Williams Bay City Zoning Code
ARTICLE 8
Performance Standards
§ 390-0801 Purpose.
The purpose of this article is to indicate the standards and minimum requirements for exterior site and building design, access, visibility, off-street parking and traffic circulation, off-street loading, exterior lighting, exterior storage, fencing, private residential swimming pools, vibration, noise, air pollution, odor, signal-receiving antennas, glare and heat, fire and explosions, toxic or noxious materials, waste materials, exterior construction material, hazardous materials, and group and large developments within the jurisdiction of this chapter.
§ 390-0802 Exterior site and building design standards.
A.
Purpose. The purpose of this section is to regulate the design and materials used for the exterior of buildings and structures within the Village so as to attain a degree of uniformity in exterior appearance and quality of materials, and thus maintain and enhance the attractiveness and values of property in the community.
C.
Review and approval. Through the site plan review process, the Plan Commission shall be responsible and have authority to hear, review, and act upon all proposed exterior architectural plans for all proposed development, except as exempt under § 390-1206. Exemptions to exterior site and building design standards may be considered under the site plan review process.
D.
Site design. In addition to complying with required setbacks, no building, structures, pavement, or improvement shall be placed or oriented in a manner that would unnecessarily reduce the appearance of the subject property in comparison with typical development practices that are fully consistent with the requirements of this chapter, or would have a substantial negative impact on the value or enjoyment of permitted land uses on nearby properties.
E.
Avoidance of exteriors specific to a particular occupant. Trademark architecture is prohibited. Specifically, no building, other structures, pavement, or improvement shall have an integral exterior design that is specific to a particular site occupant, including exterior building forms, materials, textures, colors, and patterns. Exterior elements that are specific to a particular site occupant shall be limited to attached signage, awnings and other appurtenances that are easy to remove or modify for subsequent site occupants without causing significant damage and/or restoration expenses.
F.
Exterior design compatibility and avoidance of monotony. No building, other structures, pavement or improvement shall have an exterior design that is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste. In addition, no building shall be permitted within any residential or business zoning district to have an exterior appearance that is too similar to nearby buildings so as to create unacceptable monotony. Restrictive covenants shall incorporate provisions to prohibit unacceptable monotony of the design, materials and colors for building exteriors for any multi-lot or group development.
G.
Requirements for exterior materials. The following requirements shall apply regarding exterior materials for buildings and structures:
(1)
Building color. Building facade colors shall be nonreflective, subtle, neutral, or earth tone. The use of high-intensity colors, metallic colors, fluorescent colors, or black on facades shall be prohibited. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on signage, subject to the limitations in Article 10.
(2)
Building materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, tinted and decorative concrete block, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as determined appropriate by the Plan Commission. Decorative architectural metal with concealed fasteners or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building.
(3)
Prohibited materials. No building or structure shall be constructed or faced with any material or texture that is aesthetically incompatible with other building exteriors in the area that are fully consistent with the requirements of this chapter, or that presents an unattractive appearance to the public or surrounding properties. The following materials are prohibited on the exterior of all buildings and structures:
(a)
Plain-faced concrete walls or panels.
(b)
Plain-faced cinder block or concrete block.
(c)
Asphaltic siding.
(d)
Plywood, chipboard, or other nondecorative wood or composite material as determined by the Plan Commission.
(e)
Fiberglass or poly-roofing or siding.
(f)
Structures exceeding 100 square feet that are not erected on a permanent foundation and/or do not comply with the Uniform Building Code, except for those temporary structures listed in § 390-0316.
(g)
Metal siding that does not meet any one or more of the following exceptions:
[1]
Is determined by the Plan Commission to be a decorative element of the building or structure that can be readily removed or replaced with a permitted exterior material.
[2]
Uses a method of exterior wall fastening that is fully concealed from view by means of an interlocking panel, panel overlap, or other method approved by the Plan Commission that results in full concealment.
[3]
Uses visible exterior fasteners that are the same color as the attached wall for any principal or accessory structure within the Agricultural Holding (AH), Community Business (CB), LSB Lakeshore Business, Light Industrial (LI), or General Industrial (GI) Zoning Districts, in any location on the building or structure that meets all of the following criteria:
[a]
Is located more than 100 feet from any portion of a residential zoning district boundary and more than 100 feet from any portion of a public right-of-way.
[b]
Is located more than 100 feet from any visitor or customer door.
[c]
Transitions to any other exterior material, texture, color, or pattern at a building corner, pier, pilaster, eave, parapet, or other physical change in the wall plane, so as to complement the overall exterior design of the building or structure as determined by the Plan Commission.
H.
Waste receptacles. The development shall contain a sufficient number of waste bins to accommodate all trash and recyclable materials generated by the land uses in a convenient manner and in accordance with the building design and performance standards of this section.
I.
Pedestrian and bicycle access. The entire development shall provide for full and safe pedestrian and bicycle access within the development, which shall include appropriate connections to the existing and any planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods; sidewalk connections to all building entrances from all public streets; secure bicycle parking and pedestrian furniture in appropriate quantities and locations; and a central pedestrian gathering area.
J.
Exceptions and appeal. The conditional use process may be used to seek exemptions to the requirements of this section. An appeal of the Plan Commission's determination may be taken to the Zoning Board of Appeals.
§ 390-0803 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.
Applicability. The requirements of this section shall apply to each access point onto a public street or right-of-way in all new developments.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all proposed access drives on the subject property.
D.
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 Public Works Director.
(2)
No lot shall 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 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 on an adjacent property or another street frontage.
(4)
For residential uses, two access points serving the same street frontage may be approved as a conditional use.
E.
Residential uses. Residential uses shall not have access points onto a nonresidential collector or arterial street unless such street has the only available frontage.
F.
Nonresidential uses. Nonresidential uses shall not have access points onto a residential street unless such street has the only available frontage.
G.
Access near street intersections.
(1)
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.
(2)
Nonconforming driveways may be replaced in their current location, except as part of site plan review and approval.
(3)
Temporary access may be granted by the Village Plan Commission after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.
H.
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 25 feet may be required if existing or projected traffic warrant a greater distance.
I.
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.
J.
Distance from property line. The distance from an access drive to the property line of an adjacent property shall not be less than five feet, as measured along the right-of-way line.
K.
Width of driveways. All access drives shall have a minimum width of 10 feet for single- and two-family dwellings and 18 feet for all other land uses. All curb openings for access drives shall have a maximum width of 24 feet for all residential uses, and 30 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. This requirement may be exceeded with explicit Plan Commission approval for uses other than single family.
L.
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner that prevents 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 pedestrianways. Traffic control devices shall be required as determined by the Public Works Director.
M.
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.
N.
Paving of access. All access approach areas located within a street right-of-way shall be paved to the satisfaction of the Zoning Administrator 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. This requirement must be fulfilled before building occupancy unless granted a time-specific extension in writing by the Zoning Administrator.
O.
Vehicular entrances and exits to drive-in theaters, banks, and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; or garages shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter, or other place of public assembly.
§ 390-0804 Visibility standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public and private 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.
Applicability. The requirements of this section shall apply to all new development.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all developments for conformance with this section.
D.
Required. 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 the center lines of said streets. Generally, the following standards listed in Figure 390-0804 shall apply. Within the triangular area, no signs, parking spaces, structures, earthwork, vegetation, fencing, or other obstructions above 30 inches in height or exceeding opacity of 0.2 (see Article 9) shall be permitted above the center line elevations of said two streets.
E.
Depiction on required site plan. 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.
Figure 390-0804: Vision Clearance Triangle Standards | |
|---|---|
Right-of-Way Width | Distance from Right-of-Way Intersection |
Less than or equal to 66 feet | 10 feet |
Greater than or equal to 67 feet | 20 feet |
§ 390-0805 Off-street parking and traffic circulation.
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.
B.
Applicability. The requirements of this section shall apply to all new development.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development for conformance with this section.
D.
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. Each and every on-site parking space designed to serve as required parking shall not be located farther than 400 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 H, 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.
E.
Minimum required off-street parking spaces.
(1)
Off-street parking requirements for each land use (see Article 2) are generally tied to the use's capacity and gross floor area or the number of employees at the subject property during the largest work shift. The term "capacity" 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. The term "employee(s) on the largest work shift" means 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.
(2)
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.
(3)
When the calculation for the number of off-street parking spaces required by this chapter results in a fraction (e.g., 3.25 spaces), the applicant shall round up to the highest whole number.
F.
Off-street parking and traffic circulation standards.
