(a)

Determining lot area. For the purpose of this division, the lot area shall be measured from the base setback line and shall be exclusive of the area ultimately to be included in street between the base setback line and the existing property line.

(b)

Determining minimum average lot width. Average lot width shall be calculated as the average horizontal distance between the side lot lines measured within the lot boundaries.

(c)

No reduction less than required. No lot area shall be reduced by any means so as to create a lot of less than the required size or where the offsets, setbacks, open space or lot area would be reduced below that required by the regulations for the district in which such lot is located, except as provided by appeal in accordance with section 58-41.

(d)

Contiguous parcels. When two or more parcels of land, each of which lacks adequate area and/or dimension to accommodate a permitted use under the requirements of the zoning district in which they are located, are contiguous and are held in one ownership, they shall be combined and used as one zoning lot in accordance with section 58-63.

(Code 1957, § 3.03(3))

Except in the case of a condominium, or multiple-family development, or approved construction of speculative homes prior to final subdivision plat approval, not more than one principal detached residential building shall be located on a residential zoning lot, nor shall a detached residential building be located on the same zoning lot with any other principal buildings.

(Code 1957, § 3.03(4))

(a)

Purpose and intent. The purpose and intent of regulating building and structure location is as follows:

(1)

To require the provision of a buffer zone between noise-intolerant land uses (e.g. residences, nursing homes, day care centers, schools, churches) and adjacent streets or highways to effectively attenuate noise and buffer such developments from the pollution and hazards attendant to vehicular traffic.

(2)

To require the provision of adequate physical separation between uses to minimize conflict.

(3)

To allow exposure to optimum amounts of light, air, and ventilation.

(4)

To attenuate noise, odors, fumes, and dust generated by land use before they infringe upon adjacent land use.

(5)

To provide aesthetic open space of sufficient size to accommodate landscaping and to soften, compliment, and enhance architectural design of buildings, parking areas, loading facilities, and utilities.

(6)

To provide adequate area for snow piling.

(7)

To insure adequate separation between pedestrian and vehicular circulation.

(8)

To promote cluster development and other internally oriented living, shopping and working environments, and to discourage strip development.

(9)

To provide adequate area to detain, retain, and facilitate surface drainage.

(10)

To protect and preserve the quality and quantity of ground water resources.

(11)

To prevent development which may result in unacceptable non-point source pollution.

(12)

To provide diversified and balanced growth.

(b)

Base setback line. The following base setback lines are hereby established parallel to the centerline of all public streets and highways:

(1)

For all streets designated as "local streets", the base setback line shall be located 30 feet from the centerline of such street or 75 feet from the center point of a cul-de-sac unless otherwise specifically established by action of the common council.

(2)

For all streets and highways, other than those designated as "local" streets, a base setback line shall be located at a distance from the centerline of such street or highway equal to one-half the width of its ultimate right-of-way as established by the common council.

(3)

The width of frontage roads shall not be included in the above designated rights-of-way.

(c)

Setbacks. Unless otherwise specified within an individual zoning district or in accordance with section 58-41, no building or structure shall be erected, constructed, structurally altered, or relocated on a lot closer to the base setback line than the minimum setback distance specified in the established zoning district.

(1)

Frontage roads, service drives and parking areas setback. Frontage roads, service drives, parking areas, etc., shall be set back a minimum of 25 feet from the adjacent base setback line.

(2)

Setback from Lake Michigan Bluff. All permanent structures, including in-ground swimming pools erected or constructed after January 1, 1988, on property that is contiguous to Lake Michigan shall be set back from the top of the bluff a distance based on a slope ratio of two feet horizontal distance to every one foot vertical distance measured from the toe of the bluff. In no case, however, shall a building be set back less than 75 feet from the top edge of bluff at the time of construction. Additions or alterations to structures that were erected or constructed prior to January 1, 1988, on property that is contiguous to Lake Michigan shall in no case reduce the existing setback from the edge of the top of the bluff to the existing structure.

Structures to gain access to Lake Michigan shall be permitted subject to the following conditions:

a.

The structure shall be limited to five feet in width, seven feet in length, in no case greater than 35 square feet, and the following height restrictions shall apply:

1.

Four feet six inches measured vertically from the structure's walking surface to the top of the structure.

2.

Fifteen feet measured vertically from the walking surface to grade.

b.

A building permit from the department of community development shall be obtained.

c.

A survey shall be provided with the building permit and shall include the ordinary high-water mark (OHWM).

d.

Structures shall comply with required side yard offsets of the city base zoning district. Structures and any component of the structures, whether above or below grade, including, but not limited to cables, anchors, supports, are not eligible for the offset exemptions of section 58-416.

e.

Regulations of chapter 84 shall be met.

f.

Structures shall comply with all other applicable municipal codes and state or federal regulations.

g.

Property owners shall certify to the city their awareness of potential problems of lake shore erosion, including, but not limited to, the possibility of adding fill of various types to stabilize the bluff area, the requirement for securing of a fill permit from the city engineering division for any such filling, the provisions of said fill permit ordinance, and the potential cost incurred. A memorandum of said certification, including the legal description of the property, shall be recorded in the office of the register of deeds for Ozaukee County.

h.

