Committee.
[b]
Coniferous trees: one per every 5,000 square feet of parcel area is required. Required size: Seven feet in height at the time of planting. Evergreen shrubs used for screening purposes, including those used in conjunction with berms, shall be a minimum of 24 inches in height.
[3]
Species.
[a]
All trees used in site development shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.
[b]
All plant material shall conform to American Standards for Nursery Stock, latest edition, sponsored by the American Association of Nurserymen, Inc. All vegetation shall be planted in accordance with accepted planting procedures.
[c]
All proposed vegetation included in the landscape plan shall be reviewed by the Site Review/Zoning and Planning Committee to assure compliance with the requirements contained herein.
[4]
Implementation/replacement.
[a]
All approved landscaping is to be installed in accordance with compliance timetable.
[b]
Any vegetation included on an approved landscape plan that dies shall be replaced by the owner/developer within one planting season. Vegetation replaced shall conform to the approved landscape plan and the requirements contained herein.
[5]
Maintenance. It shall be the joint responsibility of the owner and/or lessee of the principal use, uses or building to maintain in a neat and adequate manner all landscaping materials, vegetation, screening and fences contained in the approved landscape and site plans.
[6]
Compliance timetable. All landscape plans shall include a timetable for construction, installation or planting within a period not to exceed two years from the date of commencement of construction. Any person who is, or has been, required to landscape any part of a zoning lot and who has not complied with that requirement shall, within 60 days of receipt of written notice from the Zoning Administrator/Building Inspector that a violation of this chapter exists, comply with all requirements.
(e)
District requirements. Development within the Town shall meet the following minimum requirements:
[3]
PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, LI Light Industrial District and HI Heavy Industrial District shall contain at a minimum:
[4]
Buffers. That portion of any business, industrial or multiple-family district (other than duplex construction) that is abutting property zoned for single-family residential development shall have a landscaped area of at least six feet wide extending the full length of the business, industrial or multiple-family district and meeting the following minimum requirements.
[a]
One tree per 35 lineal feet, or fraction thereof, of lot line bordering single-family districts.
[b]
A shrub, border, hedge, wall, fence, earthen berm or other durable landscape barrier, or combination thereof, at least four feet high, but not exceeding eight feet high, which is 90% impervious to sight placed along the perimeter of such landscaped strip except in the front yard setback.
[c]
When a berm or plantings, or a combination thereof, is used as a buffer, it may exceed eight feet in height only upon approval of the Site Review/Zoning and Planning Committee.
[d]
If a berm or buffer is erected, provisions shall be made for stormwater runoff. A detail plan is required with submittal.
Q.
Off-street parking requirements: PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, LI Light Industrial District, HI Heavy Industrial District and R-3 Multiple-Family District.
(1)
Location. All parking spaces required to serve employees and visitors of buildings erected or established after the effective date of this plan shall be located on the same zoning lot as the building or use served. Off-street parking areas may be located in the front of the buildings in any district, with a minimum of 25 feet green space from the property line.
(2)
Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the building, structure or use times the number of floors, minus 10%, except as may hereinafter be provided or modified.
(3)
Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed (defined as 50% or more of the structure being damaged) by accidental destruction, acts of God, or otherwise, it may be reestablished if elsewhere permitted in these regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained and expanded as necessary to comply with the standards herein.
(4)
Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings, including additions thereto, requiring more parking shall not be permitted until there is furnished such additional parking spaces as required by these regulations.
(5)
Parking dimensions and requirements. Parking dimensions and requirements shall conform to the requirements as set forth in Article XXI, Off-Street Parking Requirements.
(6)
Signs. Signing shall be regulated as set forth in Article XX, Regulation of Signs.
NOTE: At least 80% of the total required parking shall be for full-sized vehicles and 4%, or not less than two spaces, shall be for handicap spaces. |
(7)
Within structures. The off-street parking requirements may be furnished by providing spaces so designed within the principal building or structure attached thereto; however, unless provisions are made, no building permit shall be used to convert said parking structure into another activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter.
(8)
Circulation between bays. Parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street. Parking area design which requires backing into the public street is prohibited.
(9)
Driveway requirements. Notwithstanding other provisions of this chapter concerning appeals and review of plans submitted hereunder, permits for and review of driveway approaches shall be as provided:
(a)
All off-street parking spaces shall have access from driveways and not directly from the public street.
(b)
Driveway access curb opening on a public street shall not be located less then 12 feet from each other, and maximum 40 feet in width.
(c)
The number and locations of curb cuts shall be as determined by the Building Inspector upon consultation with the Site Review/Zoning and Planning Committee, taking into consideration traffic flow, safety concerns and the needs of the business.
(d)
Joint driveways are encouraged and require appropriate Town staff approval, maximum 50 feet in width.
(10)
Drainage. All sites must have stormwater management plans, including adequate parking and drainage.
(11)
Surfacing.
(a)
PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, and R-3 Multiple-Family District.. All areas intended to be utilized for parking space and driveways shall be surfaced with bituminous asphalt or concrete and are to be installed within one year of completion of construction. Plans for surfacing and drainage of driveways and parking areas for five or more vehicles shall be submitted.
(b)
LI Light Industrial District and HI Heavy Industrial District industrial districts. In areas intended to be utilized for parking space and driveways, up to 20 feet beyond the rear of the buildings are to be surfaced with bituminous asphalt or concrete. Non-hard-surfaced areas are to be approved by the Site Review/Zoning and Planning Committee.
(c)
Fire lanes. In all districts, fire lanes must be 25 feet in width and shall be surfaced with bituminous asphalt or concrete.
(12)
Striping. All parking stalls shall be marked with painted lines not less than four inches wide.
(13)
Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property and directed downward, abutting residential uses and public rights-of-way.
(14)
Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot.
(15)
Curbing. All off-street parking shall have a perimeter concrete curb and gutter around the entire parking lot unless the site plan shows that runoff from the parking lots will not cause erosion or adversely affect adjacent properties.
(16)
Parking lot landscaping. To avoid the undesirable monotony, heat and wind associated with large parking lots, such lots shall have a minimum of one internal landscaped island delineator in addition to any required traffic safety island for each 21,780 square feet (1/2 acre) or fraction thereof of off-street parking space; such islands shall be a minimum of 360 square feet (two parking spaces) and shall be bounded by concrete curbing. Trees may be installed in approved traffic safety islands used to delineate parking spaces from driving aisles and in other areas. The internal landscaped island(s) required above may be deleted if the aggregate area and trees of individual traffic islands meets or exceeds the above requirement.
(17)
Parking lot screening. The parking or storage of licensed motor vehicles, if not within an enclosed building structure, shall be effectively screened as defined.
(18)
Planting standards. All plant material shall conform to the specifications and procedures stated in the landscape plan requirements section of these standards. Landscaping, except required grass or ground cover, shall not be located closer than six feet from the edge of any driveway pavement or within the established right-of-way and must maintain a ten-foot clearance at curbside.
(19)
Maintenance. It shall be the joint and severable responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner the parking space, accessways, striping, landscaping, screening and required fences.
(20)
Use of required area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods or storage of inoperable vehicles without approval of the Site Review/Zoning and Planning Commission.
R.
Off-street loading requirements: PDD, PDD-BP, I-1 Institutional District, B-1 Business District, B-2 Business District, LI Light Industrial District and HI Heavy Industrial District.
(1)
Minimum facilities. All warehousing, manufacturing plants or any other building where large amounts of goods are received or shipped shall provide adequate loading and unloading berths as determined by the Site Review/Zoning and Planning Committee.
(2)
Location.
(a)
All required loading berths shall be off-street and located on the same lot as the building or use to be served.
(b)
Loading berths shall not occupy the front yard.
(c)
Loading berths located at the side of buildings on a corner lot shall observe the following requirements.
(d)
Each loading berth shall be located with appropriate means of vehicular access to a street in a manner which will cause the least interference with traffic.
(3)
Size. A required off-street loading berth shall be at least 55 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.
(4)
Surfacing. All areas intended to be utilized for off-street loading shall be surfaced with bituminous asphalt or concrete. Any non-hard-surfaced areas are to be reviewed and approved by the Site Review/Zoning and Planning Committee.
(5)
Utilization. Space allocated to any off-street loading shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities.
(6)
Change of use. Where a change of use in off-street loading facilities is made necessary due to damage, destruction, increased use or any other change of use, such change shall be approved by the Site Review/Zoning and Planning Committee.
S.
Outdoor storage. Outdoor storage of any material other than licensed motor vehicles is prohibited. Storage of materials, equipment, parts, inventory, etc., shall take place in enclosed structures that meet the general building and performance requirements contained herein. Upon approval by the Site Review/Zoning and Planning Committee, a 90% impervious fence may be used under certain circumstances. Outdoor storage of licensed motor vehicles condition is allowed, provided such outdoor parking (storage) areas are screened pursuant to the definition of screening contained in the definitions section.
T.
Utilities. Any new development requiring Town approval under this chapter, including but not limited to rezoning or conditional use permit approval and which includes installation of any new utility service to the property on which the new development is located, shall install all utilities underground. Exceptions may be granted by variance under § 135-248.
U.
Animal unit calculations.
(1)
General provisions.
(a)
No livestock will be allowed on lots or parcels of less than 1.99 acres in the Town of Ledgeview, except chickens as outlined in Subsection V.
(b)
These provisions shall apply to all parcels of land zoned RR and AG2 in the Town of Ledgeview. The keeping of livestock within other zoning districts except AG-FP or A-2 is hereby prohibited. Parcels of land zoned AG-FP are exempt from this subsection and shall be regulated as outlined in Article X: AG-FP Farmland Preservation District.
(c)
Parcels or lots within districts zoned RR or A-2 having a larger number of livestock at the time of adoption of this subsection may continue to maintain that number of animal units, provided that no expansion of the facility shall be permitted.
(2)
Calculation.
(a)
To determine the number of permitted animal units per lot or parcel, property owners shall multiply the total number of acres owned less 1.99 acres times the appropriate livestock multiplier[2] to determine the total number of allowable animal units.
(b)
For young livestock after one year of age, livestock must be in strict compliance with the equivalency calculations.
(c)
All lands under identical ownership which are contiguous, as defined in the Town of Ledgeview Code of Ordinances, may be included in the total acreage calculation for the purposes of this section.
(d)
The total number of livestock permitted is cumulative regardless of the species of the livestock.
(3)
Examples.
(a)
Owner of residence located on four acres would like horses:
4.00 | acres |
- 1.99 | acres |
= 2.01 | acres |
2.01 | acres |
x 1.000 | horse multiplier |
= 2 horses |
(b)
Residence located on four acres would like alpacas:
4.00 | acres |
- 1.99 | acres |
= 2.01 | acres |
2.01 | acres |
x 10.00 | alpaca multiplier |
= 20 alpacas |
(c)
Residence located on four acres would like both horses and alpacas:
4.00 | acres |
- 1.99 | acres |
= 2.01 | acres |
1 | acre for horse (1 acre x 1.000 horse multiplier = 1 horse) |
1.01 | acres remaining for alpacas (1.01 acres x 10.000 sheep multiplier = 10 alpacas) |
(4)
For the purposes of this calculation, less than 0.50 livestock shall be rounded down to the next nearest whole number and 0.50 or greater shall be rounded up the next whole number.
(5)
A conditional use permit shall be required for any excess livestock as calculated herein.
(6)
Livestock multiplier table.