(1)
Circulation. The site shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the general rules of the road. All traffic control measures shall meet the requirements of the Manual on Uniform Traffic Control Devices.
(2)
Surfacing and marking. All off-street parking and traffic circulation areas (including all residential driveways except those in the AH District) shall be paved with a hard, all-weather or other surface to the satisfaction of the Director of Public Works. Said surfaces intended for two or more parking stalls shall be marked in a manner which clearly indicates required parking spaces.
G.
Curbing. All off-street parking areas designed to have head-in parking within 6.5 feet of any lot line shall provide a tire bumper or curb of adequate height and properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter.
H.
Access.
(1)
Each 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 exceeding 82.5 feet in width.
(2)
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 that least interferes with traffic movements.
(3)
No driveway across public property, or requiring a curb cut, shall exceed 40 feet for commercial or industrial uses or 25 feet for residential uses.
(4)
Off-street parking spaces for residential uses may be stacked or in front of one another for the same dwelling unit.
(5)
Parking spaces located behind an enclosed garage and located directly off a through aisle shall be a minimum of 30 feet deep.
I.
Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage.
J.
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 § 390-0807.
K.
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article 10.
L.
Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in Article 9.
M.
Parking space design standards. Other than handicapped parking, each off-street parking space shall comply with the minimum requirements of Figure 390-0805A. The minimum required length of parking spaces shall be 16 feet. All parking spaces shall have a minimum vertical clearance of at least seven feet.
N.
Handicapped parking spaces. Handicapped parking shall be provided at a size, number, location, and with signage as specified by state and federal regulations.
O.
Parking lot design standards. Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in Figure 390-0805A. Additional design standards apply to group developments and large developments (see § 390-0821).
P.
Partial development of required parking spaces. At the time of site plan review, any developer may seek permission to not install a portion of its required parking unless and until it is determined jointly by the Village and developer that such parking is needed; however, the site plan shall depict the minimum number of required parking spaces.
Q.
Limit on the maximum number of required parking spaces. No site plan may be approved for a multifamily or nonresidential use that proposes more than 120% of the development's minimum number of required parking spaces, except as granted through a conditional use permit. As part of the application for a conditional use permit, the applicant shall provide a report demonstrating why additional parking will be needed. The report shall be prepared by a traffic modeling expert recognized by WisDOT.
R.
Joint and off-site parking facilities.
(1)
Parking facilities that have been approved by the Director of Public Works to provide required parking for two or more uses shall provide a total number of parking spaces that 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. However, this aggregate requirement may be reduced or expanded by the Plan Commission by explicit motion associated with this site plan review process.
(2)
Each parking space designed to serve as joint parking shall not be located farther than 400 feet from the access to all of the various uses it is designated to serve, except as allowed by a conditional use permit.
(3)
The applicant(s) for approval of a joint parking facility shall demonstrate to the satisfaction of the Director of Public Works that there will be 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.
(4)
A legally binding instrument, approved by the Village Attorney, shall be executed by any and all parties to be served by a joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Village Clerk. A fee shall be required to file this instrument (see § 390-1106).
S.
Parking within the Village Center. Within the Village Center (VC) District, the parking requirements of this chapter are hereby waived.
(1)
Private, off-street parking may be allowed within the VC District only with a conditional use permit. Such parking shall be located on the same lot as the principal use(s) it serves, except per Subsection S(3) below.
(2)
When making a determination on whether or not to allow private off-street parking in the VC District, the Plan Commission and Village Board shall consider the following:
(a)
Whether or not the proposed off-street parking is essential to the function of the proposed use;
(b)
Whether the parking can be provided on site and in accordance with the design and layout provisions of this section;
(c)
Whether the off-street parking area will be disruptive to the desired character of the Village Center District, as articulated in this chapter and through the Village's Comprehensive Plan.
(3)
The owner of a principal use in the VC District may volunteer, or the Village Board may require, that off-street parking be provided on a separate lot controlled by the same owner, or within a municipally owned parking lot.
(4)
If such accessory parking is provided within a municipally owned parking facility, the owner of the principal use shall make payment to the municipality in lieu of on-site parking in the amount of $4,000 per required parking space. The municipality shall be required to provide such parking spaces within 400 feet of the principal use within three years following receipt of payment or shall return the payment to the owner of the principal use, unless both parties agree to extend the deadline for provision of the required parking spaces.
T.
Locational prohibitions for off-street parking areas.
(1)
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.
(2)
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 Director of Public Works.
U.
Minimum permitted throat length. Figure 390-0805B 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. This regulation may be modified by the Plan Commission by explicit motion associated with this site review process.
V.
Potential reduction in parking. The Plan Commission and Village Board may allow a decrease in the required number of off-street parking spaces by up to 25% of the normal requirements based upon one or more of the following criteria:
(1)
Technical documentation furnished by the applicant that indicates, to the satisfaction of the Plan Commission and Village Board, that actual off-street parking demand for that particular use is less than the required standard set forth in this chapter.
(2)
Bicycle parking spaces will be provided through racks, lockers, or equivalent structures located convenient to the proposed use.
(3)
Shared parking, on-site. This strategy works well in projects with a mix of uses that have different peak times. The strategy also may be employed with multi-phase projects where the parking requirements are recalculated with each phase to realize efficiencies as more uses are added.
(4)
Shared parking, off-site. A shared parking agreement between two or more different project/property owners can be an effective method of reaching larger economies of scale to reduce the overall parking requirements of the individual projects. The agreement shall be prepared in a form acceptable to the Village Attorney and recorded prior to the issuance of a building permit for any of the properties involved. The agreement shall be in effect for the life of the project or other time frame as agreed to by the Village and the Village shall be included as an interested party to the agreement such that the agreement cannot be amended or terminated without Village approval.
(5)
Deed restrictions. Deed restrictions that limit the number of cars occupants may have at a project may be an effective strategy, particularly for residential units. The form of the deed restriction shall be subject to approval by the Village and the Village shall be included as an interested party to the restriction such that the restriction cannot be removed without Village approval.
W.
Installation and maintenance. All off-street parking and traffic circulation areas shall be completed prior to building occupancy and 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 §§ 390-0310F, S and T, 390-0311C and 390-0315O.
X.
Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of licensed operable vehicles not for lease, rent, or sale. Within residential districts, required parking spaces shall only be used by operable cars and trucks.
Figure 390-0805A: Parking Layout Dimensions | ||||||
|---|---|---|---|---|---|---|
Parking Angle in Degrees | ||||||
Minimum Permitted Dimensions | 0° (feet) | 45° (feet) | 60° (feet) | 75° (feet) | 90° (feet) | |
Stall width at parking angle (SW) | 9.0 | 9.0 | 9.0 | 9.0 | 9.0 | |
Stall width parallel to aisle (WP) | 17 | 12.7 | 10.4 | 9.3 | 9.0 | |
Stall depth to wall (D) | 9.01 | 17.51 | 19.01 | 19.51 | 18.51 | |
Stall depth to interlock (DI) | N/A | 15.3 | 17.5 | 18.8 | N/A | |
Stall length (SL) | 18.0 | 18.0 | 18.0 | 18.0 | 18.0 | |
Aisle width (AW) | 12.02 | 12.02 | 16.02 | 17.202 | 24.0 | |
Throat length (right-of-way to parking angle) (T) | Refer to requirements in Figure 390-0805B | |||||
Parking module width (PMW) | ||||||
Wall to wall (single-loaded) (W1) | 21.0 | 29.5 | 35.0 | 42.5 | 44.5 | |
Wall to wall (double-loaded) (W2) | 30.0 | 47.0 | 54.0 | 62.0 | 63.0 | |
Wall to interlock (double-loaded) (W3) | N/A | 44.8 | 52.5 | 61.3 | N/A | |
Interlock to interlock (double-loaded) (W4) | N/A | 42.6 | 51.0 | 60.6 | N/A | |
NOTES: | |
|---|---|
1 | Parking spaces located behind an enclosed garage and directly off a through aisle shall be at least 30 feet deep. |
2 | This dimension represents (AW) for one-way traffic. |
 |
Figure 390-0805B: Minimum Permitted Throat Length | ||||
|---|---|---|---|---|
Type of Access Street | ||||
Land Use | Type | Scale of Development | Collector (feet) | Arterial (feet) |
Residential | Any residential | 0 to 100 dwelling units | 25 | N/A |
101 to 200 dwelling units | 50 | 75 | ||
201+ dwelling units | 75 | 125 | ||
Business | Office | 0 to 50,000 gross square feet | 25 | 50 |
50,001 to 100,000 gross square feet | 25 | 75 | ||
100,001 to 200,000 gross square feet | 50 | 100 | ||
200,001+ gross square feet | 100 | 150 | ||
Drive-through sales and service | 0 to 2,000 gross square feet | 25 | 75 | |
2,001+ gross square feet | 50 | 100 | ||
Commercial indoor lodging | 0 to 150 rooms | 25 | 75 | |
151+ rooms | 25 | 100 | ||
Other business uses | 0 to 25,000 gross square feet | 25 | 50 | |
25,001 to 100,000 gross square feet | 25 | 75 | ||
100,001 to 500,000 gross square feet | 50 | 100 | ||
500,001+ gross square feet | 100 | 200 | ||
Industrial | All industrial uses | 0 to 100,000 gross square feet | 25 | 50 |
100,001 to 500,000 gross square feet | 50 | 100 | ||
500,001+ gross square feet | 50 | 200 | ||
Other uses | 6+ spaces | 25 | 50 | |
§ 390-0806 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 that has a gross floor area of 6,000 square feet or more, and that requires deliveries or makes shipments from large trucks, shall provide off-street loading facilities in accordance with the regulations of this section.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development for conformance with this section.
