[HISTORY: Adopted by the Town Board of the Town of Pacific 4-20-2021 by Ord. No. 2021-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Access permits and driveway modifications — See Ch. 345, Arts. III and IV.
Building control — See Ch. 412.
Erosion control — See Ch. 429.
Land division and subdivision — See Ch. 440.
Land use and zoning review — See Ch. 445.
Stormwater management — See Ch. 467.
[1]
Editor's Note: This ordinance also repealed former Ch. 461,
Site Plan Review, adopted 9-18-2012 by Ord. No. 2012-21.
This chapter is established pursuant to the authority conferred
by §§ 60.23 and 61.34(1) and (5) of the Wisconsin State
Statutes, by the adoption of town meeting powers under § 60.10
of the Wisconsin Statutes, and under § 10.16(10) of Columbia
County Zoning Ordinance.
The purpose of this chapter is to promote the public health,
safety, and welfare by ensuring, to the maximum extent practicable,
that future development or redevelopment of individual parcels of
land in the Town of Pacific proceeds according to the Town's
goals, objectives, and policies for its physical growth and change,
as expressed in this chapter and the Town of Pacific Comprehensive
Plan.
Other regulations and standards contained in the Columbia County
Land Division and Subdivision Ordinance, Columbia County Zoning Ordinance,
Town of Pacific Subdivision Ordinance, Town of Pacific Driveway Ordinance,
and Wisconsin Administrative Code pertaining to the use and development
of property may also apply. To the extent possible, the regulations
and standards of this chapter shall be construed to be consistent
and in harmony with other applicable regulations and standards provided.
However, where this chapter imposes greater restrictions, the provisions
of this chapter shall govern.
In the event that a court should determine that a portion of
this chapter is invalid, such invalidity shall not affect the other
provisions of this chapter.
A.
The regulations in this chapter shall apply to all projects (including
new construction, alterations, relocations and/or reconstructions)
in all zoning districts, as follows:
(1)
Project requests that include a Columbia County conditional use permit,
rezoning or variance.
(2)
Project requests for a Comprehensive Plan amendment and have existing
or proposed buildings/structures or other improvements.
(3)
Development of residential land uses consisting of three or more
attached dwelling units per building.
(4)
Development of all projects in which a principal use is a commercial,
industrial, or institutional use, but not including any land use that
is listed as a permitted use within the A-1 Agriculture District (Exclusive)
in the Columbia County Zoning Ordinance.
(5)
Any new accessory use to one of the principal uses listed in Subsection A(3) or (4), including but not limited to signage, lighting, stormwater management, accessory buildings over 300 square feet in floor area, telecommunications facilities, utility facilities, parking and exterior building alterations.
B.
The regulations in this chapter shall not apply to construction projects
that do not involve alterations or additions to exterior features
of a site, and such projects that are not categorized as a conditional
use permit, change of use, rezoning, Comprehensive Plan amendment,
or variance. Examples of such exempt construction activities include,
but are not limited to, interior remodels, interior renovations, mechanical
or replacements, roof-window-door repairs or replacements, etc.
C.
The regulations of this chapter do not apply to residential single-
and two-family construction, including new construction, additions,
alterations or relocations.
D.
The regulations of this chapter do not apply to agricultural structures
or uses, including new construction, additions, alterations or relocations
and specifically does not apply to ordinary farm operations.
E.
The regulations of this chapter do not apply to existing uses or
sites that are not otherwise applicable under this section.
The following definitions shall be applied under this chapter:
A large deciduous shade tree (nonconiferous or ornamental)
of any species other than the following: boxelder, buckthorn, black
locust, poplar, ash, American elm, catalpa, walnut, willow, or other
weak-wooded tree species.
A unit of illumination, equivalent to the illumination at
all points which are one foot distant from a uniform point source,
of one candle power.
The photometric quantity most closely associated with the
perception of brightness and a measurement of the intensity of light
falling on a surface at a given distance from the light source, the
effect of which is measured to identify the brightest and dimmest
points of a site.
A medium or large tree of either deciduous or coniferous
classification meeting the definition of a canopy tree (note excluded
species) but also with visual elements such as flowering and/or ornamental
leaves.
A parcel of record under common and fee simple ownership,
including the following: subdivision lot, tax parcel, condominium
unit, limited common element unit.
A temporary or permanent assembly of prefabricated or constructed
materials consisting of metal, fiberglass, wood or other structural
supports supporting a roof, walls and/or other appurtenances designed
to protect from weather and the elements.
A.
