Shorewood City Zoning Code
ARTICLE IV
Zoning Districts
§ 535-17 Establishment; boundaries; annexations.
A.
Districts. For the purpose of this chapter, the Village of Shorewood is hereby divided into the following zoning districts:
R-1 | Lake Drive Residence District No. 1 |
R-2 | Lake Drive Residence District No. 2 |
R-3 | Lake Drive Residence District No. 3 |
R-4 | Lake Drive Residence District No. 4 |
R-5 | Single-Household Residence District No. 1 |
R-6 | One- and Two-Household Residence District No. 1 |
R-7 | Townhouse Residence District |
R-8 | Estabrook Homes Residential District |
R-9 | Apartment House District No. 1 |
R-10 | Apartment House District No. 2 |
P-1 | Civic and Institutional District |
P-3 | Park Preservation District |
PDD | Planned Development District Overlay |
MX1 | Mixed-Use Storefront 1 |
MX2 | Mixed-Use Storefront 2 |
CX | Commercial Storefront Mix |
GX1 | General Residential-Office Mix 1 |
GX2 | General Residential-Office Mix 2 |
GX3 | General Residential-Office Mix 3 |
RX | Residential Mix |
B.
Boundaries. Boundaries of these districts are hereby established as shown on a map titled "Zoning Map, Village of Shorewood, Wisconsin," which accompanies and is a part of this chapter. Such boundaries shall be construed to follow corporate limits, United States Public Land Survey lines, lot or property lines, and center lines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended, unless otherwise noted on the Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Annexations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the Park Preservation District, unless the annexation ordinance temporarily places the land in another district. Within one year, the Plan Commission shall evaluate and recommend a permanent district classification to the Village Board.
§ 535-18 Zoning Map.
A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Village President and Village Clerk and shall be available to the public in an administrative office of the Village to be designated by the Planning and Zoning Administrator.[1] Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.
[1]
Editor’s Note: Section 8 of Ord. No. 3053 amended the Zoning Map of the Village of Shorewood to reflect the rezoning of property. Said rezoning is detailed in the maps titled “Commercial and Mixed-Use Districts” and “Legacy PDD Proposed Base Zones,” dated approved and certified by the Village President and Village Clerk 2-6-2023. Said maps are on file in the Village offices.
§ 535-19 Residence districts.
Zones R-1 through R-10 serve the fully developed residential districts within the Village. Their primary intent is to maintain the particular character of each residential area, mainly with respect to building bulk, setback, and land coverage. As needed, additional measures are stated where topography restricts land usage.
A.
R-1 Lake Drive Residence District No. 1.
(5)
Lot coverage, maximum: 30% of the lot for the principal building plus up to 10% for accessory structures.
(6)
Additional requirements.
(a)
All land between the water's edge of Lake Michigan and elevation of 680 feet mean sea level shall not be included as part of the required land area under § 535-19A(3)(b) of this chapter.
(b)
The rear setback shall be at least such distance as to ensure the stabilization of the bluff area; sufficient distance from the bluff area as to prevent injury or damage to adjacent property; and sufficient distance from the bluff area to provide for the natural runoff of surface and percolating water or to provide for an approved drainage according to applicable law.
(c)
A registered professional engineer hired by the owner of the lot shall certify to the Village that the footings and method of constructing any building or structure and the materials used therein are adequate from an engineering standpoint so as not to adversely disturb the natural runoff of surface and percolating water or create or add to a problem of erosion on the bank of the lake bluff and shall not adversely affect the structural integrity of any structure located on adjoining or adjacent lots.
B.
R-2 Lake Drive Residence District No. 2.
(4)
(5)
Lot coverage, maximum: 30% of the lot for the principal building on an interior lot; 40% of the lot for the principal building on a corner lot; plus up to 10% for accessory structures.
C.
R-3 Lake Drive Residence District No. 3.
(4)
(5)
Lot coverage, maximum: 30% of the lot for the principal building on an interior lot; 40% of the lot for the principal building on a corner lot; plus up to 10% for accessory structures.
D.
R-4 Lake Drive Residence District No. 4.
(4)
Setback:
(5)
Lot coverage, maximum: 30% of the lot for the principal building, plus up to 10% for accessory structures.
(6)
Additional requirements.
(a)
All land between the water's edge of Lake Michigan and an elevation of 680.00 feet mean sea level shall not be included as part of the required land area under § 535-19D(2)(b) of this chapter.
(b)
The rear setback shall be at least such distance as to ensure the stabilization of the bluff area; sufficient distance from the bluff area as to prevent injury or damage to adjacent property; and sufficient distance from the bluff area to provide for the natural runoff of surface and percolating water or provide for an approved drainage according to applicable law.
(c)
A registered professional engineer hired by the owner of the lot shall certify to the Village that the footings and method of constructing any building or structure and the materials used therein are adequate from an engineering standpoint so as not to adversely disturb the natural runoff of surface and percolating water or create or add to a problem of erosion on the bank of the lake bluff and shall not adversely affect the structural integrity of any structure located on adjoining or adjacent lots.
E.
R-5 Single-Household Residence District No. 1.
(4)
(5)
Lot coverage, maximum: 30% of the lot for the principal building on an interior lot; 40% of the lot for the principal building on a corner lot; plus up to 10% for accessory structures.
F.
R-6 One- and Two-Household Residence District No. 1.
(4)
(5)
Lot coverage, maximum: 30% of the lot for the principal building on an interior lot; 40% of the lot for the principal building on a corner lot; plus up to 10% for accessory structures.
(6)
Additional requirements. It shall be unlawful to construct a two-unit residential building on any vacant lot upon which no prior dwelling has been constructed or on a lot previously occupied by a single-unit residential building in this district.
G.
H.
R-8 Estabrook Homes Residential District.
(1)
Principal and accessory uses. In the residential area in this district, no building or premises shall be used and no building or structure shall be erected, altered or maintained which is arranged for, intended or designed to be used except for multiple-dwelling units not to exceed two stories in height, and with a garage or garages constructed in connection with and part of the plan of the multiple housing project, and which shall provide sufficient storage space for not less than one automobile for each family residing in such multiple dwelling or dwellings; such garage or garages shall be constructed underground, shall be of fireproof material and shall be adequately ventilated and lighted.
(2)
Conditional uses. Within this district, a recreational clubhouse may be constructed, erected and maintained upon approval of the Village Plan Commission, subject to the following conditions:
(a)
Written rules and regulations governing the use of the recreational clubhouse shall be posted at all times by the owner, in a conspicuous location, upon or within the recreational clubhouse.
(b)
The use of the recreational clubhouse shall be limited to the residents of this district and their guests.
(c)
A security system subject to the approval of the Village's Planning and Development Department shall be provided which shall be so designed as to prevent a child of tender years (under 10 years of age) from obtaining unsupervised access to the swimming pool area of the recreational clubhouse.
(d)
The conditional use granted hereunder shall be subject to periodic review by the Plan Commission; the initial review shall take place within one year of original approval. Subsequent reviews shall occur at such times thereafter as the Plan Commission shall determine.
(3)
Lot area, minimum: 2,000 square feet per household.
(5)
Setback:
(a)
Front, minimum: 15 feet.
(b)
Rear, minimum: 30 feet between buildings.
(c)
Side yards. There shall be a minimum distance between such multiple-dwelling buildings of not less than 30 feet; provided, however, that a minimum distance between a recreational clubhouse and all other buildings or structures shall be no less than 20 feet.
I.
§ 535-20 Public and semipublic districts.
A.
P-1 Civic and Institutional District. The P-1 District is comprised mainly of long-standing public and semipublic buildings in areas throughout the Village. Beyond municipal buildings and public schools, additional permitted uses include private schools, community and religious assembly, and facilities devoted to public recreational purposes.
B.
P-3 Park Preservation District. The aim of the P-3 District is to preserve this zone for scenic, scientific, historic and recreational uses in this zone and to encourage the preservation of undeveloped areas along the Milwaukee River and Lake Michigan.
§ 535-21 Planned Development District Overlay.
A.
Legacy district status.
(1)
Land classified in a Planned Development District (PDD) zoning district on February 6, 2023, will continue to be classified in the PDD Zoning District, which shall function as an overlay zoning district. Overlay zoning districts overlay the underlying base zoning district classification to alter some or all of zoning regulations that apply to particular sites.
(2)
Applications to establish new PDD zoning districts or to expand the boundaries of existing PDD Zoning Districts will not be accepted after February 6, 2023.
(3)
Except as expressly approved by the Village as part of any plans, agreements, or written conditions of approval of a PDD zoning district established before February 6, 2023, the regulations of the underlying base zoning district shall govern all new development within a PDD overlay district, including physical improvements and the review of new uses and occupancies.
§ 535-22 Commercial and mixed-use zoning districts.
A.
Intent. The regulations of the commercial and mixed-use districts are intended to support development along the business corridors of the Village, based upon the goals and vision established in the Village's Comprehensive Plan. Further, these districts are intended to achieve the following:
(1)
Sense of place. A sense of place defined by human-scaled development consisting of a variety of high-quality buildings and civic spaces with well-designed landscapes and streetscapes.
(2)
Walkable development. Walkable development that is comfortable, safe, and interesting for the pedestrian through the use of human-scaled buildings, streetscape design, and a hierarchy of streets for pedestrians and vehicles.
(3)
Mixed-use. Buildings and development that activate streets and civic spaces during the day and into the evenings through a mix of uses and multistory buildings that define the public space of the street.
(4)
Sustainable. Development that promotes environmental sustainability goals, such as reductions in energy consumption, reductions in greenhouse gas emissions through pedestrian- and bicycle-friendly design, and supporting the natural environment.
B.
Districts.
(1)
Districts established. The Village's commercial and mixed-use districts are listed in Table 535-22-1. When this chapter refers to "commercial and mixed-use districts," it is referring to these districts.
Table 535-22-1 Commercial and Mixed-Use Districts | |
|---|---|
Symbol | District Name |
MX1 | Mixed-Use Storefront 1 |
MX2 | Mixed-Use Storefront 2 |
CX | Commercial Storefront Mix |
GX1 | General Residential-Office Mix 1 |
GX2 | General Residential-Office Mix 2 |
GX3 | General Residential-Office Mix 3 |
RX | Residential Mix |
(2)
District descriptions.
(a)
MX, Mixed-Use Storefront Districts. The MX Districts are intended for the mixed-use corridors, where walkable Storefront Buildings generally include shopping, eating and drinking, and services behind the storefront windows and a mix of uses throughout the building, including residential.
(b)
CX, Commercial Storefront Mix District. The CX District is intended for specific locations where single-use, single-story Commercial Buildings, oriented both to pedestrian and automobile access, may occur alongside a mix of uses within walkable Storefront Buildings.
(c)
GX, General Residential-Office Districts. The GX Districts are intended for locations along corridors and neighborhood edges, where residential, office, and other low-intensity commercial and production uses can mix comfortably in General Buildings and Row Buildings can be used for live-work or residential uses.
(d)
RX, Residential Mix District. The RX District is intended for multiunit residential uses in a mix of General Buildings and Row Buildings located on the edges of neighborhoods.
C.
Other applicable regulations. The following regulations apply to all sites zoned as commercial and mixed-use districts. Any other applicable regulations established by the Village may also apply.
(1)
Building types. Building types regulated in this § 535-22, are allowed in districts per Table 535-22-2. All buildings and site development must comply with one of the building types in this section, unless otherwise expressly stated in these zoning regulations.
(5)
Existing buildings and lots. See Article VII for buildings constructed and lots established prior to the adoption of these regulations that do not conform to these regulations.
D.
Applicable to all building types. The regulations of this subsection apply to all building types, unless otherwise stated.
(1)
Permanent buildings. All buildings must be of permanent construction without a chassis, hitch, or wheels, or other features that would make the structure mobile, unless otherwise expressly stated in this chapter, and except as follows:
(2)
Accessory structure regulations. Except as defined in the building type regulations, accessory structures are subject to the regulations of § 535-26.
(3)
Number of principal buildings. One principal building is allowed per lot, unless otherwise stated in the building type regulations.
(4)
Treatment of yards. All yards must consist of landscape areas, patio/terrace space, or sidewalk space, unless otherwise expressly stated. See § 535-24 for landscape and site design regulations.
(a)
Parking locations. Paved vehicular areas (parking lots, loading areas, drives) are located per the building type regulations. Minimum side and rear setbacks of parking must be landscaped.
(b)
Side yard parking lots. Some districts allow side yard parking lots. Side yard parking lots must not encroach into any street yard or minimum side setback, except as otherwise expressly stated.
(c)
Driveways crossing yards. Paved vehicular areas are limited to specific locations per the applicable district building type regulations. Driveways may cross through yards as follows:
(5)
Refuse and recycling locations. Unless otherwise defined by the building type, all refuse, recycling, and other waste areas must comply with the regulations of this § 535-22D(5). Recycling includes any donation-collection containers for clothing or goods. See § 455-2 for collection service regulations.
(a)
Interior location access doors. Refuse, recycling, and other waste areas may be located inside the building with access doors off the rear or interior side facade.
[1]
Access doors may be located off a non-primary street facade if no other option exists.
[2]
Access doors must be opaque, screening a minimum of 80% of the opening.
[3]
Carts, dumpsters, and containers must be located immediately inside the access doors and stored inside until the process of emptying. Carts, dumpsters, and containers may not be pulled out on the street in advance of the arrival of the hauling truck.
(b)
Rear yard. Refuse, recycling, and other waste areas may be located in the rear yard of the lot, except as otherwise allowed by this § 535-22D(5). See § 535-24I for required screening of refuse, recycling, and other waste areas.
(c)
Interior side and non-primary street yards. When the rear yard is less than five feet in depth and an interior location is not available, refuse, recycling, and other waste areas may be located in the rear portion of an interior side yard or in a non-primary street yard with an approved design adjustment per § 535-31D.
[1]
Access gates must be located off any alley. If no alley exists, the gates must be set back a minimum of 15 feet from any street facade.
[2]
Carts, dumpsters, and containers must be located immediately inside the access doors and stored inside until the process of emptying. Carts, dumpsters, and containers may not be pulled out into a parking lot or onto the street in advance of the arrival of the hauling truck.
(6)
Loading locations. Unless otherwise defined by the building type, all on-site loading areas must be located as follows.
(7)
Primary frontages. Primary frontages generally establish the fronts of lots and buildings and determine where to locate the principal entrance to the building. Per the building type regulations, primary frontages require the highest level of facade treatment and restrict the location of parking, driveways, and garage entrances.
(a)
Designation. Lots may have multiple primary frontages. Primary frontages are generally defined by primary street, waterway frontage, and civic space frontage as follows:
[1]
Primary streets. Defined primary streets include Oakland Avenue, Capitol Drive, and Wilson Drive.
[2]
Neighborhood primary streets. Within neighborhoods, primary streets are those where the majority of buildings along the street have front facades and principal building entrances facing the street.
[3]
Waterfronts. Lots with frontage along the Milwaukee River must treat facades facing the waterway as primary frontages in addition to any primary street frontage.
[4]
Civic or open space frontage. Lots containing or abutting civic spaces or public open spaces and the Oak Leaf Trail must treat frontages abutting that space as primary frontages, unless otherwise approved as a planning adjustment. (See § 535-31E.)
[5]
Non-primary frontage. A non-primary frontage is a street frontage that is not considered a primary frontage.
(b)
One primary street frontage required. All lots must treat at least one street frontage as primary. If no primary street abuts the lot, the street with the most existing frontage(s) must be treated as primary, unless otherwise approved as a planning adjustment. (See § 535-31E.)
(c)
Through-lots with two primary frontages.
[1]
Where a parcel zoned MX, GX, CX, or RX extends from one primary street through the block to another primary street, each street must be treated as a primary frontage, unless otherwise approved as a planning adjustment. (See § 535-31E.)
[2]
Any through-lot facing any R District across a street must incorporate the following:
(d)
Intersecting primary streets. Where two primary streets intersect on the subject lot, the street with the most existing primary frontage treatments may be treated as the sole primary frontage of the lot.