Type of Livestock | Multiplier | Equivalency (units) |
|---|---|---|
Dairy Cattle | ||
Milking and dry cows | 0.714 | 1.400 |
Heifers (800 to 1,200 pounds) | 0.909 | 1.100 |
Heifers (400 to 800 pounds) | 1.667 | 0.600 |
Calves (under 400 pounds) | 5.000 | 0.200 |
Beef Cattle | ||
Steers or cows (600 pounds to market) | 1.000 | 1.000 |
Calves (under 600 pounds) | 2.000 | 0.500 |
Bulls | 0.714 | 1.400 |
Swine | ||
Pigs (55 pounds to market) | 2.500 | 0.400 |
Pigs (up to 55 pounds) | 10.000 | 0.100 |
Sows | 2.500 | 0.400 |
Boars | 2.000 | 0.500 |
Sheep (llama, alpaca, goat) | ||
Per animal | 10.000 | 0.100 |
Horses | ||
Per animal | 1.000 | 1.000 |
Ducks | ||
Per bird (wet lot) | 5.000 | 0.200 |
Per bird (dry lot) | 100.000 | 0.010 |
Chickens | ||
Layers | 100.000 | 0.010 |
Broilers | 200.000 | 0.005 |
Broilers (continuous overflow watering) | 100.000 | 0.010 |
Layers or broilers (liquid manure system) | 30.000 | 0.033 |
Turkeys | ||
Per bird | 56.000 | 0.018 |
V.
Keeping of chickens on residential property.
(1)
Applicability. Properties less than 1.99 acres in total land area shall be permitted to keep chickens on their property in accordance with this subsection and the following:
(a)
The property is zoned R-1 Residential District or R-R Rural Residential District.
(b)
The property upon which the fowl are kept shall have established a principal single-family use conforming to the zoning district.
(c)
The word "keep" shall mean either the owning, keeping, possessing or harboring of a chicken.
(2)
Permit required.
(a)
Any person who keeps chickens on land in the Town which the person owns, occupies, or controls shall obtain a permit issued by the Clerk-Administrator. The permit is valid for a calendar year (January 1 through December 31). Only one permit per zoned parcel is allowed.
(b)
Permit applications submitted by a person other than a record title owner of the property upon which chickens will be kept shall provide written consent of the property owner with the permit application.
(c)
(d)
The Town shall provide written notification to all adjacent property owners of the permit to keep chickens.
(3)
Number. The keeping of up to four hens (female Gallus gallus domesticus) is allowed. The keeping of roosters of all types and guinea hens is prohibited.
(4)
Coop. A covered coop or shelter shall be provided for the keeping of all chickens. Coops may be mobile to be relocated on the property. The coop shall comply with the regulations outlined in § 7-5, Keeping of fowl, and the location requirement outlined in Subsection V(6) below. A building permit for the coop shall be required.
(5)
Enclosure or chicken run. Chickens shall not be allowed to free range. All chickens shall be contained within a fenced enclosure area or chicken run that is contiguous with the coop.
(6)
Location. The required covered coop and the fenced enclosure area shall comply with the setback requirements for a principal structure as prescribed for the zoning district in which it is located. No coop shall be located between the principal structure and the public right-of-way.
(7)
Public health requirements.
(a)
Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans.
(b)
Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Health Department.
(c)
The Health Officer may order testing, quarantine, isolation, vaccination or humane euthanasia of ill chickens or chickens believed to be a carrier of a communicable disease. The owner of the chicken shall be responsible for all costs associated with the procedures ordered hereunder.
(8)
Slaughtering. No chickens may be slaughtered on properties zoned or within the boundaries of the Town unless such slaughtering activity occurs on property zoned agricultural.
(9)
Sale of eggs and baby chicks. No person may offer to sell eggs or chicks accumulated from the activities permitted by this subsection.
(10)
Fee. The Town Board may by ordinance or resolution establish reasonable fees for the administration costs associated with monitoring and enforcing these regulations or for licensing for the keeping of hens.
(11)
Violations. Violations of the requirements in this subsection may result in nuisance enforcement by the Town Zoning Inspector. Revocation of the permit may occur if there are three or more violations within a calendar year period. Enforcement related to the keeping of chickens using the following process:
(a)
The Town received and records a written complaint.
(b)
The Code Enforcement Officer investigates the complaint.
(c)
If there is determined to be a violation, the Zoning Inspector contacts the permit owner of the violation, outlines his or her responsibility to correct the violations, and specifies the date to complete the corrections. If the Zoning Inspector cannot contact the owner, the Zoning Inspector will send the permit owner a written "notice of violation" with information regarding the violation, his or her responsibility to correct the violations, and a date to complete.
(d)
The Zoning Inspector revisits the site to check on compliance.
(e)
If the violation is not corrected or it is the third recorded violation in a calendar year, the Zoning Inspector forwards the violation to the Town Board for revocation of the permit.
W.
Home occupation.
(1)
Regulations for home occupation:
(a)
The use shall be conducted entirely within a dwelling and carried on by the inhabitants hereof and no others.
(b)
The use shall be clearly incidental and secondary to the use of the residence for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds or vibrations that carry beyond the premises.
[1]
There shall be no display of products visible in any manner from the outside of the dwelling.
[2]
No advertising display signs shall be permitted.
[3]
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property.
(c)
No storage of goods, materials or products connected with a home occupation shall be allowed in accessory buildings, detached garages or outside of the dwelling.
(d)
The area set aside for home occupations shall not exceed 20% of the total floor area of such residence.
(e)
A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located, and there shall be no deliveries to or from a home occupation with a vehicle larger than a 26,000-pound GVW truck.
(f)
The use shall not require additional off-street parking spaces for clients or customers of the home occupation.
(g)
No home occupation shall cause an increase in the use of any one or more public utilities (water, sewer, electricity and garbage collection) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.
(h)
Direct sales of products on display shelves or racks are not allowed, but a person may pick up an order placed earlier, although delivery of that item to the buyer should occur off the premises whenever possible.
(i)
No motor power other than electrically operated motors shall be used in connection with a home occupation.
(2)
Sale of personal property. Notwithstanding any provision contained herein to the contrary, garage, basement, yard, consignment, or other similar sales shall not be allowed more than four times each year, one per quarter, and each sale shall not last more than 72 consecutive hours.
X.
Automobile fueling stations, service stations, and convenience stores (including automotive repair facilities and fueling stations with automotive repair facilities).
(1)
Purpose. The purpose of this subsection is to regulate the development of fueling stations, service stations, and convenience stores to ensure that the design and operation of such uses effectively mitigate associated problems with traffic, congestion, excessive pavement and lighting, litter, hazardous materials, and noise.
(3)
Location and separation requirements. Fueling stations shall be separated by a minimum of 500 feet, except that a maximum of two fueling stations are permitted at any single intersection. Separation distance shall be measured in a straight line from the property line of said fueling stations. Where two fueling stations are located at a single intersection, the Town encourages fueling stations to be sited in such a manner as to serve different flows of traffic. The Town may waive the spacing requirements for infill sites or locations affected by roadway widening or other infrastructure improvements.
(4)
Development and operational standards.
(a)
The development standards in this section are intended to supplement the standards in the underlying zoning district for fueling station uses. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply. Fueling station uses shall also comply with all applicable state and federal regulations regarding site design, pricing signs, containment, maintenance, and operations.
(b)
Lot coverage.
[1]
Buildings. Maximum lot coverage fo ra service station or convince store (including attached or detached car wash) is 20% of the total lot area.
[2]
Canopy. No more than 15% of the total lot area shall be covered by a canopy.
[3]
Greenspace or permeable surface. Twenty-five percent of the total lot area shall remain green space.
(5)
Vehicle access/circulation. The intent of the specific access and circulation standards below is to ensure safe and convenient internal circulation and access to and from the site, while minimizing the negative visual impact of multiple curb cuts, discontinuous landscape, and excessive pavement.
(a)
All fueling station developments shall have direct access to an arterial street which is a federal, state, or county designated highway, except where it is part of a nonresidential development where access is provided by a parallel access road or reverse frontage road where nonresidential uses will be on both sides of the street.
(b)
No more than two exterior points of access (driveways along abutting streets) shall be provided for each fueling station, regardless of the length of street frontage. Accesses, or curb cuts, shall not exceed 35 feet in width. Within integrated developments, shared access driveways are preferred.
(c)
The internal circulation system shall allow for vehicle stacking without blocking site ingress or egress. The pump island shall be situated to provide stacking space for a minimum of two vehicles behind the vehicle parked at the pump closest to the entrance and/or exit driveway. The Town may consider deviations from this requirement through the design review process.
(6)
Pedestrian access to building. A minimum of one continuous four-foot-wide internal pedestrian walkway shall be provided from the perimeter public sidewalk of each abutting street to the nearest entrance to the building. Internal pedestrian walkways shall be distinguished from driving surfaces through the use of sidewalks, special pavers, bricks, scored/stamped concrete, or high-visibility pavement parking.
(7)
Building orientation. Buildings shall be placed close to the street and oriented to the public view.
(8)
Building design. The building shall be designed for architectural compatibility with the surrounding area. The buildings shall use the same architectural materials on all sides of the building. All such buildings shall be constructed of brick masonry, split face concrete block, or stone. Additionally, all convenience stores abutting residential uses and zoning districts shall have pitched roofs matching the roof lines of adjoining residential structures.
(9)
Pump islands and canopy design.
(a)
Canopies over public islands.
[1]
Obstruction of visibility at rights-of-way prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.
[2]
Canopy fascia shall match the color and texture of the primary building. Canopy roofs shall be architecturally consistent with the main building. Canopy clearance:
[a]
Covering islands with a combination of unleaded, diesel, kerosene, or compressed natural gas fuel pumps. The maximum height of the canopy clearance shall be 15 feet and the maximum width of the canopy fascia shall be 30 inches.
[b]
Covering islands with dedicated (only) diesel fuel or compressed natural gas fuel pumps. The maximum height of the canopy clearance shall be 18 feet and the maximum width of the canopy fascia shall be 30 inches.
[3]
The columns of the canopy structure shall be clad with brick, block, or stone to match the building, and the cladding shall extend to a minimum height of 12 feet as measured from grade.
(b)
Pump islands.
[1]
Shall be located a minimum of 20 feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may be constructed to within five feet of a street side property line.
[2]
A minimum of 25 feet separation from pump island to pump island or pump island to any structure.
[3]
A minimum of 30 feet from the pump island to the end of the parking stalls.
(10)
Signs. All signs, except window signs, shall be constructed and maintained within a permanent sign structure. Except as provided below, signs are subject to compliance with the provisions of Chapter 79, Signs.
(a)
Canopy signs. Signs or distinctive emblems may be considered for the canopy. Canopy signage shall be permitted on no more than two sides of the canopy fascia. Signage must be location on the fascia facing a public roadway.
(b)
Motor fuel pricing signs. Signage for advertising the price of fuel shall be integrated into the freestanding sign. Motor fuel pricing signage may be electronic in nature, and shall not count against the maximum size electronic message sign as permitted in Chapter 79, Signs.
(c)
Prohibited signs. The following signs are hereby prohibited:
[1]
Any sign that would directly face a residential structure.
[2]
Any sign which, or any part of which, is in motion by any means, including fluttering or rotating, or other signs set in motion by movement of the atmosphere. This includes decorative flags, pennants, whirling objects, banners, or other entity(ies) attached to strings or lines.
