The zoning administrator may allow land uses (permitted or conditional) which, though not contained by name in a zoning district list of permitted or conditional uses, are deemed to be similar in nature and clearly compatible with the listed uses. The zoning administrator may call upon the planning director and city attorney to assist in the determination of similarity and/or compatibility. At the time of periodic updating and revision, the zoning administrator shall recommend the addition of all such approved uses to the appropriate use list.

(Code 1973, § 16.05.130)

Cross reference— Building and zoning regulations at the Horlick-Racine Airport, § 14-36 et seq.; historic sites and zoning districts, § 58-51 et seq.

Where a use is classified as a conditional use under the ordinance from which this chapter was derived, and exists as a conditional, special, or permitted use at the date of the adoption of the ordinance from which this chapter was derived, it shall be considered to be a legal conditional use.

(Code 1973, § 16.05.110)

The development of air rights above land located in any zoning district and utilized for public or private use shall be permitted subject to all the requirements of the zoning district within which such development is located. However, plans for all such air rights development shall be submitted to the city planning, heritage, and design commission for its recommendations as to the appropriateness of the development in regard to the location of structures, traffic control, placement of utilities, and all other matters related to the physical development of such air rights. Such recommendations shall be forwarded to, and shall be subject to the approval of, the common council.

(Code 1973, § 16.05.120; Ord. No. 0026-19, pt. 92, 11-12-19)

Airports and their surrounding areas are subject to the applicable federal, state, county, and local height and land use regulations.

(Code 1973, § 16.05.100)

Cross reference— Aviation, ch. 14; building and zoning regulations at the Horlick-Racine Airport, § 14-36 et seq.

Adult entertainment uses, as defined in section 114-1 of this chapter, may be allowed as a conditional use, as listed in the various district regulations, subject to the requirements of those districts as well as the conditions in this division, except that any such place of business in operation on the effective date of this section shall be exempt from the provisions of section 114-672.

(Code 1973, § 16.05.040(d))

(a)

No permit for an adult entertainment use shall be issued where any part of the proposed business structure is within 600 feet of any hospital, church, school, funeral parlor, library, museum, or playground, or any other public or private building or premises likely to be utilized by persons under the age of 18 years.

(b)

No more than one of the permitted adult entertainment uses may be established on any one lot and the establishment of any one of the defined adult entertainment uses shall be at least 1,500 feet from the establishment of any other adult entertainment use.

(c)

No adult entertainment use shall be permitted within 600 feet of any residential zoning district.

(Code 1973, § 16.05.040(d)(1)—(3))

Editor's note— Ord. No. 9-17, § 2, adopted June 20, 2017, repealed § 114-673 in its entirety to read as set out herein. Former § 114-673 pertained to signs and derived from the Code of 1973, § 16.05.040(d)(4).

Display windows on the premises shall not be used for the display of merchandise relating to the adult entertainment use.

(Code 1973, § 16.05.040(d)(5))

The owner and/or operator of the adult entertainment establishment shall comply with all state, federal and local laws and ordinances, including obscenity, liquor and cabaret laws, and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited.

(Code 1973, § 16.05.040(d)(6))

All points of access into structures containing adult entertainment establishments and all windows or other openings in such structures shall be located, constructed, covered or screened in a manner which will prevent a view into the interior.

(Code 1973, § 16.05.040(d)(7))

There shall be no sale or consumption of alcohol beverages on the premises of the adult entertainment establishment.

(Code 1973, § 16.05.040(d)(8))

Conditional permits issued under this division shall be valid for one year. The city planning, heritage, and design commission shall conduct an annual review of compliance with the permit requirements. If compliance is found, the permit shall continue for an additional year without action of the common council. If noncompliance is found, continuance of the use may only be by the issuance of a new conditional use permit.

(Code 1973, § 16.05.040(d), (g); Ord. No. 0026-19, pt. 93, 11-12-19)

No accessory building or structure constructed on any lot prior to the time of construction of the principal building to which it is accessory shall be used for living purposes.

(Code 1973, § 16.05.080(a))

No detached accessory building and/or structure shall occupy any yard other than a rear yard. No more than 25 percent of the area of a required rear yard nor 50 percent of the additional space in the rear of the principal building shall be occupied by an accessory building or structure.

(Code 1973, § 16.05.080(b))

Detached accessory buildings may be no taller than 15 feet as measured from finished floor to peak of roof; or 75 percent of the house height, whichever is greater. In any case, the maximum height as measured from finished floor of accessory structure to peak of roof is 20 feet.

(Code 1973, § 16.05.080(c); Ord. No. 2-92, pt. 2, 2-19-92; Ord. No. 14-08, pt. 1, 11-5-08)

(a)

Where a corner lot adjoins a lot in a residence district, no part of any accessory building or structure within 25 feet of the common lot line shall be nearer a side street lot line than the least depth of any front yard required on such adjoining lot.

(b)

No accessory building or structure shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street.

(Code 1973, § 16.05.080(d))

Detached accessory buildings or structures shall be located no closer to any other accessory building or structure or principal building than five feet, unless provisions of the building code are met.

(Code 1973, § 16.05.080(e))

Community living arrangements, as defined in section 114-1, shall be allowed as listed in the various zoning district regulations subject to the requirements of those districts as well as to the following conditions:

(1)

The loss of any state department of social services or city license or permit by a community living arrangement shall be an automatic revocation of that facility's permitted use status.

(2)

That the applicant disclose in writing to the zoning administrator the licensed capacity of the community living arrangement.

(3)

That no other community living arrangement be located within 2,500 feet of the site of the proposed facility. Under peculiar circumstances, exceptions may be made by the common council as a conditional use.

(4)

That the total capacity of all community living arrangements in an aldermanic district has not and will not, by the inclusion of a new community living arrangement, exceed 25 persons or one percent of the population, whichever is greater, of such district. Under peculiar circumstances, exceptions may be made by the common council as a conditional use.

(5)

Any zoning, conditional use, or occupancy permit issued for a community living arrangement shall not be transferable.

(6)

That the community living arrangement meet all the requirements of all other applicable codes and ordinances.

(7)

Accessory parking of up to two motor vehicles will be permitted. Parking of more than two motor vehicles shall require a conditional use permit.

(Code 1973, § 16.05.040(c))

The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.

(Code 1973, § 16.05.090(a))

No zoning lot shall be divided into two or more zoning lots, and no portion of any zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all of the applicable bulk regulations of the zoning district in which the property is located.

(Code 1973, § 16.05.090(b))

All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(Code 1973, § 16.05.090(c))

No yards to be provided for a building existing on the effective date of the ordinance from which this chapter was derived, shall subsequently be reduced below, or be further reduced if already less than, the minimum yard requirements of the ordinance from which this chapter was derived for equivalent new construction.

(Code 1973, § 16.05.090(d))

(a)

The following shall not be considered to be obstructions when located in the required yards specified:

(1)

In all yards. Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch and extending not more than one-third of the way into a required yard; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 24 inches or less into the yard; approved freestanding signs; arbors and trellises; flagpoles; window unit air conditioners projecting not more than 18 inches into the required yard; and fences or walls subject to applicable height restrictions of division 7 of this article.

(2)

In front yards. One-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.

(3)

In rear yards. Open off-street parking spaces; balconies; fallout shelter; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.