[1]
In the case of the intersection at Capitol Drive and Oakland Avenue, the Oakland Avenue frontage must be treated as the primary frontage, unless a planning adjustment is approved. (See § 535-31E.)
[2]
Where a Storefront Building is located at the intersection of either Capitol Drive or Oakland Avenue with a neighborhood street, Capitol Drive or Oakland Avenue must be treated as the primary frontage.
[3]
Where a building other than a Storefront Building is located at the intersection of either Capitol Drive or Oakland Avenue with a neighborhood street, the development may treat either as the primary frontage.
[4]
Where an existing building is located at the intersection of either Capitol Drive or Oakland Avenue with a neighborhood street and fronts the neighborhood street, the neighborhood street serves as the primary frontage.
(e)
Non-primary frontages. Non-primary frontages allow for a lower level of facade treatment as well as permit locations for garage and parking lot entrances. Non-primary frontages may always be treated at the higher level of a primary frontage.
(8)
Minimum streetscape area.
(a)
Purpose. A minimum area between the street pavement and the lot line is required to ensure adequate pedestrian facilities are provided along all streets, including, at a minimum, sidewalks and street trees. See Figure 535-22-1.
Figure 535-22-1 Minimum Streetscape Area |
|---|
 |
(b)
Build-to zone measurement. Where the area from the back of curb to the lot line along any portion of the frontage is less than 12 feet, the build-to zone must be measured starting from 12 feet off the back of curb/edge of pavement into the lot. The result is the building will be located such that the pedestrian area is at least 12 feet deep. The back-of-curb measurement must be taken along the typical street segment and must not include any bump-outs at street corners. See § 535-22I(4) for measuring build-to zones.
(c)
Streetscape. The extended streetscape area must be treated with streetscape per § 535-24E(3).
(d)
Easement. When the sidewalk is less than five feet in clear width, an easement is required to ensure a full five-foot sidewalk is publicly available.
E.
Storefront Building type.
(1)
Description and intent. The Storefront Building type is intended for use along corridors to accommodate shopping, services, and eating establishments in a mixed-use building. Oriented to the street with narrow or no side setbacks, this building type's street walls help define the public space of the street. Ground story storefront glass, entrances along the sidewalk, and windows in upper stories facing the street make these buildings interesting and inviting to pedestrians. Parking is located internally or in the rear yard.
(2)
Illustrative images. The images shown in Figure 535-22-2 are intended to illustrate the general character of the building type. The buildings and sites in each image may not fulfill all of the building type regulations.
Figure 535-22-2 Examples of Storefront Building Types | |
|---|---|
 |  |
 |  |
(3)
Building regulations. The following tables and illustrations regulate this specific building type. See § 535-22D for general regulations for all building types. See § 535-6 for definitions and § 535-22I for measuring table regulations.
Link | Subsection Title |
|---|---|
Building siting | |
Parking and accessory structures | |
Height | |
Roofs | |
Primary and non-primary facades | |
Supplemental regulations |
(4)
Building siting. See Figure 535-22-3.
Figure 535-22-3 Storefront Building Siting |
 |
Storefront Building Siting | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | MX | CX | Additional/References | |
1 | Lot Width (feet) | 35 | 35 | |
2 | Primary Street Wall (minimum) | 80% | 65% | Through-lots addressed per § 535-22D(7). See § 535-22I(3) for measuring. |
Primary Street Wall Variation | See § 535-22E(9)(a) for courtyard, outdoor plaza requirement on primary street walls over 120 feet wide. | |||
3 | Primary Street Build-To Zone | 0 feet minimum 20 feet maximum | 0 feet minimum 20 feet maximum | Minimum streetscape area required per § 535-22D(8). See § 535-22I(4) for measuring. Through-lots addressed per § 535-22D(7). |
4 | Non-Primary Street Build-To Zone | 0 feet minimum 25 feet maximum | 0 feet minimum 25 feet maximum | |
5 | Side Setback | 0 feet minimum or, if set back at all, minimum 5 feet, except if adjacent to a district other than MX or CX, minimum 5 feet | Buffer required adjacent to R Districts per § 535-22E(9). | |
6 | Rear Setback | Minimum 5 feet at alley; if no alley, minimum 20 feet | ||
(5)
Parking and accessory structures. See Figure 535-22-4.
Figure 535-22-4 Storefront Building Parking Siting |
|---|
 |
Storefront Building Parking Siting | |||||
|---|---|---|---|---|---|
Districts | |||||
Regulation | MX | CX | Additional/References | ||
7 | Parking and Driveway Access Location | Alley; if no alley, 1 access off non-primary street; if no non-primary street or alley, 1 access off primary street | See Article IX for parking. | ||
Size | Maximum width of 22 feet at sidewalk | ||||
8 | Internal Parking Setback | 20 feet minimum from primary facade above any basement | See § 535-23E(9) for garage door design regulations. | ||
Internal Parking Door Location | Rear, side facade; if no alley exists, door may be located on a non-primary street facade with an approved planning adjustment | ||||
9 | Surface Parking Location | Rear yard | Rear yard; limited side yard | See § 535-22I(7) for allowed limited side yard parking layout. See § 535-24 for landscape buffers and parking lot landscaping. | |
Street Setback | No closer to lot line than principal building | ||||
Side and Rear Setback | 0 feet minimum at alley; 3 feet minimum | 0 feet minimum at alley; 3 feet minimum | |||
10 | Accessory Structure Location | See § 535-26 accessory structure regulations | See § 535-26 for additional accessory structure and use regulations. | ||
Street Setback | No closer to lot line than principal building | ||||
Side and Rear Setback | 5 feet minimum | 5 feet minimum | |||
Key Accessory Structures | Key: | ||||
Outbuildings and Garages | ● | ● | ● | = Allowed | |
○ | = Requires a conditional use permit | ||||
Drive-Through Facilities | ○ | ● | |||
Fuel Pumps | — | ● | |||
Outdoor Sales and Display | ● | ● | |||
Parking Structure | ● | ● | |||
(6)
Height. See Figure 535-22-5.
Figure 535-22-5 Storefront Building Height |
 |
Storefront Building Siting | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | MX | CX | Additional/References | |
11 | Height (stories) | 2 minimum In MX1: 4 maximum In MX2: 5 maximum | 2 minimum 5 maximum | See § 535-22E(9) for minimum story facade location. Step-backs required adjacent to R Districts per § 535-22E(9). |
12 | Ground Story Height (feet) | 12 minimum 16 maximum Up to 20 maximum with an approved planning adjustment | Measured floor to floor. See § 535-22I(8) for measuring height. | |
13 | Upper-Story Height | 9 feet minimum 12 feet maximum | 9 feet minimum 12 feet maximum | |
14 | Stepped-Back Top Story | For all buildings over 3 stories and 120 feet in width along the primary street, at least 50% of the top story primary street facade must be stepped back a minimum of 7 feet from the ground story primary facade. | ||
(7)
Roofs. See Figure 535-22-5.
Storefront Building Roofs | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | MX | CX | Additional/References | |
15 | Roof Types | Flat, parapet, pitched | See § 535-23B for roof types and tower regulations. | |
Tower | Allowed | |||
(8)
Primary and non-primary facades. See Figure 535-22-6.
Figure 535-22-6 Storefront Building Facade |
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 |
Storefront Building Facade | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | MX | CX | Additional/References | |
16 | Transparency: Ground Story on Primary Facades | 65% minimum | 70% minimum | See § 535-22I(9) for measuring transparency. Blank wall segments apply. See § 535-23F(4) for bird-safe glass treatments. |
Measured between 2 feet and 10 feet from sidewalk grade | ||||
No bays, sections 15 feet wide, or any rectangular areas greater than 30% of a story's primary facade may be without transparency. | ||||
Ground story transparency must extend a minimum of 30 feet around the corner down any street side facades. | ||||
17 | Transparency: Upper Stories on Primary Facades | 20% minimum | Measured per story, includes any half stories, visible basement, or towers with full height stories. See § 535-22I(9) for measuring transparency. | |
No bays or sections 15 feet wide, or any rectangular areas greater than 30% of a story's facade on a primary facade may be without transparency. | ||||
Transparency: Non-Primary Facades | 20% minimum | |||
18 | Building Entrance Location | 1 per every 60 feet of primary facade | See § 535-22I(10) for measuring building entrance location. | |
19 | Entrance Type | Storefront | See § 535-23C for entrance types. | |
20 | Ground Story Elevation | Within 24 inches of sidewalk elevation | ||
21 | Horizontal Divisions with Shadow Lines | Within 3 feet of the top of the first story | Horizontal shadow lines to run a minimum of 80% of length of facade. See § 535-6C for definition of "shadow lines." | |
22 | Vertical Divisions with Shadow Lines | 1 per every 60 feet of ground story street facade | ||
(9)
Supplemental regulations.
(a)
Primary street wall variation. One of the following must be utilized for every 120-foot-wide section of building street wall:
[1]
Courtyard. One courtyard, minimum 30 feet in width by 30 feet in depth, is required.
[a]
The courtyard may count towards primary street wall when abutting the build-to zone. See definition of "courtyard" in § 535-6C.
[b]
Parking is not allowed in courtyards.
[c]
Courtyard facades must be treated as primary frontage per facade regulations for the building type and any design regulations in § 535-23.
[d]
The courtyard may not be located on the corner of the lot except as approved by a design adjustment per § 535-31D. No more than one corner of an intersection may be occupied by a courtyard.
[e]
The courtyard must include special paving materials and patterns and landscape materials, such as trees in grates or planters and/or landscape beds.
[f]
Temporary or permanent seating is required. Temporary seating must be available or in place between March 15 and November 15.
[2]
Outdoor plaza. The maximum build-to zone must be utilized for a minimum of 35% of the street wall to allow for one or more permanent outdoor seating or dining areas.
[a]
The seating/dining areas must be included in the street-yard landscape per § 535-24E. Special paving materials and patterns, landscape materials, such as trees in grates or planters and/or landscape beds, must be included.
[b]
Temporary or permanent seating is required. Temporary seating must be available or in place between March 15 and November 15.
[c]
At least one other amenity per 120 feet of street wall must be included. Amenities, including such items as a pergola, trellises, catenary or string overhead lighting, a fountain, or artwork, such as a sculpture or mural, must be included. Other amenities may be approved through the design adjustment process. (See § 535-31D.)
(b)
Treatment turning corners. At all intersections of primary and non-primary streets, primary facade regulations must be met along the first 30 feet of facade, measured horizontally along the non-primary street from the corner. See § 535-23F(4) for bird-safe glass treatments at fly-through conditions.
(c)
Minimum story street facades. The street facades of the minimum stories must be located fully in the build-to zone, occupying the same facade plane. For example, with a minimum height of two stories, the street facade of the second story may not be set back from the first story.
F.
Commercial Building type.
(1)
Description and intent. The Commercial Building is a version of the Storefront Building that accommodates both vehicular and pedestrian access comfortably. Vehicular-focused uses, such as fueling stations and businesses with drive-through facilities, are accommodated by this building type.
(2)
Illustrative images. The images shown in Figure 535-22-8 are intended to illustrate the general character of the building type. The buildings and sites in each image may not fulfill all of the building type regulations.
Figure 535-22-8 Examples of Commercial Center Building Type | |
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(3)
Building regulations. The following tables and illustrations regulate this specific building type. See § 535-22D for general regulations for all building types. See § 535-6 for definitions and § 535-22I for measuring table regulations.
Link | Subsection Title |
|---|---|
Building siting | |
Parking and accessory structures | |
Height | |
Roofs | |
Primary and non-primary facades | |
Supplemental regulations |
(4)
Building siting. See Figure 535-22-9.
Figure 535-22-9 Commercial Building Siting |
 |
Commercial Building Siting | |||
|---|---|---|---|
District | |||
Regulation | CX | Additional/References | |
1 | Lot Width | 40 feet minimum | |
2 | Primary Street Wall | 50% minimum | |
3 | Primary Street Build-To Zone | 10 feet minimum 35 feet maximum | Minimum streetscape area required per § 535-22D(8) Outdoor plaza required per § 535-22F(9) |
4 | Non-Primary Street Build-To Zone | 10 feet minimum 20 feet maximum | |
5 | Side Setback | 5 feet minimum | Buffer required adjacent to R Districts per § 535-22F(9) |
6 | Rear Setback | Minimum 5 feet at alley; if no alley, minimum 20 feet | |
7 | Site Coverage | 75% maximum | See § 535-22I(5) for measuring site coverage. |
(5)
Parking and accessory structures. See Figure 535-22-10.
Figure 535-22-10 Commercial Building Parking Siting |
 |
Commercial Building Parking Siting | ||||
|---|---|---|---|---|
District | ||||
Regulation | CX | Additional/References | ||
8 | Parking and Driveway Access Location | 1 access per 120 feet of each street frontage | See Article IX for parking. | |
Size | Maximum width of 22 feet at sidewalk | |||
9 | Internal Parking Setback | 20 feet minimum behind primary facade in rear of building above any basement | See § 535-23E(9) for garage door design regulations. | |
Internal Parking Door Location | Rear, side, non-primary facade | |||
10 | Surface Parking Location | Rear yard, side yard | Minimum primary street wall must be met for side yard parking. See § 535-6C for definition of "yards." See § 535-24 for landscape buffers and parking lot landscaping. | |
Street Setback | No closer to lot line than principal building | |||
Side and Rear Setback | 5 feet minimum | |||
11 | Accessory Structure Location | See § 535-26 accessory structure regulations | See § 535-26 for additional accessory structure and use regulations. | |
Street Setback | No closer to lot line than principal building | |||
Side and Rear Setback | 5 feet minimum; 15 feet minimum adjacent to R District | |||
Key Accessory Structures | Key | |||
Outbuildings and Garages | ● | ● | = Allowed | |
Drive-Through Facilities | ● | ○ | = Requires a conditional use permit | |
Fuel Pumps | ● | |||
Outdoor Sales and Display | ● | |||
Parking Structure | — | |||
(6)
Height. See Figure 535-22-11.
Figure 535-22-11 Commercial Building Height |
 |
Commercial Building Height | |||
|---|---|---|---|
District | |||
Regulation | CX | Additional/References | |
12 | Height | 1 story minimum 1 story maximum | See § 535-22I(8) for measuring height. |
13 | Story Height | 10 feet minimum with pitched roof, 14 feet minimum with flat or parapet roof 18 feet maximum | |
(7)
Roofs. See Figure 535-22-11.
Commercial Building Roofs | |||
|---|---|---|---|
District | |||
Regulation | CX | Additional/References | |
14 | Roof Types | Flat, parapet, pitched | See § 535-23B for roof types and tower regulations. See § 535-23B(5) for pitched roof on single-story building. |
Tower | Allowed | ||
(8)
Primary and non-primary facades. See Figure 535-22-12.
Figure 535-22-12 Commercial Building Facade |
 |
Commercial Building Facade | |||
|---|---|---|---|
District | |||
Regulation | CX | Additional/References | |
15 | Ground Story Transparency on Primary Facades | 55% minimum | Ground story transparency measured between 2 feet and 10 feet from sidewalk grade. See § 535-22I(9) for measuring transparency. Blank wall segments apply. |
No bays, 15-foot-wide sections, or any rectangular areas greater than 30% of a story's primary facade may be without transparency. | |||
Ground story transparency must extend a minimum 30 feet around the corner, down any street side facades. | |||
Transparency: Non-Primary Facades | 15% minimum | Measured per story, includes any towers with full-floor height. See § 535-22I(9) for measuring transparency. | |
16 | Building Entrance Location | 1 per every 60 feet of primary facade | See § 535-22I(10) for measuring building entrance location. |
17 | Entrance Type | Storefront | See § 535-23C for entrance types. |
18 | Ground Story Elevation | Within 24 inches of sidewalk elevation | |
Horizontal Divisions with Shadow Lines | — | See § 535-6C for definition of "shadow lines." | |
19 | Vertical Divisions with Shadow Lines | 1 per every 60 feet of ground story street facade | |
(9)
Supplemental regulations.
