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Richfield Village Washington County
City Zoning Code

ARTICLE 6

Zoning Districts and Land Use

§ 170.800 Legislative findings.

The Village Board makes the following legislative findings:
A. 
The use of land in the Village has a direct bearing on the public health, safety, and welfare.
B. 
Standards are needed to ensure that new development is done in a coordinated manner.
C. 
The provisions in this article are adopted consistent with state statutes.
D. 
Each parcel of land in the Village is intended to have a zoning designation.
E. 
In some instances, state and federal law limit the Village's ability to regulate certain land uses.

§ 170.801 Purpose.

This article promotes the public health, safety, and welfare and is intended to:
A. 
Promote a sound development pattern by separating the Village into various districts where each has uniformly applicable development standards;
B. 
Separate incompatible land uses to the greatest extent possible;
C. 
Encourage the most appropriate use of land throughout the Village;
D. 
Regulate and control the erection, construction, reconstruction, alteration, repair, and use of buildings, structures, and land;
E. 
Provide for a variety of housing options;
F. 
Allow different, but compatible land uses (i.e., mixed uses), to occur in specified areas of the Village;
G. 
Avoid or, as a less preferred alternate, minimize congestion;
H. 
Avoid or, as a less preferred alternate, minimize environmental degradation; and
I. 
Preserve prime agricultural lands and stabilize the economic base of farming in the Village as well as to allow for needed urban expansion.

§ 170.820 Division of Village.

The Village is divided into a number of base zoning districts so that each parcel of land is located in at least one district and potentially more than one district. For each of these districts, appropriate types of land uses are identified along with development standards when applicable.

§ 170.821 Base zoning districts established.

A. 
Base zoning districts. Recognizing that different areas of the Village serve unique functions, the Village is divided into a number of zoning districts. Even though some of the districts may share similar characteristics, they possess one or more unique qualities that set them apart from the other districts. Although these districts may not now possess each of the attributes in these descriptions, it is intended that as land uses change over time they more closely reflect the intended uses. Uses are allowed in the various districts consistent with the development standards in this article and development limitations as described in § 170.900 and other sections. Each of the land uses listed in the land use matrix (Appendix A)[1] that are shown as being allowed in a zoning district are determined to be consistent with the purpose statements of such district.
[1]
Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.
B. 
Establishment.[2] The following base zoning districts are established as described in Appendix C:[3]
Residential Districts
Exclusive Agricultural District (A-1)
General Agricultural District (A-2)
Country Estates (RS-1)
Country Estate/Remnant Parcel (RS-1R)
Single-Family Residential and Rural Preservation (RS-1A)
Single-Family Cluster Residential (RS-1B)
Single-Family Residential (RS-2)
Single-Family Residential (RS-3)
Single-Family Lake Lots (RS-4)
Commercial Districts
Neighborhood Business (B-1)
Community Business (B-2)
General Business (B-3)
Highway Business (B-4)
Downtown Business (B-5)
Destination Venue (B-6)
Industrial Districts
Light Industry (I-1)
General Industry (I-2)
Special Purpose Districts
Institutional (INST)
Park and Recreation (P-1)
Railroad (SP-1)
[2]
Editorial Note: The A-1A, M-1, M-2, M-3, M-4, M-5, LC, UC, F-1, and Office/Light Industrial Districts were removed as part of the 2020 rewrite of the zoning code, and the I-1, I-2, SP-1, and B-6 Districts were added.
[3]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.

§ 170.822 Overlay zoning districts.

A. 
Generally. Overlay zoning districts, as the name would suggest, are applied on top of base zoning districts to account for unique conditions or requirements.
B. 
Establishment. The following overlay zoning districts are established:
(1) 
Floodplain Overlay District. This district includes those lands within the 100-year floodplain, including any mapped subdistricts, as established by the Federal Emergency Management Agency. Additional details are set forth in Article 9.
(2) 
Shoreland-Wetland Overlay District. This district includes specified wetlands within the shoreland areas. Additional details are set forth in Article 10.
(3) 
Shoreland Overlay District. This district includes land within the shoreland areas. Additional details are set forth in Article 11.
(4) 
Environmental Corridor. This district includes those lands designated as primary and secondary environment corridor by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) in their mapping in 2015. Additional details are set forth in Article 12.

§ 170.823 Planned development districts (PDDs).

Planned development districts are a special type of zoning district and are established consistent with the procedures and requirements in Article 5. Each district is unique and therefore has its own set of development standards that are documented in the general development plan, and associated development agreement, if any. PDD districts are numbered sequentially (i.e., PDD-01, PDD-02, etc.).

§ 170.824 Relationship between base and overlay zoning districts.

If a parcel is located in one or more overlay districts, the regulations that apply to the underlying base zoning district remain in effect, except as modified by the overlay district(s), and if there is any conflict between the overlay district(s) and the base zoning district, the most restrictive controls.

§ 170.825 Necessity of zoning district designation.

It is the intent of this article that no land shall be without a zoning district designation, unless specifically noted on the Zoning Map. In the event a parcel of land is for any reason deemed to be without a designation, no land development shall occur until such time as the Village Board has assigned the parcel, or part thereof, an appropriate zoning classification.

§ 170.826 Effect of land transfer on zoning designation.

Adjoining property owners are able to transfer land from one lot to another in certain circumstances pursuant to Ch. 236, Wis. Stats. In those situations where the affected lots are in different zoning districts, a transfer does not alter the location of the zoning district boundary until such time as the Zoning Map has been amended as set forth in Article 5.

§ 170.827 Zoning Map.

A. 
Title. The map that depicts the location of the various zoning districts shall be titled "Village of Richfield."
B. 
Official Zoning Map. The Village Clerk shall maintain one paper copy of the Zoning Map as the official map which shall be signed by the Village President and attested by the Village Clerk. If there is a discrepancy between this Zoning Map and other maps as may be made available, the map maintained by the Village Clerk shall control in all instances.
C. 
Availability. The Zoning Map maintained by the Village Clerk shall be available for public inspection upon request. The Village Clerk and Zoning Administrator may post the Zoning Map on the Village's website and otherwise make and distribute copies in a manner deemed appropriate.
D. 
Preparation of a new official map. In the event the Zoning Map maintained by the Village Clerk is damaged, lost, or destroyed, and after each amendment, the Zoning Administrator shall prepare a new Zoning Map and submit it to the Village President and Village Clerk for signature.
E. 
History of amendment. The Zoning Map maintained by the Village Clerk may contain a descriptive history of recent amendments that have been made, indicating the ordinance number and date of action.
F. 
Archive of superseded maps. The Village Clerk shall maintain a permanent archive of superseded Zoning Maps that are created after January 1, 2021.
G. 
Amendment. The procedure and requirements to amend the Zoning Map are set forth in Article 5.

§ 170.840 Land uses generally allowed within zoning districts.

