Onalaska City Zoning Code
CHAPTER 03
General Development Standards
[Amended 9-9-2025 by Ord. No. 1830-2025]
13.03.11 Applicability.
A.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive or other hazard, noise or vibration, smoke, dust, odor or other form of air pollution, heat, cold, dampness, electrical or other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"). For proposed new uses where there is a question about whether there will be compliance with the performance standards, the applicant shall submit a plan of the proposed construction or development, including a description of the proposed machinery, processes, products and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements.
13.03.12 General performance standards.
A.
Traffic visibility. (See Figure 13.03.12-1)
1.
No obstructions such as structures, parking or vegetation shall be permitted in any district between the heights of 2 1/2 feet and 10 feet above the plane through the mean curb grades within a triangular space at the street corner of a corner lot or at the intersection of a public alley with a street. Such space shall be determined by measuring 20 feet each way from the corner lot at the street intersection on each street lot line, or, in the case of an alley, by measuring 10 feet along the street line and 10 feet along the alley lot line and forming a triangle by striking an imaginary line between said points of measurement.
Figure 13.03.12-1 Traffic Visibility  |
B.
Noise.
1.
All operations and activities within the City must conform to the City's Noise Ordinance as set forth in Title 11.
C.
Vibration.
1.
No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. "Vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
2.
Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
D.
External lighting.
1.
External lighting installations shall not be permitted closer than three feet to an abutting parcel line and be adequately shielded and hooded so that glare or illumination does not exceed one footcandle measured at the lot line.
2.
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 one footcandle measured at the lot line.
3.
Where not specifically otherwise regulated, light poles shall not exceed 30 feet in height.
4.
No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the boundary of an Industrial or Commercial District.
E.
Odor.
1.
No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in § NR 429.03 Wis. Adm. Code, as may be amended.
F.
Particulate emissions.
1.
No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Chapter NR 415, Wis. Adm. Code, as may be amended.
G.
Visible emissions.
1.
No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Chapter NR 431, Wis. Adm. Code, as may be amended.
H.
Hazardous pollutants.
1.
No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Chapter NR 445, Wis. Adm. Code, as may be amended.
I.
Fire and explosion hazard.
1.
All activities involving and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standards in the industry. Burning of waste materials in open fire shall be prohibited. The relevant provisions of state and local laws and regulations shall also apply.
J.
Liquid or solid wastes.
1.
No discharge at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accord with standards approved by the Department of Health of the state or standards equivalent to those approved by such Department for similar uses of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements.
K.
Drainage designs.
1.
Runoff water from parking lots, roofs and driveways shall not be allowed to cross sidewalks or to directly run onto private property that is not a part of the site unless easements have been obtained. Surface runoff waters shall be directed into municipal facilities; where municipal facilities are not available, a dry well or drainage area owned or controlled by the owner or developer shall be provided.
13.03.21 Parking.
A.
A site plan permit application, including layout of parking spaces and water drainage, of any parking area for more than five vehicles, shall be submitted to the Zoning Administrator for approval prior to commencement of construction. Requests for said parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations.
B.
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.
Minimum standards.
a.
The size of each parking space shall be not less than 162 square feet exclusive of the space required for ingress and egress, each stall being a minimum of nine feet wide and 18 feet in depth; however, handicap parking stalls shall meet ADA requirements.
b.
Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: 11 feet for 30° parking; and 20 feet for 90° parking.
c.
Minimum width of aisles providing access to stalls for two-way traffic shall be 24 feet.
d.
No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street.
e.
Tandem parking (one vehicle behind another) layouts are not permitted except for single-family and two-family dwellings.
f.
The City may permit compact parking stalls in the D-PUD Overlay District, but said stalls shall not be less than 80 square feet total or eight feet by 10 feet.
3.
Location.
a.
Off-street parking shall be on the same lot as the principal use except where off-lot parking is provided by an agreement with a neighboring owner.
b.
Off-street parking is permitted in all yards of residential districts, but shall not be closer than three feet to any lot line. Off-street parking in the R-1, R-2 and RMMH Districts shall only be permitted in the driveway or on an approved hard surface, including concrete, asphalt or gravel.
c.
