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by Chapter of Revised Municipal Code
Go to Index of All Ordinances
The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.
Chapter
23 - Zoning Code
Section 23.01 General Provisions
Section 23.01
General Provisions
(1) Title
(2) Compliance
(3) Conflicting Provisions Repealed
(4) Purpose and Intent
(5) Authority
(6) Interpretation
(7) Warning and Disclaimer of Liability
(8) Effective Date
(9) Severability
(10) Exceptions and Modifications
(11) Recommendations as to Public
Improvements
(12) Classification of Districts
(13) General Standards
(14) Off-Street Parking
(a) General Provisions
(b) Multiple Use Parking Requirements
(c) Similar Uses
(d) Spaces Required by Use
(e) Development and Maintenance of Parking Lots
( f ) Landscaping and Screening Provisions for Parking Lots
(15) Off-Street
Loading Spaces Required
(16) Conditional Uses
(17) Nonconforming Premises
(18) Nonconforming Lots
(19) Temporary Building Permit
Moratorium
(20) Setback From Planned Streets
(21) Temporary Buildings
The following general provisions shall apply in the interpretation and enforcement of this ordinance:
(1) Title. This ordinance shall be known and may be cited and referred to as the "Zoning Ordinance" of the City of Stevens Point, Wisconsin.
(2) Compliance. The use or development of any land or water, a change or alteration in the use of and land or water, and the use, change of use, alteration, construction, reconstruction, remodeling or expansion of any structure within the areas to be regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations.
(3) Conflicting Provisions Repealed. The Zoning Ordinance and all amendments thereto, the mobile home ordinance, airport height limitation ordinance and all ordinances or parts or sections of ordinances in conflict herewith, of the City of Stevens Point, WI. are hereby repealed in their entirety except provisions regulating signs and the following ordinance is enacted in lieu thereof.
(4) Purpose and Intent. The purpose of this ordinance is to promote the health, safety, morals, prosperity, aesthetics and general welfare of this community. It is the general intent of this ordinance to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density, and the size and location of all structures so as to: lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; percent over-crowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and implement the community's comprehensive plan or plan components. It is further intended to provide for the administration and enforcement of this ordinance and to provide penalties for its violation.
(5) Authority. These regulations are adopted pursuant to the authorization contained in Sections 62.23, 87.30, ll4.l26 and l45.02 of the Wisconsin Statutes as amended and said Section of Wisconsin Statutes is hereby adopted.
(6) Interpretation. Greater Restrictions and Abrogation. Where a city ordinance other than this Chapter is more restrictive than the provisions contained in this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or private deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
(7) Warning and Disclaimer of Liability. The degree of protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This ordinance does not imply that compliance will result in freedom from damages nor shall this ordinance create a liability on the part of or a cause of acting against the City of Stevens Point or any officer or employee for any damage that may result from reliance on this ordinance.
(8) Effective Date. This ordinance is effective after public hearing, adopted by the Common Council on February 14, 1979, and publication on February 23, 1979.
(9) Severability. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.
(10) Exceptions and Modifications. The regulations specified in this ordinance shall be subject to the following exceptions and interpretations:
(a) Structures permitted above height limit. The building height limitations of this ordinance shall be modified as follows:
1. Every part of a required yard shall be open to the sky unobstructed with any building or structure unless otherwise stipulated in this ordinance and ordinary projections of skylights, sills, belt courses, fire escapes, cornices and ornamental features projecting not to exceed thirty-six (36) inches and the usual steps.
2. Public, semi-public or public service building, hospitals, sanitariums or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples, or structures at an airport, when permitted in a district may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each property line at least two (2) feet for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.
3. Single family dwellings and two family dwellings in the dwelling districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided; but they shall not exceed three (3) stories in height.
(b) Exceptions to yard and setback requirements.
