The height and area requirements for the districts regulated by this chapter shall be as follows:

(1)

Those height and area requirements set out in schedule A, appended to this article; and

(2)

The limitations set forth in this article which sets forth the height limitations in feet above mean sea level for all structures and objects located upon properties located within a three-mile radius of the Richard I. Bong Airport.

In the event of any discrepancy between the height requirements set forth in subsections (a) and (b) of this section, the more restrictive requirements shall control.

(Zoning Ord. § 2A-20; Ord. No. O89-2486, 7-5-1989; Ord. No. O93-2703, 3-2-1993; Ord. No. O99-3178, 9-7-1999; Ord. No. O01-384, 4-17-2001)

(a)

The height regulations prescribed by section 122-663(1) shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator penthouses, air-conditioning penthouses, skylights, smoke stacks, conveyors, storage elevators, storage facilities and flag poles.

(b)

Subject to the restrictions of section 122-663(2), public, semi-public or public service buildings, hospitals, institution or schools, where permitted, may be erected to a height not exceeding 60 feet and churches and temples not exceeding 75 feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.

(c)

The limitation on the number of stories shall not apply to buildings used exclusively for storage purposes, provided that such buildings do not exceed the height in feet permitted in the district in which they are located.

(Zoning Ord. § 2A-21; Ord. No. O01-3284, 4-17-2001)

(a)

When 40 percent or more of the frontage on one side of the street between two streets which intersect such street is improved with buildings which have observed, with a variation of six feet or less, a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.

(b)

On lots having double frontage, the required front yard shall be provided on both streets.

(c)

An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than ten feet. An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a front yard for a distance not to exceed four feet.

(d)

Filling station pumps and pump islands may be located within a required yard, provided that they are not less than 15 feet from any street line and not less than 50 feet from the boundary of any residential district.

(e)

The ordinary projections of sills, belt courses, cornices, eaves, awnings, overhangs and ornamental features may extend to a distance not to exceed 18 inches into a required front yard.

(f)

In the M-1, M-2 and W-1 districts, if a lot is less than 250 feet in average depth, the required front yard shall be ten percent of the average depth of such lot, provided that in no event shall the front yard be reduced to less than ten feet.

(Zoning Ord. § 2A-22)

(a)

On a corner lot, the minimum, depth of the yard between the side street property line and the structure shall not be less than that shown in the table below:

provided, however, that the buildable width of a lot of record on April 11, 1988, shall not be reduced to less than 32 feet.

(b)

No accessory building shall project beyond a required yard line along any street.

(c)

Where dwelling units are erected above commercial establishments, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.

(d)

A porte-cochere, carport or canopy may project into a required side yard, provided that every part of such porte-cochere, carport or canopy is unenclosed, except for necessary structural supports, and not less than five feet from any side lot line.

(e)

For the purpose of side yard regulations, a two-family dwelling, multiple-family dwelling or townhouse dwelling shall be considered as one building occupying one lot.

(f)

Where a lot of record on April 11, 1988, is less than 50 feet in width, no side yard shall be less than five feet.

(g)

The ordinary projections of sills, belt courses, cornices, eaves, awnings, overhangs and ornamental features may extend to a distance not to exceed 18 inches into a required side yard.

(h)

Where no garage facilities are provided and the alley is not developed for access at the time the dwelling is constructed in an R-1-B or R-2 district, there shall be provided one side yard of a minimum of nine feet for a driveway and the other side yard shall have a minimum width of five feet.

(Zoning Ord. § 2A-23)

(a)

Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard.

(b)

Accessory buildings must meet the following standards:

(1)

May occupy not to exceed 30 percent of the area of a required rear yard;

(2)

No accessory building or private swimming pool shall be closer than ten feet to any dwelling or other main building which is located on adjacent property, no closer than five feet to any rear lot line, no closer than two feet six inches to any side property line, nor closer than 60 feet to the front property line;

(3)

On interior lots not abutting on a platted alley, an accessory building may observe an equal or greater distance to the front property line as provided by a principal structure if the accessory building provides the front and side yards required for dwellings in that district as per section 122-663;

(4)

Accessory buildings of 400 square feet or more will be required to obtain a survey from a licensed surveyor to be submitted with applications for building permits pursuant to section 122-42;

(5)

Yard sheds or storage sheds of 65 square feet or more in area shall be considered accessory buildings and must obtain a building permit pursuant to section 34-13. Yard sheds or storage sheds of less than 65 square feet in area on parcels with residential zoning are not regulated by the construction code but must meet all the requirements of the zoning code and must not become a public nuisance.

(c)

The ordinary projections of sills, belt courses, cornices, and ornamental features may extend to a distance not to exceed 18 inches into a required rear yard.

(d)

Open or lattice enclosed fire escapes, outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into a rear yard may project for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.

(e)

Unenclosed parking spaces may occupy not to exceed 90 percent of the area of a required rear yard.

