Vernon City Zoning Code
ARTICLE III
Regulations for Development Activity
§ 300-17 Land altering activities.
A.
Purpose. This section is adopted in order to protect property owners from possible damage due to change in the existing grade or runoff from adjoining lands and to aid in preserving and protecting the natural resources, natural beauty, and the character of the landscape.
B.
Compliance. All land altering or land development activity shall comply with this section, § 300-6, regarding zoning use permits, and other zoning requirements in this code, and any applicable permit requirements under applicable Waukesha County ordinances.
C.
Applicable laws. No land development or land altering activity shall occur that would violate requirements of applicable federal, State of Wisconsin, Waukesha County or local municipal codes, statutes, ordinances, regulations, rules and lawful orders.
D.
General requirements. Any land altering or land development activity regulated under this code shall comply with the following minimum requirements and the technical standards:
(1)
Site drainage. Minimize adverse impacts from site drainage, including other property, the general public or natural resources, in accordance with § 300-15 of this code.
(2)
Construction site erosion control. Control soil erosion and off-site sedimentation during construction activities until final grading is complete and vegetation is established.
(3)
Site stabilization. All disturbed areas shall be stabilized within seven days of final grading. Any disturbed area that remains inactive for greater than seven days shall be stabilized with temporary soil stabilization measures.
(4)
Environmental corridors. Environmental corridors shall not be disturbed unless a building envelope is designated and unless otherwise permitted by this code or other official actions by the Village of Vernon. Disturbance of slopes 12% or greater within an environmental corridor shall be prohibited unless no practicable alternative exists.
(5)
Slopes. Proposed activity shall fit the natural terrain of the site, minimizing grade changes, steep slopes, and impact on the surrounding landscape to the extent practicable. Slopes steeper than two horizontal to one vertical must be approved in accordance with § 300-17F below and may require additional soil reinforcement or other slope stabilization measures than required under applicable technical standards.
(6)
Pond design. All ponds shall comply with applicable technical design standards published by the WDNR, the USDA-Natural Resources Conservation Service, and Waukesha County, including but not limited to soil investigations, safety shelf, berm design, compaction specifications, inlet/outlet design and erosion control.
(7)
Earthen berm design. Any earthen berm constructed for nonstormwater management purposes shall have variable top elevations, and include a diversity of landscape plantings to improve aesthetics, if practicable.
(8)
Retaining walls. All retaining walls shall be installed according to manufacturer's recommendations and shall include provisions for adequate soil drainage behind the wall, such as stone aggregate, weep holes and tile drains. Any plan designs for a retaining wall proposed to be greater than four feet in height from the finished grade must be designed and stamped by an architect, landscape architect, or professional engineer licensed by the State of Wisconsin and shall be subject to approval by the Village Zoning Administrator and approved prior to construction.
(9)
Individual grading plan.
(a)
An individual grading plan shall be required for all land altering (or land development) activity prior to the issuance of a building permit. The same shall be submitted to, and subject to the approval of, the Village Building Inspector and/or Village Engineer. In some instances, such as land altering (or land development) activity that requires a stormwater management and erosion control permit, the same may be subject to the approval of Waukesha County. An individual grading plan shall contain components that depict site drainage patterns, stormwater management and erosion control measures; elevations for roads and lots; building floor elevations that are subject to grade restrictions; drainage and utility easements, setbacks, location of natural areas, including environmental corridors, wetlands, and floodplains, and other information deemed appropriate by the approving authorities.
(b)
Upon completion of the project, but prior to occupancy, a grade recertification of the individual grading plan (also known as an "as-built survey") to verify the compliance with the original grading plan shall be submitted to, and subject to the approval of, the Village Building Inspector and/or Village Engineer prior to the issuance of an occupancy permit. Upon showing of valid cause by the applicant, the Village Building Inspector may authorize the issuance of an occupancy permit, but not the release of any project bonds with a condition that the grade recertification as required above shall be completed within four months by the applicant. Failure of the applicant to provide the same within four months shall result in the automatic forfeiture of all project bonds through the Village of Vernon. The Village Building Inspector shall contract for the grade recertification as required above and any costs for the same shall be charged as a special charge against the subject property.