(a)
Outdoor plaza. To provide an amenity for pedestrians in this building type that allows more of a vehicular focus, one or more permanent outdoor seating areas, each a minimum of 400 square feet, must be located either within the build-to zone, abutting the build-to zone, or a combination of the two. An alternative location, on-site, may be approved through the design adjustment process, § 535-31D.
[1]
If located in the build-to zone, either fully or partially, the plaza area must be included in the street-yard landscape design per § 535-24E. Special paving materials and patterns, landscape materials, such as trees in grates or planters and/or landscape beds, must be included.
[2]
Temporary or permanent seating is required. Temporary seating must be available or in place between March 15 and November 15.
(b)
Treatment turning corners. At all intersections of primary and non-primary streets, primary facade regulations must be met along the first 30 feet of facade, measured horizontally, on the non-primary street from the corner. See § 535-23F(4) for bird-safe glass treatments at fly-through conditions.
G.
General Building type.
(1)
Description and intent. The General Building is a basic urban building, typically housing multiple residential units, office, laboratory spaces, classrooms, and similar spaces, usually with a central main entrance off a lobby and with windows delineating each story. Parking is located in the rear yard with attached garages entered from the rear of the building. Buildings vary in height depending on the district, with allowed half stories located within a pitched roof or in a visible basement.
(2)
Illustrative images. The images shown in Figure 535-22-13 are intended to illustrate the general character of the building type. The buildings and sites in each image may not fulfill all of the building type regulations.
Figure 535-22-13 Examples of General Building Type | |
|---|---|
 |  |
 |  |
(3)
Building regulations. The following tables and illustrations regulate this specific building type. See § 535-22D for general regulations for all building types. See § 535-6 for definitions and § 535-22I for measuring table regulations.
Link | Subsection Title |
|---|---|
Building siting | |
Parking and accessory structures | |
Height | |
Roofs | |
Primary and non-primary facades | |
Supplemental regulations |
(4)
Building siting. See Figure 535-22-14.
Figure 535-22-14 General Building Siting |
|---|
 |
General Building Siting | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | GX | RX | Additional/References | |
Multiple Principal Buildings | Allowed | Not allowed | Each building must meet the building type regulations with primary street frontage. | |
1 | Lot Width | 35 feet | 35 feet | |
2 | Primary Street Wall | 75% minimum | 75% minimum | Through-lots addressed per § 535-22D(7). See § 535-22I(3) for measuring. |
Primary Street Wall Variation | See § 535-22G(9)(a) for courtyard, outdoor plaza requirement on primary street walls over 120 feet wide. | |||
3 | Primary Street Build-To Zone | 5 feet minimum 25 feet maximum | 10 feet minimum 25 feet maximum | Contextual setbacks apply. See § 535-22I(4). See § 535-22D(8) minimum streetscape area See § 535-24K for river shorelines setbacks along the Milwaukee River. |
4 | Non-Primary Street Build-To Zone | 5 feet minimum 25 feet maximum | 5 feet minimum 25 feet maximum | |
5 | Side Setback | Minimum 10 feet adjacent to R District; otherwise, minimum 5 feet | ||
Between Buildings on a Lot | Minimum 10 feet | — | ||
6 | Rear Setback | Minimum 5 feet at alley; if no alley, minimum 20 feet. | See § 535-22G(9) for treatment adjacent to R Districts. | |
Minimum 5 feet rear setback may be approved through a planning exception when alley access exists along the side lot line. | ||||
7 | Site Coverage | 80% maximum | 70% maximum | See § 535-22I(5) for measuring site coverage. |
(5)
Parking and accessory structures. See Figure 535-22-15.
Figure 535-22-15 General Building Parking Siting |
|---|
 |
General Building Parking Siting | |||||
|---|---|---|---|---|---|
Districts | |||||
Regulation | GX | RX | Additional/References | ||
8 | Parking and Driveway Access Location | Alley; if no alley, 1 access off non-primary street; if no non-primary street or alley, 1 access off primary street | See Article IX for parking. | ||
Size | Maximum width of 22 feet at sidewalk | ||||
9 | Internal Parking Setback | 20 feet minimum from primary facade above any basement | See § 535-23E(9) for garage door design regulations. | ||
Internal Parking Door Location | Rear, interior side facades; if no alley, non-primary facade may be approved with a planning adjustment | ||||
10 | Surface Parking Location | Rear yard | Rear yard | See § 535-24 for landscape buffers and parking lot landscaping. | |
Street Setback | No closer to lot line than principal building | ||||
Side and Rear Setback | 3 feet minimum | 5 feet minimum | |||
Accessory Structure Location | See § 535-26 for accessory structure regulations. | See § 535-26 for additional accessory structure and use regulations. | |||
Street Setback | No closer to lot line than principal building | ||||
Side and Rear Setback | 5 feet minimum | 5 feet minimum | |||
Key Accessory Structures | Key: | ||||
Outbuildings and Garages | ● | ● | ● | = Allowed | |
Drive-Through Facilities | ○ | — | ○ | = Requires a conditional use permit | |
Fuel Pumps | — | — | |||
Outdoor Sales and Display | — | — | |||
Parking Structure | ● | ○ | |||
(6)
Height. See Figure 535-22-18.
Figure 535-22-18 General Building Height and Roofs |
 |
General Building Height | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | GX | RX | Additional/References | |
12 | Height | 2 stories minimum GX1: 4.5 stories maximum GX2: 5.5 stories maximum GX3: 8.5 stories maximum | 2 stories minimum 4.5 stories maximum | See § 535-22G(9) for minimum story facade location. Step-backs required adjacent to R Districts per § 535-22G(9) See § 535-22I(8) for measuring height. |
13 | Ground Story Height | 10 feet minimum GX1 and GX2: 14 feet maximum GX3: 16 feet maximum | 9 feet minimum 12 feet maximum | Measured floor to floor |
14 | All Other Stories Height | 9 feet minimum 12 feet maximum | 9 feet minimum 12 feet maximum | |
15 | Stepped-Back Top Story | All buildings in GX1 and GX2 over 3 stories and 120 feet in width along the primary street: at least 50% of the top story primary street facade must be stepped back a minimum of 7 feet from the ground story primary facade. | ||
(7)
Roofs. See Figure 535-22-18.
General Building Roofs | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | GX | RX | Additional/References | |
16 | Roof Types | Flat, parapet, pitched | Flat, parapet, pitched | See § 535-23B for roof types and tower regulations. |
Tower | Allowed | Allowed | ||
(8)
Primary and non-primary facades. See Figure 535-22-19.
Figure 535-22-19 General Building Facades |
 |
General Building Facades | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | GX | RX | Additional/References | |
Transparency: | ||||
17 | Primary Facades Non-Primary Facades | 20% minimum 18% minimum | 20% minimum 18% minimum | Measured per story, includes any half stories, visible basements, or towers with full floor height. See § 535-22I(9) for measuring transparency. Blank wall segments apply. See § 535-23F(4) for bird-safe glass treatments. |
No bays, 15-foot-wide sections, or any rectangular areas greater than 30% of a story's primary facade may be without transparency. | ||||
18 | Building Entrance Location | 1 per every 120 feet of primary facade | See § 535-22I(10) for measuring building entrance location. | |
19 | Entrance Type | Stoop | Stoop, porch | See § 535-23C for entrance types. See § 535-22I(8) for definition of "visible basement." |
20 | Ground Story Elevation | Between 18 inches and 30 inches above grade or between 30 inches and 5 feet with a visible basement | ||
21 | Horizontal Divisions with Shadow Lines | 1 within 3 feet of the top of any basement, first, or second story | Horizontal shadow lines to run a minimum 80% of length of facade. See § 535-6C for definition of "shadow lines." | |
22 | Vertical Divisions with Shadow Lines | 1 per every 120 feet of street facade | ||
(9)
Supplemental regulations.
(a)
Primary street wall variation. One of the following must be utilized for every 120-foot-wide section of building street wall:
[1]
Courtyard. One courtyard, minimum 30 feet in width by 30 feet in depth, is required.
[a]
The courtyard may count towards the primary street wall when abutting the build-to zone. See definition of "courtyard" in § 535-6C.
[b]
Parking is not allowed in courtyards.
[c]
Courtyard facades must be treated as primary frontage per facade regulations for the building type and any design regulations in § 535-23.
[d]
Courtyard may not be located on the corner of the lot except as approved as a design adjustment. (See § 535-31D.) No more than one corner of an intersection may be occupied by a courtyard.
[e]
The courtyard must include special paving materials and patterns and landscape materials, such as trees in grates or planters and/or landscape beds.
[f]
Temporary or permanent seating is required. Temporary seating must be available or in place between March 15 and November 15.
[2]
Outdoor plaza. The maximum build-to zone must be utilized for a minimum of 35% of the street wall to allow for one or more permanent outdoor seating areas.
[a]
The seating areas must be included in the street-yard landscape design per § 535-24E. Special paving materials and patterns, landscape materials, such as trees in grates or planters and/or landscape beds, must be included.
[b]
Temporary or permanent seating is required. Temporary seating must be available or in place between March 15 and November 15.
[c]
At least one other amenity per 130 feet of street wall must be included. Amenities including such items as a pergola, trellises, catenary or string overhead lighting, a fountain, or artwork, such as a sculpture or mural, must be included. Other amenities may be approved through the design adjustment process. (See § 535-31D.)
(b)
Minimum story street facades. The street facades of the minimum stories must be located fully in the build-to zone, occupying the same facade plane. For example, with a minimum height of two stories, the street facade of the second story may not be set back from the first story.
(c)
Transition at R Districts. Along lot lines abutting an R District, facades above the third story must be stepped back a minimum of 15 feet from the applicable lot line. See Figure 535-22-7.
H.
Row Building type.
(1)
Description and intent. The Row Building is comprised of multiple vertical units with shared side walls. Each unit is typically oriented to the street with an entrance off the public sidewalk and can be solely residential or a live-work unit, as allowed by the district. Parking is located in the rear yard with either detached garages or attached garages entered from the rear of the building.
(2)
Illustrative images. The images shown in Figure 535-22-20 are intended to illustrate the general character of the building type. The buildings and sites in each image may not fulfill all of the building type regulations.
Figure 535-22-20 Examples of Row Building Type | |
|---|---|
 |  |
 |  |
(3)
Building regulations. The following tables and illustrations regulate this specific building type. For the purposes of the Row Building, a building consists of a series of units. See § 535-22D for general regulations for all building types. See § 535-6 for definitions and § 535-22I for measuring table regulations.
Link | Subsection Title |
|---|---|
Building siting | |
Parking and accessory structures | |
Height | |
Roofs | |
Primary and non-primary facades | |
Supplemental regulations |
(4)
Building siting. See Figure 535-22-21.
Figure 535-22-21 Row Building Siting |
 |
Row Building Siting | |||
|---|---|---|---|
Districts | |||
Regulation | GX, RX | Additional/References | |
Configuration | Multiple side-by-side units sharing common side walls | ||
Multiple Principal Buildings | Allowed | See § 535-22H(9) for multiple buildings on a lot. | |
1 | Lot Width | 100 feet minimum | |
2 | Building Width per Street Frontage | 3 units minimum 5 units maximum | See § 535-22H(9) for courtyards. Measured in build-to zone along any street frontage |
3 | Primary Street Build-To Zone | 15 feet minimum 35 feet maximum | See § 535-22D(8), Minimum streetscape area. |
4 | Non-Primary Street Setback | 10 feet minimum | |
5 | Side Setback Space Between Adjacent Buildings | 7.5 feet minimum 15 feet minimum | |
6 | Rear Setback | 5 feet minimum at alley; if no alley, 20 feet minimum | |
7 | Site Coverage | 65% maximum | See § 535-22I(5) for measuring site coverage. |
(5)
Parking and accessory structures. See Figure 535-22-22.
Figure 535-22-22 Row Building Parking Siting |
 |
Row Building Parking Siting | ||||
|---|---|---|---|---|
Districts | ||||
Regulation | GX, RX | Additional/References | ||
8 | Parking and Driveway Access Location | Alley; if no alley, 1 access off non-primary street; if no non-primary street or alley, 1 access off primary street | See Article IX for parking. | |
Size | Maximum 14 feet width at sidewalk | |||
9 | Internal Parking Setback | Minimum 12 feet behind primary facade above any basement | See supplemental regulations in § 535-22H(9) for garage door screening. See § 535-23E(9) for garage door design regulations. | |
Internal Parking Door Location | Rear; not visible from a primary street and screened from non-primary streets | |||
10 | Parking Lot and Accessory Structure Location | Rear yard; see § 535-26 for accessory structure regulations. | See § 535-26 for additional accessory structure and use regulations. | |
Street Side Setback | No closer to lot line than principal building | |||
Side and Rear Setback | 5 feet minimum | |||
Key Accessory Structures | Key: | |||
Outbuildings and Garages | ● | ● | = Allowed | |
Drive-Through Facilities | — | ○ | = Requires a conditional use permit | |
Fuel Pumps | — | |||
Outdoor Sales and Display | — | |||
Parking Structure | ○ | |||
(6)
Height. See Figure 535-22-23.
Figure 535-22-23 Row Building Height |
 |
Row Building Height | |||
|---|---|---|---|
Districts | |||
Regulation | GX, RX | Additional/References | |
11 | Height | 2 stories minimum 3 stories maximum | See supplemental regulations on half stories in § 535-22H(9). See § 535-22I(8) for measuring height. |
12 | Floor-to-Floor Height | 9 feet minimum 11 feet maximum | Measured floor to floor |
13 | Height to Eaves (pitched roof) | 20 feet maximum | Height to eaves is measured from the first floor to the bottom of the horizontal eave. See § 535-22I(8) for measuring height to eaves. |
(7)
Roofs. See Figure 535-22-23.
Row Building Roofs | |||
|---|---|---|---|
Districts | |||
Regulation | GX, RX | Additional/References | |
14 | Roof Types | Pitched, flat, parapet | See § 535-23B for roof types and tower regulations. |
Tower | Not allowed | ||
(8)
Primary and non-primary facades. See Figure 535-22-24.
Figure 535-22-24 Row Building Facades and Roofs |
 |
Row Building Facades | |||
|---|---|---|---|
Districts | |||
Regulation | GX, RX | Additional/References | |
15 | Transparency: | ||
Primary Facades Non-Primary Facades | 20% minimum 15% minimum | Measured per story, including any half stories, visible basement, or towers with full-floor height. See § 535-22I(9) for measuring transparency. Blank wall segments apply. | |
No bays, 10-foot-wide sections, or any rectangular areas greater than 30% of a story's primary facade may be without transparency. | |||
16 | Building Entrances Location | 1 per unit on primary facade except 1 per every 3 units may be located off a courtyard. | See § 535-22H(9) for courtyards |
17 | Entrance Type | Porch or stoop | See § 535-23C for entrance types. |
18 | Ground Story Elevation Above Grade | Between 18 inches and 30 inches above grade or between 30 inches and 5 feet with a visible basement | |
19 | Horizontal Divisions with Shadow Lines | 1 within 3 feet of the top of any basement, first, or second story | See § 535-6C for definition of "shadow lines." |
20 | Vertical Divisions with Shadow Lines | 1 for every 60 feet of facade on the ground story | |
(9)
Supplemental regulations.
(a)
Multiple buildings on a lot. Multiple buildings may be located on a lot with the following regulations:
[1]
The minimum space between buildings is met.
[2]
Each building must fulfill all of the requirements of the building type unless otherwise expressly stated.
[3]
Each building must be located in the build-to zone, contributing to the primary street wall requirements, except one of every two units may front a courtyard. See Figure 535-22-25.
[a] 
Figure 535-22-25
Multiple Row Buildings on a Lot
The courtyard counts as the primary street wall as long as three sides are enclosed at the minimum primary street wall percentage.
[b]
Parking is not allowed in the courtyard.
[c]
Primary facade requirements apply to courtyard facades.
[d]
If a unit is located on the corner of the courtyard and the street, the entrance must be located on the street.
[e]
All entrances must connect to the primary street sidewalk via a minimum four-foot-wide sidewalk.
(b)
Garage door visibility. Garage doors must be screened from any street by building or by a masonry wing wall off the building. The wing wall must be faced in an allowed major material used on the adjacent building facade.
