The development and execution of this article is based upon
the division of the City of Brodhead into districts, within which
districts the use of land and buildings, and bulk and location of
buildings and structures in relation to the land, are mutually compatible
and substantially uniform. However, there are certain uses which,
because of their unique characteristics, cannot be properly classified
as unrestricted permitted uses in any particular district or districts,
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities and of the public need for the
particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district,
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses and are those uses specifically designated as conditional uses
by the zoning district or which are classified as a conditional use
under the review procedures in this article.
A.
The Plan Commission may authorize the Zoning Administrator to issue
a conditional use permit for either regular or limited conditional
use after review and public hearing, provided that such conditional
use and involved structure(s) are found to be in accordance with the
purpose and intent of this chapter and are further found to be not
hazardous, harmful, offensive or otherwise adverse to the environment
or the value of the neighborhood or the community. Such Plan Commission
resolution, and the resulting conditional use permit, when for limited
conditional use, shall specify the period of time for which effective,
if specified, the name of the permittee, the location and legal description
of the affected premises. Prior to the granting of a conditional use,
the Plan Commission shall make findings based upon the evidence presented
that the standards herein prescribed are being complied with.
B.
Any development within 500 feet of the existing or proposed rights-of-way
of freeways, expressways and within 1/2 mile of their existing or
proposed interchange or turning lane rights-of-way shall be specifically
reviewed by the highway agency that has jurisdiction over the trafficway.
The Plan Commission shall request such review and await the highway
agency's recommendation for a period not to exceed 20 days before
taking final action.
C.
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards or parking requirements may be required by the Plan
Commission upon its finding that these are necessary to fulfill the
purpose and intent of this chapter.
D.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access and performance standards shall be required of all conditional
uses.
Any person, firm, corporation or organization having a freehold
interest or a possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold interest, or
an exclusive possessory interest, and which is specifically enforceable
in the land for which a conditional use is sought may file an application
to use such land for one or more of the conditional uses in the zoning
district in which such land is located.
A.
Required application materials. An application for a conditional
use shall be filed in duplicate on a form prescribed by the City.
Such applications shall be forwarded to the Plan Commission on receipt
by the City Clerk-Treasurer. Such applications shall include, where
applicable:
(1)
A statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 480-33 hereinafter.
(2)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all property owners of record
within 100 feet.
(3)
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
proposed operation or use of the structure or site; number of employees;
and the zoning district within which the subject site lies.
(4)
Plat of survey showing all of the information required for a building
permit and existing and proposed landscaping.
(5)
The Plan Commission or other officer of the City may require such
other information as may be necessary to determine and provide for
the enforcement of this chapter, including a plan showing contours
and soil types, high-water mark and groundwater conditions, bedrock,
vegetative cover; specifications for areas of proposed filling, grading,
and lagooning; location of buildings, parking areas, traffic access,
driveways, walkways, open spaces and landscaping; plans of buildings,
sewage disposal facilities, water supply systems and arrangements
of operations.
B.
Plans. In order to secure information upon which to base its determination,
the Plan Commission may require the applicant to furnish, in addition
to the information required for a building permit, the following information:
(1)
A plan of the area showing contours, soil types, high-water mark,
groundwater conditions, bedrock, slope and vegetation cover;
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, open spaces, landscaping, lighting;
(3)
Plans for buildings, sewage disposal facilities, water supply systems
and arrangements of operations;
(4)
Specifications for areas of proposed filling, grading, lagooning
or dredging;
(5)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
Upon receipt of the application and statement referred to in § 480-30 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 1 notice, as prescribed by the
Wisconsin Statutes, at least 10 days prior to the public hearing in
the official City newspaper. Notice of the time, place and purpose
of such public hearing shall also be sent to the applicant, the Zoning
Administrator, members of the Plan Commission, and the owners of record
as listed in the office of the City Assessor who are owners of property
in whole or in part situated within 200 feet of the boundaries of
the properties affected, said notice to be sent at least 14 days prior
to the date of such public hearing. Failure to comply with this provision
shall not, however, invalidate any previous or subsequent action on
the application.
No application for a conditional use shall be granted by the
Plan Commission on appeal unless the following conditions are present:
A.
That the establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
B.
That the uses, values and enjoyment of other property in the neighborhood
for purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use, and the proposed use is compatible with the
use of adjacent land.
C.
That the establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
D.
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
E.
That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
F.
That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
G.
That the proposed use does not violate floodplain regulations governing
the site.
H.