1. Every part of a required yard shall be open to the sky unobstructed with any building or structure unless otherwise stipulated in this ordinance and ordinary projections of skylights, sills, belt courses, fire escapes, cornices and ornamental features projecting not to exceed thirty-six (36) inches and the usual steps on unenclosed porches not to exceed ten (10) feet in depth.
2. An accessory building which is located ten or more feet from the principal building may be located in a rear or side yard provided it is not more than 15' high and is not nearer than 3 feet to any lot line unless otherwise stated, except that when an accessory building has an entrance on an alley, such entrance shall be located not less than 10 feet from the nearest alley right-of-way line.
3. Fences, walls not enclosing a structure, and hedges may be located within the required setback or yard as allowed in Chapter 30 of the Revised Municipal Code.
4. An existing open porch within a required setback or yard may be remodeled or rebuilt to an enclosed non-habitable vestibule entrance-way (which may include closet space) when projecting not more than one-fourth (1/4) of the width of the residence.
(a) The following may be located in all yards within the required setbacks:
1. Arbors and trellises.
2. Awnings.
3. Chimneys projecting twenty-four inches (24") or less from the face of the building into the yard.
4. Flagpoles and garden ornaments.
5. Terraces or decks open to the sky, not more than two (2) feet above the level of the adjoining ground.
6. Steps which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
7. Wheelchair ramps.
8. Open off-street vehicle parking when allowed in a driveway or otherwise stipulated by city ordinance
9. One story bay windows projecting two (2) feet or less into the yard,
10. Air conditioning condensing unit.
11. Signs as permitted in Chapter 25 Uniform Sign Ordinance
12. Other structures accessory to the principal use unless otherwise stipulated in this ordinance.(b) In Rear Yards:
1. Swimming pools, hot tubs, exercise pools, whirlpools, etc.
2. Recreational equipment affixed to the ground
3. Compost bins not less than three (3) feet to any property line.5. All exterior storage of materials shall be set back equal to the main building on the lot, or the setback requirement of the Zoning District, whichever is greater. All exterior storage areas shall be screened from all adjoining properties and all public streets. Storage of materials varying from these requirements may be approved by the City Inspection Department or the Plan Commission and Common Council.
(11) Recommendations as to public improvements. No statuary, memorial, or work of art in a public place, and no public building, bridge, viaduct, or public structure, shall be located or erected, or site therefore obtained, nor shall any permit be issued by any department of the City of Stevens Point, Wisconsin for the erection or location thereof, until and unless the design and proposed location of any such improvement shall have been submitted to the City Plan Commission and its recommendations thereon obtained. Such requirement for recommendations shall not act as a stay upon action for any such improvement where such commission after thirty days written notice requesting such recommendations shall have failed to file same.
(12) Classification of Districts. In order to classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings, the City of Stevens Point, Wisconsin is hereby divided into classes or districts. The use, height and area regulations are uniform in each class or district, and said districts shall be known as:
"C" Conservancy
"R-LD" Low Density
"R-1" Suburban Single Family Residential
"R-2" Single Family Residential
"R-3" Single and Two Family Residential
"R-4" Multiple Family I Residential
"R-5" Multiple Family II Residential
"B-1" Neighborhood Business
"B-2" Central Business Transition
"B-3" Central Business
"B-4" Commercial
AB-5" Highway Commercial
"M-1" Light Industrial
"M-2" Heavy Industrial
"U-1" University Facilities District
"PD" Planned Development District
"A-H" Airport Height Overlay(a) Zoning Map. The official zoning map(s) of the City of Stevens Point shall be the various section plat maps maintained in the office of the City Zoning Administrator and which maps are made a part of this ordinance by reference.
(b) District Boundaries.
1. The boundaries of these districts shall be as established on the zoning maps, airport height limitation maps, and aerial photographs dated May 12, 1975 on which Aero-Metric Engineering identified topographic data under Flood Plain Shoreland Mapping Grant Number 9009, such maps contain floodway and flood fringe districts based on a Flood Insurance Study dated June 1, 1983 as prepared by the Federal Emergency Management Agency. These maps are the official floodplain zoning maps for the city and have been approved by the Department of Natural Resources and the Federal Emergency Management Agency, and are on file in the office of the Zoning Administrator.