[3]
Inflatable advertising devices or signs.
[4]
Changeable copy and portable trailer signs, either fixed or moveable except gas prices consistent with state and/or federal regulations and practice of the industry.
[5]
Banners or placards which are temporary signs or devices of paper, fabric, plastic, or other flexible materials and are suspended by wires or poles to advertise a special event (except as may be permitted for temporary signs by Chapter 79, Signs).
[6]
A sign on a motor vehicle or trailer parked on public or private property so as to be seen from the public right-of-way for more than three consecutive hours, which has attached thereto or located thereon any sign for the purpose of advertising a product or directing people to a business activity.
[7]
Exposed neon or similarly appearing signage.
(11)
Parking. In addition to the off-street vehicle parking provisions in Chapter 135, Article XXI, the following standards apply to fueling station uses:
(a)
Customer and employee parking shall not be utilized for vehicle repair, finishing work or storage of vehicles. No vehicle which is waiting for service, or which has been serviced, shall be parked on site for a period of longer than 72 hours.
(b)
No vehicle shall be parked on the premises for the purpose of offering it for sale.
(12)
Lighting. In addition to the lighting provisions of § 135-18.1, the recommendations outlined in the "Lighting Handbook, 10th Edition" developed and published by the Illuminating Engineering Society (IES) shall apply.
(a)
Site. Pole heights including the bases shall not exceed 15 feet in height. Lighting bases shall not be exposed more than one foot above grade. Proposed fixtures must be Dark Sky compliant, and cut-sheets must be provided to confirm. Lighting levels on the site shall not exceed 15 footcandles, and the maximum lighting level permitted at the property line is 0.5 footcandle.
(b)
Building. Lighting levels around the foundation of the building and under the soffits shall not exceed 10 footcandles.
(c)
Canopy. Canopy lighting shall be recessed so that the luminaire does not extend below the surface of the underside of the canopy. Lighting levels for fuel pumps under the canopy shall not exceed 20 footcandles.
(13)
Landscaping. To provide adequate screening for the large expanses of pavement associated with fueling station use, a minimum of 15% of the site shall be landscaped, concentrated at the perimeter of the site.
(a)
Street frontage landscaping shall be a minimum of 10 feet in width with intermittent berms to mitigate sight lines. Side property line landscaping shall be a minimum of five feet in width. Parking lot islands shall be landscaped. Islands shall be landscaped with trees, shrubs, and/or ground cover.
(b)
Planter areas adjacent to the building shall be provided.
(14)
Protective bollards or similar. The use of bollards to protect buildings, pump islands, canopies, or other improvements on the site shall be at the sole discretion of the Zoning and Planning Commission and the Town Board as part of the conditional use permit approval. The use of large or permanent planters in front of the building primary entrance shall be strongly encouraged.
(15)
Outdoor display of materials or merchandise. The outdoor storage or display of merchandise shall be permitted only within five feet of the foundation of the principal building on the site. Outdoor storage and display of merchandise shall include, but not be limited to, ice storage or vending boxes, vending machines, and/or propane tanks and or other flammable materials.
(16)
Concrete curb and gutter required. Concrete curb and gutter shall be required throughout all off-street parking, drive, and loading areas of the development.
(17)
Noise.
(a)
Outdoor speakers. All outdoor speakers and video/audio pump stations and sound signals associated with the service stations shall be turned off daily between the hours of 10:00 p.m. and 7:00 a.m.
(b)
Car wash air dryers. For car wash facilities that use forced air dryers, the maximum permitted sound level shall not exceed 67 decibels as measured at any point of the boundary or property line of the site on which the facility is located.
(18)
Hours of operation. Hours of operation shall be established by the Town Board following recommendation by the Zoning and Planning Commission.
(19)
Accessory uses (such as food establishments or financial institutions). Food establishment and financial institution uses may be permitted as an accessory use if such uses do not occupy more than 25% of the floor area of the principal structure and is housed completely within the principal structure. The Town may impose hours of operation for the accessory uses different from the hours of operation of the principal use.
(20)
Other requirements. Any other requirements and/or conditions deemed appropriate by the Zoning and Planning Commission and/or Town Board to ensure the health, safety, and welfare of the community.
§ 135-12 Lot size and street abutment.
§ 135-13 Height regulations.
A.
Except as otherwise provided in this chapter, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the district in which such building is located.
B.
Accessory farm buildings, belfries, chimneys, cooling towers, elevator bulkheads, fire towers, monuments, silos, scenery lofts, tanks, water towers, ornamental towers, spires, wireless television or broadcasting towers, masts or aerials, telephone, telegraph and power transmission poles and lines, microwave radio relay structures and necessary mechanical appurtenances are hereby exempted from the height regulations of this chapter.
C.
Churches, schools and other public and quasi-public buildings may be erected to a height not exceeding 60 feet nor five stories, provided that the front, side and rear yards required in the district in which such a building or structure is to be located are each increased at least one foot for each foot of additional height above the height limit otherwise established for the district in which such building or structure is to be located.
§ 135-14 Front, side and rear yards.
A.
No front yard shall be used for open storage of boats, vehicles or any other equipment.
B.
Where a residential lot has an area less than the minimum number of square feet per family as required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied by one family, subject to the setback, rear yard and side yard regulations for the district in which it is located.
C.
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or any other open space required for another building.
D.
Attached garages, decks or other structures which are part of the main building or are substantially attached thereto shall meet the side yard and rear yard setback requirements within each zoning district for the principal structure.
E.
Every part of a required setback shall be open to the sky unobstructed, except for the ordinary projections including, but not limited to, sills, overhangs, cornices and ornamental features projecting not more than two feet. Setbacks are established from the property line to the closest foundation or structural surface including, but not limited to, decks, fireplaces, windows or steps. If a larger overhang is required, the setback area must be recalculated to accommodate the additional width of the overhang.
§ 135-15 Fences.
A.
Purpose. The purpose of this section is to regulate the materials, height and maintenance of fencing, landscaping walls, visual screening and decorative posts, herein referred to as "fence," and to impose fencing requirements in order to protect the public health, safety and welfare by preventing the creation of nuisances and safety hazards and to protect property values and aesthetics in the Town of Ledgeview.
[Amended 5-6-2024 by Ord. No. 2024-005]
B.
Applicability. The permit requirements of this section apply to all fences, which shall include any physical barrier enclosing or partially enclosing any property or portion thereof constructed of wood, stone, plastic, brick, metal, or other similar materials or any combination thereof. This section does not apply to underground pet containment systems.
C.
Permit required. No person shall construct, erect, extend, modify or otherwise install any fence within the Town of Ledgeview without first obtaining a fence permit from the Zoning Administrator. No permit shall be required for minor maintenance activities such as painting or repair work unless any elements anchoring the fence to the ground are being moved, removed or replaced or there is a change in materials, construction or appearance of the fence.
[Amended 5-17-2022 by Ord. No. 2022-10]
D.
Permit application.
[Amended 5-17-2022 by Ord. No. 2022-10; 5-6-2024 by Ord. No. 2024-005]
(1)
Applications for a permit shall contain the following information:
(a)
A site plan of the property depicting the current improvements, any public or private right-of-way or easements, utilities, including but not limited to fire hydrants, stormwater or drainage management facilities and easements and the proposed fence locations with dimensions from property boundaries.
(b)
A plat of survey identifying all property markers, lines, building and structure footprints, and the proposed location of the fence. This plat of survey must indicate fence location/setback from all property lines as well as linear feet of fence sections.
(c)
A pictorial representation of a typical fence section and any substantially dissimilar sections or access points.
(d)
The maximum height above original grade and length of the proposed fence.
(e)
Any additional information requested by the Zoning Administrator reasonably necessary to further the purposes of this section.
E.
General requirements.
(1)
Materials.
(a)
Walls and fences shall be constructed of high-quality materials and of good appearance, such as decorative blocks, brick, stone, treated wood, redwood, cedar, vinyl, wrought iron or similar materials.
(b)
Galvanized steel chain-link fencing or vinyl-coated chain-link fencing may be used. This type of fencing shall not be used in the front yard or past the front setback of the home.
(c)
Agricultural mesh fencing and poles may be used for the protection of gardens, trees, shrubs and other plants that may be endangered by animals.
(d)
No person shall use rope, string, wire products, including but not limited to chicken wire, hog wire, wire fabric, barbed wire (except as allowed in other sections of this Code), razor ribbon wire, field wire, barbless wire, agricultural mesh, and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, plywood, fiberglass panels or plastic panels in any fence or any other materials that are not manufactured specifically as fencing materials. The Zoning Administrator may require the applicant to provide the manufacturer's standards to establish the intended use of a proposed fencing material.
[Amended 5-17-2022 by Ord. No. 2022-10]
(e)
No person shall construct a fence of wood, metal or plastic products that are designed specifically for uses other than fence construction.
(f)
No person shall construct a fence of used, damaged or unsafe materials.
(g)
No person in residential zones shall weave or use slats of any material, including but not limited to metal, fiberglass, or bamboo, through a chain-link fence to create a blind fence, screening fence or any other type of fence addressed in this chapter.
(h)
Used materials, equipment and devices shall not be reused unless it can be determined by the Zoning Administrator that they meet the requirements of the Building Code for new materials.
[Amended 5-17-2022 by Ord. No. 2022-10]
(i)
No person shall place, erect, install, build, construct, add as a repair item, use and/or maintain any fence or barrier consisting of, or made of what is commonly known as, railroad ties, blocking lumber, pallets, or similar materials.
(j)
No agricultural-style metal fence posts shall be exposed to view, except in an agricultural district; no snow fence materials shall be used for permanent fencing and no single or double strands of wire shall be used for a temporary or permanent fence.
(2)
Rapid entry/Knox-Box®. In all districts except R-1, a Knox-Box® may be required by the Building Inspector and/or Fire Department at access points as outlined in Chapter 49.
[Amended 5-6-2024 by Ord. No. 2024-005]
(3)
Location.
[Amended 9-20-2022 by Ord. No. 2022-25; 5-6-2024 by Ord. No. 2024-005]
(a)
All fences shall be located upon the owner's property and/or up to the property line. Encroachment on any easement will require approval from the easement beneficiary.
(b)
No fence located in a front yard or yard abutting any street shall be located closer than two feet from the property line.
(c)
Fences shall not be constructed in any way that could impair ingress or egress from any building, including emergency egress from window openings.
(d)
Vision corner. Fences shall not be erected in a location or manner that could constitute a traffic hazard, including, but not limited to, the area established by drawing a line across the corner of the property at a public road intersection from the two points along the adjacent public road right-of-way boundaries 25 feet from the corner of said boundaries.
(4)
Height.
[Amended 9-20-2022 by Ord. No. 2022-25; 5-6-2024 by Ord. No. 2024-005]
(a)
The fence height shall be measured from the average grade surface directly vertical to the top of the highest portion of the fence panel at any location along the fencing. If a fence is placed atop an earthen berm, the height of the fence shall be measured from the original grade or the berm as determined by § 135-15.1A(5).
(b)
Fence posts and pillars which are separated by four feet or more and support posts for gates may not extend higher than 12 inches above the top of the fence panels. Fence posts and pillars which are separated by less than four feet are to be considered part of the fence panels and are subject to the height restriction of six feet for privacy fences.
(c)
Privacy fences erected in front yards shall not exceed three feet in height.