(4)

In side yards. Overhanging eaves and gutters may project into a required side yard not more than one-third of the width of such yards nor more than three feet in any case.

(b)

Permitted obstructions and detached accessory structures shall not, in the aggregate, occupy more than 25 percent of any required yard.

(Code 1973, § 16.05.090(e))

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

Primary frontage means the face of a building or use offering the primary means of access to that building or use. Loading areas are not to be considered primary frontage. On a through lot, a use shall be considered as having one primary frontage, unless otherwise approved by the planning, heritage, and design commission.

Screening means and refers to a view-obscuring fence, wall, or dense hedge, or some combination thereof, not less than five feet in height or higher than six feet in height, but may include tall trees or shrubs which need not conform to the maximum height limit. Alternative screening techniques can be used after submittal of a plan to, and approval by, the planning department.

Secondary frontage means rear and side exposures other than primary frontage.

Secondary street means, generally, any street, other than a major or collector street, whose function is to provide access to adjacent properties. Questions concerning the classification of streets will be decided by the planning, heritage, and design commission.

(Code 1973, § 16.05.140(c); Ord. No. 0026-19, pt. 94, 11-12-19)

Cross reference— Definitions generally, § 1-2.

(a)

Each application for new construction or major reconstruction, with the exception of applications involving single-family and two-family dwellings, shall be subject to additional review and development standards concerning treatment and maintenance of the exterior premises. Applicable development standards are contained in this division. The zoning administrator shall initiate development standards review by forwarding each pertinent application to the appropriate office or department for consideration and disposition.

(b)

The development standards set out in this division shall apply to new uses, new construction or major reconstruction of all uses with the exception of single- or two-family homes, unless otherwise noted. In cases where this division conflicts with any other section of this chapter, the most restrictive section shall apply.

(Code 1973, § 16.05.140(b))

(a)

Due to the variety of land uses, the contemporary reliance upon motor vehicles, and the rapid pace of technological innovation and change, there are areas where conflicts arise from the proximity of uses which are not compatible. These conflicts are most common along the boundary between two zoning districts, or between varying development types within the same zoning district.

(b)

The standards contained within this division are intended to minimize such conflicts and thereby promote the maximum benefit from coordinated area site planning, diversified location of structures, mixed compatible uses, and to conserve the value of buildings.

(Code 1973, § 16.05.140(a))

(a)

Any use, except a single- or two-family residence, which is adjacent to a residential zoning district, or which is located across an alley from a residential zoning district, or which has secondary frontage across a secondary street from a residential zoning district, shall be screened.

(b)

Screening shall not project into any required front yard, nor should any screen be established in such a manner that it is hazardous to pedestrian or vehicular traffic.

(c)

Screening shall be oriented such that the finished side of the fence or wall faces toward the residential area from which the subject use is being screened.

(d)

In cases where an existing fence is adjacent to the use being screened, or some unusual feature makes a fence or wall unnecessary, then alternative screening methods can be used after review and approval by the city planning department.

(Code 1973, § 16.05.140(d))

(a)

If a use being screened occupies a corner lot with side lot line adjacent to a secondary street and across from a residential district, there shall be at least a ten-foot landscaped setback. If such use occupies a corner lot with side lot line adjacent to a secondary street and across from a nonresidential district, there shall be at least a five-foot landscaped setback.

(b)

At the time the building permit is applied for, the planning department shall review the proposed landscaping to assure that it will accomplish the following purposes:

(1)

Traffic control, both pedestrian and vehicular.

(2)

Erosion control.

(3)

Screening, masses of parking, reflections, headlights.

(4)

General aesthetics.

(Code 1973, § 16.05.140(e))

(a)

Residential properties.

(1)

For single-family and two-family residential structures with attached garages, if not under the jurisdiction of a planned development as defined by article III, division 3 hereof, the following minimum design standards shall apply to their construction, reconstruction and remodeling.

(2)

The street facade width of an attached front entry garage shall be no more than 50 percent of the street facade width of the entire residential structure.

(3)

The garage portion of a street facade may project as far as four feet ahead of the front street facade of the living area of the residential structure.

(4)

For multifamily residential structures, the planning, heritage, and design commission shall review the overall design for compliance with the spirit and intent of the standards for single-family and two-family residential structures.

(b)

Nonresidential properties. Unless otherwise under the jurisdiction of a specific design or development review authority as assigned by this chapter, or applicable restrictive covenants, all new building exteriors in an office, institutional, commercial, business or industrial district shall be designed and constructed to meet the minimum standards as follows:

(1)

All new primary buildings, and new additions to primary buildings shall have a facade treatment on each elevation of brick, decorative masonry block, architectural panels (not including metal panels), pre-cast textured concrete, composite clapboard siding, or exterior insulated finish system (EFIS) or similar products applied at least eight feet above grade. A combination of these facade treatments, applied in a well-proportioned and aesthetically pleasing manner, is permitted.

(2)

All new accessory buildings, and new additions to accessory buildings shall have a facade treatment on each elevation compatible with the primary building facade treatment, or at minimum, consist of at least 30 percent brick, decorative masonry block, architectural panels (not including metal panels), pre-cast textured concrete, or composite clapboard siding, or exterior insulated finish system (EFIS) or similar products applied at least eight feet above grade. A combination of these facade treatments, applied in a well-proportioned and aesthetically pleasing manner, is permitted.

(3)

Variations from these standards shall not be permitted unless it is determined by the director of city development that an alternative facade treatment does not conflict with the spirit and intent of this division. The director of city development may consult an appropriate office, department, board, committee, commission or professional in making a determination.

(4)

Persons aggrieved by a decision of the director of city development may appeal that decision to the planning, heritage, and design commission or the design or development review authority having jurisdiction.

(Ord. No. 15-04, pt. 3, 4-19-04; Ord. No. 10-05, pts. 1, 2, 6-7-05; Ord. No. 0026-19, pt. 95, 11-12-19)

On a through lot which is adjacent to or opposite a residential district on its secondary frontage, the architectural appearance of nonresidential structures shall be approved by the planning, heritage, and design commission prior to the issuance of a building permit. The commission shall address itself to the following kinds of elements:

(1)

Materials, surface textures, colors, fenestration pattern, utilization of characteristic local forms such as stoops or front porches, roof form and pitch, simplicity, elements of composition, symmetrical or asymmetrical appearance, basic shape or form, expression of detail use.

(2)

Scale, rhythm of block face, orientation, proportion, general spirit of the areas.

(Code 1973, § 16.05.140(f); Ord. No. 0026-19, pt. 96, 11-12-19)

Any off-street parking area for four or more vehicles, or trailers, which is located adjacent to, or on a through lot across from, or across a secondary street from a residence district, shall be screened and set back in compliance with this division. Parking spaces or aisles shall be no closer than six feet from any side or rear lot line adjacent to a residence district, and shall not violate setbacks required by this chapter except for drives for ingress or egress.

(Code 1973, § 16.05.140(g))

External machinery, vehicles, and similar appurtenances in conjunction with any nonresidential or multiple-family use which is in, adjacent to or across a street from a residential zoning district shall conform to the following requirements with respect to the location, installation and screening of air ducts, ventilators, exhaust fans, air conditioning equipment, or other external equipment and similar appurtenances:

(1)

Such equipment or vehicles shall be installed, parked, or located in such a manner that noise, vibration, odors or fumes resulting or emanating from such is minimized at all lot lines.