2. When the location of the flood plain or floodway district boundary is established by experience flood maps or engineering studies, the flood elevations or flood profiles for the point in question shall be the governing factor in locating the district boundary. If no elevation or profiles are available, any other available evidence may be examined. No deviations from the mapped boundary lines shall be allowed unless the evidence clearly and conclusively establishes that the mapped location of the lines is incorrect and is approved by the Department of Natural Resources and the map amendment is approved by the Federal Emergency Management Agency.
3. For the purpose of this code, all areas of the flood plain not specifically identified as being within the flood fringe district are within the flood way unless the Zoning Administrator finds, after sufficient information is submitted, that the area is in the flood fringe district.
4. Compliance with the provisions of this ordinance shall not be grounds for the removal of lands from the flood plain district unless such lands are filled to a height of at least two feet above the elevation of the regional flood for the particular area and are contiguous to other lands lying outside the flood plain district; approval has been granted by the Department of Natural Resources, and an "Official letter of map amendment" has been issued by the Federal Emergency Management Agency.
5. When any development is proposed within the floodplain area, a determination shall be made to establish the boundaries of the floodway, to allow the Zoning Administrator to determine whether floodway or flood fringe district requirements apply, and where required, to determine the regional flood elevation. Upon receiving an application for development within the floodplain area, the Zoning Administrator shall:
a. Require the applicant to submit, at the time of application, two copies of an aerial photograph or a plan which accurately locates the proposed development with respect to the general floodplain district limits, channel of stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures.
b. Require the applicant to furnish any of the following additional information as is deemed necessary by the Department for evaluation of the effects of the proposal upon flood flows, to determine the boundaries of the floodway, and where applicable, the regional flood elevation:
1) A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information.
2) Plan (surface view) showing: elevations or contours of the ground; pertinent structure fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; water supply, and sanitary facilities; soil types and other pertinent information.
3) Profile showing the slope of the bottom of the channel or flow line of the stream.
4) Specifications for building construction and materials, flood proofing, filling, dredging, channel improvement, storage of materials, water supply and sanitary facilities.
c. Transmit one copy of the information described in paragraphs a. and b. to the appropriate District office of the Department along with a written request to have that agency provide technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of paragraph 23.02(3)(e)4.f. apply, the applicant shall provide all required information and computations.
6. Whenever any street, alley, or other public way is vacated by official action of the city, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district.
7. All areas within the corporate limits of the City which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoin the water area. If the water area adjoins two or more districts, the boundary of each district shall be construed to extend into the water area in a straight line until they meet the other district at a half-way point.
8. All territory annexed to the City of Stevens Point shall automatically become a part of the R-1, Low Density Residence District until definite boundaries and zoning districts are recommended by the City Plan Commission and adopted by the Common Council; provided, however, that the Common Council shall adopt definite boundaries and district regulations within 90 days from the date of the annexation. The Plan Commission may recommend definite zoning districts and boundaries to the City Council prior to or at the time the Council acts on a proposed annexation, and may adopt definite boundaries at the time of annexation provided the public notice procedure is followed.
(a) Street Frontage Required. Except as otherwise permitted in this ordinance, or building lots approved by the Common Council, no lot shall contain any building in whole or in part for residence purposes unless such lot abuts for at least sixty (60) feet on at least one street.
(b) Shoreland Requirements. All buildings and structures shall be set back at least 30 feet from a navigable stream, lake or flowage. Tree cutting in the first 30-foot strip paralleling the shoreline shall be limited in accordance with the following provisions:
1. No more than 30 feet in each 100 feet, as measured along the normal high water mark, shall be clear cut.
2. In the remaining 70 feet, cutting shall leave sufficient cover to screen vehicles, dwellings, accessory structures, except boathouses, as seen from the water; to preserve natural beauty and to control erosion.