(c)
Half stories. Half stories are stories either located fully within the roof type or in a visible basement.
[1]
Roof. Where occupied building space is allowed within the roof type (See § 535-23B.), any space within the roof and within the floor-to-floor height counts as a half story towards the overall allowable height.
[a]
The occupiable footprint of half stories in the roof is limited to no more than 65% of the footprint of story below.
[b]
Dormers or gabled ends of roofs on half stories are limited to no more than 50% of the facade length of the story below, and must be set back from any street facade a minimum of nine feet.
[2]
Visible basement. See Figure 535-22-31 for diagram and explanation of a visible basement and § 535-6C for definitions of basements and visible basements.
[3]
Two half stories. If a building has both a half story within the roof and a half story that is a visible basement, the combined height of the two half stories is considered one full story in terms of measuring overall height.
I.
Measuring building type regulations.
(1)
Fractions and rounding generally. When calculations required under this chapter result in fractions, any fractional result of less than one-half of the unit of the regulation is rounded down to the whole number and any fractional result of one-half or more of the regulation unit is rounded up to the whole number. For example, if the maximum regulation is two feet, a measurement of 1.5 feet (or one foot six inches) is rounded up to two feet and a measurement of 1.25 feet (or one foot three inches) is rounded down to one foot. If the maximum regulation is in inches, fractions are rounded to the nearest inch.
(2)
Generally parallel and perpendicular. "Generally parallel," when stated related to lot lines or building facades, means less than 45° off the lot line or facade. "Generally perpendicular," when stated related to lot lines or building facades, means more than 45° off the lot line or facade in any direction.
(3)
Primary street wall. The following applies to the required primary street wall per the building type regulations in this § 535-22.
(a)
Measurement: minimum percentage of street wall. The minimum percentage of the primary street wall must be equal to or greater than the width of the principal structures, as measured within the primary build-to zone, divided by the length of the lot line parallel to the primary street, minus the minimum side setbacks. See Figure 535-22-26.
Figure 535-22-26 Measuring Primary Street Wall |
 |
(b)
Height. The street wall or building facade being measured must meet the minimum height required for the building type. See § 535-22I(8)(b).
(c)
Courtyard and other allowances. Courtyards and other allowances may be listed in the supplemental regulations for the building type as required or allowed. The length of the courtyard opening or expanded build-to zone may be counted towards the primary street wall.
(4)
Setbacks and build-to zones. The following applies to required setbacks and build-to zones per the building type regulations in this § 535-22.
(a)
Measurement: buildings. Required setbacks and build-to zones are measured from the applicable lot line, right-of-way line, or specific location referred to in the applicable regulation, to the exterior building walls generally parallel to the subject line.
[1]
Street (primary and non-primary) build-to zones and setbacks are measured from the actual right-of-way line of the street to the nearest exterior building wall. (Alleys are not considered streets and typically abut side or rear lot lines.)
[2]
Side or interior side setbacks are measured from the nearest side lot line that does not abut a street.
[3]
Rear setbacks are measured from the rear lot line.
[4]
On corner lots, the required primary or non-primary setback must be provided for each street frontage, depending on whether the abutting street is a primary or non-primary street. The lot line opposite of the primary street is the rear lot line, requiring a rear setback. The lot line generally perpendicular to the primary street is the side lot line, requiring a side setback.
[5]
On through-lots, the required primary or non-primary setback must be provided for each street frontage, depending on whether the abutting street is a primary or non-primary street. (See 535-6C for definitions.) Generally applicable regulations apply per § 535-22D(7) and supplemental building regulations for the building type may have additional requirements.
(b) 
Figure 535-22-27
Build-to Zones
Minimum required streetscape area. See § 535-22D(8) for regulations requiring a minimum streetscape area. Where the minimum area does not exist, the build-to zone is measured from the edge of the expanded streetscape area into the lot.
(c)
Exceptions to build-to zones. Upper story recessed balcony facades are not required to be located within the build-to zone.
(d)
Contextual setbacks. The contextual build-to zone or minimum and maximum setbacks are determined by calculating the mean yard depth that exists on the nearest two lots on either side of the subject lot.
[1]
If one or more of the lots required to be included in the prevailing setback calculation are vacant, the vacant lot will be deemed to have a street yard depth equal to the minimum street setback requirement of the subject zoning district.
[2]
Lots with frontage on a different street than the subject lot or that are separated from the subject lot by a street or alley are not used in computing the contextual setback.
[3]
When the subject lot is a corner lot, the mean street yard depth will be computed on the basis of the nearest two lots with frontage on the same street as the subject lot.
[4]
When the subject lot abuts a corner lot with frontage on the same street, the mean yard depth will be computed on the basis of the abutting corner lot and the nearest two lots with frontage on the same street as the subject lot.
(e)
Allowed encroachments. Allowed encroachments into setbacks or beyond build-to zones are defined in § 535-10.
(f)
Setbacks on irregular lots. Setbacks are measured from lot lines towards the center of the lot as follows:
(g)
Measurement: elements other than buildings. Minimum setbacks that apply to elements other than buildings (e.g., parking areas, fences, storage areas) are measured from the lot line, right-of-way line, or specific location referred to in the applicable regulations, to the nearest point of the feature.
(5)
Site coverage. Site coverage is measured as the percentage of a lot covered by impervious surfaces. See Figure 535-22-29.
Figure 535-22-29 Site Coverage |
 |
(a)
Impervious surfaces. Any land or portion of a site covered by constructed features that prevent the direct percolation of surface water into the underlying earth. Examples include buildings, paved parking and roadways, masonry walls and terraces, swimming pools, sidewalks, hard surface playing courts, and paved driveways.
(b)
Semipervious materials. Semipervious materials, such as semipervious pavers, semipervious asphalt, and semipervious concrete, count towards the site coverage at a lower rate. The area of the semipervious materials is added into the overall site coverage at 75% of the actual area. For example, if the area of semipervious materials measures 1,600 square feet, 1,200 square feet (75% of 1,600) contributes to the lot's maximum site coverage.
(c)
Green roofs. Green, or vegetated, roofs count towards the site coverage, calculated at 75% of the area of the green roof. For example, if the surface of the green roof measures 13,000 square feet, then 9,750 square feet (75% of 1,600) contributes to the lot's maximum site coverage.
(6)
Internal parking and door location.
(a)
Internal parking setback measurement. Internal parking setbacks are defined in the building type regulations.
(b)
Dimensional setback. When the building type regulation includes a dimensional setback for internal parking, the setback is measured from the primary facade of the building, located generally parallel to and facing the primary lot line. The setback is intended to promote the use of the area directly behind the primary facade of any building for people and not the parking of vehicles.
(c)
Setback use. The use of the space of the building within the setback must be occupied space. See § 535-6A for definition of "occupied building space."
(d)
Internal parking door location. Any garage door must be located on one of the designated facades of the building.
(7)
Limited side yard parking. Where allowed, limited side yard parking is located in the interior side yard and must be configured as one double- or single-loaded aisle of parking with the center line of the aisle located perpendicular to the street.
(8)
Building height. See Figure 535-22-28. Building height is measured as the total of all components related to height in the building type regulations, including ground story elevation, minimum and maximum stories with allowed floor-to-floor height ranges, and roof types.
Figure 535-22-28 Measuring Building Height |
 |
(a)
Ground story elevation. The ground story elevation, located in the facade regulations for each building type is measured from the grade of the public sidewalk along any street lot lines. A range is allowed per building type. See § 535-22I(8)(g) for basements and visible basements ranges above grade.
(b)
Minimum height in stories. Each building type requires a minimum number of stories. The building must meet the minimum number of stories required along all primary street facades and for a depth of at least 30 feet into the building. All building facades located within the build-to zone must meet the required minimum building height.
(c)
Maximum height in stories. The maximum number of stories applies to the entire building. The maximum number of stories may not be exceeded due to sloped sites. Heights must step with the grade in order to not exceed the maximum allowable height. See Figure 535-22-30.
Figure 535-22-30 Measuring Height Along a Sloped Street |
 |
(d)
Roof type. Roof types per § 535-23B allowed by building type regulations add additional height to the building.
(e)
Towers. When expressly allowed in the building type tables, towers may exceed the overall maximum height of the subject building type. [See § 535-23B(6).]
(f)
Height to eaves. Eave height is measured from the floor elevation of the first floor to the horizontal eave of a pitched roof.
(g)
Half stories. Half stories are stories either located fully within the roof type or in a visible basement.
[1]
Roof. Where occupied building space is allowed within the roof type (See § 535-23B.), any space within the roof and within the floor-to-floor height counts as a half story towards the overall allowable height.
[a]
The occupiable footprint of half stories in the roof is limited to no more than 65% of the footprint of story below.
[b]
Dormers or gabled ends of roofs on half stories are limited to no more than 50% of the facade length of the story below, and must be set back from any street facade a minimum of nine feet.
[2]
Visible basement. See Figure 535-22-31 for diagram and explanation of a visible basement and § 535-6C for definitions of basements and visible basements.
Figure 535-22-31 Basements and Visible Basements |
 |
[3]
Two half stories. If a building has both a half story within the roof and a half story that is a visible basement, the combined height of the two half stories is considered one full story in terms of measuring overall height.
(h)
Basements. See Figure 535-22-31 for illustration of basements and § 535-6C for definitions of basements and visible basements.
[1]
A basement that is not a visible basement does not count towards the minimum or maximum height of a building.
[2]
Any building may have a basement, unless expressly prohibited in this chapter.
[3]
A basement may contain any use allowed within the building, including those allowed only in upper stories.
(i)
Story height. Each story is measured with a range of permitted floor-to-floor heights. See Figure 535-22-28.
[1]
Measurement. All story heights are measured in feet between the floor of a story to the floor of the story above it. Minimum and maximum floor-to-floor heights are required along a minimum of 80% of each facade's horizontal length for each story.
[2]
Ground story. When noted as a separate story height, the ground story height must extend from the primary street facade into the building a minimum of 30 feet. The remainder of the ground story may meet either the primary frontage ground story heights or the height range permitted for all stories.
[3]
Single-story buildings and top story measurement. For single-story buildings and the uppermost story of a multistory building, the floor-to-floor height is measured from the floor of the story to the ceiling, unless a specific height is provided for a single-story building.
[4]
Mezzanines. Mezzanines may be included within the allowed floor-to-floor height of any story per the building types, provided that the following:
[a]
Mezzanines extending above the story's allowable floor-to-floor height must count as a full story in addition to the story below.
[b]
Mezzanines occupying more than 30% of the floor area below must count as a full story in addition to the story below.
[c]
Where the mezzanine story is located adjacent to a street facade, the street facade transparency requirements of the subject building type must be applied to both the mezzanine floor and the story the mezzanine overlooks.
[5]
Taller spaces. Spaces exceeding the allowable floor-to-floor heights of the building type are permitted for a maximum of 20% the length of street facades.
(9)
Transparency. Governed by the building type regulations, the transparency of a facade is measured for each story separately using two regulations: 1) an overall minimum transparency percentage per story, and 2) where applicable per building type, maximum blank wall segments [per § 535-22I(9)(c), below].
(a)
Definition of "transparency." For the purposes of this chapter, transparency is the measurement of the percentage of a facade that contains highly transparent, low-reflectance glass.
[1]
Storefront. When transparency is required separately for primary street ground story facades, glass must have a minimum of 60% transmittance factor and a reflectance factor of not greater than 0.25.
[2]
All other windows. Transparency for all window, door glass, and other storefront glass must have a minimum of 50% transmittance factor and a reflectance factor of not greater than 0.25.
[3]
False windows. The use of false or faux windows, where the window is visible from the exterior with no opening from the interior, to meet the transparency requirement is not allowed.
(b)
Measurement. Minimum facade transparency is measured from floor to floor of each story separately, except for required minimum ground story transparency as defined below. See the building type regulations for required transparency by building type.
Figure 535-22-32 Measuring Transparency Floor-to-Floor |
 |
(c)
Blank wall segments. Where applicable per the building type regulations, blank wall segments on all facades must meet the following:
[1]
No rectangular areas greater than 30% of a story's facade, as measured floor to floor, may be blank wall, without transparency. See Figure 535-22-33.
Figure 535-22-33 Blank Wall Segments (1) |
|---|
 |
[2]
No horizontal segments of a story's facade greater than 15 feet in width may be blank wall, without transparency. See Figure 535-22-34.
Figure 535-22-34 Blank Wall Segments (2) |
|---|
 |
(d)
Minimum ground story transparency. When a separate minimum ground story transparency is required per the building types requirements, the ground story transparency is measured between two feet and 10 feet from the average grade at the base of the facade.
(e)
Mezzanines. Mezzanines treated as a separate story per § 535-22I(8) must include upper-story transparency required per building type.
(f)
Tall stories. Stories that are 18 feet or taller in height must include additional transparency consistent with the following standards. See Figure 535-22-35.
Figure 535-22-35 Measuring Transparency on Taller Stories |
 |
[1]
Separate ground story transparency required. When a separate minimum ground story, storefront-level transparency is required per the building type regulations, the facade design must fulfill that requirement as regulated between two and 10 feet. Above 10 feet and up to the top of the tall ground story, the facade must meet the minimum transparency for an upper story per the building type regulations.
[2]
No separate ground story transparency required. Where no separate ground story transparency is required per building type, a tall story is treated as two separate stories, divided in half horizontally, with the minimum transparency applied to each half.
(g)
Half stories and visible basements. All half-story facades located within the roof structure and within visible basements must meet the minimum required transparency. Openings without windows or doors are not allowed on visible basements on primary street facades.
(10)
Building entrances. Entrances must be provided consistent with the entrance location and number requirements established for the subject building type and consistent with Figure 535-22-36.
Figure 535-22-36 Entrances |
 |
§ 535-23 Building design.
A.
General regulations.
(1)
Applicability. The regulations of this § 535-23 apply to all buildings in all commercial and mixed-use districts, unless otherwise stated.
(2)
Intent. The regulations of this § 535-23, along with the building type regulations in § 535-22, are intended to improve the physical quality of buildings, improve the long-term value and durability of buildings, enhance the pedestrian experience, and protect the historic form and scale of the Village.
(a)
Durable, high -quality. Ensure the use of well-tested, high-quality, durable, weather-resistant, exterior-grade materials on the majority of finished building surfaces, while permitting a wider range of materials for details. High-quality materials can improve how well buildings weather, reduce material failure rate, require lower maintenance, have a longer life cycle and sense of permanence, and maintain longer-term value.
(b)
Clearly articulated, human-scaled facades. Promote clearly articulated, well-organized facades that are easy to understand, have a clear hierarchy, and yield building proportions and details comfortable to and in line with the scale of people.
B.
Roof types.
(1)
Regulations applicable to all roof types.
(a)
The major components of any roof shall meet the requirements of one or a combination of the roof types allowed on a building per the building type regulations in § 535-22.
(b)
See § 535-6C for definitions of "occupied building space," "shadow lines," and "half stories," often referred to within the roof types.
(c)
Roofs for bay or bow windows and dormers are not required to meet a roof type.
(d)
Terraces, green roofs, rooftop gardens, and other outdoor facilities are allowed on any roof and are not considered a roof type, except as follows:
[1]
Any permanently covered, open-air area applies to the overall height as regulated by the building type regulations (§ 535-22), or may be treated as a tower on the building per § 535-23B(6).
[2]
Any fully enclosed structure on a roof must meet the tower regulations per § 535-23B(6).
[3]
Terraces and other outdoor facilities for people may not be located within 15 feet of an adjacent lot line of an R District.
[4]
Commercial activities may not occur on any rooftop that abuts an R District.
(e)
Roofs, including all eaves or overhangs, must be fully located within the property lines of the lot, but may encroach into yards per § 535-22I(4). See § 535-22 for setback regulations.
(2)
Other roof types. Other roof designs not defined in this section may be approved through the design adjustment process (See § 535-31D.) with the following requirements:
(a)
Occupied building space. The roof type must not create additional occupiable floor space beyond that permitted by the building type. See § 535-6A for definition of "occupied building space."