Off-street parking is permitted in all yards of R-3, R-4 and nonresidential districts shall not be closer than five feet to a nonresidential side lot line, right-of-way line or rear lot line and shall be permitted in driveways or on approved hard surfaces, including concrete or asphalt.
4.
Surfacing. All off-street parking areas shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds, which is normally two inches of bituminous concrete on a four-inch base, or five inches of concrete will meet this requirement. Any parking area for more than five vehicles shall have the aisles and parking spaces clearly marked. Surfacing shall be completed before an occupancy permit is issued, except that between November 1 and April 1, the property owner and City may enter into an agreement that required surfacing be completed no later than June 1.
5.
Landscaping. 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. All off-street parking areas are subject to landscaping standards in Section 13.03.31E.
6.
Curbs. Curbs or barriers shall be installed a minimum of four feet from a property line so as to prevent the parked vehicles from extending over any lot lines.
7.
Number of spaces. The minimum number of off-parking spaces required are shown in the following table:
Table 13.03.21-1 Off-Street Parking Spaces Required | |
|---|---|
Use | Minimum Off-Street Parking Spaces Required |
Residential | |
Dwelling, single-family | 2 spaces per dwelling unit |
Dwelling, manufactured or mobile home | 2 spaces per dwelling unit |
Dwelling, two-family | 2 spaces per dwelling unit |
Dwelling, zero-lot-line | 2 spaces per dwelling unit |
Dwelling, attached townhouses or row houses | 1.5 spaces per dwelling unit |
Dwelling, apartment, mixed use | 1.25 spaces per dwelling unit |
Dwelling, live/work | 1 space per dwelling unit |
Dwelling, apartment | 1.25 spaces per dwelling unit |
Dwelling, senior independent living | 0.5 space per dwelling unit |
Group home for adults | 1 space per every 5 beds plus 1 space per every 3 employees |
Group home for foster children | 2 spaces per dwelling unit |
Senior care facility | 1 space per every 5 beds plus 1 space per every 3 employees |
Hotel or motel | 1 space for each guest room, plus 1 space per every 3 employees |
Public, Social, Health Care | |
Child-care center, licensed group | 1 space per employee on the maximum work shift, plus 1 space per every 10 children |
Clinic, including medical, dental, or therapeutic | 1 space per 250 square feet of gross floor area |
Club, lodge, or meeting place of a noncommercial nature | 1 space per every 4 persons of the maximum building occupancy |
Correctional facility | 1 space per employee on maximum work shift, plus 1 space per every 25 inmates |
Day-care center, adult | 1 space per employee on the maximum work shift, plus 1 space per every 5 patients |
Diagnostic or medical, research or scientific laboratory | 1 space per 300 square feet of usable floor area |
Funeral home, mortuary | 1 space per 50 square feet of floor area in parlors or assembly rooms |
Hospital | 1 space per every 5 beds plus 1 space per every 3 employees |
Inpatient nursing, supervision, and other rehabilitative services | 1 space per every 5 beds plus 1 space per every 3 employees |
Municipal social, cultural, or recreational facility | 1 space per every 4 persons of the maximum building occupancy |
Municipal, county, state or federal administrative or services building | 1 space per 300 square feet of usable floor area |
Outpatient health-care center | 1 space per 250 square feet of gross floor area |
Place of worship | 1 space per every 5 seats |
School, college/university/trade/business | 1 space per employee, plus 5 spaces per classroom |
School, elementary | 1 space per employee |
School, secondary | 1 space per employee, plus 5 spaces per classroom |
Social assistance, welfare, or charitable services | 1 space per 250 square feet of gross floor area |
Commercial | |
Animal/veterinary clinic or hospital | 1 space per each examination and treatment room, plus 1 space per employee on the maximum work shift |
Animal boarding, shelter or day-care center | 1 space per 600 square feet of gross floor area |
Automobile fueling, washing and service station | 1 space per 2 gas pumps |
Automobile repair and service, minor | 2 spaces per service bay, plus 1 per each employee |
Automobile repair and service, major | 2 spaces per service bay, plus 1 per each employee |
Automobile sales, leasing and service | 1 space per 1,000 square feet of gross floor area for indoor display area. Parking stalls for inventory only are not required to be individually striped, but shall be delineated in a way to demonstrate compliance with parking stall minimums. |
Bar or drinking place, brew pub | 1 space per 75 square feet of gross floor area |