(c) Required Yard Area or Setback. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space required under this ordinance for another building or structure. No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this ordinance.
(d) Structures to Have Access. Every main building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so situated on lots as to provide safety and convenient access for servicing, fire protection, and required off-street parking.
(e) Moving of Structures. If a building of structure is moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located.
(f) More Than One Principal Building or Use on a Lot. Every building hereafter erected, converted, enlarged, or structurally altered shall be located on a zoning lot and there shall not be more than one main building on one zoning lot except that the Plan Commission may authorize more than one main building on one zoning lot if the proposal meets the conditional use standards contained in this ordinance.
(g) Floor Area. One family dwellings shall have a minimum gross floor area of 900 square feet per unit, except mobile homes shall have a minimum of 720 square feet per unit.
(h) Mobile Homes. Mobile homes shall be located only within mobile home parks.
(14) Off-Street Parking Areas Required.
(a) General Provisions. In all districts except the B-3 Central Business District, space for parking shall be provided in accordance with the following provisions of this section. All floor area used in this section are gross floor areas, which shall include the ground floor plus other floor levels where the principal activity or activities of the use are continued. Required parking spaces shall be located on the site of the use requiring such parking spaces, unless approved by the Common Council. Notwithstanding any other prohibition, the Common Council may approve the shared use of parking spaces when the same parking spaces can be utilized by two or more different land uses due to differences in the principal operating hours for the uses involved. The shared parking spaces shall be in addition to the on-site parking required by this ordinance. The applicant shall demonstrate to the satisfaction of the Council:
1. The principal hours of parking demand.
2. The total shared parking spaces are clearly sufficient to meet the largest demand time period.
3. The agreements between the parties proposing to share its parking are binding, of sufficient duration, and with an extended cancellation notice provision so as to assure the continued supply of off-street parking.
4. The owner/applicant must agree that any subsequent change to the occupancy of the building or change to the amount of parking available would require additional parking or a new approval from the Council. The parking lot to be shared must be an allowed use, or an accessory use to an allowed use, in the zoning district in which it is located.
(b) Multiple Use Parking Requirements. Where two (2) or more distinguishable uses noted in this section exist on a premise, the parking requirements shall be determined by adding together the space requirements of all individual uses as listed below.
(c) Similar Uses. For uses not specifically mentioned in this ordinance, the parking requirement shall be the same as the closest similar use which is mentioned herein. In the event the closest similar use is substantially different from the specified use, the Zoning Administrator shall determine the parking requirements.
(d) Spaces Required by Use. (Note: All floor areas = gross floor area)
1. Auditorium; convention centers - 1 space per 4.5 fixed seats and/or 1 space per 75 s.f.; In addition 1 space per 100 s.f. for each meeting/exhibition room, restaurant and bar provided.
2. Barber and beauty shops - 1 space per 100 s.f.
3. Bus depot and airport terminal - 1 space per 225 s.f.
4. Churches, synagogues - 1 space per 4.5 seats; if benches, 20 inches shall equal 1 seat.
5. Clinics (medical and dental) 1 space per 200 s.f.; Ambulatory Surgery Suites - 1 space per 400 s.f.
6. Dwellings
a. Single and Two Family - 2 spaces per dwelling
b. Multiple - 1.5 spaces per 1-bedroom unit; 2 spaces per 2-bedrooms units; multiple dwellings shall have 1 space for each person 18 years of age or older.
7. Fair and circus grounds - to be determined by the Plan Commission as part of Conditional Use Permit with final approval by the Common Council. .
8. Funeral homes and mortuaries - 1 space per 4 seats or 1 space per 60 s.f. (whichever is greater)
9. Gas and service stations - 3 spaces minimum, plus 2 spaces per repair stall.
10. Golf courses - 4 spaces per golf hole plus space required for a bar/restaurant (see #25)
11. