Watertown City Zoning Code
ARTICLE XI
Performance Standards
§ 550-104 Purpose.
The purpose of this article is to indicate the requirements for access, visibility, off-street parking, off-street loading, exterior storage, exterior lighting, vibration, noise, air pollution, odors, electromagnetic radiation, glare and heat, fire and explosion, toxic and noxious materials, waste materials, drainage, exterior construction materials, and hazardous materials for all development occurring within the jurisdiction of this chapter (see § 550-9).
§ 550-105 Access standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of access to public rights-of-way in accordance with the utilization of various sites.
B.
City approval required. Each access point onto a public street or right-of-way shall be included in a City-approved site plan or plat.
C.
Number of access points.
(1)
Each lot shall have not more than two access points on any street frontage adjacent to any lot. Said access shall require approval by the Zoning Administrator and the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
In no instance shall any lot be permitted more than one access point on any one street if its frontage on said street is less than 100 linear feet (as measured along the right-of-way line).
(3)
On arterial streets and in certain areas experiencing, or expected to experience, congestion and/or safety problems, access to a lot may be required to be located via an access point located on an adjacent property or another street frontage.
(4)
For residential uses, two access points serving the same street frontage may be approved by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
D.
Residential uses. Residential uses shall not have access points onto a nonresidential collector or arterial street unless such street has the only available frontage.
E.
Nonresidential uses. Nonresidential uses shall not have access points onto a residential street unless such street has the only available frontage.
F.
Access near street intersections. At its intersection with the street right-of-way line on an arterial or nonresidential collector street, no access point shall be located closer than 100 feet to the intersection of any two street rights-of-way unless such street is the only available frontage on the subject property. In all cases, access points shall be located as far from an intersection as the lot size permits.
G.
Distance between access drives. The minimum distance between access drives serving the same property shall be 25 feet (edge to edge), as measured at the property line. A distance in excess of said 25 feet may be required if, in the opinion of the Zoning Administrator and the Public Works Director/City Engineer, present or projected traffic factors warrant a greater distance.
[Amended 7-5-2022 by Ord. No. 22-63]
H.
Angle of intersection with public right-of-way. All access drives shall intersect with any public right-of-way at an angle of not less than 75° and shall intersect at an angle of 90° wherever possible.
I.
Distance from property line. For all development created after the adoption of this chapter, the distance from an access drive to the property line of an adjacent property shall not be less than three feet, as measured along the right-of-way line.
J.
Width of driveways. All access drives shall have a minimum width of 10 feet for one- and two-family dwellings and 18 feet for all other land uses. All curb openings for access drives shall have a maximum width of 25 feet for a one- or two-car garage or 30 feet for a three-car garage for all residential uses and 35 feet for all nonresidential uses, as measured at the right-of-way line. Access drives may be flared between the right-of-way line and the roadway up to a maximum of five additional feet.
[Amended 7-19-2016 by Ord. No. 16-8; 8-1-2023 by Ord. No. 23-19]
(1)
Exceeding maximum width of driveways. Curb openings for access drives that exceed the maximum width, as measured at the right-of-way line, may be approved by the Public Works Director/City Engineer. Appeals of the Public Works Director/City Engineer’s decision may be heard before the Plan Commission.
K.
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards. Traffic into and out of all off-street parking, loading and traffic circulation areas serving six or more parking spaces shall be forward moving, with no backing into streets or pedestrian ways. Traffic control devices shall be required as determined by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
L.
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
M.
Paving of access. All access approach areas located within a street right-of-way shall be paved to the satisfaction of the Public Works Director/City Engineer with a hard, all-weather surface and shall be maintained so as to prevent the transport of gravel, dirt or other eroded material from the subject property into the right-of-way.
[Amended 7-5-2022 by Ord. No. 22-63]
§ 550-106 Visibility standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility.
B.
Requirement. In order to provide a clear view of intersecting streets to motorists, there shall be a triangular area of clear vision formed by the two intersecting streets and a chord connecting said center lines, as determined by the Zoning Administrator. Generally, the following standards shall apply:
Table 550-106: Vision Clearance Triangle Standards | ||
|---|---|---|
Right-of-Way Width (feet) | Distance from Right-of-Way Intersection (feet) | |
Less than 50 | 50 | |
50 | 50 | |
51 to 60 | 40 | |
61 to 66 | 34 | |
67 to 82.5 | 15 | |
Greater than 82.5 | 15 | |
(1)
No object or planting which obstructs sight lines over 2 1/2 feet in height above the surface of the roadbed shall be allowed in a vision clearance triangle, except the following:
(a)
Telephone, telegraph and power transmission poles.
(b)
Lines and portable equipment.
(c)
Open-type fence (e.g., chain link, woven wire or wrought iron fencing) not exceeding a height of four feet above the roadbeds and not encroaching closer than three feet to any public right-of-way.
(d)
The growing of flowers and shrubbery, provided that they shall not exceed 2 1/2 feet in height above the roadbeds.
(e)
Deciduous trees, provided that said trees shall not be planted closer than 10 feet to the point of intersection of the right-of-way lines.
(2)
No overhanging tree branches or foliage which obstructs sight lines, regardless of whether said trees are planted within the traffic visibility triangle, shall be allowed within the space between 2 1/2 feet and 10 feet above the surface of the roadbed in a vision clearance triangle.