A registered professional engineer, board certified by the American Society of Civil Engineers, in geotechnical engineering (CPEGE), who is hired by the owner of the lot, shall certify to the city that the construction of any proposed structure located within 75 feet of the top edge of the bluff will be safe. Specifically, the professional engineer shall certify that:

1.

The design of any structure, the method of constructing such structure, and the materials used therefore are structurally adequate and will protect public health and safety.

2.

The proposed structure will not in any way adversely affect the structural integrity or safety of any building, or structure(s) located on adjoining or adjacent sites.

3.

The proposed structure will not adversely disturb ravine and bluff slopes, interfere with surface or subsurface drainage, or create new or exacerbate existing problems of erosion and recession on the subject site or adjoining or adjacent site.

4.

The drainage system will not adversely affect the adjacent and adjoining properties.

5.

There is no danger to the proposed structure or existing buildings or structures and its occupants from slippage of the slope above and/or below the proposed structure.

6.

A memorandum of said certification, including the legal description of the property, shall be recorded in the office of the register of deeds for Ozaukee County.

7.

The engineer shall make a technical report accompanying the certificate, which shall include, at a minimum:

i.

Recommendations regarding site preparation, foundation design, lateral earth pressure and support of the structure.

ii.

The stability of the slope before, during and after construction.

iii.

The effect of the construction on natural drainage in the areas, including any measures, such as "weepers," which are designed to improve natural drainage in the area.

i.

Property owners shall maintain structures to avoid becoming dilapidated or in disrepair or debris, or to be unsightly, dangerous, unsafe, unsanitary, or otherwise unfit for human use. Property owners shall provide the city a repair, replacement or removal plan within 30 days of being notified of being in noncompliance. The department of community development director may authorize an extension to this deadline.

j.

A registered professional engineer, board certified by the American Society of Civil Engineers, in geotechnical engineering (CPEGE), who is hired by the owner of the lot, shall recertify to the city every five years that the structure is safe for use.

All underground utilities including, but not limited to sewer, water, gas, electric, or telephone shall be installed no closer than 75 feet from the top edge of the Lake Michigan bluff. Underground extensions of existing utilities shall not reduce the existing setback from the edge of the bluff if said utilities are closer than 75 feet to the top of the bluff. However, utilities located more than 75 feet from the top of the bluff may be extended underground to structures lacking the 75-foot setback from the top of the bluff. The city does not guarantee, warrant or represent that only those areas which lie within the required setback area from the top of the bluff will be subject to damage resulting from bluff erosion or instability and hereby asserts that there is no liability on the part of the common council, its agencies or employees for any damages that may occur as a result of reliance upon and conformance with this section.

(d)

Setback exceptions.

(1)

Additions to existing buildings which lack the required setback may be allowed if either:

a.

The addition is set back at a distance greater than or equal to the average of the existing building setback and the required setback; or

b.

The addition is set back at a distance at least equal to the building setback and the planning commission determines that the addition will neither impede any likely public improvements nor cause any hardship, inconvenience, or diminution in value to any adjacent properties and further determines that the addition will be harmonious with neighboring properties.

(2)

On corner lots, on record as of the effective date of the ordinance from which this section is derived, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet.

(e)

Offsets. The proximity of any portion of a structure to the side or rear lot lines shall be regulated as follows:

(1)

Except as specifically otherwise provided by ordinance, no structure shall hereinafter be erected, structurally altered, or relocated so that it is closer to any lot line than the offset distance specified by the regulations for the district in which it is located:

(2)

No non-residential structure shall be erected, structurally altered, or relocated on any property so that it is closer to the lot line of a residentially zoned property than the greater of (i) the distance set forth in paragraph (1) or (ii) one times the height of the non-residential structure as deemed pursuant to section 58-418.

(3)

Offset exceptions.

a.

In the case of any lot of record which has a minimum average width less than that required by the district in which it is located, the offset from a side lot line may be reduced proportionally to the ratio of the actual minimum average width and the required minimum average width (i.e. actual width/required width) provided, however, that no offset shall in any case be less than 75 percent of the required offset.

b.

Where a lot abuts a district boundary line, the offset from such line in the district of less restrictive use shall not be less than that required for the district of more restrictive use.

c.

The required offset area on one property may be reduced if the offset area on the adjoining property is increased by deed restriction to include the required offset area plus the equivalent amount of offset area resulting from the adjacent reduction.

d.

In the case of attached single-family, row, multiple-family, commercial, or industrial use structures, two or more buildings on adjoining lots may be erected with common or directly adjoining walls provided the requirements of the state industrial code relative to such construction are complied with and provided that at both ends of such row type buildings the applicable offset requirements shall be complied with.

e.

Structures that are specifically Structures that are specifically excluded from offset regulations by ordinance including those structures excluded by section 58-419 are not subject to subsection (e).

f.

Garages allowed as accessory uses to residences are subject to subsection (e)(1) but not subsection (e)(2) or (e)(3).

(4)

Any required offset area shall be landscaped and kept clean and free from the accumulation of debris or refuse, and shall not be used for the storage or display of equipment, products, vehicles, or any other material.

