Village of Cottage Grove, WI Performance Standards

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.

Commercial (except offices), storage/disposal, transportation and industrial land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, an additional loading berth shall be required for any portion of each 50,000 square feet of gross floor area in addition to the original 29,999 square feet.

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.

§ 325-75 Off-street parking and traffic circulation standards.

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.

Location and 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 300 feet, except as permitted by a conditional use permit, of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of § 325-75F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.

Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of operable vehicles not for lease, rent or sale. Within residential districts, required parking spaces shall only be used by operable cars and trucks.

Traffic circulation and traffic control. Site circulation shall be designed to provide for the safe and efficient movement of all traffic entering, exiting and on the site. Circulation shall be provided to meet the individual needs of the site with specific mixing of access and through movements, and where required, shall be depicted on the required site plan. Circulation patterns shall conform with the general rules of the road and all traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.

Installation and maintenance of off-street parking and traffic circulation areas. 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 § 325-89D.

Off-street parking and traffic circulation design standards.

Surfacing and marking. All off-street parking and traffic circulation areas (including all residential driveways except those within the RH District) shall be paved with a hard, all-weather surface, to the satisfaction of the Director of Public Works. Said surfaces intended for six or more parking stalls shall be marked in a manner which clearly indicates required parking spaces.

Curbing. All off-street parking areas designed to have head-in parking within 6 1/2 feet of any lot line shall provide a tire bumper or curb of adequate height and which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter.

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 footcandles is recommended for said areas, and said illumination level shall not exceed the standards of § 325-78.

Access. Each required off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way exceeding 82.5 feet in width. All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley, in a manner which least interferes with traffic movements. No driveway across public property, or requiring a curb cut, shall exceed a width of 40 feet for commercial and industrial land uses or 25 feet for residential land uses. [See also Table 325-75G(1).] Off-street parking spaces for residential uses may be stacked or in front of one another for the same building unit. Parking spaces located behind an enclosed garage and located directly off a through aisle shall be a minimum of 30 feet deep.

(5)

Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article VII.

(6)

Handicapped parking spaces. Parking for the handicapped shall be provided at a size, number, location and with signage as specified by state and federal regulations.

(7)

Parking space design standards. Other than parking required to serve the handicapped, every and all provided off-street parking space shall comply with the minimum requirements of Table 325-75G(1). The minimum required length of parking spaces shall be 17.0 feet, plus an additional one-and-one-half-foot vehicle overhang area at the end of the stall. All parking spaces shall have a minimum vertical clearance of at least seven feet.

(8)

Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage.

(9)

Parking lot design standards. Horizontal widths for parking rows, aisles and modules shall be provided at widths no less than listed in Table 325-75G(1) below. Additional design standards apply to group developments (see § 325-50).

(10)

Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in § 325-59D.

Calculation of minimum required parking spaces.

General guidelines for calculating required parking spaces. The requirements of § 325-75G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use; the gross floor area of the use; or the number of employees which work at the subject property during the largest work shift. The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" 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. Said spaces shall be in addition to those required by § 325-75G(3) below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak hour parking space demand shall be provided by said land use.

[Amended 4-21-2014 by Ord. No. 03-2014]

