(a)

Intersections of public streets.

(1)

Where two public streets intersect at grade level, the intersection shall be day-lighted by excluding all buildings, structures and other obstructions to view; including shrubbery and trees (except highway and street signs) from the triangles adjacent to the intersection described as follows: Bounded on two sides by the near boundaries of the intersecting streets and on the third side by a line drawn so as to intersect the street boundaries at points 35 feet distant from the point of intersection of the street boundaries at the corner.

(2)

In situations where trees of large diameter, large numbers of trees, or some combination of these are present, this subsection shall be construed to mean that a sufficient number of trees shall be removed to render an object such as a motor vehicle clearly visible across the vision clearance triangle from one street or road to another, the intent being to provide for the public safety; but it shall not necessarily be construed to mean that every tree in the vision clearance triangle must be removed.

(b)

Exception. In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.

(Code 1994, § 13-1-120)

(a)

Loading space requirements. On every lot on which a new business, commercial or industrial use is established after the effective date of the ordinance from which this chapter is derived, loading space with access to a public street or alley shall be provided as indicated in the following for the loading and unloading of vehicles off the public right-of-way:

(b)

Multiple or mixed uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.

(c)

Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets or require any vehicle to back into a public street.

(d)

Surfacing. All open off-street loading berths shall be improved with a compacted gravel base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.

(e)

Size. An individual loading space shall be at least 15 feet wide by 70 feet long and have a minimum high clearance of 16 feet.

(f)

Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

(g)

Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots, provided that the following conditions are fulfilled:

(1)

Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.

(2)

Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)

(3)

No zoning lot served shall be more than 300 feet removed from the central loading area.

(4)

The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.

(h)

Unlawful truck use. No truck or semitrailer, or part thereof, shall be used for the purpose of permanent storage of goods or material, or for advertising purposes within the city. Use for a period in excess of two weeks for the purpose of storage or advertising shall, for the purpose of construction of this section, be deemed permanent use in violation of this section.

(Code 1994, § 13-1-121)

The off-street parking provisions of this section shall apply to all buildings and structures erected after the effective date of the ordinance from which this section is derived, accessory parking shall be according to the provisions of this section; where an intensity of the use of any building structure or premises shall be increased, additional parking to match the increased intensity of use shall be provided; or wherever an existing building or structure is converted to a new use, parking shall be provided according to the requirements of the new use. All new nonresidential parking lots and all alterations of existing lots shall be subject to the approval of the administrator. Requests for such parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations. In all districts, there shall be provided at the time any use or building is erected, enlarged, extended or increased off-street parking stalls for all vehicles in accordance with the following:

(1)

Access. Each off-street parking space shall open directly upon an aisle or driveway designed to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(2)

Design standards. Each parking space shall not be less than 171 square feet in area, 19 feet in length and nine feet in width, exclusive of aisles and access drives. No parking area of more than two spaces shall be designed to require any vehicle to back into a public street. Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.

(3)

Location.

a.

All parking spaces required herein shall be located on the same lot with the building or use served or may be located not to exceed 400 feet from the principal use.

b.

Off-street parking is permitted in all yards of all districts except in the nondriveway front yards of single-family and two-family residence districts but shall not be closer than five feet to a nonresidential side lot line or rear lot line or closer than 15 feet to a right-of-way. No parking space or driveway, except in residential districts, shall be closer than 25 feet to a residential district lot line.

c.

Off-street parking in the single-family and two-family residence districts is permitted in the front yard in the driveway, even though closer than five feet to a side lot line, provided that the driveway conforms to the requirements in division 3, article VII of this chapter.

(4)

Surfacing. All off-street parking areas, except parking spaces accessory to a single-family dwelling, shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement). Any parking area for more than four vehicles shall have the aisles and spaces clearly marked. Compacted stone or gravel may be used only with the approval of the plan commission.

(5)

Landscaping.

a.

Accessory landscape area. All public and private off-street parking areas which serve four vehicles or more, are located within 15 feet of any lot line or public right-of-way and are created or redesigned and rebuilt subsequent to the adoption of the ordinance from which this chapter is derived shall be provided with accessory landscape areas totaling not less than ten percent of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet.

b.

Location. Location of landscape areas, plant materials and protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the zoning administrator.

c.

Plans. All plans for such proposed parking areas, at the discretion of the zoning administrator, shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.

d.