(c)
Warrant. The building should warrant a separate status from the majority of buildings in the district, with a correspondence between the form of the roof and the building use or location. For example, a dome for planetarium or a unique, singular roof for a more distinctive museum or cultural facility.
(3)
Parapet roof type. A parapet is a low wall projecting above a building's roof along the perimeter of the building on all street facades and other primary facades. See Figure 535-23-1 for an example of a parapet roof type.
Figure 535-23-1 Example of a Parapet Roof Type |
 |
(a)
Parapet height. Height is measured from the top of the upper story to the top of the parapet.
[1]
Minimum height is 1.5 feet with a maximum height of six feet.
[2]
Roof slope beyond the parapet must not be visible above the parapet.
[3]
A shadow line must be located within two feet of the top of the uppermost story.
[4]
A shadow line must be located at the top of the parapet.
[5]
Parapets may be faced with a sloped, shingled roof detail, provided that the detail does not exceed the allowable height of the parapet and the shingles are clay tiles.
(b)
Occupied building space. Occupied building space must not be incorporated behind this roof type.
(c)
Rooftop appurtenances. With the exception of solar panels, wind energy systems, and antennas, any rooftop appurtenances must be located towards the rear or interior of the parapet roof. Rooftop appurtenances should be located such that the parapet blocks their view from the sidewalk across the street or may be located within a tower per § 535-23B(6). See § 535-23G(4) for additional regulations of mechanical equipment.
(4)
Flat roof type. This roof type is a visibly flat roof with overhanging eaves. See Figure 535-23-2, Example of a Flat Roof.
Figure 535-23-2 Example of a Flat Roof Type |
 |
(a)
Maximum slope. The maximum slope is 2:12; however, the roof must not appear to be visibly sloped from the street or other primary frontage.
(b)
Eaves. Eaves are required on all street and other primary frontages.
[1]
Eave depth. Eaves must have a depth of at least 14 inches. Eave depth is measured from the building facade to the outside edge of the eave.
[2]
Eave thickness. Eaves must be a minimum of six inches thick. Eave thickness is measured at the outside edge of the eave, from the bottom of the eave to the top of the eave.
(c)
Interrupting vertical walls. Vertical walls may interrupt the flat roof and extend above the top of the eave with no discernible roof type.
(d)
Occupied building space. Occupied building space shall not be incorporated within this roof type, including the flat roof and vertical wall.
(e)
Rooftop appurtenances. With the exception of solar panels, wind energy systems, and antennas, rooftop appurtenances must not be located on the flat portion of this roof type. Any rooftop appurtenances may be located behind the interrupting vertical wall with no visibility from the sidewalk across the street per § 535-23G(4) or may be located within a tower per § 535-23B(6).
(5)
Pitched roof type. This roof type is a sloped or pitched roof, where the slope appears on all street and other primary facades. Slope is measured with the vertical rise divided by the horizontal span or run. See Figure 535-23-3, Examples of Pitched Roof Type.
Figure 535-23-3 Examples of Pitched Roof Type |
 |
(a)
Pitch measure. The roof may not be sloped less than a 4:12 or more than 14:12. Slopes less than 4:12 are permitted to occur on second story or higher roofs.
(b)
Configurations.
[1]
Hipped, gabled, and combination of hips and gables with or without dormers are allowed. When the ridgeline runs parallel to any primary frontage, Subsection B(5)(b)[1][a] or [b], below, must occur:
[a]
A gabled end or perpendicular ridgeline must occur at least every 100 feet of roof; or
[b]
One dormer must be provided for every 15 feet of ridgeline on any street or primary frontage with at least one dormer per frontage.
[c]
Occupied building space within the roof is allowed and counts as a half or full story.
[2]
Gambrel and mansard roofs are allowed per the following:
[a]
Gambrel roofs with the ridgeline perpendicular to the street are allowed.
[b]
Gambrel roofs with the ridge parallel to the street and mansard roofs are allowed where one dormer is provided for every 20 feet of ridgeline on any street or primary frontage with at least one dormer per frontage.
[c]
The steepest portion of the roof must be no greater than the tallest permitted height of one upper story.
[d]
Materials for gambrel and mansard roofs are limited to clay tile, slate, composite slate, or standing seam metal.
[e]
The overall height of a gambrel or mansard roof, inclusive of all slopes, must not exceed 1.25 times the height of an allowed upper story.
[f]
Occupied building space is required beneath the roof and counts as a half or full story, based upon the percentage of footprint allowed for a half story within the building type regulations.
[3]
Butterfly (or inverted gable or V-shaped roof) and shed roofs are allowed only with a design adjustment approved. (See § 535-31D.) The following applies:
[a]
Negative impacts on neighboring properties, such as shading or glare, are mitigated.
[b]
The butterfly or shed roof must not exceed eight feet in total height, inclusive of overhang.
[c]
The roof must not be significantly higher than the surrounding context, unless the visibility of the roof is screened from the street and neighbors by the building.
[d]
Occupied building space within the roof is allowed and counts as a half or full story.
(c)
Maximum roof height. Except as otherwise specified, pitched roofs must have a maximum height on primary and non-primary frontage facades equal to no more than 1.5 times the upper-story floor-to-floor height utilized on the building.
(d)
Rooftop appurtenances. With the exception of solar panels, antennas, and wind energy systems, any rooftop appurtenances must be recessed within the pitched roof with no visibility on any street elevation drawing. See § 535-23G(4) for additional regulations of rooftop mechanical equipment.
(6)
Towers. A tower is a vertical element used with other roof types. See Figure 535-23-4, Example of Tower.
Figure 535-23-4 Example of Tower |
 |
(a)
Degree of enclosure. A street façade tower must be fully enclosed. Any interior building tower may be partially or fully enclosed. A fully open structure, such as a rooftop pergola is not a tower. [See § 535-23B(1)(d).]
(b)
Types of towers. Unless otherwise defined by the building type regulations, the following types of towers are allowed:
[1]
Street-façade towers. Street-façade towers are located on a street facade, treated with all of the regulations applicable to any street facade, including transparency and building materials.
[2]
Interior building towers. Interior towers are typically functional, providing housing for utilities or access to the roof on the interior of the building or at the rear or side facade. Facades taller than five feet, located within 30 feet of a street facade, must meet the minimum primary street, upper-story transparency requirement.
(c)
Tower location, quantity, and spacing. See Table 535-23-1 for regulations for location, quantity, and spacing for each type of tower.
Table 535-23-1 Tower Location, Quantity, and Spacing | ||
Regulation | Street Facade Tower | Interior Building Tower |
Location on building | Within 15 feet of any street facade | Minimum 30 feet from any street facade |
Number allowed | 2 per building | 2 per building |
Total of 4 per building | ||
Spacing | 120 feet minimum from other street-façade towers | 60 feet minimum from any other tower |
(d)
Tower height.
[1]
Maximum height, measured from the top of the uppermost floor of the building to the top of the tower shaft, not including the tower roof, is the equivalent of the height of one upper floor of the building to which the tower is applied.
[2]
A tower allows up to one additional story of height within the tower footprint to any building type where permitted and is not included in the overall maximum height of the building.
(f)
Horizontal shadow lines. If the tower extends the building up to a fifth or higher story, a shadow line is required between the fourth and fifth stories on any tower street facade. Shadow lines required by the roof type used on the tower also apply.
(g)
Occupied building space. Towers may be occupied by the same uses allowed in upper stories of the building type to which it is applied.
(h)
Rooftop appurtenances. No rooftop appurtenances are permitted on tower roofs. Roof appurtenances may be housed within a tower.
(i)
Tower roof. The tower may be roofed by any roof type defined in this § 535-23B or approved as an other roof type per § 535-23B(2).
C.
Entrance types.
(1)
Regulations applicable to all entrance types. Entrance types are allowed per building type, see § 535-22. The following applies to entrance types on any street or courtyard facades.
(a)
Retaining walls. See § 535-24C(2) for retaining walls located in any street yard.
(b)
Railings. Railings for all porches or ramps must be constructed of steel or cast stone on all building types.
(2)
Storefront entrance type.
(a)
Intent. Storefront entrance types are intended to provide at-grade access between the building and adjacent sidewalk creating a high level of permeability. See Figure 535-23-5.
Figure 535-23-5 Example of a Storefront Entrance |
 |
(b)
Recessed entrance. Where the pedestrian pavement area outside the storefront is less than seven feet deep, measured from the edge of any street tree well perpendicularly to the facade, entrances must be recessed as follows:
(c)
Transparency. A minimum amount of ground story storefront glass is required per the building type regulations.
[1]
The storefront entrance must meet the minimum ground story, primary-facade transparency requirements.
[2]
The glass shall turn the corner of any recessed entry as shown in Figure 535-23-5.
[4]
See § 535-23E(1) for general window regulations.
(d)
Bulkhead. Where a bulkhead is incorporated, the maximum height is 24 inches. A bulkhead is the lower set of panels or low wall upon which the storefront windows rest. See Figure 535-23-5. The bulkhead may be constructed of wood, metal, concrete, or masonry. Concrete masonry units may not be exposed. See § 535-23D for allowed facade materials.
(e)
Security shutters. External roll down shutters are not allowed. Any necessary security grills must be located inside the shop windows, and shall not be solid. Preferred security systems are glass shock or breaker sensors, or electronic alarms.
(3)
Stoop entrance type. A stoop is a small, open platform that may include a canopy or roof cantilevered off the building. See Figure 535-23-6.
Figure 535-23-6 Example of Stoop Entrance |
 |
(a)
Location. Stoops on any street facades in the commercial and mixed-use districts must be located within the build-to zone unless a planning adjustment is approved. (See § 535-31E.)
(b)
Stoop size. Stoops must be a minimum of four feet wide and three feet deep.
(c)
Canopy. A canopy over a stoop must be located within three feet of the top of the ground story.
(d)
Elevated stoop. Where a stoop entrance is located above three feet, the lower level is considered a visible basement and the following applies:
[1]
See § 535-24C(2) for general retaining wall regulations.
[2]
Street facade transparency requirements of the building type apply to any visible basement facade. See § 535-6C for definition of "visible basement." Openings without windows or doors are not allowed on primary street facades visible basements.
[3]
Elevated stoops must be a masonry or concrete structure, faced with an allowed major facade material if exposed. Wood decking or open metal platforms attached to the building are not allowed.
[4]
Ramps must be designed as part of the stoop as required by any building accessibility regulations.
(4)
Porch entrance type. A porch is a raised, roofed platform open on all sides not abutting the building. See Figure 535-23-7.
Figure 535-23-7 Example of Porch Entrance |
 |
(a)
Location. Porches on any street facade in the commercial and mixed-use districts must be fully located within the build-to zone unless a planning adjustment is approved. (See 535-31E.)
(c)
Height. Porch roof height shall be a maximum of two stories, each story meeting the floor-to-floor story height of the building type.
(d)
Unenclosed. At least 50% of the exterior wall area shall be open; mesh screened areas, glazing and guardrails shall be considered enclosed.
(e)
Elevated porch. Where a porch entrance is located more than three feet above the public sidewalk, the lower level is considered a visible basement and the following applies:
[1]
See § 535-24C(2) for general retaining wall regulations.
[2]
Street facade transparency requirements of the building type apply to any visible basement facade. See § 535-6C for definition of "visible basement." Openings without windows or doors are not allowed on primary street facades.
[3]
Ramps must be designed as part of the porch as required by any building accessibility regulations.
D.
Facade materials.
(1)
Major facade materials. Allowed major facade materials are listed in Table 535-23-2. Figure 535-23-9 illustrates major and minor facade materials.
Table 535-23-2 Allowed Major Materials on Street and Primary Facades | ||||||
|---|---|---|---|---|---|---|
Building Type | ||||||
Material (alphabetical) | Storefront Buildings | Commercial Building | General Buildings | Row Buildings | Illustration | |
A | Brick: full dimensional, economy, unit, face brick, unglazed, no black | ● | ● | ● | ● |  |
B | Concrete Masonry Units: architectural, minimum three-inch depth, artisan stone look, varied sizes, (Echelon masonry or approved equal), stone face, hewn stone, rock cut | ● | ● | ● | ● |   |
C | Stone: natural, units | ● | ● | ● | ● |  |
Figure 535-23-9 Example of Major and Minor Materials on a Facade |
 |
(a)
Street and other primary facades. Major materials are required on all street and other primary facades, unless otherwise stated, and are intended to serve as the main surface material on street-facing and other primary facades. See § 535-22D(7) for other primary facades, including courtyard facades. Major materials must be used on a minimum of 65% of applicable facades, not including window and door areas.
(b)
Simplicity of facade materials. The intent of these regulations is the use of fewer facade materials resulting in simpler, clearer building designs.
[1]
Single major material. A single major facade material must be used for the street and other primary facades of the building.
(c)
Side and rear facades. A minimum of 65% of side and rear facades must be comprised of either major materials in Table 535-23-2 or side and rear facade materials in Table 535-23-4.
Table 535-23-2 Allowed Major Materials on Street and Primary Facades | ||||||
|---|---|---|---|---|---|---|
Building Type | ||||||
Material (alphabetical) | Storefront Buildings | Commercial Building | General Buildings | Row Buildings | Illustration | |
A | Brick: full dimensional, economy, unit, face brick, unglazed, no black | ● | ● | ● | ● | |
B | Concrete Masonry Units: architectural, minimum three-inch depth, artisan stone look, varied sizes, (Echelon masonry or approved equal), stone face, hewn stone, rock cut | ● | ● | ● | ● | |
C | Stone: natural, units | ● | ● | ● | ● | |
[1]
For any rear and side facades that are generally perpendicular to a street or other primary facade, allowed major materials on the street or primary facade must extend along that side or rear facade a distance equal to the horizontal distance to the side facade of the adjacent building or a maximum of 30 feet, whichever is less.
(d)
Original facade materials. Where brick or stone is an existing building's original major facade material, the following applies:
(e)
Renovation of existing single-story buildings. Where existing single-story buildings are replacing facade materials, a design adjustment may be approved to utilize a different proportion of major to minor facade materials, provided that the major material area is larger than the minor material area.
(2)
Minor facade materials.
(a)
Maximum minor materials for facades. A maximum of 35% of each facade surface, not including window and door areas, may be composed of minor facade materials per Table 535-23-3.
Table 535-23-2 Allowed Major Materials on Street and Primary Facades | ||||||
|---|---|---|---|---|---|---|
Building Type | ||||||
Material (alphabetical) | Storefront Buildings | Commercial Building | General Buildings | Row Buildings | Illustration | |
A | Brick: full dimensional, economy, unit, face brick, unglazed, no black | ● | ● | ● | ● | |
B | Concrete Masonry Units: architectural, minimum three-inch depth, artisan stone look, varied sizes, (Echelon masonry or approved equal), stone face, hewn stone, rock cut | ● | ● | ● | ● | |
C | Stone: natural, units | ● | ● | ● | ● | |
(b)
Accents and details. Additional materials are allowed for trim, accents, and details, per Table 535-23-5, not included in the maximum facade area.
Table 535-23-5 Allowed Detail and Accent Materials | ||
|---|---|---|
All permitted major and minor facade materials may be used for details, trim, and accents. | ||
Material | Illustration | |
M | Concrete Details: precast stone ornamentation, lintels, sills, banding, columns, beams |  |
— | Fiber Cement Details: trim, soffits | |
N | Metal Details: trim, ornamentation, lintels, beams, columns |  |
— | Wood and Wood Composite Details: painted/treated trim, soffits, other approved details | |
O | Vinyl Details: limited to soffits, window trim; minimum 0.04 inch thick |  |
(3)
Pitched roof materials. The following materials are allowed on pitched roofs: dimensional asphalt composite shingles, wood shingles and shakes, metal tiles or standing seam, slate, ceramic tile, and engineered wood or slate.
(4)
Grade of materials. All doors, windows, and hardware must be of commercial grade quality with the exception of those on Row Buildings.
(5)
Material installation. The following material installation requirements are intended to advance the quality of construction, durability, and aesthetics of new buildings, specifically related to application and detailing of facade materials.