(Zoning Ord. § 2A-24; Ord. No. O17-4003, § 1, 5-16-2017)

Where a lot of record on April 11, 1988, was held under separate ownership from adjoining lots and has less area or width than required by this article, such lot may nonetheless be used for a one-family dwelling or for any nondwelling use permitted in the district if it has a width of 33 feet or more; provided that a lot held under separate ownership from adjoining lots prior to April 11, 1988, may nonetheless be used for a one-family dwelling if it has a width of 25 feet or more.

_____

SCHEDULE A

⁽¹⁾ No side yard required, except that a side yard of not less than seven feet shall be provided on the side of a lot abutting a residential district.

⁽²⁾ No side or rear yard required, except that a side yard of not less than seven feet and rear yard of not less than 25 feet shall be provided on the side or rear of a lot abutting a residential district.

⁽³⁾ Whenever any building in an M-1 or M-2 district adjoins or abuts a residential district, such building shall not exceed three stories or 40 feet in height unless it is set back one foot from the required side and rear yard lines for each foot of additional height above 40 feet.

⁽⁴⁾ If average depth of the lot is less than 250 feet, the minimum front yard depth required is ten percent of the average lot depth, but not less than ten feet.

⁽⁵⁾ No lot of record contained in 5,000 square feet or less shall be used except for a single-family dwelling or a permitted nondwelling use.

⁽⁶⁾ To be computed so as to include any highway easements or parts thereof within the original parcel of land.

⁽⁷⁾ The 120-foot maximum height of buildings can be increased one additional foot for each one foot of additional setback that the building is set back from the nearest property line.

⁽⁸⁾ A side yard of not less than 25 feet shall be provided on the side of a lot abutting a platted street.

(Zoning Ord. § 2A-25)

_____

To reduce the impacts to residential zoning districts, where any commercial zoning district abuts any residential zoning district, a permitted commercial use for that district is allowed subject to the following performance standards:

(1)

No alley access for employees, patrons, or deliveries is permitted; only garbage pick-up will be allowed in the alley.

(2)

Screening. The property abutting a residential zoning district shall be screened with a six-foot high opaque fence, vegetative screen, or berm located no closer than five feet to the property line abutting the residential zoning district.

(3)

Any exterior lighting shall be minimized and downlit as to not project light as glare to the surrounding properties; no lighting will be allowed on the rear of the building

(4)

If applicable, all other permits will be required before the operation of the commercial use is permitted.

(5)

Building signage shall comply with the local sign code; no signage will be allowed on the rear of the building.

(6)

Run-off shall be controlled as to not impede on surrounding residential or commercial properties.

(7)

Upon any change of land use, the parties involved shall comply with the applicable performance standards outlined above.

(Zoning Ord. § 2A-25.1; Ord. No. O03-3426, 6-3-2003)

(a)

Purpose. It is the purpose of this section to provide for the protection and improvement of the surface waters and streams within the City of Superior, Lake Superior, and the watersheds contained wholly or partially within the city. These regulations and standards are intended to lead to the establishment and protection of natural areas along the city's surface waters to provide improved protection for water quality and the provision of open space areas and aquatic habitat.

(b)

Stream buffers.

(1)

Applicability. The requirements of this section shall apply to

a.

All land within 50 feet horizontal distance of the edge of channel of the St. Louis River and associated bays;

b.

All land within 50 feet horizontal distance of the edge of channel of any minor stream or river;

c.

All land within 50 feet of the high water elevation of Lake Superior and St. Louis River, which for the purposes of these regulations shall be 600.7 feet above mean sea level datum, where such lands are not under the jurisdiction of the Wisconsin Public Trust Doctrine.

(2)

General standards. It is the objective of these standards to promote the establishment of native or other suitable vegetation and trees along the city's waterways in order to reduce the impact of stormwater runoff, reduce sedimentation, and improve aquatic habitat. Therefore, except as specifically appealed to and permitted by the plan commission and ultimately the common council, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows:

a.

The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is allowed only in conjunction with project approval pursuant to subsection (b)(3) or (4) below.

b.

Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a native mix of plants rather than standard lawn grass, and shall not be mowed.

c.

The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations.

d.

Snow storage areas designated pursuant to site plan or conditional use review shall not be located within stream buffers unless the applicant can demonstrate that there is no reasonable alternative location for snow storage on the same property, and that the snow storage area will be sited, planted or managed in a manner that reduces the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt.

e.

The placing or storing of cut or cleared trees and other vegetation within the stream buffer is prohibited.

(3)

Expanded uses and structures within stream buffers.

a.

Expansion of pre-existing structures within stream buffers. The expansion of pre-existing structures within stream buffers, except as provided in below, shall be allowed provided the requirements of the underlying zoning district and the following standards are met:

1.