All construction activities covered under this chapter are subject
to site plan approval by the Town prior to building permit issuance.
No building or structure may be erected, constructed or reconstructed,
and no building permit may be issued, unless a site plan has been
submitted and approved in accordance with the requirements and procedures
set forth herein.
B.
Projects specifically exempted by this chapter may also require a
site plan, for review by the Building Inspector, as part of the Town
of Pacific building permit process.
C.
The site plan review fee to be paid by the person submitting the
site plan shall be established by the Town Board and shall be set
forth in the Town of Pacific Fee Schedule.
A.
The Town finds that the preparation, submittal and review of site
plans:
(1)
Ensures that the applicant's proposal is fully depicted in terms
of exterior building and site conditions.
(2)
Ensures that the proposed physical and use changes of the property
are clearly communicated and will meet local requirements.
(3)
Ensures that both current and proposed conditions will not adversely
affect adjoining lands.
(4)
Allows for adequate consideration of future conditions and uses on
the subject property.
(5)
Confirms approval conditions based on measurable standards of design
review and documents those conditions for future record.
(6)
Provides for development that is constructed in accordance with a
clear, documented, and approved plan.
A.
No development subject to site plan and design review shall be commenced
unless, in the determination of the Plan Commission, such development
complies with each of the following design standards of site plan
approval:
B.
Site layout.
(1)
The development shall allow for proper ingress and egress from public roads to the site at designated access points only (see Chapter 345).
(2)
Internal traffic safety shall be provided by adequate driveway widths,
fire lane access and traffic circulation patterns.
(3)
Interconnected parking lots, streets, driveways, and walkways shall
be provided wherever practical to facilitate movement between sites.
Shared driveway and/or parking is encouraged where appropriate.
(4)
No buildings, parking, drive aisles, or other hard-surfaced areas
shall be placed within a twenty-foot wide strip adjacent to the current
or proposed right-of-way or road easement edge.
(5)
The siting of all buildings shall meet any applicable standard within
the Town of Pacific Comprehensive Plan.
(6)
The development shall be so planned and constructed that all surface
drainage meets the standards of applicable Town, county, and state
erosion control and stormwater management regulations, and does not
adversely affect neighboring properties.
(7)
Waste and recycling containment areas shall be screened from view
from all adjoining streets and properties. Screening shall consist
of:
(8)
Screening of mechanical elements such as condensers, vents, utility
meters, and other building attachments is encouraged where in direct
view and not able to be addressed via site/building layout.
(9)
Outdoor storage of materials, equipment, fuel, scrap, inoperative
vehicles and similar objects shall not occur in places that are readily
visible from public rights-of-way or neighboring properties. Such
outdoor storage may require screening depending on the site location,
view from roadway corridors or adjoining properties, and elevation.
C.
Building elements.
(1)
Building materials, colors, designs, and scale shall contribute to
the desired character and image of the Town, and with the applicable
standards expressed in the Town of Pacific Comprehensive Plan. Modifications
to standardized prototype and corporate franchise designs may be required.
(2)
The principal building shall be oriented to the main road on which
the site is located.
(3)
All front and street walls shall provide an architecturally detailed
facade, particularly where building masses and long unbroken building
facades would otherwise result. Unfaced concrete block, structural
concrete, prefabricated metal siding, and similar surfaces are discouraged
for such facades.
(4)
The principal building shall be architecturally finished on all sides
and include architectural details such as variations in height and
roof lines, uses of accenting wall finishes, exterior wall offsets,
overhangs and canopies, windows, bays, and visually distinct entrances.
D.
Parking requirements.
(1)
The design of all new parking areas and all alterations of existing
parking areas shall be subject to the approval of the Town Board,
after review by the Plan Commission. Applications that include parking
areas shall set forth detailed plans on landscaping, parking layout,
drainage provisions, and driveway locations.
(2)
The Town Board may accept less than the required number of parking
stalls if it is shown, to the satisfaction of the Town Board, that
the proposed number of parking stalls will be adequate to address
future needs for the proposed use, or that it is impractical, or undesirable,
to install the required number of parking stalls. Any waiver requests
shall be reviewed, based on the particular circumstances that apply
to the applicant's project.
(3)
In all districts, except single-family residential and agricultural,
there shall be provided at the time any use is increased, or building
is erected, enlarged or extended, off-street parking stalls for all
vehicles in accordance with the following:
(a)
Access. Adequate access to a public street shall be provided
for each parking space.
(b)
Design standards — off-street parking.