Special residential requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density or other effective means, built and maintained at a minimum height of four feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from such lot line. Such fence shall be located a minimum of one foot from the such lot line.

e.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residential districts.

f.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from adjacent properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.

g.

Street setback area. No parking shall be permitted between the street right-of-way line and the building setback line prevailing in the zone in which the proposed parking area is to be located unless preapproved by the plan commission. The resulting open area shall be planted in grass or otherwise landscaped to provide barrier between parking and lot line to prevent the parked vehicles from extending over any lot line. In any case where there is question as to parking requirements for a use of where such requirements are not specifically enumerated, the city inspector shall bring such case to the plan commission which body shall recommend the appropriate application of the parking requirements to the specific situation. Lots larger than one acre required to meet DNR stormwater requirements.

(6)

Curbs. Curbs or barriers shall be installed a minimum of four feet from a property line to prevent the parked vehicles from extending over any lot lines.

(7)

Number of stalls. Number of parking stalls required are shown in the following table:

(8)

Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply, as determined by the plan commission.

(9)

Computing requirements. In computing the number of spaces required, the following rules shall govern:

a.

Floor space shall mean the gross floor area of the specific use.

b.

For structures containing more than one use, the required number of spaces shall be computed by adding the space required for each use.

(10)

Combined uses. Combinations of any of the uses described in this section shall provide the total of the number of stalls required for each individual use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually, provided such uses are not operated during the same hours. The following conditions must be met for any joint use:

a.

The proposed joint parking space is within 500 feet of the use it will serve.

b.

The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.

c.

A properly drawn legal instrument approved by the common council, executed by the parties concerned, for joint use of off-street parking facilities shall be filed with the clerk-treasurer. Such instrument may be a three party agreement, including the city and all private parties involved. Such instrument shall first be approved by the city attorney.

(11)

Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in these ordinances, the provisions contained in Wis. Stats. §§ 101.13, 346.503 and 346.56, and any Wisconsin Administrative Code sections adopted pursuant thereto are adopted by reference and made applicable to all parking facilities whenever constructed.

(12)

Changes in buildings or use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 25 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50 percent or more in the floor area, such building or use shall then comply with the parking requirements set forth in the district in which it is located.

(13)

Off-lot parking.

a.

Required off-street parking spaces shall be located on the same lot with the principal use or such parking spaces may be located off-lot, provided that the parking spaces are located in the same district and not over 500 feet from the principal use. In cases where off-street parking facilities are permitted on land other than the same lot as the principal use, such facilities shall be in the same possession as the lot occupied by the use to which the parking facilities are necessary or in the possession of the controller of the principal use to which the parking facilities are accessory. Such possession shall be by deed whereby the owner of the land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the office of the county register of deeds requiring such owner, his heirs or assigns to maintain the required facilities for the duration of the use served.

b.

Off-lot parking spaces for residential uses shall be within 250 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within 400 feet of the entrance of the establishment.

c.

Accessory parking may be located in residential districts provided that such lots or property are immediately adjacent to a commercial, business or industrial zoning district.

d.

All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of ten feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.

(14)

Signs. Signs located in parking areas necessary for orderly operation of traffic movement shall be permitted in addition to others permitted in this chapter.

(15)

Reduction of parking areas. Off-street parking spaces shall not be reduced in number unless such number exceeds the requirement set forth in this section.

(Code 1994, § 13-1-122; Amd. of 11-8-2006; Amd. of 9-4-2012)

(a)

Generally. The city shall review applications based on the procedure found in section 86-59 of this Code and may recommend more restrictive setbacks or spacing. The city reserves the right to further restrict setbacks and driveway spacing based on the site plan review. The averaging provisions of section 86-14 of this Code shall apply.

Driveway spacing along the following highways shall use setbacks listed in this chapter for the zoning classification the property is in:

River Street (Hwy 63) from Beaver Brook Avenue to Poplar Street

Maple Street (Hwy 70) from First Street to Mavis Street

Scribner Street (Hwy K) from River Street to Division Street

(b)

Highway setbacks. For the purpose of determining the distance buildings and other structures shall be set back from highways, the highways within the city are divided into the following classes:

(1)

Class A highways.

a.

All arterial highways classified as expressways are hereby designated as class A highways.

b.

The setback from expressways shall be 190 feet from the center line of a two lane facility, or 190 feet from the center of the median of a divided facility, or 50 feet from the right-of-way line, whichever is greater.