The structure to be expanded or reconstructed was originally constructed on or before the approval date of this division. For purposes of these regulations, expansion may include the construction of detached accessory structures including garages and utility sheds.

2.

The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure.

3.

The total building footprint area of the expanded or reconstructed structure shall not be more than 50 percent larger than the footprint of the structure lawfully existing on approval date of this division. For purposes of these regulations, reconstruction may include razing the existing structure and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section.

4.

An erosion control plan for construction is submitted by a qualified professional detailing controls that will be put in place during construction or expansion to protect the associated surface water.

5.

A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the public works department finds that the overall plan will provide a vegetative buffer for the lake and/or stream.

(4)

New uses and encroachments within stream buffers. The plan commission and ultimately the common council may authorize the following uses within stream buffers, subject to the standards and conditions enumerated for each use.

a.

Agriculture, horticulture and forestry, provided that any building or structure appurtenant to such uses is located outside the stream buffer.

b.

Clearing of vegetation and filling or excavating of earth materials, only to the extent directly required for the construction or safe operation of a permitted or special use on the same property and where the purposes of this section will be protected through erosion controls, plantings, protection of existing vegetation, and/or other measures.

c.

Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare.

d.

Encroachments necessary for providing for or improving public facilities.

e.

Public recreation paths, boat launches, and similar facilities for recreation and water access, provided measures for erosion control, planting, and protecting existing vegetation are incorporated.

f.

Stormwater best management practices fully compliant with applicable city and Wisconsin DNR permit requirements.

g.

Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least 25 feet from the edge of the channel of the surface water for all navigable waters pursuant to Wis. Stats. §§ 281.31(2)(d), 59.692, and Wis. Adm. Code Ch. NR 115.

h.

Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services.

i.

Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer.

j.

Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer.

k.

Hydro-electric power generation.

(c)

Bluff buffers.

(1)

Applicability. New improvements on lots having a bank or bluff fronting navigable waters following the ordinance.

(2)

Setback. The required shoreline setback shall be 75 feet back from the top edge of the bank or bluff, and if a lot is located in an area of active or potential erosion a greater setback may be required as determined by the planning department or a duly designated agent, based on projected shoreland recession rates.

(3)

Removal of shoreline cover. The cutting of trees and shrubbery shall be regulated to protect scenic beauty, control erosion and reduce the flow of effluents and nutrients from the shoreland. In the strip 35 feet inland from the bluff edge, no more than 30 feet in any 100 feet shall be clear cut. In other areas, tree and shrub cutting shall be governed by consideration of the effect on water quality and should be in accord with the accepted management practices. Natural shrubbery shall be preserved as far as practicable.

(4)

Encroachment into the required shoreline setback may be allowed after review by the planning department, public works department, plan commission and ultimately the common council, provided the property owner provides engineered plans to stabilize the bank or a professional report declaring the recession rate to be insignificant.

(Ord. No. O19-4168, § 1, 9-17-2019)

(a)

Purpose. It is the purpose of this section to provide appropriate protection of the city's wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control.

(b)

All wetland areas within the City of Superior, whether identified on wetland maps or through a wetland delineation, and a buffer area 50 feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section.

(c)

Review for potential wetland impacts required. For any permit application for land disturbance, expansion or placement of a structure, the public works department shall review the application to determine whether wetlands or wetland buffer areas may be present on the affected site. Applicants for subdivision, conditional use or site plan approval on sites containing wetlands or wetland buffers are encouraged to submit a wetland delineation report as early in the permit review process as possible.

(d)

Standards for wetlands protection.

(1)

No permits shall be issued for a project that will incur temporary or permanent impacts to a wetland, unless the project has obtained authorization under a wetland general permit or wetland individual permit issued by the Wisconsin Department of Natural Resources, and if applicable, federal authorization under section 10 of the Rivers and Harbors Act or section 404 of the Clean Water Act.

(2)

Projects that will incur temporary or permanent impacts to wetlands that are eligible for permitting under the Superior Special Area Management Plan (SAMP) must obtain a valid wetland permit through that city program prior to incurring any wetland impacts. A permit obtained through the SAMP program also conveys federal and state authorization as described under subsection (1) above. An exception applies for projects that will impact both wetlands that are eligible and wetlands that are not eligible for permitting under the SAMP program. In those cases the project must obtain authorization as described under subsection (1) above; no SAMP permit is required for such projects.

(3)

Encroachment into wetland buffer areas may be permitted by the public works department upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection:

a.

The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters;

b.

The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards;

c.

The impact of the encroachment(s) on the specific wetland buffers as identified in the wetland delineation report is avoided and/or minimized using appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures to the extent practicable.

(e)

Where questions arise as to the location, classification, or functions or values of a wetland area, the city shall have the authority to require the applicant to pay for technical review by a qualified wetland consultant. The consultant selected shall submit to the city a wetland delineation report, and any supporting information, addressing the proposed development's consistency with the standards in subsection (d) above, and outlining the following:

(1)

Measures that can be taken to avoid wetland impacts to the extent practicable.