[1]
Each required off-street parking space shall have a stall width
of at least nine feet and a stall length of at least 18 feet.
[2]
Such space shall have a vertical clearance of at least 6 1/2
feet.
[3]
Accessible parking shall be provided pursuant to ADA Standards
for Accessible Design, Section 208 and Section 502, in addition to
the appropriate accessible route requirements under Section 206.
[4]
Accessible spaces shall be located as close as possible to an
entrance which allows a physically disabled person to enter and leave
the principal building or use area.
[5]
Minimum width of the aisles providing access to stalls for one-way
traffic shall be as follows: Aisles shall be not less than 24 feet
wide for 90° parking, 18 feet wide for 60° parking, 15 feet
wide for 45° parking (angle shall be measured between center line
of parking space and center line of aisle), and 12 feet wide for parallel
parking.
[6]
Design standards — parallel parking. For parallel parking,
the minimum length of the parking space shall be increased to 23 feet.
No parking area of more than two spaces shall be designed to require
any vehicle to back into a public street. Those parking areas for
five or more vehicles, if adjoining a residential use, shall be screened
by a solid wall, fence, evergreen planting of equivalent visual density
or other effective means, built and maintained at a minimum height
of five feet. Large expanses of unchanneled parking areas shall provide
for interior landscaping and safety islands.
(4)
Parking stalls required. Required parking shall be based on IBC (International
Building Code Current Version) Use and Occupancy Classification, Chapter
3, for existing and proposed uses, with the following prescribed guidelines:
(a)
Assembly, Group A, uses shall have a minimum of one space for
each employee at the largest work shift plus 1/2 of the total occupant
load in parking spaces.
(b)
Business, Group B, uses shall have a minimum of one space for
each employee at the largest work shift plus 1/4 of the total occupant
load in parking spaces.
(c)
Educational, Group E, uses shall have one stall for each employee
plus one stall per permitted student auto plus visitor parking in
an amount based on the largest event required to be served by the
use.
(d)
Factory, Industrial and High Hazard, Group F and H, uses shall
have a minimum of one space for each employee in the largest work
shift plus visitor parking in an amount based on the largest event
required to be served by the use.
(e)
Institutional, Group I, uses shall have a minimum of one stall
per every five beds plus one stall for each employee on the largest
work shift.
(f)
Mercantile, Group M, uses shall have a minimum of one stall
per every 300 square feet in floor area, with the practical minimum
of one stall per every employee on the largest work shift plus one
visitor.
(g)
Residential, Group R, uses shall have from one to 2.5 stalls
per dwelling unit based on the density and efficiency of the proposed
use, with the practical minimum of one stall per dwelling unit for
transient residential uses, such as hotels or bed-and-breakfasts.
(h)
Storage, Group S, uses shall have a minimum of one space for
each storage unit. All drive aisle space is considered parking space
eligible to meet this requirement, provided it does not interfere
with regular or emergency services access at any time.
(i)
Utility and Miscellaneous, Group U, uses are considered Group
S uses for the purposes of administering this chapter.
(5)
Surfacing. All driveway and parking surfaces shall be hard-surface,
dust-free and nontracking, preferably with hard surfaces that can
be clearly striped, which may require sealing and restriping for existing
sites.
(6)
Marking. Any parking area for more than five vehicles shall have
the aisles and spaces clearly marked, whether existing or proposed.
(8)
Loading. The site plan design for uses requiring loading shall address
pertinent off-street considerations.
(10)
Landscaping requirements. Landscaping for uses that require five or more spaces is required pursuant to Subsection E.
(11)
Shared parking.
(a)
Parking may be shared by one or more uses if approved by the
Plan Commission via the site plan approval process, CUP or land division
process.
(b)
The applicant shall demonstrate that there is no substantial
conflict in the demand for parking during the principal operating
hours of the two of more uses for which the shared parking facility
is proposed to serve.
(c)
Shared parking facilities, or joint parking uses, shall provide
a total number of parking spaces which shall not be less than the
sum total of the separate parking needs for each use during any peak-hour
parking period when said joint parking facility is utilized concurrently.
This aggregate requirement may be adjusted by the Town Board, if it
determines such adjustment to be consistent with the purposes of this
chapter.
(d)
Each parking space designed to serve as joint parking shall
not be located farther than 400 feet, except as permitted herein,
from the principal structures it is designated to serve.
(e)
A shared parking agreement, or other legally binding instrument,
shall be executed by any and all parties to be served by a shared
parking facility. This instrument shall be recorded with the County
Register of Deeds and filed with the Town Clerk.