E.
Prohibited activities. The following land altering or land development activities are prohibited.
(1)
Those that may have significant adverse impacts on the owner, adjoining properties, the general public or natural resources, as determined by the Village Zoning Administrator.
(2)
Construction or replacement of any retaining wall greater than six feet in height at any point above finished grade.
(3)
Construction or replacement of any retaining wall greater than four feet in height at any point above finished grade within 50 feet of a floodplain or wetland boundary at any point. Averaging of the 50-foot setback in this provision is prohibited.
F.
Applicability for zoning use approvals. Any proposed land altering or land development activity that meets one of the following criteria shall require Village of Vernon approval in accordance with the procedures and requirements in § 300-17G through I below. This zoning use approval is in addition to a county stormwater permit and other requirements that may apply.
(1)
Retaining wall. Construction of a retaining wall greater than four feet in height at any point above finished grade; or a series of retaining walls greater than six feet in total height at any point above finished grade with less than four feet between each wall; or any retaining wall greater than four feet which is proposed to be located five feet or less from a property boundary. If the Village Zoning Administrator determines that a proposed retaining wall is replacing an existing retaining wall less than four feet in height and of otherwise equal dimensions, location and setback, the activity shall be exempt from this section.
(2)
Grade changes.
(a)
Increasing or decreasing existing ground surface elevation greater than four feet at any point where the top or bottom of the proposed slope is within 10 feet of any existing property boundary or within 50 feet of an environmental corridor; or
(b)
Increasing or decreasing existing ground surface elevation steeper than two horizontal to one vertical or a total elevation change of six feet or greater at any point; or
(c)
Bringing in fill material to a site, removing excavated material from a site, or disturbing material on a site in quantities greater than 1,000 cubic yards, as determined by the Village Zoning Administrator, unless otherwise approved through an individual grading plan.
(3)
Ponds. Construction of any pond with a proposed water surface area of 20,000 square feet or greater or water surface within 50 feet of a property line, environmental corridor, wetland or floodplain at any point shall require a zoning use permit.
(4)
Exempt from this section. The following shall be exempt from this section, but shall require a county stormwater permit:
(a)
Any wetland enhancement, restoration or development project approved by the WDNR and the top or bottom of a proposed slope is 15 feet or greater from the nearest existing property boundary at any point; and
(b)
Any stormwater management practice permitted under the Waukesha County's Stormwater Ordinance if the top or bottom of the proposed slope is located 15 feet or greater from the nearest existing property boundary or environmental corridor at any point. However, if a proposed berm for a stormwater management practice is greater than four feet in height at any point, the applicant may be required to complete additional engineering review or meet more restrictive berm design requirements, depending on the Waukesha County's determination of risk for downstream damages.
G.
Application. All applications and associated fees submitted for approval under § 300-17F above shall include an individual grading plan prepared and stamped by an architect, landscape architect, or professional engineer licensed by the State of Wisconsin. The individual grading plan shall be of adequate scale, accuracy and clarity, as determined by the Village Zoning Administrator (survey preferred), and shall include all applicable items listed below:
(1)
Plan view and cross sections of existing and proposed grades on the subject property, including top and bottom elevations of proposed retaining walls;
(2)
Existing grade of any adjacent property that is, at any point, closer than 20 feet to any portion of the proposed land altering activity, showing how the proposed grades will tie into the existing adjacent property grades;
(3)
Proposed cut and fill slopes, total depths and slope ratios (horizontal and vertical);
(4)
Proposed volume of excavation and fill material involved in cubic yards, including the source and content of any proposed fill;
(5)
Proposed boundaries of the land disturbance, planned pond water surface area, and the square footage of each area;
(6)
Location of natural areas, such as environmental corridors, floodplains, or wetlands;
(7)
Proposed soil stockpile locations, length of time they will exist and methods of stabilization or sediment control;
(8)
Proposed temporary erosion and sediment control practices, such as silt fence, mulch, soil treatment and temporary seeding;
(9)
Proposed permanent vegetation plan, including topsoil application depth, seed mixes, amounts, application methods, timing, and stabilization methods such as mulch, soil treatment, and matting; and
(10)
Any other site drainage, stormwater management, erosion control or other items that may be required under a stormwater permit or by the Village Zoning Administrator to complete the review process under § 300-17H and I below, or to otherwise ensure compliance with this code.