(2)

Measures that can be taken to minimize wetland impacts to the extent practicable.

(Ord. No. O19-4168, § 1, 9-17-2019)

(a)

The regulations contained in this division and the schedule of off-street parking and loading spaces, appended to this article, shall be used to determine required parking and loading spaces.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Loading space means a dustless, durable, concrete or asphalt, hard surfaced area of adequate size for the delivery vehicles expected to be used, logically and conveniently located for bulk pickup and delivery, readily accessible when required parking spaces are filled, which shall be located totally outside of any street or alley right-of-way.

Parking space means a dustless, durable, concrete or asphalt, hard surfaced area adequate for parking an automobile with room for opening doors on both sides, together with a clear, properly related access to a public street or alley and maneuvering room, which shall be located totally outside of any street or alley right-of-way. A dustless, durable, concrete or asphalt, hard surface shall not be required of single-family housing. (Also see section 122-1, definitions.)

(Ord. No. O19-4126, § 1, 1-15-2019)

(a)

All parking spaces required by this article shall be located on the same lot with the building or use served; except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.

(b)

In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and execution by the city attorney, and shall be filed with the application for a building permit.

(Ord. No. O19-4126, § 1, 1-15-2019)

Off-street parking space may be located within the front yard of any C or M district, but no off-street parking shall be permitted in the required front yard of any R district. This section does not prohibit parking in a driveway primarily for access to the dwelling or garage.

(Ord. No. O19-4126, § 1, 1-15-2019)

Off street parking spaces in C or M districts located adjacent to any R district shall be visibly screened from residential properties by a berm, vegetation and/or solid fencing at least four feet in height. Said berm, vegetation or solid fencing shall be placed a least three feet from property lines where abutting an R district. Driving lanes serving businesses in C or M districts that are located adjacent to any R district shall be placed at least ten feet from property lines. Driving lanes are defined as lanes that provide general circulation to parking areas.

(Ord. No. O19-4126, § 1, 1-15-2019)

(a)

Interpretation.

(1)

Parking spaces for other permitted or conditional uses not listed in this section shall be determined by the office of planning and development.

(2)

Parking and loading spaces which were in existence on the effective date (September 6, 1977) of this section or were provided voluntarily after such date shall not hereafter be reduced in number except to conform to the requirements herein.

(3)

Parking and loading spaces shall be used solely for the intended use and not for the storage of goods, or of vehicles which are inoperable, for lease, rent or sale.

(b)

Definitions.

Loading space means a dustless, durable, concrete or asphalt, hard surface area of adequate size for the delivery vehicles expected to be used, logically and conveniently located for bulk pickup and delivery, readily accessible when required parking spaces are filled, which shall be located totally outside of any street or alley right-of-way.

Parking space means a dustless, durable, concrete or asphalt, hard surface area adequate for parking an automobile with room for opening doors on both sides, together with a clear, properly related access to a public street or alley and maneuvering room, which shall be located totally outside of any street or alley right-of-way. A dustless, durable, concrete or asphalt, hard surface shall not be required of single-family housing.

(Ord. No. O19-4126, § 1, 1-15-2019)

(Ord. No. O19-4126, § 1, 1-15-2019)

Buffers provide transition and physical barriers between properties of differing land uses to reduce the effects of sight, sound and other incompatibilities. The creation of districts in itself does not sufficiently protect adjoining properties from possible detrimental influences.

(Zoning Ord. § 2A-30.10; Ord. No. O05-3551, 11-1-2005)

(a)

Conditions requiring a buffer. Any lot in a commercial or manufacturing district abutting any residential district shall be buffered.

(b)

Burden of providing buffers. In all cases, the entire burden of providing the buffer shall be on the owner of the commercial or manufacturing property. Where lots in two different districts, requiring a buffer between them, are both in an existing improved condition, the requirements of the chapter are not retroactive. However, in the event that any or all of the commercial or manufacturing improved property is destroyed or demolished for the purpose of renewal, redevelopment or improvement, that portion of said property shall be subject to the requirements of this division.

(c)

General buffer requirements.

(1)

No part of any required buffer shall be used for parking, storage, loading, locating refuse containers, or any similar activity which may create a nuisance.

(2)

Buffers shall be properly maintained to satisfy the intended purpose in perpetuity.

(3)

Landscape plantings should consist of a mix of trees and shrubs along with other plantings and fencing sufficient to provide year-round screening. Landscape plantings shall be reasonably dispersed throughout the required buffer, with the planting plan modified as needed to accommodate co-design with bioretention or other stormwater management measures designed to reduce runoff. No fruit bearing trees shall be used. Invasive plants listed as restricted or prohibited under DNR Chapter NR40 shall not be used.