(2)

Such equipment shall be screened from the view of residential districts, both adjacent and across a street or alley.

(Code 1973, § 16.05.140(h))

(a)

Prior to the granting of a building permit for new construction or additions (except single or two family lot additions), and effective for all building permits issued after January 1, 1989, all applicants shall submit to the chief building inspector as part of the permit application a site drainage plan. Site drainage plans shall be routed to the city engineer, city development and department of public works for review prior to approval.

(b)

All site drainage plans shall include or abide by the following:

(1)

A stamp or certificate of approval by a registered land surveyor or a professional engineer licensed in the State of Wisconsin.

(2)

The site drainage plan shall be drawn to scale with the scale size and north arrow indicated on the plan.

(3)

The location of the new structure or addition on the plan with lot and structure dimensions.

(4)

All driveway locations, parking areas, and other paved areas shown and dimensioned.

(5)

Existing and proposed grade at all lot corners and all proposed site contours.

(6)

Existing sidewalk grades and/or curb grades or street centerline grades.

(7)

Proposed yard grades at all building corners of the proposed structure.

(8)

Proposed first floor building elevation.

(9)

Proposed truck loading dock locations and elevations.

(10)

Existing grades at grade level of existing buildings on all adjacent properties and first floor elevations.

(11)

Existing grades at the top and bottom of any significant topographic feature such as a ditch, ravine or slope or within 25 feet of the lot line.

(12)

All elevations are to be in United States Coastal and Geodetic and Stat Survey Datum.

(13)

Indications as to how drainage will be conveyed and the ultimate disposition of all storm water shown including downspouts, sump pumps, catch basins, yard drains, loading dock trench drains and all on-site private storm sewer lines.

(14)

Adherence to City of Racine storm sewer policies.

(c)

City of Racine storm sewer policies. All sites which include over 10,000 square feet of total impervious surface (total to include existing and proposed areas) shall be designed to convey the storm water drainage to the public storm sewer system (where available), river, lake or other accepted drainage facility by making a direct connection.

When a storm sewer is not available, the city can be petitioned to extend the existing public storm sewer system to any property development that is required to make a direct connection. If the extension of the public storm sewer system is deemed to be not in the public interest, the city may permit overland surface drainage under the condition that the flow shall be directed to the city street or other accepted drainage facility without crossing any adjacent property lines.

When a direct connection to the public storm sewer is required, all downspouts, sumps pumps, or other clear water sources shall be mechanically connected to a private storm sewer line or as directed by the city engineer, building inspector or plumbing inspector.

Site runoff calculations and private storm sewer line design shall be prepared by a professional engineer licensed in the State of Wisconsin and made available to the city upon request. If public storm sewer is not of adequate size or deemed by the city engineer to be non-compliant with the post-construction stormwater management plan in accordance with Chapter 98, Article VII, the city can require on-site storm water retention.

The property owner shall be responsible for the cost of all private storm sewer lines including the connection to the public storm sewer system.

Sites, which include less than 10,000 square feet of total impervious surface, may not necessarily be required to convey the storm water drainage to the public storm sewer system. However, where the overland drainage causes a public nuisance, the city may require a direct connection to the public storm sewer system.

The City of Racine shall require an erosion and sediment control plan in accordance with Chapter 98, Article VI, which shall be available for all site drainage plans, submitted for approval.

The City of Racine may require a post construction stormwater management plan in accordance with Chapter 98, Article VII, which shall be available for all site plans, submitted for approval.

(d)

The city does not guarantee, warrant or represent that compliance with this chapter will provide complete relief from periodic flooding or inundation, and hereby asserts that there is no liability on the part of the city council, its agencies or employees for any flood damage that may occur as a result of reliance upon, or conformance with, this chapter.

(Code 1973, § 16.05.140(i); Ord. No. 24-05, pt. 7, 12-6-05; Ord. No. 0001-19, pts. 2—5, 3-27-19)

All uses except single- and two-family residences shall provide areas for the storage of rubbish and trash, which shall conform to the following standards:

(1)

Such areas shall be screened to block the view of such area from any point outside the property on which it is located.

(2)

Such facilities shall be located at least two feet from any lot line and in no case shall they be located in a required front yard.

(Code 1973, § 16.05.140(j))

Vehicular access to any nonresidential structure, use, parking or loading facility shall conform to the following conditions:

(1)

Such access shall not be gained across land zoned for a more restricted use.

(2)

On a lot which extends through a block and is across a street from a residential district on its secondary frontage, vehicular access shall not be gained from the street providing such secondary frontage.

(3)

In no case shall a building permit be granted for a structure which would locate parking or loading facilities in such a manner that their use would block a public way.

(Code 1973, § 16.05.140(k))

Any lighting source on any use, lot or parcel which is for the purpose of illuminating any structure exterior, sign, parking lot or outdoor area shall be established in a manner which satisfies the following conditions:

(1)

Such lighting shall be arranged, oriented or shielded in such a manner that direct radiation or glare from such source does not penetrate adjacent or nearby residential uses or zoning districts.

(2)

The source of such illumination shall be arranged, oriented or shielded in a manner which will not endanger the safety of pedestrian or vehicular traffic.

(3)

When within 150 feet of a residence district, as measured along or across any street, such lighting shall be constant and not flashing, intermittent or animated in any way.

(4)

On a through lot which abuts, or is opposite, a residential district on its secondary frontage, a single sign not to exceed ten square feet in area, affixed flat to the wall of the building, not lighted, shall be allowed on the secondary frontage. Such sign shall contain only the name of the establishment. The top of such sign shall not extend beyond five feet above grade.

(Code 1973, § 16.05.140(l))

(a)

Height.

(1)

All marquees shall maintain a vertical clearance of no less than 12 feet above grade.

(2)

All awnings shall maintain a vertical clearance of no less than seven feet six inches above grade.

(3)

All canopies shall maintain a vertical clearance of no less than eight feet above grade.

(b)

Projection.

(1)

No marquee or awning shall project closer to a curbline than 24 inches.

(2)

No canopy, shall project closer to a curbline than 12 inches unless intended to shelter refueling islands, in which cases a conditional use permit is required that may require greater setbacks.

(c)

Illumination.

(1)

Marquees, awnings and canopies shall not be internally illuminated.

(2)

Marquees, awnings and canopies may be externally illuminated.

(3)

Marquees, awnings and canopies may contain fixtures for down lighting or accent lighting provided all other surfaces of the marquee, awning or canopy are opaque.

(d)

General regulations.

(1)

Canopies used to shelter refueling islands require a conditional use permit in accordance with applicable district regulations.

(2)

Signage on marquees, awnings and canopies are regulated by article X of this chapter.

(Ord. No. 15-04, pt. 4, 4-19-04)

(a)

Any fence, wall, hedge, yard, space or landscaped area required by this chapter shall be kept free of any accumulation of refuse or debris. Plant materials must be well kept in a healthy, growing condition; and structures, such as walls and fences, shall be maintained in sound condition, good repair and appearance at all times.

(b)

If at any time the maintenance required by subsection (a) of this section shall be neglected or not provided, the chief building inspector shall notify the owner in writing, stating the maintenance or repairs needed and allowing a reasonable time for the maintenance or repairs to be completed.

(c)

If repairs required by this section have not been completed at the end of the time set by the chief building inspector, he may:

(1)

Extend the time limit, if work is in progress.

