This chapter shall be known as the "Large Scale Retail Development Ordinance."

(Ord. 2002-31 § 1 (part))

The magnitude of large scale retail developments pose unique challenges to the community due to their size, their impact on traffic circulation, parking, storm water facilities, and their visual impact on the community that sets them apart from smaller establishments within the city's commercial zoning districts. Pursuant to the authority of Section 62.23(3), Wis. Stats. this chapter was created to establish requirements to further the goal of guiding and accomplishing coordinated harmonious development of large scale retail development within the city. Specifically, the requirements of this chapter are to ensure that large-scale retail developments are compatible with surrounding land uses and contribute to the unique community character of River Falls as well as to its aesthetics and the health, safety, and general welfare of the city, and its citizens are protected.

(Ord. 2002-31 § 1 (part))

The following definitions shall control interpretation and application of this chapter:

"Accessory structure" means structures, which are subordinate to the principal structure used as a large retail establishment, including but not limited to garages, sheds, automobile maintenance centers or storage or maintenance facilities.

"Adjoining residential property" means a lot, parcel or other legal division of land on which a single or multiple family dwelling is located, whether consistent with or inconsistent with current zoning regulations, or could be located consistent with current zoning regulations.

"Buildings" means a structure with walls and a roof, which are suitable for use by humans or for storage.

"Commercial establishment" means a retail business consisting of one or more retail operations, stores, or shops, whether jointly or separately owned or operated, doing business from a principal structure subject to this chapter.

"Façade" means each side of a principal structure subject to this chapter.

"Front corners" mean each corner of the side of the principal structure, which faces the public street on which its main customer entry or entries are located.

"Gross floor area" means the square footage of all space contained within the exterior walls of the principal structure.

"Large retail establishment" means a commercial establishment, further defined under the definition of "commercial developments," above, whose gross floor area equals or exceeds twenty-five thousand (25,000) square feet.

"Open area" means that portion of a lot, parcel or other legal division of land used as a large retail establishment but which does not consist of structures or buildings.

"Outdoor storage" or "service area" means an area not situated in a building or structure and used for the storage or processing of solid waste, maintenance equipment or other materials.

"Owner" means the owner, operator, or developer of a large retail establishment.

"Principal structure" means the main structure on the lot, parcel or other legal division of land used for the conduct of a commercial establishment referred to herein as a large retail establishment.

"Project site" means the lot, parcel or other legal division of land on which a large retail establishment is located.

"Structure" means anything man made which is constructed or erected having a location on or attached to something having a location on or under the ground, including but not limited to a building.

(Ord. 2002-31 § 1 (part))

Each retail commercial establishment with a footprint of twenty-five thousand (25,000) square feet or more shall conform to the following development standard in addition to all other applicable requirements enforced pursuant to ordinances, rules, regulations, and laws. Any building in existence as of April 8, 2003 shall comply with this section if an addition constructed exceeds fifty (50) percent of the original gross floor area and the total gross floor area after construction exceeds twenty-five thousand (25,000) square feet.

(Ord. 2003-08 § 1: Ord. 2002-31 § 1 (part))

Requirement. Large retail establishments shall be located only on land which is zoned for commercial purposes by the city. Large retail establishments whose gross floor areas are greater than twenty-five thousand (25,000) square feet shall comply with the requirements of this section while those which exceed one hundred fifty thousand (150,000) square feet in gross floor area shall be required to apply for and receive a special use permit from the. common council. which shall apply the standards of Section 17.104.040 of the Municipal Code, in addition to those set forth herein in determining whether or not to grant such a permit.

(Ord. 2003-08 § 2: Ord. 2002-31 § 1 (part))

A.

Architectural Style. Architectural style shall be coordinated to create visual cohesiveness. Within the development collectively constituting the large retail establishment, all buildings, the principal structure, accessory structures, canopies, parking lots and other open spaces as well as signs shall be of a unified design.

B.

Building Setbacks. The minimum setback for building façades shall be thirty-five (35) feet as measured from the nearest property line. No structure or building may be placed between the setback line and a property line unless approved of as a part of a planned unit development.

C.

Building Height. Maximum height shall not exceed thirty-five (35) feet.

D.