(f)

Driveway offsets. Residential driveways shall be located no closer than three feet to a side or rear property line unless written approval is granted by the adjacent property owner.

(Code 1957, § 3.03(5); Ord. No. 96-878, 5-14-1996; Ord. No. 96-890, 6-25-1996; Ord. No. 2003-1065, § I, 4-8-2003; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2016-1488, § I(Att.), 1-10-2017; Ord. No. 2025-1681, § I, 5-13-2025)

(a)

Residential floor area regulations. Any building intended in whole or part for residential purposes shall provide a minimum floor area as hereinafter specified by the regulations for the district in which such building is located. Floor area shall be measured at each level from outside of wall to outside of wall, but for the purpose of determining minimum required floor area shall not include basements, attached garages, open porches, or attics and other storage areas having an average height of less than eight feet.

(b)

Floor area ratio regulations. The maximum total floor area of a building shall not exceed the floor area ratio specified by the regulations for the zoning district in which the building is located.

(c)

Open space regulations. The total amount of open space for a development (excluding parking area, drives and structural improvements) shall not be less than the open space ratio specified by the regulations for the zoning district in which the development is located.

(d)

Residential density. Residential density (either referred to as units per acre or minimum lot size) shall not exceed the density hereinafter specified by the regulations for the zoning district in which the development/building is located except as otherwise regulated in accordance with section 58-414.

(Code 1957, § 3.03(6))

(a)

Maximum height. No structure shall be erected or structurally altered to a height in excess of that specified in the structure's zoning district except as provided below in this section.

(b)

Determining height. The height of a structure shall be the vertical distance measured from the mean elevation of the finished grade at the front of the structure to the highest point of the building.

(c)

Exceptions. The following shall be exempted from the height regulations of all districts:

(1)

Chimneys and flues.

(2)

Accessory farm buildings, not to exceed 60 feet in height on lots of three acres or more in area.

(3)

Electrical transmission and distribution facilities.

(4)

Silos for agricultural purposes.

(5)

Subject to the approval of the planning commission, cooling towers, elevator bulk heads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, and necessary mechanical appurtenances.

(6)

Radio and television antennas. In no case, however, shall any radio or television antenna be erected or structurally altered to an overall height in excess of 25 feet or to a height in excess of five feet above the highest point on the roof of the principal structure located on the same property, whichever is greater. Furthermore, the overall height shall not exceed the distance measured in a straight line to the nearest property line.

(7)

Television antennas intended for the common use of a subdivision, group project development, or multiple family development or for use in conjunction with a closed circuit television system serving a school, church, public utility facility, public administrative office, public service building or other similar type of facility shall be subject to the approval of the building inspector. Except as otherwise regulated herein, such television antennas shall not be erected or structurally altered to a height in excess of 35 feet. In no case, however, shall the overall height exceed the distance measured in a straight line to the nearest property line.

(8)

Radio towers and antennas, provided that such towers and antennas are intended for the use of appropriately licensed amateur radio operators or for use as part of a commercial of industrial enterprise being conducted on an appropriately zoned property, shall be subject to the approval of the building inspector. Except as otherwise regulated herein, such radio towers or antennas shall not be erected or structurally altered to a height in excess of 75 feet. In no case, however, shall the overall height exceed the distance measured in a straight line to the nearest property line.

(9)

Structures for which height regulations are prohibited by state law.

(d)

Increase permitted. The maximum height of any structure may be increased up to ten feet if offset and setbacks are increased by one foot for each additional foot of structural height exceeding the standard district requirement.

(Code 1957, § 3.03(7); Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2016-1488, § I(Att.), 1-10-2017)

(a)

All structures shall be subject to the setback, offset, building size and open space requirements of this chapter expect as otherwise specifically provided by ordinance.

(b)

Structures not classified as buildings and less than six inches in height from the surface of the ground shall not require a building permit nor be subject to the setback or offset requirements of this chapter except as otherwise specifically provided by ordinance.

(c)

Fences, walls and other architectural screening devices, when anchored to supports, imbedded in the ground shall be considered permanent structures and shall be subject to the following:

(1)

No structure shall be permitted that by reason of noise, dust, odor, appearance or other objectionable factor creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property.

(2)

Any such structure less than four and one-half feet in height may be permitted anywhere on the lot.

(3)

Any such structure in excess of four and one-half feet in height may be permitted provided it conforms to the open area, height, setback, and offset requirements of the zoning district in which it is located.

(4)

Any such structure in excess of four and one-half feet, but not more than six feet in height, may be permitted to within five feet of a street right-of-way provided the side facing the street line is attractively landscaped and subject to approval by the building inspector.

(5)

Any such structure in excess of four and one-half feet in height may be permitted closer than the required offset from an adjoining lot line, other than a street line, with the written consent of the adjoining property owner. Such structure shall not project forward of the building setback line.

(d)

Basketball structures (poles) may be located within the setback and/or offset areas if the basketball structure is located closer to the house than to the side, rear, or front property lines. Other recreational and miscellaneous structures greater than four and one-half feet in height shall be permitted provided such structure conforms to the open space, height, offset and setback requirement of the zoning district in which it is located and also conforms with section 58-171.