E.
Landscaping.
(1)
Pre-existing landforms, terrain, and vegetation shall be preserved
in their natural state, insofar as practicable, by minimizing modifications
that are not essential to project development and by designing grades
and contours in general conformance with neighboring developed areas.
(2)
New landscape plantings shall be focused near building foundations,
within and around parking lots and loading areas, and within the yard
adjacent to the main road on which the development site is located,
in a manner consistent with vision clearance triangle requirements
and taking into consideration the full growth state of the vegetation.
(3)
New plantings shall be provided in accordance with the following
guidelines:
(a)
Plans should include plantings of the following types and number
per every acre of parcel area under contiguous ownership:
(4)
Credit towards planting requirements may be provided where the retention
and protection of existing trees are included in the landscape plan
on the subject parcel under continuous ownership.
(5)
Credit towards integral landscaping concepts, such as using combinations
of building perimeter landscaping and paved area landscaping, such
as tree islands, together with waste area screening or other integral
building/site elements, are encouraged for comprehensive site design
and to lessen the overuse of any one particular landscaping element.
(6)
The use of decorative stone, pavers, wood mulch, stones walls or
layered rock accents, and accent plantings such as tall grasses, is
encouraged within landscaping amenities.
(7)
Use of building features or ornamental elements tied to the facility
appearance, use or product is encouraged.
(8)
Screening of mechanical elements such as condensers, vents, utility
meters, and other building attachments shall be encouraged where in
direct view and not able to be addressed via site/building orientation.
(9)
On-site nonmunicipal stormwater management areas, such as rain gardens,
attenuation ponds, and biofilters, shall be considered landscaping
amenities and shall be maintained for engineering performance as well
as aesthetic appearance.
(10)
Landscaping required under this section is intended to be a
permanent site improvement. As such, all landscaping is to be continually
maintained in a live, healthy, safe, and aesthetically pleasing state.
Recognizing that over time plants may mature and die or otherwise
need replacing because of natural or unnatural causes, maintenance
shall include the removal and replacement of dead or dying plants.
Such replacement shall occur within the same year in which a plant
dies or in the spring planting season of the following year.
(11)
Landscaping shall be provided with adequate stabilizing mechanisms
designed for wind, erosion and varying weathering conditions such
as tie-downs, matting and tree staking. Installations shall consider
site erosion control provisions.
(12)
Planting in utility easements is at the risk of the property
owner. Any plants that must be removed because of utility work within
such easements shall be replaced by the property owner at his or her
cost.
(13)
Tree or shrub planting in any public right-of-way or on any
public land in the Town is prohibited.
(14)
All proposed landscape plantings to be located on each subject
property shall be depicted on a landscape plan as to their location,
type, and size and should take into consideration their size at maturity.
Such plan shall be subject to Plan Commission review/approval as a
part of the site plan review process. The landscape plan shall include
sufficient information to determine compliance with this section,
and shall, at a minimum, contain the following information:
(a)
The date, scale, North arrow, title, and name of owner.
(b)
All existing and proposed buildings and other structures, paved
areas, planted areas, power poles, underground and overhead utilities,
light standards, signs, fences, sidewalks, and other permanent features
to be added and/or retained on the site.
(c)
The location and height of all trees to be preserved or retained.
(d)
The location of all plants and landscaping material to be used,
including paving, benches, screens, or other landscape features.
(e)
A delineation of the designated landscaped area.
(f)
A list of the type of all plant material to be used and their
size and height.
(g)
Notes on any existing or proposed irrigation system, including
controls.
(h)
Installation details of trees, shrubs, grasses or other decorative
features, including berms, unless otherwise covered in other engineering
drawings.
(i)
If screening utilizes fencing, the type, height, material, positioning
and installation details.
(j)
Retaining walls or engineered slopes shall be depicted along
with details on installation, type/materials, finished appearance,
drainage and setbacks, unless otherwise covered in other engineering
drawings.
(k)
Easements and rights-of-way.
(l)
Provisions for snow storage and removal from paved areas.
(m)
The name, address, and telephone number of the person or firm
responsible for the preparation of the landscape plan.
(15)
Existing sites that are applicable under this chapter shall
be required to provide landscaping plans to evaluate existing and
proposed landscaping, even if there are no exterior site modifications
proposed, when there is a conditional use permit review, rezoning
review, or land division review by the Town.
F.
Exterior lighting.
(1)
Lighting required. Parking lots in business, institutional, and multifamily
residential districts require on-site lighting.