D.
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 or street side yard setback area. Access to the loading berth shall be located in conformance with Subsection E(1). All loading areas shall be located on the private lot and shall not be located within or interfere with any public right-of-way.
E.
Size of loading area. The first required loading berth shall be designed in accordance with Figure 390-0806. All remaining required loading berths shall be a minimum of 50 feet in length and 10 feet in width. 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:
(1)
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 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.
(2)
Surface 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 that clearly indicates required loading areas.
(3)
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.
(5)
Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article 10.
F.
Depiction on required site plan. Any and all required loading areas and trailer and container storage 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.
G.
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)
Business (except offices), storage, 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.
Figure 390-0806: Loading Standards | ||||||
|---|---|---|---|---|---|---|
Design Vehicle | Length (feet) | Dock Angle (a) | Clearance (D) (feet) | Berth Width (W) (feet) | Apron Space(A) (feet) | Total Offset (T) (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 | ||||
 | ||||||
§ 390-0807 Exterior lighting standards.
A.
Purpose. The purpose of this section is to regulate the spillover 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 private exterior lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way and/or lighting located on public property.
C.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development for conformance with this section.
D.
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.
E.
Exterior lighting requirements.
(1)
In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear 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)
Flashing, flickering, and/or other lighting that may distract motorists is prohibited.
F.
Intensity of illumination.
(1)
In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandle above ambient lighting conditions on a cloudless night.
(2)
The maximum average on-site lighting in nonresidential zoning districts shall be 2.4 footcandles.
(3)
The maximum average on-site lighting in residential zoning districts shall be 0.90 footcandle.
(4)
The following exceptions shall be permitted:
(a)
The maximum average allowable on-site lighting of outdoor recreation facilities and assembly areas is 3.60 footcandles.
(b)
The maximum average on-site lighting of auto display lots and gas station pump islands is 25.0 footcandles; all under-the-canopy fixtures shall be fully recessed.
(c)
Reflected glare onto nearby buildings, streets or pedestrian areas is prohibited. To minimize any indirect overflow of light on adjacent properties, the height of any proposed parking lot light standard should be as short as possible and should stair step down to a lower height when close to residential uses.
(5)
Fixtures and luminaires.
(a)
Outdoor lighting shall be full-cutoff fixtures and downward facing and no direct light shall bleed onto adjacent properties. Exempt from this requirement are any fixtures using an incandescent bulb of 100 watts or less, or its equivalent.
(b)
Light fixtures shall not be located within required buffer yards (see Article 9).
(c)
Total-cutoff luminaires with angles of less than 90° shall be required for pole and building security lighting to ensure no fugitive uplighting occurs.
(d)
The color and design of fixtures shall be compatible with the building and public lighting in the area, and shall be uniform throughout the entire development site.
(e)
The maximum fixture height in the ER, SF-1, SF-2, SF-3, SF-6, SF-CPP, TF, MF-12, MF-18 and SB Districts shall be 15 feet. The maximum fixture height in the AH, VC, LSB, CB, LI, GI, P&I, and P&R Districts shall be 16 feet.
(f)
In the ER, SF-1, SF-2, SF-3, SF-6, SF-CPP, TF, and SB Districts, lighting fixtures shall not be located closer than three feet to any lot line.
(g)
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 0.2 footcandle.
§ 390-0808 Exterior storage standards.
B.
Applicability. The requirements of this section apply to all development.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 390-1206).
D.
Requirements for exterior storage in business districts. In all business zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following, which shall not be located within any front or street side yard and shall be stored a minimum of five feet from any and all property lines:
E.
Inoperative motor vehicles and junk. Refer to Chapter 342, Vehicles, Abandoned and Junked, in the Village's Municipal Code.
F.
Exterior trash storage. All exterior trash storage shall be located within an enclosure that completely screens the view of said trash. The exterior of said enclosure shall be constructed of some or all of the materials used on the main building. A solid wood fence shall be used to gain access to the storage area.
G.
Outdoor storage of firewood. No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery. Firewood should be neatly stacked and may be stacked not closer than two 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 subsection, shall not include hedges and other vegetation.
(1)
All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of.
(2)
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles or 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 chapter.
(3)
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 390-0809 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.
B.
Applicability. The requirements of this section apply to all fencing, landscaping walls, and decorative posts equal to or exceeding 30 inches in height for all land uses and activities.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 390-1206).
D.
Height standards.
(1)
On corner lots in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of 2 1/2 feet and 10 feet above grade in the area bounded by the street and a line joining the points along such street to lines 10 feet from the point of intersection.
(2)
A fence, wall, tree, hedge, or shrubbery may be erected, placed, maintained, or grown along a lot line on or adjacent to a residentially zoned property.
(a)
Permitted types of fences in residential districts include split rail fences; open picket fences; or decorative fences not more than three feet in height located on the interior of the lot surrounding patios, gardens, or other similar features. Any other type of fence shall require a conditional use permit per § 390-1207.
(b)
The height of such fences or walls along interior side and rear lot lines shall not exceed six feet above the ground level, except that along zoning district boundaries there shall be a ten-foot limit on the height of fencing along such boundary. The height of fences or walls along street side and front lot lines shall not exceed three feet above ground level. If solid fences or walls are deemed appropriate along public rights-of-way, consideration should be given to providing a landscaped planting strip at least two feet in width adjacent to the property line.
(3)
Fences, walls, trees, hedges, or shrubbery erected, placed, maintained, or grown along a lot line on any business or industrially zoned property adjacent to residentially zoned property shall be to a height of eight feet. No barbed wire or electrical fences may be erected or maintained.
E.
Setback standards.
(1)
Fences on or adjacent to a residential property shall have minimum three-foot side and rear yard setbacks unless the adjacent owner consents in writing to the entrance upon such owner's land for the purpose of maintaining such fence or such fence is maintenance free, in which case the minimum setback shall be six inches. There shall be a minimum two-foot setback from an alley. Fences shall have minimum five-foot front and street side yard setbacks. A lot survey may be required if property lines cannot be determined.
(2)
Living fences or hedges shall be planted so they may be trimmed without entry on abutting lands. Species shall determine distance but in no case shall any shrub or plant be planted less than three feet from the center to the lot line.
F.
Wood fences. Wood fences on the perimeter of a lot shall be installed with the finish side of the fence slats facing toward the neighboring property.
G.
Dog runs or pet enclosures. Dog runs or pet enclosures constructed of fencing material of any type shall adhere to the following requirements:
(1)
Dog runs and pet enclosures may be located only in the rear yard of lots not abutting a lake, shall be set back a minimum of 15 feet from the interior side lot lines and the rear lot line, and shall be set back a minimum of 10 feet from the principal structure, unless attached to the rear of such principal structure.
(2)
Dog runs and pet enclosures may be located only in the interior side yards of lots abutting a lake and shall be set back a minimum of 15 feet from interior side lot lines.
(3)
The maximum height of dog runs and pet enclosures shall be six feet.
H.
Fence maintenance. All fences, including their painted surfaces, shall be maintained and kept safe and in a state of good repair, including painted surfaces.
I.
Temporary fences. Fences erected for the protection of plantings or to warn of construction hazards or for similar purposes shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described in this subsection. Snow fences shall be removed by April 1 of each year.
J.
Fencing for dumpsters. Apartments containing three or more dwelling units shall provide a six-foot high fence with four sides, accessible by a gate, surrounding all dumpsters.
K.
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.
L.
Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.
§ 390-0810 Private residential swimming pool standards.
