Shawano City Zoning Code
ARTICLE VII
Performance Standards
§ 10-100 Purpose.
The purpose of this article is to indicate the standards and minimum requirements for exterior site and building design, access, visibility, off-street parking and traffic circulation, off-street loading, exterior lighting, exterior storage, fencing, swimming pools, vibration, noise, air pollution, odor, signal receiving antennas, glare and heat, fire and explosions, toxic or noxious materials, waste materials, exterior construction material, hazardous materials, group and large developments, and outdoor wood-burning furnaces within the jurisdiction of this chapter. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V.
§ 10-101 Exterior site and building design standards.
(1)
Purpose. The purpose of this section is to regulate the design and materials used for the exterior of buildings and structures within the City so as to attain a degree of uniformity in exterior appearance and quality of materials, and thus maintain and enhance the attractiveness and values of property in the community.
(2)
Applicability. The requirements of this section apply to all structures and buildings within the City. Beyond the general rules in Subsections (3) through (9), below, additional rules apply to group and large developments, which are provided in § 10-118.
(3)
Review and approval. Through the site plan review process, the Plan Commission shall be responsible and have authority to hear, review, and act upon all proposed exterior architectural plans for all proposed development.
(4)
Site design. In addition to complying with required setbacks, no building, structures, pavement, or improvement shall be placed or oriented in a manner that would unnecessarily reduce the appearance of the subject property in comparison to typical development practices that are fully consistent with the requirements of this chapter, or would have a substantial negative impact on the value or enjoyment of permitted land uses on nearby properties.
(5)
Avoidance of exteriors specific to a particular occupant. Trademark architectural elements are prohibited. Specifically, no building, other structures, pavement or improvement shall have an integral exterior design which is specific to a particular site occupant, including exterior building forms, materials, textures, colors, and patterns. Exterior elements which are specific to a particular site occupant shall be limited to attached signage, awnings and other appurtenances which are easy to remove or modify for subsequent site occupants without causing significant damage and/or restoration expenses.
(6)
Exterior design compatibility and avoidance of monotony. No building, other structures, pavement or improvement shall have an exterior design which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste. In addition, no building shall be permitted within any residential or mixed use district to have an exterior appearance which is too similar to nearby buildings so as to create unacceptable monotony.
(7)
Requirements for exterior materials. The following requirements shall apply regarding exterior materials for buildings and structures:
(a)
Building materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, tinted, and decorative concrete block, wood, stucco, and exterior insulation and finish systems (EIFS) may be used, as determined appropriate by the Plan Commission. EIFS and other readily damaged or dented materials shall not be used on portions of the building within one foot of ground level. Decorative architectural metal with concealed fasteners or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building.
(b)
Prohibited materials. No building or structure shall be constructed or faced with any material or texture which is aesthetically incompatible with other building exteriors in the area which are fully consistent with the requirements of this chapter, or which presents an unattractive appearance to the public or surrounding properties. The following materials are prohibited on the exterior of all buildings and structures:
1.
Plain-faced concrete walls or panels.
2.
Plain-faced cinder block or concrete block.
3.
Asphaltic siding.
4.
Plywood, chipboard, or other nondecorative wood or composite material as determined by the Plan Commission.
5.
Metal siding which does not meet any one or more of the following exceptions:
a.
Is determined by the Plan Commission to be a decorative element of the building or structure that can be readily removed or replaced with a permitted exterior material.
b.
Uses a method of exterior wall fastening which is fully concealed from view by means of an interlocking panel, panel overlap, or other method approved by the Plan Commission which results in full concealment.
c.
Uses visible exterior fasteners which are the same color as the attached wall for any principal or accessory structure within the BP, RH-35, LI, GI, and ME Zoning Districts, in any location on the building or structure which meets all of the following criteria:
i.
Is located more than 100 feet from any portion of a residential zoning district boundary and more than 100 feet from any portion of a public right-of-way.
ii.
Is located more than 100 feet from any visitor or customer door.
iii.
Transitions to any other exterior material, texture, color, or pattern at a building corner, pier, pilaster, eave, parapet, or other physical change in the wall plane, so as to complement the overall exterior design of the building or structure as determined by the Plan Commission.
iv.
If adding on to a primary structure or adding an accessory building and the existing structures already have exposed fasteners the same color as siding.
v.
Residential accessory structures less that 240 square feet in size may use metal siding with visible exterior fasteners which are the same color as the attached siding.
[Added 6-9-2021 by Ord. No. 1994]
6.
Fiberglass or poly-roofing or siding.
7.
Other materials as determined by the Plan Commission
(8)
Waste receptacles. The development shall contain a sufficient number of waste bins to accommodate all trash and recyclable materials generated by the land uses in a convenient manner and in accordance with the building design and performance standards of this article.
(9)
Pedestrian and bicycle access. The entire development shall provide for full and safe pedestrian and bicycle access within the development, which shall include appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods; sidewalk connections to all building entrances from all public streets; secure bicycle parking and pedestrian furniture in appropriate quantities and locations; and a central pedestrian gathering area.
§ 10-102 Access standards.
(1)
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of access to public rights-of-way in accordance with the utilization of various sites.
(2)
Applicability. The requirements of this section shall apply to each access point onto a public street or right-of-way in all new developments.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all proposed access drives on the subject property.
(4)
Number of access points.
(a)
Each lot shall have not more than two access points on any street frontage adjacent to any lot. Said access shall require approval by the Director of Public Works.
(b)
No lot shall be permitted more than one access point on any one street if its frontage on said street is less than 100 linear feet (as measured along the right-of-way line).
(c)
On arterial streets, and in areas experiencing, or expected to experience, congestion and/or safety problems, access to a lot may be required to be located via an access point located on an adjacent property or another street frontage.
(d)
For residential uses, two access points serving the same street frontage may be approved as a conditional use.
(5)
Residential uses. Residential uses shall not have access points onto a nonresidential collector or arterial street unless such street has the only available frontage.
(6)
Nonresidential uses. Nonresidential uses shall not have access points onto a residential street unless such street has the only available frontage.