Office building/professional service/business incubator/financial institutions and banks and payday etc. | 1.5 spaces per every 2 employees or 1 space per 300 square feet of gross floor area, whichever is greater |
Restaurant | 1 space per 4 seats provided for patron use |
Retail with residential above street level | 1 space per 250 square feet of retail gross floor area, plus 1 space per residential unit |
Retail with office above street level | 1 space per 250 square feet of gross floor area, plus 1.5 spaces per every 2 employees or 1 space per 300 square feet of gross floor area, whichever is greater |
Retail store, low-intensity | 1 space per 300 square feet of gross floor area |
Retail store, medium-intensity | 1 space per 300 square feet of gross floor area |
Retail store, high-intensity | 1 space per 250 square feet of gross floor area |
Contractor/trade supply store | 1 space per 250 square feet of gross floor area |
Shopping center, community | 1 space per 300 square feet of gross floor area |
Shopping center, regional | 1 space per 250 square feet of gross floor area |
Standalone store | 1 space per 250 square feet of gross floor area |
Storage facility, personal | 1 space per 1,000 square feet of storage space |
Studio or gallery | 1 space per 250 square feet of gross floor area |
Industrial | |
Brewery, winery or distillery | 1.5 spaces per every 2 employees on the maximum work shift |
Construction contractor yard | 1 space per 500 square feet of gross floor area of office, sales, or display area, plus 1 space per 5,000 square feet of storage area |
Makerspace | 1 space per 1,000 square feet of gross floor area |
Manufacturing, heavy | 1.5 space per every 2 employees on the maximum work shift |
Manufacturing, light | 1.5 spaces per every 2 employees on the maximum work shift |
Outside storage and manufacturing area | 1.5 spaces per every 2 employees on the maximum work shift |
Printing and publishing, large-scale | 1 space per 1,000 square feet of gross floor area |
Scrap or salvage storage yard | 1 space per employee of the maximum work shift, plus 3 visitor spaces |
Storage and sale of machinery and equipment | 1 space per 500 square feet of gross floor area for office, sales, and indoor display/storage area, plus 1 space per 2,000 square feet for outdoor display/storage area |
Warehouse or distribution facility | 1.5 spaces per 2 employees on the maximum work shift |
Wholesale trade establishment | 1 space per every 2 employees |
Arts, Entertainment, Recreation | |
Active park or playground | None required |
Adult-oriented entertainment business | 1 space per 200 square feet of gross floor area |
Indoor recreational facility, commercial or public | 1 space per 200 square feet of gross floor area |
Outdoor recreational facility, commercial | 1 space per 200 square feet of gross floor area |
Outdoor recreational facility, public | 1 space per every 4 persons of the maximum building occupancy |
Theater, dance or music performance facility | 1 space per every 5 seats or spaces equal to 20% of capacity in persons, whichever is greater |
Wellness, fitness and exercise facility | 1 space per 200 square feet of gross floor area |
Natural Resources, Agriculture | |
Arboretum | 1 space per 5,000 square feet of lot area |
Commercial greenhouse or nursery | 1 space per 250 square feet of retail gross floor area, plus 1 space per 2,000 square feet of outdoor display area |
Transportation | |
Ambulance or medical carrier service | 1 space per every 2 employees |
Freight rail yard | 1 space per every 2 employees |
Freight terminal or transshipment facility | 1 space per every 2 employees |
Public passenger transportation terminal (air, bus or rail) | 1 space per 200 square feet of waiting area |
Utilities | |
Essential public services | 1 space per employee of maximum work shift |
Municipal earth or sanitary landfill operation | 1 space per every 2 employees |
Waste collection, storage or processing (sewer, solid, hazardous) | 1 space per 500 square feet gross floor area |
8.
Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar, as determined by the Zoning Administrator or their designee, shall apply. Floor space or area shall mean 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 spaces required.
9.
Combined uses. Combinations of any of the above uses shall provide the total of the number of spaces required for each individual use.
10.
Shared parking. 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. 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.
11.
Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in these ordinances, handicapped parking must conform to ADA and Wis. Adm. Code requirements.
12.
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% 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% 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.
13.