(2)

If little or no progress has been made, inform the owner that the necessary repairs or maintenance will be performed by the city at the owner's expense. Such expense shall be entered as a special tax on the first tax roll prepared after the performance of such work and thereafter such tax shall be treated in all respects as any other city tax.

(Code 1973, § 16.05.140(m))

A fence or wall may be erected, placed or maintained along a lot line or residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no such fence or wall which is located in a required front or corner side yard shall:

(1)

In a front yard exceed a height of 48 inches if the fence or wall has 25 percent opacity or less.

(2)

In a corner side yard, and not to extend past the front of the residential building, exceed a height of 48 inches.

(3)

Disrupt vision clearance as provided in section 114-254.

(Code 1973, § 16.05.040(a)(1); Ord. No. 0003-22, pts. 1, 2, 3-15-22)

No fence or wall shall be erected, placed or maintained along a lot line or any nonresidentially zoned property, adjacent to residentially zoned property, to a height exceeding six feet.

(Code 1973, § 16.05.040(a)(2))

(a)

No person shall erect, construct or maintain a barbed wire fence in any residence district.

(b)

In all zoning districts other than residential, no barbed wire fence shall be erected, constructed, or maintained upon the line of any public street or alley within the city, or upon any land adjacent and within two feet of any such line. This does not apply to any person who erects and maintains proper guards by placing of smooth wires or otherwise on the side toward the sidewalk so as to protect the person and clothing of travelers on any sidewalk from injury by such barbed wire.

(Code 1973, § 16.05.040(a)(3))

A fence or wall may be erected, placed or maintained along a lot line of business or industrially zoned property or adjacent thereto to a height of ten feet above the ground level, except that no fence shall disrupt the vision clearance requirements for each district and provided that the fence complies with the requirements in sections 114-757 and 114-758.

(Code 1973, § 16.05.040(a)(4))

All fences or walls to be erected within the vision clearance triangle shall require approval of the zoning administrator prior to installation.

(Code 1973, § 16.05.040(a)(5))

All fences and walls shall be designed and constructed in a professional manner with new or like new materials. Fences and walls shall be maintained in a condition of good repair at all times. Items including, but not limited to, lumber, remnants, old doors, broken concrete, wire pieces, old pipe, or other scrap materials shall not be used to construct or repair a fence or wall. The finished side of a fence or wall (side without the visible supporting members) shall face away from the property on which the fence or wall is constructed.

(Code 1973, § 16.05.040(a)(6))

Except in the case of planned development or mini-planned development, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(Code 1973, § 16.05.060)

Cross reference— Subdivision design standards for streets and alleys, § 86-126.

(a)

Every residential building erected on a lot or parcel of land created subsequent to the effective date of the ordinance from which this section derived shall provide a lot or parcel of land in accordance with the lot size requirements of the district within which it is located.

(b)

In any residence district, on a lot of record on the effective date of the ordinance from which this section derived, the following uses may be permitted in the residence districts listed, regardless of the size of the lot, provided all other requirements of this chapter are complied with:

(1)

A single-family residence may be established in any residence district.

(2)

A previously established two-family residence may be reestablished in an existing residential structure in the R3 through R6 residence districts.

(3)

A community living arrangement for eight or fewer tenants may be established in an existing residential structure in any residence district.

(Code 1973, § 16.05.070(a))

Every lot or parcel on which a building is to be erected, which is created after the effective date of the ordinance from which this section derived, shall front or abut for a distance of at least 30 feet on a public street, but in no case shall the primary access to the lot or parcel be provided by a publicly dedicated half street. This prohibition shall not apply to lots in a planned development for which an approved final planned development plan has been recorded and which have access to a public street by easement or other means acceptable to the city. Lot width requirements as stated in each zoning district and as defined in section 114-1 shall also be complied with.

(Code 1973, § 16.05.070(b))

For the purposes of this division, a mobile home shall be considered a mobile home regardless of whether it has wheels or not or is on a foundation or not.

(Code 1973, § 16.05.040(b))

Cross reference— Definitions generally, § 1-2.

A mobile home shall not be considered to be permissible as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively under way.

(Code 1973, § 16.05.040(b)(1))

No person shall park or occupy a mobile home for living purposes except in an approved mobile home park, and in accordance with the following conditions:

(1)

Mobile home parks shall be allowed only as conditional uses in the R4 and B3 districts.

(2)

Each mobile home park shall have direct access to a principal county, township, city, or state highway or arterial street or road.

(Code 1973, § 16.05.040(b)(2))

Mobile home parks shall comply with the following requirements:

(1)

No permit shall be issued for the establishment of a new mobile home park unless such park contains at least five acres in the applicable business district or 20 acres in the R4 district.

(2)

In the R4 district, the average individual trailer lot size shall not be less than 4,000 square feet in area, and no lot shall be smaller than 3,200 feet in area.

(3)

In the business district, no individual trailer lot shall be smaller than 2,800 square feet in area.

(4)

Each individual trailer lot shall be at least 44 feet in effective width in the R4 district and 28 feet in effective width in the B3 district. "Effective width" shall mean the distance between side lot lines, measured at the rear line of the required front yard; on diagonal lots, it shall be measured at right angles across the lot from one diagonal side line to the other.

(Code 1973, § 16.05.040(b)(3))

Mobile homes shall comply with the following minimum setback regulations:

(1)

No building, structure, or mobile home shall be located closer than 50 feet to any property line of the mobile home park, nor closer than 75 feet to any principal county, township, city or state highway or arterial street or roadway right-of-way in the R4 district.

(2)

In applicable business district, no building, structure, or mobile home shall be located closer than 20 feet to any property line of the mobile home park, nor closer than 40 feet to any principal county, township, city or state highway or arterial street or roadway right-of-way.

(3)

Mobile homes shall be set back at least 15 feet from the pavement of streets or roadways within the mobile home park.

(4)

No part of any mobile home, or any addition or appurtenance thereto, shall be placed within 20 feet of any other mobile home, addition, or appurtenance therefor, nor within 50 feet of any accessory or service building or structure. However, in the business district, the minimum distance separation between trailers shall be 15 feet.

(Code 1973, § 16.05.040(b)(4))

No building, structure, or mobile home located in a mobile home park shall exceed 2½ stories or 35 feet in height.

(Code 1973, § 16.05.040(b)(5))

There shall be at least one off-street parking space available to each individual mobile home lot, located within 100 feet of such lot. However, the total number of parking spaces provided in each mobile home park shall be equal to not less than 1½ times the maximum number of mobile homes to be accommodated.

(Code 1973, § 16.05.040(b)(6))

Along each property line of a mobile home park in the R4 district, there shall be provided, within the 50-foot setback area, screen fencing or landscape planting so as to be 25 percent or more opaque when viewed horizontally between two feet and eight feet above average ground level.

(Code 1973, § 16.05.040(b)(7))

In the R4 district, the design and improvements to be provided in the proposed mobile home park, including street width and construction of the approach streets or ways, shall conform to the requirements of the subdivision regulations for conventional residential subdivisions. However, the street width and construction requirements in the subdivision regulations shall be applied only to those streets which would be necessary to service a future conventional residential subdivision on such tract of land, and need not be applied to secondary mobile home site access streets or ways.