Table 325-75G(1) Parking Layout Dimensions
	0º			45º					60º
Stall width at parking angle (SW)	8.0	8.5	9.0	8.0	8.5	9.0	9.5	10.0	8.0	8.5	9.0	9.5	10.0
Stall width parallel to aisle (WP)	22.0	23.0	25.0	11.5	12.0	12.5	13.5	14.0	9.0	10.0	10.5	11.0	11.5
Stall depth to wall (D)	8.0	8.5	9.0	18.0	18.5	19.0	19.5	20.0	20.0	20.5	20.5	21.0	21.0
Stall depth to interlock (DI)	8.0	8.5	9.0	16.0	16.0	16.0	16.5	16.5	17.5	18.0	18.0	18.0	18.0
Stall length (SL)	22.0	23.0	25.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0
Aisle width (AW)	11.0	10.5	10.0	11.0	10.5	10.0	9.0	9.0	18.0	17.0	17.0	16.0	15.0
Wall-to-wall parking module - single loaded (W1)	19.0	19.0	19.0	29.0	29.0	29.0	28.5	29.0	38.0	37.5	37.5	37.0	36.0
Wall-to-wall parking module - double loaded (W2)	27.0	27.5	28.0	47.0	47.5	48.0	48.0	49.0	58.0	58.0	58.0	58.0	57.0
Wall to interlock — double loaded (W3)	27.0	27.5	28.0	45.0	45.0	45.0	45.0	45.5	55.5	55.5	55.5	55.0	54.0
Interlock to interlock — double loaded (W4)	27.0	27.5	28.0	43.0	42.5	42.0	42.0	42.0	53.0	53.0	53.0	52.0	51.0

	70º					80º					90º
Stall width at parking angle (SW)	8.0	8.5	9.0	9.5	10.0	8.0	8.5	9.0	9.5	10.0	8.0	8.5	9.0	9.5	10.0
Stall width parallel to aisle (WP)	8.5	9.0	9.5	10.0	10.5	8.0	8.5	9.0	9.5	10.0	8.0	8.5	9.0	9.5	10.0
Stall depth to wall (D)	20.5	20.5	20.5	21.0	21.0	20.0	20.0	20.0	20.0	20.0	18.0	18.0	18.0	18.0	18.0
Stall depth to interlock (DI)	18.0	18.0	18.0	18.0	18.5	17.0	17.5	17.5	17.5	17.5	18.0	18.0	18.0	18.0	18.0
Stall length (SL)	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0	18.0
Aisle width (AW)	19.5	19.0	18.5	17.5	17.0	27.0	25.0	23.0	22.0	22.0	28.0	26.0	24.0	23.0	22.0
Wall-to-wall parking module - single loaded (W1)	40.0	39.5	39.0	38.5	38.0	47.0	45.0	43.0	42.0	42.0	46.0	44.0	42.0	41.0	40.0
Wall-to-wall parking module - double loaded (W2)	60.5	60.0	59.5	59.5	59.0	67.0	65.0	63.0	62.0	62.0	64.0	62.0	60.0	59.0	58.0
Wall to interlock - double loaded (W3)	58.0	57.5	57.0	56.5	56.5	64.0	62.5	60.5	59.5	59.5	64.0	62.0	60.0	59.0	58.0
Interlock to interlock - double loaded (W4)	55.5	55.0	54.5	53.5	54.0	61.0	60.0	58.0	57.0	57.0	64.0	62.0	60.0	59.0	58.0

	Diagram for Table 325-75G(1), Typical Parking Layout Dimensions

Joint and off-site parking facilities.

Parking facilities which have been approved by the Director of Public Works to provide required parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses.

Each parking space designed to serve as joint parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, from the access to all of the various areas it is designated to serve. See § 325-49F(1).

The applicant(s) for approval of a joint parking facility shall demonstrate to the Director of Public Works' satisfaction 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 joint parking facility is proposed to serve.

(d)

A legally binding instrument, approved by the Village Administrator, shall be executed by any and all parties to be served by said joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Village Clerk. A fee shall be required to file this instrument (refer to the Village Administrator).

Minimum off-street parking requirements for land uses. The off-street parking requirements for each land use are listed within § 325-50.

Provision of fee-in-lieu of parking spaces development. Within the Central Business District, the parking requirements of this chapter are hereby waived.

(5)

Locational prohibitions for off-street parking areas.

Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way except within residential driveways and parking lots designated on the approved site plan (see § 325-112).

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.