A. 
General purpose zoning districts. For the purposes of this chapter, land uses, as defined in Appendix B[1] are classified as principal, accessory, or temporary. Appendix A[2] lists principal land uses (Series 1 to 16), accessory uses (Series 17), and temporary uses (Series 18). Each of the land uses is designated as one of the following:
(1) 
"P" indicates that the use is permitted in the zoning district by right, provided that all other provisions of this chapter are met.
(2) 
"C" indicates that the use is allowed in the zoning district as a conditional use, provided that all other provisions of this chapter are met.
(3) 
"WT" indicates that the use is subject to the special review standards and procedures for wireless telecommunication facilities.
(4) 
"-" indicates that the use is not permitted in the zoning district.
[1]
Code Editor's Note: Appendix B is included in Chapter 170A, Zoning Appendix.
[2]
Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.
B. 
Planned development districts. Land uses that are permitted in a planned development district are enumerated in the general development plan for the district, along with development standards, if any.

§ 170.841 Similarity of land uses.

Because the list of land uses cannot include every conceivable type of activity, those land uses that are listed shall be interpreted to include other land uses that are of a similar nature and have similar impacts to the listed use.

§ 170.842 Land uses not listed.

A land use that is not listed, and which cannot be interpreted to be similar to any listed land use as provided in § 170.841, is prohibited.

§ 170.843 Project classified in more than one land use category.

If a proposed project includes both an allowable land use and a prohibited land use, the prohibited portion of the project shall not occur in the zoning district.

§ 170.844 Wind energy.

This chapter does not include any regulations relating to wind energy systems. The Village of Richfield may, however, enact an ordinance to regulate wind energy systems pursuant to the procedures and requirements set forth in § 66.0401, Wis. Stats.

§ 170.845 Special standards for accessory land uses.

A. 
Generally. No accessory building shall be constructed until the principal building is completed or is under construction.
B. 
Exemption for a utility cabinet. For the purpose of this chapter, a utility cabinet may be established on a vacant lot prior to the establishment of a principal use.
C. 
Removal of a principal building while retaining an accessory building. Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception to allow the removal of a principal building, while retaining the accessory building, when the Commission determines that the principal building is dilapidated and the accessory building meets current building codes and serves a useful purpose. If the Commission approves the special exception, the property owner must record a deed restriction, as approved by the Commission, in the Washington County Register of Deeds office that controls the use of the accessory building and incorporates any requirement imposed by the Commission as a condition of approval, such as time limitations (e.g., construction of a principal building).

§ 170.846 Special provisions for community living arrangements.

A. 
Limitations. Under state law, a Village may not limit the number of community living arrangements so long as the total capacity of such facilities does not exceed 25 or 1% of the Village's population, whichever is greater. When that threshold is exceeded, the Village Board may prohibit additional community living arrangements from being located in the Village. Additionally, when the capacity of community living arrangements in a ward reaches 25 or 1% of the population, whichever is greater, the Village Board may prohibit additional community living arrangements from being located in the ward. A foster home or a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under § 48.62, Wis. Stats., and an adult family home certified under § 50.032(lm)(b), Wis. Stats., are exempt from this provision.[1]
[1]
Editorial Note: See § 59.69(15)(b)(1) and also § 59.69(15)(bm), Wis. Stats.
B. 
Periodic review of existing facilities. Not less than 11 months but not more than 13 months after the first licensure of an adult family home under § 50.033, Wis. Stats., or of a community living arrangement and every year thereafter, the Village Board may make a determination pursuant to § 59.69(15)(j), Wis. Stats., as to the effect of such facility on the health, safety, or welfare of residents of the municipality. If the Village Board determines such facility poses a threat to the health, safety, or welfare of the residents of the municipality, the Village Board may order such facility to cease operation or obtain a conditional use permit to continue operation. Such facility shall cease operation within 90 days after date of the order, or the date of final judicial review of the order, or the date of the denial of a conditional use permit, whichever is later. The fact that an individual with acquired immunodeficiency syndrome or a positive test for the presences of HIV, as defined in § 252.01(1M), Wis. Stats., antigen or nonantigenic products of HIV or an antibody to HIV resides in a community living arrangement with a capacity of eight or fewer persons may not be used under this subsection to assert or prove that the existence of the community living arrangement in the community poses a threat to the health, safety, or welfare of the residents of the Village.[2]
[2]
Editorial Note: See §§ 59.69(15)(i), 59.69(15)(im), Wis. Stats.

§ 170.847 Special provisions for specified foster homes and treatment foster homes.

Foster homes which are owned, operated, or contracted for by the State of Wisconsin or a county department, are not subject to this article.[1] All other foster homes and treatment foster homes must comply with this article.
[1]
Editorial Note: See 63 Atty. Gen. 34.

§ 170.848 Map of conditional uses.

The Zoning Administrator is authorized to prepare a map showing those properties that have an active conditional use permit and to amend the same from time to time.

§ 170.860 Conformance required; modification of lots.

A. 
Applicable standards. Lots, buildings, and other structures not located within a planned development district must conform to the dimensional standards specified in Appendix C,[1] except as may be otherwise allowed in this chapter. The standards for lots, buildings, and other structures in a planned development district are enumerated in the general development plan for the zoning district.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
B. 
Change in lot. The size and/or configuration of a lot shall not be modified by any means when such modification increases the degree of an existing nonconformity or makes a conforming lot or building nonconforming. This restriction does not, however, apply when a governmental body acquires land from a willing or unwilling seller for a road construction project or any other public project.

§ 170.861 Lot area.

A. 
Intent. The size of buildable lots, along with other dimensional standards, are used to encourage mutually compatible uses as set forth in the Village's Comprehensive Plan.
B. 
Standard. The minimum size of lots must comply with the standards specified in Appendix C,[1] except when such lots are otherwise authorized herein.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Exemptions. An outlot created by a land division that is authorized by the Village is exempt from the minimum lot size requirements if such parcel is dedicated to the public or used for stormwater facilities or other types of development-related infrastructure or common open space, including walking and recreation trails.
D. 
Measurement of lot area. Lot area is measured on the horizontal plane and excludes the following:
(1) 
The area, if any, between the front lot line and the base setback line so designated on Washington County's Highway Width Map;
(2) 
That area of a flag lot that constitutes the stem; and
(3) 
Fifty percent of the land below the ordinary high-water mark.
E. 
Use of a lot not meeting specified dimensional standards. The use of a vacant nonconforming lot is governed by requirements in Article 15.
F. 
Change in lot with a conditional use. The property boundary lines of a lot containing a conditional use shall not be modified in any manner without the express authorization of the Village Board upon recommendation of the Plan Commission. If the Plan Commission determines that the proposed reconfiguration or change in lot area is substantive, the proposed change may only occur if the Village Board grants a new approval of the proposed lot consistent with the review procedures and requirements for a conditional use in effect at the time.
G. 
Lot area in the context of land divisions. Minimum lot area requirements are one of many factors that affect how many lots could potentially be created through the land division process.

§ 170.862 Lot configuration.

A. 
Intent. Standards controlling the configuration of lots are intended to avoid oddly shaped lots, multisided lots, and any other configuration that increases the likelihood a property owner might seek relief from a dimensional standard arising from a poorly designed lot.
B. 
Standard. Side lot lines must be substantially at right angles or radial to street lines. Lot lines shall not cross municipal boundaries. As a general rule, lots must be rectangular in shape, and lots having more than five sides shall be avoided. However, a lot line may follow the center of the stream when lot(s) on either side conform with all other requirements.
C. 
Depth and width. The depth to width ratio of a lot must not exceed 2.5 to 1. Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception to exceed this standard to account for special circumstances, provided that all other requirements can be met. A special exception shall not be granted when doing so will allow an increase in the number of lots that could be created through the land division process.