A.
Purpose. The purpose of this section is to regulate swimming pools in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. This section applies to all swimming pools, defined as an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 36 inches located below the surface of ground elevation or deck, used or intended to be used solely by the owner, operator, or lessee thereof and family and guests invited to use it; and including all structural facilities, appliances, appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a private residential swimming pool.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 390-1206).
D.
Permit required. A building permit must be secured prior to the commencement of construction or erection of a private residential swimming pool, or of any alterations, additions, remodeling, or other improvements. Plans, specifications, and pertinent explanatory data shall be submitted to the Building Inspector at the time of application.
E.
Exempt pools. Nonfiltered storable swimming or wading pools that are so constructed such that they may be readily disassembled for storage and reassembled to their original integrity are exempt from the provisions of this section. Decorative pools that are less than 36 inches in depth are exempt from the provisions of this section. Spas and hot tubs with lockable tops are also exempt.
F.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a building permit for construction as provided for in Subsection D above unless the following requirements are met:
(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 with any and all ordinances of the Village now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances of the Village and all state plumbing codes. Every private residential swimming pool 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. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Director of Public Works.
(3)
All electrical installations, including lighting and heating, that are used in conjunction with a private swimming pool shall be in conformance with the state laws and Village ordinances regulating electrical installations. Private residential swimming pools shall not be constructed directly over or under electric transmission lines. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or the surrounding fence.
G.
All exterior light fixtures installed around a private residential swimming pool shall comply with § 390-0807.
H.
Setbacks and other requirements. Private residential swimming pools shall be erected or constructed in rear or side yards 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 said lot is occupied by a principal building. All swimming pools shall be at least six feet from any lot line or building unless designed and approved as an addition to a building.
[Amended 9-7-2021 by Ord. No. 2021-09]
I.
Enclosure. Pools 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. Such fence or wall shall not be less than four feet nor more than six feet in height and not less than four feet from the pool edge, and constructed not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be equipped with self-closing and self-latching devices located at the top of the gate or door on the pool side of the enclosure, except the door of any residence that forms a part of the enclosure. Gates or doors shall be kept securely closed and locked at all times when the owner or occupant is not present at the pool. This section shall not apply to existing fences on the date of adoption of this chapter at least 40 inches in height that otherwise comply with this section.
J.
Screening. All aboveground pools shall be screened by vegetation, such as arborvitae, spruce, burning bush, or other species approved by the Zoning Administrator. Plants shall be installed at a minimum height of four feet.
K.
Compliance. All private residential swimming pools existing at the time of adoption of this chapter not satisfactorily fenced shall comply with the enclosure requirements of Subsection I when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
L.
Filter system required. All private residential swimming pools within the meaning of this section must have some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
M.
Dirt bottoms prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
§ 390-0811 Communication towers.
[Amended 4-17-2023 by Ord. No. 2023-02]
A.
Purpose. The purpose of this section is to regulate the placement and maintenance of communication towers in order to prevent the creation of nuisances and promote the health, safety and general welfare of the public.
B.
Applicability. The requirements of this section apply to all communication towers as described in § 390-0311E of this chapter.
C. ANTENNA CO-LOCATION CLASS 1 CO-LOCATION CLASS 2 CO-LOCATION EQUIPMENT COMPOUND EXISTING STRUCTURE MOBILE SERVICE FACILITY MOBILE SERVICE PROVIDER MOBILE SERVICE SUPPORT STRUCTURE SEARCH RING SUBSTANTIAL MODIFICATION(1) (2) (3) (4) SUPPORT STRUCTURE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
A Class 1 or Class 2 co-location, or both.
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
An area surrounding or adjacent to the base of an existing support structure within which are located mobile service facilities.
A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the Village.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area but does not include the underlying support structure.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile service facility.
A shape drawn on a map to indicate the general area in which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors, including topography and the demographics of the service area.
The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building or other structure.
E.
Class 2 co-location.
(1)
Application. If an applicant submits to the Village Clerk an application for a permit to engage in a Class 2 co-location, the application shall contain the following: the name and business address of, and the contact individual for, the applicant; the location of the affected support structure; and the location of the proposed mobile service facility. A fee as set by resolution of the Village Board but not to exceed $500 or other monetary amount as set by § 66.0404(4)(d), Wis. Stats. shall also be submitted with the application. After such information is obtained, the application shall be considered complete. If any of the required information is not in the application, the Zoning Administrator shall notify the applicant, in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(2)
Determination. Within 45 days of its receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree, in writing, to an extension of the forty-five-day period:
(a)
Make a final decision whether to approve or disapprove the application.
(b)
Notify the applicant, in writing, of its final decision.
(c)
If the application is approved, issue the applicant the relevant permit.
(d)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(3)
A party who is aggrieved by the final decision of the Zoning Administrator may bring an action in the Circuit Court of Walworth County.
F.
Class 1 co-location and new construction.
(2)
application. An applicant shall submit to the Village Clerk a conditional use permit application along with the following information:
(a)
The name and business address of, and the contact individual for, the applicant.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
A plan for Walworth County-wide coverage of the provider's antenna locations for existing and proposed towers, containing all of the following information: tower height and design, including a cross section and elevation; location of tower and support structure(s), equipment buildings, security structures, vegetation, lot lines, access road(s) and other significant features; and height above grade for all potential mounting positions and collocated antennas and minimum separation distances between antennas;
(e)
A site plan containing all of the following information: tower capacity, including the number and type of antennas it can accommodate; steps the applicant will take to avoid interference with established public safety telecommunications; proof the proposed tower/antenna complies with the regulations set forth by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC); proof provided by a qualified and licensed professional engineer that the tower/antenna meets all applicable structural and electrical standards and requirements; and engineer's stamp and registration number.
(f)
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(g)
If the application is to construct a mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment to be placed on or around the new mobile service support structure.
(h)
If the application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to the mobile service provider.
(i)
An application fee as set by resolution of the Village Board but not to exceed $3,000, or other monetary amount as set by § 66.0404(4)(d), Wis. Stats.
(3)
Application complete. The Zoning Administrator shall provide written notice to the applicant as to the completeness of the application within ten (10) days of receipt of said application by the Village. If the application is deemed incomplete by the Zoning Administrator, said notice shall specifically describe additional application materials required by the Village.
(4)
Application review.
(a)
Upon receipt of the conditional use permit application from the applicant, the Clerk shall provide notification, by postal mail, to the parties of interest and all landowners and the clerk of any local government unit within 1,000 feet of the lot identified for the conditional use in the application, and shall publish a Class 2 Legal Notice, in accordance with § 985, Wis. Stats, listing the time and place of a public hearing at which the conditional use permit application will be reviewed by the Plan Commission and the proposed conditional use and its location, with said postal mail notification post marked 14 days prior to said hearing.