(Code 1973, § 16.05.040(b)(8))

Each mobile home park shall provide at least three acres of common space, exclusive of the required peripheral setback, for use by recreational or service facilities. An additional 200 square feet of common space shall be provided for each mobile home in excess of 160 contained within the park.

(Code 1973, § 16.05.040(b)(9))

The following streets or parts of streets in the city are hereby declared to be major streets:

Marquette Street from Washington Avenue to Ninth Street.

Meachem Road from Durand Avenue to Taylor Avenue.

Racine Street from Washington Avenue to the south city limits.

Washington Avenue from a point approximately 100 feet south of 11th Street to Ninth Street.

(Code 1973, § 16.05.150(a))

The base line on the major streets designated in section 114-806 shall be as follows:

(1)

On Washington Avenue south of 11th Street, from the southwest corner of lot 12 to the northeast corner of lot 12, in Riley's Second Subdivision of a portion of blocks 67 and 68, Section 16, Township 3 North, Range 23 East, as the same is returned by the appraisers of school and university lands to the Office of the Secretary of State, State of Wisconsin: On Washington Avenue from 11th Street to Ninth Street, begin at a point which is 60 feet southeasterly of the southeast corner of lot 8 of Selden's Subdivision, of block 61, Section 16, Township 3 North, Range 23 East, as the same is returned by the appraisers of school and university lands to the Office of the Secretary of State, State of Wisconsin, measured at right angles to Washington Avenue; run thence northeasterly to a point which is 60 feet westerly of the northwest corner of that portion of block 59, Section 16, Township 3 North, Range 23 East, as the same is returned by the appraisers of school and university lands to the Office of the Secretary of State, State of Wisconsin, east to Washington Avenue, measured at right angles to Washington Avenue.

(2)

On Racine Street, beginning at a point on the north line of 11th Street where the easterly line of Racine Street produced north intersects such north line; thence northerly along the extension of the east line of Racine Street produced, to its intersection with Washington Avenue. Also from a point in the south line of 11th Street, such point being 40 feet west of the west line of Racine Street, southerly parallel to the west line of Racine Street, to a point 200 feet north of the north line of 13th Street; thence southeasterly to the point of intersection of the north line of 13th Street with the west line of Racine Street, thence southerly along the west line of Racine Street to the north line of 15th Street; thence southwesterly to a point in the north line of 16th Street, such point being 40 feet west of the west line of Racine Street; thence south 40 feet west of, and parallel to, the west line of Racine Street, to the city limits.

(3)

On Marquette Street, beginning at a point on the south line of Ninth Street where the west line of Marquette Street produced south intersects such south line; thence south along the extension of such west line produced to its intersection with the westerly line of Washington Avenue.

(4)

On Meachem Road, from Durand Avenue to Taylor Avenue, the base line shall be the range line between Range 22 East and Range 23 East.

(Code 1973, § 16.05.150(b))

On the major streets designated in this division, setback lines shall be as follows:

(1)

On the east side of Washington Avenue south of 11th Street, setback lines shall be the same as the base line; on Washington Avenue from 11th Street to Ninth Street, the setback line on both sides of the street shall be 60 feet from and parallel to the base line.

(2)

On the east side of Racine Street, north of 11th Street, the setback line shall be the same as the base line. South of 11th Street, the setback line shall be the same as the base line on the west side of Racine Street, and 100 feet from the base line on the east side of Racine Street, measured at right angles to the base line.

(3)

On the west side of Marquette Street, the setback line shall be the same as the base line.

(4)

On Meachem Road from Durand Avenue to Taylor Avenue on such portions that are within the city limits, the setback line on both sides of the street shall be 80 feet from and parallel to the base line.

(Code 1973, § 16.05.150(c))

It is the policy of the city to allow development only if serviced by municipal water and sewerage facilities. However, this policy shall not preclude the pretreatment of sewage by industrial uses before it enters public sewers.

(Code 1973, § 16.05.050)

It is the general intent of this division to control and regulate the development of land within the downtown area through the process of design review in order to:

(1)

Encourage urban design excellence.

(2)

Integrate urban design and preservation of Racine's heritage into the process of downtown development and redevelopment.

(3)

Enhance the character of the downtown area.

(4)

Promote the development of diversity and areas of special character within the downtown area.

(5)

Provide pedestrians with a pleasant, rich and diverse experience.

(6)

Provide for the humanization of the downtown area through the promotion of youth, senior citizen and arts uses and programs.

(7)

Assist in creating a 24-hour downtown area that is safe, humane and prosperous.

(8)

Assure that new development is at a human scale and that it relates to the character and scale of the downtown area.

(9)

Promote the use, development and maintenance of property adjacent to or proximate to the Root River in order to accomplish public safety, environmental protection, economic development, and public health and recreation objectives.

(Ord. No. 17-99, pt. 2, 12-7-99; Ord. No. 8-12, pt. 3, 8-15-12)

For purposes of this division the following phrases have the meaning indicated:

In this chapter, downtown area means the area described as follows:

Begin at a point being on the centerline of North Wisconsin Avenue approximately 190 feet north of the intersection of the centerlines of North Wisconsin Avenue and Hamilton Street; from said beginning point proceed east to the centerline of Main Street, then north along said centerline to the centerline of Hubbard Street; then easterly along the Hubbard Street centerline to the west line of Michigan Boulevard; then southerly along said west line 200 feet; the east to a line being the western shore of Lake Michigan (including those lands found south of the easterly extended centerline of the Root River and north, and west, of the harbor's south breakwater); then southerly along said line to a point on the extended centerline of Tenth Street; then west along said extended centerline to a point on the centerline of Wisconsin Avenue; then north along said centerline to a point on the centerline of Ninth Street; then west along said centerline to a point on the centerline of College Avenue; then north along said centerline to a point on the centerline of Eight Street; then west along said centerline to a point on the centerline of Grand Avenue; then south along said centerline to a point on the centerline of Ninth Street; then west along said centerline to a point on the western line of the former Chicago, Milwaukee and St. Paul Railroad right-of-way; then southwest along said western line to a point on the centerline of Tenth Street; then west along said centerline to a point on the centerline of Racine Street; then north along said centerline to a point on the centerline of Ninth Street; then west-southwest along said centerline to a point on the center line of Harrbridge Avenue; then north along said centerline to a point on the centerline of the Root River; then east along said centerline to a point on the centerline of Memorial Drive; then north along said centerline to a point on the centerline of West Sixth Street; then east along said centerline to a point on the west line of the Union Pacific (a.k.a. Chicago and Northwestern) Railroad right-of-way; then northwesterly on said west line to a point on the centerline of Liberty Street; then west along said centerline to a point on the centerline of North Memorial Drive; then north-northwesterly along said centerline to a point on the centerline of West Street; then east along said centerline extended to a point on the centerline of LaSalle Street; then north along said centerline to a point on the centerline of Prospect Street; then east along said centerline to a point on the centerline of Douglas Avenue; then north along said centerline to a point on the centerline of Hamilton Street; then east along said centerline to a point on the centerline of North Wisconsin Avenue; then north along said centerline to the point of beginning.

Maintenance activities. Maintenance activities means those activities directed at keeping the property in proper condition and do not alter the property's exterior design features. Examples of maintenance activities include tuck pointing and repainting of surfaces that have previously been painted.

Planning, heritage, and design commission means the commission established by section 2-251, having the authority to review activities as described in this division.