(d)
Privacy fences erected in side yards adjacent to any public street shall not exceed four feet in height unless the fence is located no closer than the leading edge of the principal structure.
(5)
Construction and maintenance.
[Amended 5-6-2024 by Ord. No. 2024-005]
(6)
Drainage.
[Added 5-6-2024 by Ord. No. 2024-005]
(a)
No fence shall impede the normal drainage of the property it is placed on or any neighboring property.
(b)
Opaque fence panels of any type must be elevated from grade by a minimum of three inches to ensure proper drainage.
(c)
Fence panels that are transparent and where water can run through are not required to be raised above grade.
F.
Required fencing.
(3)
Mechanical equipment screening. Except for residential and agricultural uses, all outdoor mechanical equipment, whether ground-mounted or roof-mounted, including, but not limited to, air-conditioning and ventilation equipment, shall be screened from public view. Screening shall be of sufficient height and opacity to screen such equipment from public view. Materials shall be consistent with or complementary to the surrounding facade and overall building appearance.
(4)
Salvage yards. Salvage yards shall be completely enclosed by a solid opaque wall or fence and solid access gates at a height not greater than eight feet.
(5)
Outdoor storage, dumpster and garbage screening.
(a)
All premises or areas, except residential and agricultural uses within the R-1, R-2, RR, A-1 and A-2 Districts, used for outdoor storage of materials, including, but not limited to, bulk storage, inoperable vehicles, automobile parts, scrap metal, lumber, and building materials and any garbage cans, dumpsters or other permitted outdoor refuse collection and storage shall be completely enclosed by a fence not less than six feet nor more than eight feet in height to screen such areas from ordinary public view. Such fence shall be 90% opaque.
(b)
No materials or refuse stored may protrude above the top of the fence.
(c)
All screening required under this subsection, except those located in the Heavy Industrial District, shall be required to be constructed of materials of a similar or complementary texture, color and style as any principal structure located on the premises.
(d)
Visual screening for outdoor storage, not including incidental garbage collection storage, may be accomplished through the use of earth berms, plantings or combination thereof. Fencing may be required, however, if the nature of the storage suggests fencing is necessary for public safety.
(6)
Outdoor alcohol-licensed premises.
[Amended 3-7-2022 by Ord. No. 2022-02]
(a)
All outdoor areas included in the liquor license for a premises under Chapter 5 of the Town of Ledgeview Code shall be enclosed by a fence or other measures intended to provide control over the operations of the beer garden. All required fencing shall be constructed a minimum of five feet from the property line, with a minimum height of four feet and a maximum height of six feet.
(b)
Areas subject to temporary/special event alcohol licenses shall install temporary fencing 48 inches or greater to surround the entire outdoor licensed area. All openings for ingress and egress shall be monitored to ensure underage persons are not permitted to enter except as authorized by § 125.07, Wis. Stats.
G.
Security fences.
(1)
All fences erected as security fences require the approval of the Town Board. The Town Board may disapprove a permit for security fencing if the proposed fence fails to comply with any applicable provision of this section or any other applicable ordinance, statute, rule or regulation. The Town Board may also disapprove a permit for security fencing if the proposed design or materials are inconsistent with the character of the property or surrounding area.
[Amended 9-20-2022 by Ord. No. 2022-25]
(2)
Security fences shall not exceed eight feet in height.
H.
Prohibited fences:
(1)
Electric fences, unless erected for agricultural use where the agricultural use is allowed.
(2)
Barbed or razor wire fences, unless erected for agricultural use where the agricultural use is allowed or for industrial use in an industrial district. Barbed or razor wire for industrial use shall be permitted only above six feet above the grade and shall not extend beyond the outer face of the fence.
(3)
Fences with dangerous protrusions, including, but not limited to, spikes, nails, or broken glass, attached or embedded in any part of the fence.
(4)
Fences constructed contrary to this section.
I.
Fences exempt from permit requirement. The following fences, under the conditions set forth herein, may be erected without issuance of a permit. All fences shall comply with all other requirements of this chapter. A permit may still be required under other ordinances.
(1)
Temporary snow fences erected to restrict windblown snow. Such fences shall not be erected prior to November 15 and must be removed by April 15.
(2)
Temporary construction fences for erosion control, site protection or protection of plantings. Such fences shall be maintained for no longer than 180 days or, if for erosion control, until the soil is stabilized.
(4)
Fencing required for the keeping of chickens on residential property under § 135-11V, provided that the height does not exceed four feet and the total ground area does not exceed 100 square feet.
(5)
Agricultural fences used to provide enclosure for agricultural animals or fields located in districts where agricultural uses are allowed and not greater than 40% opaque.
(6)
Underground pet containment systems.
(7)
Earth mounds and berms, no higher than 12 inches above original grade level, used for decorative purposes only and not part to a fence design.
(8)
Decorative fences not exceeding two feet in height.
§ 135-15.1 Earthen berms.
A.
General.
(1)
Permit required. A zoning permit, to be issued by the Town Zoning Administrator, shall be required for all berms or changes in topography regardless of zoning district, uses, or application.
[Amended 5-17-2022 by Ord. No. 2022-10]
(2)
Review and approval.
[Amended 5-17-2022 by Ord. No. 2022-10]
(a)
Completeness. Within 10 business days of the receipt of a permit application, the Zoning Administrator shall inform the applicant of its completeness or the need for additional information.
(b)
Evaluation. All permits for an earthen berm shall be reviewed by the Zoning Administrator, Public Works Director, and Town Engineer. Written findings shall be provided to indicate compliance or noncompliance of the application with the requirements outlined herein.
(c)
Decision. Within 30 business days of the receipt of a complete permit application, unless action by the Zoning and Planning Commission and/or Town Board is required, the Zoning Administrator shall inform the applicant in writing whether the permit is approved or disapproved.
(3)
Plans and attachments.
(a)
Name, address and telephone number of the applicant, and location of building, structure, or lot where the berm is to be constructed.
(b)
Name of person, firm, corporation, or business that is constructing or altering the berm.
(c)
Written consent of the owner or lessee of the land upon which the berm is proposed to be located.
(d)
Site plan depicting berm location, property lines, setbacks, proposed and existing grade contours, any related drainage facilities, and any existing easements on the subject property.
(e)
Proposed type of fill material and cover material.
(f)
Landscaping plan including grasses or ground cover, shrubbery, and tree types specifying the spacing and size of all plantings.
(g)
Proposed schedule for all phases of work.
(h)
Additional information that may be unique to the property, as required by Town staff.
[Amended 5-17-2022 by Ord. No. 2022-10]
(4)
Design.
(a)
Berms shall be designed and landscaped to minimize erosion with a rounded crown at the highest point of the berm, extending the length of the berm.
(b)
Berm slopes shall be protected with sod, seed, shrubs or other form of natural ground cover. Berms adjacent to public rights-of-way shall be a slope no greater than 3:1, unless approved by the Town Engineer.
(c)
Trees should not be planted at the very top of a berm. Rather, they should be planted on the slope side of a berm.
(d)
Berms should be designed carefully to blend in with the surrounding environment. The gradient on berms should fluctuate in order to repeat characteristics found in nature.
(5)
Height.
(a)
Maximum allowed. The height of a berm shall not exceed six feet unless otherwise specified in this section.
(b)
How measured. The vertical height shall be measured from an average of the existing ground grade along both sides of the berm to the top or crown of the proposed berm.
(c)
Fencing atop a berm. Fencing shall not be placed on a berm unless approved by the Zoning and Planning Commission. Where a berm is constructed and/or grading is done solely to increase the effective height of a fence, the fence's height shall be measured from the ground elevation prior to the change in topography.
(6)
Location.
(a)
Berms shall not be located within any existing or future public road right-of-way, utility easements or drainage easements.
(b)
A berm may straddle a lot line if a landscape easement is recorded and attached as a deed restriction to the properties, including an owner's agreement and easement to be provided to the Town prior to issuance of any permit.
(7)
Grading and drainage.
(a)
Berms shall not be permitted to adversely alter stormwater drainage patterns to neighboring property owners. The Zoning Administrator and/or Town Engineer may require engineering reports, including information required under Chapter 36 of the Ledgeview Code of Ordinances, in order to assess runoff and stormwater impacts.
[Amended 5-17-2022 by Ord. No. 2022-10]
(8)
Inspection.
(a)
Berms shall be inspected by the Building Inspector, Department of Public Works staff or Town Engineer. If berm development or berm activities are being carried out without a permit, Town personnel shall enter the land pursuant to the provisions of §§ 66.122 and 66.123, Wis. Stats.[1]
[Amended 5-17-2022 by Ord. No. 2022-10]
[1]
Editor's Note: Section 66.122 was renumbered as § 66.0119 and amended by 1999 Act 150, §§ 287 to 290, effective 1-1-2001; § 66.123 was renumbered in part and repealed in part by 1999 Act 150, §§ 291, 292, effective 1-1-2001.
(b)
It is the responsibility of the property owner to exhibit that the berm has been constructed in accordance with the approved permit, which may necessitate documentation from a registered land surveyor or professional engineer.
(9)
Fees. A fee, established by the Town Board, may be required for permits and review by Town personnel and/or the Zoning and Planning Commission.
C.
Screening for nonresidential, multifamily residential, and institutional/conservancy properties.
(1)
Applicability. This subsection shall apply to properties with a commercial, industrial, multifamily residential, and institutional/conservancy use or zoning, except where they abut a property zoned or used for single- or two-family residential.
(2)
Height. A maximum height of eight feet is permitted by right. A height up to 10 feet may be permitted if approved by the Zoning and Planning Commission and Town Board.
D.
Screening between residential and nonresidential land uses.
(1)
Applicability. That portion of any business, industrial, institutional, conservancy or multiple-family district (other than duplex construction) that is abutting property zoned or used for single-family residential development.
(2)
Height. Earthen berms used as screening in transitional yards shall have a minimum height of four feet. Such berm shall not exceed 10 feet in height unless approved by the Zoning and Planning Commission and Town Board.
E.
Screening along Interstate 43 or railroad right-of-way.
(1)
Applicability. This section shall apply to any property, regardless of zoning district, which directly abuts the right-of-way for Interstate 43 or a railroad.
(2)
Location. A berm constructed to buffer noise, light and related impacts associated with the interstate or railroad must be located adjacent and parallel to the right-of-way.
(3)
Height. Earthen berms used as screening in transitional yards shall have a maximum height of 12 feet unless otherwise approved by the Zoning and Planning Commission and Town Board.
§ 135-16 Swimming pools, hot tubs and spas.
A.
Every outdoor swimming pool, hot tub or spa, herein referred to as "pool," having a depth of 18 inches or more, shall be surrounded by a barrier no less than 48 inches in height above grade to restrict unauthorized access. No barrier shall be required if the pool is equipped with a safety cover complying with ASTM F1346 which is closed when not in use.
B.
Permit required. No person shall construct, erect, extend, modify or otherwise install any pool and its required barrier within the Town of Ledgeview without first obtaining a permit from the Zoning Administrator. Any pool in existence on the date this chapter becomes effective shall, within 30 days from the effective date, enclose the pool with a barrier meeting the requirements of this chapter.
[Amended 5-17-2022 by Ord. No. 2022-10]
C.
Location.
[Added 10-18-2022 by Ord. No. 2022-31[1]]
D.
Pools shall be considered structures and meet all related requirements in the districts in which they are located.
[Amended 10-18-2022 by Ord. No. 2022-31]
E.