(7)
Access near street intersections. At its intersection with the street right-of-way line on an arterial or nonresidential collector street, no access point shall be located closer than 100 feet from the intersection of any two street rights-of-way unless such street is the only available frontage on the subject property. In all cases, access points shall be located as far from an intersection as the lot size permits. Nonconforming driveways may be replaced in their current location, except as part of site plan review and approval.
(8)
Distance between access drives. The minimum distance between access drives serving the same property shall be 25 feet (edge to edge), as measured at the property line. A distance in excess of 25 feet may be required if existing or projected traffic warrant a greater distance.
(9)
Angle of intersection with public right-of-way. All access drives shall intersect with any public right-of-way at an angle of not less than 75° and shall intersect at an angle of 90° wherever possible.
(10)
Distance from property line. The distance from an access drive to the property line of an adjacent property shall not be less than five feet, as measured along the right-of-way line.
(11)
Width of driveways. All access drives shall have a minimum width of 10 feet for single- and two-family dwellings, and 18 feet for all other land uses. All curb openings for access drives shall have a maximum width of 24 feet for all residential uses, and 30 feet for all nonresidential uses, as measured at the right-of-way line. Access drives may be flared between the right-of-way line and the roadway up to a maximum of five additional feet. This requirement may be exceeded with explicit Plan Commission approval for uses other than single-family.
(12)
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards. Traffic into and out of all off-street parking, loading, and traffic circulation areas serving six or more parking spaces shall be forward moving, with no backing into streets or pedestrian ways. Traffic control devices shall be required as determined by the Director of Public Works.
(13)
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.
(14)
Paving of access. All access approach areas located within a street right-of-way shall be paved to the satisfaction of the Zoning Administrator with a hard, all-weather surface, and shall be maintained so as to prevent the transport of gravel, dirt, or other eroded material from the subject property into the right-of-way. This requirement must be fulfilled before building occupancy, unless granted a time-specific extension in writing by the Zoning Administrator.
§ 10-103 Visibility standards.
(1)
Purpose. The purpose of this section is to alleviate or prevent congestion of public and private rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility.
(2)
Applicability. The requirements of this section shall apply to all new development.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all developments for conformance with this section.
(4)
Vision triangle at public streets. A vision triangle extending 15 feet from all public street right-of-way intersections shall be maintained. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of three feet and eight feet. Development in the DMU and UMU Districts shall be exempt from this requirement.
(5)
Vision triangle at alleys and driveways. A vision triangle extending 10 feet from alleys and driveways shall be maintained. No wall, fence, structure, utility structure or appurtenance or vegetation shall be permitted within such vision triangle which materially impedes vision between the height of three feet and eight feet. Development in the DMU and UMU Districts shall be exempt from this requirement.
Figure 10-103 Visibility Standards  |
§ 10-104 Off-street parking and traffic circulation.
(1)
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites.
(2)
Applicability. The requirements of this section shall apply to all new development.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Zoning Administrator shall review and approve all development for conformance with this section.
(4)
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of the shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection (6)(c), below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
(5)
Minimum required off-street parking spaces. Off-street parking requirements for each land use (See Article III.) are generally tied to the use's capacity and gross floor area or the number of employees at the subject property during the largest work shift. The term "capacity" means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. The term "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by said land use.
(6)
Off-street parking and traffic circulation standards.
(a)
Circulation. The site shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the general rules of the road. All traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.
(b)
Surfacing and marking. All off-street parking and traffic circulation areas (including all residential driveways except those in the RH-35 District) shall be paved with a hard, all-weather or other surface that advances the goals of the Comprehensive Plan or other adopted plan, policy, or regulation of the City to the satisfaction of the Director of Public Works. Said surfaces intended for six or more parking stalls shall be marked in a manner which clearly indicates required parking spaces.
(c)
Access. With the exception of single-family and two-family dwellings, each off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way exceeding 80 feet in width. All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley in a manner which least interferes with traffic movements. No driveway across public property, or requiring a curb cut shall exceed a width of 40 feet for commercial and industrial land uses, or 25 feet for residential land uses (See Figure 10-104a.). Off-street parking spaces for residential uses may be stacked or in front of one another for the same building unit. Parking spaces located behind an enclosed garage and located directly off a through aisle shall be a minimum of 30 feet deep.
(d)
Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage.
(e)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 10-106.
(f)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article IX.
(g)
Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in Article VIII.
(h)
Handicapped parking spaces. Handicapped parking shall be provided at a size, number, location, and with signage as specified by state and federal regulations.
(i)
Parking space design standards. Other than handicapped parking, each off-street parking space shall comply with the minimum requirements of Figure 10-104a. The minimum required length of parking spaces shall be 16 feet. All parking spaces shall have a minimum vertical clearance of at least seven feet.
Figure 10-104a Parking Layout Dimensions | |||||||
|---|---|---|---|---|---|---|---|
Parking Angle in Degrees | |||||||
Minimum Permitted Dimensions | 0° | 45° | 60° | 75° | 90° | ||
Stall width at parking angle (SW) (feet) | 9.0 | 9.0 | 9.0 | 9.0 | 9.0 | ||
Stall width parallel to aisle (WP) (feet) | 18 | 12.7 | 10.4 | 9.3 | 9.0 | ||
Stall depth to wall (D)1 (feet) | 9.0 | 17.5 | 19.0 | 19.5 | 18.5 | ||
Stall depth to interlock (DI) (feet) | N/A | 15.3 | 17.5 | 18.8 | N/A | ||
Stall length (SL) (feet) | 18.0 | 25.0 | 22.0 | 20.0 | 18.5 | ||
Aisle width for one-way traffic (AW) (feet) | 12.0 | 12.0 | 16.0 | 23.0 | 26.0 | ||
Throat length (right-of-way to parking angle) (T) | Refer to requirements in Figure 10-124b | ||||||
Parking module width (PMW) | |||||||
Wall to wall (single-loaded) (W1) (feet) | 21.0 | 29.5 | 35.0 | 42.5 | 44.5 | ||
Wall to wall (double-loaded) (W2) (feet) | 30.0 | 47.0 | 54.0 | 62.0 | 63.0 | ||
Wall to interlock (double-loaded) (W3) (feet) | N/A | 44.8 | 52.5 | 61.3 | N/A | ||
Interlock to interlock (double-loaded) (W4) (feet) | N/A | 42.6 | 51.0 | 61.0 | N/A | ||
Notes: | |||||||
1 | Parking spaces located behind an enclosed garage and located directly off a thorough aisle shall be at least 30 feet deep. | ||||||
 | |||||||
(j)
Minimum permitted throat length. Figure 10-104b shall be used to determine the minimum permitted throat length of access drives serving parking lots as measured from the right-of-way line along the center line of the access drive. This regulation may be modified by the Plan Commission by explicit motion associated with this site review process.