(Ord. No. 17-99, pt. 2, 12-7-99; Ord. No. 10-06, pt. 1, 5-24-06; Ord. No. 8-12, pt. 4, 8-15-12; Ord. No. 0026-19, pt. 97, 11-12-19)

(a)

The downtown area design guidelines shall be implemented through the imposition of this division's regulation as an overlay district, supplementing the existing underlying zoning districts within the downtown area.

(b)

Sub-districts within the Downtown area are: River, State Street corridor, Marquette corridor, Sixth and Seventh Streets corridor, Main Street corridor, Marina, and Gaslight. Each sub-district presents opportunities and challenges that warrant individual design considerations as contained in the "Downtown Design Standards" adopted by common council resolution number 06-7041 on May 16, 2006.

(Ord. No. 17-99, pt. 2, 12-7-99; Ord. No. 20-06, pt. 3, 5-24-06; Ord. No. 8-12, pt. 5, 8-15-12)

(a)

All permitted uses and conditional uses as allowed by the underlying zoning districts shall likewise be allowed in the downtown area.

(b)

The following uses may be allowed by conditional use permit in addition to those uses described in (a) above, excepting those lands zoned R-1, R-2 and R-3:

(1)

Boat launches, piers, pedestrian and bicycle facilities, private retaining walls and private stormwater facilities.

(2)

East of the Marquette Street: outdoor storage of watercraft typically carried overland on trailers on parcels directly adjacent to the Root River.

(3)

Throughout the downtown area: outdoor storage of watercraft typically carried manually, such as canoes and kayaks.

(4)

Outdoor storage of recreation equipment as an accessory use.

(5)

For lands in a I-2 district, land uses which are otherwise permitted uses but may create noise, heat, vibration, or radiation, which are detectable at the property line, or involve materials which pose a significant safety hazard.

(6)

For lands in a B-5 district, industrial land uses which are otherwise not permitted therein.

(7)

Uses which are otherwise not permitted unless under the control of a flex development overlay or a planned development conditional use permit.

(Ord. No. 17-99, pt. 2, 12-7-99; Ord. No. 8-12, pts. 6, 7, 8-15-12)

(a)

In the downtown area, the following prohibitions shall apply:

(1)

No person shall undertake any new exterior construction activity, any building expansion, or any exterior renovation/rehabilitation activity for projects whose impact will result in the alteration of the visual character or impact of the facade without first making application to the design review commission and receiving approval from the design review commission and/or common council as prescribed in this division, nor without receiving all applicable permits.

(2)

No person shall install new or replacement signs, regardless of value, without first making application to the design review commission and receiving approval from the design review commission and/or common council as prescribed in this division, nor without receiving all applicable permits.

(3)

Outdoor storage of products, equipment, and other materials (as a primary or accessory use) unless otherwise noted in section 114-825.

(b)

In the downtown area, the following exemptions shall apply:

(1)

Signs advertising occasional sales, services or events are exempt from the requirements of subsection 114-826(2) of this division.

(2)

Maintenance and repair activities that do not alter the property's exterior design features are exempt from the requirements of this division.

(3)

Public recreation facilities which involve no pavement or buildings.

(4)

Essential services as defined by section 114-238.

(Ord. No. 17-99, pt. 2, 12-7-99; Ord. No. 10-02, pt. 1, 6-18-02; Ord. No. 20-06, pt. 4, 5-24-06; Ord. No. 4-10, pt. 1, 5-4-10; Ord. No. 8-12, pt. 8, 8-15-12; Ord. No. 0026-19, pt. 98, 11-12-19)

(a)

Persons contemplating a project in the Downtown Area should review the Downtown Design Guidelines and Downtown Design Standards adopted by common council resolutions Res. 06-7040 and Res. 06-7041 of May 16, 2006, as guides in understanding the purpose, scope and intent of this division.

(b)

The design guidelines expressed in this division shall apply to all facilities such as, but not limited to, office, commercial, residential facilities containing five or more living units, lodging, museum, theater, governmental, parking and utility. All facilities, regardless of type, must be designed with the following considerations.

(1)

Context. The facility is designed in a manner that is mindful of and complementary to the existing building and natural environment. The facility should strengthen and enhance the characteristics of the setting, or at least maintain key unifying architectural or natural patterns. Existing facilities need not be mirrored in every aspect, but rather used as a starting point in the development of a design.

(2)

Harmony. The facility utilizes materials, forms and colors that serve as unifying elements with the surrounding built and natural environment. Such uniformity is not intended to inhibit creativity, innovation and individuality in the overall design of a facility.

(3)

Conformance. The facility does not detract from those architectural details found to be most successful and prominent in historical and landmark downtown area structures.

(4)

Linkages. The facility reflects the individuality of the specific area or district in which it is located and, if reasonably possible, articulates identifiable architectural patterns.

(5)

Compatibility. The facility should be compatible with nearby buildings' architectural scale, color, rhythm and proportions.

(6)

Historical integrity. The facility respects the unique historical context of the downtown area. Rehabilitation, remodeling and addition projects shall retain, wherever practicable, the original structure's character, scale and composition. Distinctive stylistic features or examples of skilled craftsmanship shall be retained and preserved wherever practicable.

(7)

View opportunities. The facility is sensitive to new and existing opportunities with which to observe and enjoy surrounding points of interest and activity.

(8)

Quality. The facility incorporates materials and design features that convey permanence, durability and quality.

(9)

Environmental sensitivity. The facility should incorporate materials, construction techniques, systems and design methods that increase energy efficiency. Use of salvaged materials or reuse of existing materials is encouraged when appropriate. Materials should be used that are not harmful to the environment, not only during their use in the facility but also in their production.

(c)

Planned developments as defined in article III, division 3, of this chapter shall not require review under article VII, division 12 of this chapter.

(Ord. No. 17-99, pt. 2, 12-7-99; Ord. No. 20-06, pt. 5, 5-24-06)

Editor's note— Ord. No. 0026-19, pt. 99, adopted November 12, 2019, repealed § 114-828, which pertained to administration and derived from Ord. No. 17-99, pt. 2, February 7, 1999; Ord. No. 8-01, pt. 1, March 6, 2001; Ord. No. 15-04, pt. 5, April 19, 2004; Ord. No. 8-12, pt. 9, August 15, 2012.

The following design guidelines evaluation criteria shall be used to determine if a proposed activity fulfills the objectives of this division:

(1)

Traffic circulation. All vehicular and pedestrian circulation systems shall provide adequate and reasonably safe access through the downtown, and should promote a pedestrian friendly environment.

(2)

Environmental design. All projects shall incorporate sustainable environmental design, processes and practices when possible or practical.

(3)

Site layout and building arrangement.

a.

The layout, mass, orientation and height of the structures on the site, including areas for use by motorized vehicles for circulation, parking and storage, should allow for appropriate use of the proposed development in light of surrounding uses, traffic patterns, pedestrian facilities, neighboring and opposite structures, and topography. The arrangement of structures on the site shall also be evaluated for their potential impact on the provision of city services, such as access for emergency vehicles.

b.

The setback of structures shall conform to those of the underlying zoning district unless the following criteria provide a greater distance:

1.

From surface water (OHWM), floodway, or 100-year floodplain: 60 feet from the mapped or surveyed limits.

2.

From open drainage channels: 25 feet from the OHWM if documentable, or from the centerline of the channel if not documented.