Building Width and Façade. Façades greater than one hundred (100) feet in length shall incorporate wall plan projections or recesses having a depth of at least three percent of the length of the façade and extending at least twenty (20) percent of the length of the façade. No uninterrupted length of any façade shall exceed one hundred (100) horizontal feet.

E.

Façade and Exterior Walls. Ground floor façades that face public streets shall have arcades; display windows, entry areas, awnings, and other such design features as may be selected by the owner along no less than sixty (60) percent of their horizontal length. Where large retail establishments contain separately owned stores with separate exterior customer entrances, the street level façade and façades that face the main entry to the establishment shall be transparent between the height of three feet and eight feet above the walkway grade no less than sixty (60) percent of the horizontal length of the building façade.

F.

Rear Façades/Delivery Loading Operations. Delivery/loading operations shall be screened from public areas by landscaping or walls of not less than six feet in height, constructed of the same materials as are used in the principal structure. Optional rear entrances are encouraged but not required. In the event that the owner desires or intends to facilitate delivery, loading, trash removal or compaction or other similar noise producing activities between the hours of ten p.m. and six a.m., the owner shall submit evidence of the placement of appropriate sound barriers which shall effectively reduce noise emissions to a level of forty-five (45) dB as measured at the lot line of any adjoining residential property.

G.

Entries. Each large retail establishment shall have a clearly defined, highly visible customer entrance featuring no less than three of the following:

1.

Canopies or porticos;

2.

Overhangs;

3.

Recess/projections;

4.

Arcades;

5.

Raised cornice parapets over the door;

6.

Peaked room forms;

7.

Arches;

8.

Outdoor patios;

9.

Display windows;

10.

Architectural details such as tile work and moldings, which are integrated into the building structure and design;

11.

Integral Planters or Wing Walls. Each large retail establishment may install planters or wing walls that incorporate landscaped areas and/or places for sitting.

Where all façades of large retail establishment directly face two abutting public streets, this requirement shall apply to only two sides of the structure, including the side of the structure facing the primary street and another side of the structure facing a second street.

H.

Roof Treatment. Roofs shall have no less than two of the following features:

1.

Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view. The average height of such parapets shall not exceed fifteen (15) percent of the height of the supporting wall and such parapets shall not at any point exceed one third of the height of the supporting wall. Such parapets shall feature three dimensional cornice treatments.

2.

Overhanging eaves, extending no less than three feet past the supporting walls.

3.

Surface coverings on flat roofs shall be of material that is non-reflective and non-glare. Heavy-duty contoured asphalt shingles, cedar shakes, and standing seam metal roofing materials are acceptable for pitched roofs.

4.

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of the vertical rise for every one-foot of horizontal run.

5.

Three or more roof slope planes.

I.

Awnings and Canopies. Awnings and canopies shall be considered part of the establishment's open area. Awnings and canopies that are part of an arcade shall constitute at least fifty (50) percent of the length of the arcade. Internally illuminated awnings are prohibited.

J.

Mechanical Equipment. All rooftop equipment shall be screened from view from adjacent streets, public right-of-ways, and adjacent properties.

Preferably, rooftop equipment should be screened by the building parapet, or located out of view from the ground. If this is not feasible, the equipment shall be grouped within a single enclosure. This structure shall be set back a distance of one and one half times the height of any façade fronting a public street. Screens shall be of durable materials (not including wood) that are compatible with the primary building materials.

If an outdoor storage or service area faces an adjacent residential area, public street, alley or walkway, it shall be screened from view by masonry walls or an earthen berm five feet wide and plant material at least five feet in height. Screen walls shall be architecturally compatible with the principal structure.

K.

Parking Lot Layout. No more than fifty (50) percent of the off street parking area for the lot, tract, or area of the land devoted to the large retail establishment shall be located between the front façade of the large retail establishment and the abutting streets.

The front parking area shall be determined by drawing a line from the front corners of the principal structure to the nearest property corners. If any such line, which connected to the plan of the front façade of the principal structure, creates an angle that is greater than one-hundred-eighty (180) degrees then the line shall be adjusted to create an angle of one-hundred-eighty (180) degrees when connected to the plan of the front façade of the principal structure.

If any such line when connected to the plan of the front façade of the principal structure creates angle that is less than ninety (90) degrees, then the line shall be adjusted to create an angle of ninety (90) degrees when connected to the plan of the front façade of the principal structure.

