Sheboygan Falls City Zoning Code
§ 365-31
Landscaping and bufferyards.
A.
Purpose. The purpose of this section is to indicate the minimum requirements for the landscaping of foundations, developed lots, street frontages, paved areas, and bufferyards.
B.
How to use this section.
(1)
This section contains the standards which govern the amount, size, type, installation and maintenance of required landscaping. This section recognizes the important and diverse benefits which landscaping provides in terms of protecting the health, safety, and general welfare of the community, and implementing the Comprehensive Plan.
(2)
Each subsection of this section is oriented to a specific category of required landscaping. These include landscaping requirements for foundations (§ 365-31D), landscaping requirements for developed lots (§ 365-31E), landscaping requirements for street frontages (§ 365-31F), landscaping requirements for paved areas (§ 365-31G), and landscaping requirements for bufferyards (§ 365-31H).
(3)
In each instance, a "landscaping point" concept is used to provide a maximum amount of flexibility in terms of the selection of plant materials. Section 365-31C presents sample landscape point combination alternatives used by this section. At the end of this section, § 365-31I provides a listing of plant species fitting into the "climax tree," "tall deciduous tree," "medium deciduous tree," "low deciduous tree," "tall evergreen tree," "medium evergreen tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous shrub," "low deciduous shrub," "medium evergreen shrub," "low evergreen shrub," and "noncontributory plants" used by this section. Section 365-31J provides requirements for the installation and maintenance of required landscaping, and § 365-31K describes the procedure for calculating landscaping requirements for this section.
C.
Landscaping points, sample landscaping schemes and measurement for landscaping requirements.
(1)
All landscaping requirements are stated in terms of the number of landscaping points required. The required number of landscaping points is dependent upon the type of land use, the zoning district, and the size of the development. A different number of points is awarded for each plant, depending upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. A minimum installation size is required for each of these plant categories. These requirements are as follows:
Table 3: Landscaping Points and Minimum Installation Sizes | ||
|---|---|---|
Plant Category | Landscaping Points Per Plant | Minimum Permitted Installation Size |
Climax tree | 75 | 2 inch caliper |
Tall deciduous tree | 30 | 1 1/2 inch caliper |
Medium deciduous tree | 15 | 6 feet tall |
Low deciduous tree | 10 | 4 feet tall |
Tall evergreen tree | 40 | 5 feet tall |
Medium evergreen tree | 20 | 4 feet tall |
Low evergreen tree | 12 | 3 feet tall |
Tall deciduous shrub | 5 | 36 inches tall |
Medium deciduous shrub | 3 | 24 inches tall |
Low deciduous shrub | 1 | 18 inches tall |
Medium evergreen shrub | 5 | 18 inches tall/wide |
Low evergreen shrub | 3 | 12 inches tall/wide |
Noncontributory plants | 0 | N/A |
Source: A Guide to Selecting Landscape Plants for Wisconsin, E. R. Hasselkus, UW-Extension Publication: A2865
D.
Landscaping requirements for building foundations.
(1)
This subsection requires that certain buildings constructed after the effective date of this section be accented by a minimum amount of landscaping placed near the building foundation.
(2)
Landscaping required by this subsection shall be placed so that at maturity, the plant's dripline is located within 10 feet of the building foundation. Such landscaping shall not be located in those areas required for landscaping as street frontages, paved areas, or bufferyards, § 365-31E through I of this section.
(3)
For each 100 feet of building foundation perimeter, the following number of landscaping points (§ 365-31C) shall be provided on a prorated basis, and installed and permanently maintained per the requirements of § 365-31J.
(4)
Climax trees and tall trees shall not be used to meet this requirement. The intent of this section is to require a visual break in the mass of buildings and to require a visual screen of a minimum of six feet in height for all exterior perimeter appurtenances (such as HVAC/utility boxes, standpipes, stormwater discharge pipes and other pipes).
Table 4: Building Foundation Landscaping Requirements Minimum Required Landscaping Points per 100 Linear Feet of Building Foundation | |||
|---|---|---|---|
Zoning District | Land Use (see § 365-31F) | ||
All Other Land Uses | Single-Family Residential | Agricultural | |
Single-Family Residence District (R2) | 45 | 0 | 0 |
Two-Family Residence District (R3) | 40 | 0 | 0 |
Multiple-Family Residence District (R4) | 40 | 0 | 0 |
Commercial District (C2) | 45 | 0 | 0 |
Highway Commercial District (C3) | 40 | 0 | 0 |
Commercial District (C1) | 0 | 0 | 0 |
Light Industrial District (I1) | 40 | 0 | 0 |
Heavy Industrial District (I2) | 20 | 0 | 0 |
Business Park (BPD) | 40 | 0 | 0 |
E.