(Code 1957, § 3.03(8); Ord. No. 96-878, 5-14-1996; Ord. No. 2016-1488, § I(Att.), 1-10-2017

In order to protect the health, safety, and welfare of the residents of the City of Mequon and to maintain the desirability, amenities, and property values of the residential, commercial, and industrial neighborhoods of the city, it shall be the responsibility of the owner of any premises to maintain their property in accordance with the following standards:

(1)

General maintenance. The exterior of every structure or accessory structure (except farm structures) shall be maintained free of broken glass, loose shingles, excessive paint peeling, crumbling stone or brick, loose boards, or other conditions reflective of deterioration and inadequate or deferred maintenance.

(2)

Litter control. Every owner, occupant, or lessee of a building used for residential, commercial, or industrial purposes shall maintain litter collection and storage areas in a clean condition and ensure that all litter on the premises is properly containerized. The property owners and the prime contractors in charge of any construction site in the city shall maintain the construction site in such a manner to prevent litter from being blown off the site. Accordingly, all litter from construction activities shall be picked up at the end of each workday and placed in appropriate containers.

(3)

Outside storage. No unenclosed storage of materials, equipment or supplies including, but not necessarily limited to unused or junked appliances, furniture, lumber, bricks, cement blocks, cans, and containers, shall be permitted where such storage is readily visible from any public place or from any surrounding private property. Outside storage of recreational vehicles may be allowed in accordance with this chapter.

(4)

Turf grass. Turf grass shall be defined as grass commonly used in regularly-cut lawns or play areas including, but not limited to bluegrass, fescue and ryegrass blends. Turf grass, as defined in this section, does not include grass in drainage ditches, portions of property zoned as critical environmental districts or areas on residential properties that cannot be mowed with ordinary residential lawn cutting equipment. Between June 1 and December 31 of each calendar year, turf grass, on properties of less than five acres, exceeding eight inches in height, shall subject the owner of the land to a corrective order requiring mowing. In the event any owner of the land fails to mow a lawn area as required by an order issued under this section, the city may proceed to mow the area and shall charge the owner the cost of such mowing at labor and equipment rates established by the city from time to time, as special charges pursuant to Wis. Stats. § 66.0627. Any special charge which is made under this section and remains unpaid after its due date shall be placed on the tax roll as a tax to be collected pursuant to Wis. Stats. ch. 74.

(5)

Vacant buildings. The landscaping of properties with vacant buildings shall be maintained in good order. Weeds shall be removed from non-turf grass areas, shrubs shall be trimmed, dead and dying trees and shrubs shall be removed, and turf grass shall not exceed eight inches in height. To the extent the property has been the subject of a landscaping plan, the owner shall adhere to such landscaping plan. If the owner of the land fails to satisfy the requirements of this section, the city may issue a corrective order and, if the property owner fails to perform the work required by this section within the period set forth in the protective order, the city may proceed to do the work and shall charge the owner the cost of such work at labor and equipment rates established by the city from time to time, as special charges pursuant to Wis. Stats. § 66.0627. Any special charge which is made under this section and remains unpaid after its due date shall be placed on the tax roll as a tax to be collected pursuant to Wis. Stats. ch. 74.

(6)

Demolished buildings. If a building is demolished, razed or otherwise destroyed, intentionally or by casualty (in any event, a "demolition"), all remnants of such building shall be removed from the site and the site shall be restored with turf grass within six months of the date of the demolition (or sooner if required pursuant to this Code or other applicable law for any other reason, including for safety reasons) unless either:

a.

A building permit is issued for such property within such six-month period and improvements pursuant to such building permit are commenced on or before the first anniversary of the demolition; or

b.

Within such six-month period, the planning commission waives such requirement for a certain period because the remnants add substantial value to the property and do not present a substantial detriment to the value or enjoyment of surrounding properties.

In the event the demolition occurs during the winter months, the turf grass restoration shall be completed by May 1 of the following spring. As used in this section, remnants shall include without limitation any building pad or platform, any unused driveway, any parking area in disrepair, and sidewalks appurtenant to such building. Until construction of any replacement building, the landscaping of the property shall be maintained in the manner described above for vacant buildings. If the owner of the land fails to satisfy the requirements of this section, the city may issue a corrective order and, if the property owner fails to perform the work required by this section within the period set forth in the protective order, the city may proceed to do the work shall charge the owner the cost of such work at labor and equipment rates established by the city from time to time, as special charges pursuant to Wis. Stats. § 66.0627. Any special charge which is made under this section and remains unpaid after its due date shall be placed on the tax roll as a tax to be collected pursuant to Wis. Stats. ch. 74.

(Code 1957, § 3.03(9) ; Ord. No. 2009-1282, § I, 8-11-2009; Ord. No. 2011-1369, § I, 12-13-2011; Ord. No. 2023-1641, § I, 4-11-2023)

(a)

Purpose and intent. The purpose of this section to minimize "light trespass" or "obtrusive light," or more specifically to regulate and reduce any nuisance caused artificial illumination of property and buildings, to mitigate the impact on ecosystems, to promote the safety and welfare of its citizens by restricting glare producing sources of light and generally establish proper levels of lighting.