Figure 10-104b Permitted Throat Length | |||
|---|---|---|---|
Minimum Throat Length | |||
Type of Access Street | |||
Land Use/Type | Scale of Development | Collector (feet) | Arterial (feet) |
Residential | |||
Any residential | 0-100 dwelling units | 25 | N/A |
101-200 dwelling units | 50 | 75 | |
201+ dwelling units | 75 | 125 | |
Commercial | |||
Office | 0-50,000 gross square feet | 25 | 50 |
50,001-100,000 gross square feet | 25 | 75 | |
100,001-200,000 gross square feet | 50 | 100 | |
200,001+ gross square feet | 100 | 150 | |
In-vehicle sales or service | 0-2,000 gross square feet | 25 | 75 |
2,001+ gross square feet | 50 | 100 | |
Commercial indoor lodging | 0-150 rooms | 25 | 75 |
151+ rooms | 25 | 100 | |
Other commercial uses | 0-25,000 gross square feet | 25 | 50 |
25,001-100,000 gross square feet | 25 | 75 | |
100,001-500,000 gross square feet | 50 | 100 | |
500,001+ gross square feet | 100 | 200 | |
Industrial | |||
All industrial uses | 0-100,000 gross square feet | 25 | 50 |
100,001-500,000 gross square feet | 50 | 100 | |
500,001+ gross square feet | 50 | 200 | |
Other Uses | |||
6+ spaces | 25 | 50 | |
(k)
Partial or phased development of required parking spaces. Any development may seek permission to not install a portion of its required parking at time of site plan review; however, the site plan shall depict the minimum number of required parking spaces.
(l)
Limit on the maximum number of required parking spaces. No site plan may be approved for a multifamily or nonresidential use which contains more than 120% of the development's minimum number of required parking spaces, except as granted through a conditional use permit.
(7)
Joint and off-site parking facilities.
(a)
Parking facilities which have been approved to provide required parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses. However, this aggregate requirement may be reduced or expanded by the Plan Commission by explicit motion associated with this site plan review process.
(b)
Joint use parking facility. Up to 15% reduction in the number of required parking spaces for four or more separate uses; 10% for three separate uses; and 5% for two separate uses may be authorized by the Zoning Administrator following approval of a plan which provides for a collective parking facility of no less than 15,000 square feet, serving two or more buildings or uses, developed through voluntary cooperation or under any parking district which may hereafter be provided by law.
(c)
Day-night use parking facility. The Zoning Administrator may authorize the shared day-night use of parking facilities under the following conditions:
1.
Up to 50% of the parking facilities by nighttime uses may be supplied by the off-street parking facilities of daytime uses.
2.
Up to 50% of the parking facilities of daytime uses may be supplied by the off-street parking facilities of nighttime uses.
3.
Up to 100% of the parking facilities of a church or auditorium incidental to a grade school may be supplied by the off-street parking facilities of daytime uses.
4.
For the purposes of this section, daytime uses are defined as offices, banks, retail stores, personal service or repair shops, household equipment or furniture stores, manufacturing or wholesale, or similar primarily daytime uses; and nighttime uses are defined as auditoriums incidental to grade schools, churches, bowling alleys, dance halls, theaters, bars or restaurants, motels, or similar primarily nighttime or Sunday uses and R-8 and R-9 nonelderly, multifamily housing.
(d)
The applicant(s) for approval of a joint or day-night use parking facility shall demonstrate that there is no substantial conflict in the demand for parking during the principal operating hours of the two of more uses for which the joint parking facility is proposed to serve. Conditions required for joint use shall be as follows:
1.
The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities or a longer distance as permitted by the Plan Commission through a conditional use permit.
2.
The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
3.
A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with Zoning Administrator. Joint use parking privileges shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required in this chapter.
(8)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking may be located between the principal structure on a residential lot and a street right-of-way. All residential or noncommercial driveways shall have a minimum width of 10 feet and maximum of 24 feet. A maximum of twelve-foot width addition is allowed to the inside between the principal structure and street, not to exceed 20 feet in length, with taper on the street (see Figure 10-104c).
[Amended 9-13-2023 by Ord. No. 2021]
(b)
No private parking shall occur on street terraces, driveways, or any other areas located within a public right-of-way not explicitly designated by the Director of Public Works.
(c)
Except in the DMU and UMU Districts, there shall be a minimum ten-foot setback for any driveway width additions or parking pads in the front and street side yards. See Figure 10-104c. Driveways adjacent to alleys are exempt from this requirement.
Figure 10-104c Minimum Driveway Expansion Setback  |
(9)
Bicycle parking standards.
(a)
Required provision of bicycle parking areas. For residential and nonresidential sites having an off-street automobile parking requirement of 100 spaces or more, off-street bicycle parking spaces shall be provided in a number equal to 5% of the automobile parking space requirement. For residential and nonresidential sites having an off-street parking requirement of less than 100 spaces, a number of off-street bicycle parking spaces shall be provided equal to 10% of the automobile parking space requirement. Each inverted-U-type rack provided will count as two bicycle parking spaces.
(b)
Specifications for bicycle parking spaces.
1.