Parking areas shall be designed so that no more than one hundred (100) parking spaces are part of a clearly delineated grouping of spaces of the total required spaces. Such groups shall be separated by landscaping or weather protected pedestrian walkways, significant landscape or geographic features and/or design components of the proposed building.

One space per two hundred (200) square feet or six spaces per one thousand (1,000) square feet of an integrated center shall be required. However, twenty-five (25) percent of the required spaces shall be maintained as grass and shall be reserved for future parking development and shall not be improved to ordinance standards until a demonstrated need requires improvement. A demonstrated need shall be documented by the developer and approved by the plan commission. The plan commission shall also have the authority to require development of reserved spaces at any time.

L.

Landscaping and Screening of Parking Areas. Landscaped green areas within parking lots include landscaped walkways, driveways, separators, parking lot islands, and linear landscape features shall, at a minimum, comprise an area equal to ten (10) percent of the paved parking area within the development, including driveways.

Shrubs and ground covers shall comprise fifty (50) percent of the required parking lot landscape areas and no individual required landscape area shall be devoid of shrubs or ground cover.

Parking lots shall provide a minimum of one tree per ten (10) parking spaces. At least fifty (50) percent of these trees must be shade trees. Rows of parking shall be broken every ten (10) spaces by a landscape break a minimum of seven feet in width.

M.

General Landscaping and Screening. Where any façade faces an adjoining residential property, an earthen berm no less than six feet in height containing, at a minimum, evergreen trees planted at intervals of twenty (20) feet on center, or in clusters or clumps shall be provided.

Where the large retail development directly abuts residential properties, a six foot high screening wall shall be required. Where visible from any right-of-way these walls will also have a three foot high (within one year of planting) hedge on the side facing the right-of-way and running the length of the wall where visible. Maintenance of the landscaping shall be the responsibility of the commercial property owner. Alternative buffers may be approved on a case-by-case basis by staff.

At a minimum, a ten (10) foot landscape buffer is required between adjoining parcels (side and rear boundaries). This buffer shall be planted with two shade trees per one hundred (100) linear feet and three under story trees per one hundred (100) linear feet. An under story tree shall be defined as any tree with a maximum height at maturity of twenty-five (25) feet or less, and shall be acceptable to the city forester with regards to species and variety.

Where adjoining parcels are designed as one buffer the combined buffers may be reduced to ten (10) feet if the shrubs and ground cover are increased to seventy-five (75) percent of the required buffer area. No less than five feet will be required on each of the two adjoining parcels.

A minimum of ten (10) foot wide landscape area shall be located around all portions of a building facing a public street or public parking area, or an adjoining building facing the property.

Shrubs and ground covers shall comprise at least thirty (30) percent of the required buffer area, and shall form a continuous three foot high landscape screen (within one year of planting).

All open areas around structures shall be landscaped with trees, shrubs, ground covers, perennials, annuals, or sod.

An average of one shade tree or under story tree shall be provided for every thirty (30) linear feet of structure perimeter.

All edges of structures shall have a foundation of planting of shrubs and ground covers as a minimum. Shrubs and ground covers shall comprise at least fifty (50) percent of the landscape area.

N.

Pedestrian/Bicycle Circulation. Sidewalks shall be at least eight feet in width and shall be provided along all sides of the lot that abut a public street. Sidewalks no less than eight feet in width shall be provided along the full length of the structure along any façade featuring a customer entrance and along any façade abutting public parking areas. Such sidewalks shall be located at least six feet from the façade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the façade.

Bicycles shall share access to all pathways. Bicycle racks shall be placed at convenient access points near the entrance.

Continuous internal pedestrian/bicycle pathways no less than eight feet in width shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all large retail establishments. At a minimum, pathways shall connect focal points of pedestrian activity such as but not limited to transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than fifty (50) percent of the length of the pathway.

Internal pedestrian walkways shall provide weather protection features such as awnings or arcades within thirty (30) feet of all customer entrances.

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as payers, bricks, or scored concrete to enhance pedestrian safety and comfort as well as attractiveness of the walkways.

O.

Signs. Freestanding signs shall not exceed a maximum of one hundred fifty (150) square feet per parcel of land.

Maximum height of a freestanding sign shall be twelve (12) feet as measured from the elevation of the nearest sidewalk and shall be no closer than ten (10) feet from the right-of-way and shall not infringe on any required vision sight lines for traffic safety.

