On a corner lot in all zoning districts, no fence, wall, hedge, planting structure or object shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining the points along said street lines 15 feet from the point of intersection.

(Code 2006, § 13-1-120)

(a)

Loading space requirements. On every lot on which a business, commercial or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way:

(b)

Multiple or mixed uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.

(c)

Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street.

(d)

Design standards. Each off-street loading space shall have a width of at least 12 feet, a length of at least 45 feet, and a vertical clearance of at least 14 feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to ten feet in width, 25 feet in length, and eight feet in vertical clearance. Every loading space shall be sufficiently screened in the form of a solid fence or shrubbery to protect neighboring residences. All open off-street loading berths shall be improved with a compacted gravel base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.

(e)

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residential district.

(f)

Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

(g)

Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled.

(1)

Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.

(2)

Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)

(3)

No zoning lot served shall be more than 300 feet removed from the central loading area.

(4)

The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.

(Code 2006, § 13-1-121)

All new nonresidential parking lots in excess of four stalls and all alterations of existing lots shall be subject to design approval by the zoning administrator. Requests for said parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations. In all districts, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following:

(1)

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

(2)

Design standards. The size of each parking space shall be a width of at least nine feet and a stall length of at least 18 feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows:

a.

Eleven feet for 30-degree parking; and

b.

Twenty feet for 90-degree parking.

Minimum width of aisles providing access to stalls for two-way traffic shall be 24 feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street. Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.

(3)

Location. Location requirements are as follows:

a.

Location of on-lot parking shall be on the same lots as the principal use or not over 400 feet from the principal use pursuant to subsection (1) of this section.

b.

Off-street parking is permitted in all yards of all districts except in the front yards of single-family and two-family residence districts but shall be closer than five feet to a nonresidential side lot line, right-of-way line or rear lot line. No parking space or driveway, except in residential districts, shall be closer than five feet to a residential district lot line.

c.

Off-street parking in the single-family and two-family residence districts is permitted in the front yard in the driveway, no closer than three feet to a side lot line providing the driveway conforms to the requirements in section 40-123.

(4)

Surfacing. All off-street parking areas and driveways shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement). Any parking area for more than five vehicles shall have the aisles and spaces clearly marked. Compacted stone or gravel may be used only with the approval of the plan commission. Completion of surfacing is required prior to the issuance of an occupancy permit. However, for required surfacing during the period between November 1 and April 1, the owner shall enter into an agreement with the village agreeing to complete all required surfacing by no later than the following June 1. All driveway aprons shall be constructed of concrete as approved by permit to be obtained from the public works department prior to construction.

(5)

Landscaping. Landscaping requirements are as follows:

a.

Accessory landscape area. All public and private off-street parking areas which serve four vehicles or more, are located within 15 feet of any lot line or public right-of-way and are created or redesigned and rebuilt subsequent to the adoption of the ordinance from which this zoning chapter is derived shall be provided with accessory landscape areas totaling not less than ten percent of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet.

b.

Location, plant material and protection. Location of landscape areas, plant materials and protection afforded the planting, including curbing and provision for maintenance by the property owner, shall be subject to approval by the zoning administrator.

c.

Plans. All plans for such proposed parking areas, at the discretion of the zoning administrator, shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.

d.

Residential screening requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a planting pursuant to section 44-193.

e.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residential districts.

f.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.

(6)

Curbs. Curbs or barriers shall be installed a minimum of four feet from the property line so as to prevent the parked vehicles from extending over any lot lines.

(7)

Number of stalls. Number of parking stalls required are prescribed in the specific district regulations for each district.

(8)

Uses not listed; floor space measurements. In the case of structures or uses not mentioned, the provision for a use, which is similar, shall apply. The term "floor space or area" means the gross floor area inside the exterior walls, where floor space is indicated above, as a basis for determining the amount of off-street parking required.

(9)

Combined uses. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually, provided such uses are not operated during the same hours. The following conditions must be met for any joint use:

a.

The proposed joint parking space is within 500 feet of the use it will serve.

b.

The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.

c.

A properly drawn legal instrument approved by the village board, executed by the parties concerned, for joint use of off-street parking facilities shall be filed with the village clerk. Said instrument may be a three-party agreement, including the village and all private parties involved. Such instrument shall first be approved by the village attorney.

(10)

Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in these ordinances, the provisions contained in Wis. Stats. §§ 101.13, 346.503 and 346.56, and any Wisconsin Administrative Code sections adopted pursuant thereto are hereby adopted by reference and made applicable to all parking facilities whenever constructed.