H.
Procedures for approval.
(1)
Upon submission of a complete application to the Village of Vernon Village Clerk, the Village of Vernon will consider the request as described herein.
(2)
The Village of Vernon shall provide written notice of the Village Plan Commission meeting to owners of land within 500 feet of the subject property, by regular mail that is mailed at least 10 days prior to the Village Plan Commission meeting.
(3)
All property owners notified shall have the opportunity to comment on the proposed request during the scheduled Village of Vernon Plan Commission meetings.
I.
Zoning use review criteria. When determining whether to authorize any land altering or land development activity under § 300-17F above, the Village of Vernon shall consider all of the items listed below, and ensure compliance with the general requirements under § 300-17D above. The Village of Vernon may make a referral to the Waukesha County for a determination of necessity for a county stormwater permit.
(1)
The aesthetic impact.
(2)
The potential for adverse drainage.
(3)
The potential impact upon neighboring properties.
(4)
The potential impact upon environmentally sensitive areas.
(5)
The potential impact upon existing lakes and streams.
(6)
The potential impact on roadways and other infrastructure.
(7)
Public safety.
(8)
The length, height, design and location of any retaining walls or earthen berms.
(9)
If a retaining wall is needed to stabilize the grade or control soil erosion based on existing topography.
(10)
How the proposed activity fits with the individual grading plan, if applicable.
(11)
Proposed landscaping and screening.
(12)
The materials used and source for fill, landscaping, and retaining walls.
(13)
The total area of land disturbance.
(14)
Proposed pond size, use, location, design, landscaping, and water source.
§ 300-18 Street grade.
A.
Every building erected, structurally altered, or relocated shall be at a grade approved by the Village Building Inspector and/or Village Engineer as being in satisfactory relationship with the established street grades, or with the existing street grade where one is established, with particular consideration including, but not limited to, proper drainage, safe vehicular access, highest groundwater table, and adjacent property elevations.
B.
Vertical locations. No building intended for human habitation shall be located so that the bottom of the lowest floor, including any basement floor, is less than one foot above the highest groundwater table, unless in compliance with § 300-19A(1).
§ 300-19 Drainage regulations.
A.
Adequate drainage required. In no case may a principal building be located in an area zoned Conservancy or in an area considered to be one of the eight types of wetlands (Type 1 through 8) as described in Circular 39 of the Fish and Wildlife Service, United States Department of the Interior, published in 1956 and which are on record on the 1975 aerial maps of the Southeastern Wisconsin Regional Plan Commission. No principal building shall be erected, or relocated, and no below-grade structures shall be expanded on newly created or existing lots that are not in compliance with the site drainage standards contained in the Waukesha County Storm Water Management and Erosion Control Ordinance, including all county technical procedures and forms used to enforce these standards [Chapter 14-342(c)]. The lowest floor, including the bottom of the basement floor or top of footings, shall not be less than one foot above the highest seasonal groundwater level. For the purposes of this section, the "highest groundwater level" is defined as the upper limit of the zone of soil saturation caused by underlying groundwater at its highest level. Where groundwater limitations exist, subdivision plats and certified survey maps shall state the lowest allowed floor elevation for any proposed principal structure as needed to ensure compliance with the above noted site drainage standards. All basement elevations must comply with the subdivision plat or certified survey map master grading plan or with the master grading plan referenced on the subdivision plat or certified survey map. The Village Building Inspector and/or Village Engineer may request at the owner's expense the advice and assistance of a licensed professional engineer specializing in soils engineering or other qualified person in fulfilling their duties pursuant to this provision. Building, drainage, grading or other similar plans may be required to determine compliance with this section. The Village accepts no liability for construction activities involving groundwater limitations, and property owners are solely responsible for protecting their interests in this regard.