§ 170.863 Lot density.

A. 
Intent. The concept of residential density regulations is to control the intensity of land use in relationship to the natural, physical, and ecological characteristics of the area; the capacity for adequate sewage disposal; the ability to provide appropriate municipal services; basic economic factors, and to achieve the desired character as set forth in the Village's Comprehensive Plan.
B. 
Standard. The maximum number of lots within a proposed development must comply with the standards specified in Appendix C.[1] If the zoning district does not specify a density, the maximum lot density is presumed to be one principal building per the minimum required lot size.
[1]
Code Editor’s Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Calculation.
(1) 
The maximum number of lots that could potentially be created in a development project is calculated as follows:
(gross area - deductions) / lot density = maximum lots
(2) 
For example, in a district with a maximum density of one building lot per three acres, no more than 10 lots would be allowed to be created from a parcel of 30 acres, assuming there are no deductions.

§ 170.864 Lot frontage.

A. 
Intent. Each lot must have direct physical access to the road system.
B. 
Standard. Each lot must have frontage on a public street for physical access to the lot in the location approved by the Village, Washington County, or State of Wisconsin for the distance specified in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Exemptions. A parcel created by a land division that is authorized by the Village is exempt from the street frontage requirements if such parcel is dedicated to the public or used for stormwater facilities and/or other type of development-related infrastructure or common open space, including walking and recreation trails.
D. 
Measurement of lot frontage. Lot frontage is measured along the front lot line or the base setback line established by the Washington County Highway Width Map, whichever is furthest from the center of the abutting roadway. Frontage on a public road where access is prohibited by the body with jurisdiction to control access does not constitute frontage for the purpose of this section.

§ 170.865 Lot width.

A. 
Intent. Lot width requirements, along with other dimensional standards, establish minimum requirements to ensure compatibility of lots and that lots are buildable consistent with the character as set forth in the Village's Comprehensive Plan.
B. 
Standard. The width of lots must comply with the standards specified in Appendix C,[1] unless otherwise modified.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Exemptions. A parcel created by a land division that is authorized by the Village is exempt from the lot width requirements if such parcel is to be dedicated to the public or used for stormwater facilities and/or other types of development-related infrastructure or common open space, including walking and recreation trails.
D. 
Measurement of lot width. Lot width is measured along an imaginary line generally parallel to the front lot line and at the front-yard building setback line.

§ 170.866 Water frontage.

A. 
Intent. Lots fronting on a lake must have a sufficient width to provide for reasonable access to the water for use and enjoyment.
B. 
Measurement of water frontage. Water frontage is measured perpendicular to one or both of the side lot lines at the ordinary high-water mark.

§ 170.867 Floor area.

A. 
Intent. Standards for controlling the minimum and maximum floor area of buildings are intended to ensure development is compatible with the size of the lot and the character of development as set forth in the Village's Comprehensive Plan.
B. 
Measurement of floor area. Floor area is measured from exterior wall to exterior wall. In multi-unit buildings, floor area is measured from exterior wall to exterior wall and from the center of common walls between adjoining units.
C. 
Standard for residential living area. A building intended in whole or part for residential purposes must provide a minimum floor area as specified in Appendix C.[1] Such minimums are stated in terms of the minimum total floor area required for a building and that portion of the total which must be provided on the first-floor level. In a split level building the first-floor level shall include all areas which are not over another living area of the building. The following are specifically not included in such measurement:
(1) 
Basements and crawl spaces;
(2) 
Attics not used for living purposes;
(3) 
Attached garages;
(4) 
Breezeways;
(5) 
Unheated sunrooms;
(6) 
Porches;
(7) 
Balconies;
(8) 
Stoops;
(9) 
Any space above the first floor, where the floor-to-ceiling height is less than seven feet; and
(10) 
Similar features.
[1]
Code Editor’s Note: Appendix C is included in Chapter 170A, Zoning Appendix.
D. 
Standard for residential garages. The floor area of residential garages must comply with the standards in Appendix C.[2]
[2]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.

§ 170.868 Building coverage.

A. 
Intent. Building coverage is a measure of how much of a lot is occupied by buildings and is used in conjunction with other standards, such as building height, to ensure buildings fit the character of each zoning district as generally set forth in the Village's Comprehensive Plan.
B. 
Standards. Development on a lot must comply with the building coverage standards set forth in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Measurement and calculation of building coverage.
(1) 
Building coverage is the ratio of the footprint of all buildings on a lot to the net lot area, expressed as a percent. It is calculated as follows:
(total floor area / net lot area) x 100 = building coverage
(2) 
For the purpose of this section, total floor area is the footprint of all buildings measured from the outside of exterior walls. The following are specifically not included in such measurement:
(a) 
Decks,
(b) 
Patios,
(c) 
Swimming pools, and
(d) 
Any building with a footprint of 50 square feet or less.
(3) 
For the purpose of this subsection, net lot area is described in § 170.861.

§ 170.869 Impervious surface.

A. 
Intent. Standards to control the amount of impervious surface are intended to protect natural vegetation, land features, and the aesthetics of a lot for the benefit of the subject property and surrounding properties.
B. 
Standard. The amount of land disturbance must comply with the standards specified in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Measurement and calculation of impervious surface.
(1) 
Impervious surface is the ratio of total impervious surface on a lot to the net lot area, expressed as a percent. It is calculated as follows:
(total impervious surface / net lot area) x 100 = impervious surface
(2) 
For the purpose of this section, net lot area is described in § 170.861.

§ 170.870 Height of buildings and other structures.

A. 
Intent. Standards controlling the height of buildings and other structures, along with other dimensional standards, to ensure that structures fit the character of each zoning district as generally set forth in the Village's Comprehensive Plan.
B. 
Standard. Except as specified in this section, the height of buildings and other structures must comply with the standards specified in Appendix C,[1] except as modified.
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Measurement of building height. The vertical distance from the grade plane to the average height of the highest roof surface.
Exhibit 6-1
Measuring Building Height
D. 
Modifications. The height standards in Appendix C are modified as follows:
(1) 
Essential services, such as utilities, water towers, transmission towers and lines, are exempt from the height limitation for the zoning district in which they are located.
(2) 
The height of telecommunication towers is governed by the standards established under Appendix B.[2]
[2]
Code Editor's Note: Appendix B is included in Chapter 170A, Zoning Appendix.
(3) 
Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception for spires, steeples, cupolas, and chimneys on institutional, commercial, and industrial buildings.

§ 170.871 Building setbacks.