3.

From slopes exceeding 12 percent: 25 feet from the top of the slope, and from the bottom of the slope.

4.

From a designated habitat area: 25 feet.

5.

From a primary environmental corridor, secondary environmental corridor, isolated natural feature, as identified by the Southeastern Wisconsin Regional Planning Commission, as recognized or modified by the City of Racine: 25 feet.

6.

Reductions of the setbacks listed in 1—5 above may be approved through the conditional use process, if environmental protection objectives are accomplished to the same or greater degree.

(4)

Project design. All projects shall be designed with attention and sensitivity to the historical, architectural, and physical context in which they are, or are to be located. Special attention should be paid to the sidewalk level of buildings through the creation of pedestrian orientated details. Project design considerations are as follows:

a.

General requirements are that all buildings should have a unified design treatment; and finished construction on all sides; facades facing the river shall be considered in design and function as if a street facade; any roof treatments or parapets shall extend completely around the building; and all rooftop equipment shall be screened from view.

(5)

Parking and loading layout. Proposed parking and truck loading facilities shall be designed, located and screened to minimize adverse visual impact on adjacent properties.

(6)

Landscaping. Landscaping design should enhance the overall appearance of the downtown area, create a logical transition to adjacent development, screen incompatible structures and uses, and minimize the visual impact of parking facilities on adjacent sites and roadways. Plant materials shall be selected so as to withstand the city's climate and the microclimate on the property.

(7)

Signage. Signs should be minimal in number and size. Placement of signs shall not unduly obscure or interfere with sight lines to other properties. Signs should be architecturally compatible and contribute to the historic character of the area through the incorporation of tasteful presentations utilizing appropriate logos, symbols, graphics and/or text. Free-standing signs should incorporate architectural features or materials of the buildings or facilities they are intended to promote. Signs shall comply with all zoning requirements.

(8)

Site illumination. Site illumination shall be designed, located and installed so as to minimize adverse impacts on adjacent streets and properties, provide security, and enhance the overall quality of the development. Some site illumination design considerations are as follows:

a.

Exterior building lighting may be used to articulate a particular building design or accentuate an outstanding architectural feature. Neon silhouette accent lighting, bulb or flashing lighting, or fluorescent lighting is inappropriate.

b.

Parking lot and walkway lighting should relate a pedestrian scale and be sensitive to the historic atmosphere of the downtown area.

(9)

Historic preservation. Preservation of unique historic or architectural landmarks is encouraged. Development designs that do not detract from desirable architectural resources on surrounding sites are also encouraged.

(10)

Modifications to criteria. The above criteria may be modified by provisions of the flex development overlay, a planned development conditional use permit, or by administrative discretion as may be afforded by this chapter.

(Ord. No. 17-99, pt. 2, 12-7-99; Ord. No. 8-12, pts. 10—12, 8-15-12)

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

Antenna means an apparatus designed for the purpose of emitting radiofrequency radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.

Antenna equipment means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

Antenna facility means an antenna and associated antenna equipment.

Collocation means mounting or installing an antenna facility on a pre-existing structure, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

Facility or personal wireless service facility means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

Permit means any permit granted pursuant to section 82-93.

Permittee or permit holder means any person or entity granted a permit pursuant to section 82-93.

Right-of-way means the surface of, and the space above and below the entire width of, an improved or unimproved public roadway, highway, street, bicycle lane, landscape terrace, shoulder, side slope, and public sidewalk over which the City of Racine exercises any rights of management and control or in which the City of Racine has an interest.

Small wireless facility, consistent with 47 C.F.R 1.60002(1), means a facility that meets each of the following conditions:

(1)

The structure on which antenna facilities are mounted—

(i)

Is 50 feet or less in height, or

(ii)

Is no more than ten percent taller than other adjacent structures, or

(iii)

Is not extended to a height of more than ten percent above its preexisting height as a result of the collocation of new antenna facilities; and

(2)

Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and

(3)

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and

(4)

The facility does not require antenna structure registration under 47 CFR Part 17;

(5)

The facility is not located on Tribal lands, as defined under 36 CFR § 800.16(x); and

(6)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b)

Structure means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service, whether on its own or comingled with other types of services.

Utility pole means a structure in the right-of-way designed to support electric, telephone, and similar utility distribution lines and associated equipment. A tower is not a utility pole.

(Ord. No. 0002-19z, pt. 1, 4-15-19)

The provisions of this article shall not be applicable to the following:

(a)

Installation of a small wireless facility on the strand between two utility poles, provided that the cumulative volume of all wireless facilities on the strand shall not exceed one cubic foot, and provided further that the installation does not require replacement of the strand, or excavation, modification, or replacement of either of the utility poles.

(b)

Installation of a mobile cell facility (commonly referred to as "cell on wheels" or "cell on truck") for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

(c)

Placement or modification of a wireless telecommunications facility on structures owned by or under the control of the city.

(d)

Placement or modification of a wireless telecommunications facility by city staff or any person performing work under contract with the city.

(e)

Modification of an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic in the traveled portion of a street, and if the work does not change the visual or audible characteristics of the wireless telecommunications facility.

(Ord. No. 0002-19z, pt. 1, 4-15-19)

(a)

Freestanding small wireless facilities outside the right-of-way shall be permitted as telephone transmission equipment buildings and microwave relay towers, requiring a conditional use permit.

(b)

Building mounted facilities that comply with all the requirements of this article also shall be subject to administrative review and permitting procedures as outlined in the Municipal Code.

(1)

Antennas shall be imperceptible from street level and concealed with a parapet wall, concealed within a building or structure, or located within a chimney or other architectural element on the building.

(Ord. No. 0002-19z, pt. 1, 4-15-19)

(a)

Antenna design.

(1)

Wireless antennas on exterior of utility poles or structures shall be sized and designed in a manner that accomplishes the following:

a.

Antennas shall be blended into surrounding environment through observation and incorporation of the following design elements:

i.

Style, architecture, and/or design of buildings, monuments, and natural features in the area.

ii.

Colors, textures, and finishes of the surrounding built and natural environment.

b.

All conduit and wiring shall be completely enclosed within the utility pole or structure, totally concealing the wiring from view when possible.

i.

If conduit cannot be enclosed by the pole, all wiring shall be encased in weatherproof sleeve, encasing the pole and matching the color of the utility pole.

(2)

Wireless antennas concealed within utility poles or structures shall be sized and designed in a manner that accomplishes the following:

a.

All conduit and wiring shall be completely enclosed within the utility pole or structure.

b.

Poles with concealed antennas shall be no wider than 150 percent of any then-currently existing pole in the right-of-way within a 200 foot radius of the proposed location.

c.

Notwithstanding any other provision contained herein, the maximum width of a pole shall be four feet.

(b)

Appearance of utility poles/structures.

(1)

All newly erected utility poles or structures shall be designed to accommodate a municipal street light, including interior wiring, and shall contain antenna space for at least one additional carrier.

(2)

Materials and design.

a.

Materials utilized on a utility pole or structure shall have the same appearance as utility poles or structures on the same block on which they will be installed. In the event multiple styles of poles are on the same block, the director of city development, or designee, shall determine what style of pole is installed unless subject to review by the landmarks preservation commission, business improvement district, or other applicable design review committee.

(3)

Antenna location on utility pole/structure adjacent to street.

a.