(11)

Changes in buildings or use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 25 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50 percent or more in the floor area, said building or use shall then comply with the parking requirements set forth in the district in which it is located.

(12)

Off-lot parking. The off-lot parking requirements are as follows:

a.

Required off-street parking spaces shall be located on the same lot with the principal use, or when this requirement cannot be met, such parking spaces may be located off-lot provided the parking spaces are located in the same district and not over 500 feet from the principal use. In cases where off-street parking facilities are permitted on land other than the same lot as the principal use, such facilities shall be in the same possession as the lot occupied by the use to which the parking facilities are necessary. Such possession shall be by deed whereby the owner of the land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the office of the county register of deeds requiring such owner, his heirs or assigns to maintain the required facilities for the duration of the use served.

b.

Off-lot parking spaces for residential uses shall be within 200 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within 300 feet of the entrance of the establishment.

c.

All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of ten feet from an interior lot line, except if the adjoining lot is used for legally conforming parking purposes.

(13)

Signs. Signs located in parking areas necessary for orderly operation of traffic movement shall be permitted in addition to others permitted in this chapter.

(14)

Lighting. Lighting used to illuminate off-street parking shall have no direct source of light visible from a street or adjacent land.

(15)

Reduction of parking areas. Off-street parking spaces shall not be reduced in number unless said number exceeds the requirement set forth herein.

(Code 2006, § 13-1-122; Ord. No. 17(Ser. of 1999), 10-6-1999; Ord. No. 11(Ser. of 2003), 9-17-2003)

(a)

No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps). No driveway openings shall be permitted within 100 feet of the intersection of an arterial street right-of-way line.

(b)

Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers shall be erected to prevent unauthorized vehicular ingress to the streets specified in subsection (a) of this section or highways.

(c)

Temporary access to the rights-of-way in subsection (a) of this section may be granted by the zoning administrator after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.

(Code 2006, § 13-1-123)

(a)

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

Boat means every description of watercraft used or capable of being used as a means of transportation on water.

Mobile home means a structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The length of a mobile home means the distance from the exterior of the front wall (nearest to the exterior of the drawbar and coupling mechanism) to the exterior of the rear wall (at the opposite end of the home) where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions or other attachments. The width of a mobile home means the distance from the exterior of one side wall to the exterior of the opposite side wall where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, wall and roof extensions or other attachments.

Recreational vehicle means any of the following:

(1)

Boat or snowmobile trailer means a vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this article, is termed an unmounted boat or snowmobile.

(2)

Camping trailer means a canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.

(3)

Chassis mounts, motor homes and mini-motor homes means recreational structures constructed integrally with a truck of motor-van chassis and incapable of being separated therefrom.

(4)

Converted and chopped vans means recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.

(5)

Motor home means a portable, temporary dwelling to be used for travel, recreation, vacation or other uses, constructed as an integral part of a self-propelled vehicle.

(6)

Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.

(7)

Travel trailer means a vehicular, portable structure built on a chassis and on wheels that is between ten and 36 feet long, including the hitch, and eight feet or less in width, designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon, or truck. The term "travel trailer" includes so-called fifth-wheel units.

Yard, front means that part of a lot between the front lot line and front of the principal building on the lot and extended to both side lot lines.

Yard, rear means that part of a lot between the rear lot line and the back of the principal building on the lot and extended to both side lot lines.

Yard, side means that part of a lot not surrounded by a building and not in the front or rear yard.

(b)

Permitted parking or storage of recreational vehicles, automobiles and utility trailers. In all residential and commercial districts provided for in this zoning chapter, it is permissible to park or store a recreational vehicle or boat and boat trailer or automobile or utility trailer on private property in the following manner:

(1)

The body of the vehicle must be five feet from the face of any curb or, if no curb, ten feet from the edge of the pavement.

(2)

No part of the unit may extend over the public sidewalk or public right-of-way.

(3)

Parking is permitted only for storage purposes. Vehicles shall not be:

a.

Used for dwelling purposes, except for overnight sleeping for a maximum of three consecutive days. The zoning administrator may extend the time period if no complaints are received. Cooking is not permitted at any time.

b.

Permanently connected to sewer lines, water lines or electricity. The vehicle may be connected to electricity temporarily for charging batteries and other purposes.

c.

Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use.

(4)

Notwithstanding the restrictions in this section, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use not to exceed 24 consecutive hours.