Off-lot parking. Except in the D-PUD Overlay District, 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 the 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 or a written agreement between property owners is on file with the City. Every change of use or property ownership shall require a new written agreement to be filed with the City and recorded in the office of the La Crosse County Register of Deeds.
a.
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 500 feet of the entrance of the establishment.
b.
Accessory parking may be located in residential districts provided that said lots or property are immediately adjacent to a business or industrial zoning district.
c.
All off-street parking lots shall be no closer than five feet to a nonresidential side lot line, right-of-way line, or rear lot line.
14.
Signs. Signs located in parking areas necessary for orderly operation of traffic movement shall be permitted in addition to others as regulated by Title 14, Sign Code.
15.
Lighting. Lighting to illuminate off-street parking areas shall follow the provisions of Section 13.03.12D.
16.
Reduction of parking areas. Off-street parking spaces shall not be reduced in number unless said number exceeds the requirement set forth herein.
13.03.31 Landscaping requirements.
A.
All open areas of a lot not used for buildings, parking, circulations, patios or storage must be landscaped with a combination of canopy trees, ornamental trees, evergreen trees, shrubs, flowers, sod, ground cover, and other site design features to ensure soil stabilization. This requirement shall not apply to undisturbed areas retained in a natural state.
B.
Landscape plans shall be submitted for all site and subdivision related applications where exterior construction and development activity will occur, except for the construction of an individual single-family or two-family dwelling.
C.
Landscape plans shall be prepared by a registered landscaping firm for planned unit developments or development with greater than one acre of site disturbance.
D.
The following minimum number of plant materials shall be provided:
1.
All residential one- and two-family developments shall require two canopy trees per dwelling unit installed in the City right-of-way.
2.
All multifamily, mixed-use, and nonresidential uses shall provide:
a.
One canopy or evergreen tree per 25 linear feet of street frontage.
b.
All structures must have foundation plantings consisting of shrubs, perennials, and native grasses.
c.
All additions, expansions, or additional structures shall require an additional two shrubs per 1,000 square feet of new construction.
E.
Off-street parking area landscaping. (See Figure 13.03.31-1.)
1.
All off-street parking areas containing more than 50 stalls or two or more drive aisles must include landscaped, interior parking lot islands as follows:
a.
Islands are required at the end of each row of cars, at vehicle circulation aisles or driveways, or every 15 stalls, whichever is less.
b.
Islands shall be provided to separate pedestrian and vehicular traffic.
c.
Islands shall contain trees, shrubs, perennials, and native grasses.
d.
Islands shall be bounded by a raised concrete curb or approved equivalent and shall contain mulch to retain soil moisture, unless otherwise approved by the Planning Department.
e.
Turf grass is permitted within landscaped areas located around the periphery of a parking lot.
2.
All open, off-street parking areas shall have a minimum of one square foot of landscaping per 10 square feet of parking using trees, shrubs, or ground cover plants. 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.
Figure 13.03.31-1 Off-Street Parking Area Landscaping  |
F.
All plant materials must:
1.
Meet the minimum standards set by the American National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock.
2.
Landscape species shall be indigenous or proven adaptable to the climate but shall not be invasive species.
3.
Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought, and salt.
4.
Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant size specified in this division.
G.
Not more than 30% of the required number of trees shall be of the same species.
H.
Trees and shrubs can be clustered and do not need to be evenly spaced. It is preferable that trees be located between the sidewalk and the curb, within the landscaped area of a boulevard or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines or if the boulevard is less than five feet, trees may be planted within the front yard setback adjacent to the sidewalk.
I.
The minimum size of plantings shall be as follows:
1.
Canopy trees: two-and-one-half-inch caliper;
2.
Ornamental trees: one-and-one-half-inch caliper;
3.
Evergreen trees: six-foot height; and
4.
Deciduous or evergreen shrubs: five-gallon pot.
J.
Mulch shall consist of shredded bark, chipped wood, or stone installed at a minimum depth of two inches. If stone is used, it shall be spread over a permeable weed barrier fabric. All required plant materials shall be planted prior to issuing a certificate of occupancy. In the event that the project is completed during a time of year when planting is impractical, a security meeting the requirements of and in the amount of the remaining improvements will be required. In such case that a performance guarantee is required, all landscaping shall be completed within one year after the certificate of occupancy has been issued.