A. 
Intent. Building setback standards, along with other dimensional standards, establish a pattern of development in each of the zoning districts. The established setback standards provide for a varying degree of:
(1) 
Privacy between neighbors;
(2) 
Separation to mitigate noise and odor;
(3) 
Space for light and air circulation;
(4) 
Land for landscaping, recreational use, pleasure, and stormwater management;
(5) 
Land for maintaining the exterior of buildings and other structures;
(6) 
Room for the placement and maintenance of underground and aboveground utilities; and
(7) 
Room for emergency vehicles between and around buildings and other structures.
B. 
Generally. Except as allowed in this section, buildings must comply with the setback requirements set forth in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
C. 
Establishment of base setback line. Base setback lines are established generally parallel to the center line of all public streets and ways, and shall be located on the street right-of-way line as shown on the Washington County Highway Width Map as may be amended from time to time.
D. 
Setback standards. No building shall be erected, structurally altered, or relocated so that any vertical wall/support, supporting a roofed or enclosed portion is closer to the base setback line than the setback distance specified in Appendix C, except as allowed in this section. For the purpose of this section, a roof overhang of 24 inches or less is not included in any setback measurement.
E. 
Setback averaging.
(1) 
The following exceptions apply only where the setback requirements affect all properties identically:
(a) 
Where the nearest existing building on one side of the building is within 150 feet and has less than the required setback, the average between the existing setback and the required setback applies.
(b) 
Where the nearest existing buildings on both sides of a building are within 500 feet of the building, but not closer than 300 feet to each other, and have less than the required setback, the average of the existing setbacks and the required setback applies.
(c) 
Where the nearest buildings on both sides of a building are within 300 feet of each other and have less than the required setback, the average between the existing setbacks applies.
(d) 
In the case of a proposed addition to an existing building which has less than the required setback, such existing building may be considered the "nearest existing building" in order to apply these exceptions in determining the required setback for the proposed addition.
(2) 
For the purpose of this subsection, the following rules apply when applying setback averaging:
(a) 
Building projections which may extend into the setback area are not to be included.
(b) 
Setback reductions as allowed by a variance shall not be included.
F. 
Decks and porches. Decks and porches are considered to be part of the building and therefore must comply with all applicable setback requirements or as allowed in Subsection H below.
G. 
Wheelchair access ramps. The Building Inspector may, upon written petition, allow the construction of an unenclosed wheelchair access ramp in a setback area, provided that the proposed location for the ramp is the only reasonable location based on the existing configuration of the building and the ramp encroaches into the offset area no more than is necessary to provide access to the building. Also see Article 16 for additional provisions relating to reasonable accommodations.
H. 
Use of setback areas. The only permanent structures permitted within the setback area include necessary public utility devices, fences, and those signs permitted in residential and agricultural zoning districts and in the P-1 District. Any required setback area shall be landscaped and kept clean and free from the accumulation of debris or refuse, and shall not be used for the storage or display of equipment, products, vehicles, or any other material.
I. 
Corner lots. On corner lots of record, as of April 1, 2022, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet. If setback regulations create a building envelope that is less than 30 feet wide, the Plan Commission may approve a lesser setback as a special exception consistent with the procedures and requirements in Article 5.
J. 
Exceptions. The following may be located in a required setback, provided that they do not extend into, or are located within, a utility easement or a required fire lane and meet all other requirements of this chapter:
(1) 
Landscaping;
(2) 
Retaining walls;
(3) 
Fences;
(4) 
Freestanding mailboxes and newspaper boxes;
(5) 
Play equipment, except not in a front yard;
(6) 
Small objects easily moved by hand, such as birdbaths, birdfeeders, and birdhouses;
(7) 
Portable grills, picnic tables, and yard furniture, but not when located on a patio or deck;
(8) 
Gardens;
(9) 
Flagpoles;
(10) 
Compost bins;
(11) 
Clotheslines;
(12) 
Sidewalks, but not closer than five feet to a lot line of a parcel;
(13) 
Driveways, but not closer than five feet to a side lot line;
(14) 
Specified building projections as described in Exhibit 6-2;
(15) 
Components of a private on-site sewage system, including holding tanks (if allowed), leach fields, and septic tanks, provided that separation requirements in Chapter 16 of the General Code of Washington County are met;
(16) 
Wellheads not located in a building or other structure, provided that separation requirements in state law are met;
(17) 
Those structures and uses where applicable development standards in Appendix C[2] either exempt the structure or use from setback requirements or establish alternate setbacks requirements; and
[2]
Code Editor’s Note: Appendix C is included in Chapter 170A, Zoning Appendix.
(18) 
Other structures and land uses when exempted by the Zoning Administrator, provided that such exemption is in keeping with the intent of this chapter.
Exhibit 6-2
Allowable Building Projections Into Required Setback
Feature
Maximum Projection
Sills, belt courses, buttresses, cornices, ornamental features, and the like
8 inches into a required front, side, or rear yard
Eaves
24 inches into a required front, side, or rear yard
Chimneys
36 inches into a required front, side, or rear yard
Open or lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers
5 feet into a required side or rear yard
Balconies
3 feet into a required front or side yard;
5 feet into a required rear yard
Steps, stoops, and porches, provided that they are not higher than the ground floor elevation
8 feet into a required front yard;
3 feet into a required side or rear yard

§ 170.872 Separation requirements for on-site sewage systems and water wells.

On-site sewage systems and water wells shall comply with all separation requirements as may be established by Washington County or the State of Wisconsin.

§ 170.873 Separation requirements for buildings.

No accessory building shall be erected, structurally altered, or relocated so that any roofed or enclosed portion thereof is closer than 10 feet to the principal building on the lot, without a firewall.

§ 170.874 Placement of detached accessory buildings on lot.

Except as may be permitted in this section, a detached accessory building must be located behind the front face (i.e., face of the building closest to the street) of the principal building (Exhibit 6-3). In the case of a corner lot, the detached accessory building shall meet the minimum setback requirements from all streets. Only accessory buildings for agricultural uses are permitted in front of the principal building. Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception to allow an accessory building in front of the principal building. In making such decision, the Plan Commission must consider:
A. 
The size of the subject property;
B. 
The character of the area;
C. 
The size of the proposed accessory building;
D. 
The extent to which the proposed accessory building is visible from public and private streets and other properties in the area;
E. 
The practical difficulty in placing the proposed accessory building in the location described in this subsection; and
F. 
Other factors related to relevant circumstances.
Exhibit 6-3
Placement of Accessory Buildings

§ 170.875 Number of principal buildings on parcel.

A. 
Generally. Every building hereafter erected, structurally altered, or relocated shall be located on a single lot. In no case, except in business districts, industrial districts, and planned development districts, shall there be more than one principal building on a lot, except as provided in this section. The principal residential building shall be built first in all districts.
B. 
Distinction between one building and multiple buildings.
(1) 
In the administration of this section, a person may not claim that two or more buildings should be counted as one building by virtue of any of the following:
(a) 
Connection by a breezeway of any length;
(b) 
Connection by a deck;
(c) 
Connection by a porch;
(d) 
Any underground connection of any type;
(e) 
Any connection that is not heated, ventilated, or air conditioned in the same manner as the main building;
(f) 
Any connection that serves no significant purpose other than a walkway;
(g) 
Any connection that is significantly smaller in dimension than the connected parts; or
(h) 
Any connection that allows motor vehicles to drive through the connection.
(2) 
The above distinction is intended to require each building to have a single, integrated configuration of enclosed space and to prohibit the appearance of multiple buildings in excess of established limitations.
C. 
Exception.
(1) 
The Village Board, upon recommendation of the Plan Commission, may approve the issuance of a new single-family residential home building permit, and allow the occupancy of an existing residential structure on a parcel, for a period of time not to exceed two years during the construction of the new residence. Such approval shall be subject to specifications and additional conditions as required by the Plan Commission and Village Board, in the interest of the health, safety, and welfare of the Village.
(2) 
Prior to issuance of the building permit, the property owner must provide a cash deposit, approved by the Building Inspector and the Village Board, and a signed agreement, approved by the Village Attorney and the Village Board. The financial guarantee shall equal 110% of the cost of removing the existing residential building and restoring the site to an acceptable condition as determined by the Building Inspector. In setting the amount of the financial guarantee, the property owner may submit, and the Building Inspector may require the property owner to submit, bids from qualified contractors for all work related to the removal of the building and restoration of the site. The signed agreement must, at a minimum, include the following provisions:
(a) 
The property owner will remove the existing residential building within 60 days from the issuance of the occupancy permit for the new residence.
(b) 
The Village is authorized to access the property to remove the existing residential building if the property owner fails to do so within 60 days of issuance of an occupancy permit for the new residence.
(c) 
The Village may assess a special charge against the subject property to the extent the financial guarantee is insufficient to remove the existing residential building and restore the site to an acceptable condition as determined by the Building Inspector.
D. 
Additional standards. When this chapter allows more than one principal building on a lot, the Plan Commission or Village Board, as appropriate, may:
(1) 
Require a greater setback than what is normally required for the zoning district in which it is located;
(2) 
Require additional landscaping;
(3) 
Establish a minimum separation between principal buildings; and
(4) 
Impose any other condition necessary to account for concerns related to the purposes of this chapter as set forth in § 170.05 or in other sections of this chapter.