(5)

If the vehicle is stored on a property with residential zoning, the vehicle shall be owned by the resident of the property on which the unit is parked for storage.

(6)

No storage or parking shall be allowed on lawns in front or side yards.

(7)

Parking or storage in rear yards is allowed on lawns subject to minimum setbacks of three feet from neighboring side or rear lot lines and 15 feet from street property lines.

(8)

All paved parking or storage areas shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement).

(Code 2006, § 13-1-124; Ord. No. 15(Ser. of 2008), § 1(13-1-124), 11-19-2008; Ord. No. 7(Ser. of 2009), § 1, 6-3-2009; Ord. No. 4(Ser. of 2023), § 1, 5-17-2023)

(a)

Truck parking in residential areas. No motor vehicle with a tare or empty weight in excess of 10,000 pounds, or having a height of more than ten feet from the roadway, bearing a commercial license, including school buses, and no commercially licensed trailer, including semitrailers, shall be parked or stored in a residential district, except when loading, unloading or rendering a service.

(b)

Tractors and road machinery. No person, firm, or corporation shall park, keep, or maintain on properties zoned as residential or multiple residential dwellings the following types of vehicles: tractors, tractor trailers, dump trucks, auto wreckers and road machinery. Said vehicles may not be kept or parked on said premises whether or not they are in enclosed buildings, except for the purposes of unloading or servicing the premises.

(c)

Vehicle or storage container use in all districts prohibited. No truck, truck tractor, truck trailer, bus, cargo or storage container, or portion thereof, shall be used for, or converted for use as, office, mercantile, residential or storage purposes in any district, except for temporary construction trailers in use at a construction site.

(Code 2006, § 13-1-125; Ord. No. 15(Ser. of 2008), § 1(13-1-125), 11-19-2008; Ord. No. 5(Ser. of 2023), § 1, 5-17-2023; Ord. No. 7(Ser. of 2023), § 1, 9-6-2023)

(a)

Purpose. The purpose of this section is to enhance the appearance of the village by improving the quality of landscaping, buffering and screening at multifamily, institutional, commercial and industrial properties. Criteria and standards are provided to ensure that building sites and off-street parking areas are sufficiently landscaped to protect and preserve the appearance, character and value of surrounding properties and public right-of-way, thereby promoting the general welfare, safety and aesthetic quality of the village.

(b)

Applicability. The provisions of this section shall apply to any developments allowed as a permitted use, requiring site plan approval, or a special use in the RM, CH, ID, CS districts and any developments allowed as a special use in the RC and RT districts. Any development occurring on vacant land shall be in full compliance with the provisions of this section. Existing occupied developments that do not conform with the provisions of this section may be continued until such time that any of the following occur: the gross floor area of the building is increased by more than ten percent or 5,000 square feet, whichever is less, necessitates application of the bufferyard landscaping, and screening requirements; an increase in the number of parking or loading spaces beyond the number currently existing necessitates application of the interior landscaping, and screening requirements in the area occupied by the newly created spaces. The provisions of this section must be met within nine months of occupancy to the extent that all other standards and requirements of this chapter can be maintained on the site.

(c)

Approval procedure. A landscape plan is required in conjunction with all required site plans and must be submitted before application for a building permit. The landscape plan shall be filed for review and approval with the zoning administrator along with submittal of any review fee as established by the village board. The plan commission or zoning administrator shall review, add conditions as appropriate and approve the landscape plan.

(d)

Landscape plan requirements. Landscape plans submitted for review shall be drawn to an appropriate scale and shall include at a minimum the following information:

(1)

The name and address of owner/developer, and name of the landscape architect/designer.

(2)

The date of plan preparation, date and description of all plan revisions, name of project or development, scale of plan, and north marker.

(3)

The location of all lot lines, locations of all existing and proposed easements and rights-of-way, and elevation, topography, and cross section details as determined necessary by the plan commission.

(4)

The location of all existing and proposed structures, parking and loading areas, parking spaces (numbered), driveways, sidewalks, ground signs, refuse disposal areas, fences, freestanding electrical and other utility equipment, and other site improvement features as determined necessary by the plan commission.

(5)

The location and contours at one foot intervals, of all proposed berms.

(6)

The location, caliper size, and species (common and botanical name) of all existing plant material on the site and designation of intended treatment (save, move, remove).

(7)

The location, caliper size at planting and species (common and botanical name) of all proposed plant materials, and location and description of all ground cover and turf grasses.

(8)

A schedule of all new plants proposed for planting, and those existing plants that will be saved, including:

a.