K.
The continued maintenance of all required landscaping materials in a live and healthy state is a required responsibility of the owner and tenant of the property. Plantings which have died shall be promptly replaced in accordance with the landscape plan approved for the site. This requirement shall run with the land and be binding upon all future property owners. Failure to comply with this maintenance requirement shall be a violation of this section.
L.
If an approved landscaping plan as part of a planned unit development or a development with greater than one acre of site disturbance has not been installed at the time of a request for a final occupancy permit, the developer, contractor, or property owner shall deposit a security with the City to guarantee compliance with and to indemnify the City for any expenses incurred in enforcing the requirements of this section. The landscaping security for all uses, which does not include one- or two-family dwellings, shall be in a form approved by the Planning Department and shall be equal to 100% of the estimated cost necessary to furnish and plant the required landscaping and any ancillary screening improvements such as fencing. The estimated cost shall be subject to approval by the Planning Department. Upon installation of required landscaping, the developer, contractor, or property owner shall notify the City to request inspection and return of said security.
13.03.41 Requirements and prohibitions.
A.
For the purpose of this division, the term "fence" shall include any enclosed barrier consisting of wood, vinyl, composite, stone or metal intended to prevent ingress or egress.
B.
No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
C.
Property owners shall locate fences so that each side of the fence may be properly maintained by the owner of the fence while on said owner's property.
D.
Fence shall be limited to the following heights in the street, rear, and side year as designated in Figure 13.03.41-1:
1.
Residential zoning districts.
[Amended 7-11-2023 by Ord. No. 1768-2023]
a.
Fences shall not exceed a height of six feet in rear and side yards.
b.
Fences shall not exceed a height of four feet in that portion of the street yard located in front of the addressed street of the home.
c.
For the purposes of corner lots adjacent to traditional street intersections, the following shall apply:
i.
No fences are allowed in the vision triangle;
ii.
That portion of the yard facing the non-addressed street and beginning at the rearmost corner of the residence is not considered a street yard but rather shall be considered a side yard for fencing purposes. The side yard fence may not exceed a height of six feet.
d.
For corner lots adjacent to roundabouts and/or traffic circles, that portion of the yard facing the non-addressed street and beginning at the foremost corner of the residence is not considered a street yard but rather considered a side yard for fencing purposes. The side yard fence may not exceed a height of six feet.
Figure 13.03.41-1 Yard Designation  |
2.
Nonresidential zoning districts.
a.
Fence heights for street yard(s) shall be determined through site plan review and/or review by the Planning Department.
b.
Fence heights for rear and side yards in nonresidential zoning districts may not exceed eight feet in height.
3.
Public zoning districts.
a.
Fence heights for street yard(s) shall be determined through site plan review and/or review by the Planning Department.
b.
Fences may not exceed six feet in height in the rear or side yard, except as needed for public safety purposes, such as a public outdoor swimming pool or tennis courts.
4.
Fence heights may be measured from a point up to three inches above ground elevation to the top of fence.
5.
In the event that a fence is placed on top of a retaining wall or similar structure and shares a vertical support system, the height of the fence shall include the height of both structures. If the fence and the retaining wall have independent vertical support structures, the fence and retaining wall heights may be measured separately.
E.
Fences must meet the following setbacks:
[Amended 6-13-2023 by Ord. No. 1765-2023]
1.
Fences in residential districts may be placed up to the lot line in rear and side yards.
2.
Fences in residential districts shall not be closer than two feet to any public right-of-way.
3.
Fences in all nonresidential zoning districts adjacent to any public right-of-way shall be set back a minimum of two feet or comply with the specified zoning district street yard setback, whichever is less. Fences may be placed up to the lot line in rear and side yards.
13.03.42 Prohibited fences.
A.
No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or height and project toward the fenced property and away from any public area.
13.03.43 Fences to be repaired.
A.
All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
13.03.44 Temporary fences.
A.
Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this division. Temporary fences shall not be erected for more than 45 days.
13.03.45 Nonconforming fences.
A.
Any fence existing on the effective date of this Code of Ordinances and not in conformance with this division may be maintained, but no alteration, modification or improvement of said fence shall occur, unless installed in conformance with this division.
13.03.51 Requirements.
A.
