Sherwood Village City Zoning Code
ARTICLE IX
Buffers and Landscaping
§ 22-55 Parking lots and garages.
A.
Parking lot screening. Every parking lot shall be buffered and screened by a perimeter landscaped open space having a width of at least 10 feet or the width of the required yard, whichever is less.
B.
Parking lot interior landscaping. In addition to the requirements set forth in Subsection A above, every parking lot shall contain at least one tree of three inches or greater in diameter for each 30 parking spaces constructed after the effective date of this chapter. Such trees may be provided by the preservation of existing trees or the planting of new trees. Each tree shall be surrounded by a landscaped area of at least 36 square feet. No existing or new tree located more than five feet outside the perimeter of the paved parking area shall be counted in meeting the requirements of this subsection. All islands in excess of 50 square feet created by curbs or other traffic flow regulators shall be landscaped. Planting islands located within the interior of a parking lot shall be at least six feet in width.
C.
Parking garage design. Every parking garage constructed after the effective day of this chapter, other than garages accessory to single- and two-family dwellings, shall comply with the following design standards:
(1)
The exterior walls of the garage shall be such as to shield all parked vehicles from view from the exterior of the garage; and
(2)
The exterior surface of the garage shall be constructed of the same materials as, or materials architecturally and aesthetically compatible with, the principal building to which it is accessory.
§ 22-56 Loading spaces.
Every loading space visible from any lot zoned for residential use, whether or not such residential use is within the Village, shall be screened on all sides visible from any such lot by an opaque fence, wall, or densely planted evergreen hedge of not less than six feet in height, except as necessary for access.
§ 22-57 Refuse containers; outdoor storage.
A.
Screening. All refuse containers and all area of permitted outdoor storage shall be fully enclosed by an opaque fence, wall or densely planted evergreen hedge of a height sufficient to completely screen such containers or storage area from view from adjoining properties and public or private streets.
B.
Location. No refuse containers or storage areas shall be located between any principal structure and either its front or corner side lot line.
C.
Sanitation. All refuse containers and areas of permitted outdoor storage shall be kept in a clean and neat condition, and no containers or materials shall be maintained or stored in any manner that creates or emits noxious fumes, odors, or other emissions.
D.
Exemptions. The requirements of the preceding Subsection A shall not apply to standard receptacles permitted for use by single-family dwellings nor to receptacles accessory to schools. None of the requirements of this section shall apply to receptacles placed and maintained for use by the general public to avoid littering.
§ 22-58 Storage of Class II vehicles in residential districts.
All Class II vehicles stored in parking areas in residential districts shall be screened on all sides visible from any neighboring public or private property by an opaque fence, wall, or densely planted hedge of at least six feet in height, except as necessary for access. See § 22-18 of this chapter for additional requirements applicable to such vehicles.
§ 22-59 Residential recreational facilities.
[Amended 8-10-2015 by Ord. No. 2015-123]
Outdoor residential recreational facilities accessory to any dwelling located in any single-family residential district or business district shall be buffered and screened by a perimeter landscaped open space equal in width to the applicable required yard or 10 feet, whichever is less, and consisting of an opaque fence, wall, or densely planted evergreen hedge of not less than six feet in height in combination with other landscaping materials. Such screening shall be provided on all sides of such facility visible from any adjoining property or any public or private street. See § 22-16 of this chapter for additional requirements applicable to such facilities.
§ 22-60 Antennas and antenna support structures.
Ground-mounted antennas and antenna support structures, except such antennas and antenna support structures as are permitted pursuant to § 22-20 of this chapter, shall be buffered and screened by a perimeter landscaped open space equal in width to the applicable required yard or 10 feet, whichever is more, and consisting of a densely planted evergreen hedge of not less than six feet in height, in combination with other landscaping materials. Such screening shall be provided between any such ground-mounted antenna or antenna support structure and each lot line of the property on which such antenna or antenna support structure is located so as to provide the maximum reasonably achievable screening, as determined by the Zoning Administrator, of such antenna and antenna support structure from view from adjacent properties and public or private streets. See §§ 22-19 and 22-20 of this chapter for additional requirements applicable to antennas and antenna support structures.
