(a)

Vision setback at intersections of public streets and alleys.

(1)

Where two public streets intersect at grade level or an alley and street should intersect, the intersection shall exclude all buildings, structures and other obstructions to view; including shrubbery and trees, except highway and street signs, and utility and traffic signal poles from the triangles adjacent to the intersection described as follows:

a.

At the intersection of two street rights-of-way, a triangle bounded on two sides by the intersecting streets and on the third side by a line drawn so as to intersect the curbline or road edge at points 35 feet distant from the point of intersection of the street boundaries at the corner.

b.

At the intersection of a street right-of-way and an alley right-of-way a triangle bounded on two sides by the intersecting rights-of-way and a line drawn so as to intersect the rights-of-way at a point ten feet distant from the point of intersection of the rights-of-way.

(2)

In situations where trees of large diameter, large numbers of trees, or some combination of these are present, this provision shall be construed to mean that a sufficient number of trees shall be removed so that an object such as a motor vehicle is clearly visible across the vision clearance triangle from one street or road to another, the intent being to provide for the public safety; but it shall not be construed to mean that every tree in the vision clearance triangle must be removed.

(b)

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

(Ord. No. 2011-12, 12-13-2011)

(a)

Loading space. On every lot on which a new business, commercial or industrial use is hereafter established, loading 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 the 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)

Surfacing. All open off-street loading berths shall be improved with a minimum pavement section of seven inches compacted gravel base, surfaced with not less than two inches of asphalt or five inches of concrete, or as may be determined by a pavement thickness design, to provide an all weather dustless surface.

(e)

Size. An individual loading space shall be at least 15 feet wide by 70 feet long and have a minimum height clearance of 16 feet.

(f)

Utilization. Space allocated to any off-street loading berth shall not, be used to satisfy the 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 the 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.

(h)

Unlawful truck use. No truck or semitrailer, or part thereof, shall be used for the purpose of permanent storage of goods or material, or for advertising purposes within the city. Use for a period in excess of two weeks for the purpose of storage or advertising shall, for the purpose of construction of this zoning code, be deemed permanent use in violation of this chapter.

(Ord. No. 2011-12, 12-13-2011)

The off-street parking provisions of this chapter shall apply to all buildings and structures erected after the effective date of the ordinance from which this chapter is derived. Accessory parking shall be according to the provisions of this article; where an intensity of use of any building or premises shall be increased, additional parking to match the increased intensity shall be provided; or wherever an existing use within an existing building or structure is converted to a new use, parking shall be provided according to the requirements of the new use. All new nonresidential parking lots and all alterations of existing lots shall be subject to the review and approval by the zoning administrator and engineering department prior approval. Detailed plans shall be required and include existing and proposed topography, improvements, grading, drainage, landscaping, and if appropriate, lighting. 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. Each off-street parking space shall open directly upon an aisle or driveway designed to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(2)

Design standards.

a.

Each parking space shall not be less than 18 feet in length and nine feet in width, exclusive of aisles and access drives. No parking area of more than two spaces shall be designed to require any vehicle to back into a public street.

b.

Adequate parking spaces shall be provided in accordance with Americans with Disabilities Act recommendations. Sufficient number of designated spaces shall be included with each proposed, enlarged, or extended parking lot plan. The provisions contained in Wis. Stats. §§ 101.13, 346.503, and 346.56, and any state administrative code sections adopted pursuant thereto are hereby adopted by reference and made applicable to all parking facilities whenever constructed.

(3)

Location.

a.

All parking spaces required herein shall be located on the same lot or parcel with the building or use served, except in cases where off-street parking facilities are located on land other than the same lot as the principal use. Such facilities shall be in the same control or possession as the lot or parcel occupied by the use to which the parking facilities are necessary or in the possession of the controller of the principal use to which the parking facilities are accessory. Such possession shall be by deed, lease or easement, 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. Such agreements shall be approved by the city attorney.

(4)

Surfacing and marking.

a.

All off-street parking areas, or parking lots in the front or side yards of multi-family and commercial zoning districts and within 100 feet of a street right-of-way or the front yards of an industrial zoning district shall be surfaced with an all weather surface, such as bituminous or asphaltic mixtures, or concrete, or paving brick or blocks to reduce fugitive dust, aggregate, or particulate emissions.

b.

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

(5)

Drainage. All parking lots 3,000 square feet or larger shall have a storm water drainage plan and be drained internally with a combination of storm water collection structures, and storm sewers connected to a municipal storm sewer as approved by the engineering department. Alternate draining methods, such as porous pavements or rain gardens may be utilized but require prior approval by the zoning administrator and engineering department.

(6)

Landscaping.

a.