Any structure installed related to a pool, including but not limited to decks and stairs, shall meet the relevant Wisconsin codes and not obstruct the minimum barrier requirements.
F.
The required barrier height may be accomplished by including the sidewall height above grade of an aboveground pool and properly installed pool manufacturer-approved enclosure extensions as needed. Pool access shall meet the requirements of § 135-16H.
G.
The required barrier surrounding a pool is permitted to include permanent fences and permanent structures meeting the minimum requirements, including but not limited to dwellings, garages and accessory buildings.
H.
The required barrier surrounding the pool shall be so constructed as not to have openings, holes or gaps that allow a four-inch-diameter object to pass through.
I.
All entry points into the barrier shall have gates or doors equipped with self-closing and self-latching devices placed a minimum of 50 inches above the finished grade unless otherwise constructed to be automatically inaccessible to small children. Doorways leading from a dwelling or accessory building to the enclosed area are exempt from this requirement.
J.
No pool or the associated equipment, including but not limited to motors, pumps and lighting, shall be located, designed, operated or maintained so as to interfere unduly with adjoining property owner's enjoyment of their property or the neighborhood. All pool motors and pumps shall be located to minimize noise disturbance.
K.
Lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises. Lights shall not create illuminations brighter than 0.5 footcandle on adjoining properties measured at ground level.
L.
It shall be unlawful for any person to make, continue or cause to be made or continued at any pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a pool, the use, or permitting the use or operation, of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the pool premises, shall be unlawful.
§ 135-17 Storage of semitrailers and truck bodies.
Semitrailers and truck bodies shall only be allowed to be stored in the open in a Heavy Industrial District or in an A-1 District on parcels 35 acres or greater, then only as a conditional use.
§ 135-18 Sexually oriented adult entertainment establishments.
A. SEXUALLY ORIENTED ADULT ENTERTAINMENT ESTABLISHMENTS(1) (2) (3) (4) (5) (6) (a) (b) (c) (7) (8) (9) (a) (b) (c) (10) SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
Includes bookstores, motion-picture theaters, mini motion-picture theaters, bath houses, motel, modeling studios, body painting studios, cabarets and novelty shops; and are more specifically defined as:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock and trade in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)A parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
ADULT BATH HOUSEAn establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin, and which establishment provides to its patrons an opportunity for engaging in specified sexual activities, as defined in this chapter.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MODELING STUDIOAn establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
ADULT BODY PAINTING STUDIOAn establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this chapter, the adult body painting studio shall not be deemed to include a tattoo parlor.
An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers.
Any adult cabaret, as defined above, which features such entertainment on a periodic and infrequent basis is considered an adult entertainment establishment only during those times when the adult entertainment is being presented or the entertainers are on the premises; and all provisions of this chapter shall apply during those presentations. The establishment shall notify the Brown County Sheriff's Department at least 24 hours prior to the date on which such adult entertainment is to take place.
Any periodic adult establishment, as defined above, shall be licensed yearly in accordance with the licensing provision hereinafter set forth.
ADULT NOVELTY SHOPAn establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities, as defined herein, or simulating such activity.
B.
General standards. Sexually oriented adult entertainment establishments (hereinafter "adult establishments") shall locate only in areas zoned Heavy Industrial (HI), and then only as a conditional use. Such application for conditional use may only be granted if the following requirements are met:
(1)
No more than one adult establishment shall be located on any one parcel, and such adult establishment shall be at least 1,500 feet from any other adult establishment. Further, no adult establishment shall be permitted within 1,000 feet of the following:
(a)
Any land zoned residential (R-1, R-1-2A, R-2, R-3, R-R).
(b)
A historic site identified on the National Register, or as an adopted historic district by this chapter.
(c)
Any public or private elementary or secondary school or licensed nursery school or day-care center.
(d)
A church or established place of worship.
(e)
A public park or parkway.
(2)
Signs advertising any of the aforementioned adult uses shall be in accordance with Article XX, Regulation of Signs, with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises, and with the further exception that signs will inform only of the establishment name and address and will not depict specified sexual activities and/or specified anatomical areas as defined in this chapter, and provided further that there shall be no flashing or traveling lights located outside the building. The location and wording of such sign shall be shown on the site plan required by this chapter and submitted contemporaneously with the request for conditional use.
(3)
Adequate parking shall be provided in a lighted area in accordance with Article XXI, Off-Street Parking Requirements. Such parking provisions shall be shown on the site plan required by Town ordinance and submitted contemporaneously with the request for conditional use.
(4)
There shall be no display windows on the premises.
(5)
In the case of adult cabarets, the hours of operation shall be limited to the same hours of operation for bars and taverns within that community within which the district is located.
(6)
Outdoor adult motion-picture theaters are prohibited.
(7)
Prior to the granting of a conditional use permit, an inventory of the surrounding area and population shall be made by the Town Zoning and Planning Committee along with a study of the proposed development and plans for the area.
(8)
All adult establishments shall be licensed in accordance with this section pertaining to the licensing of sexually oriented adult entertainment establishments.
§ 135-18.1 Exterior lighting.
[Amended 12-19-2023 by Ord. No. 2023-012]
A.
Purpose. The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote safety and to prevent the creation of nuisances in all zoning districts.
B.
Applicability. The requirements of this section apply to all private exterior lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way and/or lighting located on public property.
C. FIXTURE FLAT LENSES FOOTCANDLE (fc) FOOTCANDLE HORIZONTAL MEASUREMENT (hfc) GLARE LIGHT TRESPASS LIGHTING ZONE LUMENS LUMINAIRE OUTDOOR LIGHTING SECURITY LIGHTING UNIFORMITY RATIO
Definitions. The following terms, whenever used in this section, shall have the meanings set forth below:
The assembly that houses the lamp or lamps, and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
A glass or plastic element used in luminaires that is flush or inside the bottom edge of the luminaire.
The luminance on a one-square-foot surface of which there is a uniformly distributed flux of one lumen. One footcandle is equal to one lumen per square foot. Unless otherwise expressly provided, footcandle measurements in this section shall refer to ground-level measurements of luminance at fully maintained output as used rather than initial luminance.
The measurement of footcandles utilizing a direct reading, portable light meter mounted on a horizontal position.
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
Light from an artificial light source that is intruding across property boundaries.
Introduced by the International Commission on Illumination (CIE) in 1997 and adopted by the IES in 1999, lighting zones for the exterior environment were originally implemented to help reduce light pollution. In the years since, lighting zones have become a useful tool for designing environmentally responsible solutions and making decisions that support high-quality lighting based on the prescribed ambient lighting conditions of adjacent properties.
A unit of illumination, being the amount of illumination of a unit area of spherical surface due to a light of unit intensity placed at the center of the sphere.
A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
Includes, but is not limited to, floodlighting, security lighting, event lighting, landscape lighting or the lighting of off-street parking and loading areas, but does not include public streetlights or traffic signals.
Any light source used to illuminate a building, structure or property during the evening hours that seeks to deter criminal activity.
Describes the average level of illumination in relation to the lowest level of illumination for a given area.
D.
Exterior lighting plan required. Any and all exterior site and building lighting shall be depicted on a site plan indicating location of light fixtures and intensity of footcandles at various points on the site, catalog cuts of the proposed fixtures, and a summary table containing average footcandles, minimum footcandles, maximum footcandles, uniformity ratio (average/minimum), footcandles, at the property line, pole height, and base height. Once the plan is approved, the exterior lighting of the property shall conform to the plan.
E.
Requirements.
(1)
Orientation of fixture. All fixtures shall be 90° downcast. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from a property located within a residential zoning district. The use of shielded luminaires and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
(2)
Location. Light fixtures shall not be located within required buffer yards. In no case shall a lighting fixture be located closer than three feet to a property line in any district.
(3)
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists are prohibited.
(4)
Lamps, bulbs, and intensity of illumination:
(a)
Lamps or bulbs. The use of metal-halide lamps or bulbs shall be prohibited except as allowed under Subsection E(4)(e) below.
(b)
Minimum lighting standards. All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas.
(c)
Maximum allowable lighting standards. Lighting shall be provided in accordance with the standards of the Illuminating Engineering Society of North America (IESNA) Lighting Exterior Applications. Specifically, the Town of Ledgeview shall follow lighting zones LZ-2: Moderate Ambient Light, which applies to areas of human activity (i.e., habitation, recreation, and/or work) where electric lighting may be required for safety and convenience at night. Pedestrian vision within this zone is adapted to moderate light levels, and the pedestrian has a moderate expectation of electric lighting.
(d)
Exterior lighting shall be designed at or below the following average maintained footcandles at the property line:
Location | Maximum Footcandles at Property Line - Horizontal Measurement |
|---|---|
Residential to residential | Horizontal fc: 0.10 |
Nonresidential to nonresidential | Horizontal fc: 2.0 |
Nonresidential to residential | Horizontal fc: 0.10 |
Intensity at adjoining right-of-way, except as noted below for automotive dealerships | Horizontal fc: 0.50 |
Intensity at adjoining major/minor arterial rights-of-way for automotive dealerships | Horizontal fc: 10.0 |
(e)
The following exceptions shall be permitted:
[1]
Outdoor recreation facilities and assembly areas. Maximum average on-site lighting of 3.60 footcandles. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
[2]
Gas station pump islands. Maximum average on-site lighting of 15.0 footcandles shall be permitted. All under-the-canopy fixtures shall be fully recessed. Only high- and low-pressure sodium vapor lamps or bulbs shall be permitted.
[3]
Auto display lots. The use of metal-halide lamps or bulbs shall be permitted to illuminate vehicles for display. The use of metal-halide lamps or bulbs shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m. The maximum average on-site lighting shall be 15.0 footcandles.
[4]
Temporary emergency lighting used by police, firefighters, and other emergency services, as well as all vehicular luminaires shall be exempt from this section.
[5]
Hazard warning lights that are required by local, county, state, or federal regulatory agencies shall be exempt from this section.
[6]
Luminaires used for public roadway illumination by a public transportation agency shall be exempt from this section.
[7]
Special events lighting. Any temporary or special events lighting which is not in compliance with the requirements of this section shall secure a temporary use permit from the Town.
(5)
Ground-mounted lighting. All ground-mounted luminaires designed or intended for purposes of illuminating buildings, signs, flagpoles, or other on-site amenities shall be completely screened with vegetative cover or other materials in order to fully shield the light source from public view.
(6)
Building lighting. All luminaires designed or intended for purposes of lighting any building on the premises shall limit, to the greatest extent possible, spillover of light into the sky. Building-mounted lighting shall be appropriately shielded to prevent glare.
(7)
Fixture heights. The maximum fixture height in the R-R, R-1, R-2, R-3, and NCD Districts and for residential uses shall be 15 feet as measured from grade. The maximum fixture height in the B-1, B-2, LI, HI, BP, and IO Districts shall be the lesser of 20 feet or the ridgeline of the building.
(8)
Fixture base. All lighting fixtures shall be located on a base not to exceed 12 inches above grade. Fixtures shall be placed within landscape islands and otherwise protected by curbing or placement outside of the parking lot.
F.
Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement may be performed on any nonconforming exterior light or fixture; provided, however, that any repair or replacement shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired or replaced. Maintenance shall include the replacing, repairing, or repainting of any portion of an exterior light or fixture, including, without limitation, the renewing of any part that has been made unusable by ordinary wear and tear, weather, or accident. The replacing or repairing of an exterior light or fixture that has been damaged shall be considered maintenance only when the damage has been caused by an act of God or violent accident.