(b)
The Plan Commission shall review a conditional use permit application for compliance with this section at a public hearing within 90 days of receipt of a complete application, in accordance with Subsection F(3) above, to ensure said application is in accordance with the following requirements:
[1]
Siting and construction of towers and antennas, and necessary associated buildings, structures, and equipment (hereafter, collectively "appurtenances") shall balance the federal interest (Sec. 704 Telecommunications Act of 1996) regarding telecommunications towers and antennas with the Village interest in regulating land uses within its borders;
[2]
Siting and construction of towers, antennas, and appurtenances shall be done in a manner so as to protect other uses from the potential adverse impacts of said antennas, towers, and appurtenances, encourage co-location, minimize adverse visual impact through design, landscaping, visual screening and camouflaging techniques, consider the health and safety of antennas, towers, and appurtenances, and avoid potential damage to property or individuals due to tower/antenna mechanical failure;
[3]
Siting and construction of towers, antennas, and appurtenances shall comply with all applicable Walworth County, state, and federal building codes, as well as applicable standards for towers and antennas published by the Electronic Industries Association;
[4]
Siting and construction of towers, antennas, and appurtenances shall be in a manner so as to blend in, to the fullest extent possible, with the character of adjacent and proximate lands and not be readily visible, except as may be required by the Federal Aeronautics Administration or Federal Communications Commission;
[5]
Towers shall be monopole design unless recommended otherwise by the Village Engineer. Options for alternate designs shall be reviewed by the Planning Commission. Towers utilizing guy wires are not allowed;
[6]
Towers shall be designed structurally, electronically, and in all respects to accommodate the applicant's antenna and comparable antenna for up to two additional uses, to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights;
[7]
Towers shall not be artificially lighted unless required by the Federal Aeronautics Administration or other applicable authority and, if lighting is required, it shall be designed in a manner so as to cause the least amount of disturbance as possible to any affected viewshed or property owners;
[8]
Towers shall comply with the obstruction and marking requirements of the Federal Aeronautics Administration in cooperation with the Federal Communications Commission and if dual lighting systems are proposed for use, white strobe lighting only shall be used during daylight hours and red strobe lighting only shall be utilized during night hours;
[9]
No signs, other than warning or equipment information signs, shall be located on a tower;
[10]
Towers shall be set back from lot lines, easements, and streets (roads) a minimum of 105% of the tower's height, including antennas and lights, except as modified by § 66.0404(2)(g), Wis. Stats. If any portion of a lot is being leased for the tower, the boundary of the leased area shall be considered the lot line. Appurtenances shall comply with the requirements of the zoning district in which they are located;
[12]
A tower shall be sited not less than 5,280 feet from another, whether located in the Village or an adjacent local government unit, unless for reasons beyond the applicant's control, such as unusual or unique topography, with distances between towers measured by a straight line between the base of the towers;
[13]
Towers and antennas shall be shielded, filtered, and grounded in a manner consistent with Federal Communications Commission and the Electronic Industries Association guidelines so as to minimize the possibility of interference with locally received transmissions;
[14]
Appurtenances shall be placed underground if feasible given site conditions and screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the character of the surrounding area. The tower base and appurtenances shall be fenced with materials impervious to sight and secured so as to make the site inaccessible to the general public. Fencing shall not exceed six feet in height and shall be painted or coated in nonreflective material;
[15]
The applicant shall demonstrate that the equipment planned for the proposed tower cannot be accommodated on an existing tower. The Village may determine that it is necessary to consult with a third party considering the feasibility of accommodating said equipment on an existing tower, with all reasonable costs and expenses associated with such consultation borne by the applicant. The applicant may provide names to the Village of qualified third-party consultants. The consultant shall undertake due diligence and provide a report with sufficient data to substantiate all of the following:
[a]
No existing towers are located within the geographic region required to meet the applicant's engineering requirements;
[b]
Existing towers are not of sufficient height to meet the engineering requirements;
[c]
Existing towers do not have the structural capacity to support the applicant's proposed equipment, and the existing tower cannot be reinforced, modified, or replaced to accommodate said equipment at a reasonable cost;
[d]
Locating new equipment on an existing tower would cause interference affecting the usability of the other existing or planned equipment at the tower, or the existing equipment would cause interference with the applicant's proposed equipment and the interference cannot be prevented at a reasonable cost; and
[e]
The fees, cost, or contractual provisions required to share an existing tower are cost prohibitive;
[16]
Antennas mounted on buildings or structures not built specifically for the purpose of mounting said antennas shall meet all of the following:
[a]
No antenna, including all mounting structures, lights, and any additional equipment, shall exceed 10 feet above the roof surface upon which it is mounted;
[b]
No more than four nonreflective panel antennas shall be installed, with the total area of antennas per provider not to exceed 1,440 square inches, and no single antenna to exceed 480 square inches;
[c]
All antennas and support buildings/structures shall be screened from view and architecturally compatible with the building or structure on which it is mounted; and
[d]
All equipment enclosures shall be located underground, if site conditions permit, or located within the building/structure on which the antenna is mounted, and said equipment shall be architecturally compatible with the building/structure;
[17]
The tower owner shall offer space for additional antennas at current market rates, if co-location is undertaken; and
[18]
The application shall comply with all applicable aspects of the Village's Building Code and Zoning Ordinances.
(5)
Recommendation and action. After review and public hearing, the Plan Commission shall take action no later than 90 days from the date which the applicant was notified that the application was complete to approve, approve with conditions, or deny with substantial evidence the conditional use permit application.
(6)
Issuance or denial notification.
(a)
The applicant shall be notified, in writing, of the final decision within 10 days of the Plan Commission's action. If the Plan Commission's decision is to disapprove the application, a written notification with substantial evidence which supports such decision shall be sent to the applicant.
(b)
If the conditional use permit application is approved, it shall be subject to all of the following:
[1]
A performance bond in the amount of $20,000 to guarantee that the tower/antenna and appurtenances will be removed when no longer in operation. The Village will be named as obligee in the bond and must approve the bonding company; and
[2]
Stipulation of submittal of a "Tower/Antenna Annual Information Review Report" (hereafter, "report"), on a form provided by the Village, on or before January 31 of each year. The purpose of the report is to provide the Village with accurate current information concerning the tower/antenna owner(s) and provider(s) offering or providing wireless communication services within the Village and information on the wireless communication tower facilities so operated or utilized so as to assist the Village in administration and enforcement of this section and ensure Village compliance with Village, Walworth County, state and federal standards and requirements. The report shall include all of the following: tower/antenna owner and operator name(s), address(es), phone number(s), and relevant contact person(s); proof of bond and proof of insurance; and number of co-location positions designated, occupied, or vacant in the Village and evidence of compliance with this section.
(c)
The Plan Commission may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described in Subsection F(2)(h).
(d)
A party who is aggrieved by the final decision of the Plan Commission may bring an action in the Circuit Court of Walworth County.
G.
Abandonment. Any tower or antenna not in operation for a continuous period of 12 months shall be deemed abandoned. The Village shall provide said tower and antenna owner written notice requiring removal of the tower, antenna, and associated buildings and structures (hereafter, collectively "appurtenances") within 90 days of receipt by the owner of said notice. If the owner wishes to resume tower or antenna use after the tower or antenna has been deemed abandoned, the owner shall apply for a new conditional use permit in accordance with the application process identified in this section. If a new tower and antenna conditional use permit is denied in accordance with said application process, the tower or antenna owner shall remove the tower, antenna, and appurtenances within 90 days of denial action, with the owner restoring the area on which the tower, antenna, and appurtenances were located to the manner existing prior to installation. If the tower, antenna, and appurtenances are not removed within said ninety-day period, they shall be removed by the Village at the owner's expense. If a single tower is utilized by two or more entities, this provision shall not become effective until all said entities cease operation.
H.
Inspection. All towers or antennas issued a conditional use permit in accordance with this section may be inspected annually by the Zoning Administrator to determine compliance with this section and any other applicable laws or regulations. Deviation from original construction parameters for which the conditional use permit was issued shall constitute a violation.
§ 390-0812 Air pollution standards.
A.
Purpose. The purpose of this section is to regulate the creation of air pollution that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and 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. In addition to all applicable state and federal standards, the following shall apply:
(1)
The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (U.S. Bureau of Mines) is prohibited at all times.
(3)
Dust and other types of air pollution borne by the wind from sources such 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 other applicable state and federal standards.
§ 390-0813 Glare and heat standards.
A.
Purpose. The purpose of this section is to regulate the creation of glare or heat in order to prevent the creation of nuisances and to promote the health, safety, and 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 shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise. As determined by the Zoning Administrator, there shall be no discernible transmission of heat or heated air at the lot line. Solar systems regulated by § 66.0401, Wis. Stats., shall be entitled to the protection of its provisions.
§ 390-0814 Fire and explosions.
A.
Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards that adversely affect adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards.
(1)
Any use involving materials that could decompose by detonation shall be located not less than 400 feet from any residential or commercial zoning district 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.
(2)
The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed 30,000 gallons.
§ 390-0815 Odor standards.
A.
Purpose. The purpose of this section is to regulate the creation of odor that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and 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 fertilizer application, 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 odor shall be created for periods exceeding a total of 15 minutes per any day that 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 zoning district other than the General Industrial District.
§ 390-0816 Toxic, noxious and waste materials.
A.
Purpose. The purpose of this section is to regulate the handling of toxic, noxious, or waste material that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. 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 private property or business. 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 Health Services.
§ 390-0817 Hazardous materials.
A.
Purpose. The purpose of this section is to provide information to the Village regarding the nature of land uses that involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.
B.
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(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.
(8)
Any other uses, activities, or materials that are subject to county, state, or federal hazardous or related materials regulations.
C.
Standards. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal.
§ 390-0818 Water quality standards.
A.
No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.
B.
In addition, no activity shall withdraw water or discharge any liquid or solid materials so as to exceed, or contribute toward the exceeding of, the minimum standards and those other standards and the application of those standards set forth in Chapter NR 102 of the Wisconsin Administrative Code.
§ 390-0819 Noise standards.
A.
Purpose. The purpose of this section is to regulate the creation of noise that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities that create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property; by incidental traffic, parking, loading, maintenance, or agricultural operations; or by sirens, whistles, and bells that are maintained and utilized solely to serve a public purpose.
C.