§ 22-61 Rooftop mechanical equipment.
Except for antennas mounted on roofs pursuant to the provisions of this chapter, all mechanical equipment located on the roof of any building constructed after the effective date of this chapter shall be fully screened by a parapet wall or other screening structure constructed of the same materials as, or materials architecturally and aesthetically compatible with, the principal building facade to the height of such equipment.
§ 22-62 Nondwelling uses abutting residential use.
Notwithstanding any other provision of this article, in any case where a lot to be devoted to any use other than use as a dwelling abuts or is across a right-of-way from any lot zoned for residential use within the Village, the use and development of the lot to be devoted to the nondwelling use shall be subject to the following requirements:
A.
Building setback. All buildings more than 15 feet in height shall be set back from any front or corner side lot line facing a residential district a distance equal to the setback normally required or to the front yard required in the adjacent residential district, whichever is greater, and, from any other yard line, a distance equal to the yard normally required or 25 feet, whichever is greater.
B.
Landscaping and screening. Any front or corner side yard or setback required pursuant to the preceding Subsection A shall be treated as a perimeter landscaped open space. Any side or rear lot line abutting a dwelling use or a residential district shall be buffered by a perimeter landscaped open space of at least five feet in width along such lot line, which shall be sufficient to provide a screen at least six feet in height along the entire length of such line.
§ 22-63 Outdoor activity areas.
Any area of permitted outdoor activity likely to produce visual or auditory disturbance or annoyance on any abutting residential lot shall be separated from said lot by a perimeter landscaped open space at least 20 feet wide or by a buffer found by the Zoning Administrator to be reasonably sufficient to create a visual barrier to absorb and diffuse noise and to ensure the private enjoyment of said lot. (See also regulations for swimming pools in § 22-67.) The provisions of this section shall not apply to any use or structure established prior to the effective date of this chapter.
§ 22-64 Screening and landscaping within sight triangles.
See § 22-93F.
§ 22-65 General landscaping and maintenance requirements.
Except for accessory uses expressly permitted to be located in required yards, all yards and open space between and about structures and off-street parking and loading areas and lots shall be landscaped and kept free of accumulations of garbage, trash, refuse, and debris. Undeveloped areas shall be mowed and kept free of debris.
§ 22-66 Fences and walls.
A.
Purposes. The purposes of the following regulations governing fences and walls are to prevent ground slippage, to screen unsightly views, to provide suitable access, confinement, personal safety, security and usable lot areas, to protect property and to preserve light, air and open space.
B.
Zoning permit required. No fence or wall, except as provided for in Subsection C following, shall hereinafter be located, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit and without being in conformity with all the structural requirements of local and state building codes; provided, however, that routine fence and wall maintenance and repair of parts thereof shall not, standing alone, be considered an alteration of the fence or wall requiring a zoning permit.
C.
Fences permitted without a permit. The following fences are permitted as specified without a zoning permit and subject to the following restrictions and provided that said fence does not in any way interfere with traffic visibility:[1]
(1)
Snow fence. A snow fence shall be permitted in all districts when comprised of wooden pickets bound together by wire and not exceeding four feet in height and removed between May 1 and November 1 of each year.
(2)
Structures less than six inches in height. Structures not classified as buildings and less than six inches in height from the approved surface of the ground shall not be subject to the setback, side yard, rear yard or building size or open space requirements of this chapter except as may be specifically otherwise provided, such as swimming pools in § 22-67.
(3)
Decorative fences. Decorative fences not exceeding two feet in height shall be permitted in all districts.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
D.
Use. A fence or wall is a permitted use in all districts except commercial districts where a conditional use permit is required.
E.