(1)
The zoning use permit and building permit issued for the erection, structural alteration or relocation of a principal building shall state specific design, engineering and construction requirements, as a condition of the permit, notwithstanding applicable construction codes, which must be incorporated within the improvement to be done on and in soil which has such conditions necessitating additional protection of the building, basement, foundation, occupants and personal property. Such provisions shall comply with Waukesha County Land Resources Division's basement protection standards.
(2)
Subdivision plats and certified survey maps shall state, on their face, whether protection measures, pursuant to the above, are likely to be required as a condition of a zoning use and building permit. The Village Plan Commission or Village Board may cause such notice to be affixed to the face of the document.
(3)
In the event a dispute arises as to the necessity for or the adequacy of the protection measures set forth above, the matter shall be reviewed by the Vernon Board of Appeals, upon recommendation of the Village Engineer pursuant to the appeal provisions of this code.
B.
Obstruction to drainage prohibited. The damming, filling or relocating of any surface water drainage swale, channel, or natural watercourse shall not be permitted except with approval of the Village Board, the State Department of Natural Resources, and the United States Army Corps of Engineers, when applicable.
§ 300-20 Sanitation and water supply.
A.
Safe sewage disposal possible. No principal building shall be erected, structurally altered or relocated unless it conforms to all Village ordinances and other governmental laws or regulations then applicable to sewage disposal systems, and that satisfactory evidence has been submitted to show that suitable provisions for disposal of sewage is possible. A county sanitary system permit shall be required for all new private systems. Certification from Waukesha County Environmental Health verifying the soil's suitability to meet standards shall be furnished when a specific system is being proposed.
B.
Water supply required. No occupancy permit shall be issued for any building unless provisions are made for a safe and adequate supply of water in or within 300 feet of said building or connection is to be made to an approved municipal or community water system.
§ 300-21 Sedimentation control.
Any plans for site alterations which disturb the natural cover vegetation must include provision for adequate protection to adjacent properties from sedimentation. Disturbed areas must be seeded or vegetated within one year of commencement of construction.
§ 300-21.1 Development standards.
A.
Approval required. All persons, firms or associations seeking to use property for any purpose other than agricultural and single-family residential, whether by zoning permit or conditional use or any other way, shall file an application including a site plan and plan of operation per § 300-6F with the Village Clerk.
B.
Minimum standards. In addition to the following, specific conditional uses listed in § 300-22B may include additional standards. The more restrictive standard shall apply in the case of any conflict:
(1)
Buildings and structures.
(a)
Primary buildings and structures shall be designed by an architect or engineer. No side, elevation or facade of a building or structure is exempt from public view. Consequently, all sides, elevations, or facades of all buildings and structures shall be visually pleasing and architecturally and aesthetically compatible with structures on contiguous parcels. Building materials will be selected for their ability to present a visual statement of a building structure's strength, attractiveness and permanence. The building materials used shall be harmonious with the natural environment and with the general character of other buildings and structures in the area. The majority of the exterior wall area on all building sides shall be constructed of the following types of high-quality finished materials:
[1]
Architectural panels: finished metal, precast concrete, wood, and other materials approved as part of the site plan and plan of operation approval.
[2]
Brick.
[3]
Cut stone.
[4]
Decorative concrete block.
[5]
Exterior insulation and finish systems such as Dryvit.
[6]
Finished wood siding.
[7]
Glass, glazing, and windows.
[8]
Other building materials developed by the construction industry to be reviewed on a case-by-case basis.
(b)
Accessory buildings and structures shall be reviewed in the same manner as principal buildings and structures; however, only building elevations facing and visible from a street shall require the majority of the exterior wall area to be constructed of the finished materials listed above.
(c)
Material changes shall not occur at exterior building corners. Any material changes shall generally occur at interior corners or be delineated by transitional details including vertical elements such as a change in plane, or horizontal elements such as belt courses or sills.
(d)
High-quality finish materials shall be used to create visual interest and accentuate the base of buildings, building entrances, and prominent facades and architectural features.
(e)
Commercial and industrial buildings must have cement footings and frost-free wall foundations.