Size (caliper, height, container size, etc.);

b.

Condition (bare root, balled-and-burlapped, container grown, or preexisting);

c.

Planned installation date; and

d.

Common and botanical names (genus, species, and variety).

(9)

A schedule itemizing:

a.

The total square foot area of all greenspace proposed on the lot;

b.

The total square foot area of off-street parking;

c.

The number of off-street parking spaces;

d.

The number and square foot area of each interior island and peninsula.

(e)

Landscape standards. Landscaping required under this section shall be of the following four types:

(1)

Lot line landscaping. A minimum 15-foot front strip extending along the lot line adjacent to all road rights-of-way in RM, CH, CS districts and a minimum ten-foot front strip extending along the lot line adjacent to all road rights-of-way in the ID district, plus a minimum ten-foot strip along all other lot lines shall be landscaped as follows:

a.

RM, CH, CS districts. Lot line landscape strips required in RM, CH, CS districts shall be planted with a minimum of one shade tree and six shrubs per 40 linear feet of frontage, excluding driveway openings.

b.

ID districts. Lot line landscape strips required in ID districts shall be planted with a minimum of one shade tree and three shrubs per 40 linear feet of frontage, excluding driveway openings.

c.

Berms. Where it is deemed appropriate or desirable to construct a berm in the lot line landscape strip in order to restrict the view and/or to absorb noise, the plan commission can require this option for a landscape plan in any of the zoning districts. The slope of the berm shall be planted with a minimum of one shade tree and three shrubs per 40 linear feet of frontage, excluding driveway openings.

(2)

Interior landscaping. Planting islands or peninsulas shall be provided in off-street parking areas as follows:

a.

Parking spaces must be separated by a planting island or peninsula at the rate of one island/peninsula for each row of 12 consecutive parking spaces for single row configurations, or for each 24 consecutive parking spaces in double row configurations.

b.

Each island or peninsula shall be at least 180 square feet in area for single row configurations, and 360 square feet in area for double row configurations.

c.

One tree shall be planted in each island or peninsula, or within ten feet of the periphery of the parking area.

d.

Where practicable, islands and peninsulas shall be placed at the ends of parking rows or along designated pedestrian circulation areas. Planted boulevards within off-street parking areas may be considered as an alternative to islands and peninsulas.

e.

Planting islands may be combined in fewer numbers and larger areas as long as the ratio of islands is at a minimum ratio of one island of 180 square feet per 12 consecutive parking spaces for single row configurations, or 360 square feet for each 24 consecutive parking spaces in double row configurations. (Examples: one 270 square foot island for 18 single row parking spaces or one 360 square foot island for 24 single row parking spaces).

(3)

Bufferyard landscaping. Any commercial or industrial use that is adjacent to a residential use or zoning district shall provide a landscaped bufferyard along the full length of the affected side and/or rear yard to afford protection to the residential uses from the glare of lights, from visual encroachment, and from the transmission of noise. Required bufferyards shall be landscaped as described in this subsection. Combinations of trees, shrubs, berms and fences shall create screening which is at least 50 percent impervious to sight at planting.

a.

Bufferyards required for multifamily, institutional and commercial uses shall be a minimum ten feet wide and shall be planted with ten evergreen trees, three shade trees, five ornamental trees, and 25 shrubs per 100 linear feet.

b.

Bufferyards required for industrial developments shall be a minimum 40 feet wide and shall be planted with 15 evergreen trees, three shade trees, and five ornamental trees per 100 linear feet.

c.

As an alternative to these bufferyard landscaping requirements, a six foot high sight-tight fence may be constructed near the lot line, with the remainder of the required bufferyard planted with a minimum of two shade trees and five evergreen trees per 100 linear feet.

d.

The required bufferyard shall be a greenspace where no portion of a building, parking, driving, loading, or storage area may be located.

(4)

Screening requirements. The intent of these requirements is to provide a visual screen around service, equipment and vehicle storage, and trash collections areas contained within commercial and industrial properties. At the time of installation or planting, screening materials must be 50 percent impervious at planting to sight, and be sufficiently high and long to accomplish the desired blockage of view yearround.

a.

Screening. All loading, service and equipment and vehicle storage areas on commercial and industrial properties shall be screened from view to all adjacent properties. Screening materials may consist of the following:

1.

For commercial properties there shall be a minimum ten-foot wide strip and shall be planted with ten evergreen trees, three shade trees, five ornamental trees, and 25 shrubs per 100 linear feet.