Landscaping requirements for developed lots.
(1)
This subsection requires that certain lots developed after the effective date of this section contain a minimum amount of landscaping.
(2)
Landscaping required by this subsection is most effective if located away from those areas required for landscaping as building foundations, street frontages, paved areas, or bufferyards, under § 365-31E through H of this section.
(3)
The following number of landscaping points (as described in § 365-31C) shall be provided on a prorated basis for every 1,000 square feet of gross floor area, and installed and maintained per the requirements of § 365-31J.
(4)
The intent of this section is to provide yard shade and to require a visual screen of a minimum of six feet in height for all detached exterior appurtenances (such as HVAC, utility boxes, standpipes, stormwater discharge pipes and other pipes).
Table 5: Developed Lot Landscaping Requirements Minimum Required Landscaping Points per 1,000 Square Feet of Gross Floor Area | |||
|---|---|---|---|
Zoning District | Land Use (see § 365-31F) | ||
All Other Land Uses | Single-Family Residential | Agricultural | |
Single-Family Residence District (R2) | 25 | 0 | 0 |
Two-Family Residence District (R3) | 20 | 0 | 0 |
Multiple-Family Residence District (R4) | 20 | 0 | 0 |
Commercial District (C2) | 20 | 0 | 0 |
Highway Commercial District (C3) | 15 | 0 | 0 |
Commercial District (C1) | 0 | 0 | 0 |
Light Industrial District (I1) | 10 | 0 | 0 |
Heavy Industrial District (I2) | 5 | 0 | 0 |
Business Park (BPD) | 10 | 0 | 0 |
F.
Landscaping requirements for street frontages.
(1)
This subsection requires that street frontages on certain lots developed after the effective date of this section contain a minimum amount of landscaping in those areas which abut the right-of-way of a public street.
(2)
All landscaping used to meet this requirement shall be located within 10 feet of the public right-of-way. In no instance shall such landscaping be located within a public right-of-way. Landscaping shall not impede vehicle or pedestrian visibility.
(3)
For every 100 linear feet of street frontage where a developed lot abuts a public street right-of-way, the following number of landscaping points (as described in § 365-31C) shall be provided on a prorated basis, and installed and maintained per the requirements of § 365-31J.
(4)
Shrubs and evergreens shall not be used to meet this requirement. A minimum of 50% of all points shall be devoted to climax and/or tall trees, and a minimum of 30% of all points shall be devoted to medium trees.
Table 6: Street Frontage Landscaping Requirements Minimum Required Landscaping Points per 100 Linear Feet of Street Frontage | |||
|---|---|---|---|
Zoning District | Land Use (see § 365-31F) | ||
All Other Land Uses | Single-Family Residential | Agricultural | |
Single-Family Residence District (R2) | 45 | 0 | 0 |
Two-Family Residence District (R3) | 40 | 0 | 0 |
Multiple-Family Residence District (R4) | 40 | 0 | 0 |
Commercial District (C2) | 45 | 0 | 0 |
Highway Commercial District (C3) | 40 | 0 | 0 |
Commercial District (C1) | 0 | 0 | 0 |
Light Industrial District (I1) | 40 | 0 | 0 |
Heavy Industrial District (I2) | 20 | 0 | 0 |
Business Park (BPD) | 40 | 0 | 0 |
G.
Landscaping requirements for paved areas.
(1)
This subsection requires that paved areas on certain lots developed after the effective date of this section contain a minimum amount of landscaping within, or within 10 feet of, the paved area. The intent is to require a continuous visual screen of parking areas from public rights-of-way at a minimum height of 40 inches.
(2)
A minimum of 360 square feet of landscaped area, which shall be located within 10 feet of the paved area, is required for the placement of every 100 landscaping points. Said area does not have to be provided in one contiguous area. Plants used to fulfill this requirement shall visually screen parking, loading and circulation areas from view from public streets.
(3)
All landscaping areas located adjacent to paved areas shall be separated from the paved area by a continuous minimum four-inch-tall curb, which is constructed of concrete, asphalt, timber or like material approved by the City Administrator or designee.