(b)

Scope. The following regulations shall apply to all luminaries installed, erected or maintained on parcels that contain a single-family or plex dwelling unit as defined in [section] 58-8.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection:

Footcandle. A unit of light expresses in lumens per square foot.

Glare. Intense light from an illumination source which may result in visual impairment or discomfort.

HID. High intensity discharge light sources are characterized by an arc tube or discharge capsule that produces light including but not limited to metal halide, mercury vapor, and high pressure sodium.

Lumen. The unit used to measure the actual amount of light which is produced by a lamp. For all lamp types and sources, the initial output, as defined by the lamp or source manufacturer, is the value to be considered.

Luminaire. The complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

Measurement. For the purposes of this section, illumination levels shall be measured at a point three feet above grade with the measuring device aimed directly at the light source. Measurements shall be taken in a manner that eliminates to the greatest extent possible other light sources.

(d)

Light trespass. All luminaries shall be directed so as to confine the area of light dispersion to the property and/or building area which it is intended to illuminate. Specifically, the maximum permitted illumination level at the property line shall be no greater than 0.1 horizontal footcandles.

(e)

Shielding. All luminaries with HID lamps over 2,000 lumens shall be fully shielded.

(f)

Recreational uses. All outdoor recreational facilities as defined in section 58-8 on residential property shall be allowed to keep their approved outdoor lighting on until 9:00 p.m. Sunday through Thursday and 10:00 p.m. on Friday and Saturday. Underwater swimming pool lighting is exempt from this requirement.

(g)

Exceptions to the residential outdoor lighting regulations. The planning commission, may approve exceptions to the provisions of this subsection where, in their opinion, strict compliance to the regulations is impractical and the alternative would further the public interest.

(Ord. No. 2010-1308, § I, 3-9-2010)

No dwelling may be used for short-term rental except as described in this section. Short-term rentals of dwellings shall only be allowed as an accessory use to the principal residential use of any property in those districts designated in this chapter and only on the following terms:

(1)

The owner of the dwelling shall, prior to allowing the dwelling to be used for short-term rental, obtain a short term rental permit from the City by completing and submitting an application together with the fee, if any, designated by the city.

(2)

No short-term rental permit shall be issued, and any permit issued hereunder may be revoked by the common council, if: (i) property taxes for the property are overdue; (ii) the owner otherwise owes money to the city beyond any applicable due date; (iii) there are any uncorrected municipal land use violations; or (iv) the property is a nuisance property. A property shall be deemed a nuisance property under this section if, during the three years immediately before the date of initial application, or during any three-year period after receiving a permit hereunder, the owner or its renters have been or are convicted of two or more violations of any of the following for activities occurring at or about the property: this section or the city's land use, public nuisance, safety nuisance or similar municipal ordinances, including without limitation the nuisance provisions of chapter 50.

(3)

The owner shall be responsible for the conduct of all renters and shall be subject to citation for municipal violations to the same extent as such renters.

(4)

A parcel may not be used for short-term rental while it is being used for long-term rental and may not have more than one short-term rental use at any time.

(5)

The maximum number of people occupying a dwelling at any time during a short-term rental shall not exceed the number of occupants allowed under chapter 10.

(6)

A short-term rental occupancy period shall be the shorter of the following periods: (1) the period specified in a written or oral rental agreement for such rental; or (2) the period in which substantially the same people occupy the dwelling without material interruption.

(7)

Each short-term rental occupancy period shall be for a minimum of two consecutive nights. Single night rentals shall not be allowed.

(Ord. No. 2016-1487, § III, 1-10-2017)

(a)

No obstructions greater than three feet in height (exceptions necessary street signs and public utility lines) above the elevation of the street intersection shall be permitted within the triangular space formed by any two existing or proposed intersecting local or collector street, right-of-way lines and a line joining points on such lines located a minimum of 30 feet from their intersection.

(b)

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distance establishing the triangular vision clearance space shall be increased to 50 feet.

(Code 1957, § 3.15(1))

(a)

In any commercial, institutional or industrial district, off-street loading and unloading space shall be provided in addition to the required off-street parking area for every building in excess of 3,000 square feet in area, exclusive of storage area, used for commercial or industrial purposes.

(b)

An individual loading space shall be at least 12 feet wide by 65 feet long and have a minimum clearance of 14 feet.

(c)

The number of such spaces provided shall be based upon the operating characteristics of the individual use and shall be subject to approval by the planning commission upon the submittal of site and operational plans.

(d)

No building for commercial or industrial purposes shall be erected on a lot in a manner requiring servicing directly from the abutting public street.

(e)

The use of public streets for the maneuvering of trucks to service industrial or commercial buildings is expressly prohibited. Sufficient on-site space shall be provided for such maneuvering.

(Code 1957, § 3.15(2); Ord. No. 2008-1238, § I, 4-8-2008)

In all districts and in connection with every use, 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)

Approval. All business, institutional, park, multi-family residential and industrial parking areas which are constructed, reconstructed, expanded or extended subsequent to the adoption of this chapter shall obtain approval of the proposed parking site plan by the city planning commission. Businesses without approved parking lot plans on file with the city must submit repaving plans to the city for approval.