(3)
Enforcement of this subsection shall be upon written complaint to the Zoning Administrator.
C.
Depiction on required site plan. Except in the downtown where no requirement is imposed, any and all visibility triangles located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
§ 550-107 Off-street parking and traffic circulation standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites. Please refer to § 550-120, Drainage standards.
B.
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.) Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
C.
Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of operable vehicles not for lease, rent or sale. Within residential districts, required parking spaces shall only be used by operable cars and trucks.
D.
Traffic circulation and traffic control. Site circulation shall be designed to provide for the safe and efficient movement of all traffic entering, exiting and on the site. Circulation shall be provided to meet the individual needs of the site with specific mixing of access and through movements and, where required, shall be depicted on the required site plan. Circulation patterns shall conform to the general rules of the road, and all traffic control measures shall meet the requirements of the Manual on Uniform Traffic Control Devices.
E.
Maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by § 550-109.
F.
Off-street parking and traffic circulation design standards.
(1)
Surfacing and marking. All off-street parking and traffic circulation areas (including all residential driveways, except those within the RH District) shall be paved with a hard, all-weather surface to the satisfaction of the Public Works Director/City Engineer. Said surfaces intended for six or more parking stalls shall be marked in a manner which clearly indicates required parking spaces.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
Curbing. All off-street parking areas designed to have head-in parking within 6 1/2 feet of any lot line shall provide a tire bumper or curb of adequate height, which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter (see §§ 550-79 and 550-80).
(3)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 550-110.
(4)
Access. Each required off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way, except alleys or parking areas existing as of the adoption date of this chapter. All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley in a manner which least interferes with traffic movements. No driveway across public property, or requiring a curb cut, shall exceed a width of 35 feet for commercial and industrial land uses or 25 feet for residential land uses. [See also Table 550-107F(9).] Off-street parking spaces for residential uses may be stacked or in front of one another for the same building unit. Parking spaces located behind an enclosed garage and located directly off a through aisle shall be a minimum of 30 feet deep.
(5)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article XII.
(6)
Handicapped parking spaces. Parking for the handicapped shall be provided at a size, number, location and with signage as specified by state and federal regulations.
(7)
Parking space design standards. Other than parking required to serve the handicapped, every and all provided off-street parking spaces shall comply with the minimum requirements of Table 550-107F(9). The minimum required length of parking spaces shall be 17 feet, plus an additional 1.5-foot vehicle overhang area at the end of the stall. All parking spaces shall have a minimum vertical clearance of at least seven feet.
(8)
Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage.
(9)
Parking lot design standards. Horizontal widths for parking rows, aisles and modules shall be provided at widths no less than listed in Table 550-107F(9) and shown below.
Table 550-107F(9): Parking Layout Dimensions | |||||||
|---|---|---|---|---|---|---|---|
Parking Angle | |||||||
Minimum Permitted Dimensions | 0° (parallel) | 45° | 60° | 75° | 90° | ||
Stall width at parking angle (SW) (feet) | 9 | 9 | 9 | 9 | 9 | ||
Stall width parallel to aisle (WP) (feet) | 17.90 | 12.7 | 10.4 | 9.3 | 9 | ||
Stall depth to wall (D) (feet) | 91 | 17.51 | 191 | 19.51 | 18.51 | ||
Stall depth to interlock (DI) (feet) | — | 15.3 | 17.5 | 18.8 | — | ||
Stall length (including 1.5-foot curb overhang) (SL) (feet) | 18.5 | 18.5 | 18.5 | 18.5 | 18.5 | ||
Aisle width (AW) (feet) | 122 | 122 | 162 | 17.202 | 262 | ||
Throat length (right-of-way to parking angle) (T) | Refer to requirements in Table 550-107G(6) | ||||||
Parking module width (PMW) (feet) | |||||||
Wall to wall (single-loaded) (W1) | 21 | 29.5 | 35 | 42.5 | 44.5 | ||
Wall to wall (double-loaded) (W2) | 30 | 47 | 54 | 62 | 63 | ||
Wall to interlock (double-loaded) (W3) | — | 44.8 | 52.5 | 61.3 | — | ||
Interlock to interlock (double-loaded) (W4) | — | 42.6 | 51 | 60.6 | — | ||
NOTES: | ||
|---|---|---|
1 | Parking spaces located behind an enclosed garage and located directly off a through aisle shall meet the requirements of stall depth to wall (D). | |
2 | This dimension represents (AW) for one-way traffic. For two-way traffic, add 12 feet to a maximum (AW) of 26 feet. | |
Diagram for Table 550-107F(9): Typical Parking Layout Dimensions  |
G.
Calculation of minimum required parking spaces.
(1)
General guidelines for calculating required parking spaces. The requirements of Subsection G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use, the gross floor area of the use, or the number of employees who work at the subject property during the largest work shift. The term "capacity," as used herein, means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" mean the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Said spaces shall be in addition to those required by Subsection G(3) below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by said land use.
(2)
Joint and off-site parking facilities.
(a)
Parking facilities which have been approved by the Public Works Director/City Engineer to provide required parking for one or more uses shall provide a total number of parking spaces, which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses.
[Amended 7-5-2022 by Ord. No. 22-63]
(b)
Each parking space designed to serve as joint parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, from the access to all of the various areas it is designated to serve. See § 550-54A.