G.
Alteration; enlargement; moving. No exterior light or fixture shall be:
(1)
Changed or altered in any manner that would create nonconformity or increase the degree of its nonconformity.
(2)
Enlarged or expanded without BSO Plan approval.
(3)
Structurally altered to prolong its useful life.
(4)
Moved in whole or in part to any other location without BSO Plan approval.
(5)
Changed to another nonconforming exterior light or fixture.
H.
Nonconforming lighting. All lighting fixtures lawfully existing prior to the effective date of this section shall be considered as legal conforming uses and grandfathered fixtures. However, the replacement or relocation of a grandfathered fixture shall result in a discontinuation of such grandfathered status, and such replacement or relocated lighting shall meet the requirements of this section. Moreover, any grandfathered fixtures that direct light toward streets or fixtures in parking lots that cause disabling glare to motorists or adjacent properties shall be shielded or redirected so that the fixtures do not cause a potential safety hazard to motorists or disrupt the use or enjoyment of adjacent properties.
§ 135-18.2 Breweries, manufacturers and rectifiers, and wineries.
[Added 10-7-2019 by Ord. No. 2019-18]
A.
Licensing.
D.
Restaurants in breweries, manufacturers and rectifiers, or wineries. The following criteria will apply to any restaurant use:
(1)
In industrial districts, the restaurant shall be limited to a maximum size of 50% of the total floor area of the facility, excluding the area devoted to the taproom, any outdoor seating area, or areas for retail sales of items other than intoxicating beverages.
§ 135-18.3 Brewpubs.
[Added 10-7-2019 by Ord. No. 2019-18]
As enabled under § 125.10 and § 125.295, Wis. Stats., brewpubs shall meet the following requirements:
A.
Licensing. A brewpub shall be licensed as outlined in § 125.295(1), Wis. Stats.
§ 135-18.4 Outdoor storage and display areas.
[Added 5-4-2020 by Ord. No. 2020-05]
A.
Outdoor storage uses and areas.
(1)
Open storage of commodities shall be permitted as an accessory use, provided that such open storage shall:
(a)
Be clearly depicted and labeled on an approved site plan, and observe all setback requirements specified for the zoning district in which the property is located.
(b)
Have a maximum height not to exceed the height of the main building.
(c)
Not exceed 20% lot coverage of the lot area which lies behind the principal structure.
(d)
Be screened from view from any street or any adjacent zoned lot, with screening surface which is 95% opaque. Screening shall consist of landscaping, walls, fencing, berms or other methods sufficient in density and height to mitigate sight lines and noise as much as practicable from adjacent properties, streets, or publicly accessible open spaces.
(e)
Surfacing.
[1]
Commercial zoning districts. All storage areas must be on a paved (asphalt or concrete) surface.
[2]
Industrial districts. The storage of manufacturing or construction equipment, raw materials, or finished products manufactured/assembled on-site may be permitted on a gravel or stone surface if approved as a conditional use by the Zoning and Planning Commission and the Town Board. This provision shall not apply to self storage/mini-warehouse facilities, general storage of materials not manufactured on the property, or parking of vehicles.
(2)
Parking or storage of commercial vehicles shall not be permitted in the front of the principal structure.
(3)
The standards referred to in Subsection A(1) above shall not apply to a commercial nursery or greenhouse
(4)
Nothing in this section shall be deemed to prohibit temporary open storage of merchandise for display and sale during a sidewalk sale as approved by the Town.
B.
Outdoor sales and display areas. This section regulates permanent outdoor sales and product display areas on commercial and industrial zoned properties. Such sales and display areas shall conform to the following requirements:
(1)
Outdoor sales and product display area shall be permitted by conditional use in accordance with Section 10-9-22.
(2)
Exterior sales and display areas shall be permitted only where clearly depicted on the approved site plan. Such demarcated areas shall not exceed 200 square feet in area. Outdoor sales or display shall be conducted only within the designated area. Such areas shall be not considered part of a required greenspace area.
(3)
Outdoor sales shall not be conducted within 50 feet of any residential zoning district unless screened from view.
(4)
All sales and display areas must be on a paved (asphalt or concrete) surface unless otherwise approved by the Zoning and Planning Commission and the Town Board.
(5)
Outdoor sales and display areas shall be maintained in an orderly manner, free of litter and other refuse.
(6)
Storage of goods for sale shall be no more than five feet in height. Outdoor sales or displays shall not obstruct access to buildings or parking spaces on the site, or to adjoining property.
C.
Automobile sales facilities. The standards referred to in Subsection A or B above, with the exception of the surfacing requirement, shall not apply to new or used automobile dealer facilities which have outdoor display of vehicles for sale. Such display of vehicles shall be permitted as an accessory use to a dealer facility which shall be approved as part of the overall approval of a site plan for an automobile facility.
§ 135-18.5 Temporary uses.
[Added 12-19-2023 by Ord. No. 2023-012]
A.
General provisions.
(1)
A zoning permit shall be required for temporary uses allowed in this chapter, except that temporary uses operated or sponsored by a governmental entity and located on a lot owned by that entity do not require a permit, but shall otherwise be subject to the requirements of this chapter.
(2)
The applicant shall submit a site plan or other suitable description to the Zoning Administrator, with any required permit fee. As a condition of permit issuance, the Zoning Administrator may require conformance with specific conditions regarding the operation of the temporary use as may be reasonably necessary to achieve the requirements of this chapter. If the Zoning Administrator finds that the applicable requirements have not been met, he may revoke the permit and may require the cessation of the temporary use. Where a permit for a temporary use has been revoked, no application for a new permit shall be approved within six months following revocation.
(3)
All temporary uses, including but not limited to those enumerated in Subsection B below, shall comply with the following requirements:
(a)
No temporary use shall be established or conducted so as to cause a threat to the public health, safety, comfort, convenience and general welfare, either on or off the premises.
(b)
Temporary uses shall be examined and approved by the Zoning Administrator, Building Inspector, Fire Chief, and Director of Public Works indicating that the proposed use, activities, building or site complies with provisions of the respective codes applicable to the use.
(c)
Temporary uses shall not obstruct required fire lanes, access to buildings or utility equipment, or egress from buildings on the lot or on adjoining property.
(d)
Temporary uses shall be conducted completely within the lot on which the use is proposed to be located, unless the Town Board authorizes the use of a Town-owned property or right-of-way.
(e)
If a zoning permit is required for a temporary use, the Zoning Administrator shall assess the number of parking spaces reasonably needed for the permanent uses on the lot where the proposed temporary use is to be located and the availability of other public and private parking facilities in the area. The Zoning Administrator may deny the permit for a temporary use if he finds that its operations will result in inadequate parking being available for permanent uses on the same lot that are not connected with the business proposing the temporary use.
B.
Permitted temporary uses.
(1)
Temporary outdoor sales. Temporary outdoor sales shall be limited to three events within one calendar year per lot. These events shall be restricted to the following time limits: one event of not more than 90 days, and two events of not more than 30 days each.
(2)
Public markets, farmers markets, and farm stands. Public markets and farmers markets shall require a special event permit. Farm stands or roadside stands shall be regulated in accordance with §§ 135-80D and 135-93D.
(3)
Outdoor arts, crafts and plant shows, exhibits and sales. Outdoor arts, crafts and plant shows, exhibits and sales conducted by a nonprofit or charitable organization shall be permitted in any nonresidential zoning district, and may be conducted for a period of not more than three consecutive days without a special event permit.
(4)
House, apartment, garage and yard sales. House, apartment, garage and yard sales are allowed in any residential district, when the offering for sale includes personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted; in addition, personal possessions of other neighborhood residents may also be offered for sale. Such uses shall be limited to a period not to exceed three consecutive days, and no more than three such sales shall be conducted from the same residence in any twelve-month period. A permit or prior approval of the Town shall not be required for such uses.
(5)
Temporary outdoor entertainment.
(a)
Commercial establishments. Temporary outdoor entertainment accessory to an existing commercial establishment may be conducted without a special event permit if the entertainment is in compliance with § 41-7, Unreasonable noise.
(b)
Community or special event. Temporary outdoor entertainment shall be permitted as part of a community festival or an event hosted by the Town, school district, other governmental body or civic organization or as a temporary accessory use to a private business use. A special event permit shall be required.
(6)
Temporary contractor and real estate trailers. Temporary contractor and real estate trailers shall be permitted in any zoning district when accessory to a construction project for which a building permit or site development permit has been issued. Such uses shall be limited to a period not to exceed the duration of the active construction phase of such project or the active selling and leasing of space in such development. No such use shall contain any sleeping or cooking accommodations, and its location shall be approved by the Zoning Administrator.
§ 135-18.6 Accessory dwelling units.
[Added 9-2-2025 by Ord. No. 2025-011]
A.
Applicability. An ADU shall be allowed in only the R-1, R-R, A-2 Zoning Districts.
C.
Construction. An ADU may be created through new construction, alteration of an existing structure, addition to an existing structure, or conversion of an existing structure to an ADU while simultaneously constructing a new principal residence on the site.
D.
Prohibited. Mobile homes, recreational vehicles, and trailers shall not be used as accessory dwelling units.
E.
Number of units. One ADU is permitted per zoning lot.
F.
Minimum lot size. Minimum size of a lot for an ADU is 60,000 square feet.
G.
Maximum ADU size.
(1)
Any detached ADU, internal or attached ADU created through new construction, internal or attached ADU created through an addition to an existing structure, or detached ADU created through the conversion of an existing structure to an ADU while simultaneously constructing a new residential building on the site shall not exceed the floor area of the principal residence.
(2)
An internal or attached ADU created through the altering of an existing structure shall be limited to not more than one level of the existing structure (i.e., a basement, story, or half story).
H.
Building lot coverage: The maximum lot coverage of all structures on the zoning lot shall be that of the underlying zoning district. For a detached ADU, § 135-11G shall also apply.
I.
Location on a lot.
(1)
In Relation to the Public Right-Of-Way. No accessory dwelling units shall be located closer to the public or private roadway than the leading edge of the primary structure.
(3)
Fire Department accessibility. Location of the ADU shall be approved by the Fire Department for adequate accessibility.
J.
Maximum height.
(1)
For an attached or internal ADU, the maximum height shall be that of the underlying zoning district.
(2)
For a detached ADU the regulations in § 135-11G(2)(c) shall apply.
K.
Off-street parking.
(1)
A minimum of one off-street parking space is required for the ADU. In addition to the required parking for the principal residence.
(2)
Parking on a hard surface such as asphalt or concrete shall be required.
(3)
Parking shall not be located in front of the residence except on a driveway in accordance with § 135-204.
(4)
Parking shall not be located within five feet of the side lot line.
M.
ADU design standards.
(1)
Entrances: Only one pedestrian entrance to the structure may be located on the front facing facade of the principal building.
(2)
Exterior Stairs: Any exterior stairs to serve as the primary entrance to an attached or internal ADU within the principal building shall be located on the interior side or rear of the principal building.
(3)
Appearance and Materials. Accessory dwelling units shall be similar in character to the primary structure and to abutting properties including roof pitch, eaves, building materials, windows, trim, color, and landscaping. The regulations in § 135-11G(2)(b) shall apply.
(4)
Landscaping. Detached ADUs shall provide a landscape plan for the foundation of the unit.