Requirements. All noise shall be muffled so as not be objectionable due to intermittence, frequency, or shrillness. In no event shall the sound-pressure level of noise continuously radiated from a facility exceed the values given in Figure 390-0819 as measured by a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983. The measurement shall be conducted at the lot line of the subject property where said lot abuts property within any zoning district other than the General Industrial District.
D.
Nonconforming noise. Noise that was in effect as of the effective date of this chapter shall be considered legal nonconforming. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter is the responsibility of the noise producer.
Figure 390-0819: Maximum Permitted Noise Level at Lot Line for Continuous Noise | |
|---|---|
Zoning District | Increase in Noise Level Over Ambient Level |
AH, ER, SF-1, SF-2, SF-3, SF-6, SF-CPP, TF, MR-12, MR-18 | Plus 3 dBA |
P&I, P&R, SB, VC, LSB, CB, LI | Plus 5 dBA |
GI | Plus 8 dBA |
Adjustment Factors for Maximum Noise Levels | |
Type of Operation in Character of Noise | Correction in Decibels |
Daytime operation only | Plus 5 dBA |
Noise source operates less than 20% of any 1-hour period | Plus 5 dBA* |
Noise source operates less than 5% of any 1-hour period | Plus 10 dBA* |
Noise source operates less than 1% of any 1-hour period | Plus 15 dBA* |
Noise of impulsive character (hammering, etc.) | Minus 5 dBA |
Noise of periodic character (hum, speech, etc.) | Minus 5 dBA |
NOTES: | |
|---|---|
* | Apply only one of these corrections. |
§ 390-0820 Vibration standards.
A.
Purpose. The purpose of this section is to regulate the creation of vibration that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities that 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.
Review and approval. Through the site plan review process (see § 390-1206), the Plan Commission shall review and approve all development on the subject property.
D.
Depiction on required site plan. Any activity or equipment that creates 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.
E.
Requirements. No activity or operation shall cause or create earth-borne vibrations in excess of the displacement values given in Figure 390-0820 below.
F.
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line. 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 Figure 390-0820 below; f = the frequency of vibration transmitted through the ground (cycles per second).
Figure 390-0820: Vibration Measurement Constant | ||
|---|---|---|
K All Other Zoning Districts | K GI District | |
On or beyond any adjacent lot line | ||
Continuous | 0.003 | 0.015 |
Impulsive | 0.006 | 0.030 |
Less than 8 pulses per 24-hour period | 0.015 | 0.075 |
On or beyond any residential district boundary line | ||
Continuous | 0.003 | 0.003 |
Impulsive | 0.006 | 0.006 |
Less than 8 pulses per 24-hour period | 0.015 | 0.015 |
§ 390-0821 Group development and large development standards.
A.
Purpose. The purpose of this section is to establish standards that ensure group developments and large developments are properly located and are compatible with the surrounding area and the overall community character of the Village of Williams Bay.
B.
Applicability. The following standards apply to all group development and large development projects, as defined below.
C. GROUP DEVELOPMENT(1) (2) (3) (4) (5) LARGE DEVELOPMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any development located on one lot and comprised of any single instance or any combination of the following development types:
One or more principal multifamily residential buildings with a total of five or more residential units on the same lot.
Two or more principal structures on the same lot, whether currently serving a single use or more than one use.
A mixed-use structure containing both nonresidential uses and residential uses.
A single principal structure housing two or more leased or owned tenant spaces.
Any addition of principal buildings that increases the total number of principal structures on the same lot to two or more.
Any institutional, business, or mixed residential and nonresidential development containing any single structure or combination of structures on one or more contiguous lots or building sites devoted to land uses on which the total combined gross floor area of all development exceeds 10,000 square feet. The calculation of gross floor area shall include indoor and outdoor storage and display areas.
D.
Common examples.
(1)
Common examples of group developments include apartment or condominium complexes, commercial centers, shopping centers, office centers, and multi-tenant industrial buildings. Single-tenant business or office buildings, one-tenant industrial buildings, four-unit apartment buildings, and all planned developments are not considered group developments even though such developments may contain lots under common ownership.
(2)
Common examples of large developments include single-tenant institutional, business, or mixed-use buildings in excess of 10,000 gross square feet, such as retail stores, restaurants, day-cares, schools, or churches.
(3)
Common examples of developments that are both group developments and large developments include multi-tenant, nonresidential buildings that are in excess of 10,000 gross square feet, and any multi-building developments in which the combined total of all structures on a site, regardless of diverse ownership, use, or tenancy, combine to exceed 10,000 gross square feet.
E.
Review and approval.
(1)
All group developments and large developments require a conditional use permit (see § 390-1207 for review and approval procedure) regardless of whether individual uses within the development are permitted by right within the applicable district, except where such developments are approved as planned developments per § 390-0709.
(2)
Any land use that is either a permitted by right land use or a use allowed by conditional use permit within the applicable zoning district may be included within a group development and/or large development.
(3)
Land uses permitted by right in the applicable zoning district shall be permitted by right uses within an approved group and/or large development, subject to the provisions of this section, unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development and/or large development as a whole.
(4)
Land uses allowed by conditional use permit within the applicable zoning district shall be allowed within the group development and/or large development only with conditional use approval for that specific use.
(5)
The detailed land use regulations in Article 3 of this chapter that pertain to each proposed land use shall also apply within a group development and/or large development, as will all other applicable provisions of this chapter.
(6)
Following initial issuance of a conditional use permit for the group development and/or large development as a whole, the subsequent addition of structures, additions to structures, and expansions of parking or storage areas in the group development and/or large development shall require an amendment to the approved conditional use permit regardless of individual land use(s).
(7)
Subsequent changes to individual land uses within a group development and/or large development listed as permitted by right uses within the applicable zoning district are allowed without amendment to the group development and/or large development conditional use permit, unless said conditional use permit placed restrictions on change of use.
(8)
Subsequent changes to individual land uses that are allowed only with a conditional use permit may be allowed only under a subsequent conditional use permit for the specific use, regardless of whether said use entails modifications to the building and/or site layout in the group development and/or large development.
F.
Standards applicable to all group developments and to all large developments. In all cases, the following standards shall be applied to the group development and/or large development as a whole, as well as to individual uses within the group and/or large development:
(1)
All development shall comply with the applicable requirements of this chapter, including, but not limited to, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space preservation requirements; access, parking, loading, and unloading requirements; and signage requirements.
(2)
Subject to conditional use and design review processes. All group developments and/or large developments shall be subject to the Village of Williams Bay site plan review and approval process. In addition to the application requirements listed in Subsection E(1), the applicant shall demonstrate how the proposed development relates to each of the following criteria:
(3)
General layout and future divisibility. All development located within a group development and/or large development shall be located so as to comply with the intent of the Zoning Ordinance regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments and/or large developments shall be situated within building envelopes that are in complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments and/or large developments. The use of this approach to designing group developments and/or large developments will facilitate the subdividing of group developments and/or large developments in the future (if such action is so desired).
(4)
Building materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, tinted and decorative concrete block, stone, wood, stucco, and exterior insulation and finish systems (EIFS) may be used, as may vinyl on a portion of residential structures, as determined appropriate by the Plan Commission. Decorative architectural metal or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building.
(5)
Overall building design. Building design shall be subject to Plan Commission approval, and shall forward the aesthetic objectives of the Village for the community, the neighborhood, and the subject property.
(6)
Building entrances. Public building entryways shall be clearly defined and highly visible on the building's exterior design, and shall be emphasized by on-site traffic flow patterns.
(7)
Building color. Building facade colors shall be compatible with the surrounding areas and shall be nonreflective, subtle, neutral, or earth tone, as judged by the Plan Commission. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be allowed only on signage, subject to the limitations in § 390-0802 of this chapter.
(8)
Screening.
(a)
All ground-mounted and wall-mounted mechanical equipment, refuse containers, and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior.
(b)
All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls. The lowest point on the top of such screening elements shall be at least as high as the highest point on any mechanical equipment. Fences or similar rooftop screening devices may not be used to meet this requirement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c)
Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls that match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above.
(d)
Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain-link, wire mesh, or wood fencing is unacceptable. Decorative, heavy-duty wood gates may be used.
(9)
Roadway connections.
(a)
All nonresidential projects shall have direct access to an arterial street, or to a collector level street deemed appropriate by the Plan Commission.
(b)
Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices; and sidewalks.
(c)
The site design shall provide direct connections to adjacent land uses if required by the Village.
(10)
Parking.
(a)
Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in Article 2 of this chapter by 50% shall be allowed only with specific and reasonable justification.