(2)
Parking. All parking shall be constructed in accordance with applicable zoning ordinance requirements. Overnight parking of campers, mobile homes, boats, trailers and similar vehicles is prohibited unless approval is obtained as part of the site plan and plan of operation approval. Overnight parking of trucks and service vehicles shall be behind landscape screening or fencing so as not to be visible from the roadway unless approved as part of the site plan and plan of operation. The site plan and plan of operation must include numbers and particular types of vehicles to be parked on-site. No parking will be allowed within 10 feet of the road right-of-way or within 20 feet of any side or rear property line.
(3)
Impermeable surface. No site plan shall have more than 65% of impermeable surface including buildings, pavement or other covering material which is impervious to surface water absorption.
(4)
Utilities. All utilities, including all electrical and telephone connections and other installations of wires, shall be underground from the nearest available source. No transformer, electric, gas or other meter of any type or other apparatus shall be located on any power pole. All transformers and meters shall be placed and located in compliance with utility company regulations and shall be adequately screened or fenced; all such installations shall be included in and approved as a part of the application and site plan approval.
(5)
Loading docks. All outside loading docks and overhead doors must be screened from view from the street and adjacent residential use by the building, berm, landscaping and/or fencing as approved as part of the site plan and plan of operation approval and in accordance with the applicable zoning ordinance regulations.
(6)
Storage. No articles, goods, materials, finished or semifinished products, incinerators, storage tanks, or like equipment shall be kept outdoors or exposed to public view, or to view from adjacent properties, unless approved as an exception per § 300-21.1C. In the event that such approval is granted, such material shall be screened from view per § 300-21.1B(14), and under no circumstances shall such storage occur within 40 feet of any street.
(7)
Garbage and refuse containers. Garbage and refuse containers shall be screened from the street and neighboring properties per § 300-21.1B(14). The proposed location of all storage and all garbage containers shall be shown on the application and site plan submitted for approval.
(8)
Fuels or chemicals. No fuels or chemicals shall be stored in the ground or above the ground unless such storage complies with all applicable federal, state and local laws and regulations.
(9)
Temporary structures. No temporary structures or trailers are to be permitted without prior approval of the Village Board, including those belonging to construction companies during periods of construction.
(10)
Secondary structures. No water tower, storage tank, processing equipment, solar collector, telecommunication equipment, cooling tower, appurtenances such as air-conditioning units or water-cooling units or other auxiliary structure or outside equipment shall be constructed, erected or placed without site plan and plan of operation approval.
(11)
Parking areas. All parking surfaces, roadways, driveways and loading areas shall be paved with a bituminous or concrete surface within six months after occupancy of the site, unless extended as part of the site plan and plan of operation approval.
(12)
Driveways and loading areas. Driveways and loading areas shall be large enough to accommodate all vehicles maneuvering on the site.
(13)
Fencing. No fencing should be established on any site except as part of site plan and plan of operation approval.
(14)
Landscaping. The property shall include decorative landscape elements to enhance the site, building and parking lot edges, and screen unsightly uses from public view. A mix of deciduous and evergreen trees and shrubs should be used across the developed site for variety and to ensure that green landscaping remains in the winter months.
(a)
Landscape point system. The minimum required landscaping for a site shall be based on a point system as follows:
[1]
Landscaping shall be distributed throughout the site including street frontages, parking lots, district boundaries, building foundations, service area boundaries, and the general site.
[2]
Preservation of existing trees is encouraged and shall count as 1.5 times the normal required point value, provided they otherwise satisfy landscaping location requirements.
[3]
Point calculations shall be rounded up to the nearest whole number and fractional distances and areas shall be prorated.
[4]
Landscaping that satisfies more than one locational requirement, excluding general site landscaping, may be counted for each.
[5]
Points are calculated as follows:
Type | Points | Min Size at Planting |
|---|---|---|
Deciduous canopy tree (mature height of 30+ feet) | 20 | 2 inches caliper |
Ornamental tree | 10 | 1.5 inches caliper |
Evergreen tree | 10 | 3 feet tall |
Shrub, deciduous | 2 | 18 inches or 3 gallon container |
Shrub, evergreen | 2 | 18 inches or 3 gallon container |
Ornamental grass | 1 | 18 inches or 3 gallon container |
Decorative walls or fencing | 4 per 10 lineal ft | N/A |
[6]
Additional landscaping beyond what is required by the point system may be required as determined by the Village Plan Commission and Village Board to ensure proper buffers, screening, and aesthetic quality.