(2)

Adequate access. Access to a public street shall be provided for each parking space and driveways shall be at least ten feet wide for one and two-family dwellings and a minimum of 22 feet wide for all other areas.

(3)

Dimensional requirement. Parking spaces, driveways and aisles for access to spaces shall have the minimum dimensions in subsection (4) unless specifically varied by the planning commission.

(4)

Dimensional requirement. Parking spaces, driveways and aisles for access to spaces shall have the following minimum dimensions unless specifically varied by the planning commission, or park and open space board if parking is proposed within a city owned park or preserve:

Stall width, ten feet.

Stall depth, 18 feet.

Parking aisle width.

Two-way traffic (90 degrees), 25 feet.

One-way traffic (60 degrees), 18 feet.

Driveway (no parking stalls).

Two-way traffic, 22 feet.

One-way traffic, 12 feet.

(5)

Parking spaces for use by physically handicapped persons. At least two percent of off-street parking spaces shall be reserved for use by the physically handicapped in accordance with the following minimum standards:

a.

There shall be a minimum of one stall for the physically disabled within parking areas containing up to 50 stalls.

b.

The minimum dimensions for all parking spaces provided for use by physically disabled persons shall be 12 feet by 18 feet.

c.

Parking spaces provided for the use of physically disabled persons shall be located as close as possible to an entrance which allows such persons to enter and leave the parking area without assistance.

d.

All parking spaces provided for the use of physically disabled persons shall be marked with a sign which includes the international symbol for barrier-free environments and a statement informing the public that the parking space is reserved for use by physically disabled persons. Such signs shall comply with the requirements of Wis. Stats. § 346.50, Wis. Stats. § 346.503 and Wis. Stats. § 346.505.

(6)

Surfacing. All off-street parking areas, and driveways, except parking areas accessory to single-family and two-family dwellings, shall be surfaced with a bituminous or Portland cement concrete pavement in accordance with the "City of Mequon Standard Specifications for Land Development, Seventh Edition, December 2002, or any amendment or revision thereof approved by the common council. Such parking areas shall be graded to appropriately drain all surface waters and shall be kept free of dust, loose stones, and gravel. Such parking areas shall be so arranged and marked to provide for orderly and safe parking and storage of vehicles and must be completed within one year of issuance of the building permit. In addition, a qualified city representative shall inspect all surfaces and no occupancy permit or similar authorization will be issued unless the surface meets city requirements or an appropriate escrow or performance bond is established for future pavement installation.

(7)

Flexibility in application. The city recognizes that, due to the particulars of any given development, the inflexible application of the parking standards set forth in this section may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations on adjacent streets as well as unauthorized parking in nearby lots. The latter situation wastes money as well as space that could more desirably be used for valuable development or environmentally useful open space. Therefore, the planning commission may allow deviations from the requirements of this section whenever it finds that the deviation will not adversely impact traffic circulation or public safety.

(8)

Space to be set aside for reduced parking. The site plan for the commercial or industrial use may, subject to planning commission approval, be designed to provide sufficient open space on the subject site to accommodate the additional parking spaces otherwise required by this section. Such open space shall be in addition to required yards, setbacks, driveways, private streets, loading and service areas and open space requirements. Sufficient open space shall be provided which, if converted to parking spaces, would provide off-street parking to meet the full requirements of this section at the time of application.

(9)

Changes in occupancy or intensity of use. When the parking needs of a building, structure or site are increased due to additional employees, gross floor area, seating capacity or due to a change of occupancy, additional parking spaces shall be approved by the city and constructed in the amount necessary to conform to this article.

(10)

Required number of stalls. The following parking standards shall be applied unless deviations have been specifically approved by the planning commission in accordance with section 58-441.

a.

Residential uses.

1.

Single-family dwellings and two-family dwellings. Two spaces per dwelling unit (excluding garages)

2.

Multi-family dwellings.

(i)

One-bedroom, 1.75 enclosed parking spaces per unit

(ii)

Two-bedroom, 2.0 enclosed parking spaces per unit.

(iii)

Three-bedroom, 2.0 enclosed parking spaces per unit.

(iv)

Guest parking requires one parking stall for every two units.

3.

Housing for the elderly. One space per dwelling unit plus one space per employee.

b.

Hotels and motels. One parking space per room or unit plus one parking space for every two employees plus one space per three persons of maximum capacity of each public meeting and/or banquet room.

c.

Private clubs and lodges. One parking space per lodging room and one parking space per three seats in accordance with design seating capacity of the main meeting room plus one parking space per employee.

d.

Schools, institutions and related uses.

1.

Elementary schools and high schools. One space per teacher and staff member, one space per classroom, plus one space per six students 16 years of age and older.

2.

Colleges, universities and trade schools. One space for each teacher and staff member during the highest class attendance period, plus one space for each two students during the highest attendance.

3.

Children's nursery schools or day schools. One space per employee for the work shift with the largest number of employees, plus one space per six students at the highest class attendance period.

4.

Churches and temples. One space per four seats based on the maximum capacity of the facility.

5.

Libraries. One space per 250 square feet of gross floor area or one space per four seats of maximum capacity, whichever is greater, plus one space per employee for the work shift with the largest number of employees.