The inverted-U-type bike rack is the preferred bicycle parking rack and means of providing off-street bicycle parking spaces as required in this section. All bicycle parking provided should be on a hard-surfaced area, and be located a minimum of 24 inches from a parallel wall, and 30 inches from a perpendicular wall (as measured closest to the inverted-U). Bicycle parking lockers are specifically encouraged for assigned use by employees and bicycle commuters. Bicycle parking capacity provided via lockers will be considered as being in compliance with these rules. Lockers are to be placed in accordance with setback requirements applicable to vehicular parking lots.
2.
Bicycle parking spaces should either be installed in the public street right-of-way or on private sites in conformance with setback requirements applicable to automobile parking lots. The spaces shall be placed within 50 feet of building entrances, or where bicyclists would naturally transition to pedestrian mode. The placement of the racks should minimize conflicts with pedestrians and motorized traffic.
(10)
Installation and maintenance. All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by § 10-107.
(11)
Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of licensed operable vehicles. Within residential districts, required parking spaces shall only be used by operable cars and trucks.
(12)
Setbacks. The distance from an off-street parking area to the property line of an abutting property shall not be less than five feet, as measured along the property line, except for existing driveways, driveways on lots of 50 feet in width or less, and shared driveways. Existing parking areas may be maintained, repaired, or replaced at their setback as of the effective date of this chapter. Parking areas and the edge of driveway additions shall have a ten-foot setback from the front and street yard property line.
(13)
Parking requirement exceptions:
(a)
The Plan Commission may decrease the required number of off-street automobile parking spaces based upon technical documentation furnished by the applicant that indicates, to the satisfaction of the Plan Commission, that actual off-street parking demand for that particular use is less than the required standard set forth in this chapter.
(b)
Parking within the Downtown Mixed Use District. Within the DMU District, the parking requirements of this chapter are hereby waived.
§ 10-105 Off-street loading standards.
(1)
Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
(2)
Applicability. All institutional, commercial, industrial, storage, and transportation land uses which have a gross floor area of 10,000 square feet or more shall provide off-street loading facilities in accordance with the regulations of this section.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all development for conformance with this section.
(4)
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. All loading areas shall be located on the private lot and shall not be located within or interfere with any public right-of-way.
(5)
Size of loading area. The first loading berth shall be designed in accordance with Figure 10-105. All remaining required loading berths shall be a minimum of 50 feet in length and 10 feet in width. All loading berths shall have a minimum vertical clearance of 14 feet.
Figure 10-105 Loading Standards | ||||||
|---|---|---|---|---|---|---|
Design Vehicle | Length in Feet | Dock Angle (a) | Clearance in Feet (D) | Berth Width in Feet (W) | Apron Space in Feet (A) | Total Offset in Feet (T) |
WB-40 | 50 | 90° | 50 | 10 | 63 | 113 |
12 | 56 | 106 | ||||
14 | 52 | 102 | ||||
60° | 44 | 10 | 46 | 90 | ||
12 | 40 | 84 | ||||
14 | 35 | 79 | ||||
45° | 36 | 10 | 37 | 73 | ||
12 | 32 | 68 | ||||
14 | 29 | 65 | ||||
WB-50 | 55 | 90° | 55 | 10 | 77 | 132 |
12 | 72 | 127 | ||||
14 | 67 | 122 | ||||
60° | 48 | 10 | 55 | 103 | ||
12 | 51 | 99 | ||||
14 | 46 | 94 | ||||
45° | 39 | 10 | 45 | 84 | ||
12 | 40 | 79 | ||||
14 | 37 | 76 | ||||
 | ||||||
(6)
Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley, and shall not interfere with other vehicular or pedestrian traffic, and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
(7)
Surface and marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Said surface shall be marked in a manner which clearly indicates required loading areas.
(8)
Use of required loading areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.
(9)
Lighting. All loading areas shall be lit so as to not exceed the standards of § 10-106.
(10)
Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article IX.
(11)
Depiction on required site plan. Any and all required loading areas and trailer and container storage areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.
§ 10-106 Exterior lighting standards.
[Amended 7-10-2024 by Ord. No. 2031]
(1)
Purpose. The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
(2)
Applicability. The requirements of this section apply to all private exterior lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way and/or lighting located on public property.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all development for conformance with this section.
(4)
Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation, and configuration on the site plan required for the development of the subject property.
(5)
Exterior lighting requirements.
(a)
In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
(b)
Flashing, flickering and/or other lighting which may distract motorists is prohibited.
(c)
Intensity of illumination.
1.
In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandle above ambient lighting conditions on a cloudless night.
2.
The maximum average on-site lighting in nonresidential zoning districts shall be 2.5 footcandles.
3.
The maximum average on-site lighting in residential zoning districts shall be 1.0 footcandle.
4.
The following exceptions shall be permitted:
a.
The maximum average allowable on-site lighting of outdoor recreation facilities and assembly areas is 4.0 footcandles.
b.
The maximum average on-site lighting of auto display lots and gas station pump islands is 25.0 footcandles; all under-the-canopy fixtures shall be fully recessed.
5.
Reflected glare onto nearby buildings, streets or pedestrian areas is prohibited. To minimize any indirect overflow of light on adjacent properties, the height of any proposed parking lot light standard should be as short as possible and should stair step down to a lower height when close to residential uses.
(d)
Fixtures and luminaries.
1.
Outdoor lighting shall be full cut-off fixtures and downward facing and no direct light shall bleed onto adjacent properties. Exempt from this requirement are any fixtures using an incandescent bulb of 100 watts or less, or its equivalent.
2.
Light fixtures shall not be located within required buffer yards.
3.
Total cut-off luminaries with angles of less than 90° shall be required for pole and building security lighting to ensure no fugitive up lighting occurs.
4.
The color and design of fixtures shall be compatible with the building and public lighting in the area, and shall be uniform throughout the entire development site.
5.
The maximum fixture height in the SR-2, SR-4, SR-5, SR-6, SR-7, MR-10, MR-20, NMU, DMU, and UMU Districts shall be 16 feet. The maximum fixture height in the CMU, BP, GI, LI and ME Districts shall be 25 feet.
6.
All lighting fixtures existing prior to the effective date of this chapter shall be considered as legal conforming.