(b)
Street frontage landscaping.
[1]
Landscaping shall be provided along the edge of the site within the required building and parking lot setback areas along adjacent streets to enhance the view from public rights-of-way and define the street edge.
[2]
For each 100 lineal feet of developed lot frontage, a minimum of 40 points of landscaping are required within 30 feet of the right-of-way.
[3]
Street frontage landscaping may be reduced to 50% of the normal requirement in order to maintain visibility of commercial buildings and signage, provided the landscaping is added to other locations on the site at the discretion of the Village Plan Commission and Village Board.
(c)
District boundary landscaping.
[1]
Screening and landscaping shall be provided along the rear and side property lines where the site abuts an existing or planned less intensive use or zoning district, determined by the Village Plan Commission and Village Board.
[2]
For each 100 lineal feet of property edge, a minimum of 50 points of landscaping are required within 30 feet of the property line.
[3]
Evergreen landscaping shall comprise at least 50% of the total required points.
[4]
Earthen berms in conjunction with landscape vegetation, with no greater than a four-to-one slope and a minimum height of three feet, may be counted toward meeting the minimum landscape requirements at a rate of 10' points per 100 lineal feet.
[5]
Parking areas adjacent to residential uses on neighboring properties may require buffering with opaque decorative walls or fencing at the discretion of the Village Plan Commission and Village Board to minimize impacts from noise and headlights.
(d)
Parking lot landscaping.
[1]
Landscaping shall be provided within and surrounding parking lots with 10 or more vehicle parking spaces to soften and interrupt large, paved areas.
[2]
For every 10 vehicle parking spaces (or fraction thereof), a minimum of 30 points of landscaping are required within internal parking lot islands or within 15 feet of the lot perimeter.
[3]
Shrubs, ground cover, or ornamental grasses used within internal parking lot islands adjacent to drive lanes shall be limited to a height of two feet in order to maintain driver visibility.
(e)
Building foundation landscaping.
[1]
Landscaping shall be provided along the foundation to accent and define building foundations and accentuate building entrances.
[2]
For each 100 lineal feet of building foundation viewable from publicly accessible areas, a minimum of 40 points of landscaping are required within 15 feet of the foundation. Portions of building foundations directly adjacent to paths or other paved areas shall be excluded from the calculation.
[3]
Building foundation plantings shall be located in a mulched planting bed and primarily consist of shrubs and ornamental grasses. Properly scaled ornamental trees, not to exceed 50% of the total landscape points, may also be used.
(f)
General site landscaping.
[1]
Landscaping shall be used throughout the open space on the site to enhance natural areas, green space, stormwater management areas, plazas and major entrances and should be grouped to create significant features.
[2]
For each 10,000 square feet of developed area for the total site, a minimum of five points of landscaping are required for general landscaping to be used throughout the site. The developed area shall be the portion of the site that is not left in an undisturbed natural state.
(g)
Service area (refuse/loading/mechanical) screening. Service and loading areas, building mechanicals, and refuse/recycling containers shall be screened with opaque evergreen landscaping and/or decorative fencing, walls or enclosures when not otherwise hidden from public view.
(h)
Maintenance.
[1]
Landscaping shall be maintained in a healthy condition with a neat and orderly appearance and shall be kept free of refuse, weeds, and debris. Plants shall be replaced as necessary within one growing season to maintain the minimum required landscaping standards.
[2]
Mulch within planting beds shall be replenished as necessary to maintain a neat, weed-free appearance.
C.
Exceptions. Exceptions from the requirements of § 300-21.1 for a special or unique situation may be considered, where the applicant demonstrates that the exception requested will not negatively impact the surrounding properties or the community based on the design and layout of the site and/or structures. Granting of an exception does not require demonstration of a hardship.
D.
Violations and penalties. Penalties for a violation of this code shall be as described in Chapter 1, § 1-10 of this Code. In addition, the Building Inspector may also issue stop-work orders.