(b)
Parking lot design shall employ interior, curbed landscaped islands at all parking aisle ends. In addition, the project shall provide landscaped islands within each parking aisle spaced at intervals no greater than one island per every 12 spaces in that aisle. Islands at the ends of aisles shall count toward meeting this requirement. Each required landscaped island shall be a minimum of 360 square feet in landscaped area.
(c)
Landscaped and curbed medians, a minimum of 10 feet in width from back of curb to back of curb, shall be used to create distinct parking areas of no more than 120 parking stalls.
(d)
Parking located in the front and/or street side yard shall be limited to no more than one doubled-loaded row of parking and an area for passenger dropoff and pickup unless the applicant can demonstrate to the Plan Commission's satisfaction that such parking arrangement is not practical given site limitations.
(11)
Bicycle and pedestrian facilities.
(a)
The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.
(b)
Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be 10 feet; and the minimum width for sidewalks elsewhere in the development shall be five feet.
(c)
Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50% of their length. Such landscape shall be consistent with the landscaping used for the street frontages.
(d)
Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, pavement textures, and signage.
(e)
The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every 50 vehicle parking spaces.
(f)
The development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every 10,000 square feet of gross floor area. Seating in food service areas or other areas where food or merchandise purchasing activities occur shall not count toward this requirement. A minimum of four seats shall be located within the store, with a clear view through exit doors to a passenger pickup or dropoff area.
(12)
Central areas and features. Each development exceeding 20,000 square feet in total gross floor area shall provide central area(s) or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other such deliberately designated areas or focal points that adequately enhance the development or community. All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the building and remainder of the site, and shall be maintained over the life of the building project.
(13)
Cart returns. For indoor sales and service land uses, a minimum of one 200-square-foot cart return area shall be provided for every 100 parking spaces. Cart corrals shall be of durable, nonrusting, all-season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located within 25 feet of the building. Any long-term cart storage shall be located indoors.
(14)
Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of 10 feet. Display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives.
(15)
Outdoor storage uses and areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items, shall be permitted only where clearly depicted and labeled on the approved site plan.
(16)
Landscaping. On-site landscaping shall be provided at time of building occupancy and maintained per the Village's landscaping requirements (see Article 9). In addition to the requirements of Article 9, a minimum ten-foot wide landscaped area shall be located along the building foundation for all facades facing a public street, except where breaks in such landscaping are required to provide customer, employee, or emergency access to the building.
(18)
Signage. The plan for exterior signage shall provide for modest, coordinated, and complementary exterior sign locations, configurations, and color throughout the development, including outlots. All freestanding signage within the development shall complement on-building signage. Monument-style ground signs are required, and shall not exceed a height of eight feet. Consolidated signs for multiple users may be required instead of multiple individual signs. The Village may require the use of muted corporate colors on signage if proposed colors are not compatible with the Village's design objectives for the area. The use of logos, slogans, symbols, patterns, striping and other markings, and colors associated with a franchise or chain is permitted, but shall be considered as contributing to the number and area of permitted signs.
(19)
Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties.
(20)
Natural resources protection. Existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any stormwater detention or conveyance features is solely borne by the developer/owner unless dedicated to and accepted by the Village.
G.
Additional rules applicable to all large developments.
(1)
A large development questionnaire shall be completed and provided along with the conditional use permit application in the format included in Figure 390-0821B at the end of this section.
(2)
Compatibility report. The applicant shall provide, through a written compatibility report submitted with the petition for a conditional use permit, adequate evidence that the proposed building and overall development project shall be compatible with the Village's Comprehensive Plan and any detailed neighborhood or special area plan for the area. The compatibility report shall specifically address the following items:
(a)
A description of how the proposed development is compatible with adopted Village Plans, including the Comprehensive Plan, any detailed neighborhood or special area plans, and other plans officially adopted by the Village.
(b)
Traffic Impact Analysis. The Village may require that a traffic impact analysis be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. Such Traffic Impact Analysis shall require the following components:
[1]
A demonstration that vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length; design, location, and number of traffic control devices; and sidewalks.
[2]
Where the traffic impact analysis indicates that a project may cause off-site public roads, intersections, or interchanges to function below a level of service (LOS) C, the Village may deny the application, require a size reduction in the proposed development, and/or require the developer to construct and/or pay for required off-site improvements to achieve a LOS C for a planning horizon of a minimum of 10 years assuming full build-out of the development.
[3]
The Village has the option to require a trip generation study.
(3)
Economic and fiscal analysis. The Village may require completion of an economic and fiscal impact analysis containing the following items:
(a)
Estimate to what extent the proposed project would reduce the proposed market area's economic base by eliminating existing businesses.
(b)
Compare and evaluate the projected costs and benefits to the community resulting from the project, including:
[1]
Projected costs arising from increased demand for and required improvements to public services and infrastructure.
[2]
Value of improvements to public services and infrastructure to be provided by the project.
[3]
Projected tax revenues to the Village to be generated by the project in the first five years of business.
[4]
Projected impact of the project in the first five years on land values (both residential and nonresidential) and potential loss or increase in tax revenues to the Village of Williams Bay.
(4)
Building placement and site layout. Where buildings are proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or outlots closer to the street. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods, and must forward community character objectives as described in the Village's Comprehensive Plan.
(5)
For a development exceeding 80,000 square feet in total gross floor area of all combined buildings within the development, the Village may require that a detailed neighborhood plan be submitted and approved by the Plan Commission and Village Board. The detailed neighborhood plan shall be prepared for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood. The detailed neighborhood plan shall contain the following specific elements at a scale of not less than one inch equals 400 feet:
(a)
Land use with specific zoning districts and/or land uses.
(b)
Transitional treatments such as berms and/or landscaping between areas with differing land uses or character.
(c)
Complete transportation network, including pedestrian and bicycle facilities and transit routes and stops, where applicable.
(d)
Conceptual stormwater management facilities.
(e)
Proposed public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities.
(f)
Proposed community character themes, including building materials, landscaping, streetscaping, and signage.
(g)
Demonstrate that the proposed detailed neighborhood plan is in harmony with the land use, multi-modal transportation, utility, stormwater management, and community character provisions of the Village's Comprehensive Plan.
(6)
Overall building design. The building exterior shall complement other buildings in the vicinity, and shall be of a design determined appropriate by the Plan Commission:
(a)
The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building.
(b)
A minimum of 20% of the structure's facades that are visible from a public street shall employ actual protrusions or recesses with a depth of at least six feet. No uninterrupted facade shall extend more than 100 feet.
(c)
A minimum of 20% of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet.
(d)
Roofs with particular slopes may be required by the Village to complement existing buildings or otherwise establish a particular aesthetic objective.
(e)
Ground-floor facades that face public streets shall have arcades (a series of outdoor spaces located under a roof or overhang and supported by columns or arches), display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length. The integration of windows into building design is required, and shall be transparent, clear glass (not tinted) between three to eight feet above the walkway along any facades facing a public street. The use of blinds shall be acceptable where there is a desire for opacity.
(f)
Building facades shall include a repeating pattern that includes no fewer than three of the following elements: color change; texture change; material modular change; and expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal, or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
(g)
Landscaped berm. For development exceeding 20,000 square feet in total gross floor area, and where the subject property abuts an area zoned or planned for residential or institutional use, a minimum six-foot-high berm shall be provided. The berm shall be planted with a double row of white, green, or blue spruce plantings, or similar species and varieties approved by the Village, spaced 15 feet on center.
(7)
Building and parking placement A maximum of 75% of all parking spaces located anywhere on the site shall be located between the primary street frontage right-of-way line and line of equal setback to the most distant front wall of the building. The remainder of parking on the site shall be set back a greater distance from this setback line to the sides and rear of the building.
(8)
In general, existing natural features shall be integrated into the site design as a site and community amenity. Each development shall intentionally incorporate into site and building design elements that contribute to the long-term environmental sustainability of the development and the Village. Each development shall provide at least 1/2 of the following sustainability features:
(a)
Reuse an existing, previously developed building and/or site.
(b)
Utilize one or more rain gardens or bioswales, as described in the Village of Williams Bay Landscaping Guidelines, to capture and manage stormwater.
(c)
Incorporate stormwater management facilities that are designed to appear as natural features that can serve as attractive focal points for the development.
(d)
Install native/naturalized landscaping that minimizes requirements for irrigation/watering and provides natural habitat.
(e)
Deliberately design/retrofit the primary building with energy efficient systems, such as lighting, refrigeration, and HVAC systems.