(2)
Lighting plan required.
(a)
An exterior lighting plan, showing photometric and illumination
levels on a grid pattern, is required as a part of the site plan submittal.
Lighting plans shall be to scale and shall be of sufficient detail
to show existing and proposed building/site elements, landscaping,
screening and fencing (if applicable), existing lighting (if applicable)
and adjoining property uses.
(c)
Lighting levels at the property line shall be minimized to the
extent practical, but shall adhere to the following standards:
[1]
Three footcandles at the street frontage or right-of-way where
access is proposed.
[2]
Zero to one footcandle at the side and rear lot lines where
access is not proposed.
[3]
Cut-offs or other attachments shall be provided for all fixtures
to minimize or eliminate glare to adjoining properties.
[4]
All fixtures shall be dark-sky compliant.
[5]
Signage shall be included in light plan illumination design
where signage is proposed.
[6]
Temporary emergency lighting for the purpose of public safety
is exempt from the standards of this chapter.
[7]
Flagpole illumination is exempt from the standards of this chapter.
(3)
Existing sites that are applicable under this chapter shall be required
to provide lighting plans to evaluate existing and proposed lighting,
even if there are no exterior site modifications proposed, when there
is a conditional use permit review, rezoning review, or land division
review.
(4)
The Town may specify certain hours within which illumination of signs
or exterior light fixtures is permitted or prohibited.
G.
Site plan and design review process.
(1)
Application. Before or upon application for a building permit, the
applicant shall be advised by the Town Clerk whether compliance with
this chapter is required. If required, the applicant shall be notified
that this chapter is applicable, and an application with plans required
by this chapter must be transmitted by the applicant to the Town Clerk,
with appropriate fees. The Town Clerk, upon confirming with the Town
Engineer that the application is complete with plans required by this
chapter, shall place the application on the agenda of the next regular
Plan Commission meeting scheduled at least seven days from the date
upon which the Town Clerk determines that the application is complete.
(2)
Plan Commission review.
(a)
The Plan Commission shall review the application and submitted
plans to determine whether the development complies with the provisions
of this chapter. As part of its review, the Plan Commission may consult
with staff, consultants, and officials of the Town, county and state,
as well as fire and emergency medical services providers, or other
agencies.
(b)
Plan Commission review, under this chapter, may be combined
with related reviews for rezoning, conditional use permit, land division,
or other land use approvals.
(3)
Plan Commission action. Following its review, the Plan Commission
shall take action to recommend to the Board approval, conditional
approval, or rejection of the application and submitted plans. Such
action shall take place within 60 days of the submittal of a complete
application, unless the deadline is extended by agreement of the Plan
Commission and the applicant. Plan Commission action may be in the
form of a copy of the minutes of the Plan Commission meeting at which
such action was taken, or a report from the Plan Commission. In the
case of a recommendation of rejection, the Plan Commission shall list
the reasons that were its basis for recommending rejection.
(4)
Town Board action. The Town Board shall approve, conditionally approve
or reject the application and submitted plans. In the case of rejection,
it shall list the reasons that were the basis for its rejection.
(5)
Variances. Any variance requests from the requirements of this chapter
must be submitted, in writing, with the site plan application on a
variance form approved by the Town. A filing fee in the amount established
by the Town Board must accompany the variance request. The Plan Commission
shall submit its recommendation on the variance application to the
Town Board. The Town Board shall then act on the approval or denial
of the variance application.
(6)
Project commencement. No building permit may be issued and no construction
on any development project under the jurisdiction of this chapter
may be commenced until the Building Inspector has received, in writing,
Town approval of the application and submitted plans, and all conditions
of approval that reasonably could have been satisfied have in fact
been satisfied. The property owner shall be responsible for installing
and maintaining all site improvements in conformity with the approved
plans and all conditions.
(7)
Violations and penalties.
(a)
Any landowner, land user, and/or responsible party who proceeds with construction/development contrary to this chapter, or otherwise on the applicant's project fails to comply with terms set by the Town in its approval of the application, shall be subject to a penalty as provided in § 1-1 of this Code, plus the costs of prosecution for each violation. Each day that violation exists or continues shall constitute a separate offense.
(b)
Enforcement by injunction. Compliance with the provisions of
this chapter may also be enforced by injunctive relief initiated by
the Town. It shall not be necessary to prosecute for forfeiture before
resorting to injunction proceedings.
(8)
Appeals. Actions of the Plan Commission under this chapter shall
be appealable, as administrative interpretations, to the Town Board.