§ 170.876 Number of accessory buildings on lots.

A. 
Generally. The number of accessory buildings on a lot must comply with the requirements set forth in Appendix C.[1]
[1]
Code Editor's Note: Appendix C is included in Chapter 170A, Zoning Appendix.
B. 
Distinction between one building and multiple buildings.
(1) 
In the administration of this section, a person may not claim that two or more buildings should be counted as one building by virtue of any of the following:
(a) 
Connection by a breezeway of any length;
(b) 
Connection by a deck;
(c) 
Connection by a porch;
(d) 
Any underground connection of any type;
(e) 
Any connection that is not heated, ventilated, or air conditioned in the same manner of the main building;
(f) 
Any connection that serves no significant purpose other than a walkway;
(g) 
Any connection that is significantly smaller in dimension than the connected parts; or
(h) 
Any connection that allows motor vehicles to drive through the connection.
(2) 
The above distinction is intended to require each building to have a single, integrated configuration of enclosed space and to prohibit the appearance of multiple buildings in excess of established limitations.
C. 
Rural accessory buildings. Pursuant to the procedures and requirements in Article 5, the Plan Commission may allow more accessory buildings than what is specified when one or more of the accessory buildings on a lot are designated as a rural accessory building.

§ 170.900 Site restrictions.

No land shall be used, or structure erected, where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the Village and its citizens. The Village Engineer, in applying the provisions of this section shall, in writing, recite the particular fact upon which he or she bases their conclusion that the land is not suitable for a certain use. Once such a determination has been made, the Zoning Administrator, Building Inspector, or other governmental official or body shall not issue a development order or other approval authorizing the development in the area subject to the development constraint. The property owner shall have the right to appeal such administrative decision consistent with the procedures and requirements in Article 5. The Zoning Administrator may reconsider his or her determination at any time and render a new determination if new or additional facts become known or if the facts upon which the determination was made are not accurate.

§ 170.901 Establishment of building grades.

Every building hereafter erected, structurally altered, or relocated shall be at a grade approved by the Building Inspector as being in satisfactory relationship with the established street grades, or with the existing street grade where none is established, with particular consideration for proper drainage and safe vehicular access.

§ 170.902 Vision corner setbacks.

No obstruction such as structures, automobile parking or vegetation shall be permitted in any district between the heights of 2 1/2 feet and 10 feet above the mean curb grades within the triangular space formed by any two existing or proposed intersecting streets or alley right-of-way lines and a line joining points on such line located a minimum of 15 feet from their intersection. In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distance establishing the triangular vision clearance space shall be increased from 15 to 30 feet.

§ 170.903 Drainage.

A. 
Adequate drainage required. No principal building shall be erected on or moved onto land where the building is subject to periodic flooding or where the land is not adequately drained at all times, or where the first-floor level is less than two feet above the highest anticipated floodwater level.
B. 
Obstruction to drainage prohibited. The damming, filling, relocating, or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse is not allowed except with approval of the Plan Commission.

§ 170.904 Sanitation and water supply.

No principal building involving human use or occupancy shall be permitted on a lot unless provision is ensured for safe and adequate facilities for water supply and sewage disposal as determined by the Washington County Sanitarian or his/her designee.

§ 170.905 Erosion control and stormwater management.

All land-disturbing activities authorized by this chapter must comply with the erosion control and stormwater management requirements in Chapter 167 of the Municipal Code as applicable.

§ 170.906 Groundwater protection.

All development projects authorized by this chapter must comply with the groundwater protection standards in Chapter 167 of the Municipal Code, except for single-family dwelling units which are exempt.

§ 170.907 Traffic impact analysis.

A. 
When required. A traffic impact analysis is required when the anticipated number of trips per day of the proposed development at build-out is 500 or more. When the number of trips is 300 or more but less than 500, the Village may, in its sole discretion, require a traffic impact analysis when circumstances warrant such review.
B. 
Purpose. A traffic impact analysis evaluates the adequacy of the existing transportation system to serve the proposed development and determine the expected effects of the proposed development on the transportation system. The traffic impact analysis must provide adequate information for Village staff to evaluate the development proposal and to provide recommended conditions of approval in the event approval is recommended.
C. 
Preparation. When a traffic impact analysis is required, the applicant must hire an engineer as approved by the Zoning Administrator to prepare the report. The approved engineer shall have expertise in transportation planning.
D. 
Trip generation rates. Trip generation rates for various land uses shall be based on the manual entitled "Trip Generation" (latest edition) published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if it can be shown that the alternative source better reflects local conditions.
E. 
Form and content. A traffic impact analysis must be completed consistent with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation.

§ 170.920 Compliance with building codes.

A building must comply with all applicable building codes for the intended use.

§ 170.921 Licensing with Village and county.

In addition to meeting the requirements in this chapter, all land uses shall also meet any requirements for licensing with the Village and the county which may now exist or may be adopted.

§ 170.922 Licensing with state agencies.

If a land use or any related activity requires a license from the state, or its agent, to operate, such license shall be obtained prior to the establishment of such use and maintained for the life of the use or until the state, or its agent, no longer requires such license.

§ 170.923 Special provisions for residential land uses.

A. 
On-site storage of a recreational vehicle. A recreational vehicle may be kept on a residential property, provided that it belongs to the occupant of the dwelling unit. Any such recreational vehicle that is not stored within a building shall be licensed by the State of Wisconsin or any other state.
B. 
Parking of a commercial vehicle as an ancillary use to a residential use. In all zoning districts, except for business and industrial districts, the occupant of a dwelling unit may park no more than one panel truck and/or one pickup truck on the premises, provided that it is used for business purposes.
C. 
Residential parking. Parking of vehicles accessory to a residential use shall be limited to those actually used by the residents, or for the temporary parking of guests.

§ 170.924 Parking of abandoned or junked motor vehicles.

A motor vehicle that is no longer in use as a mode of transportation, or is no longer licensed shall not be stored anywhere on any premises unless it is completely enclosed in a structure, or located in an authorized salvage yard, if the use is permitted.