(4)

Buffers shall be located on the entire common perimeter between the contrasting districts, and extend to the lot lines.

(5)

Where the line between two districts requiring a buffer follows a public street right-of-way, stream or other similar barrier, the requirement for a buffer area may be waived by the plan commission, provided that such waiver does not permit the exposure of undesirable characteristics of land use to the public view.

(d)

Buffer methods. Buffers required in this chapter shall be accomplished by any one or approved combination of the following options:

(1)

Lots platted after the effective date of the ordinance from which this chapter is derived.

a.

A buffer yard of 60 feet in width that includes a planting schedule equivalent to one overstory (or evergreen) tree and three shrubs per 35 linear feet of buffer; or

b.

A buffer yard of 30 feet in width that includes a planting schedule equivalent to one overstory (or evergreen) tree, two ornamental trees and six shrubs per 35 linear feet of buffer.

(2)

Existing lots platted prior to the effective date of the ordinance from which this chapter is derived. A buffer yard of 15 feet in width that includes a planting schedule with a combination of plantings and fencing equivalent to a continuous row of overstory, evergreen and ornamental trees that effectively provides a solid visual barrier. For existing lots platted prior to the effective date of the ordinance from which this chapter is derived that can provide evidence that the buffer required by this section would render the property unbuildable, the common council may grant a waiver of the requirements. In such instances, the common council may require the installation of a combination of landscaping with a solid fence or wall to meet the intent of this chapter. The fence or wall shall be six feet in height and shall be constructed of a permanent, low maintenance material such as brick, stone, textured concrete, tile block, cedar, or other similar materials determined appropriate by the plan commission. The face of the fence or wall should be equally attractive on both sides of the structure. Provisions for landscaping to soften the visual appearance of the structure and to provide additional buffering, along with the integration of plantings to reduce runoff, may be required by the plan commission and shall be reviewed on an individual case basis.

(Zoning Ord. § 2A-30.11; Ord. No. O05-3551, 11-1-2005; Ord. No. O19-4146, § 1, 5-7-2019)

(a)

Mechanical units. For all new development or redevelopment, all ground-mounted mechanical units, including, but not limited to, air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment and any other related utility structures and equipment that are visible from any adjacent public thoroughfare shall be visibly screened from public view by the use of a screening wall built of materials compatible and consistent with the materials of the principal building, landscape plantings of predominately evergreen type trees and shrubs to provide year-round screening; permanent earthberming or a combination of the above.

(b)

Trash dumpsters and receptacles. The City of Superior recognizes that trash receptacles and dumpsters can be a source of bacteria and trash pollution conveyed to the city's streets, storm drains and waterways when not properly sited, constructed and managed. All trash receptacles and dumpsters shall be subject to the following standards:

(1)

Trash receptacles and dumpsters shall have secure, fully functional lids to exclude rainwater, snow, and animals, and shall be screened on all sides by the use of a permanent enclosure, with locking gates for disposal truck access.

(2)

The enclosure shall be constructed to visibly screen the receptacle from public view and from adjoining properties.

(3)

The enclosure area shall be sited in a manner that prevents the discharge of runoff into storm drains or surface waters, through any effective combination of curbing, sheet flow through a properly designed vegetated area, use of permeable surfacing with sufficient base course to allow infiltration, or where specifically approved by the environmental services department, discharge to a properly designed sanitary sewer inlet.

(4)

Grading and drainage review for all dumpster areas shall be performed by the public works department prior to issuance of a building permit.

(c)

Outdoor storage and loading areas. Any outdoor storage area or loading area that is visible from any public thoroughfare or any residential use shall be visibly screened from public view and adjoining properties with any combination of fencing, landscape plantings that are predominantly evergreen type trees and shrubs to provide year-round screening, or the use of a screening wall built of materials compatible and consistent with the materials of the principal building. All outdoor storage areas shall be reviewed for grading and drainage to ensure that no contaminated runoff from the storage area reaches storm drains or surface waters. Grading and drainage review for all outdoor storage areas shall be performed by the public works department prior to issuance of a building permit.

(Zoning Ord. § 2A-30.12; Ord. No. O05-3551, 11-1-2005; Ord. No. O19-4146, § 1, 5-7-2019)

(a)

Purpose. The purpose of parking lot landscaping requirements are as follows:

(1)

Aesthetic and improved design. Improve the aesthetic appearance and overall community design of the city to enhance the natural and built environments.

(2)

Public safety. Ensure that pedestrians and vehicles can safely use the parking lot.

(3)

Stormwater run-off retention. The inclusion of landscaping and vegetated stormwater management controls (biorentions) reduces heat and provides a natural filter for rainwater thus lessening the burden on the city sewer system.

(b)

Applicability. The requirements of this section shall apply to any new development or redevelopment exceeding 51 percent of the property value. Existing uses that expand, enlarge or reconfigure the building and/or parking lot are exempt from these requirements regardless of the size of the expansion. If an existing building is reconstructed/rebuilt, the requirement of this section shall be met.