(c)
The applicant(s) for approval of a joint parking facility shall demonstrate to the Public Works Director/City Engineer's satisfaction that there is no substantial conflict in the demand for parking during the principal operating hours of the two or more uses which the joint parking facility is proposed to serve.
[Amended 7-5-2022 by Ord. No. 22-63]
(d)
A legally binding instrument, such as a cross-access and parking easement, approved by the Mayor, shall be executed by any and all parties to be served by said joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the City Clerk. A fee shall be required to file this instrument. (See § 550-157.)
[Amended 7-5-2022 by Ord. No. 22-63]
(3)
Minimum off-street parking requirements for land uses. The off-street parking requirements for each land use are listed within Article IV.
(4)
Provision of fee in lieu of parking spaces development. Within the Central Business (CB) District, the parking requirements of this chapter are hereby waived.
(5)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and parking lots designated on the approved site plan (see § 550-145).
(b)
For all development created after the adoption of this chapter, no private parking shall occur on street terraces, driveways or any other areas located within a public right-of-way not explicitly designated by the Public Works Director/City Engineer.
[Amended 7-5-2022 by Ord. No. 22-63]
(6)
Minimum permitted throat length. Table 550-107G(6) below shall be used to determine the minimum permitted throat length of access drives serving parking lots, as measured from the right-of-way line along the center line of the access drive.
Table 550-107G(6): Minimum Permitted Throat Length | ||||
|---|---|---|---|---|
Land Use | Type | Scale of Development | Type of Access Street | |
Collector (feet) | Arterial (feet) | |||
Residential | Any residential | 0 to 100 dwelling units | 25 | — |
101 to 200 dwelling units | 50 | 75 | ||
201+ dwelling units | 75 | 125 | ||
Commercial | Office | 0 to 50,000 gross square feet | 25 | 50 |
50,000 to 100,000 gross square feet | 25 | 75 | ||
100,000 to 200,000 gross square feet | 50 | 100 | ||
200,001+ gross square feet | 100 | 150 | ||
In-Vehicle sales | 0 to 2,000 gross square feet | 25 | 75 | |
2,001+ gross square feet | 50 | 100 | ||
Indoor entertainment | 0 to 15,000 gross square feet | 25 | 50 | |
15,000+ gross square feet | 25 | 75 | ||
Commercial lodging | 0 to 150 rooms | 25 | 75 | |
151 + rooms | 25 | 100 | ||
Other commercial uses | 0 to 25,000 gross square feet | 25 | 50 | |
25,001 to 100,000 gross square feet | 25 | 75 | ||
100,000 to 500,000 gross square feet | 50 | 100 | ||
500,001+ gross square feet | 75 | 200 | ||
Industrial | All industrial uses | 0 to 100,000 gross square feet | 25 | 50 |
100,001 to 500,000 gross square feet | 50 | 100 | ||
500,000+ gross square feet | 50 | 200 | ||
All other uses | 6+ parking spaces | 25 | 50 | |
§ 550-108 Off-street loading standards.
A.
Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
B.
Applicability. Any use which has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments, shall provide off-street loading facilities in accordance with the regulations of this section.
C.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with § 550-105. All loading areas shall be located on the private lot and shall not be located within or so as to interfere with any public right-of-way.
D.
Size of loading area. The first required loading berth shall be designed in accordance with Table 550-108D. All remaining required loading berths shall be a minimum of 25 feet in length. All required loading berths shall have a minimum vertical clearance of 14 feet. The following standards shall be the minimum used to design loading areas:
Table 550-108D: Loading Standards | ||||||
|---|---|---|---|---|---|---|
Design Vehicle | Length (feet) | Dock Angle (a) | Clearance (D) (feet) | Berth Width (W) (feet) | Apron Space (A) (feet) | Total Offset (F) (feet) |
WB-40 | 50 | 90° | 50 | 10 | 63 | 113 |
12 | 56 | 106 | ||||
14 | 52 | 102 | ||||
60° | 44 | 10 | 46 | 90 | ||
12 | 40 | 84 | ||||
14 | 35 | 79 | ||||
45° | 36 | 10 | 37 | 73 | ||
12 | 32 | 68 | ||||
14 | 29 | 65 | ||||
WB-50 | 55 | 90° | 55 | 10 | 77 | 132 |
12 | 72 | 127 | ||||
14 | 67 | 122 | ||||
60° | 48 | 10 | 55 | 103 | ||
12 | 51 | 99 | ||||
14 | 46 | 94 | ||||
45° | 39 | 10 | 45 | 84 | ||
12 | 40 | 79 | ||||
14 | 37 | 76 | ||||
 |
E.
Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 550-107 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
F.
Surfacing and marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Said surface shall be marked in a manner which clearly indicates required loading areas.
G.
Use of required loading areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.
I.
Signage. All signage located within or related to loading areas shall comply with the requirements of Article XII.
J.
Depiction on required site plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
K.
Calculation of required loading spaces.
(1)
Indoor institutional land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, two loading berths shall be required.
(2)
Commercial (except offices), storage/disposal, transportation, and industrial land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, an additional loading berth shall be required for any portion of each 50,000 square feet of gross floor area in addition to the original 29,999 square feet.
(3)
Office land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 99,999 square feet. For such uses located in buildings having a gross floor area of 100,000 square feet or greater, an additional loading berth shall be required for any portion of each 100,000 square feet of gross floor area in addition to the original 99,999 square feet.