§ 170.925 Negative use restrictions.

A. 
Legislative findings. The Village Board finds that the public health, safety, and general welfare of the Village are compromised when private parties impose negative use restrictions upon real property in the Village which prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store or drugstore purposes after a grocery store or drugstore owner or operator has terminated grocery store or drugstore operations upon such real property. Such negative use restrictions are separate and distinct from commercially reasonable noncompete clauses included in shopping center development agreements whereby a landlord may agree with a tenant that is a grocery store or drugstore not to lease another space in the same shopping center to a second grocery store or drugstore, respectively, in order to induce the first tenant to sign a long-term lease as an anchor tenant at such shopping center development.
B. 
Prohibition on negative use restrictions. A private agreement that purports to impose negative use restrictions upon real property in the Village so as to prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store or drugstore purposes after a grocery store or drugstore owner or operator has terminated grocery store or drugstore operations on such real property, when such use would otherwise be permitted (including as a conditional use) under this chapter, is against public policy, void, and unenforceable. This prohibition applies whether the private agreement is incorporated in a deed restriction, a restrictive covenant, a lease or memorandum of lease, or any other instrument. This prohibition applies to all such private agreements, including those created prior to the effective date of this section.
C. 
Penalties. The penalty provisions of this chapter shall not apply to any such private agreements entered into prior to April 1, 2022, which is the effective date of this section.

§ 170.940 Purpose.

The performance standards in this division are established to promote the health, safety, and general welfare of the public by creating an objective and equitable basis to control potentially hazardous and nuisance-like effects of various land uses and to ensure that the community is adequately protected. These performance standards may have the effect of limiting, restricting, and prohibiting the ways in which otherwise permissible land uses may operate. In addition to these established standards, there may be other applicable local, state, and federal codes and standards that also apply.

§ 170.941 Odors.

A. 
Applicability. The odor control standards established in this section apply to all land uses and activities, except where the odor is created by food cooking; the construction of a principal use on the subject property; the application of fertilizers; or incidental traffic, parking, loading, or maintenance operations. Public utilities and services that are otherwise allowed under this Code are essential public services and are therefore also exempt.
B. 
Standards. No odors shall be created for periods exceeding a total of 15 minutes per any day that are detectable (by a healthy observer such as the Zoning Administrator who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where such property is located in a residential, institutional, or commercial zoning district or the Light Industrial (LI) District.

§ 170.942 Air pollution.

A. 
Applicability. The air pollution standards established in this section apply to all land uses and activities, except where the air pollution is created during the construction of a principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
B. 
Standards.
(1) 
The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(2) 
Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (U.S. Bureau of Mines) is prohibited at all times.
(3) 
Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be controlled by appropriate landscaping, paving, oiling, or other acceptable means as determined by the reviewing authority.

§ 170.943 Fire and explosive hazards.

A. 
Applicability. The standards for fire and explosive hazards established in this section apply to all land uses and activities.
B. 
Standards.
(1) 
Any use involving materials which could decompose by detonation shall be located not less than 400 feet from any residential or commercial zoning district, except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes.
(2) 
Flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices consistent with all fire prevention codes of the State of Wisconsin.
(3) 
All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have noncombustible exterior walls and an automatic fire extinguishing system.
(4) 
The storage of fuels and other materials that produce flammable or explosive vapors shall be permitted only after review and approval by the Richfield Volunteer Fire Company and in accordance with its requirements to minimize fire and explosive hazards.

§ 170.944 Glare and heat.

A. 
Applicability. The standards for glare and heat established in this section apply to all land uses and activities, except where glare is created during the construction of a principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
B. 
Standards.
(1) 
No direct or sky-reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise.
(2) 
As determined by the Zoning Administrator, there shall be no discernible transmission of heat or heated air at the lot line.

§ 170.945 Water quality.

A. 
Applicability. The standards for water quality established in this section apply to all land uses and activities.
B. 
Standards.
(1) 
No activity shall locate, store, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that might runoff, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant, or aquatic life.
(2) 
No activity shall withdraw water or discharge any liquid or solid materials so as to exceed or contribute toward exceeding the minimum standards and those other standards and the application of those standards set forth in Ch. NR 102, Wis. Admin. Code, or in other applicable chapters which regulate water quality.

§ 170.946 Vibration.

A. 
Applicability. The requirements of this section apply to all uses and activities, except those vibrations created during the construction of the principal use on the subject property.
B. 
Requirements. No physical vibration emanating on a property that is above the vibration perception threshold of an individual shall pass beyond the property line of such property. "Vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a reasonable 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.

§ 170.947 Noise.

(Reserved)

§ 170.960 Applicability.

Those land uses designated as requiring site plan review in the land use matrix (Appendix A[1]) must comply with the requirements in this division along with the corresponding procedures in Article 5.
[1]
Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.

§ 170.961 Legislative findings.

The Village Board makes the following legislative findings regarding site design requirements:
A. 
The design and layout of a site, including principal and accessory buildings, parking areas and access drives, building service areas, docking and loading areas, and other elements, can have a substantial and long-lasting effect on the utility of the subject property and on surrounding properties and the overall character of the Village.
B. 
The standards in this division are intended to provide meaningful guidance to property owners, design professionals, and public officials.
C. 
The standards in this division are intended to promote the public health, safety, and welfare and are reasonably related to the public purpose of achieving an attractive, functional, and prosperous community.

§ 170.962 Minimum design standards.

Development subject to review under this division must adhere to the following design principles along with other requirements that may apply:
A. 
The location and orientation of all buildings shall meet the individual lot size, width, setback and yard requirements set forth in the applicable zoning district regulations.
B. 
Buildings and other improvements must be arranged on a site and in a configuration that does not impede traffic accessibility and circulation to/from adjacent streets and adjoining sites developed with similar nonresidential uses.
C. 
Individual building pads or parcels intended for freestanding uses separate from the primary building shall be arranged to provide and/or accommodate readily accessible cross-access from within and across parking areas to enhance on site circulation.
D. 
Buildings shall be arranged to reduce visibility of service areas from public streets, customer parking areas, and adjacent properties.
E. 
Service yards and facilities, including storage areas (if permitted) and docking and loading facilities, shall be easily accessible by service vehicles, separated from the primary parking access and circulation functions, centrally located to serve multiple establishments and tenants (if any), and integrated into the overall design of the buildings and landscaping features so the visual and acoustic impacts of these functions are located out of view from public streets and adjacent agricultural and residential zoned areas through the use of architectural extensions of buildings, walls, fences, landscaping features and plantings, or a combination thereof.
F. 
Existing natural resources and topographic features of a site should be preserved where such features contribute to the beauty and utility of a development site.
G. 
Buildings and other improvements should be located to take advantage of a site's natural topography and drainage, existing vegetation and other natural features. Modifications to such features may be permitted when required for safety purposes, or, where modification contributes to and furthers the visual appearance, function, and utility of the site.
H. 
No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty and aesthetics of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
I. 
Utility services shall be underground to reduce visual clutter unless otherwise approved by the Village Board.
J. 
A building shall be arranged on the site so as not to impede traffic accessibility and circulation to or from adjacent streets and adjoining sites.
K. 
The front of the building shall be generally parallel to the street or a public area, such as a courtyard, plaza, or the like.
L. 
A docking or loading area or a service area for a commercial, institutional, or industrial building shall be easily accessible to service vehicles, separated from the on-site parking area, and designed to serve multiple establishments and tenants, when possible. Such docking or loading area shall not be readily visible from a public street, an on-site customer parking area, or an abutting property in a business or residential district or in an agricultural zoning district that is designated for future commercial or residential development in an adopted Comprehensive Plan. Screening from view may be accomplished by i) integrating such area into the overall design of the building (e.g., inside of the building or use of architectural extension of a building wall) or ii) using a fence; a berm; landscaping, above what is otherwise required in this chapter; other suitable feature; or any combination thereof.
M. 
Existing natural resources and topographic features on the site shall be preserved to the greatest extent possible while affording a reasonable use of the property.
N. 
The project shall not create any hazard.
O. 
The project shall be designed to avoid existing hazards, whether man-made or natural, and if avoidance is not possible, to mitigate the effects of the hazard to a satisfactory level necessary to protect the public health, safety, and welfare.
P. 
Parking areas and pedestrian accessways located on the site shall be designed to promote safety and efficient traffic flow.

§ 170.963 Signage.

Ground-mounted signs that require approval must be depicted on an approved site plan consistent with Chapter 309 of the Municipal Code.

§ 170.964 Outdoor lighting.

All development projects authorized by this chapter must comply with the outdoor lighting standards in Chapter 234 of the Municipal Code.

§ 170.965 Landscaping and buffers.

Landscaping and buffers must be depicted on an approved site plan consistent with Article 13.

§ 170.966 Parking and loading.

On-site parking and loading areas, internal roadways, and pedestrian routes must be depicted on an approved site plan consistent with Article 14.

§ 170.967 Cross-access connections.

Cross-access connections must be provided between adjoining commercial parcels whenever it is feasible to do so, as determined by the review authority.

§ 170.968 Fire lanes.

A fire lane, when required by state code, must be depicted on an approved site plan.

§ 170.969 Outdoor storage areas.

A. 
Outdoor storage areas, when allowed, shall be located behind the front face of the building.
B. 
Outdoor storage areas adjoining residential districts must be screened with a wall, a nonmetallic fence, a berm, landscaping, or any combination, as approved by the Plan Commission.
C. 
Materials kept out of doors shall not exceed the height of required screening.
D. 
Outdoor storage areas shall consist of concrete or asphaltic concrete. The Plan Commission may approve the use of gravel in low-traffic areas, provided that such area is smaller than the remaining surfaced area. If gravel is allowed, the control of fugitive dust must be addressed to the satisfaction of the Plan Commission.

§ 170.970 Refuse storage.

A. 
General requirement. When garbage and/or recyclable materials are stored out-of-doors, such materials shall be stored in a container which is concealed or suitably screened from public view.
B. 
Dumpster enclosure.
(1) 
When a dumpster is used for garbage and/or recyclables and it is not fully screened by the overall building envelope, a solid wall or fence must totally enclose the dumper(s) consistent with the following:
(a) 
The height of the enclosure must be at least 18 inches above the highest point of the dumpster.
(b) 
The access gate must face away from street view or adjacent residential areas.
(c) 
The design of the enclosure must be compatible in design with the architectural style of the principal building in terms of its scale, exterior materials used, and color.
(2) 
The location of the dumpster enclosure must:
(a) 
Not impair vehicular access or snow removal operations;
(b) 
Not be located within a bufferyard or a drainage or stormwater easement;
(c) 
Be in an area approved by the waste hauler; and
(d) 
Encourage sharing or consolidation of refuse containers for multiple users.
C. 
Site plan. Refuse containers and dumpster enclosures must be depicted on an approved site plan.
D. 
Location. Dumpster enclosures must be located:
(1) 
Not to impair vehicular access or snow removal operations;
(2) 
Outside of any bufferyard or a drainage or stormwater easement;
(3) 
To encourage sharing or consolidation of refuse containers for multiple users; and
(4) 
In an area approved by the waste hauler.

§ 170.980 Applicability.

Those land uses designated as requiring architectural plan review in the land use matrix (Appendix A[1]) must comply with the requirements in this division along with the corresponding procedures in Article 5.
[1]
Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.

§ 170.981 Legislative findings.

The Village Board makes the following legislative findings regarding architectural requirements in this division:
A. 
The exterior design of a building has a substantial and long-lasting effect on surrounding properties and the overall character of the Village.
B. 
Buildings and especially those within a largely developed area should fit into the context in which they occur.
C. 
Architectural design standards should allow for a variety of architectural styles and be flexible to the greatest extent possible.
D. 
The standards in this division are intended to provide meaningful guidance to property owners, design professionals, and public officials.
E. 
The standards in this division are intended to promote the public health, safety, and welfare and are reasonably related to the public purpose of achieving an attractive, functional, and prosperous community.

§ 170.982 Massing and scale.

A. 
Description. The massing of a building refers to the overall size, bulk or volume of space which a building encloses. Scale is conveyed by elements or parts of the building facade where doorways, windows, and details enable people to gauge its relative size and character in relationship to the size of the human form.
B. 
Standards. The massing and scale of buildings must comply with the following requirements:
(1) 
The scale of the buildings must be compatible with the overall massing and the individual parts of adjacent buildings, especially adjacent to residential areas.
(2) 
Building heights of new construction must not be more than 10% above the height of adjacent or future-designated residential buildings based on the maximum building height of each residential district, when the building is to be located within 200 feet of a residential building.
(3) 
A gradual transition to the maximum building height is permitted. (Building heights shall be measured from the highest ridge height.)
(4) 
The relationship between facade height and width must be maintained.
(5) 
Transitions between adjacent residential structures and new nonresidential structures to be constructed must also be achieved by the incorporation of horizontal human-scale features in rooflines and building elevations.
(6) 
Avoid vast blank building walls in areas visible from the street or adjacent residential areas. Design facades must convey human scale through fenestration, building articulation, or detailing.

§ 170.983 Form and proportion.

A. 
Description. The form and proportion of a building's elevation and roof are basic form-giving characteristics that are important in relating a new building to other buildings and to its setting.
B. 
Standards. The form and proportion of buildings must comply with the following requirements:
(1) 
Elements of a building must be emphasized to clearly show the division of roof and walls. Color, materials and/or details must be utilized to express this division.
(2) 
Building components and appurtenances, including doors, windows, canopies and trim, must maintain this proportion to each other and to the building as a whole.

§ 170.984 Fenestration and entrances.

A. 
Description. The fenestration of building facades is the orderly arrangement of openings within the elevations of the building.
B. 
Standards. Fenestration and entrances on buildings must comply with the following requirements:
(1) 
Design openings must form a unified composition in proportion to the building elevation.
(2) 
Large blank walls which are exposed to view must be avoided by creating horizontal and vertical interest. Utilize fenestration, related detailing, and articulation to provide scale and relief to the building facade. These architectural characteristics shall be easily identified by the viewer.
(3) 
Oversized fenestration elements which tend to create a monumental scale shall be avoided unless specifically required by the type of building or relationship to its surroundings.
(4) 
Building entrances must be designed to be clearly identifiable and easily recognizable from parking lots and pedestrian circulation routes.
(5) 
Design, quality of material, scale and character of a building, especially the location of the entryway, must help identify its importance and be compatible with entrances of adjacent buildings.
(6) 
Hierarchy of entrances through scale, detailing, and design features must be clearly expressed.
(7) 
Entrances of freestanding buildings must be located and be clearly identifiable from the adjacent street or service drive.