(c)

Exemptions. The following are exempt from the requirements of this section:

(1)

Any off-street parking exclusively used for a single-family detached or single-family attached use; and

(2)

Any parking ramp and covered parking area.

(d)

Submittal requirements for all parking lots.

(1)

Landscape plan—Required. A landscape plan for all parking lots regardless of size shall be prepared and submitted to the city for review and approval for any landscaping, buffer, or screening required by the city.

(2)

Same—Preparation. To encourage landscape plans to be thoughtfully arranged so site elements are artfully and technically organized in a way that conveys meaning, coherence and spatial organization, a qualified individual or organization as acceptable to the planning director, shall prepare the landscape plan.

(e)

Approval procedure.

(1)

Prior to the issuance of any building permit, all required landscape plans shall be reviewed and approved by the planning director. No landscaping plan shall be approved unless it conforms to the requirements of this chapter, except as noted elsewhere in this chapter.

(2)

All landscaping areas shall be provided and all landscape materials shall be installed consistent with the approved landscaping plan, prior to the issuance of a certificate of occupancy.

(f)

Parking area minimum landscaping requirement. A landscape area shall be required along the full length of any side of a parking area that abuts any adjoining property (front, rear, side yard lot lines). The landscape area shall be provided between the parking area and the property line, and shall have a minimum width of five feet. The landscaped area shall include a combination of deep-rooted plantings, native sod, grasses or ground cover, shrubs, trees and other similar planting or ground cover material acceptable to the city. Invasive species listed under DNR chapter NR40 shall not be used. Bioretention areas or vegetated swales (designed in accordance with Wisconsin DNR Technical Practice Standards and approved by the environmental services department) shall be accepted as landscaped areas. Landscape plantings shall be reasonably dispersed throughout the required landscape areas to achieve overall visual benefit, and to incorporate stormwater management measures. All parking lots shall have curbing of acceptable materials to the city around the perimeter of the parking lot, with breaks as required to provide for stormwater inflow. See also section 122-702.

(g)

Additional parking area landscaping requirements for larger parking lots. Parking areas consisting in their entirety of 25 or more parking spaces shall be required to provide the additional landscaping treatments in this subsection in addition to the five feet minimum landscaping requirement noted in the previous subsection.

(1)

Curbed entrance aisles shall be placed on both sides of all entrance drives and access roadways from the public street system to direct vehicles in and out of the site.

(2)

Large parking areas shall be divided into smaller parking fields of no more than 200 parking stalls. The size of these parking fields is dependent upon the overall size of the parking lot, the number of entrance roads, the number of commercial uses, and other site-specific factors. Each parking lot landscaping plan shall include design elements to address how pedestrians will be separated from vehicular traffic, how public sidewalks shall be linked to the development, how traffic will be properly managed and controlled and how interior landscaping can be included to improve the visual appearance. An effort shall be undertaken to include some overstory and ornamental trees in the parking lot landscaping plan.

(3)

The end of every parking aisle shall have a landscaped island. This island shall be landscaped in accordance with this section.

(4)

Every parking lot plan shall contain a method acceptable to the city to control diagonal traffic movement through the parking lot at places other than the designed rows. This may be accomplished through planter strips or medians every three to six rows and pedestrian walkways. The purpose of this is to protect the public safety of vehicles and pedestrians.

(5)

Landscaped areas shall include a combination of deep-rooted plantings, native sod, grasses or ground cover, shrubs, trees and other similar plantings or ground cover material acceptable to the city. Invasive species listed under DNR chapter NR40 shall not be used.

(6)

Landscape strips, aisles, and medians shall maintain a minimum width of five feet and landscape areas located parallel to parking stalls shall maintain a minimum width of nine feet to ensure adequate area for the opening of vehicle doors. All landscape areas within the parking lot shall include sufficient area to ensure proper growth and protection of the landscaping materials planted therein. Any trees planted in landscaped islands shall be planted with a minimum of two cubic feet of soil per one square foot of anticipated tree canopy at maturity.

(7)

All snow storage areas shall be clearly indicated on the landscape plan. Snow storage shall not be permitted in an area designed to provide stormwater treatment and control, whether as indicated on a landscape plan or approved as part of a stormwater management plan, without the approval of the environmental services department.

(h)

Drive-through speaker usage adjacent to residentially used/zoned properties.

(1)

"Adjacent to" applies to sharing a property line with or located across an alley to a residentially used/zoned property.

(2)

The speaker box and drive-through window must be at least 50 feet from any property line containing a residential structure, and where possible face away from any residential structures.