(a)
Changes in facade materials. Changes in facade materials, whether major materials or minor materials, should occur mainly at concave corners or changes in building planes.
(b)
Materials hierarchy. A hierarchy of materials must be maintained on the building facade, where visually heavier, articulated unit materials (brick, concrete masonry units, stone) are located at the base of the facade and visually lighter, constant surface materials with fewer seams (stucco, panels) are located above those on the facade.
(c)
Shadow lines on surfaces. Shadow lines must delineate changes in materials with solid materials of a thickness that is greater than 1.5 inches, such as cast stone, masonry, or stone. For example, cast stone elements or brick may be offset to create a shadow.
(6)
Other materials. Materials that are not listed in this section as allowed major, minor, accent/detail, or roof materials may not be installed on any facade or roof unless approved as a design adjustment. (See § 535-31D).
(a)
Intent. Other materials may be allowed if the applicant demonstrates the material in its proposed application meets the intent of the facade material standards.
(b)
Examples. Samples and examples of successful high-quality local installation in the region and the manufacturer's warranty and industry ratings must be provided by the applicant.
(c)
Prohibited materials. Materials listed as prohibited on Table 535-23-6 may not be approved as acceptable materials.
Table 535-23-6 Prohibited Materials | ||
|---|---|---|
Material | Illustration | |
Brick: thin veneer | ||
P | Concrete, unfinished: untreated, unstained, unpainted |  |
— | Fiberglass and Acrylic Panels: all | |
Q | Glass Block: clear or patterned units with or without color |  |
R | Metal, Aluminum Composite: aluminum composite materials (ACM) or panels (ACP) |  |
S | Plastic Panels: all, including high-density polyethylene and polycarbonate panels |  |
T | Stucco Moldings or Synthetic Stucco Moldings: trim, sills, cornices, banding, columns, pilasters or other 3-dimensional details |  |
Vinyl and PVC Siding: minimum 0.040 inch thick | ||
— | Wood: unfinished, untreated plywood siding or panels | |
E.
Facade elements.
(1)
Windows. Windows on street and other primary facades of all buildings must be consistent with the following requirements:
(a)
Amount. Each building must meet the transparency requirements per the building type regulations. See § 535-22.
(b)
Bird-friendly design. See § 535-23F(4) for bird-friendly design regulations applicable to all windows, storefront glass, and curtain-wall glass, and any other non-opaque surface.
(c)
Recessed. All windows, with the exception of ground story storefront systems and glass curtain wall systems, must be recessed with the glass a minimum of 1.5 inches from the facade surface material or adjacent trim.
(d)
Vertically oriented. A minimum of 70% of street facade windows must be individually vertically oriented, but may be grouped in a set. See Figure 535-23-10.
Figure 535-23-10 Vertically Oriented Window and Expressed Lintels |
 |
(e)
Operable windows. Operable windows are required as follows:
[1]
A minimum of 70% of all street facade windows on all buildings must be operable.
[2]
Examples include single-hung, double-hung, pivot, casement, and awning windows; fixed or picture windows are not operable.
[3]
Exceptions include any ground story storefront glass, glass curtain wall systems, and windows in visible basements with internal parking.
[4]
The intent of this regulation is to break expanses of glass into smaller, human-scale increments and to provide a level of permeability between the inside of the building to the outdoors and the street. A design adjustment may be approved (See § 535-31D.) for an alternative design that achieves the intent of the regulation.
(f)
Visibility through glass. Reflective or mirrored glass and glass block are prohibited on street and other primary facades. Windows must meet the transmittance and reflectance factors established in the transparency definition. See § 535-22I(9).
(g)
Unobstructed windows. Ground story, primary street façade windows, other than those for residential uses, must be unobstructed with visibility through to the interior, occupied space.
[1]
The first 12 inches behind the glass on the interior of the building must be free of any obstructions, including window coverings that limit visibility by people through the window and except window signs as allowed in § 445-11. Window coverings include opaque screens applied to windows, curtains, blinds, or opaque shades mounted behind windows.
[2]
Solid backs of furniture or display racks located against the windows or walls constructed less than three feet from the windows are prohibited. Display racks of merchandise oriented to the outside are allowed.
[3]
Window displays at least three feet deep on the inside of the building may be used.
(h)
Expressed lintels. For masonry construction, the expression of lintels must be included above all windows and doors by a change in brick coursing or by a separate detail or element. See Figure 535-23-10 for illustrations of expressed lintels on masonry facades.
(i)
Garage doors. Garage doors utilized for patio/terrace access, open air dining, or display and not utilized for vehicular access may be used for storefronts or other window requirements on any building type, provided that the doors contribute to and meet the transparency requirements. Garage doors do not count as an entrance.
(2)
Doors. Doors on street and other primary facades of all buildings must be consistent with the following requirements:
(a)
Amount. Each building must meet the entrance requirements per the building type regulations. See § 535-22.
(b)
Recessed. All doors, with the exception of those in ground story storefront systems and glass curtain wall systems, must be recessed with the door panel a minimum of three inches from the facade surface material or adjacent trim.
(c)
Visibility through glass. Doors on primary facades must include at least 35% transparent glass, meeting the transmittance and reflectance factors established in the transparency definition. See § 535-22I(9). A design adjustment may be approved (See § 535-31D.) for a lower transmittance, such as frosted glass.
(3)
Shutters. When shutters, whether functional or not, are utilized on a street or other primary facade of any building type, the shutters must meet the following requirements. See Figure 535-23-11.
Figure 535-23-11 Examples of Shutters |
 |
(a)
Size. All shutters must be sized for the windows, so that, if the shutters were to be closed, they would not be too small for complete coverage of the window.
(b)
Materials. Shutters must be wood, metal, or fiber cement. Synthetic and engineered woods are allowed, provided that the applicant submits a sample and examples of high-quality, local installations of the material.
(4)
Awnings and canopies. Removable awnings and canopies attached to buildings and located on any street or primary facade must be constructed consistent with the requirements of this section. See Figure 535-23-12 for examples of awnings.
Figure 535-23-12 Examples of Awnings |
 |
(a)
Material. All awnings and canopies shall be canvas or metal. Plastic awnings are prohibited.
(b)
Structures. Frames must be metal and wall-mounted. Support poles from the ground are prohibited except where the awning is over eight feet in depth and utilized for outdoor eating areas or entrances.
(c)
Canopies and light shelves. Permanent canopies, projections, or overhangs used as architectural features, light shelves, or shading devices are allowed and not intended to be regulated by this subsection.
(d)
Right-of-way. Awnings or canopies extending into any right-of-way require a permit per the municipal code, § 466-18.
(e)
Clearance. All portions of any awning or canopy shall provide at least seven feet of vertical clearance over any walkway and 15 feet of vertical clearance over vehicular areas.
(5)
Principal entryway. See Figure 535-23-13 for examples of defined principal entryways. Principal entrances to all buildings or units, except storefronts, must be visible from the street and clearly delineated through one or more of the following design features:
Figure 535-23-13 Examples of Defined Principal Entryways | ||
 |  |  |
(a)
Roof or canopy. The entryway is covered by a roof or canopy differentiating it from the overall building roof type.
(b)
Porch. The entryway is through a porch on any building type except a Storefront Building.
(c)
Sidelights and transom. Sidelights or transom windows are included around the entryway.
(d)
Articulation. The entryway is included in a separate bay of the building that extends up at least two stories or in a recessed bay with a change in material.
(6)
Balconies. Balconies on a facade facing any street or other primary facade shall be consistent with the requirements of this subsection. See Figure 535-23-14 for examples of balconies.
Figure 535-23-14 Examples of Balconies | |
 | |
 |
(a) BALCONETTES BALCONIES
Definitions. For the purpose of this § 535-23E(6), the following definitions apply:
False balconies, sometimes referred to as "Juliet balconies," consisting of a rail and door, either without an outdoor platform or with an outdoor platform less than 18 inches in depth.
Include any roofed or unroofed platform that projects from the wall of a building above grade more than 18 inches and that is enclosed only by a parapet or railing. This definition does not include balconettes.
(b)
Balconettes. Balconettes are allowed and not subject to any of the balcony regulations in this subsection.
(c)
Size. Balconies must be a minimum of four feet deep and five feet wide.
(d)
Facade coverage. A maximum of 35% of street facades, calculated separately for each facade, may be covered by balconies. The balcony area is calculated by drawing a rectangle on the facade elevation around the following: the platform or floor of the balcony; any rails, walls, columns, or indentations; and any ceiling, roof, or upper balcony.
(e)
Integrated design. Balconies must be integrated within the design of the facade, avoiding tacking the balconies onto the facade after the elevation has been designed.
(f)
Platform. The balcony platform must be at least three inches thick and any underside of a balcony that is visible from any street or public way shall be finished.
(g)
Build-to zone requirement. When the balcony is in the build-to zone, the portion of the facade behind it is exempt from meeting the build-to zone requirement.
(h)
Design adjustment. A design adjustment may be approved for an alternative balcony design, provided that the design meets the intent of these regulations.
(7)
Ground story at sloping facades.
(a)
Intent. Grade transitions on any building facade along a significantly sloped sidewalk or street must be designed to minimize blank walls and maximize pedestrian-scale frontages between waist and eye level. See Figure 535-23-15 for examples of positive facades along slopes.
Figure 535-23-15 Examples of Ground Story Along Slopes Streets and Sidewalks |
 |
(b)
Storefronts. The following regulations apply to storefront facades along sloping streets or other primary frontages:
[1]
The interior floor level must step to match the exterior grade within three feet and/or changes in grade may be accommodated by a storefront window display space.
[2]
Knee walls and bulkheads must not exceed 24 inches in height, except a maximum 10% or one ten-foot section, whichever is greater, may be up to 36 inches in height.
[3]
Retaining walls at sloped facades must not exceed 18 inches in height, except a maximum 10% or one ten-foot section, whichever is greater, of walls may be up to 30 inches in height.
[4]
If the grade change is more than nine feet in height along a single block face, entrance requirements may be increased to one entrance per 90 feet of building frontage.
[5]
If the grade change is more than nine feet along a single block face, building entrances adjacent to the street must be within three feet of the grade of the adjacent sidewalk.
(c)
Non-storefronts. The following regulations apply to all non-storefront facades along sloping streets:
[1]
Multiple front entrances along the street must activate each segment of building section at each grade.
[2]
The interior floor level must step to match the changes in exterior grade within a three-foot range and/or deeper transition zones between the sidewalk and building facade of porches, terraces, and landscape areas may be used assist with grade changes.
[3]
Changes may be accommodated by terraced planters and retaining walls. Retaining walls must not exceed 18 inches in height, except a maximum 10% or one ten-foot section, whichever is greater, of walls may be up to 30 inches in height.
(8)
Vistas. Views down streets that terminate at parcels must be considered when locating buildings, parking, and building elements on those parcels. See Figure 535-23-16.
Figure 535-23-16 Example of a Terminated Vista |
 |
(a)
Rears of buildings. The location of open space and streets shall not create views of the rear of buildings or parking behind buildings from primary streets and open or civic space.
(b)
Parking. Parking structures and surface parking lots are not permitted at the termination of a street vista.
(c)
Street termini. When a street terminates at a parcel, the parcel must be occupied by one of the following:
[1]
Courtyard or open space. A courtyard or other open space must be located at the street terminus for the width of the subject street right-of-way. A vertical element shall terminate the view. Acceptable vertical elements include, but are not limited to, a stand or group of trees, a sculpture, a pergola or other public structure, or a fountain. Any open space must be treated as street-yard landscape per § 535-24E.
[2]
Building. The facade of a building, whether fronting a primary street or not, must terminate the view for the width of the subject street right-of-way. The building must incorporate one of the following treatments to terminate the view: an allowed tower per § 535-23B(6), a bay, an allowed courtyard per the building type regulations (§ 535-22), or an articulated, principal entryway per § 535-23E(5). That portion of the facade must be treated as a primary facade.
(9)
Garage doors. The following requirements apply to garage doors provided on any street facade.
(a)
Location. Allowed locations for vehicular garage doors on street and non-street facades are regulated by the building types in § 535-22.
(b)
Recessed from facades. Garage doors located on street-facing facades must be recessed a minimum of three feet from the dominant facade of the principal building facing the same street.
(c)
Design. Garage doors facing a street must meet the following:
[1]
The doors must be clad with high-quality materials in a color used in the building facade.
[2]
The minimum transparency of the building must be met on the garage door, unless otherwise approved by a design adjustment.
[3]
Upgraded architectural doors or carriage-style doors are required on Row Buildings.
(10)
Parking facades along streets. See Figure 535-23-17 for one illustration of a parking facade on a street. Parking facades are allowed only on non-primary street facades per the building type regulations in § 535-22 and either as a separate accessory structure on the lot or in the rear of the building. The following standards apply to any parking facade visible from any street or other public way.
Figure 535-23-17 Example of a Parking Facade |
 |
(a)
Materials. Major and minor material requirements, per § 535-23D shall be met on all street facades. An additional permitted minor material is stained, finished concrete on any story.
(b)
Ramps and slopes. Ramps and slopes shall not be located on any street facades.
(c)
Vertical divisions. Vertical divisions extending the full height of the structure are required every 30 feet to deemphasize the horizontal decks. Divisions shall be a minimum of two feet in width with a minimum projection of three inches.
(d)
Screening of vehicles. Visibility of parked motor vehicles must be screened from the street by walls with a minimum opacity of 50%. Alternative screening may be approved through a design adjustment. (See § 535-31D.)
(e)
Lighting. Lighting within parking structures must be shielded to avoid light trespass through openings and windows. See § 535-24J for lighting regulations.
(f)
Blank wall limitations. No rectangular area greater than 30% of any story's facade, as measured from floor to floor, and no horizontal segment of a story's facade greater than 15 feet in width may be solid wall without an opening.
(g)
Entrances.
[1]
For all Storefront Buildings, a pedestrian entrance directly into the parking structure from the street is required.
[2]
All pedestrian entrances directly into the garage must be separate from the vehicular entrance and directly accessed from the sidewalk, unless provided through a building lobby,
[3]
All exterior pedestrian entrances into any garage must meet the principal entryway regulations in § 535-23C. Stairwells must be located inside a tower per § 535-23B(6) with windows at a transparency rate of 65%.
F.
Bird-friendly design.
(1)
Intent. The intent of the bird-friendly building design regulations is to reduce bird injury and mortality from in-flight collisions with buildings.
(3)
Applicable surfaces. The following surfaces must be mitigated:
(a)
Glass. All glass areas 50 square feet or larger, including one continuous panel of glass or two or more glass panels divided by mullions of six inches in width or narrower.
(b)
Fly-through conditions. Where panels of glass on two separate facades exist within 30 feet of each other and the line of sight through the panels creates the illusion of a void leading through to the other side.
(c)
Building details and site structures. All glass railings, awnings, panels, or other similar transparent structures on buildings or in the landscape.
(d)
Exception. Replacement windows in existing openings are not applicable surfaces.
(4)
Bird-safe glass treatment. The applicable surfaces listed in § 535-23F(3) must be mitigated as follows to reduce bird impacts with glass:
(a)
Visual markers. Visual markers must be located on the entire applicable glass surface consistent with all of the following:
[1]
Treatment. Visual markers must be applied to or integrated into the glass using either fritted glass, etched glass, or film or UV-coating on the glass.
[2]
Pattern. The pattern of the visual marker must include dots or shapes at least five millimeters in diameter in a pattern less than two inches by two inches or lines, 1/8 inch wide or greater, spaced no more than two inches apart.
[3]
Material threat factor. The manufacturer must be specified and the visual marker treatment must have a material threat factor (MTF) of 30 or less as determined by the most recent version of the American Bird Conservancy's (ABC) Bird Collision Deterrence: Summary of Material Threat Factors.
(b)
Design adjustment. An alternative design solution, such as screens, louvers, or shades mounted on the exterior of the building, may be approved as a design adjustment (See § 535-31D.), provided that the MTF is lower than 30 and the material still meets the transparency requirements of § 535-22I(9).
G.