§ 170.985 Materials and details.

A. 
General standards. Exterior building materials must comply with the following requirements:
(1) 
Materials must achieve a cohesive and consistent architectural character in new construction through the use of exterior building materials and details that are similar to or compatible with adjacent buildings.
(2) 
Materials must be selected to adequately suit the type of building and style in which it is intended to serve.
(3) 
Buildings must have the same materials, or those which are architecturally harmonious, used for all building elevations and other exterior building components, such as dumpster facilities or other accessory structures, such as signage.
(4) 
In any building in which the structural frame is exposed to public view, the structural materials must also meet these standards.
(5) 
A primary facade material must be used consistently on all building elevations to limit the number of compatible secondary facade materials.
(6) 
The sides and rear of buildings shall be as visually attractive as the front through the design of rooflines, use of similar architectural detailing, and building materials.
(7) 
For an expandable building in an industrial zoning district one side may have a different building material than the rest of the building, provided that the different material is integrated and coordinated with the overall building design. The different material must be one of the appropriate facade materials and the site and building plans must show the feasibility of the proposed future building expansion. The different material may only be located on a side of the building, which is not visible from the street.
B. 
Appropriate exterior building materials. The following are examples of appropriate exterior building materials for new buildings and additions:
(1) 
Brick;
(2) 
Nonreflective glass curtain walls;
(3) 
Solid wood, such as cedar, redwood, etc.;
(4) 
Stucco;
(5) 
Decorative architectural file;
(6) 
Integrally colored and/or exposed aggregate and/or textured precast or cast in place textured concrete;
(7) 
Natural or cultured stone;
(8) 
Architectural block;
(9) 
Architectural metals, such as copper, titanium, zinc, etc.;
(10) 
Hard coat exterior insulation finish systems;
(11) 
Architectural metal panels, defined as flush nonprofiled face with concealed anchorage; and
(12) 
Cementious siding (e.g., Hardiplank).
C. 
Prohibited exterior building materials.
(1) 
The following are examples of prohibited exterior building materials for new buildings and additions:
(a) 
Particle board;
(b) 
Shingle siding (roof applications only), except for cedar shake siding;
(c) 
Vinyl siding;
(d) 
Wood siding, i.e., plywood paneling and T-111;
(e) 
Highly reflective or glare-producing glass with a reflective factor of 0.25 or greater;
(f) 
Industrial metal panels with or without exposed fasteners (defined as any panel that is corrugated or profiled);
(g) 
Concrete masonry units; and
(h) 
Soft coat exterior insulation finish systems.
(2) 
Pursuant to the procedures and requirements in Article 5, the Architectural Review Board may recommend and the Plan Commission may approve a special exception to allow the use of a prohibited material on a building addition when the existing building is constructed of the same prohibited material. If the special exception is approved, the Architectural Review Board may require enhancements to the facade, additional landscaping, or other means to improve the aesthetics of the building. The Architectural Review Board in making its recommendation and the Plan Commission in making its decision must consider the following factors:
(a) 
The prevailing material(s) used on buildings in the same area.
(b) 
The extent to which the building is visible from any public road and adjoining properties.
(3) 
Pursuant to the procedures and requirements in Article 5, the Architectural Review Board may recommend and the Plan Commission may approve a special exception to allow the use of a prohibited material when the building incorporates exceptional design.

§ 170.986 General architectural requirements.

Building materials are critical in establishing the character and aesthetic for the area. Buildings require appropriate and respectful attention in the materials selected for facades. The following uses shall be consistent with the following standards for all buildings and building complexes:
A. 
Building designs shall minimize the effects of size and scale by highlighting individual dwelling units using separate entrances and integrating garages (for multifamily buildings), use of variable rooflines, door and window openings, facade protrusions or recesses, and use of porticos, overhangs, arcades, arches and outdoor patios.
B. 
Accessory structures must be compatible with the primary building in terms of its character, roof shapes, building materials, colors and architectural details.
C. 
Building facades must incorporate unified and complementary finished materials, and to promote longevity and durability. Materials that are appropriate or prohibited are listed in § 170.985.
D. 
Colors shall be compatible, coherent, and harmonious with existing materials in the immediate area. Color schemes shall be used consistently throughout the property, including on both the upper and lower portions of the buildings, and on all facades of a building or structure. The following provisions must be adhered to unless the review of the Plan Commission states otherwise:
(1) 
Primary building facade colors on all four sides, including building accents, fixtures and signage, must be nonreflective and subtle.
(2) 
Fluorescent, day-glow and/or neon colors and light tubing shall not be permitted.
(3) 
Colors must be selected relative to the chosen exterior building materials since it is a critical design element in relating adjacent buildings and to create a compatible visual environment within an area. In general, colors must be integral to a selected material rather than applied on (painted) exterior building materials.
(4) 
Colors for secondary facade materials shall be compatible with the predominant colors, including accent colors. When such contrasting colors are utilized, the colors must not dominate the visual character of the setting.
E. 
Variation in architectural detail, mass and proportion of individual buildings may be used to provide visual interest where more than one building is located on a single parcel.
F. 
Roofs are elements of buildings which significantly affect the architectural character. The roof is vital to the overall design theme of a building since it is related to its mass, scale, form, and proportion. For all visible roofs, roofing materials and construction must be high quality, such as but not limited to, standing-seam metal, slate, cedar, or architectural shingles. Roofing materials and shape must be compatible with the architectural style of the building and with surrounding buildings and roofs.
G. 
All buildings, or groupings or nodes of buildings and structures, shall be designed to be sensitive to existing views, or view corridors, and the contexts of the surrounding natural and built environment.

§ 170.987 Service and utility areas.

A. 
Generally. Buildings require mechanical equipment and service areas which are normally unsightly and noisy. These areas include, but are not limited to, loading docks, exterior storage areas, dumpsters and mechanical equipment, such as plumbing vent stacks, transformers, fans and cooling towers.
B. 
Standards. The following standards address the treatment of service and utility areas in order to reduce the negative visual impact of such areas:
(1) 
All service and utility areas shall be located away from the street and concealed from building entrances, pedestrian areas, and adjacent residential buildings.
(2) 
Service areas and related mechanical equipment shall be fully screened (100%) with materials to match the primary exterior materials. Trash compactors and dumpsters shall be located adjacent to truck loading areas and fully screened (100%) with the primary exterior materials.
(3) 
All above-grade utility connections, vents, and other projections must be located along exterior walls away from high visibility areas, such as front facades or pedestrian areas. These vents also include, but are not limited to, air conditioning units, air exchangers and underground utility vaults.
(4) 
Rooftop mechanical equipment shall not be mounted on buildings unless the roof parapet (cornice) fully screens such equipment (100%) from public view, as measured from grade elevation, from a minimum distance of 500 feet from the building.
(a) 
The roof parapet shall be integrated as part of the building's overall design.
(b) 
Each plan (including remodeling existing buildings) must be reviewed individually based on location, finished grade elevation and the surrounding terrain to determine the view of rooftop mechanical equipment.