Screening and buffering shall be used to provide visual and noise separation of more-intensive uses from less-intensive uses.
B.
Screening shall be provided alongside and rear property boundaries of business, mixed-use or industrial districts abutting residential uses. Screening for new construction shall consist of the following:
1.
The buffer area abutting the residential use must meet the width shown in Table 13.03.51-1 below:
Table 13.03.51-1 Buffer Requirements | |
|---|---|
Zoning District of Subject Property | Buffer Width (feet) |
R-3 | 10 |
R-4 | 10 |
Mixed Use | 10 |
Business | 15 |
Public | 15 |
Industrial | 20 |
2.
The buffer area must contain a solid wall, solid commercial-grade fence, or hedge with year-round foliage, between six feet and eight feet in height. Screening within the front yard or corner side yard is limited to four feet in height. Height of screening shall be measured from the natural or approved grade.
3.
If the buffer area contains a hedge, the hedge shall be landscaped with at least two staggered rows of evergreen trees with trees in each row spaced at a maximum of 12 feet.
4.
The buffer area may be interrupted for necessary pedestrian or vehicular access.
5.
Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.
13.03.52 Site elements to be screened.
A.
The following site elements shall be screened in compatibility with the design elements, materials, and colors used elsewhere on the site as follows:
1.
Refuse disposal areas. All refuse and recycling containers in all commercial, industrial, multifamily, or mixed-use zoning areas shall be screened on four sides (including a gate for access) by a solid, commercial-grade fence, wall, or equivalent material that is architecturally compatible with the principal structure and has a height of between six feet and eight feet.
a.
Refuse enclosures shall be subject to the following:
i.
A three-foot setback is required from any lot line;
ii.
Shall include a durable gate system that remains closed when not in use; and
iii.
Shall allow for easy access by refuse and recycling contractors.
2.
Outdoor storage areas. Outdoor storage areas shall be screened along parcel boundaries with a building wall or solid commercial-grade fence or fencing with approved slatting, wall, year-round hedge, or equivalent material, with a minimum height of six feet and not greater than eight feet. Screening along district boundaries, where present, may provide all or part of the required screening.
[Amended 7-12-2022 by Ord. No. 1737-2022]
3.
Loading areas. Loading areas shall be screened from abutting residential uses and from street view to the extent feasible by a building wall or solid commercial-grade wood, vinyl, or equivalent material fence, with a minimum height of six feet and not greater than eight feet. Screening along district boundaries, where present, may provide all or part of the required screening.
4.
Mechanical equipment. All rooftop and ground-level mechanical equipment and utilities shall be fully screened from view from any street or residential district, as viewed from six feet above ground level. Screening may consist of a building wall or fence and/or landscaping as approved by the Zoning Administrator.
5.
Off-street parking areas. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density or other effective means, built and maintained at a minimum height of five feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from said lot line. Said fence shall be located a minimum of one foot from the said lot line.
13.03.61 Applicability.
A.
A tree preservation plan is required on all plats and certified survey maps (CSMs) where individual parcels are in excess of 1.5 acres in size and tree removal is necessary for development.
B.
If approved by the Planning Department, the following are allowed exemptions to tree protection and restoration requirements:
1.
Trees specifically managed for harvest, planted in rows.
2.
Tree removal related to City public improvement projects or repairs.
3.
Emergency removal of a tree or trees to protect public health.
C.
When a tree preservation plan is required, all trees measuring a minimum of 12 inches at tree diameter at breast height shall be inventoried and considered specimen trees.
13.03.62 Process.
A.
A tree preservation plan shall be prepared and submitted concurrently with land use and subdivision applications for the project. The tree preservation plan must be approved by the Zoning Administrator prior to grading or construction commencing. The tree preservation plan shall include the following items:
1.
The name(s) and address(es) of property owners and developers.
2.
Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon.
3.
Delineation of all areas to be graded and limits of land disturbance.
4.
Size, species and location of all specimen trees located within the area to be developed. Where conditions warrant generalization of the tree inventory due to density, such as a wooded site, the City will accept a plan where information is collected on randomly selected trees to obtain overall condition, size, and species characteristics of the area.
5.
Location of all specimen trees on all individual lots.
6.
Measures to protect specimen trees.
7.