(e)
All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.25 footcandle.
(f)
Any temporary use using exterior lighting which is not in complete compliance with the requirements of this section shall secure a temporary use permit. (See § 10-172.)
§ 10-107 Exterior storage standards.
(1)
Purpose. The purpose of this section is to control the use of residential, office, and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to Article III.
(2)
Applicability. The requirements of this section apply to all development.
(3)
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process. (See § 10-174.)
(4)
Requirements for exterior storage in mixed use districts. In all commercial zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials, and related equipment connected within on-site construction; and off-street parking.
(5)
Inoperative motor vehicles and junk. Refer to Chapter 9 in the City's Municipal Code.
(6)
Exterior trash storage. All exterior trash storage shall be located within an enclosure that completely screens the view of said trash. The exterior of said enclosure shall be constructed of some or all of the materials used on the main building. A solid wood fence shall be used to gain access to the storage area.
(7)
Outdoor storage of firewood. No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery. Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this section shall not include hedges and other vegetation.
(a)
All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of.
(b)
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles, or that harbor or are infested or inhabited by rats or other vermin, are public nuisances and may be abated pursuant to the provisions of this chapter.
(c)
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
(8)
Accessory parking and storage. Vehicles without current registration shall be prohibited on any public street or in any yard. No person shall park any motor truck, truck trailer, trailer, semitrailer or any other vehicle or combination of vehicles weighing more than 10,000 pounds in any residential district, except recreational vehicles or motor homes are allowed if parked in a driveway.
(9)
Recreational vehicles and structures. Outside storage is permitted for not more than two total of the following: building for ice fishing, mobile camp trailer, snowmobile, camper utility trailer, boat, all-terrain vehicle and personal watercraft, provided that the above vehicles and structures are owned by the residence. No storage is permitted in front yards, except in the owner's driveway.
§ 10-108 Fencing standards.
[Amended 7-10-2024 by Ord. No. 2031]
(1)
Purpose: The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.
(2)
Applicability: The requirements of this section apply to all fencing, landscape walls and decorative posts equal to, or exceeding, 36 inches in height, for all land uses and activities.
(3)
Review and approval: Fences over 20 feet in length shall be reviewed and approved by the Zoning Administrator and shall require a building permit, unless he or she determines that site plan review by the Plan Commission (per § 10-174) is necessary or the proposed fence requires a conditional use permit.
(4)
Standards.
(a)
Materials.
1.
Residential fences shall be constructed using residential-style fencing, including, but not limited to, naturally resistant or treated wood, brick, natural stone, masonry, wrought iron, vinyl, galvanized and/or coated chain-link (minimum thickness of nine gauge and a required top rail support). Chain-link fence slats are subject to provisions of this section regarding open and solid fences.
2.
Nonresidential fences shall use the materials listed in Subsection (4)(a)1, above. Corrugated metal or other solid metal fences may only be used in the LI, GI, and ME Zoning Districts.
3.
Except for a security fence, any fence within any residential or mixed use within the required or provided front yard, whichever is less restrictive, shall be a maximum of 50% opaque, such as a wood or metal picket or wood rail fence as defined by the spaces between pickets as equal to or greater than the width of the pickets. See Figure 10-108a.
Figure 10-108a Fencing Standards  |
Figure 10-108b Fencing Standards  |
Figure 10-108c Fencing Standards  |
4.
Wire mesh and chain-link fencing is not permitted within the required or provided front yard, whichever is less restrictive, in the RH-35, SR-2, SR-4, SR-5, SR-6, SR-7, TR-6, MR-10, MR-20, and MH-8 Zoning Districts, except when used in conjunction with parks, schools, and airports.
5.
Barbwire or razor wire fencing is only permitted on the top of security fencing when located at least 6 1/2 feet above the ground.
6.
Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction is permitted. Permits are not required for temporary fencing.
(b)
Location.
1.
On all properties, no fence or decorative post shall be located closer than three feet of the right-of-way line in the provided front yard, provided street side yard property line, or when abutting an alley.
2.
Fences shall be located within any property line abutting a side or rear yard.
3.
All fences must meet the visibility standards in § 10-103.
4.
Fences may be located within easements per the provisions of the easement.
5.
Replacement of fences existing as of the effective date of this chapter in their current location shall be permitted.
(c)
Maximum height. The maximum height of any fence panel, landscape wall, or decorative post shall be the following:
1.
In the SR-2, SR-4, SR-5, SR-6, SR-7, TR-6, MR-10, MR-20, MH-8, and NMU Zoning Districts:
a.
Four feet when located within the required front or provided yard, whichever is closer to the street.
b.
Six feet within the side, rear, or street side yard, but not in the required front yard or beyond the front facade of the house, whichever is closer to the street.
2.
In the CMU, UMU, DMU, BP, LI, GI, ME, and PD Zoning Districts:
a.
Eight feet when located behind the front facade of the building or required yard, whichever is closer to the street.
b.
Four feet when located in the required front yard or between the front facade of the building, whichever is closer to the street.
c.
Eight feet for security fences in any yard.
3.
Height shall be measured from the ground immediately under the fence to the top of the fence face.
4.
Height exceptions.
a.
Decorative posts at a minimum spacing of 24 inches may extend eight inches above the maximum height. This exception is not allowed for front yard fences.
b.
To accommodate slopes and/or lawn maintenance, up to four inches of ground clearance shall be allowed which will not contribute to the measurement of maximum fence height. This exception is not allowed for front yard fences.
c.
Berms with slopes less than or equal to a minimum of three feet of horizontal to a maximum of every one foot of vertical (i.e., 3:1) shall not contribute to the measurement of maximum fence height.
(5)
On-fence lighting. On-fence lighting is permitted and shall conform to all requirements of § 10-106 as well as the State Electrical and Building Codes.
(6)
Orientation. Any and all fences, landscape walls, or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property.
(7)
Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.
(8)
Swimming pools. Fencing for swimming pools shall be provided per the Model Swimming Pool Enclosure Code established by the National Spa and Pool Institute (NSPI), which is available from the City Public Works Department.
§ 10-109 Swimming pool standards.