(3)

Drive-through shall not operate before 7:00 a.m. or after 10:00 p.m. during the weekday, or before 8:00 a.m. or after 10:00 p.m. on the weekend. Drive-through may operate at 6:00 a.m. during the weekday and 7:00 a.m. on the weekend only if all the speaker boxes and drive-through windows are at least 125 feet from any residential structure, or 11:00 p.m. on Friday and Saturday if all speaker boxes and drive-through windows are at least 250 feet from any residential structure, excluding any residential use or structure on the same property or within the same development.

(4)

Use of sound attenuation walls, fencing, and landscaping shall be required at the discretion of the planning director for their buffering requirements.

(Zoning Ord. § 2A-30.13; Ord. No. O05-3551, 11-1-2005; Ord. No. O19-4146, § 1, 5-7-2019; Ord. No. O22-4274, § 1, 6-7-2022)

(a)

Any required landscaping shall be in place at the time an occupancy permit is approved. Should completion of landscaping be delayed because of the season of the year, a temporary occupancy permit may be issued if the developer posts a bond or other acceptable guarantee in the amount of the landscaping as completed. When filing a site plan, a developer may submit a list of alternate and substitute species from the permitted or established list to be used should the preferred material not be available when needed and required. However, in no case shall materials, soils, or plantings be substituted in an area designed to provide stormwater treatment and control, whether as indicated on a landscape plan or approved as part of a stormwater management plan, without the approval of the environmental services department.

(b)

All landscaping, buffering and screening shall be maintained at all times to conform to the regulations established in this division.

(Zoning Ord. § 2A-30.14; Ord. No. O05-3551, 11-1-2005; Ord. No. O19-4146, § 1, 5-7-2019)

The purpose of this division is to regulate outdoor lighting in order to reduce or prevent light pollution. This means to the extent reasonably possible the reduction or prevention of glare and light trespass, the conservation of energy, and promotion of safety and security.

(Ord. No. O06-3575, § 1(2-30.40), 4-4-2006; Ord. No. O07-3630, §1(2-30.4), 9-4-2007)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accent lighting means any directional lighting which emphasizes a particular object or draws attention to a particular area.

Disabling glare means lighting that impairs visibility and creates a potentially hazardous situation for either pedestrians or motorists as determined by the chief building inspector.

Glare means the brightness of a light source that causes eye discomfort.

Lamp or bulb means the light-producing source installed in the socket portion of a luminaire.

Light pollution means general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky as determined by the chief building inspector.

Light trespass means light emitted by a luminaire that shines beyond the property on which the luminaire is installed as determined by the chief building inspector.

Luminaire or fixture means a complete lighting unit including the lamps or bulbs, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

Nuisance glare means light that creates an annoyance or aggravation but does not create a potentially hazardous situation as determined by the chief building inspector.

Shielding means no light rays are emitted by a fixture above the horizontal plane running through the lowest point of the fixture where light is emitted.

Spotlight or floodlight means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

(Ord. No. O06-3575, § 1(2-30.41), 4-4-2006; Ord. No. O07-3630, §1(2-30.41), 9-4-2007)

(a)

All outdoor lighting fixtures installed on private and public property after the effective date of the ordinance from which this division is derived shall comply. This division does not apply to interior lighting. However, overly bright inside light emitted outdoors from any structure will be subject to control by this division if it is determined by the code administrator that it creates a nuisance glare or a disabling glare as defined by this division.

(b)

All outdoor lighting fixtures existing and legally installed and operative before the effective date of the ordinance from which this division is derived are relieved from these requirements unless they are determined to create a nuisance glare or a disabling glare as defined by this division by the chief building inspector. If an existing fixture is determined to be a nuisance, the owner will be given until December 31, 2007, to comply with this division. When existing lighting fixtures become inoperable, their replacements are subject to all the provisions of this division.

(c)

When an existing fixture is replaced, the replacement fixture shall meet the requirements of this division. Modifications to nonconforming fixtures in historic districts shall also comply with this division.

(d)

Compliance with this division shall be administered by the city planning department and building inspection division.

(e)

In the event of a conflict with any other section of this division, the more stringent requirement shall apply.

(Ord. No. O06-3575, § 1(2-30.42), 4-4-2006; Ord. No. O07-3630, §1(2-30.42), 9-4-2007)

The following are exempt from the provisions of this division.

(1)

Traffic control signals and devices.

(2)

Street lights installed prior to the effective date of the ordinance from which this division is derived.

(3)

Temporary emergency lighting (i.e. fire, police, repair workers).

(4)

Moving vehicle lights.

(5)

Navigation lights (i.e. airports, heliports, radio/television towers).

(6)

Lighted signs that conform with the city's sign ordinance (chapter 6, article II of this Code).

(7)

Seasonal decorations with individual lights in place no longer than 60 days.

(8)

Sports field outdoor lighting (i.e. ball fields, football, soccer, ice rink, etc.).

(9)

Other special situations approved by the city for temporary or periodic events (i.e. rodeos, revivals, fairs, fiestas, carnivals, night-time construction).