Mechanical equipment. Mechanical equipment is necessary for any building design, but can have a negative visual impact and detract from the quality of the design of a building. The purpose of the regulations in this § 535-23G, is to ensure that the visual impact of mechanical equipment and appurtenances is minimized to the maximum extent feasible.
(1)
"Mechanical equipment" defined. When the following regulations refer to "mechanical equipment," any mechanical equipment or utility appurtenance, such as but not limited to HVAC systems, boilers, condensers, transformers, generators, vents, meters, ducts, is being referenced, except solar and wind energy systems, subject to § 535-26 in accessory structure regulations.
(2)
Design adjustment. Alternate locations for mechanical equipment other than those defined in this § 535-23G, may be approved as a design adjustment (See § 535-31D.), provided that the applicant proves the equipment cannot function in the locations allowed by these regulations and the equipment is screened to the maximum extent possible by methods other than only landscape.
(3)
Mechanical equipment in building. Mechanical equipment must be located within the building, unless the applicant demonstrates that locating the equipment within the building would conflict with the equipment's function. See tower regulations in § 535-23B(6), as allowed per building types (§ 535-22), for rooftop building structure to potentially accommodate mechanical equipment.
(4)
Rooftop mechanical equipment. Any rooftop mechanical equipment shall be located consistent with the following. See Figure 535-23-18 for an example.
Figure 535-23-18 Rooftop Utilities Screened from the Public Way by a Parapet |
 |
(5)
Mechanical equipment on street facades.
(a)
Mechanical equipment must not be located on a street facade unless the applicant demonstrates that locating the equipment in a different location would conflict with the equipment's function.
(b)
Any mechanical equipment approved on a facade must be located consistent with the following standards:
[1]
Street facade. The mechanical equipment may be located on a street facade only if all of the following requirements are met:
[a]
The equipment is located on a surface perpendicular (and not parallel) to the adjacent street. The equipment may be located on a facade parallel to the street only with approval of a design adjustment. (See § 535-31D.)
[b]
The equipment extends from the facade surface no more than three inches.
[c]
The equipment must be designed as part of the facade, integrating with windows and materials. See examples in Figure 535-23-19.
Figure 535-23-19 Utility Appurtenances Located on Facades |
 |
[2]
Air vents or grills. Air vents and grills may be successfully incorporated into storefront window systems, provided that the transparency requirements are met by the actual windows in the system.
[3]
Alignment. Multiple pieces of mechanical equipment must be organized and aligned on the facade in a regular pattern. Compliance with this standard must be illustrated on the drawing elevations submitted as part of the application.
[4]
Material coordination. To the extent practicable, facade-mounted mechanical appurtenances shall be located on a material that limits their visibility. For example, dark-colored vents will be more visible on light colored fiber cement panels than a textured, darker surface such as brick.
(6)
Mechanical equipment on other horizontal surfaces. Mechanical equipment, such as electrical transformers and air conditioners, located on the ground, decks, or horizontal surfaces other than the roof must be located consistent with the following standards:
(a)
No encroachment. Mechanical equipment shall not extend into any right-of-way or any easement, unless otherwise approved by the Village.
(b)
Allowed yard location. See § 535-6C for definition of "yards."
[1]
Primary street yard. Mechanical equipment and appurtenances must not be located in the primary street yard, except as defined in § 535-23G(6)(e).
[2]
Non-primary street yard. Mechanical equipment may be located in the non-primary street yard only when the equipment cannot function or be located in a rear or side yard, and provided that the equipment is screened from the street per § 535-24I.
[3]
Rear and side yard. Mechanical equipment may be located in any rear or side yard.
(c)
Screening from streets or open spaces. All equipment must be screened from view from any street or open space per the following:
[1]
Walls for screening must be consistent with the building design, colors, and materials, faced with an allowed major façade material.
[2]
Where landscaping only is employed, the following must be met:
[a]
The utility must be located in a larger landscape area and the landscape screen designed as part of the larger planting bed design.
[b]
Shrubs must fully screen the equipment within one year of installation. Grasses that go dormant during winter months, but do not die to the ground are acceptable.
[c]
During the design review process, additional landscape materials may be required to fully screen the equipment.
(d)
Screening from adjacent parcels. All equipment must be screened from adjacent parcels using the side and rear buffers in § 535-24G.
(e)
Street or primary yard location. Mechanical equipment located in a street yard or other primary frontage yard is allowed only if all of the following are met:
[1]
The applicant demonstrates that the equipment cannot be located in a rear yard, non-primary street yard, or in a side yard.
[2]
No other utility cabinets, boxes, or other appurtenances are within 100 feet along the same side of the street as the proposed utility appurtenance.
[3]
The equipment is located a minimum of 15 feet from a street intersection, measured from the intersection of the curbline, and does not impact the visibility at intersections governed by § 535-10.
[4]
The equipment is fully screened in a manner that is consistent with the building design, colors, and materials; the screen height is the minimum to adequately screen the equipment; and the equipment and screening does not block any facade transparency. See Figure 535-23-20 for examples of poorly located, unscreened equipment on primary streets.
Figure 535-23-20 Examples of Poorly Located Utility Appurtenances on Primary Streets |
 |
§ 535-24 Landscape and site design.
A.
General regulations.
(1)
Purpose. The landscape and site design regulations of this section are intended to provide the following:
(a)
To protect the appearance of the Village through context-sensitive, high-quality landscape and fencing that supports the goal of walkable corridors.
(b)
To increase the compatibility of adjacent uses and minimize the adverse impacts created by adjoining or neighboring uses.
(c)
To promote the prudent use of water through sustainable, functional landscapes.
(d)
To reduce energy demands through the shading of buildings and pavement, reducing urban heat island effects.
(2)
Applicability. All new buildings, landscape, and site elements in the commercial and mixed-use districts must meet the regulations of this § 535-24. Additionally, the following building or site expansions trigger conformance with these regulations:
(a)
Building enlargement/expansions. Enlargement or expansion of existing buildings by 2,500 square feet or more.
(b)
Expansion of existing parking, loading areas, or other vehicular areas. Enlargement or expansion of an existing parking, loading, or other vehicular area (e.g., drive-through facilities, fueling stations, vehicular sales lots) by 2,500 square feet or more.
(c)
Courtyards and outdoor plazas. Reconstruction and/or repaving an existing courtyard or outdoor plaza, seating or dining area.
(3)
Vision setback. See § 535-10 for regulations requiring clear vision on corner lots at street intersections.
(4)
Stormwater. Stormwater detention, retention, or filtration systems, such as bioswales or rain gardens, may be located in any street yard or other required site landscape area, provided that all other regulations are met.
B.
Landscape areas. All unpaved yards of any lot in the Commercial and Mixed-Use Zones must be covered by either planting bed per § 535-24B(1) or lawn per § 535-24B(2).
(1)
Planters and planting beds. All planters and planting beds must include shrubs, ornamental grasses (not turf or lawn grass), ground cover, vines, annuals, or perennials.
(a)
A minimum of 65% of any bed area must be covered in plant material at maturity. The remaining portion of the bed may be covered with natural, unpainted and undyed bark mulch, or natural, unpainted and uncolored, decorative stones, minimum 0.75 inch and maximum five inches in dimension.
(b)
Annual beds must be maintained seasonally, replanting as necessary.
C.
Sidewalks and site structures.
(1)
Sidewalk connections. Continuous sidewalks must connect all building entrances to public sidewalks via the shortest possible route.
(2)
Retaining walls. The following applies to all retaining walls in any street yard:
(a)
Height. Retaining walls must be no more than 18 inches in height above grade.
(b)
Material. Retaining walls must be faced in an allowable major facade material.
(c)
Steep slopes. Multiple retaining walls with sloped landscape in between may be used to accommodate taller elevations. Landscape beds may not be sloped greater than 3:1.
(3)
Decks.
(a)
Yard location. Decks may not be located in any primary street yard.
(b)
Non-primary street yards. In non-primary street yards, the following applies:
[1]
Decks must be located a minimum of one foot from any lot line with landscape planting bed between any public streetscape sidewalk and the deck.
[2]
Deck floors may not be located more than 12 inches above any public sidewalk.
[3]
Deck rails must be metal, or a metal frame with wood or composite wood, and no higher than 42 inches.
(4)
Patios and terraces.
(a)
Definition. Patios and terraces include any hard-surfaced outdoor area, a minimum 64 square feet and with minimum dimensions of length and width of at least six feet, that is designed for people and not for the storage or access of motor vehicles.
(b)
Street yards. Patios and terraces may be located in any street yard only when constructed within the following parameters:
[1]
One entire side of a patio must be adjacent to the principal structure of the lot.
[2]
Street yard patios shall not be located closer than three feet to any abutting lot.
[3]
Patios may not exceed 18 inches above grade in any street yard.
[4]
Patios contribute to overall site coverage per the building type regulations in § 535-22 and measured per § 535-22I(5).
[5]
All materials must be of high quality, such as cut stone, Lannon or blue stone, or decorative concrete.
(c)
Side and rear yard. Patios must be set back a minimum of three feet off the lot line abutting any interior side yard and a minimum of one foot off the lot line abutting any rear yard on an abutting lot.
D.
Landscape installation.
(1)
Intent. The following provisions aid in ensuring that all required landscaping is installed and maintained properly.
(3)
General installation requirements.
(a)
Plant size requirements. Plant material must be sized according to Table 535-24-1 unless otherwise noted in this section.
Table 535-24-1 Plant Material Size at Installation | |
|---|---|
Plant Material Type | Minimum Size |
Deciduous shade/overstory tree | 1.5 inches caliper/8 feet high |
Evergreen tree | 8 feet high |
Understory tree | 6 feet high |
Ornamental tree | 1.5 inches caliper |
Shrubs, deciduous | 5-gallon container or 18 inches balled and burlapped |
Shrubs, evergreen | 5-gallon container or 18 inches balled and burlapped |
Ground cover | 3 inches high |
(b)
Condition and selection of planting materials. The plant materials used must be free from visible signs of disease, infestation, or physical defect at the time of planting. Plant materials must:
[1]
Be appropriate for the conditions of the location, including sun and wind exposure, air quality, salt exposure, soil type, expected moisture content of soil, and slope.
[2]
Not be an invasive or a potentially invasive species.
[3]
Be, wherever possible, native or naturalized to the Shorewood region.
(c)
Compost, mulch, and organic matter. Compost, mulch, and organic matter must be utilized within the soil mix to reduce the need for fertilizers and increase water retention.
(4)
Tree installation.
(a)
Permeable surface. For each tree planted, a minimum amount of permeable surface area is required, unless otherwise stated in this Code. See Table 535-24-2 for estimated tree canopy sizes at maturity, soil volumes, and permeable area recommended per tree.
Table 535-24-2 Estimated Canopy and Permeable Surface Area by Tree Size | ||
|---|---|---|
Tree Size | Estimated Mature Canopy Size (square feet) | Minimum Required Permeable Surface Area (square feet) |
Small | 300 | 100 (e.g., 4 feet x 25 feet) |
Medium | 700 | 225 (e.g., 4 feet x 56.25 feet) |
Large | 1,000 | 400 (e.g., 4 feet x 100 feet) |
(b)
Suspended pavement system. When the required soil surface area of a tree (see Table 535-24-2) will extend below any pavement, a modular suspended pavement system (silva cells, root space, or an approved equivalent), must be used below that pavement to ensure root growth and access to air and water.
E.
Street-yard landscape. Street-yard landscape addresses treatment of the private street yard, the area between any building facade and the lot line abutting the street right-of-way.
(1)
Intent: to ensure the space between any building and the street is treated as a cohesive landscape design, including planting and paving areas, that enhances the pedestrian experience.
(2)
(3)
Minimum streetscape area. In locations where the minimum streetscape area of § 535-22D(8) applies, the minimum area located in the street yard must be treated as part of the streetscape, matching the abutting and adjacent public streetscape design.
(4)
Street yard areas. All areas between the lot line abutting the street right-of-way and the building must be designed as an extension to the existing public streetscape, but may include varying degrees of landscaped and paved areas as follows:
(a)
Storefront windows. Streetscape pavement must extend up to the storefront windows in the build-to zone on any Storefront Building, continuing the pavement design of the Village-installed public streetscape.
(b)
Maximum site coverage. Landscape areas, decks per § 535-24C(3), and patios/terraces per § 535-24C(4) may be incorporated into street yards, but the site must not exceed the maximum site coverage area. See building type regulations in § 535-22.
(5)
Street-yard landscape elements. The following applies to landscaped and paved areas in any street yard:
(a)
Paving. Additional paving materials may be introduced, provided that the design incorporates elements of and coordinates with the public streetscape. For example, expansion or control joints in concrete in the streetscape and street yard must align.
(b)
Courtyards and outdoor plazas. Courtyards and outdoor seating or dining areas in the supplemental regulations for each building type (§ 535-22) have specific requirements for furnishings and other amenities. Additionally, one of the following landscape area requirements must be utilized:
[1]
Plaza. Where 60% or more of the area is paved, a minimum of 5% of the area must include landscape planters or pots, tree wells, or in-ground or raised planter beds.
[2]
Green. Where less than 60% of the area is paved, a minimum of 30% of the area must include landscape planters or pots, tree wells, or in-ground or raised planter beds.
(c)
General street yard planting bed. The following applies to any unpaved street yard area except courtyards and outdoor plazas regulated separately in Subsection E(5)(b), above.
[1]
When any unpaved street yard area is shallower than six feet, the entire area must be planting bed per § 535-24B(1).
[2]
When any unpaved street yard area is deeper than six feet, the unpaved area must include a minimum of 30% planting bed per § 535-24B(1).
(d)
Trees. Street yard areas must include at least one tree per every 1,400 square feet of courtyard area. See § 535-22 for courtyards in building types. All street yard tree species to be approved by the Department of Public Works prior to installation.
(e)
Fences and walls. Metal fences or masonry walls may be incorporated into any street yard area to separate distinct seating areas.
[1]
Primary street yard. In the primary street yard, fences and walls may not exceed 24 inches in height.
[2]
Non-primary street yard. In the non-primary street yard, fences and walls may not exceed 48 inches in height.
[3]
Fence materials. Metal fences must be steel or iron, and have a maximum opacity of 60%.
F.
Frontage buffer.
(1)
Intent: to lessen the visual impact of on-site vehicular parking, loading, and other activities from the street.
(2)
Applicability. The frontage buffer is required on all lots for all building types in the commercial and mixed-use zoning districts in accordance with the following:
(a)
Vehicular areas along street frontages. Along the perimeter of any off-street surface parking, driveway, loading, fuel pump, drive-through, or other vehicular areas fronting a street right-of-way, not including along any alley.
(b)
Vehicular areas along open space. Along the perimeter of any off-street surface parking, driveway, or loading areas abutting any P-3 Zoning District or other open or civic space.
(3)
Requirements. Refer to Figure 535-24-1 for illustration of these requirements.
Figure 535-24-1 Frontage Buffer Plan and Section |
 |
(a)
Buffer depth. The required buffer area must be a minimum five feet in depth, measured from the street-facing lot line into the lot.
(b)
Buffer location. The required buffer area must extend the width of the vehicular area, but may allow for the perpendicular crossing of driveways.
(c)
Fence. A continuous fence is required in the frontage buffer as follows:
[1]
Fence location. The fence must be located two feet from the back of curb or edge of the vehicular area into the buffer and a minimum of three feet from the front of the buffer.
[2]
Fence alignment. The fence must be either aligned directly with any adjacent buildings or deeper into the lot than the building. In order to align the fence with the building, the buffer may need to be located deeper into the lot to maintain the fence location requirements in Subsection F(3)(c)[1], above.
[3]
Gate or opening. One pedestrian opening, maximum four feet in width, is permitted for every 30 feet of fence.
[4]
Fence materials. The fence must be black, gray, or dark green steel. Masonry columns (maximum 2.5 feet in width) and base (maximum 18 inches in height) are allowed, but not required.
[5]
Fence height. The fence must be a minimum of three feet and a maximum of four feet in height.
[6]
Fence opacity. The fence must be a minimum of 25% and a maximum of 60% opaque.
(d)
Buffer landscape. The following landscape is required within the buffer.