(6)

Minimum permitted throat length. The Table 325-75G(6) shall be used to determine the minimum permitted throat length of access drives serving parking lots, as measured from the right-of-way line along the center line of the access drive:

Table 325-75G(6) Minimum Permitted Throat Length
Land Use	Type	Scale of Development	Type of Access Street
Land Use	Type	Scale of Development	Collector	Arterial
Residential	Any Residential	0-100 dwelling units	25 feet	—
		101-200 dwelling units	50 feet	75 feet
		201+ dwelling units	75 feet	125 feet
Commercial	Office	0-50,000 gross sq. ft.	25 feet	50 feet
		50,000-100,000 gross sq. ft.	25 feet	75 feet
		100,000-200,000 gross sq. ft.	50 feet	100 feet
		200,001+ gross sq. ft.	100 feet	150 feet
	In-Vehicle Sales	0-2,000 gross sq. ft.	25 feet	75 feet
	In-Vehicle Sales	2,001+ gross sq. ft.	50 feet	100 feet
	Indoor Entertainment	0-15,000 gross sq. ft.	25 feet	50 feet
	Indoor Entertainment	15,000+ gross sq. ft.	25 feet	75 feet
	Commercial Lodging	0-150 rooms	25 feet	75 feet
	Commercial Lodging	151+ rooms	25 feet	100 feet
	Other Commercial Uses	0-25,000 gross sq. ft.	25 feet	50 feet
		25,001-100,000 gross sq. ft.	25 feet	75 feet
		100,000-500,000 gross sq. ft.	50 feet	100 feet
		500,001+ gross sq. ft.	75 feet	200 feet
Industrial	All Industrial Uses	0-100,000 gross sq. ft.	25 feet	50 feet
		100,001-500,000 gross sq. ft.	50 feet	100 feet
		500,000+ gross sq. ft.	50 feet	200 feet
All Other Uses	6+ parking spaces		25 feet	50 feet

§ 325-76 Driveways.

All driveways installed, altered, changed, replaced or extended after the effective date of this chapter shall meet the following requirements:

Islands between driveway openings in business and industrial areas shall be provided with a minimum of 12 feet between all driveways and six feet at all lot lines.

Openings for vehicular ingress and egress shall not exceed 24 feet at all lot lines.

Vehicular entrances and exits to drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages or public parking lots 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.

Shared driveways. Private driveways shall serve no more than one residential or commercial use unless specifically approved by the Plan Commission. Approvals for shared driveways shall be in situations where literal enforcement of the standard for individual private driveways serving each residential or commercial use would conflict with highway access requirements, would not be practical or would cause unnecessary hardship. The Plan Commission may attach conditions or require periodic review of all exceptions to the driveway standard.

Residential driveways. In SR-3 or SR-4 residential areas, each dwelling unit shall have driveway access to not more than one street or highway, except through lots which shall not designate more than one street or highway for driveway access.

§ 325-77 Highway access.

No direct private access shall be permitted to the existing or proposed right-of-way of expressways, nor to any controlled access arterial street, without permission of the highway agency that has access control jurisdiction.

No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

Freeway, interstate highways and their interchanges or turning lanes nor to intersection or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes.

Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.

Streets intersecting an arterial street within 50 feet of the intersection of the right-of-way lines.

Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above-specified streets or highways.

Temporary access to the above rights-of-way may be granted by the Plan Commission after review and recommendation by the highway agencies having jurisdiction. Such access permits shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.

§ 325-78 Exterior lighting standards.

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 prevent the creation of nuisances. A further purpose of this section is to regulate outdoor night lighting fixtures to preserve and enhance the area's dark sky while promoting safety, conserving energy and preserving the environment for astronomy.

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. For the purpose of this section:

"Exterior lighting" means an outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including general lighting fixtures, searchlights, spotlights and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, signage or other purposes.

"Shielded" means a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected at least fifteen° below a horizontal plane running through the lowest point on the fixture where light is emitted.

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.

Requirements.

Orientation of fixture. All exterior lighting shall be shielded, except for incandescent fixtures of 150 watts or less, and other sources of 70 watts or less. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is required so as to facilitate compliance with this requirement.