6.

Nursing homes. One space per three patient beds, plus one space per employee for the work shift with the largest number of employees.

7.

Hospitals. Two spaces per three patient beds, plus one space per employee for the work shift with the largest number of employees.

e.

Auditoriums, theaters and other places of assembly. One space per three seats based on maximum capacity of facility.

f.

Recreational uses (commercial and non-commercial).

1.

Bowling alleys. Five spaces for each lane, plus one space per employee for the work shift with the largest number of employees.

2.

Golf courses. 90 spaces per nine holes plus one space per employee for the work shift with the largest number of employees.

3.

Golf driving ranges. One space per tee plus one space per employee for the work shift with the largest number of employees.

4.

Indoor tennis, racquetball and handball courts. Three spaces per court plus one space per employee for the work shift with the largest number of employees.

5.

Miniature golf courses. One and one-half spaces per hole plus one space per employee for the work shift with the largest number of employees.

6.

Skating rinks, ice or roller. One space per 200 square feet of gross floor area.

7.

Health and athletic clubs. One space per three persons that can be accommodated at the same time and one space per employee.

g.

Retail, entertainment and customer service establishments. One space per 200 square feet of gross leasable area plus one space per employee, except as specifically set forth below:

1.

Financial institutions. One space per 300 square feet of gross leasable area plus one space per employee.

2.

Funeral homes. One space per three patron seats of maximum capacity or 35 spaces per chapel unit, whichever is greater.

3.

Grocery stores or supermarkets. One space per 100 square feet of gross leasable area.

4.

Repair services. One space per 300 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

5.

Restaurant, standard. One space per 100 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

6.

Restaurant, fast food/carryout. One space per 75 square feet of gross floor area plus one space per two employees for the work shift with the largest number of employees. Sufficient space shall be provided for a minimum of five waiting vehicles at each drive-thru.

7.

Personal services. One space per 200 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

8.

Convenience grocery store. One space per 150 square feet of gross floor area. If associated with a gasoline station, gasoline pump parking shall be considered as parking stalls.

9.

Taverns, dance halls, night clubs and lounges. One space per 100 square feet of gross floor area plus one space per employee for the work shift with the largest number of employees.

10.

Motor vehicle sales establishments. Two customer parking spaces per salesperson for the work shift with the largest number of employees plus one employee parking space per employee (including salespersons) for the work shift with the largest number of employees.

11.

Motor vehicle repair, maintenance and service stations. Three spaces per indoor service bay plus one space per employee for the work shift with the largest number of employees.

12.

Animal hospitals. Three patron parking spaces per doctor, plus one space per employee for the work shift with the largest number of employees.

13.

Shopping centers (gross leasable area of at least 30,000 square feet). Five spaces per 1,000 square feet of gross leasable area.

14.

General merchandise stores. Five spaces per 1,000 square feet of gross leasable area.

15.

Convention or conference center. One space per three persons based on the occupancy load, plus one space per employee on the largest shift.

16.

Banquet or reception hall. One space per three persons based on the occupancy load, plus one space per employee on the largest shift.

h.

Offices.

1.

Medical, dental and similar professional health service offices. Five patron parking spaces per doctor, plus one parking space per employee for the work shift with the largest number of employees.

2.

Government, professional and business offices. One space per 200 square feet of gross leasable area.

i.

Industry and related uses.

1.

Manufacturing, processing, fabrication and storage operations. One space per employee for the two consecutive work shifts with the largest number of employees.

2.

Wholesale business. One space per employee for the work shift with the largest number of employees, plus one space per 2,500 square feet of gross floor area.

3.

Warehouse. One space per employee for the work shift with the largest number of employees, plus one space per 5,000 square feet of gross floor area.

4.

Mini-warehouse. One space per ten storage cubicles

j.

Other uses. Parking spaces for uses not listed shall be provided in accordance with recommendations of the planning commission, or park and open space board if parking is proposed within a city owned park or preserve.

(11)

Residential parking. The provisions of this subsection shall apply to the following vehicles: Automobiles, trucks, vans, snowmobiles, mopeds, boats, all-terrain vehicles, camping trailers, mobile homes, motor homes, pick-up campers, motor buses, road tractors, truck tractors, motorcycles, trailers, semi-trailers, panel trucks, dump trucks, road machinery, farm implements, riding lawn care/snow removal tractors, and other such engine driven devices or vehicles designed to be towed by a motor vehicle, collectively referred to herein as "vehicles" unless otherwise specifically stated.

a.

The unenclosed parking or storage of unlicensed, unregistered, inoperable or junk vehicles is expressly prohibited within the City of Mequon.

b.

The unenclosed parking or storage of more than one licensed but non-operated vehicles is not permitted for longer than 180 consecutive days beyond which time the vehicles must either be enclosed in a garage or removed from the site.

c.

The unenclosed storage of snowmobiles, mopeds, boats, all-terrain vehicles, camping trailers, mobile homes, motor homes, pick-up campers, trailers, panel trucks, snow removal tractors, or other similar vehicles shall be regulated as follows.

1.