That, when applying the above standards to any new construction of
a building or an addition to an existing building, the Plan Commission
shall bear in mind the statement of purpose for the zoning district
such that the proposed building or addition at its location does not
defeat the purposes and objective of the zoning district.
I.
That, in addition to passing upon a conditional use permit, the Plan
Commission shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
When a decision of denial of a conditional use application is
made, the Plan Commission shall furnish the applicant, in writing
when so requested, those standards that are not met and enumerate
reasons the Plan Commission has used in determining that each standard
was not met.
Any action of the Plan Commission in granting or denying a conditional
use permit may be appealed to the Zoning Board of Appeals, if a written
request for an appeal is filed within 10 days after the date of the
Plan Commission's action in granting or denying the permit. Such
request for appeal shall be signed by the applicant or by the owners
of at least 20% of the land area immediately adjacent extending 100
feet therefrom or by the owners of 20% or more of the land directly
opposite thereto extending 100 feet from the street frontage of such
opposite land. The request shall be filed with the Zoning Administrator,
who shall submit it to the Zoning Board of Appeals at its next meeting,
together with any documents and other data used by the Plan Commission
in reaching its decision. The Zoning Board of Appeals may consider
the matter forthwith, refer the matter to a subsequent meeting or
set a date for a public hearing thereon. In the event the Zoning Board
of Appeals elects to hold a public hearing, notice thereof shall be
given by mail to the known owners of the lands immediately adjacent
thereto and directly opposite any street frontage of the lot or parcel
in question and by publication of a Class 1 notice in the official
newspaper at least 10 days before the date of the hearing. The Zoning
Board of Appeals may either affirm or reverse by a 2/3 vote, in whole
or in part, the action of the Plan Commission and may finally grant
or deny the application for a conditional use permit.
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Zoning Board of Appeals on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 480-33 above. In all cases in which conditional uses are granted, the Plan Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In reviewing each application, the Plan Commission shall
evaluate each application and may request assistance from any source
which can provide technical assistance. The Plan Commission may review
the site, existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, stormwater detention, highway
access, traffic generation and circulation, drainage, sewerage and
water systems and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Plan Commission may require the use of certain general types
of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where
a use is proposed to be located on areas indicated as having soils
which are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided which clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter such as lot
width and area, yards, height, parking and loading. No conditional
use permit shall be granted where the proposed use is deemed to be
inconsistent or conflicting with neighboring uses for reasons of smoke,
dust, odors, noise, vibration, lighting, health hazards or possibility
of accident.
Where the Plan Commission has approved or conditionally approved
an application for a conditional use, such approval shall become null
and void within 12 months of the date of the Plan Commission action
unless the use is commenced, construction is underway or the current
owner possesses a valid building permit under which construction is
commenced within six months of the date of issuance and which shall
not be renewed unless construction has commenced and is being diligently
prosecuted. Approximately 45 days prior to the automatic revocation
of such permit, the Zoning Administrator shall notify the holder by
certified mail of such revocation. The Plan Commission may extend
such permit for a period of 90 days for justifiable cause, if application
is made to the City at least 30 days before the expiration of said
permit.
The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this chapter. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 480-33 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 480-32 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 480-33 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 480-36. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-4. In the event that no reasonable modification of such conditional use can be made in order to assure that the standards in § 480-33A and B will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this section may be taken to the Zoning Board of Appeals.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential districts pursuant
to the requirements of this article.
B.
AGENT
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The person designated by the owner as the person in charge
of such establishment and whose identity shall be filed in writing
with the Zoning Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
Any place of lodging that provides eight or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner or agent at the time
of rental and in which the only meal served to guests is breakfast.
C.
Regulations.
(1)
Location. All bed-and-breakfast units shall be established within
a principal structure only.
(a)
A bed-and-breakfast may be located in a formally designated
local, state or national historical structure with an area of not
less than 1,000 square feet of living space.
(b)
A bed-and-breakfast may be located in an existing single-family
dwelling with an area of not less than 1,000 square feet of living
space; however, a new single-family dwelling shall not be constructed
for the purpose of establishing a bed-and-breakfast.
(2)
Number of units. A maximum of eight bed-and-breakfast units may be
established in a structure.
(3)
Domicile requirement. The bed-and-breakfast shall be the domicile
for the owner or manager.
(4)
Employee restriction. The bed-and-breakfast shall employ not more
than the equivalent of two full-time persons who are not domiciled
in the principal structure.
(5)
Dining and other facilities. Dining and other facilities shall not
be open to the public, but shall be used exclusively by the registered
guests and residents, unless allowed by a separate permit.
(6)
Compliance with state standards. All bed-and-breakfast establishments
and licensees shall be subject to and comply with Ch. DHS 197, Wis.
Adm. Code, relating to bed-and-breakfast establishments, or Ch. DHS
195, Wis. Adm. Code, relating to hotels, motels and tourist rooming
houses.
(7)
Registry. Each bed-and-breakfast establishment shall provide a register
and require all guests to register their true names and addresses
before assigned quarters. The register shall be kept intact and available
for inspection by a City representative for a period of not less than
one year.
D.
Permit required.
(1)
City permit required. In addition to the permit required by Ch. DHS
195 or DHS 197, Wis. Adm. Code, before opening for business, every
bed-and-breakfast establishment shall obtain a permit from the Zoning
Administrator by application made upon a form furnished by said officer
and shall obtain a conditional use permit.
(2)
Application requirements. The following is required to be furnished
at the time an application is filed for a conditional use permit in
addition to the other application requirements of this article:
(3)
Display of permit. The permit issued by the Zoning Administrator
shall be conspicuously displayed in the bed-and-breakfast establishment.
E.
Off-street parking required. Permits shall be issued only to those
establishments that provide a minimum of one improved off-street parking
space for each room offered for occupancy. Establishments otherwise
qualifying under this section regulating bed-and-breakfast establishments
shall not be subject to the other requirements of this chapter with
respect to traffic, parking and access.
F.
On-site signs. Total signage shall be limited to a total of four
square feet and may be lighted in such manner and nature as to not
alter or deteriorate the nature of the surrounding neighborhood. Establishments
otherwise qualifying under this section regulating bed-and-breakfast
establishments shall not be subject to the requirements of this chapter
with respect to signs.
G.
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection C above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section or of State of Wisconsin regulations as set forth in Ch. DHS 195 or DHS 197, Wis. Adm. Code, or as above provided.
A.
Intent. The intent of this section is to provide a means to accommodate
a small home-based family or professional business without the necessity
of a rezoning from a residential to a commercial district. Approval
of an expansion of a home occupation at a future time beyond the limitations
of this section is not to be anticipated; relocation of the business
to an area that is appropriately zoned may be necessary.
B.
Permitted home occupations; restrictions. Home occupations, including
professional home offices, meeting the requirements of this section
are a conditional use in all residential districts and are subject
to the requirements of the district in which the use is located, in
addition to the following requirements:
(1)
The home occupation shall be conducted only within the enclosed area
of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structures located on the premises.
(4)
No home occupation use shall create smoke, odor, glare, noise, dust,
vibration, fire hazard, small electrical interference or any other
nuisance not normally associated with the average residential use
in the district.
(5)
Only one sign may be used to indicate the type of occupation or business.
Such sign shall not be illuminated and shall not exceed four square
feet.
(6)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises.
(7)
A permitted home occupation is restricted to a service-oriented business
prohibiting the manufacturing of items or products or the sale of
items or products on the premises. Examples of service-oriented businesses
are, but are not limited to, computer programming, accounting, insurance
agency computer-based consulting, photographic studio and clerical
services.
(8)
A permitted home occupation shall not occupy more than 35% of the
gross floor area of the dwelling.
(9)
Persons employed by a permitted home occupation shall be limited
to resident family members and no more than one nonresident employee.
(10)
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation.
(11)
No retail sales may be conducted from the home occupation premises.
(12)
The types and number of equipment or machinery used on the conditional
use site may be restricted by the Plan Commission.
(13)
Sale or transfer of the property or expansion of the home occupation
shall cause the conditional use permit to be null and void.
[Added 4-10-2006]
A.
Purpose and definitions. The purpose of this section is to apply
design standards and additional conditions to large developments proposed
in the City of Brodhead to insure that such developments are properly
located and compatible with the surrounding area and community character,
and that such developments do not negatively affect the City and property
owners in the future. These large developments should present high-quality
materials and design, promote pedestrian-friendly environments, encourage
responsible stormwater management practices, and insure that the development
is beneficial to the community. A developer's agreement shall
be entered into with the City as a condition for the issuance of a
conditional use permit. Any developer's agreement approved by
the Plan Commission and the Common Council pursuant to this section
shall conform as closely as possible to these standards, but shall
have the flexibility to consider the unique requirements of the individual
development. "Large developments" are defined as individual freestanding
buildings and group developments in which the combined total of all
structures and outdoor sales areas within a development (regardless
of diverse lotting, use or tenancy) combine to more than 20,000 square
feet. Any single retail building 20,000 or more square feet in size
is a conditional use within any zoning district where such use would
otherwise be allowed. Conditional use approval does not exempt such
use from the provisions of this chapter, when applicable. All additions
to existing retail and commercial service buildings built either before
or after the adoption of this section, which bring the total building
size to over 20,000 gross square feet, shall also require a conditional
use permit and become subject to the requirements of this section.