N.
Utilities. An ADU must be served by electricity, water, sanitary sewer, and gas services. Water service is to be provided through the principal structure. Sewer is to be provided through principal structure or connected to existing parcel lateral prior to the right of way. A separate lateral connection in the ROW will not be permitted. Services shall be approved by the Public Works Director and Building Inspector with the building permit.
O.
Alterations of existing structures. If a detached ADU is created from an existing detached accessory structure that does not meet one or more of the standards within § 135-11G, the structure is exempt from the standard(s) it does not meet. However, any alterations that would result in the structure becoming less conforming with those standards it does not meet are not allowed.
P.
Ownership and occupancy. There is no requirement that the property owner reside on the property, however, an ADU shall remain under common ownership with the residential building. Occupancy of the ADU shall be limited to no more than one-family.
§ 135-18.7 Land Use Regulations and Matrix of Land Uses.
[Added 5-6-2024 by Ord. No. 2024-008]
A.
Land use category descriptions.
(1)
Agricultural-related.
(a)
Agricultural.
[1]
Characteristics. The agriculture use category is characterized by general agricultural activities, including agronomy (the science of soil management), aquaculture (cultivation of aquatic animals and plants), horticulture (the commercial and noncommercial production of crops), honey production, silviculture (including the harvesting of timber), and similar uses. Accessory uses may include offices, storage areas, barns, stables, irrigation systems, and repair facilities related to agriculture uses.
[2]
Use types. Includes the growing of crops (agronomy, aquaculture, horticulture, silviculture, and similar uses) and raising of animals and livestock.
[3]
Exceptions. Produce standards on-site are treated as accessory uses. Animal shelters, grooming establishments, kennels, and stables housing horses or ponies of owners who do not reside on-site are Animal Care uses.
(b)
Agricultural support and services.
(2)
Residential.
(a)
Residential household living.
[1]
Characteristics. The household living use category is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, and parking of the occupants' vehicles. Home occupations are accessory uses that are subject to additional regulations.
[2]
Use types. Includes single-family detached dwellings, single-family attached dwellings, two-family duplex or townhouse dwellings, townhouses, multiple-family dwellings, live/work dwellings, upper story dwellings above a nonresidential use, and other structures with self-contained dwelling units.
[3]
Exceptions. Short-term rental: a residential dwelling that is offered for rent for a fee and for more than six but fewer than 29 consecutive days. Short-term rentals require a zoning permit and all applicable licenses and permits required by the state.
(b)
Group living.
[1]
Characteristics. The group living use category is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of "household." The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment. Common accessory uses include recreational facilities, dining facilities, and parking of vehicles for occupants and staff.
(3)
Public use classification.
(a)
Community services.
[1]
Characteristics. The community services use category is characterized by use types of a public, nonprofit, or charitable nature providing a local service to people of the community. Generally, these provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions that are open to the general public to join at any time (for instance, any senior citizen could join a senior center) are included in the community services use category. The use type may provide special counseling, education, training or a public, nonprofit, or charitable nature. Accessory uses may include offices, meeting, food preparation, parking, health, and therapy areas; and athletic facilities.
[2]
Use types. Includes community centers, cultural facilities, libraries, museums, senior centers, and youth club facilities.
[3]
Exceptions. Parks are classified as parks and open areas. Youth club facilities for-profit and private clubs are classified as indoor recreation/entertainment.
(b)
Government facilities.
[1]
Characteristics. The government facilities use category is characterized by use types that include post offices; government maintenance, storage, and distribution facilities; and other offices and facilities for the operation of local, state, or federal government, including fire and EMS facilities, police stations, and substations for fire and police. Accessory uses include maintenance, storage (indoor and outdoor), fueling facilities, satellite offices, and parking areas. Accessory uses for public safety include offices, teaching facilities, meeting areas, lunchrooms and cafeterias, sleeping quarters, storage, parking, and maintenance facilities.
[2]
Use types. Includes post offices, government offices, and government maintenance, storage, and distribution facilities. In addition, includes U.S. Armed Forces installations and government arsenals.
(c)
Parks and open areas.
[1]
Characteristics. The parks and open areas use category is characterized by use types that focus on natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, parks, public squares, and cemetery uses. Lands tend to have few structures. Accessory uses may include clubhouses, recreational structures, statuary, fountains, maintenance facilities, concessions, restrooms, and parking.
[2]
Use types. Includes arboretums or botanical gardens; cemeteries, columbaria, and mausoleums; community gardens; golf courses; public parks, squares, and plazas; and conservancy areas.
(d)
Transportation.
[1]
Characteristics. The transportation use category is characterized by use types that include facilities for the landing and takeoff of airplanes and helicopters, including loading and unloading areas. Aviation facilities may be improved or unimproved. This use category also includes terminals for surface transportation. Accessory uses include freight handling areas, concessions, offices, parking, maintenance, and fueling facilities.
[2]
Use types. Includes airports; helicopter landing facilities; and surface (bus and train) passenger terminals.
(4)
Institutional use classification.
(a)
Day care.
[1]
Characteristics. The day care use category is characterized by use types that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence typically for less than 24 hours per day. Care can be provided during daytime or nighttime hours. Accessory uses include offices, recreation areas, and parking.
[2]
Use types. Includes adult day-care centers, child day-care centers, in-home day care (up to six children).
[3]
Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center, religious institution, or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Preschools are intended to provide limited educational or training services while other child day-care uses are not; preschools are classified as educational facilities, preschool.
(b)
Educational facilities.
[1]
Characteristics. The educational facilities use category is characterized by use types that include public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education or a comparable equivalent. This use category also includes colleges, universities, and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiples blocks. This use category also includes vocational and trade schools. Accessory uses at schools include offices, play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.
[2]
Use types. Includes public and private secondary schools that provide state-mandated basic education; preschools; colleges or universities; vocational or trade schools; and uses specific to these educational facilities: arenas, auditoriums, research, and retail.
(c)
Health-care facilities.
[1]
Characteristics. The health care facilities use category is characterized by use types that include uses providing medical or surgical care and treatment to patients. Hospitals and medical treatment facilities offer overnight care while clinics provide outpatient care only. Labs serve all health-care facilities and are not typically intended for walk-in use by members of the general public. Accessory uses include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities, housing for staff or trainees, and limited accommodations for family members.
[2]
Use types. Includes hospitals, medical and dental clinics, medical treatment facilities with fewer than 20 beds, hospice houses, short-term critical-care houses, and outpatient facilities.
[3]
Exceptions. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents and participants in a program, are classified as Institutions. Dental offices and medical offices providing routine care (without surgery or procedures) can also be classified as offices, professional services.
(d)
Institutions.
[1]
Characteristics. The institutions use category is characterized by use types that provide a variety of facilities, including buildings that provide meeting areas for religious activities, convention centers or auditoriums, housing and care for the elderly or disabled, and housing related to treatment programs. Accessory uses include school facilities, limited medical treatment facilities, kitchens/cafeterias, recreation areas, offices, meeting rooms, parking, and staff residences.
[2]
Use types. Includes assisted living facilities, convention centers, halfway houses, transitional facilities, skilled nursing care facilities, and religious institutions.
[3]
Exceptions. Group home facilities or residential programs where individual units that meet the definition of a dwelling unit are classified as group living.
(e)
Utilities.
[1]
Characteristics. The utilities use category includes both major utilities, which are infrastructure services providing regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood or use type where the service is provided. Wireless communication towers, solar or wind facilities are also types of utilities. Services may be publicly or privately provided. Accessory uses may include parking and control, offices, monitoring, storage areas, or data transmission equipment.
[2]
Use types. Includes wireless communication towers and/or antennas (freestanding, co-located, or placed on an existing structure), water towers, electrical substations, stormwater retention and detention facilities, telephone exchanges, ground-based electrical/telephone/cable vaults, and surface transportation stops. Solar or wind facilities are included.
[3]
Exceptions. Recycling dropoff centers, hazardous waste collection sites, and recycling and salvage centers are classified as waste-related services.
(5)
Commercial use classification.
(a)
Animal care.
[1]
Characteristics. The animal care use category is characterized by uses related to the provision of medical services, general care, and boarding services for domestic animals.
[2]
Use types. Includes animal shelters, animal grooming, kennels (outdoor and indoor), equine stables, and veterinary clinics (with or without boarding).
[3]
Exceptions. The breeding and resale of domesticated animals on a commercial basis is an agricultural use type. The boarding of horses owned by persons living in a dwelling located on the same lot or site is an agricultural use type.
(b)
Food and alcohol service establishments.
[1]
Characteristics. The food and alcohol service establishments use category is characterized by establishments that produce and serve food or beverages for on- or off-premises consumption establishments at a nonindustrial scale. Accessory uses may include bars or cocktail lounges associated with the establishment, decks and patios for outdoor seating, drive-through facilities, facilities for live entertainment or dancing, and customer and employee parking areas. Any accessory uses (i.e., beer garden, stage for live entertainment, etc.) must be clearly subordinate to the principal use.
[2]
Specific use types.
[a]
Restaurant: an establishment that serves food or beverages for on- or off-premises consumption as its principal business. Typical examples of restaurant uses include sit-down or fine dining restaurants, cafes, cafeterias, kitchens, supper clubs, ice cream/yogurt shops, donut shops, coffee shops and food trucks.
[b]
Bar: uses that cater primarily to adults 21 years of age and older and that sell and serve beer, wine or alcoholic liquor for on-premises consumption as their principal business. Typical uses include bars, taverns, brewpubs (restaurants that serve beer produced on-site), tasting rooms and nightclubs; also includes smoking lounges, hookah lounges, and similar establishments, whether conducted as a principal or accessory use.
[c]
Small-batch alcohol producers: alcohol production facilities, including microbreweries, microdistilleries, and microwineries that produce less than 10,000 beer barrels of cumulative product per year and contain at least 500 square feet of customer-facing service area. Facilities producing over 10,000 beer barrels or without customer-facing service areas are classified under limited manufacturing, production, and industrial services.
(c)
Offices.
[1]
Characteristics. The office use category includes activities that are conducted in an office setting and that generally focus on business, professional, or financial services. Accessory uses may include cafeterias, day-care facilities, recreational or fitness facilities, parking, and supporting commercial or other amenities primarily for the use of employees in the firm or building.
[2]
Use types. Includes business services; professional services such as lawyers, accountants, engineers, or architects; financial services such as lenders, brokerage houses, or real estate agents; medical offices, such as doctors' and dentists' offices; and sales.
[3]
Exceptions.
[a]
Offices that are part of and located with a principal use in another use category are considered accessory to the establishment's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another use category, are considered part of the other use category.
[b]
Contractors and others who perform services off-site are included in the Office category if equipment and materials are not stored outside, and fabrication, services, or similar work is not carried on at the site.
[c]
Government offices are classified as civic/government facilities.
[d]
Medical and dental clinics (where surgeries or procedures are performed), medical and dental labs, and blood collection facilities are classified as health-care facilities.
[e]
Financial institutions (banks) which offer drive-through or walk-up service to patrons are classified as retail sales and services.
(d)
Recreation/entertainment, indoor.
[1]
Characteristics. The indoor recreation/entertainment use category includes privately owned uses that provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include offices, concessions, snack bars, parking, and maintenance facilities.