(4)
For every 20 off-street parking stalls or 10,000 square feet of pavement (whichever yields the greater landscaping requirement) located in a development, the following number of landscaping points (as described in § 365-31C) shall be provided on a prorated basis, and installed and maintained per the requirements of § 365-31J. A minimum of 30% of all points shall be devoted to climax and/or tall trees and a minimum of 40% of all points shall be devoted to shrubs.
Table 7: Paved Lot Landscaping Requirements Minimum Required Landscaping Points per 1,000 Square Feet of Pavement | |||
|---|---|---|---|
Zoning District | Land Use (see § 365-31F) | ||
All Other Land Uses | Single-Family Residential | Agricultural | |
Single Family Residence District (R2) | 90 | 0 | 0 |
Two-Family Residence District (R3) | 80 | 0 | 0 |
Multiple-Family Residence District (R4) | 80 | 0 | 0 |
Commercial District (C2) | 95 | 0 | 0 |
Highway Commercial District (C3) | 80 | 0 | 0 |
Commercial District (C1) | 0 | 0 | 0 |
Light Industrial District (I1) | 80 | 0 | 0 |
Heavy Industrial District (I2) | 40 | 0 | 0 |
Business Park (BPD) - In addition to the herein described point system, all development in the BPD must comply with the requirements of § 365-14J of this chapter. | 80 | 0 | 0 |
H.
Landscaping requirements for bufferyards.
(1)
Purpose. This subsection provides the landscaping and width requirements for bufferyards on lots developed after the effective date of this section. A bufferyard is a combination of distance and a visual buffer or barrier. It includes an area, together with the combination of plantings, berms and fencing that are required to eliminate or reduce existing or potential nuisances. These nuisances can often occur between adjacent zoning districts. Such nuisances are dirt, litter, noise, glare of lights, signs, and incompatible land uses, buildings or parking areas.
Rationale: One of zoning's most important functions is the separation of land uses into districts which have similar character and contain compatible uses. The location of districts is supposed to provide protection, but in the City of Sheboygan Falls, this is not the case since zoning districts permitting uses as diverse as single-family residential and industrial uses were located next to one another long before the effective date of this section. Bufferyards will operate to minimize the negative impact of any future use on neighboring uses.
(2)
Required locations for bufferyards.
(a)
Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another. Bufferyards may be located in required setback areas. The following chart defines when a bufferyard is required:
R2 to R3 | Not required |
R2 or R3 to R4 | Required |
R2 or R3 to R5 | Required |
R2 or R3 to R6 | Not required |
R2 or R3 to R7 | Not required |
R4 to R5 | Not required |
R2 or R3 or R4 or R5 or R7 to PUD | Required |
R2 or R3 or R4 or R5 or R7 to C1 | Required |
R2 or R3 or R4 or R5 or R7 to C2 | Required |
R2 or R3 or R4 or R5 or R7 to C3 | Required |
R2 or R3 or R4 or R5 or R7 to I1 | Required |
R2 or R3 or R4 or R5 or R7 to I2 | Required |
R2 or R3 or R4 or R5 or R7 to BPD | Required |
C2 or C3 or BPD or I1 or I2 to R6 | Required |
C3 to I1 | Required |
I1 to BPD | Not required |
I2 to BPD | Required |
I1 to I2 | Not required |
A (Agricultural) to any other district | Not required |
C (Conservancy) to any other district | Not required |
(b)
Bufferyard requirements are at a minimum 1 1/2 times general landscape ordinance requirements. All bufferyard requirements are considered part of the conditional use permit for development and will be reviewed by the Plan Commission for the Common Council. All bufferyard designs are subject to approval by the City Plan Commission for recommendation to the Common Council. The Common Council has final approval or denial of all bufferyard requirements.
I.
Classification of plant species. For the purpose of this section, plant materials are classified into 13 groupings: "climax tree," "tall deciduous tree," "medium deciduous tree," "low deciduous tree," "tall evergreen tree," "medium evergreen tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous shrub," "low deciduous shrub," "medium evergreen shrub," "low evergreen shrub," and noncontributory plants. The point values for each classification of species are shown in Table 3 above. Species suitable for landscaping use and compatible with Sheboygan County climate and soil factors are listed in the City of Sheboygan Falls Approved Planting List available from the Zoning Administrator. The Zoning Administrator shall review proposals for, and the applicability of, species not contained in this list and is authorized to approve appropriate similar species. No plant species listed in Ch. NR 40, Wis. Admin. Code, shall be planted in the City.