(f)
Utilize paving and/or roof materials with a solar reflectance index of at least 29 for a minimum of 50% of the combined pavement and roof area on the site.
(g)
Recycle a minimum of 75% of the waste generated during building/site construction.
(h)
Utilize a minimum of 25% recycled materials for building construction.
(i)
Utilize a minimum of 50% regional materials for building construction (extracted, harvested, or recovered, and manufacturing from within 500 miles of the development site).
(j)
Purchase a minimum of 50% of the development's energy from renewable sources, such as wind or solar.
(k)
Integrate solar, geothermal, wind, or other on-site energy generation into the site and/or building design.
(l)
Install a green roof or rooftop garden.
(m)
Install systems that allow for the capture and later use of rainwater to water landscaping and for other permitted functions.
(n)
Two additional sustainability features not listed above but approved by the Plan Commission to meet the Village's sustainability objectives, not including any feature already required by another section of this chapter.
(9)
Vacation of existing buildings in large developments.
(a)
Where any large development that has 50,000 or more square feet of floor area is vacated because the commercial use (sale of goods or merchandise at the building) conducted thereon is being relocated to a different building, the party shall be subject to the following provisions:
[1]
The party that vacated the site shall not impose limits on the type of reuse of the vacated site through conditions of sale or lease.
[2]
The development agreement for the new development at the new site shall include provisions therein whereby the developer of the new site commits to the requirements contained herein.
(b)
In addition to the above, any building within a large development that has 20,000 or more square feet of floor area and is vacated for any reason shall be subject to the following provisions:
[1]
The owner must file with the Village a written statement as to the names, phone numbers, and addresses for all persons who are in control of the property and building.
[2]
The owner shall be required to meet the requirements defined in Figure 390-0821A based on the amount of time the building remains vacant:
Figure 390-0821A: Steps for Addressing Building Vacancy | |
|---|---|
Period of Time Building is Vacant | Requirement |
Within 1 year of vacancy | Install a fire department Knox-Box® for annual fire inspection. |
Within 3 years of vacancy | Village may require owner to paint building a neutral color, if not already done. |
Within 5 years of vacancy | Village may require the removal of all hard surfaces, with the exception of the main driveway and fire lane around the building, restore the former hard-surfaced areas with black dirt and grass, or any combination of the above. |
[3]
Within the first quarter of each year of vacancy, the owner shall provide the Zoning Administrator with a statement as to the condition of the building and prospects for removal or reoccupancy of the building(s).
[4]
At any time following vacancy, the Village may utilize other enforcement options available to it to ensure property maintenance and upkeep of the building and site.
[5]
Temporary occupancy of the building(s) and/or the exterior grounds for a period of 365 consecutive days or less shall not be considered to remove the vacancy status of the building under this section.
(10)
Additional requirements. All large developments are subject to the following additional requirements:
(a)
The developer shall enter into a development agreement with the Village, which shall include the payment of all utilities including but not limited to stormwater, sanitary sewer, and street infrastructure. Off-site improvements may also be required as part of the development agreement.
(b)
All buildings on outlots shall be of architectural quality comparable to the primary structure, as determined by the Plan Commission.
Figure 390-0821B: Large Development Questionnaire | ||
|---|---|---|
Applicant and Project Information | ||
Applicant Name | ||
Applicant Address | ||
Applicant Phone Number | ||
Property Owner | ||
Developer | ||
Contractor | ||
Engineer | ||
Architect | ||
Planner | ||
Landscape Architect | ||
Lighting Representative | ||
Existing Site Conditions | ||
Total site area (inclusive of all areas within the parcel) | ||
Environmental corridor components | ||
Surface water | ||
Wetlands | ||
100-year floodplain | ||
Steep slopes (equal to or greater than 12%) | ||
Upland woodlands (per environmental corridor criteria) | ||
Describe how the proposed development is compatible with the following plans and polices: | ||
Williams Bay Comprehensive Plan | ||
Future Land Use | ||
Transportation | ||
Utilities and Community Facilities | ||
Community Character | ||
Agricultural Resources | ||
Natural Resources | ||
Economic Development | ||
Other provisions of the Comprehensive Plan | ||
Williams Bay Park and Open Space Plan | ||
Williams Bay Intergovernmental Agreements | ||
State and County land use, transportation, and park plans | ||
§ 390-0822 Shore yard standards.
[Added 1-15-2024 by Ord. No. 2023-14]
In addition to any other applicable use, site, or sanitary regulation, the following restrictions and regulations shall apply to all shore yard, defined as all land lying within 150 feet of the ordinary high-water mark of any lake and all lands lying within 75 feet of the ordinary high-water mark of navigable rivers or streams, or the landward side of the floodplain, whichever is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps. If evidence to the contrary is presented, the Village Zoning Administrator shall make the initial determination whether or not the river or stream in question is navigable under laws of this state. The Village Zoning Administrator shall contact the appropriate district DNR office for a determination of navigability or ordinary high-water mark. Flood Hazard Boundary Maps, or Flood Insurance Study Maps (or soil maps or other existing county maps used to delineate floodplain areas which have been adopted by Walworth County) shall be used to determine the extent of the floodplain of rivers or streams.
A.
Tree cutting, shrubbery clearing, and earth movements shall require a zoning permit and a conservation plan. In addition, tree cutting and shrubbery removal shall require a tree removal permit issued by the Tree Commissioner. The Zoning Administrator may, where appropriate, require an applicant to furnish a surety to enable the Village carry out an approved land conservation plan. The amount of such surety shall be determined by the Zoning Administrator and the form and type of all sureties shall be approved by the Village Board. The Zoning Administrator may, as appropriate, request a review of the proposed cutting, clearing, or earth movement activity by the Wisconsin Department of Natural Resources, and the USDA Natural Resources Conservation Service, or other appropriate agency, and await their comments and recommendations before issuing a zoning permit but not to exceed 30 days. All cutting, clearing, and earth movement activities shall be so conducted as to prevent erosion and sedimentation and preserve the natural beauty of the shore yard. Paths and trails shall not exceed 10 feet in width and shall be so designed and constructed as to result in the least removal and disruption of natural ground cover and the minimum impairment of natural beauty. In the strip of land 35 feet wide inland from the ordinary high-water mark, no more than 30 feet in any 100 or the same proportion of a smaller lot shall be clear-cut.
B.
Required setbacks. Except as otherwise specified in this chapter, all structures, shall require a setback of at least 150 feet from the ordinary high-water mark, although a greater setback may be required where otherwise regulated by more restrictive ordinances.
(1)
Structures which require authorization or permits from the DNR pursuant to Chapters 30 and 31, Wis. Stats., or which are to be located below the ordinary high-water mark, namely bridges, dams, culverts, piers, wharves, shoreland riprap, navigational aids, and waterway crossings of transmission lines, shall comply with all applicable federal, state, county and local regulations.
C.
Permitted intrusions into required shore yards. Intrusions into shore yards are permitted only in compliance with the requirements of § 390-0505C.
D.
Stairway, walkway, lift, piers, and wharves. Stairway, lift and walkway and that portion of piers and wharves landward of the ordinary high-water mark are exempted from the shore yard setback requirements, provided that the structure is necessary to access the shoreline because of steep slopes or wet, unstable soils. Further, the structure shall be located so as to minimize earth-disturbing activities and shoreland vegetation removal during construction. The structure shall be no more than 48 inches wide; open railings are permitted only where required by safety concerns; canopies, roofs, and closed railings/walls on such structures are prohibited; landings for stairways or docks are permitted only where required by safety concerns and shall not exceed 25 feet in area.
E.
Retaining walls. Retaining walls and terracing may only be allowed as a conditional use in the shore yard setback area where the applicant can successfully prove that there is a current erosion problem that cannot be remedied by resloping and revegetation of the area or other means consistent with natural shoreline aesthetics. Walls and terracing may only be allowed to the extent that they resolve a continuing erosion problem and shall not be used to provide level outdoor living space in the near-shore area.
F.
Earth movements involving stream course changing, waterway construction or enlargement, channel clearing, or removal of stream or lake bed materials are conditional uses requiring review, public hearing, and approval by the Village Board in accordance with § 390-1207. However, such earth movements having a DNR permit under Chapter 30 of the Wisconsin Statutes are exempt from this provision.
G.
No waste materials such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm the waters shall be so located, stored, or discharged in a way that would be likely to run off, seep, or wash into surface or ground waters.
§ 390-0823 Administration and enforcement.
A.
Determinations necessary for administration and enforcement of performance standards set forth in this article range from those that 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 Village 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 Village 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.
B.
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.
C.
The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator 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 Village.