Accessory landscape area. All public and private off-street parking areas which serve ten vehicles or more, and created, redesigned or rebuilt shall provide accessory landscape areas totaling not less than five percent of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet or as may be approved by the engineering department.

b.

Location. Location of landscape areas, plant materials and protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the engineering department. 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 and requirements as determined by the zoning administrator.

c.

Special residential requirements. Non-residential parking areas for five or more vehicles if adjoining a residential zoning district shall be screened from such use by a wall, hedge, or fence. Evergreen planting of equivalent visual density or other effective means may be installed and maintained at a minimum height of four feet and maximum height of eight feet as an alternative.

d.

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

e.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from adjacent 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 within a business, commercial, or industrial district: One footcandle in a residential district.

(7)

Curbs. Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

(8)

Temporary off-street parking. Temporary off-street parking shall be allowed in public and park and recreation zoning districts on a limited basis from time to time for special events such as concerts, fairs, carnivals, picnics and festivals when the expected attendance would exceed designated off-street and on-street parking areas and lots in the neighborhood and within reasonable walking distance of the event. Temporary off-street parking is permitted within all yards of the public or park and recreation zoning districts provided:

a.

Temporary parking in excess of four continuous days shall not be allowed except by condition use permit.

b.

Overnight parking or camping shall not be permitted except by issuance of a permit issued by the Merrill Police Department.

Nothing in this subsection (8) shall extend to any lands owned, leased or controlled by Lincoln County, Wisconsin or City of Merrill, Wisconsin.

(9)

Number of spaces. The number of parking spaces required are shown in the following table. Unless specifically noted in this or other chapters, a parking plan shall be submitted which gives a rational for the number of spaces to be provided. No parking spaces provided on public properties or rights-of-way shall be included as part of the minimum off-street parking required.

(10)

Employee parking. In addition to the requirements in subsection (9) of this section, in all districts, except industrial, there shall be employee off-street parking provided at the ratio of one off-street parking space for each fulltime employee. A fulltime employee shall be one working 40 hours per week. Required parking spaces for part-time employees shall be arrived at by finding the equivalent hours of number of parking spaces needed for fulltime employees based on hours worked. The number of employee parking spaces shall be based on employment at the time the building is erected, enlarged, structurally altered or changed to a higher classification use.

(11)

Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply, as determined by the zoning administrator.

(12)

Computing requirements. In computing the number of spaces required, the following rules shall govern:

a.

Floor space shall mean the gross floor area of the specific use.

b.

For structures containing more than one use, the required number of spaces shall be computed by adding the space required for each use.

c.

Where parking spaces are calculated according to the use of the parcel.

(13)

Combined uses. Combinations of any of the uses mentioned in this section shall provide the total of the number of spaces 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 common council, executed by the parties concerned, for joint use of off-street parking facilities shall be filed with the city clerk-treasurer. Said instrument may be a three party agreement, including the city and all private parties involved. Such instrument shall first be approved by the city attorney.

(14)

Changes in buildings or use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 20 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.

(15)

Off-lot parking.

a.

Off-lot parking spaces for multi-family residential uses shall be within 250 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 500 feet of the entrance of the establishment.

b.

Accessory parking for business, commercial, or industrial may be located in residential districts provided that said lots or property are immediately adjacent to a commercial, business or industrial zoning district.

c.

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

(16)

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

(17)

Off-street parking. Off-street parking and loading requirements for all uses in the business district shall be as provided in article VI of this chapter, unless specifically altered as follows:

a.

No parking or loading space shall be required for a commercial building erected, structurally altered, enlarged or changed to a higher classification if the floor area is less than 12,000 square feet, except as provided in this subsection.

b.

Any building containing one or more residential dwelling units shall provide one parking space per dwelling unit regardless of the floor area of the building. If a building is occupied with another classification, the residential floor area shall not be computed as part of the floor area requirements for the building.

c.

Off-street parking space shall be provided for each employee employed at the time of erection, enlargement, structural alteration or change of a building to higher classification.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2020-05, § 1, 2-11-2020)

(a)

No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, or 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 or 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, except where the existing permitted lot width for the zoning district is less than 120 feet wide.

(b)

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

(c)

Temporary access to the rights-of-way mentioned 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.

(Ord. No. 2011-12, 12-13-2011)

(a)

Vehicle limitations.

(1)

In a residential district, accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of motor vehicles of patrons, occupants or employees.

(2)

All vehicles parked on a residential lot shall be in a condition for safe and effective performance of the function for which they are designed.

(3)

All motor vehicles parked on a residential lot shall display current license plates.

(4)

Any trailer, camper, motorhome, boat or other recreational vehicles may not be parked on any street or right-of-way for more than three consecutive days in any district.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2012-09, § 1, 6-12-2012; Ord. No. 2020-06, § 1, 2-11-2020)