Location. A fence or wall may be located anywhere on a lot, except within one foot of the front lot line and within four inches of a side or rear lot line, provided that such fence or wall meets the height, construction and other requirements of this section.
F.
Construction.
(1)
Front and corner lot side yards. It shall be unlawful to construct a fence or wall in the front yard or within any side yard of a corner lot unless it is constructed in such a manner that the solid material represents no more than 60% of the total surface area of the fence or wall.
(2)
Rear and interior side yards. The solid material in any fence or wall located in a rear yard or interior lot side yard may represent 100% of the total surface area of such fence or wall.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(3)
Poles and supports. No fence shall be erected unless the poles and supports for the fence are placed on the interior side of the fence.
(4)
Hazardous materials. It shall be unlawful to construct or maintain any fence or wall carrying an electrical charge or consisting in whole or in part of barbed wire, embedded glass, spikes or blades or similar materials designed to cause shock or personal injury, except that barbed wire may be permitted in the Industrial District, provided that such barbed wire shall be at least six feet above ground level and extend inward of property.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
G.
Height limitations. Except where a greater height is expressly authorized for screening purposes pursuant to this article, all fences and walls erected as a permitted obstruction in any required yard shall be subject to the following height limitations:
(1)
Residential districts (R-1A, R-1B, R-1, R-2, R-3, R-4, IR-2 and R-6) and the Office District (C-4) and conditional uses in such districts, maximum height:[4]
(a)
Front and corner side yards: four feet.
(b)
All other yards: six feet.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(2)
All other districts, maximum height:
(a)
Front and corner side yards: four feet.
(b)
All other yards: eight feet, except at boundaries of districts in Subsection G(1), where the maximum height shall be six feet.
H.
Maintenance. All fences and walls shall be maintained in structurally sound and durable condition free of holes or missing or broken portions.
§ 22-67 Swimming pools.
A.
Compliance. A zoning permit shall first be required before any swimming pool, both residential and nonresidential, is installed, enlarged, or altered.
B.
Permit application. All drawings and plans for the construction, installation, enlargement or alteration of any such swimming pool and the accessories thereto shall first be presented to the Zoning Administrator for examination and approval as to proper location and construction. The plans shall be drawn to scale and shall indicate thereon all distances and dimensions so as to accurately show all lot lines, and all information pertaining to the location of the pool, walk, deck, fence construction, water supply system, drainage and water disposal systems, and all accessories pertaining to the swimming pool. Such plans shall also indicate the vertical elevations of the pool.
C.
Location. No portion of a swimming pool outside a building, including a surrounding deck and fence, shall be located in a street setback yard nor in a required side or rear yard but in no case less than eight feet from any side or rear property line or building line. Such pool shall also comply with all applicable Wisconsin Statutes and the applicable requirements of the Wisconsin Administrative Code and with any local regulations with respect to the distances from an on-site sewage disposal absorption system. Pumps, filters and pool water disinfection equipment installations and all other accessories shall be located at a distance not less than eight feet from any side property line.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
D.
Maximum pool size. No pool, together with its deck area, shall occupy more than 40% of the usable area of the rear yard, excluding all garages or other accessory structures located in such area.
E.
Safety features.
(1)
No in-ground swimming pool shall be installed or maintained unless:
(a)
There shall be erected and maintained a sound and secure fence not less than four feet in height completely surrounding the pool or surrounding the yard in which the pool is located. In lieu of a fence, the Zoning Administrator may, on a case-by-case basis, approve other measures designed to prevent unauthorized access to the pool.
(b)
Every gate or other opening in the fence enclosing such pool, except an opening to the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool. All such gates shall be equipped with self-closing and self-latching devices placed at the top of the gate.
(2)
Aboveground pools shall be exempt from these requirements.
F.
Control of pool lighting. No lighting may be installed in connection with the pool which shall throw any direct rays beyond the property lines.
G.
Water drainage. No water drained from a pool shall be discharged over or near any septic tank, septic field, or well, nor into neighboring property, except to the approved drainage system for the area.