§ 550-109 Exterior storage standards for residential, office and commercial districts.
[Amended by Ord. No. 08-11; 8-18-2015 by Ord. No. 15-31; 11-19-2024 by Ord. No. 24-28]
A.
Purpose. The purpose of this section is to control the use of residential, office and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to Article IV.
B.
Requirements for exterior storage in residential zoning districts.
(1)
No person shall park or store recreational vehicles and/or trailers on a lot in a residential district except within a fully enclosed structure or except as provided herein.
(2)
No person shall place or store vehicle parts on a lot in a residential district except within a fully enclosed structure or except as provided herein.
(3)
No person shall park or store more than two nonfunctioning items of lawn and exterior maintenance equipment on a lot in a residential district except within a fully enclosed structure or except as provided herein.
(4)
Outside parking of recreational vehicles, equipment and trailers is subject to the following provisions:
(a)
No more than a total of two recreational vehicles or trailers may be parked or stored outside a fully enclosed structure in the rear or side yard, whether or not on a paved driveway.
(b)
No more than one recreational vehicle or trailer may be parked or stored in a front yard paved driveway of a residence. Multiple recreational vehicles mounted on a single trailer under this subsection shall be counted as a single recreational vehicle.
(c)
A recreational vehicle or trailer shall be located not closer than three feet to a side or rear lot line.
(d)
The recreational vehicle shall be maintained and be in good condition and safe for effective performance for the function in which it was intended. The exterior of the vehicle shall be intact.
(e)
Recreational vehicles and trailers shall be roadworthy. Vehicles and trailers that require a license shall be properly licensed with current registration.
(f)
No recreational vehicles, equipment or trailers shall be parked or stored in any open space outside a building unless the property owner, who must reside on the property, wholly owns such equipment. If the property is rented, such storage shall be permitted to the tenant only, provided that the tenant owns such equipment.
(g)
All equipment shall be parked or stored as inconspicuously as possible on the property. The area around the equipment or vehicle must be kept weed-free and free of accumulation of other storage material.
(5)
Commercial vehicles. No trucks in excess of 20 feet in length or in excess of 26,000 pounds in weight or tractors, flat bed trucks, dump trucks, semitrucks, bobcats or other similar pieces of mechanical equipment shall be kept on a lot for a period of time longer than 72 consecutive hours unless they are kept in a garage and out of public view.
(6)
Institutional land uses in residential zoning districts. In residential zoning districts that contain institutional land uses as specified in § 550-51, exterior storage that occurs after December 31 , 2024, shall abide by the requirements for exterior storage in office and commercial zoning districts as specified in § 550-109D.
C.
Definitions.
(1)
For purposes of this section, "vehicle parts" shall include but not be limited to vehicle or recreational vehicle body components, tires, tire and wheel components, engine components, chassis components and any other similar items used for or on motor vehicles or recreational vehicles.
(2)
For purposes of this section, "items of lawn and exterior maintenance equipment" shall include but not be limited to push or riding lawn mowers, snow blowers, chain saws, weed whackers, leaf blowers, sidewalk edgers, trimmers, hedge or bush trimmers and power washers, or their components.
(3)
For the purpose of this section, a "trailer" shall be defined as a vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, but does not include a mobile home.
D.
Requirements for exterior storage in nonresidential zoning districts.
(1)
In all office and commercial zoning districts (see § 550-17 for a listing of these districts), all materials, equipment, and trailers shall be stored within a completely enclosed building, except as specified in § 550-109D(2). In all industrial zoning districts, outdoor storage shall conform to the regulations of the zoning district, except as specified in § 550-109D(2).
(2)
In all office, commercial, and industrial zoning districts the following outside storage is subject to a conditional use permit approval per § 550-142. The following items shall not be located within any front yard or street side yard (except for vehicles and/or trailers in designated parking spaces):
§ 550-110 Exterior lighting standards.
A.
Purpose. The purpose of this section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this section apply to all lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way and/or lighting located on public property.
C.
Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property. (Refer to § 550-145.)
D.
Requirements.
(1)
Orientation of fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from a property located within a residential zoning district. The use of shielded luminaires and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
(2)
Intensity of illumination.
(a)
In no instance shall the amount of illumination attributable to exterior and interior lighting, as measured at the property line, exceed 0.50 footcandle above ambient lighting conditions on a cloudless night.
(b)
The maximum average on-site exterior lighting in nonresidential zoning districts shall be 2.4 footcandles (500 watts metal halide or high-pressure sodium, 250 watts low-pressure sodium).
(c)
The maximum average on-site exterior lighting in residential zoning districts shall be 0.90 footcandle (185 watts metal halide or high-pressure sodium, 90 watts low-pressure sodium).
(d)
The following exceptions shall be permitted:
[1]
Outdoor recreation facilities and assembly areas: maximum average on-site exterior lighting of 3.60 footcandles (750 watts metal halide or high-pressure sodium, 375 watts low-pressure sodium).
[2]
Auto display lots and gas station pump islands: maximum average on-site exterior lighting of 0.20 footcandle (50 watts metal halide or high-pressure sodium, 25 watts low-pressure sodium).
(3)
Location. Light fixtures shall not be located within required bufferyards.
(4)
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other exterior or interior lighting which may distract motorists is prohibited. [Refer to § 253-51A(3).]
(5)
Minimum lighting standards. All areas designated on required site plans for vehicular parking, loading or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.4 footcandle.