(1)
Purpose. The purpose of this section is to regulate swimming pools in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. This section applies to all swimming pools, aboveground pools, temporary or permanent air-inflatable pools, and in-ground pools defined as an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 24 inches, used or intended to be used solely by the owner, operator, or lessee thereof and family and guests invited to use it; and including all structural facilities, appliances, appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
[Amended 5-11-2022 by Ord. No. 2005]
(3)
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process. (See § 10-174.)
(4)
Permit required. A building permit must be secured prior to the commencement of construction or erection of a private or residential swimming pool, or on any alterations, additions, remodeling, or other improvements. Plans, specifications, and pertinent explanatory data shall be submitted to the Building Inspector at the time of application.
(5)
Exempt pools. Nonfiltered storable swimming or wading pools that are less than 24 inches in depth and so constructed that they may be readily disassembled for storage and reassembled to their original integrity are exempt from the provisions of this section. Decorative pools, such as koi ponds that are less than 24 inches in depth are exempt from the provisions of this section. Spas and hot tubs with lockable tops are also exempt.
[Amended 5-11-2022 by Ord. No. 2005]
(6)
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a building permit for construction as provided for in Subsection (4), above, unless the following requirements are observed:
(a)
All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements and pool installation shall be in accord with all state regulations and with any and all ordinances of the City now in effect or hereafter enacted.
(b)
All plumbing work shall be in accordance with all applicable ordinances of the City and all state plumbing codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located, or in the general vicinity. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Director of Public Works.
(c)
All electrical installations, including lighting and heating, which are used in conjunction with a private swimming pool shall be in conformance with the state laws and City ordinances regulating electrical installations.
(7)
Setbacks and other requirements. Private swimming pools shall be erected or constructed on rear or side yards only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building. All swimming pools shall be at least six feet from any lot line or building unless designed and approved as an addition to a building.
(8)
Enclosure. Pools within the scope of this section that are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than five feet in height and not less than four feet from the pool edge, and constructed not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be equipped with self-closing and self-latching devices located at the top of the gate or door on the pool side of the enclosure, except the door of any residence that forms a part of the enclosure. This section shall not apply to existing fences on the date of adoption of this chapter at least 40 inches in height that otherwise comply with this section.
(9)
Compliance. All swimming pools existing at the time of adoption of this chapter not satisfactorily fenced shall comply with the fencing requirements of Subsection (8), or when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
(10)
Filter system required. All private swimming pools within the meaning of this chapter must have some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
(11)
Dirt bottoms prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
§ 10-110 Vibration standards.
(1)
Purpose. The purpose of this section is to regulate the creation of vibration which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.
(3)
Review and approval. Through the site plan review process (See § 10-174.), the Plan Commission shall review and approve all development on the subject property.
(4)
Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property.
(5)
Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given in Figure 10-110, below.
(6)
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula:
D = K/f |
Where |
D = Displacement in inches; |
K = A constant to be determined by reference to Figure 10-110 below; |
f = The frequency of vibration transmitted through the ground (cycles per second). |
Figure 10-110 Vibration Measurement Constant | |||
|---|---|---|---|
Location for Measurement | K All Other Districts | K GI District | |
On or beyond any adjacent lot line | |||
Continuous | 0.003 | 0.015 | |
Impulsive | 0.006 | 0.030 | |
Less than 8 pulses per 24-hour period | 0.015 | 0.075 | |
On or beyond any residential district boundary line | |||
Continuous | 0.003 | 0.003 | |
Impulsive | 0.006 | 0.006 | |
Less than 8 pulses per 24-hour period | 0.015 | 0.015 | |
§ 10-111 Noise standards.
[Amended 7-10-2024 by Ord. No. 2031]
(1)
Purpose. The purpose of this section is to regulate the creation of noise which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, maintenance, or agricultural operations.
(3)
Requirements. All noise shall be muffled so as not be objectionable due to intermittence, frequency, or shrillness. In no event shall the sound-pressure level of noise continuously radiated from a facility exceed the values given in Figure 10-111a as measured by a Type 2 sound meter that is in compliance with ANSI Standard S1.4-1983. The measurement shall be conducted at the lot line of the subject property where said lot abuts property within any residential or mixed use zoning district, or the Business Park (BP) District.
(4)
Nonconforming noise. Noise that was in effect as of the effective date of this chapter shall be considered legal nonconforming. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter is the responsibility of the noise producer.
Figure 10-111a Maximum Permitted Noise Level at Lot Line for Continuous Noise | |
|---|---|
Zoning District | Increase in Noise Level Over Ambient Level |
RH-35, SR-2, SR-4, SR-5, SR-6, SR-7, TR-6, MR-10, MR-20, MH-8 | Plus 3 dBA |
NMU, CMU, UMU, DMU, BP | Plus 5 dBA |
LI, GI, ME | Plus 8 dBA |
Figure 10-111b Adjustment Factors for Maximum Noise Levels | |
|---|---|
Type of Operation in Character of Noise | Correction in Decibels |
Daytime operation only | Plus 5 dBA |
Noise source operates less than 20% of any 1-hour period | Plus 5 dBA1 |
Noise source operates less than 5% of any 1-hour period | Plus 10 dBA1 |
Noise source operates less than 1% of any 1-hour period | Plus 15 dBA1 |
Noise of impulsive character (hammering, etc.) | Minus 5 dBA |
Noise of periodic character (hum, speech, etc.) | Minus 5 dBA |
NOTE: | |
1 | Apply only one of these corrections. |
§ 10-112 Air pollution standards.
(1)
Purpose. The purpose of this section is to regulate the creation of air pollution which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to air pollution created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
(3)
Standards. In addition to all applicable state and federal standards, the following shall apply:
(a)
The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(b)
Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (United States Bureau of Mines) is prohibited at all times.
(c)
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 kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means.
(d)
Outdoor wood furnaces are not permitted in the City of Shawano for public health and safety reasons.
(e)
All applicable state and federal standards.
§ 10-113 Odor standards.