[2]
Use types. Includes auditoriums, commercial indoor recreation (bowling alleys, dance halls, skating rinks, indoor commercial swimming pools, racquetball, squash, and indoor tennis club facilities, private clubs, theaters (cinemas, screening rooms, and stages), and indoor firing ranges.
(e)
Recreation/entertainment, outdoor.
[1]
Characteristics. The outdoor recreation/entertainment use category includes large, generally commercial uses that provide continuous recreation- or entertainment-oriented activities that primarily take place outdoors. These may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include concessions, parking, and maintenance facilities.
[2]
Use types. Includes privately owned arenas, amphitheaters, and stadiums; commercial outdoor recreation (motor vehicle racing; drive-in movies; privately owned outdoor commercial tourist attractions, water and amusement parks; swimming pools; and privately owned active sports facilities such as ball fields, courts, and archery ranges); privately owned golf driving ranges and courses; privately owned miniature golf facilities; and marina or yacht clubs.
[3]
Exceptions.
[a]
Banquet halls that are part of hotels or restaurants are accessory to those uses which are included in the visitor accommodations or eating establishment categories, respectively.
[b]
Publicly owned golf courses, tennis courts, swimming pools, basketball courts, and other similar outdoor recreational facilities are classified as parks and open areas. Indoor continuous entertainment activities such as theaters or bowling alleys are classified as indoor recreation/entertainment.
(f)
Retail sales and services.
[1]
Characteristics. The retail sales and services use category is characterized by use types involved in the sale, lease, or rent of new or used products to the general public. These may also provide personal services or entertainment or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, concessions, ATM machines, outdoor display/sales areas, and parking.
[2]
Use types.
[a]
Alcohol sales establishment; alternative financial services; bar, tavern, or cocktail lounge; convenience stores (with or without gasoline and food sales); financial institution (bank); funeral home; laundromat; pharmacy; tattoo studios.
[b]
Business services establishments: businesses engaged in the provision of business-related services to consumers and small businesses. Examples include general photographic studios, mailing and packing services, tax and accounting services, brokerages, insurance offices, and collections offices.
[c]
Retail sales establishments: stores selling, leasing, or renting consumer, home and business goods, whether new or used, including art, art supplies, bakeries, bicycles, books, clothing, dry goods, electronic equipment, fabric, furniture, flowers, gifts, grocers and food sales, hardware, home improvements, household products, jewelry, recorded music, pets, pet food, pharmaceuticals, printer material, stationery, and videos.
[d]
Personal service establishments: dry-cleaning establishments; photographic studios; mailing or packing services; photocopy and blueprint services; hair, tanning, and nail salons; personal care services; massage therapy and day spas; psychics and mediums; martial arts schools; dance or music classes; taxidermists; and fitness centers.
[e]
Repair establishments: repair of TVs, bicycles, clocks, watches, shoes, guns, canvas products, appliances and office equipment; tailoring and shoe repair; locksmith; and upholsterer.
[3]
Exceptions.
[a]
Laundry, dry-cleaning, and carpet cleaning plants are classified as industrial services.
[b]
Building trade contractors with on-site storage that sell primarily to contractors and do not have a retail orientation are classified as wholesaling, warehouse and freight movement.
[c]
Repair and service of vehicles, motorcycles, and light and medium trucks is classified as vehicle sales and service.
[d]
Bakeries primarily engaged in the sale of food or food products for on-site consumption are classified as eating establishments.
[e]
Theaters, cinemas, and stages are indoor recreation/entertainment uses.
[f]
Uses offering financial, professional, or business services by appointment or with only limited contact with members of the general public are office uses.
(g)
Vehicle sales and services.
[1]
Characteristics. The vehicle sales and services use category is characterized by the direct sales of and services of passenger vehicles, light and medium trucks, motorcycles, and other consumer motor vehicles intended for transport of goods or persons over land, water, or in the air, whether for recreation, commerce, or personal transport, as well as small engine repair. Accessory uses may include offices, sales of parts, maintenance facilities, parking, outdoor display and sales, and vehicle storage.
[2]
Use types. Includes aircraft parts, sales, and maintenance; automobile painting/body shop; automobile parts sales and installation (transmission or muffler shops, towing service, tire sales and mounting); automobile rental and sales; automobile repair and servicing (without painting/bodywork) or small engine repair; automotive wrecker service; boat and marine rental and sales; car wash or auto detailing (full- and self-service); gasoline filling station; recreational vehicle (boats, motorcycles, off-road vehicles, aircraft, and travel trailer) rental and sales; taxicab service; truck or tractor rental, sales or repair; and truck stop.
[3]
Exceptions. Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if these are located on the site of the principal use. Sales, rental, or repair of vehicles or heavy equipment of 12,000 or more pounds gross vehicular weight (CVW) is classified as industrial services, heavy equipment sales, rental, or repair.
(h)
Commercial indoor lodging.
[1]
Characteristics. The commercial indoor lodging use category includes short-term rentals and lodging places for transients and tourists arranged for short-term stays for rent, lease, or interval occupancy. Accessory uses for hotels and motels may include pools and other recreational facilities, limited storage, restaurants, supporting commercial, bars, meeting facilities, and offices.
[2]
Use types. Includes bed-and-breakfasts, campgrounds, hotels or motels, apartment hotels, and short-term rentals.
[3]
Exceptions. Short-term rental: a residential dwelling that is offered for rent for a fee and for more than six but fewer than 29 consecutive days. Short-term rentals require a zoning permit, and all applicable licenses and permits required by the state.
(6)
Industrial and related use classification.
(a)
Extractive industry.
[1]
Characteristics. The extractive industry use category is characterized by businesses that are engaged in the extraction, removal, or basic processing of minerals, liquids, gases, or other natural resources. Such uses also include quarrying, well operation, mining, or other procedures typically done at an extraction site. Accessory uses include offices, limited wholesale sales, security or caretakers' quarters, outdoor storage, and maintenance facilities.
[2]
Use types. Typical uses include quarries, borrow pits, sand, and gravel operations.
(b)
Industrial services.
[1]
Characteristics. The industrial services use category is characterized by businesses that are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar users perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include limited retail or wholesale sales, offices, parking, warehousing, and outdoor storage.
[2]
Use types. Includes building, heating, plumbing, or electrical contractor; electric motor repair; fuel oil/bottled gas distributor; general industrial service; heavy equipment sales, rental, or repair; dry-cleaning plants and carpet-cleaning facilities; machine shops; repair of scientific or professional instruments; research and development facilities; and tool repair.
[3]
Exceptions. Contractors and others who perform services off-site are included in the offices use category if major equipment and materials are not stored on-site and fabrication or similar works are not carried out on-site.
(c)
Manufacturing and production.
[1]
Characteristics. The manufacturing and production use category is characterized by firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on-site, but if so, these are a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory uses may include retail or wholesale sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, fueling facilities, security and caretakers' quarters.
[2]
Use types.
[a]
Heavy manufacturing is the manufacture or compounding process of raw or partially processed materials. These activities may involve noise, odor, dust, or vibration that is noticeable off of the business site. These manufacturing operations are primarily performed indoors.
[i]
Example use types of heavy manufacturing include but are not limited to manufacture or assembly of textiles, machinery, equipment, lumber and wood products, basic food processing, vehicles and appliances.
[b]
General manufacturing is the mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets, or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration that are discernible off of the business site. Examples use types of general manufacturing include production or repair of small machines or electronic parts and equipment; sewing or assembly of textiles into consumer products; woodworking and cabinet building; publishing and lithography; computer design and development; communications equipment, precision items, and other electrical items; research, development, and testing facilities and laboratories; sign making, assembly of prefabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.
[c]
Light manufacturing is the small-scale, low-impact processing, fabrication, assembly, and packaging of products predominantly from previously manufactured parts and materials. Limited Manufacturing uses are generally less than 10,000 square feet in area, operate during conventional business hours, and utilize processes that generally do not have impacts that are discernible outside of the building. Example use types include, but are not limited to, assembly of consumer products, production or repair of electronics parts and equipment, production and assembly of specialized medical products, production or assembly of specialized food products, production and assembly of specialized building products, and other similar activities meeting the performance standards for this use.
[3]
Exceptions.
[a]
Goods sold on-site: Manufacturing of goods to be sold primarily on-site and to the general public is classified as retail sales and services if the manufacturing area does not exceed XX-percent of the floor area of the development.
[b]
Goods made by crafts persons. Customer manufacturing of goods by tailors, dressmakers, cobblers, upholsterers, or similar crafts, utilizing equipment of the type and scale customarily found in repair establishments or crafts shops. These would be classified according to the specific use but would generally be found classified as a commercial use.
(d)
Self-service storage.
[1]
Characteristics. The self-service storage use category is characterized by uses that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Accessory uses may include living quarters for a resident manager, security and leasing offices, and outside storage of boats and campers. Use of the storage areas for sales, service, repair, or manufacturing operations is prohibited and not considered accessory to the use. The rental of trucks or equipment is also not considered accessory to the use.
[2]
Use types. Includes facilities that provide individual storage areas for rent. These are also called "mini-warehouses."
[3]
Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the wholesaling, warehouse and freight movement use category.
(e)
Wholesaling, warehouse and freight movement.
[1]
Characteristics. The wholesaling, warehouse and freight movement use category includes establishments that are involved in the storage or movement of goods for itself or sale to or distribution by other firms or businesses, including facilities for fleet vehicle storage. Accessory uses include offices, product repair, minor fabrication and repackaging of products, truck fleet parking, outdoor storage, and maintenance areas.
[2]
Use types. Includes cold storage plants (including frozen food lockers), parcel services, truck or freight terminals, general and limited wholesale and warehousing, and outdoor storage (as a principal use). Warehousing and distribution facilities could include separate warehouses used for storage by retail stores such as furniture and appliance stores; warehouses used for distribution by trucking companies; and household moving and general freight storage. Additional clarification is given to two of the use types below.
[a]
Wholesale and warehousing, general: Firms involved in storage, or the sale and distribution, of goods to other locations for ultimate use or sale, as well as similar uses involving high turnover or large-scale storage of goods and equipment. The uses may include on-site sales or taking of orders and display areas or showrooms of up to 20% of the building area. Businesses may or may not be open to the general public. While retail sales are a permitted accessory use, sales are predominantly to businesses, contractors, and other wholesale customers. Products are generally delivered to the customer with limited will-call pickup on-site.
[b]
Wholesale and warehousing, limited: Firms involved in smaller-scale storage or the sale and distribution of goods to other locations for ultimate use or sale. Such uses may include distributor showrooms designed to display products for selection by customers. While retail sales are a permitted accessory use, sales are predominantly to businesses, contractors, and other wholesale customers. Products are generally delivered to the customer, although there are provisions for customer pickup.
[3]
Exceptions. Contractor's offices that do not include storage yards are classified as offices. Use types that involve the transfer or storage of solid or liquid wastes are classified as waste-related services.
(f)
Waste-related services.
[1]
Characteristics. The waste-related services use category includes use types that receive solid or liquid wastes from others for disposal on the site or for transfer to another location; uses that collect sanitary wastes; uses that manufacture or produce goods or energy from the composting of organic material; or processing of scrap or waste material. This use category also includes use types that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, outdoor storage, and repackaging and trans-shipment of by-products.
[2]
Use types. Includes energy recovery plants, hazardous waste collection sites, recycling dropoff centers, recycling and salvage centers.
B.
Matrix of Land Use Regulations. See Attachment 5: Table 5: Matrix of Land Uses.