(6)
Nonconforming lighting. All lighting fixtures and structures existing prior to the effective date of this chapter shall be considered as legal conforming uses (see Article V); except, however, that where nonconforming lighting is deemed to create a public nuisance by the Zoning Administrator, it shall not be subject to the protections of Article V and may be ordered to be modified or removed so as to conform to the standards of this section.
§ 550-111 Vibration standards.
A.
Purpose. The purpose of this section is to regulate the creation of vibration which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.
C.
Depiction on required site plan. Any activity or equipment which create detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 550-145.)
D.
Requirements. No activity or operation shall cause or create earthborne vibrations in excess of the displacement values given below.
E.
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula: D = K/f, where:
D | = | Displacement in inches | |
K | = | A constant to be determined by reference to the tables below | |
f | = | The frequency of vibration transmitted through the ground, cycles per second |
F.
Standards in the General Industrial District. In the General Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:
Location | K | ||
|---|---|---|---|
On or beyond any adjacent lot line | |||
Continuous | 0.015 | ||
Impulsive | 0.030 | ||
Less than 8 pulses per 24-hour period | 0.075 | ||
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
G.
Standards in the Heavy Industrial District. In the Heavy Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:
Location | K | ||
|---|---|---|---|
On or beyond any adjacent lot line | |||
Continuous | 0.030 | ||
Impulsive | 0.060 | ||
Less than 8 pulses per 24-hour period | 0.150 | ||
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
H.
Standards in the Planned Industrial District. In the Planned Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:
Location | K | ||
|---|---|---|---|
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
§ 550-112 Noise standards.
A.
Purpose. The purpose of this section is to regulate the creation of noise which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property or by incidental traffic, parking, loading, maintenance or agricultural operations.
C.
Requirements.
(1)
All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in Table 550-112C(1) (set out hereafter) as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI Standard S1.4-1983, where said lot abuts property within any residential, office or commercial zoning district or the Planned Industrial (PI) District. (See § 550-17.)
Table 550-112C(1): Maximum Permitted Noise Level at Lot Line For Noise Radiated Continuously* | ||
|---|---|---|
Zoning District | Increase in Noise Level over Ambient Level | |
RH, CR-10, ER-1, SR-4, TR-6, MR-8, MR-10, SNR | Plus 3 dBA | |
NO, PO, PB, NB, GB, CB, PI | Plus 5 dBA | |
GI, HI | Plus 8 dBA | |
* | If the noise is not smooth and continuous or is present only during daytime hours, one or more of the corrections in Table 550-112C(2) below shall be added to or subtracted from each of the decibel levels given above in Table 550-112C(1). |
(2)
Noises that were in effect as of the effective date of this chapter shall be considered legal nonconforming noises. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter shall be the responsibility of the noise producer.
Table 550-112C(2): Adjustment Factors for Maximum Noise Levels | ||
|---|---|---|
Type of Operation in Character of Noise | Correction in Decibels | |
Daytime operation only | Plus 5 | |
Noise source operates less than 20% of any one-hour period | Plus 5* | |
Noise source operates less than 5% of any one-hour period | Plus 10* | |
Noise source operates less than 1% of any one-hour period | Plus 15* | |
Noise of impulsive character (hammering, etc.) | Minus 5 | |
Noise of periodic character (hum, speech, etc.) | Minus 5 | |
* | Apply only one of these corrections. |
§ 550-113 Air pollution standards.
A.
Purpose. The purpose of this section is to regulate the creation of air pollution which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to air pollution created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations.
C.
Standards.
(1)
The emission, from all sources within any lot, of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of density equal to or greater than Number 2 on the Ringelmann Chart (United States Bureau of Mines) is prohibited at all times.
(3)
Dust and other types of air pollution borne by the wind from such sources as storage areas, yards and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.
(4)
All applicable state and federal standards shall be met.
§ 550-114 Odor standards.
A.
Purpose. The purpose of this section is to regulate the creation of odor which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.
C.
Standards. Except for food preparation and cooking odors emanating from residential land uses and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odors shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within any residential, office, commercial zoning district, or the Planned Industrial (PI) District. (See § 550-17.)
§ 550-115 Electromagnetic radiation standards.
A.
Purpose. The purpose of this section is to regulate the creation of electromagnetic radiation which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes, which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply:
§ 550-116 Glare and heat standards.
A.
Purpose. The purpose of this section is to regulate the creation of glare or heat which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations.
C.
Standards. No direct or sky-reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line of the subject property, shall be permitted. (See also § 550-110.) Furthermore, there shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the Zoning Administrator or a designee) at the lot line. Solar systems regulated by § 66.0401, Wis. Stats., shall be entitled to the protection of its provisions.
§ 550-117 Fire and explosion standards.
A.
Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely affect adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. Any use involving materials which could decompose by detonation shall locate such materials not less than 400 feet from any residential or office zoning district (see § 550-17), except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the State of Wisconsin.
§ 550-118 Toxic or noxious material standards.
A.
Purpose. The purpose of this section is to regulate the handling of toxic or noxious material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to the property or business.
(2)
No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials, except in accordance with the regulations of the Wisconsin Department of Natural Resources.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
§ 550-119 Waste material standards.
A.
Purpose. The purpose of this section is to regulate the handling of waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, waste material in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to the property or business.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(2)
No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Natural Resources.