(10)

Covered porch lighting on single-family or multifamily homes provided that each outdoor light fixture does not exceed 150 watts (2,220 lumens output).

(11)

Security lights of any wattage that are controlled by a motion-sensor switch and which do not remain on longer than ten to 12 minutes after activation.

(Ord. No. O06-3575, § 1 (2-30.43), 4-4-2006; Ord. No. O07-3630, §1(2-30.43), 9-4-2007)

(a)

Applications for building permits or applications for review by the planning department and building inspection division which includes the installation of outdoor lighting fixtures for new construction, shall provide evidence of compliance with the requirements of this division and the Wisconsin Enrolled Commercial Building Code, International Energy Conservation Code Subsection 3 Part 5 Comm 63.1040 through Comm 63.1043. The submittal shall contain the following information and submitted as part of the site plan to the planning department and building inspection division:

(1)

Plans indicating the location, type, and height of luminaries including both building and ground-mounted fixtures;

(2)

A description of the luminaries, including lamps, poles or other supports and shielding devices, which shall be provided as catalogue illustrations from the manufacturer;

(3)

Photometric data, such as that furnished by the manufacturer, showing the angle of light emission; and

(4)

Additional information as may be required by the planning and zoning department in order to determine compliance with this division.

(b)

Applications for single/multifamily residential or other projects where any single outdoor light fixture not used for landscaping or foliage illumination exceeds 150 watts (2,220 lumens output) shall be required to comply with subsection (a) of this section.

(Ord. No. O06-3575, § 1 (2-30.44), 4-4-2006; Ord. No. O07-3630, §1(2-30.44), 9-4-2007)

The following general standards shall apply to all outdoor lighting installed after the effective date of the ordinance from which this division is derived, which is not exempted above:

(1)

Outdoor lighting must be hooded, shielded, and/or aimed downward.

(2)

The hood or shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, with no escaping light permitted to contribute to sky glow by shining upward into the sky.

(3)

Any bright light shining onto adjacent property or streets which would result in a nuisance glare or a disabling glare shall not be permitted. Light trespass beyond property boundaries or above the horizontal plane shall be considered noncompliant.

(4)

Existing fixtures may be adapted to comply with this ordinance by adding a properly designed hood or shield, or by pointing any upward-mounted, shielded fixture downward onto the ground surface.

(5)

All outdoor lighting fixtures shall be designed, installed, located and maintained such that nuisance glare onto adjacent properties or streets shall be minimized and all direct illumination kept within the boundaries of the fixture owner's property.

(6)

This section may be enforced on the basis of a formal complaint filed in writing with the planning department or building inspection division.

(7)

Accent lighting, when so approved, shall be directed downward onto the building or object and not toward the sky or onto adjacent properties. Direct light emissions shall not be visible above the roof line or beyond the building edge. Spotlighting on landscaping and foliage shall be limited to 150 watts (2,220 lumens output per light). The lamp shall be shielded and not create a disabling or nuisance glare.

(Ord. No. O06-3575, § 1 (2-30.45), 4-4-2006; Ord. No. O07-3630, §1(2-30.45), 9-4-2007)

(a)

Service station canopies and parking structures.

(1)

Shielding. All luminaires mounted on or recessed into the lower surface of service station canopies and parking structures shall be fully shielded and utilize flat lenses.

(2)

Total under-canopy output. The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 215 lumens per square meter (20 lumens per square foot) not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy, any lighting within signage or illuminated panels over the pumps, and is to be included toward the total at full initial lumen output.

(3)

Lumen output of lamps mounted on or within the lower surface of a canopy. The lumen output of lamps mounted on or within the lower surface of a canopy is included toward the lumens per acre according to the method defined in subsection (a)(2) of this section. Other lighting located under a canopy but not mounted on or within the lower surface is included toward the lumen caps at full initial output.

(b)

Generally. All lighting not directly associated with the special use areas above shall conform to the lighting standards described in this division, including but not limited to the lamp type and shielding requirements and the lumens limits.

(Ord. No. O07-3630, §1(2-30.46), 9-4-2007)

The city reserves the right to further restrict outdoor lighting, including but not limited to searchlights for special events, quartz lighting, laser lights, pole height, and level of illumination, when it is deemed to be in the best public interest in keeping with the stated purpose of this division.

(Ord. No. O06-3575, § 1(2-30.46), 4-4-2006; Ord. No. O07-3630, §1(2-30.47), 9-4-2007)

Any violation of the provisions of this division shall constitute an offense, and upon conviction thereof, shall be punishable by a fine not to exceed $300.00 for each 24-hour period during any portion of which any violation of this division is committed or continued to exist shall constitute a separate offense.

(Ord. No. O06-3575, § 1(2-30.47), 4-4-2006; Ord. No. O07-3630, §1(2-30.48), 9-4-2007)