(2)

Class B highways.

a.

All state highways not designated as class A highways.

b.

The setback from class B highways shall be 80 feet from the center line of such highway or 30 feet from the right-of-way line, whichever is greater.

(3)

Class C highways.

a.

All lettered county highways are hereby designated as class C highways.

b.

The setback from class C highways shall be 63 feet from the center line of such highway or 30 feet from the right-of-way line, whichever is greater.

c.

In the event a class A, B, or C highway traverses or passes on the edge of a major subdivision, the setback standard for that class highway shall apply.

(c)

Access. In each quadrant of every public street intersection there shall be a visual clearance triangle in compliance with section 86-801 of this Code. Nothing shall block the vision triangle from two and one-half feet above the ground to ten feet above the ground. Open fences, telephone, telegraph, and power transmission poles, field and forest crops excepted.

(1)

At highway intersections with transitional widening. At all intersections of highways with other highways provided with transitional widening of pavement or surfacing, such transitional widening shall be considered as additional width and the setback lines on the side which is widened shall be increased by an amount equal to the width of the additional pavement.

(2)

Access driveways and road spacing.

a.

Access driveways to highways from abutting properties shall comply with the following requirements:

1.

Class A highway. No access driveways are allowed.

2.

Class B highway. A recommended minimum distance of 500 feet spacing of highway frontage between access driveways for separate land uses. A minimum distance of 500 feet spacing access driveways may be located to the right-of-way line of an intersecting highway. Discretion shall be granted to the D.O.T. to permit driveway at a lesser setback. Also subject to Wis. Admin. Code Trans. 233.

3.

Class C highway. A recommended minimum of 300 feet spacing between access driveways; adjoining driveways permitted to accomplish same. A minimum distance of 300 feet spacing between access driveways and the right-of-way line of an intersecting highway. Discretion shall be granted to the county highway department and the city to permit driveway at a lesser setback.

b.

Where there are two or more lots in less than 500 feet of frontage on a class B highway, a service road of not less than 66 feet of right-of-way shall be provided across the entire frontage of each lot.

c.

The maximum number and width of access driveways to highways and service roads shall be as follows:

1.

Commercial and industrial land use driveways. A maximum of two access driveways with a maximum of 35 feet of width.

2.

Other land use driveways. A maximum of one access driveway with a maximum of 24 feet of width. The use of shared driveways may be required.

3.

Driveways shall be at least a minimum of 20 feet wide, unobstructed into the driveway to a height of 15 feet.

4.

See section 86-681 through 86-686 for further driveway requirements.

(Code 1994, § 13-1-123; Ord. of 6-18-2007)

Editor's note— The Ord. of June 18, 2007, changed the name of § 86-804 from freeway access to highway access.

(a)

Permitted areas. Unless the district regulations provide otherwise, off-street vehicle parking is permitted in the following yards of property in a residentially zoned district:

(1)

A rear yard.

(2)

A side yard not adjoining a street.

(3)

A front yard, but only on one paved or graveled driveway not exceeding 24 feet in width and for not more than three vehicles parked not nearer than five feet to a front property line or three feet to a side lot line.

(b)

Common council discretion. Regardless of the provisions of subsection (a) of this section, the common council may permit off-street vehicle parking in any yard of a residential development where the overall housing plan and design for such development, in the judgment of the common council, is substantially improved thereby, as compared to where off-street parking is limited by subsection (a) of this section, and where sole access from such development is to local and collector streets. In this subsection, the term "substantially improved" means a substantial increase in the value of the property. Such permission shall be granted only after a conditional use proceeding under division 3, article V of this chapter. No such permission shall be granted for any residential development which is adjacent to either a public right-of-way or other residences unless sufficient and suitable screening is provided to prevent, to as great a degree as practicable, direct view of such off-street parking areas from such adjacent areas.

(c)

Vehicle limitations.

(1)

In a residential district, accessory off-street parking facilities provided for uses listed in this section shall be solely for the parking of passenger automobiles of patrons, occupants or employees and not more than two trucks limited to one-ton capacity.

(2)

Only two vehicles licensed as trucks may be parked on a residential lot. Such vehicles are limited in size to a maximum of one-ton capacity.

(3)

All vehicles parked on a residential lot shall be in condition for safe and effective performance of the function for which they are designed.

(4)

All motor vehicles parked on a residential lot shall display current license plates.

(Code 1994, § 13-1-124)