(1)
Purpose. The purpose of this section is to regulate the creation of odor which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property, or by incidental fertilizer application, traffic, parking, loading, or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.
(3)
Standards. Except for food preparation and cooking odors emanating from residential land uses, and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within any residential or mixed use district, or the Business Park (BP) District.
§ 10-114 Glare and heat standards.
(1)
Purpose. The purpose of this section is to regulate the creation of glare or heat in order to prevent the creation of nuisances and to promote the health, safety, and welfare of the public.
(2)
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
(3)
Standards. 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. As determined by the Zoning Administrator, there shall be no discernible transmission of heat or heated air at the lot line. Solar systems regulated by § 66.0401, Wis. Stats., shall be entitled to the protection of its provisions.
§ 10-115 Fire and explosions.
(1)
Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely affect adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all land uses and activities.
(3)
Standards. 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. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the State of Wisconsin.
§ 10-116 Toxic, noxious, and waste materials.
(1)
Purpose. The purpose of this section is to regulate the handling of toxic, noxious, or waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
(2)
Applicability. The requirements of this section apply to all land uses and activities.
(3)
Standards. No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to private property or business. No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Public Health.
§ 10-117 Hazardous materials.
(1)
Purpose. The purpose of this section is to provide information to the City regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.
(2)
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(a)
Microorganism cultures subject to § 94.65, Wis. Stats.
(b)
Pesticides subject to § 94.67(25), Wis. Stats.
(c)
Biological products subject to § 95.39, Wis. Stats.
(d)
Hazardous substances subject to § 100.37(1)(c), Wis. Stats.
(e)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.
(f)
Infectious agents subject to § 101.58(2)(f), Wis. Stats.
(g)
Any material for which the State of Wisconsin requires notification of a local fire department.
(h)
Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.
(3)
Standards. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal.
§ 10-118 Group and large development standards.
(1)
Purpose. The purpose of this section is to establish standards that ensure group developments and large developments are properly located and are compatible with the surrounding area and the overall community character of the City of Shawano.
(2)
Definitions. As used in this section, the following terms shall have the meanings indicated:
GROUP DEVELOPMENT
Any development located on one lot and comprised of any single instance or any combination of the following development types:
(a)
One or more principal multifamily residential buildings with 11 or more residential units on the same lot.
(b)
Two or more principal structures on the same lot, whether currently serving a single use or more than one use.
(c)
Any addition of principal buildings that increases the total number of principal structures on the same lot to two or more.
LARGE DEVELOPMENT
Any new development containing any single structure or combination of structures on one or more contiguous lots or building sites on which the total combined gross floor area of all new development exceeds 50,000 square feet of gross floor area. Does not include new additions less than 50,000 square feet, or basements and penthouses when used primarily for storage and mechanical equipment.
(3)
Common examples.
(a)
Common examples of group developments include apartment or condominium complexes with 11 to 20 total units, commercial centers, shopping centers, and office centers where there are two or more principal buildings. Planned developments may be considered group developments or large developments if they meet the definition in Subsection (2).
(b)
Common examples of developments that are both group developments and large developments include multitenant, nonresidential buildings that are in excess of 50,000 gross square feet, and any multibuilding developments in which the combined total of all structures on a site, regardless of diverse ownership, use, or tenancy, combine to exceed 50,000 gross square feet.
(4)
Exceptions. The following situations are exempt from the requirements of this section.
(a)
Structures within City parks.
(b)
Development in the Planned Development District.
(c)
Nonresidential buildings where it can be demonstrated to the satisfaction of the Zoning Administrator that any principal building can be subsequently detached with a lot and yards conforming to the requirements of this chapter.
(5)
Review and approval.
(a)
All group developments and large developments require a conditional use permit (See § 10-171 for review and approval procedure.) regardless of whether individual use(s) within the development are permitted by right within the applicable district, except where such developments are approved as planned developments per § 10-177 or with an approved conditional use permit.
(b)
Any land use that is either a permitted by right land use or a use allowed by conditional use permit within the applicable zoning district may be included within a group development and/or large development.
(c)
Land uses permitted by right in the applicable zoning district shall be permitted by right within an approved group and/or large development, subject to the provisions of this section, unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development and/or large development as a whole.
(d)
Land uses allowed by conditional use permit within the applicable zoning district shall be allowed within the group development and/or large development only with conditional use approval for that land use category, such as outdoor dining or a drive-through. The consideration of the conditional use for the group development and/or large development may occur in conjunction with the review for additional conditional land uses.
(e)
The detailed land use regulations in Article III that pertain to each proposed land use shall also apply within a group development and/or large development, as will all other applicable provisions of this chapter.
(6)
Changes to an approved group and/or large development.
(a)
Following initial issuance of a conditional use permit for the group development and/or large development, the subsequent addition of structures, additions to structures, and expansions of parking or storage areas in the group development and/or large development shall require an amendment to the approved conditional use permit regardless of individual land use(s).
(b)
Changes to individual land uses within a group development and/or large development listed as permitted by right uses within the applicable zoning district are allowed without amendment to the group development and/or large development conditional use permit, unless said conditional use permit placed restrictions on change of use.
(7)
Changes to individual land uses within a group development and/or large development listed as conditional uses within the applicable zoning district may be allowed only by amendment to the conditional use permit, regardless of whether said use entails modifications to the building and/or site layout in the group development and/or large development.
(8)
Standards applicable to all group developments and to all large developments.
(a)
All land uses and development shall comply with the applicable requirements of this chapter, including, but not limited to, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space preservation requirements; access, parking, loading, and unloading requirements; and signage requirements.
(b)
The applicant shall demonstrate how the proposed development relates to each of the following criteria:
1.
Complements the design and layout of nearby buildings and developments.
2.
Enhances, rather than detracts from, the desired character of the City.
(9)
General layout and future divisibility. All development located within a group development and/or large development shall be located so as to comply with the intent of this chapter regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory buildings and buildings located within group developments and/or large developments shall be situated within building envelopes that are in complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments and/or large developments. The use of this approach to designing group developments and/or large developments will facilitate the subdividing of group developments and/or large developments in the future (if such action is so desired).