§ 550-120 Drainage standards.
[Amended 7-5-2022 by Ord. No. 22-63; 11-19-2024 by Ord. No. 24-28]
A.
Purpose. The purpose of this section is to regulate the creation of drainage which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. No land shall be developed and no use shall be permitted that results in water runoff which causes property damage, a nuisance and/or erosion on adjacent properties. Such runoff shall be properly conveyed to a public storm drain, drainageway or other such public drainage facility per the approval of the Public Works Director/City Engineer. All parking lots 4,000 square feet or larger shall be internally drained with catch basins connected to a municipal storm sewer or other on-site stormwater management system in accordance with Article III, Stormwater Maintenance, of Chapter 453 of the Municipal Code.
§ 550-121 Exterior construction material standards.
A.
Purpose. The purpose of this section is to regulate the use of certain exterior construction materials so as to attain a degree of uniformity in exterior appearance and thus maintain and enhance the attractiveness and property value of certain zoning districts.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards for all residential, office, commercial districts, and the PI Zoning District.
[Amended by Ord. No. 12-03]
(1)
Except for exposed foundations not to exceed three feet in height from the adjacent grade, all non-single-family development located within the RH, CR-10ac, ER-1, SR-4, TR-6, MR-8, MR-10, SNR, NO, PO, NB, PB, GB, CB and PI Districts shall employ only high-quality decorative exterior construction materials on the visible exterior of the following portions of all structures and buildings:
(a)
Any portion of the building or structure visible from adjacent residentially zoned property;
(b)
Any portion of the building or structure located within 50 feet of a public right-of-way; or
(c)
Any other portion of the building or structure visible from a public street and/or situated at an angle of 60° or less from a line which is parallel to the nearest right-of-way (for uncurved rights-of-way) or from a line which is parallel to a chord connecting the right-of-way boundary on the inside side of the curve at points located at, or opposite from, the two outer boundaries of the subject property along the right-of-way line (for curved rights-of-way).
(2)
The following exterior construction materials shall not be considered "high quality decorative": nondecorative concrete block or cinder block, nondecorative concrete foundation walls or panels, corrugated walls or panels, nondecorative plywood, asphaltic siding, or other nondecorative surfaces as determined by the Plan Commission.
D.
Trademark architecture shall not be permitted, except as provided in § 550-69B(5)(d) for group developments.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
§ 550-122 Hazardous materials standards.
A.
Purpose. The purpose of this section is to provide information to the City regarding the nature of land uses which involve research, production, storage, disposal, handling and/or shipment of hazardous materials. Other regulations are also included in Chapter 303 of the Municipal Code.
B.
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(1)
Microorganism cultures subject to § 94.65, Wis. Stats.;
(2)
Pesticides subject to § 94.67(25), Wis. Stats.;
(3)
Biological products subject to § 95.39, Wis. Stats.;
(4)
Hazardous substances subject to § 100.37(1)(c), Wis. Stats.;
(5)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.;
(6)
Infectious agents subject to § 101.58(2)(f), Wis. Stats.;
(7)
Any material for which the State of Wisconsin requires notification of a local fire department; or
(8)
Any other uses, activities or materials that are subject to county, state or federal hazardous or related materials regulations.
§ 550-123 Fencing standards.
A.
Purpose. The purpose of this section is to regulate the materials, location, height and maintenance of fencing, landscaping walls and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public. In all zoning districts fences and landscape walls are permitted only in the manner outlined below.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
B. FENCE LANDSCAPE WALL YARDS[Added 5-5-2020 by Ord. No. 20-13](1) (2) (3) (4)
Definitions. As used in this section, the following terms shall have the meanings indicated:
An enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress.
A vertical structure or partition that encloses an area or separates two areas.
FRONT YARDThe area of a parcel that abuts a public or private street right-of-way. In the case of a parcel having two or more street frontages, the area along the street from which the house is addressed, not extending past the principal structure's foundation into the secondary frontage, shall be the front yard area, and the other area or areas shall be street yard, street side area. See Area A in Illustration 550-123B.
REAR YARDIn the case of rectangular or most trapezoidal-shaped parcels, that parcel area which is parallel to and most distant from the front yard area of the parcel. In the case of an irregular, triangular or gore-shaped parcel, an area with a length of 20 feet, entirely within the parcel, parallel to and at the maximum possible distance from the front yard area shall be considered to be the rear yard area. In the case of parcels which have frontage on more than one road or street, the rear yard area shall be selected by the property owner and shall not extend past the principal structure's foundation into the secondary frontage. See Area D in Illustration 550-123B.
STREET YARD, INTERIOR SIDEAny area of a parcel that is not a front yard; a street yard, street side; or a rear yard area. See Area C in Illustration 550-123B.
STREET YARD, STREET SIDEAny parcel area that abuts a public or private street right-of-way which is not the front yard. See Area B in Illustration 550-123B.
Illustration 550-123B: Yards  |
C.
Applicability. The requirements of this section apply to all fencing, landscape walls and decorative posts equal to, or exceeding, 30 inches in height, for all land uses and activities.
D.
Permit required. No fence or wall shall be installed without first obtaining a permit. Each application for a permit shall be accompanied by the fee in the amount stated in § 550-157.
E.
Standards.
(1)
Materials.