Intensity of illumination and filtering. In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandles above ambient lighting conditions on a cloudless night. In addition to this requirement, all exterior lighting fixtures shall not exceed the illumination levels recommended by the Illuminating Engineering Society of North America (IES) as given in the Appendix.[1] All metal halide fixtures shall be filtered by a glass or acrylic enclosure. Quartz glass shall not be considered as meeting this requirement.

[1]

Editor's Note: Said Appendix, Appendix D: Exterior Lighting Standards, is included at the end of this chapter.

Location. Light fixtures shall not be located within required bufferyards.

Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists are prohibited.

(5)

Minimum lighting standards. All areas designated on required site plans for vehicular parking, loading or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.4 footcandles.

(6)

Nonconforming lighting. All lighting fixtures existing prior to the effective date of this chapter shall be considered as legal conforming structures. However, such nonconforming fixtures are encouraged to be extinguished by 11:00 p.m. All replacement fixtures shall fully comply with the requirements of this section.

(7)

Special events lighting. Any temporary use using exterior lighting that is not in complete compliance with the requirements of this section shall secure a temporary use permit.

(8)

Display lot lighting. Display lot lighting shall be extinguished within minutes after closing of the business. Under no circumstances shall the illumination of display lots be permitted between 11:00 p.m. and 7:00 a.m. All exterior lighting during such period shall be at low levels for security purposes only.

(9)

Architectural lighting. All architectural lighting shall be of 150 watts or less in incandescent and shall be of 70 watts or less for other lighting types. Under no circumstances shall the illumination of architecture be permitted between 11:00 p.m. and 7:00 a.m. All exterior lighting during such period shall have a minimum of 90% of their light fall onto the illuminated structure rather than into sky or space beyond the structure.

(10)

Use of mercury vapor fixtures. No new mercury vapor exterior lighting fixtures shall be installed following the effective date of this chapter.

§ 325-79 Air pollution.

No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringelmann Charts, described in the United States Bureau of Mines Information Circular 7718, in any industrial district.

§ 325-80 Fire and explosive hazards.

All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

§ 325-81 Glare and heat.

No activity shall emit glare or heat that is visible or measurable outside its premises except activities in the general industrial district which may emit direct or sky-reflecting glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

§ 325-82 Liquid or solid wastes.

No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.

§ 325-83 Noise.

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 general welfare of the public.

Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property or by incidental traffic, parking, loading, maintenance or agricultural operations

Requirements.

All noise shall be muffled so as not be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in § 325-83C(1) (set out hereafter) as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983, where said lot abuts property within any residential, office, commercial zoning district or the Planned Industrial (PI) District. (See § 325-34.)

	Table 325-83C(1) Maximum Permitted Noise Level at Lot Line For Noise Radiated Continuously*
	Zoning District	Increase in Noise Level over Ambient Level
	RH, SR-3, SR-4, TR-8, MR-10, MR-12	plus 3 dBA
	NO, PO, PB, NB, CB, PI	plus 5 dBA
	GI, HI	plus 8 dBA

* If the noise is not smooth and continuous or is present only during daytime hours, one or more of the corrections in Table 325-83C(2) below shall be added to or subtracted from each of the decibel levels given above in Table 325-83C(1).

Noises that were in effect as of the effective date of this chapter shall be considered legal nonconforming noises. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter shall be the responsibility of the noise producer.

	Table 325-83C(2) Adjustment Factors for Maximum Noise Levels
	Type of Operation in Character of Noise	Correction in Decibels
	Daytime operation only	plus 5
	Noise source operates less than 20% of any one-hour period	plus 5*
	Noise source operates less than 5% of any one-hour period	plus 10*
	Noise source operates less than 1% of any one-hour period	plus 15*
	Noise of impulsive character (hammering, etc.)	minus 5
	Noise of periodic character (hum, speech, etc.)	minus 5

*Apply only one of these corrections.

§ 325-84 Vibration standards.

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 general welfare of the public.

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.

Depiction on required site plan. Any activity or equipment which create detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 325-111.)

Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given below.

Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula:

D = K/f, where D = displacement in inches.

K = a constant to be determined by reference to the tables below.

f = the frequency of vibration transmitted through the ground, cycles per second.

Standards in the General Industrial District. In the General Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

Location		K
On or beyond any adjacent lot line
	Continuous	0.015
	Impulsive	0.030
	Less than 8 pulses per 24-hour period	0.075
On or beyond any residence district boundary
	line
	Continuous	0.003
	Impulsive	0.006
	Less than 8 pulses per 24-hour period	0.015

Standards in the Heavy Industrial District. In the Heavy Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

Location		K
On or beyond any adjacent lot line
	Continuous	0.030
	Impulsive	0.060
	Less than 8 pulses per 24-hour period	0.150
On or beyond any residence district boundary line
	Continuous	0.003
	Impulsive	0.006
	Less than 8 pulses per 24-hour period	0.015

Standards in the Planned Industrial District. In the Planned Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

Location		K
On or beyond any residence district boundary line
	Continuous	0.003
	Impulsive	0.006
	Less than 8 pulses per 24-hour period	0.015

§ 325-85 Odors.

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 general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.

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 which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property where said lot abuts property within any residential, office, commercial zoning district or the Planned Industrial (PI) District. (See § 325-34.)

§ 325-86 Electromagnetic radiation standards.

Purpose. The purpose of this section is to regulate the creation of electromagnetic radiation that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply:

American Institute of Electrical Engineers;

Institute of Radio Engineers; and

Electronic Industries Association.

§ 325-87 Storage of hazardous materials.

No aboveground or below-ground storage tanks or other containers of hazardous materials in excess of 55 gallons' capacity shall be located in a residential district or within 25 feet of a residential district boundary. Storage associated with residential heating systems shall be excepted from this requirement.

Where hazardous or inflammable materials used for commercial purposes are stored above ground or where the valves or other control mechanisms are not within an enclosed and security locked structure, such facilities shall be enclosed within a security fence not less than six feet in height if such facilities are within 200 feet of a residential district.

§ 325-88 Fences and hedges.

Residential fences. Fences or hedges for residential one- and two-family dwellings shall be erected or planted within the lot lines. All fences and hedges shall be erected or planted so as to not depreciate any immediate property or endanger any lives as determined by the Building Inspector. (Recommendation: Property owners are encouraged to review all applicable neighborhood restrictive covenants prior to installation of any fence.) Residential fences shall comply with the following requirements:

[Amended 9-20-2021 by Ord. No. 08-2021]

Dimensional requirements.

The maximum dimension of wood posts shall be six inches nominal.

The maximum dimension of boards shall be one inch by eight inches nominal.

The maximum diameter of individual pickets of a stockade fence shall be three inches nominal.

(d)

The use of doors or plywood sheets is prohibited.

(e)

All structural elements of the fence shall face the interior of the lot on which the fence is erected unless otherwise exempted by the Building Inspector.

(f)

Barbed wire and electrical fences are prohibited.

(g)

Fences and hedges in side and rear yards shall not exceed six feet in height from ground level.

(h)

Fences or hedges in side yards shall not extend beyond the front building line of the dwelling.

(i)

Where such lot line is adjacent to nonresidentially zoned property, there shall be an eight-foot height limit from ground level.

Fences and hedges in street yards. Only decorative fences or hedges may be erected in street yards subject to the following requirements:

Decorative fences or hedges shall be defined as a barrier, which utilizes natural materials such as wood or stone, ornamental vinyl or steel, and includes such plant materials as hedges. Wire, chain link or cyclone types of fencing materials are prohibited.

No fencing will be allowed in a right-of-way or easement.

No fence or hedge shall be erected, constructed, maintained or grown to a height exceeding three feet above the street grade nearest thereto.

No fence or hedge shall be erected on any corner lot less than 10 feet from the traveled portion of any public highway. Fences or hedges are also prohibited in any location where such barrier creates a potentially hazardous site-line situation, as determined by the Building Inspector. In making such determination the Building Inspector shall utilize the "Vision Triangle Formula" of the Village Engineer.