B.
Compatibility with City plans. The applicant shall provide, through
a written report submitted with the petition for a conditional use
permit, adequate evidence that the proposed building and overall development
project is compatible with the City's community character, urban design
and actual area preservation, commercial development, redevelopment
or community facility objectives as expressed in the adopted elements
of the City's Comprehensive Plan.
C.
Building materials. Building materials shall be unified throughout
the building and shall complement other buildings in the vicinity.
Exterior building materials shall be of high and comparable aesthetic
quality on all sides. Building materials such as glass, brick, decorative
concrete block, or stucco shall be used, as determined by the Plan
Commission. Decorative architectural metal with concealed fasteners
may be approved if sensitively incorporated into the overall design
of the building.
D.
Building design. The building exterior shall be unified in design
throughout the structure and shall complement other buildings in the
vicinity. The building shall employ varying building setbacks, height,
roof treatments, door and window openings, and other structural and
decorative elements to reduce apparent size and scale. A minimum of
20% of all the combined facades of the structure shall employ actual
facade protrusions or recesses. 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. Roofs with particular slopes may
be required by the City to complement existing buildings or otherwise
establish a particular aesthetic objective. Ground-floor facades that
face and are within 100 feet of public streets shall have arcades,
display windows, entry areas, awnings, or other such features along
no less than 50% of their horizontal length. The integration of windows
into building design is strongly encouraged.
E.
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. Two or more of the
following design features shall be incorporated into all public building
entryways: canopies or porticos, overhangs, projections, arcades,
peaked roof forms, arches, outdoor patios, display windows, distinct
architectural details. All sides of the building that directly face
or abut a public street or public parking area shall have at least
one public entrance, except that the City shall not require building
entrances on more than two sides of any building.
F.
Building colors. Building facade colors shall be nonreflective, subtle,
neutral, or earth tone. The use of high-intensity colors, metallic
colors, black, or fluorescent colors on facades shall be prohibited.
Building trim and architectural accent elements may feature brighter
colors, but such colors shall be muted, not metallic, and not fluorescent.
Depending upon the intensity and community aesthetic quality of standard
corporate and trademark colors, such colors may be allowed only on
sign face and copy areas.
G.
Building location. Modest building setbacks are encouraged. Where
buildings are proposed to be distant from a public street, the overall
development design shall include smaller buildings on pads or outlets
closer to the street.
H.
Screening. 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. Loading docks shall be completely screened from
surrounding roads and properties. Such screening may be accomplished
through loading areas internal to buildings, screen walls which match
the building exterior in materials and design, fully opaque landscaping
at time of planting, or combinations of the above. Gates and fencing
may be used for security and access, but not for general screening,
and shall be of high aesthetic quality.
I.
Traffic impact. All projects that include buildings over 20,000 square
feet shall have direct access to an arterial street or shall dedicate
public roads which have direct access to an arterial street. 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; traffic control devices; and sidewalks. The site design
shall provide direct vehicular or pedestrian connections to adjacent
land uses if required by the City. Prior to development approval,
the applicant's traffic engineer shall complete and present a
traffic impact analysis following State Department of Transportation
guidelines. Where the project will cause off-site public roads, intersections,
or interchanges to function below Level of Service C, as defined by
the Institute of Transportation Engineers, the City may deny the application,
require a size reduction in the proposed development, or require that
the developer construct and/or pay for required off-site improvements.
J.
Parking. Not more than 50% of the off-street parking spaces shall be located directly between the front facade of the building over 20,000 square feet and the public street, unless additional buildings in the overall development are or will be located between the main building and the public street. Such additional buildings must be sufficient in size, location, and number to provide an effective visual break between the public street and the parking lot. Parking lots in which the number of spaces significantly exceeds the minimum number of parking spaces required in § 480-49 of this chapter shall be allowed only with specific and reasonable justification. 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 20 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 300 square feet in area. Landscaped medians shall also be used to break large parking areas into smaller pods, with a maximum of 100 spaces in any one pod.
K.
Landscaping. On-site landscaping shall be provided per the landscaping requirements of § 480-97D of this chapter. The project shall also provide:
(1)
Extensive building foundation landscaping for all building frontage
facing public streets, parking lots, or residential districts to provide
visual breaks in the mass of the building.