(a)
Residential districts. Acceptable materials for constructing fencing, landscape walls and decorative posts include wood, stone, preformed concrete block, concrete, brick, wrought iron, chain link, and wire mesh, except that wire mesh fencing is not permitted within required front yard or street yard setbacks. Any fence within a street yard, including along property lines that intersect a right-of-way, shall be a maximum of 60% opaque.
(b)
Nonresidential districts. Acceptable materials for constructing fencing, landscape walls and decorative posts include wood, stone, preformed concrete block, concrete, brick, wrought iron, chain link, and wire mesh. Except for industrial security fences, barbed wire fencing shall not be permitted. Any fence within a street yard, including along property lines that intersect a right-of-way, shall be a maximum of 60% opaque. Industrial security fencing shall be an open-type fence (e.g., chain link, woven wire, or wrought iron) and may be topped with barbed wire.
(c)
Temporary fencing. Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction and during special events, is permitted for up to 60 consecutive days.
(d)
Snow fences. Snow fences constructed of wood and wire and/or plastic shall be permitted only as temporary fences.
(2)
Location.
(a)
On all properties, no fence, landscape wall or decorative post shall be located closer than two feet to the front yard or street yard property line. Fences may be located on any property line abutting a side or year yard. The property owner is responsible for finding and exposing or establishing through a survey that corner location (property/lot stakes).
(b)
No fence, landscape wall or decorative post which obstructs sight lines over 2.5 feet in height above the survey of the roadbed shall be allowed in a traffic visibility triangle, per § 550-106B(1).
(3)
Maximum height. The top of a fence, landscape wall or decorative post shall not exceed the height listed in Table 550-123E(3). Where a fence is located on a slope and is stepped, each section shall not be wider than eight feet, and the height shall be measured in the middle of the stepped section.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24; 10-2-2018 by Ord. No. 18-11; 4-6-2020 by Ord. No. 20-11]
Table 550-123E(3): Maximum Fence Height | |||
|---|---|---|---|
Location | Residential Zoning District (feet) | Commercial Zoning District (feet) | Industrial Zoning District (feet) |
Front yard | 4 | 4 | 4 |
Side yard, street side | 6 | 6 | 6 |
Side yard, interior lot | 8 | 10 | 10 |
Rear yard | 8 | 10 | 10 |
Vision triangle | See § 550-106. | ||
(4)
Orientation. Any and all fences, landscape walls or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property.
(5)
Maintenance. Any and all fences, landscape walls or decorative posts shall be maintained in a structurally sound and attractive manner as determined by the Zoning Administrator.
F.
Enforcement. Enforcement of this section shall be upon written complaint to the Zoning Administrator, subject to his written order to abate any existing violation within 20 days thereof, prior to any enforcement by citation. Any such order of the Zoning Administrator is subject to the appeals process found in § 550-156D along with the fees in § 550-157.
§ 550-124 Signal-receiving antenna (satellite dish) standards.
A.
Purpose. This section regulating the placement of signal-receiving antennas (including roof-mounted antennas which are greater than 15 feet and satellite dishes which are greater than 36 inches) is adopted to:
(1)
Provide uniform regulation of all signal-receiving antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;
(3)
Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and
(4)
Provide for placement of such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.
B.
Conditional use permit required. No owner shall, within the City of Watertown, build, construct, use or place any type of signal-receiving antenna which exceeds the size requirements of this section or which is a ham/short wave radio antenna of a height of 75 feet or higher or which is a ham/short wave radio antenna of a height of less than 75 feet that does not meet all of the requirements of § 550-56V(2) of this chapter, until a conditional use permit has been issued.
[Amended by Ord. No. 10-10]
C. OWNER SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have the meanings indicated:
The holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life, but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.
Any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal-receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.
D.
Application. Application for a signal-receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee (see § 550-157) and a sufficient set of mounting plans and specifications, including a general plot plan, showing the location of the proposed signal-receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
E.
Installation standards. Signal-receiving antennas installed in any zoning district within the City shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be located a minimum of 10 feet from any property line.
(b)
Subject to the provisions herein, signal-receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal-receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal-receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal-receiving antenna shall not exceed 15 feet in diameter for commercial uses or 10 feet in diameter for residential uses, except for systems used to provide community antenna television services.
(4)
Height.
(a)
A ground-mounted signal-receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 18 feet in height, as measured from the ground to the highest point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
(5)
Wind pressure. All signal-receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 miles per hour.
(6)
Electrical installations. Electrical installations in connection with signal-receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal-receiving antenna to the receivers shall be installed underground unless installation site conditions preclude installation underground. If a signal-receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal-receiving antennas shall be grounded against direct lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted signal-receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the Zoning Administrator of the date when such placement shall begin and end.
(8)
Advertising. No form of advertising or identification, sign or mural is allowed on the signal-receiving antenna other than the customary manufacturer's identification plates.
(9)
Interference with broadcasting. Signal-receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of any electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal-receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation and use of every signal-receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
(11)
Aesthetic considerations. Signal-receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal-receiving antenna in violation of any provisions of this section. In the event of any violation, the Common Council or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.
(2)
Any person, firm or corporation who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 500-158.
§ 550-125 Wind energy systems standards.
A.
Construction of wind energy systems. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this section.
C.
Application requirements. An application for a permit to build a wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where a WECS site is proposed.
(6)
Dimensional representation of the structural components of the tower construction, including the base and footings.