Setback for fences and hedges. A fence may be erected up to the lot line, but no part of the fence or post may encroach over the lot line. (Recommendation: Property owners are encouraged to hire a surveyor to determine the location of property lines prior to installation of any fence. If the fence is kept back from the property line it will allow easier maintenance without going on property owned by someone else. Keep plantings back from the property line to allow easy maintenance.)

[Amended 9-20-2021 by Ord. No. 08-2021]

Fences in nonresidential zoning districts. Acceptable materials include wood, stone, brick, wrought iron, chain link and wire mesh. When used in lieu of landscaping to provide screening, fences shall not be less than five feet nor greater than eight feet in height. See § 325-62.

Prohibited fences. No fence shall conduct electricity or be designed to electrically shock. No fence shall be barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground in height and project toward the fenced property and away from any public area. No fence shall be attached to a tree.

Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed 10 feet in height and shall be of open-type similar to woven wire or wrought iron fencing.

Fences to be repaired. All fences shall be maintained in a neat, sightly and safe manner. The Building Inspector may condemn any fence or hedge not so maintained. The determination to condemn a fence or hedge under this section shall be made in accordance with the definitions and procedures outlined in this chapter.

Temporary fences. Fences erected adjacent to public rights-of-way for the protection of planting 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 article. Temporary fences shall not be erected for more than 45 days. Extension of the 45 days requires approval from the Building Inspector.

Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Municipal Code and not in conformity with this article may be maintained, but any alteration, modification or improvement of said fence shall comply with this article.

Pool fences.

In-ground pools. All outdoor, in-ground swimming pools shall have a fence or other solid structure not less than five feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than four inches in a horizontal dimension. Fences with horizontal openings larger than four inches will be permitted if the vertical openings in the fence are not greater than one inch and the fence is considered by the Building Inspector to be nonclimbable. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when the pool is not in actual use. Gates shall be equipped with self-closing hinges and a latch that is intended to discourage unauthorized entry by small children.

Aboveground pools.

An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend not less than three feet above the level of the ground immediately adjacent to the pool. Such solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.

The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 48 inches high on the top.

Fences not requiring permits. Garden fences two feet or less in height, snow fences placed seasonally, arbors, trellises, and similar structures shall not require a permit. The Building Inspector may order the removal of any fence or structure subject to this section not kept in a neat, sightly, and safe manner.

[Amended 3-15-2021 by Ord. No. 02-2021][1]

[1]

Editor's Note: Former Subsection L, Fence permit required, which immediately followed this subsection, was repealed 9-20-2021 by Ord. No. 08-2021.

§ 325-89 Exterior storage standards for residential, office and commercial districts.

Purpose. The purpose of this section is to control the use of residential, office and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to § 325-49.

Requirements for exterior vehicle and related equipment storage in residential zoning districts. No person shall park or store recreational vehicles on a lot in a residential district except within a fully enclosed structure or except as provided herein.

For the purposes of this chapter, a recreational vehicle or equipment shall include boats, boats with trailers, motor homes, motor coaches, pickup campers, camping trailers, travel trailers, fifth-wheel trailers, large utility trailers, race cars and their trailers, canoes or kayaks and their trailers, tent campers, folding campers, utility trailers, carnival equipment and their trailers, and cases or boxes used to transport recreational vehicles or their equipment, vehicle equipment and accessories such as truck toppers, convertible tops, ski, bicycle and canoe racks and similar equipment and vehicles.

Outside parking of recreational vehicles and equipment are subject to the following provisions:

In the rear yard, no more than two recreational vehicles may be parked or stored outside a fully enclosed structure. A recreational vehicle shall not be located closer than three feet to a side or rear lot line.