(2)
Extensive paved area landscaping for all parking, driveway, and loading
areas to screen and provide visual breaks in the size of such paved
areas. Canopy/shade trees shall be emphasized within landscaped islands,
with shrubs, ground cover, or grass preferred to mulch or stones.
(3)
Existing natural features and vegetation integrated into the site
design as a site and community amenity, to the extent practical.
L.
Lighting. On-site exterior lighting shall meet all the standards of § 480-69 of this chapter. The color and design of pole lighting standards shall be compatible with the building and the City's public lighting in the area, if a particular public lighting theme has been established for the area.
M.
Signage. On-site signage shall meet the standards of Article VII of this chapter. The plan for exterior signage shall provide for modest, coordinated, and complimentary exterior sign location, configurations, and colors through the development. All freestanding signage within the development shall compliment on-building signage. Monument-style ground signs are strongly preferred over pole signs, and consolidated signs for multiple users are strongly preferred over multiple individual signs.
N.
Bike and pedestrian access. 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. Sidewalks shall
be provided along the entire length of any facade containing a public
entrance, leaving room for foundation planting beds. Pedestrian walkways
shall be provided from all building entrances to existing or planned
public sidewalks or pedestrian/bike facilities. Internal pedestrian
walkways must be distinguished from driving surfaces. Site design
shall allow pedestrians to walk parallel to moving cars. The development
shall provide secure, integrated bicycle parking and pedestrian furniture
in appropriate quantities and location. The building shall provide
awnings or other weather protection features within 30 feet of all
customer entrances.
O.
Central areas/features. Each development that contains a building
over 20,000 square feet in area shall provide an outside central area
or feature, such as a patio/seating area, pedestrian plaza with benches,
outdoor playground area, water feature, and/or other such deliberately
designated area or focal point that adequately enhances 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 maintained over the life of the building and project.
P.
A minimum of one two-hundred-square-foot cart return area shall be
provided for every 100 parking spaces, unless the use does not require
carts. Cart returns shall be of durable, 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.
Q.
Delivery and loading spaces.
(1)
Delivery and loading operations shall be designed and located to
mitigate visual and noise impacts to streets and adjoining residential
neighborhoods. If there is a residential use or residentially zoned
area adjacent to the site, such operations shall not be permitted
between 9:00 p.m. and 6:00 a.m. For good cause shown, the Plan Commission
may permit deliveries at additional times, provided the applicant
submits evidence such deliveries will not negatively impact nearby
residential uses. Delivery and loading areas shall be substantially
set back from a residential use or residentially zoned property that
is adjacent to that site. A landscape buffer of substantial width
should be provided adjacent to the delivery and loading area where
it adjoins residential uses or zones. The landscape buffer should
include evergreen shrubs and/or trees plus deciduous canopy trees
at regular intervals to provide noise, light, and visual screening.
If the delivery and loading spaces are located within an enclosed
building or underground, no such setback and buffer area shall be
required.
(2)
Delivery trucks shall not be parked on the premises during nondelivery
hours with motor and/or refrigerators/generators running, unless the
truck noise is mitigated so that it does not significantly affect
nearby residential properties.
(3)
The delivery and loading areas shall be screened or enclosed so that
they are not visible from public streets, public sidewalks, internal
pedestrian walkways or adjacent properties. The screen shall be of
masonry construction and at least 10 feet high or of a design approved
by the Plan Commission to screen the noise and activity of the loading
dock.
R.
Maintenance and reuse of properties. Unless otherwise specifically
provided in a developer's agreement approved by the Common Council,
all parcels or development sites with a total of 20,000 or more square
feet of new retail development shall be subject to the following provisions:
(1)
The owner shall maintain the property in compliance with all provisions
of the Brodhead Municipal Code or a plan approved as part of a developer's
agreement approved by the Common Council. If the property is not found
to be in compliance with the code or the approved plan, the City may
take action to correct the situation, after providing the owner or
operator with notice of the defective condition and an opportunity
to cure the alleged defective condition. Costs of any such corrective
action by the City shall be assessed as a special charge against the
property, to be added to the property tax bill pursuant to § 66.0627,
Wis. Stats.
(2)
If the facility is vacated, the owner or operator, within 12 months,
shall submit to the Plan Commission a plan contemplating the removal
or reuse of the facility. The time limit may be extended by the Plan
Commission. If the owner or operator is unable to provide a plan which
is acceptable to the Plan Commission, the City may take whatever action
is permitted by law to assure appropriate redevelopment or use of
the facility.