2.

For industrial developments there shall be a minimum ten-foot wide strip and shall be planted with 15 evergreen trees, three shade trees, and five ornamental trees per 100 linear feet.

3.

As an alternative to these landscaping requirements, a six-foot high sight-tight fence may be constructed near the lot line, with the remainder of the required strip planted with a minimum of two shade trees and five evergreen trees per 100 linear feet.

4.

The required strip shall be a greenspace where no portion of a building, parking, driving, loading, or storage area may be located.

b.

Trash collection areas. All exterior storage in refuse disposal areas, trash collection dumpsters, and trash pads on commercial and industrial properties shall be located and oriented to be as inconspicuous as possible. They shall be screened from view to all adjacent properties, all adjacent road right-of-way, and if located within commercial developments, from view to on-site entrance drives and parking areas. Screening materials may consist of the following:

1.

A six-foot high sight-tight fence or wall; or

2.

An evergreen screen (height, spacing, and variety to be determined and approved by the plan commission).

(f)

Planting specifications. Plant materials provided in conformance with the requirements of this section shall be equal to or better in quality than the standards of the American Association of Nurserymen. The minimum sizes of plant materials that shall satisfy the requirements of this section are as follows:

(1)

Shade tree with a minimum 2½-inch caliper.

(2)

Ornamental tree with a minimum 1½-inch caliper.

(3)

Evergreen tree a minimum of five feet height.

(4)

Shrubs with a minimum 18-inch to 24-inch height or spread.

(g)

Substitutions and modifications. To meet unique site design conditions or to overcome obstructions, conflicts, or other factors, the plan commission may approve planting substitutions described as follows:

(1)

Two ornamental trees may be substituted in place of one shade tree.

(2)

Two evergreen trees may be substituted in place of one shade tree.

(3)

One evergreen tree may be substituted in place of five shrubs.

(4)

One shade tree may be substituted in place of ten shrubs.

While plant materials should generally be distributed proportionately upon the lot in accordance with the standards of this section, the plan commission can allow or require alterations and variations in the planting pattern, on a case-by-case basis, to maximize the effectiveness of the installed landscaping.

(h)

Installation certification. All landscaping, buffering, and screening improvements required under this section must be completed on a schedule approved by the plan commission. Within 30 days of the installation of plant materials, the owner/developer shall submit written certification to the zoning administrator that healthy plant materials were properly installed in accordance with the approved landscape plan.

(i)

Maintenance. The owner of the lot on which landscaping has been provided shall be responsible for protecting and maintaining all plant materials and landscape areas in a healthy and growing condition and shall be responsible for keeping them free from refuse, debris, and weeds. Failure to maintain or replace dead or diseased plant materials during the next appropriate planting period shall constitute a violation of the provisions of this zoning chapter.

(Code 2006, § 13-1-126; Ord. No. 29(Ser. of 2005), 12-7-2005)

(a)

Nature. Common open space shall not include street right-of-way, driveways, parking areas, or yards required in connection with any building.

(b)

Buildings and structures. Common open space areas may contain complementary buildings and structures appropriate for the recreational use and enjoyment of the residents of the development for which it was established.

(c)

Dedication. When common open space or any portion thereof is approved for dedication and complementary improvements are completed and accepted, a deed shall be conveyed to the village; and the supervision and maintenance shall be the responsibility of the village.

(d)

Reservation. When common open space or any portion thereof is to be reserved for the exclusive use and enjoyment of the residents of the development from which it was established, the developer shall establish conditions as to the ownership, maintenance, and use of such areas as deemed necessary by the village to ensure preservation of its intended purposes. Land designated as common open space shall be restricted by appropriate legal instrument satisfactory to the village attorney as open space perpetually or for a period of not less than 99 years. Such instrument shall be binding upon the developer, his successors and assigns, and shall constitute a covenant running with the land, and be in recordable form.

(e)

Maintenance. In the event that common open space is improperly maintained, the village may serve written notice upon any property owner or association setting forth the manner in which such property owners or association has failed to maintain the common open space and demand maintenance deficiencies to be corrected within 30 days. If deficiencies as originally set forth or subsequently modified are not corrected within 30 days, the village may enter upon such common open space and correct maintenance deficiencies. The cost of such maintenance shall be assessed ratably against the properties within the development that have a right to use the area and shall become a tax lien on said properties. The village, at the time of entry, shall file notice of any liens in the office of the finance director.

(Code 2006, § 13-1-127)