In the front, street or side yard, recreational vehicle storage or parking shall be located on a paved (concrete or asphalt) surface, but shall not occupy a required vehicle parking space (see parking requirements per specific land use). Recreational vehicle storage or parking shall not be located elsewhere in a side or front yard, including in or blocking access to required parking spaces, lawn area, sidewalk or street right-of-way.

The recreational vehicle shall be maintained and be in good condition and safe for effective performance for the function in which it was intended. The exterior of the vehicle shall be intact.

(d)

Recreational vehicles shall be roadworthy. Vehicles that require a license shall be properly licensed.

(e)

No recreational vehicles or equipment shall be parked or stored in any open space outside a building unless such equipment is wholly owned by the property owner, who shall be in residence at the property in question. If the property is rented, such storage shall be permitted to the tenant only, provided that such equipment is owned by the tenant.

(f)

All equipment shall be parked or stored as inconspicuously as possible on the property. The area around the equipment or vehicle must be kept weed-free and free of accumulation of other storage material.

(g)

At no time shall a recreational vehicle be used for permanent living, sleeping or materials storage. No recreational vehicle shall be permanently connected to water, gas, electric or sanitary sewer service.

Requirements for exterior material storage in residential zoning districts. No person shall store materials on a lot in a residential district except within a fully enclosed structure or except as provided herein.

For the purposes of this chapter, outdoor storage of materials shall include all materials and equipment not related to recreational vehicles or play equipment.

The total area devoted to exterior material storage on each lot shall not exceed 100 square feet. Said storage may occur in multiple locations, as regulated below.

No exterior material storage shall occur in the front or street yard.

In the side or rear yard, exterior material storage shall not be located closer than three feet to a side or rear lot line. Such storage shall be located to minimize visibility from adjoining properties and the public street.

Requirements for exterior storage in office and commercial districts. In all office and commercial zoning districts (see § 325-34 for a listing of these 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 yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking.

Inoperative motor vehicles and junk. Refer to the Village Code.

§ 325-90 Exterior construction material standards.

Purpose. The purpose of this section is to regulate the use of certain exterior construction materials creation so as to attain a degree of uniformity in exterior appearance and thus maintain and enhance the attractiveness and property value of certain zoning districts.

Applicability. The requirements of this section apply to all land uses and activities.

Standards for all residential, office, commercial and the PI Zoning Districts.

Except for exposed foundations not to exceed three feet in height from the adjacent grade, all non-single-family development located within the RH, SR-4, TR-8, HR-9, MR-10, MR-12, NO, PO, NB, PB, CB and PI Districts shall employ only high-quality, decorative exterior construction materials on the visible exterior of the following portions of all structures and buildings:

Any portion of the building or structure visible from adjacent residentially zoned property;

Any portion of the building or structure located within 50 feet of a public right-of-way; or,

Any other portion of the building or structure visible from a public street and/or situated at an angle of 60° or less from a line which is parallel to the nearest right-of-way (for uncurved rights-of-way); or from a line which is parallel to a chord connecting the right-of-way boundary on the inside side of the curve at points located at, or opposite from, the two outer boundaries of the subject property along the right-of-way line (for curved rights-of-way).

The following exterior construction materials shall not be considered "high quality, decorative": non-decorative concrete block or cinder block, non-decorative concrete foundation walls or panels, corrugated or other metal with exposed fasteners, non-decorative plywood, asphaltic siding or other materials using exposed fastener systems or non-decorative surfaces as determined by the Plan Commission.

Trademark architecture shall not be permitted.

Architectural design is subject to the site plan review process (see § 325-112).

Exceptions. The conditional use process (per § 325-111) may be used to propose the use of a material otherwise prohibited by § 325-90C above.

§ 325-91 Architectural projections and accessory structures.

Solar collectors. Ground-mounted, roof-mounted, and canopy-mounted solar energy collection systems are regulated as accessory uses as follows:

[Amended 6-21-2021 by Ord. No. 05-2021]

Ground-mounted solar energy collection system; see § 325-47H(27).

Roof-mounted solar energy collection system; see § 325-47H(28).