(10)
Roadway connections. All nonresidential projects shall have direct access or through an easement to an arterial street or to a collector level street deemed appropriate by the City Engineer.
(11)
Parking. Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in § 10-104 by 25% shall be allowed only with specific and reasonable justification.
(12)
Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of 10 feet. Display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives.
(13)
Outdoor storage uses and areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan.
(14)
Landscaping. Landscaping shall meet the standards in See Article VIII.
(15)
Lighting. On-site exterior lighting shall meet the standards in § 10-106.
(16)
Signage. See Article IX for sign regulations.
(17)
Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties.
(18)
Natural resources protection. Existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any stormwater detention or conveyance features are solely borne by the developer/owner unless dedicated to and accepted by the City.
(19)
Additional rules applicable to all large developments [per Subsection (2), definition of "large development," above].
(a)
Compatibility report. The City may require a written compatibility report citing adequate evidence that the proposed building and overall development project shall be compatible with the City's Comprehensive Plan and any detailed neighborhood or special area plan for the area. The compatibility report shall specifically address the following items:
1.
Traffic impact analysis. The City may require that a traffic impact analysis be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. It shall be conducted by a third party agreed upon by both the applicant and the City at the applicant's expense. Such traffic impact analysis shall require the following components:
a.
A demonstration that vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length; design, location, and number of traffic control devices; and sidewalks.
b.
Where the traffic impact analysis indicates that a project may cause off-site public roads, intersections, or interchanges to function below a level of service (LOS) C, the City may deny the application, require a size reduction in the proposed development, and/or require the developer to construct and/or pay for required off-site improvements to achieve a LOS C for a planning horizon of a minimum of 10 years assuming full build-out of the development.
c.
The City has the option to require a trip generation study.
(b)
Economic and fiscal analysis. The City may require completion of an economic and fiscal impact analysis containing the following items:
1.
Estimate to what extent the proposed project would reduce the proposed market area's economic base by eliminating existing businesses.
2.
Compare and evaluate the projected costs and benefits to the community resulting from the project, including:
a.
Projected costs arising from increased demand for and required improvements to public services and infrastructure.
b.
Value of improvements to public services and infrastructure to be provided by the project.
c.
Projected tax revenues to the City to be generated by the project in the first five years of business.
d.
Projected impact of the project in the first five years on land values (both residential and nonresidential) and potential loss or increase in tax revenues to the City of Shawano.
(c)
Building placement and site layout. Where buildings are proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or out-lots closer to the street. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods, and must forward community character objectives as described in the City's Comprehensive Plan.
(d)
The City may require that a detailed neighborhood plan be submitted and approved by the Plan Commission and Common Council. The detailed neighborhood plan shall be prepared for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood. The detailed neighborhood plan shall contain the following specific elements at a scale of not less than one inch equals 400 feet:
1.
Land use with specific zoning districts and/or land uses.
2.
Transitional treatments such as berms and/or landscaping between areas with differing land uses or character.
3.
Complete transportation network, including pedestrian and bicycle facilities and transit routes and stops, where applicable.
4.
Conceptual stormwater management facilities.
5.
Proposed public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities.
6.
Proposed community character themes, including building materials, landscaping, streetscaping, and signage.
7.
Demonstrate that the proposed detailed neighborhood plan is in harmony with the land use, multimodal transportation, utility, stormwater management, community character provisions of the City's Comprehensive Plan.
(e)
Building and parking placement. A maximum of 75% of all parking spaces located anywhere on the site shall be located between the primary street frontage right-of-way line and line of equal setback to the most distant front wall of the building. The remainder of parking on the site shall be set back a greater distance from this setback line to the sides, street sides, and rear of the building unless the applicant can demonstrate a hardship that is approved by the Plan Commission.
§ 10-119 Regulations for vacant buildings.
(1)
This section shall apply to all buildings as of the effective date of this chapter.
(2)
Where any building is vacated because the use or uses conducted thereon are being relocated to a different building, the party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease.
(3)
Any building that is vacated for any reason shall be subject to the following provisions:
(a)
The owner must file with the City a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building.
(b)
The owner shall be required to meet the requirements defined below based on the amount of time the building remains vacant:
Figure 10-119 Steps for Addressing Building Vacancy | |
|---|---|
Time Period Building is Vacant | Requirement |
Within 1 year of vacancy | Install a Fire Department access box for annual fire inspection if the Fire Department determines it is necessary. Remove signage and sign structures |
Within 3 years of vacancy | City may require owner to paint the building a neutral color, if not already done |
Within 5 years of vacancy | City may require the removal of all hard surfaces, with the exception of the main driveway and fire lane around the building, restore the former hard-surfaced areas with black dirt and grass, or any combination of the above |
(c)
Within the first quarter of each year of vacancy, the owner shall provide the Zoning Administrator with a statement as to the condition of the building and prospects for removal or reoccupancy of the building(s).
(d)
At any time following vacancy, the City may utilize other enforcement options available to it to ensure property maintenance and upkeep of the building and site.
(e)
Temporary occupancy of the building(s) and/or the exterior grounds for a period of 365 consecutive days or less shall not be considered to remove the vacancy status of the building under this section.
(4)
Additional requirements. All large developments are subject to the following additional requirements:
(a)
The developer shall enter into a development agreement with the City, which shall include the payment of all utilities, including but not limited to stormwater, sanitary sewer, and street infrastructure. Off-site improvements may also be required as part of the development agreement.
(b)
All buildings located between the large building on the site and a public street shall be of architectural quality comparable to the primary structure, as determined by the Plan Commission.
§ 10-120 Administration and enforcement.
Determinations necessary for administration and enforcement of performance standards set forth in this article range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1)
Where determinations can be made by the Zoning Administrator using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violations is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections or apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
(a)
The Zoning Administrator shall give written notice, by certified mail or other means, ensuring a signed receipt for such notice to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator.
(b)
The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within the time limit set constitutes admission of violation of the terms of this chapter. The notice shall further state that upon request of those to whom it is directed, technical determination as described in this chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the City.