Identification of all specimen trees proposed on the plan to be removed within the construction area.
8.
Size, species, and location of all replacement trees to be planted on the property in accordance with the tree replacement requirements.
9.
Signature of person preparing the plan.
B.
All sites shall be staked, as depicted in the approved grading plan, before grading is to commence. Applicable City staff shall inspect the construction site prior to the beginning of the grading. No encroaching, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the root zone of the trees to be saved.
C.
After grading, construction, and restoration have been completed, a forester, landscape architect, or landscaping firm retained by the developer shall:
1.
Certify in writing to the City that the tree preservation plan was followed.
2.
Certify in writing to the City that the tree protection measures were installed.
3.
Indicate on an updated tree preservation plan (as-developed) which specimens remain and which have been destroyed or damaged.
4.
Submit a plan for City Planning Department review and approval identifying where replacement trees, if required, will be integrated into the approved landscape plan, or another plan, as required by the City.
13.03.63 Protection measures.
A.
Measures proposed to protect specimen trees shall include, but are not limited to:
1.
Installation of snow fencing, silt fence, or polyethylene laminate safety netting placed outside the drip line, or radius determined by the City, of specimen or landmark trees to be preserved.
2.
Installation of retaining walls or tree wells to preserve trees.
3.
Placement of utilities in common trenches outside of the drip line of specimen or historic trees or the use of tunneling installation.
4.
Use of tree root aeration, fertilization, and/or irrigation systems.
5.
Prevention of changes in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints.
6.
Therapeutic pruning of diseased tree branches or damaged and exposed root systems.
7.
Installation of root severing protection barriers along critical root zones.
8.
Designation of areas for soil and equipment storage to prevent soil compaction in critical root zones.
13.03.64 Tree removal.
A.
Specimen tree removal shall be in accordance with the City-approved tree preservation plan.
B.
The tree preservation plan may designate the removal of no more than 80% of the total number of specimen trees on developable area with less than 30% slope which were existing prior to submission of a final plat or CSMs.
C.
The tree preservation plan shall not show clear-cutting of developable areas with a greater than 30% slope. The area may only be selectively cut based on the recommendations of a certified forester.
D.
Where practical difficulties or practical hardships result from strict compliance with the provisions of this section, the developer may petition the Plan Commission to be allowed to remove more than the allotted 80% of specimen trees. For each specimen tree removed in excess of the 80%, the developer shall provide a deposit as set forth below into a tree mitigation fund, as well as plant one two-inch caliper tree on a one-for-one basis according to Section 13.03.65B.
E.
Tree mitigation fund. For every specimen tree removed in excess of 80% as approved by the Plan Commission, the developer shall make a payment into the tree mitigation fund administered by the City. Tree mitigation funds shall only be used for purchasing, planting and maintaining trees on public property, acquiring wooded property that shall remain in a naturalistic state in perpetuity, or to educate citizens and developers on the benefits and value of trees. The amount of the payment required for each replacement tree shall be the City's annual estimated tree planting cost for a two-inch caliper tree. Fees contributed to the tree mitigation fund shall be paid prior to the issuance of a building permit or final plat approval.
13.03.65 Tree replacement requirements.
A.
Developers will be required to replace all specimen trees and make a payment into the tree mitigation fund pursuant to Section 13.01.64D above that were indicated on the tree preservation plan to be saved, but which were ultimately destroyed, damaged or died of natural causes within one year of the completion of grading or land disturbance activity.
B.
These replacement trees shall be in addition to any other landscape requirements of the City and meet the following requirements:
1.
Replacement trees shall be of a species similar to the trees that were lost or removed.
2.
When 10 or more replacement trees are required, not more than 30% shall be the same species without approval from the Planning Department.
3.
Replacement trees will be required to be planted within one year after the completion of grading or land disturbance activity.
4.
Replacement trees shall consist of stock from a state licensed grower/distributor.
5.
Replacement trees shall be planted on the subject property in appropriate soil types and in a space large enough to accommodate the natural growth of the planted species. If a site cannot accommodate the required replacement trees, those remaining to be planted shall be located on other property owned by the developer within the City or on property owned by the City.
C.
The developer shall be responsible to restore any replacement tree that is not alive and healthy, one year after the date that the last replacement tree has been planted.