A maximum of one hundred fifty (150) square feet of display area signage shall be allowed on the facade of the structure. Display surface shall be defined as the area enclosed by the outer extremities of all letters, characters, or delineations used for purposes to attract attention to a given sign. A display surface shall not include supports or devices used to attach the sign to another structure.

Animated signs, flashing signs, blinking signs, or signs that have copy that changes automatically are prohibited, except for electronic reader board signs meeting the requirements of Section 17.84.030(J).

No more than twenty-five (25) percent of window area may be occupied by signage of any kind.

The design and materials from which signs are constructed shall be consistent with those incorporated into the principal structure of the large scale retail development in question.

P.

Outdoor Space. Each large retail establishment subject to these standards shall contribute to the establishment and enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor play ground area, kiosk area, water feature, clock tower, or other such deliberately shaped areas and/or a focal feature or amenity that enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

Q.

Large retail establishment shall provide an aesthetically pleasing transition between the public right-of-way and entrance to the development through the use of at least three of the following elements:

1.

Tree lined boulevards;

2.

Landscaped medians;

3.

Enhance pedestrian and bicycle linkages distinguished from driving surfaces through the use of durable low maintenance materials such as pavers, bricks or scored concrete;

4.

Pedestrian scale lighting;

5.

Entry focal point;

6.

Distinctive directional signage.

R.

Outdoor Lighting. Light design and installation shall emphasize low, level, uniform lighting to avoid abrupt changes from bright lights to darkness. Design limits and intensity requirements shall be placed on large retail establishments.

Parking and security lighting shall not be taller than the adjacent structures or a maximum of twenty-four (24) feet above the pavement, whichever is less. All lighting must be shielded or angled at a ninety- (90)-degree angle directly horizontal to the ground so as to avoid light pollution.

S.

Maintenance and Abandonment. The owner shall enter into an escrow agreement with the city. The escrow fund total shall be set at five percent of the assessed value of the completed improvements. Escrow payments shall be required on an annual basis with the first payment due on or before December 31st of the year the assessed value is established and each year thereafter for a period of twenty (20) years. The funds are to be used by the city for the following purposes:

1.

Demolition of all or part of the improvements in the event that the property is abandoned or is the subject of a tax deed under Chapter 75 of the Wisconsin Statutes, for non payment of real estate taxes, special assessments, or other charges or taxes.

2.

In the event that the retail use of the improved real estate by the owner, its successors or assigns is terminated, whether voluntarily or involuntarily, the city may devote escrow monies toward all recruitment of other retail or other businesses to make use of all or part of the improvements.

3.

Maintenance repairs and general upkeep of the real estate in the event that, upon thirty (30) days notice, the owner, its successors or assigns, fail or refuse to engage in adequate efforts to keep the property from being legally susceptible to condemnation.

T.

Prohibition Against Covenants or Other Use Restrictions. The owner, its successors and assigns shall not encumber the real estate with any restrictive covenants or other restrictions whose effect shall be to limit, restrict, prohibit, or forbid any subsequent owner, tenant, or user of the property from making use of the property for any purpose which is allowed under local or state law. This prohibition shall apply to and shall act to prevent the owner from restricting or prohibiting competing retail use of the property.

U.

Capital Costs. The owner shall pay for providing a capital cost study to determine their proportionate share of the capital improvements necessary to support the development. Capital costs shall be defined as the costs to construct, expand, or improve public facilities, including the cost of land, legal services, engineering, planning, and design costs to construct, expand, or improve public facilities. A capital cost does not include other non-capital costs to construct, expand, or improve public facilities or the costs of equipment to construct, expand or improve public facilities.

V.

Most Restrictive Ordinance. In the event of a conflict or inconsistency between the requirements of this chapter and any other ordinances, the more restrictive requirement shall apply.

W.

Diagrammatic Applications of Provisions and Form of Escrow Agreement. The city zoning administrator shall maintain in his or her office diagrammatic representations of applications of this chapter, together with a form of escrow agreement acceptable to the city. Said diagrammatic representations and escrow agreement may, nonetheless be changed from time to time by the zoning administrator, acting in his/her sole discretion in administration of this chapter.

(Ord. 2003-08 § 3; Ord. 2002-31 § 1 (part))

(Ord. No. 2023-10, § 4, 7-11-2023)