One vehicle as listed above shall be permitted, provided such vehicle does not exceed 10,000 pounds empty weight, a total length of 20 feet, or an overall height of ten feet. Note: lawnmowers, snow throwers, bicycles, canoes and other non-motorized watercraft not located on a trailer shall not be subject to this limitation and are regulated in section 58-420. Storage of these vehicles shall at all times be closer to the principal residence than any adjoining lot line but never within 20 feet of a side lot line or 40 feet of an abutting right-of-way. Furthermore, such storage shall be restricted to vehicles owned by the resident of property upon which the vehicles are parked or stored. All vehicles must be parked or stored on an impervious surface. Vehicles shall not be permitted in the regulatory floodway.

2.

In addition to what is permitted in subsection 1, one vehicle not exceeding 27 feet in length shall be permitted from May 1 to October 31 of each year. The locational requirements found in subsection 1 apply. Vehicles greater than 27 feet in length may be allowed from May 1 to October 31 on a temporary basis not to exceed seven consecutive days subject to approval of the community development director. Such approval may include additional restrictions to mitigate the visual effect such parking or storage may have on the surrounding neighborhood.

d.

The unenclosed parking or storage of personal use automobiles, trucks and vans with an empty weight of not more than 10,000 pounds, total length of not more than 22 feet and overall height of not more than ten feet shall not be restricted in number unless, as determined by finding of City of Mequon department of community development and/or planning commission, the number of personal use automobiles, trucks and vans parked on an individual property is excessive, unusual or atypical with respect to the character of the surrounding neighborhood. If such finding occurs, the city may limit the number of unenclosed automobiles parked on a single property. Additionally, all personal use automobiles, trucks and vans shall be parked only on a driveway or an impervious surface and be owned by the residents or guests of the residents of the property upon which the vehicles are parked or stored.

e.

Unenclosed parking or storage of any vehicles not specifically identified or permitted in this subsection shall require specific approval by the director of community development and/or planning commission. Approval may be based on, among other things, evidence that appropriate screening is available or will be installed to mitigate the visual effect such parking or storage may have on the surrounding neighborhood.

f.

The conditions set forth in this subsection shall not contravene any other ordinance of the city which can be construed as more restrictive than the terms set forth herein.

g.

Where applicable, definitions of the terms utilized in this subsection shall be in accordance with definitions listed in Wis. Stats. ch. 340.

(Code 1957, § 3.15(3); Ord. No. 97-910, 2-11-1997; Ord. No. 2001-1017, § XXVIII, 5-8-2001; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2013-1401, § I(Att.), 10-8-2013; Ord. No. 2017-1506, § IV, 10-10-2017; Ord. No. 2022-1633, § I(Exh. A), 1-10-2023; Ord. No. 2023-1651, § I(Exh. A), 7-11-2023)

(a)

No direct private access shall be permitted to the existing or proposed rights-of-way of any street without permission of the highway agency that has access control jurisdiction and the city. Unless waived by the planning commission, access shall be permitted to the existing or proposed rights-of-way in accordance with the following schedule:

ARTERIAL STREET OR HIGHWAY
OPERATING SPEED
AND MINIMUM SPACING
BETWEEN DIRECT
ACCESS DRIVEWAYS

(b)

Intervals between a driveway and street intersection shall be no less than 75 feet as measured along the ultimate road right-of-way.

(c)

The regulations in this section shall not preclude access to any existing parcel of land.

(Code 1957, § 3.15(4); Ord. No. 2008-1238, § I, 4-8-2008)

The purpose of the regulations and standards in this section is to provide consistent screening and surfacing standards for outdoor storage.

(1)

Permit. Any outdoor storage is subject to an approved outdoor storage permit issued by the department of community development.

(2)

General requirements.

a.

No outdoor storage shall be located in the required setbacks, offsets or located closer to public streets than the principal structures on the property. No outdoor storage is permitted on a vacant property.

b.

No outdoor storage or associated structural screening shall exceed eight feet in height.

c.

A combination of structural and landscaping screening is required for outdoor storage. Structural screening shall be architecturally consistent with the materials, including masonry, and the colors and design of the principal structure. Landscape screening shall be consistent with the formal landscaping plan of the site, shall provide year-round density and shall soften the aesthetic of the structural screening. Signage hung or attached to the screening is prohibited.

d.

Chain link fencing is prohibited.

(3)

Screening.

a.

Screening of outdoor storage is required from any of the following:

1.

Public street or freeway;

2.

Publicly accessible open space area, path, parking area, access driveway, or other similar thoroughfare;

3.

Developed property where public access or view to areas of any public, quasi-public, commercial or industrial use; or

4.

Undeveloped property where public access or view to areas adjoining the outdoor storage use is expected.

5.

Existing or area zoned for residential.

(4)

Surfacing. Outdoor storage areas shall be graded and drain all surface water within the area to a city approved stormwater management facility. Outdoor storage areas may be surfaced with partially permeable materials if adequate drainage and erosion and dust control are provided.

(5)

Lighting. Any lighting used to illuminate an outdoor storage area shall be directed and shielded as to not illuminate any area other than the outdoor storage area and is subject to section 58-567—Outdoor lighting installation.

(Ord. No. 2021-1603, § I(Exh. A), 11-9-2021)