[1]
Shade trees. If no street trees exist in the streetscape abutting the buffer area, medium or large shade trees are required at a minimum of 40 feet on center, with at least one shade tree required for each straight section of buffer between drive or walk openings. If street trees exist, any buffer trees provided should alternate spacing with street trees.
[2]
Shrubs. A single row of shrubs is required on the street side in front of and along the fence.
[3]
Existing vegetation. During the design review, the Design Review Board may credit existing vegetation toward meeting buffer requirements.
G.
Side and rear buffers.
(1)
Intent: to minimize the impact that one zoning district may have on a neighboring district and to provide a transition between districts.
(2)
Applicability. A side and rear buffer is required along the side and rear lot lines of all lots for all building types per this § 535-24G, per Table 535-24-3.
Table 535-24-3 Side and Rear Buffer Required | ||||||
|---|---|---|---|---|---|---|
Abutting Lots Zoned: | ||||||
Buffer Required on Lots Zoned: | CX | MX1, MX2 | GX1, GX2, GX3 | RX | R | P-1, P-3 |
CX | — | — | — | Landscape buffer | Landscape buffer | Landscape buffer |
MX1, MX2 | — | — | — | Fence buffer | Fence buffer | Fence buffer |
GX1, GX2, GX3 | — | — | — | Fence buffer | Fence buffer | Fence buffer |
RX | — | — | — | — | Fence buffer | — |
See § 535-24G(4) for activities triggering buffer requirement. | ||||||
(3)
Exceptions. The buffer width may be reduced in accordance with the following:
(a)
Alleys. Buffers are not required abutting alleys.
(b)
Existing landscape. Where the buffer will interfere with existing mature, healthy landscape, the Design Review Board shall determine the extent of the needed buffer.
(c)
Access points. Driveways and other access points may interrupt buffers as necessary.
(4)
Activities requiring buffers.
(a)
Side and rear buffers are required where the following occurs in the rear or side yards of a lot:
[1]
Motor vehicle areas. Any vehicular areas, abutting or adjacent to districts designated in Table 535-24-3. Vehicular areas include such areas as parking lots or spaces, drives, drive-through uses, fueling stations, truck parking, and structured parking.
[2]
Loading areas. Any loading areas abutting or adjacent to districts designated in Table 535-24-3. Loading areas include such areas as loading bays, loading docks, service bays, garage doors, other outdoor trucking facilities.
[3]
Service areas. Any service areas abutting or adjacent to districts designated in Table 535-24-3. Service areas include such areas as delivery doors, refuse and recycling areas, outdoor employee break areas.
(5)
Buffer location on lot. Side and rear buffers must be installed in one of the following locations on the lot:
(a)
Abutting the lot line: along the lot line of lot requiring the buffer.
(b)
Abutting the activity. The buffer may be located at the edge of the activity being buffered, provided that the area between the buffer and the lot line is landscaped and includes at least one tree per every 2,000 square feet.
(6)
Fence buffer. See Table 535-24-3 where required. See Figure 535-24-2 for illustration.
Figure 535-24-2 Fence Buffer |
 |
(a)
Buffer depth. A minimum two-foot wide buffer, measured from the lot line onto the subject lot, is required.
(b)
Privacy fence. A six-foot opaque, privacy fence screening the activity must be located in the buffer adjacent to the lot line.
[1]
Allowed materials include PVC, composite wood, FSC wood (cedar, redwood, or other approved by the Zoning Administrator), stone, or brick. Concrete panels and concrete masonry units are not allowed, except when faced on all sides with brick or stone.
[2]
When located abutting an R or RX District front yard, the fence must step down to a three-foot height within 20 feet of the street right-of-way or the depth of the abutting R or RX District yard, whichever is less.
(c)
Curbs or wheel stops. A curb or wheel stops must be provided along the buffer edge, a minimum 18 inches from the fence, at any vehicular area to prevent motor vehicles from damaging the fence. Parking may not overhang into the buffer.
(d)
Landscape or mulch. The buffer area must either be a landscape area per § 535-24B or covered in mulch or rock as specified in § 535-24B(1).
(7)
Landscape buffer. See Table 535-24-3 where required. See Figure 535-24-3 for illustration.
Figure 535-24-3 Landscape Buffer |
 |
(a)
Buffer depth. A minimum three-foot-wide landscape buffer, measured from the lot line onto the subject lot, is required.
(b)
Privacy fence. A privacy fence is required. See § 535-24G(6)(b) for fence requirements.
(c)
Curbs or wheel stops. A curb or wheel stops must be provided along the buffer edge, a minimum 18 inches from the fence, at any vehicular area to prevent motor vehicles from damaging the fence. Parking may not overhang into the buffer.
(d)
Shade trees. As part of a conditional use process, medium or large shade trees may be required at a minimum of 40 feet on center, with at least one shade tree required for each segment of the buffer.
(e)
Landscape. The buffer area must be landscaped with a continuous shrub hedge, consisting of a staggered, double row of shrubs with a minimum mature width of 24 inches each, spaced no more than 36 inches on center, and height maintained between 48 and 72 inches.
H.
Interior parking lot landscape. The parking lot interior is the area dedicated to parking on a given parcel from the edge of pavement to edge of pavement, and including any islands or medians. See Figure 535-24-4 for illustration of these requirements.
Figure 535-24-4 Interior Parking Lot Landscape |
 |
(1)
Intent: to provide shading of pavement surfaces to reduce heat island effects and to improve the appearance of parking lots by breaking up the large expanses of pavement with trees and landscaped islands.
(2)
Applicability. All off-street surface parking lots with more than 10 spaces and/or more than one drive aisle must meet the interior parking lot regulations.
(3)
Required landscape islands.
(a)
Terminal end islands. Landscape islands are required at the terminal ends of freestanding rows of parking. Freestanding rows of parking are those not abutting the parking lot perimeter or building face, and may have a single or double row of parking.
(b)
Row islands. For rows of parking with more than 10 spaces, a landscape island is required to result in no more than 10 continuous parking spaces in a row without a landscape island.
(c)
Island width. The minimum width for an island is five feet, measured perpendicular to the adjacent parking space, and the depth of the island is equal to the depth of the adjacent parking space.
[1]
Islands less than 15 feet in width must utilize a suspended pavement system per § 535-24D(4) under any paved surface within a tree's critical root zone equal to 50% of the mature canopy diameter.
[2]
Islands less than nine feet in width must install an aeration system and utilize permeable paving within the mature tree canopy area.
[3]
Islands must be either treated as landscape areas per § 535-24B or covered in the mulch or rock specified in § 535-24B(1).
(d)
Minimum number of trees. All of the following must be met for any interior parking lot.
[1]
Island trees. A minimum of one medium or large shade tree is required within each island.
[2]
Fifty-foot rule. Each parking space must be located within 50 feet of a tree.
[3]
Shading requirement. At maturity, tree canopies must shade a minimum of 30% of the interior of the parking lot. Refer to Table 535-24-2 for mature canopy sizes.
(4)
Landscape areas. Areas in the parking lot not specifically designed for use as drive aisles, parking spaces, loading, refuse, or sidewalks must be unpaved, landscape areas. The intent is to reduce pavement area to that which is required for a functioning parking lot.
I.
Screening of refuse and utility areas.
(1)
Intent: to reduce the visibility of open storage, refuse areas, and utility appurtenances from public areas and adjacent properties.
(2)
Applicability. All dumpsters, loading areas, refuse areas, mechanical equipment, and utility appurtenances must be screened as follows.
(3)
Location.
(a)
Refuse and recycling. See § 535-22D(5) for building type regulations, including allowed location of refuse and recycling areas.
(4)
Refuse areas.
(a) 
Figure 535-24-5
Screening of Refuse Area
Concrete pad. For all loading, refuse and recycling areas, a concrete pad is required.
(b)
Opaque screen. An opaque masonry, wood, or composite wood screen wall is required on at least three sides of the refuse area.
(c)
Screen height. The height of the screen wall must be tall enough to screen the use inside, and a minimum of six feet. During the design review process, the Design Review Board may request additional height as needed for complete screening.
(d)
Gate. An opaque gate is required on the fourth side.
(5)
Utilities.
(a)
Large private mechanical equipment.
[1]
Definition. Large private mechanical equipment includes ground-mounted equipment at least four feet in height.
[2]
Fence or wall. An opaque wood fence or brick-faced masonry screen wall is required on all sides facing a street right-of-way.
[3]
Shrubs. Planting beds consisting of a double row of mixed shrubs with a minimum mature width of 24 inches each, spaced no more than 36 inches on center, and a height maintained between 30 and 72 inches.
J.
Commercial outdoor lighting.
(1)
Purpose and intent. The purpose of this subsection is to provide for adequate and safe lighting; to limit light spillover and glare onto adjacent properties, public streets, and the night sky; and to reduce bird injury and mortality from in-flight collisions with buildings.
(2)
Applicability. Except as set forth in this subsection, all outdoor lighting installed or any interior lighting fixture that projects light outside the structure in the commercial and mixed-use districts after February 16, 2006, shall comply with the requirements of this subsection.
(3)
Permits and approval process.
(a)
Installation or modification of any hard-wired outdoor light fixture in commercial and mixed-use districts shall require an electrical permit.
(b)
On all developments or projects requiring site plan approval, all existing and proposed exterior light fixtures shall be depicted and described on a separate lighting plan, indicating the location of all lighting fixtures, mounting details, installation height in feet, and overall illumination levels (in footcandles) all around the site and at property lines.
(4)
General requirements.
(a)
Light fixtures shall be selected with care to ensure that they are appropriately scaled in relation to their setting and to ensure that they are of a style that is compatible with the character of their immediate environment.
(b)
Luminaires above 4,000 lumens shall be aimed, shielded, or located so as to minimize glare. All light fixtures shall be located, aimed, or shielded so as to eliminate stray light trespassing across property boundaries or light directed upward.
(c)
The maximum allowable average light spillover to an adjacent property shall be two footcandles, measured across three photometric points.
(5)
Light color. Correlated color temperature of any outdoor light source shall not exceed 2,200 Kelvins within the commercial and mixed-use districts unless the light fixture is fully shielded, preventing glare.
(6)
Automatic shut-off. Exterior light fixtures that are not necessary for safety, building entrances, or circulation shall automatically shut off from midnight until 6:00 a.m. Manual override capability may be provided for occasional after-hours use.
K.
River shorelands.
(1)
Findings of fact. Uncontrolled use of the shorelands and pollution of the navigable waters in the Village would adversely affect the public health, safety, convenience, and general welfare and impair the tax base.
(2)
(3)
Areas to be regulated.
(a)
Areas regulated shall include all the lands (referred to herein as "shorelands") in the Village which are located within the described boundaries:
[1]
South of Capitol Drive. The Milwaukee County Park System Trail to the east, East Capitol Drive to the north, the ordinary high-water mark of the Milwaukee River to the west, and Village limits to the south.
[2]
North of Capitol Drive. Estabrook Parkway Road, Village limits to the north, the ordinary high-water mark of the Milwaukee River to the west, and East Capitol Drive to the south.
(b)
The area regulated, generally described herein, is shown on a map dated October 1, 2006, that is maintained and available for inspection at the Village Hall. This map shall be known as the "Shoreland Zoning Map." "Ordinary high-water mark" means the point on the bank or shore up to which the presence and action of surface water are so continuous as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
(4)
Compliance. The use of any land or water, the size, shape and placement of lots, the use, size, type and location of structures on lots, the installation and maintenance of water supply and waste disposal facilities, the filling, grading, or dredging of any lands, the cutting of shoreland vegetation, and the subdivision of lots shall be in full compliance with the terms of the river shorelands regulations, and other applicable local, state or federal regulations. Buildings, signs and other structures shall require a permit unless otherwise expressly excluded by a provision of this § 535-24K. Property owners and their agents or lessees, including builders and contractors, are responsible for compliance with the regulations.
(5)
Permit.
(b)
The applicant shall reimburse the Village for all of the Village's costs and expenses, including professional and attorney fees, as may be incurred in reviewing the application.
(c)
If the permit application is disapproved, the Village shall detail in writing all deficiencies or reasons for disapproval.
(6)
Interpretation. In their interpretation and application, the provisions of this § 535-24K, shall be held to be minimum requirements and shall be liberally construed in favor of the Village of Shorewood and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes.
(7)
Certification by a professional engineer. Within the area regulated by this § 535-24K, a registered professional engineer hired by the owner of the lot shall certify to the Village that any grading or earthmoving, construction of footings, buildings or structures, the methods of construction and the materials used therein are adequate from an engineering standpoint so as not to:
(8)
Setbacks.
(a)
All setbacks are measured on a horizontal plane from the roof overhang and any cantilevered portions of the structure at the point of the structure that is nearest to the ordinary high-water mark or bluffline. Except as may be allowed under § 535-24K(8)(c) and (d), all buildings and structures shall be set back the greater of:
[1]
Twenty feet measured horizontally to the east from the bluffline;
[2]
Seventy-five feet as measured horizontally from the ordinary high-water mark; or
[3]
Such distance as not to adversely impact the stability of the bluff slope; sufficient distance from the bluff area as to prevent injury or damage to adjacent property; and sufficient distance from the bluff area to provide for the natural runoff of surface water or provide for an approved drainage according to applicable law.
(b)
The bluffline is defined as the line along the top of the bluff where the slope riverward is 12% or more as measured horizontally for a distance of not more than 50 feet or less than 25 feet. Portions of the bluffline defined herein have been surveyed and marked on the Shoreland Zoning Map dated October 1, 2006.
(c)
Conditional use permit application. Property owners and their agents and lessees, including builders and contractors, must apply for and obtain a conditional use permit under the procedures established in Article V of this chapter before commencing activities within the area between the river ordinary high-water mark and the setbacks described within § 535-24K,(8)(a), including:
[1]
Filling, excavation, alteration or modification of the land or modification to grade.
[2]
Removal of vegetation as described in §§ 535-24K(9) and 535-24K(11).
[3]
Temporary access uses when these described areas may be affected by construction or other activities in the adjacent area.
[4]
Construction of any building or structures.
(d)
Conditional use permit consideration. In considering an application for conditional use permit, the Plan Commission shall follow the process for review and approval established in § 535-31F, taking into account the purposes of this § 535-24K, as described in § 535-24K(2) and those standards contained in § 535-31F as may be applicable.
(9)
Shoreline cutting. Tree and shrubbery cutting is prohibited without a conditional use permit in the area bound by the ordinary high-water mark of the Milwaukee River and the bluffline described within § 535-24K(8)(b) or, in those portions where there is no bluffline, in the area 75 feet inward from the ordinary high-water mark.
(a)
The cutting of dead, diseased, or dying trees or shrubbery shall be subject to Village approval.
(b)
Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other native vegetation that is equally effective in minimizing runoff, preventing erosion and preserving natural beauty.
(c)
The removal of vegetation requires an application for a conditional use permit where the following information shall be provided:
[1]
Existing vegetation with a tree inventory of all trees larger than a four-inch diameter at breast height;
[2]
Identification of any species on the Wisconsin Department of Natural Resources' Natural Heritage Inventory Working List;
[3]
Proposed cutting and vegetation removal; and
[4]
Proposed maintenance, landscaping and replanting plan.
(10)
Shoreline grading. Any grading, excavation or filling in the area bound by the ordinary high-water mark of the Milwaukee River and the setbacks described within § 535-24K(8)(a) is prohibited without a conditional use permit.
(11)
Grading inland of the bluffline. Any grading within the area regulated by this § 535-24K, but inland of the bluffline described within § 535-24K(8)(b) shall require a permit and approval. In addition to the requirements of Chapter 250, Article I, Construction Site Erosion Control, of the Village Code the following conditions shall be met:
(a)
The smallest amount of bare ground shall be exposed for as short a time as feasible.
(b)
Temporary ground cover (such as mulch or jute netting) shall be used and permanent vegetative cover shall be established.
(c)
Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.
(d)
Bare ground shall be stabilized according to accepted engineering standards.
(e)
Grading shall comply with the County Floodplain Zoning Ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.
(f)
Grading shall comply with state and federal regulations pertaining to adverse impacts on wetlands.