J.
Requirements for the installation, maintenance and use of landscaped and bufferyard areas.
(1)
Installation.
(a)
Any and all landscaping and bufferyard material required by the provisions of this section shall be installed on the subject property, in accordance with the approved site plan, within 365 days of the issuance of an occupancy permit for any building on the subject property.
(b)
Surety.
[1]
If the subject property is to be occupied prior to the installation of all required landscaping and bufferyard materials, the property owner shall file, subject to approval by the City Administrator or their designee, a bond, a certificate of deposit, an irrevocable letter of credit, or a certified check, in an amount equal to 110% of the estimate of landscaping materials and installation cost. An enforceable contract for all work on the subject property indicated on the detailed landscaping plan required under the provisions of this subsection, from a qualified contractor (valid for said 365-day period), shall be used to determine the amount of surety.
[2]
If a part of a plat of subdivision approved per the requirements of this section, said amount may be split into amounts which are applicable to phases of the plat approved per the requirements of Chapter 357, Subdivision of Land, of this Code.
[3]
Governmental units to which these bond and guarantee provisions apply may, in lieu of said contract or instrument of guarantee, file a resolution or letter from officers authorized to act in its behalf, agreeing to comply with the provisions of this subsection.
(c)
Existing plant material which meets the requirements of § 365-31C, and which will be preserved on the subject property following the completion of development, may be counted as contributing to the landscaping requirements.
(d)
All landscaping and bufferyard areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established.
(e)
The exact placement of required plants and structures shall be depicted on the required detailed landscaping plan and shall be the decision of each property owner within the requirements of this subsection, except that the following requirements shall be met:
[1]
Evergreen shrubs shall be planted in clusters in order to maximize their chance for survival.
[2]
Where a combination of plant materials, and/or berming and/or fencing is used in a bufferyard, the fence and/or berm shall be located toward the interior of the subject property and the plant material shall be located toward the exterior of the subject property.
[3]
A property owner may establish through a written agreement, recorded with the Register of Deeds Office, that an adjacent property owner shall agree to provide a partial or full portion of the required bufferyard on an immediately adjacent portion of their land, thereby exempting the developer from providing all or a portion of the required bufferyard on their property.
[4]
In no manner shall landscaping or bufferyard materials be selected and/or located in a manner which results in the creation of a safety or visibility hazard.
[5]
The restrictions on types of plants listed in § 365-31D through G shall apply.
(2)
Maintenance. The continued and continual maintenance of all required landscaping and bufferyard materials shall be a requirement of this section and shall be the responsibility of the owner of the property on which said materials are required. This requirement shall run with the property and is binding upon all future property owners. Development of any and all property following the effective date of this section shall constitute an agreement by the property owner to comply with the provisions of this subsection. Upon failure to comply with these provisions, the City may enter upon the property for the purpose of evaluating and maintaining all required landscaping and bufferyard materials, and may specially assess the costs thereof against the property. Failure to comply with this requirement shall be considered a violation of this section, and shall be subject to any and all applicable enforcement procedures and penalties.
(3)
Use of required bufferyard and landscaped areas. Any and all required bufferyards or landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian or bike trails, provided that: no required material is eliminated; the total width of the required bufferyard, or the total area of required landscaping, is maintained; and all other regulations of this section are met. In no event, however, shall swimming pools, tennis courts, sports fields, golf courses, or other such active recreation uses be permitted in such areas. Furthermore, in no instance shall any parking be permitted in such areas, nor shall any outdoor display or storage of materials be permitted in such areas. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.
(4)
Utility easements. Landscaping materials, fences and berms which are located within a duly recorded utility easement and/or a pedestrian easement shall not count toward meeting a landscaping requirement. However, the width of such areas may be counted as part of a landscaping requirement.
K.
Calculating landscaping and bufferyard requirements. In calculating the number of required landscaping points under the provisions of this section, all areas and distances on which required calculations are based shall be rounded up to the nearest whole number of square feet or linear feet. Any partial plant derived from the required calculations of this subsection shall be rounded up to the nearest whole plant.
L.
Depiction on required site plan. Any and all proposed landscaping on the subject property, required to meet the standards of this section, shall be clearly depicted and labeled as to its location and makeup on the site plan required for the development of the subject property.