Shall be at least ten feet above grade of sidewalk or curb and located as determined by the type of pole the equipment is affixed to.

i.

Steel, silver-colored style pole.

a.

Placement may occur:

i.

Inside the pole.

ii.

Top of the pole.

iii.

Mounted from the pole.

ii.

Wood pole.

a.

Placement may occur:

i.

Inside the pole.

ii.

Top of pole.

iii.

Mounted from the pole.

iii.

Metal pole, non-silver-color style pole.

a.

Placement may occur:

i.

Inside the pole.

ii.

Top of pole.

iv.

Concrete, cobblestone pole.

a.

Placement is not allowed on this type of pole.

v.

Globe style, where light is at top of pole.

a.

Placement may occur.

i.

Inside the pole.

vi.

Metal pole with dual lanterns.

a.

Placement may occur:

i.

Inside the pole.

ii.

Top of pole.

(4)

Antenna location on utility pole/structure within alleyway.

a.

Shall be located at least 15 feet above grade of ground.

(c)

Location.

(1)

Placement to be reviewed for approval by the director of city development, or designee, who shall consider the following:

a.

If the installation of a small wireless facility would pose a risk to vehicular, pedestrian and other traffic on the area.

b.

If the installation of a small wireless facility would pose a risk to the consistent and predictable development of an area.

c.

If alternatives to construction of a new utility pole or structure have been considered and reviewed by the applicant.

d.

If the placement of the small wireless facility would create adverse impacts on the aesthetic, architectural and cultural value of area.

e.

If the design and style of the small wireless facility is consistent with any adopted design guidelines or plan goals/objectives for the area.

f.

That there are no other utility and street infrastructure poles or facilities within a 40-foot radius of the proposed location.

(d)

Relocation. Except as otherwise prohibited by state or federal law, a permit holder must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate any of its wireless telecommunications facilities in the right-of-way whenever the city requests such removal and relocation. The city may make such a request:

(1)

To prevent the facility from interfering with a present or future city use of the right-of-way;

(2)

To prevent the facility from interfering a public improvement undertaken by the city;

(3)

To prevent the facility from interfering with an economic development project in which the city has an interest or investment;

(4)

When the public health, safety, or welfare require it; or

(5)

When necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way.

Notwithstanding the foregoing, a permit holder shall not be required to remove or relocate its facilities from any right-of-way that has been vacated in favor of a non-governmental entity unless and until that entity pays the reasonable costs of removal or relocation to the permit holder.

(Ord. No. 0002-19z, pt. 1, 4-15-19)

(a)

Design review.

(1)

Small cell facilities located within the bounds of a local or national historic district or landmark shall apply for a certificate of appropriateness which shall be reviewed by the landmarks preservation commission to determine the following:

i.

If the proposed style and design of the small wireless facility will create adverse impacts on the aesthetic, architectural and cultural value of the historic district or landmark. The secretary of the interior standards for the treatment of historic properties may be consulted when making a decision.

(2)

Small cell facilities located within the bounds of a access corridor or design review area as required by chapter 114 of the Municipal Code shall apply for design review through the department of city development who will request review by the BID or applicable design review committee to determine the following:

i.

If the proposed style and design of the small wireless facility will create adverse impacts on the aesthetic, architectural and cultural value of area.

ii.

If the overall design is consistent with the goals and/or objectives of the access corridor or area plan documents.

(b)

Collocation. Small wireless facilities collocating on existing wireless facilities or other telecommunications facilities shall be subject to administrative review in accordance with this chapter.

(c)

Subordinate and accessory equipment. All subordinate and/or accessory equipment to the antenna, including conduit and cabling, shall be located in one of the following manners, ranked in order of preference:

(1)

Completely within the confines of a building, concealed from view of passersby.

(2)

Buried completely underground in an equipment vault or equivalent device accomplishing substantially the same purpose.

(3)

On the roof top of a primary building which is not within a local or national historic district or landmark, or on a single unit, two unit, three unit, or four unit residential dwelling. Installations on rooftops shall meet the following standards:

i.

Application shall be accompanied by a statement from a structural engineer Licensed in the State of Wisconsin, certifying the rooftop can support the weight of the small cell facility and associated equipment.

ii.

Shall not exceed the highest point of the building mounted to by more than ten feet. The ten-foot extension above the building may exceed the maximum height limitation of the zone district where the small wireless facility is located.

iii.

Shall be designed to be minimally obtrusive and constructed with the same materials or textures and colors as the building on which located. Equipment shall be located no less than ten feet from building walls or parapets to help minimalize visual obtrusion.

(4)

On the ground in an equipment cabinet which is completely concealed by evergreen landscaping, with plans for plantings approved by the Department of city development.

(5)

May be mounted on the lower ⅓ portion of the pole, but only with technical reasons as to why the equipment cannot be located as described in [subsections] (1)—(4) of this section. This method shall require approval of a landscaping plan to conceal the equipment and a review by the city plan commission.

(d)

Signage and stickers. No signage or stickers shall be allowed on small wireless facilities, other than safety or warning signs as required by law.

(1)

Signage and stickers required by law shall be placed near or on the transmitting antenna, not subordinate equipment.

(2)

Signage and stickers shall face the street, away from buildings and sidewalks or be mounted on the underside of the equipment, visible only from underneath.

(3)

No logos or brand names on pole/structure, equipment, or lids for vaults.

(e)

Vegetation. All existing vegetation, including trees and shrubs, shall be preserved to the maximum extent possible.

(f)

Noise. All small wireless facilities shall comply with the following decibel requirements.

(1)

Generate no more than 45 decibels within three feet of any residential dwelling or city park boundary.

(2)

All other locations shall generate no more than 55 decibels.

(g)

Adverse effects on adjacent properties. The permit holder shall undertake all reasonable efforts to avoid undue effects upon adjacent properties and/or property uses that may arise from the construction, operation, maintenance, modification, or removal of the facility.

(h)

Maintenance.

(1)

The facility and any associated structures shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions.

(2)

All graffiti on facilities shall be removed at the sole expense of the permit holder within 48 hours after notification to the permit holder from the city.

(i)

Record retention. The permit holder shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions, and other documentation associated with the permit or regulatory approval. In the event the city cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permit holder fails to retain full and complete records in the permit holder's files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permit holder.

(j)

Abandonment.

(1)

The permit holder shall promptly notify the city whenever a facility has been abandoned, has been removed from use, or has not been in use for a continuous period of 60 days or longer.

(2)

All facilities, including utility poles and/or utility structures that have been used by a small wireless facility provider and are not being used by the municipality or other utility, shall be removed entirely within 90 days after they have been abandoned or removed from service.

(3)

Notwithstanding any other provision herein, facilities of a permit holder that, for one year, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the city may, at its option:

a.

Abate the nuisance and recover the cost from the permit holder or the permit holder's successor in interest;

b.

Take possession of the facilities; and/or

c.

Require removal of the facilities by the permit holder or the permit holder's successor in interest.

(4)

Upon removal or relocation of a facility, the permit holder shall restore the right-of-way to its prior condition in accordance with City of Racine specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the restorations herein required, the city at its option may do such work. In that event, the permit holder shall pay to city, within 30 days of billing therefor, the cost of restoring the right-of-way.

(Ord. No. 0002-19z, pt. 1, 4-15-19)