(7)
Schematic of electrical systems associated with the WECS, including all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions or specific WECS design information.
(9)
Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for a structure as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall be controlled by fences six feet in height around the tower and anti-climbing devices. Existing local regulations regarding attractive nuisances shall cover wind systems as well. A sign indicating shock hazard shall be placed on the tower. Such sign shall state: "Warning. Electrical shock hazard. No unauthorized persons on tower. No Trespassing." Cables, ropes or wires used to secure the WECS shall be appropriately marked to prevent accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code, including, but not limited to, Department of Commerce Administrative Code, and any future amendments, additions and/or revisions to the same.
G.
Utility interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as set forth in the electrical utility's then-current service regulations applicable to WECS; these standards are subject to review by the Public Service Commission.
H.
Setback requirements.
I.
Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform to the requirements of the City of Watertown Code.
J.
Interference with navigational systems. No WECS shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system, including the automatic overspeed control.
(3)
All WECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution system.
(4)
Any WECS declared to be unsafe by the Zoning Administrator by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the City of Watertown Code.
M.
Maintenance. The Zoning Administrator or his representative shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a WECS has been constructed to inspect all parts of said WECS installation and to require that repairs or alterations be made within 30 days if, in his judgment, there exists a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time to time by resolution of the Common Council shall be made by the Zoning Administrator to certify the safety and maintenance of the WECS and accessory structures.
§ 550-126 Outdoor storage of firewood standards.
[Amended 4-16-2024 by Ord. No. 24-12]
A.
No person shall store firewood in the front yard or street side yard on residentially zoned property, except that firewood may be temporarily stored in the front yard or street side yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may be stacked not closer than three feet to any lot line and not higher than six feet from grade, except adjacent to a fence, where firewood can be stacked against the fence as high as the fence. "Fence," as used in this section, shall not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.
E.
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 550-127 Swimming pools.
[Added by Ord. No. 04-24; amended 9-21-2021 by Ord. No. 21-36]
A. ABOVEGROUND PORTABLE SWIMMING POOL OR WADING POOL PRIVATE OR RESIDENTIAL SWIMMING POOL OR OUTDOOR HOT TUB
Definitions. 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:
A shallow pool, with depth not exceeding 4.5 feet, which is not designed nor intended to be permanently affixed to and/or into the ground, which is capable of being removed for storage, and is not left up year-round. Electrical Code shall still apply to portable pools.
An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface of ground elevation that is used or intended to be used solely by the owner, operator, or lessee thereof and such owner's, operator's or lessee's family and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
B.
Exemptions. Pools and outdoor hot tubs exempt from this section are as follows:
(1)
Aboveground portable swimming or wading pools are exempt from this section;
(2)
Portable outdoor hot tubs are exempt from this section, providing they are installed for no more than 30 consecutive days.
(3)
Hot tubs with lockable tops are also exempt. Lockable tops shall be securely fastened in place at all time when the hot tub is not in actual use.
C.
Permit required. Before work is commenced on the construction, addition, remodel, alteration, or erection of private or residential swimming pools or outdoor hot tubs, a swimming pool permit must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the building inspector at the time of application. No such work is obtained by the applicant.
D.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction as provided for in Ssubsection C of this section, unless the following construction requirements are observed:
(1)
All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all sections of this Code;
(2)
All plumbing work shall be in accordance with all applicable sections of this Code and all state codes. Every private or residential swimming pool or outdoor hot tub shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located, or in the general vicinity;
(3)
All electrical installations, including lighting and heating, but not limited thereto, that are provided for, installed, and used in conjunction with a private swimming pool or outdoor hot tub shall be in conformance with the state laws and sections of this Code regulating electrical installations.
E.
Setbacks and other requirements.
(1)
A private swimming pool or outdoor hot tub shall be erected or constructed on a rear or side lot, only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and such lot is occupied by a principal building;
(2)
No swimming pool or outdoor hot tub shall be located, constructed, or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line or pump motor of any pool be less than five feet from any lot line.
F.
Fence. A fence for a swimming pool or outdoor hot tub shall be erected as follows:
(1)
Pools or outdoor hot tubs within the scope of this section that are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool or shall have a cover or other protective device over such swimming pool of such a design and material that the cover can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool or outdoor hot tub is not in actual use for swimming or bathing purposes. Such fence or wall shall not be less than four feet in height and so constructed as not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use;
(2)
The enclosure may be omitted where aboveground pools are installed and have a raised deck around the entire pool perimeter with an attached railing on the top outer edge of the raised deck or where the sidewalls of an aboveground pool are extended by an enclosure (fence) to a minimum of six feet above grade. Access shall be through self-closing and latching gates with a locking device and shall be kept locked when pool is not in use. Where pool ladders are provided, they shall be a type that can be removed when pool is not in use;
G.
Filter system required. All private swimming pools and outdoor hot tubs within the meaning of this section must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
H.
Dirt bottoms prohibited. All swimming pools or outdoor hot tubs of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
§ 550-128 Administration and enforcement of performance standards.
A.
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1)
Where determinations can be made by the Zoning Administrator using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violations is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
(a)
The Zoning Administrator shall give written notice, by certified mail or other means ensuring a signed receipt for such notice, to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator.
(b)
The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the administrative official within the time limit set constitutes admission of violation of the terms of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determination as described in this chapter will be made, and that if violations as alleged are found costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the City.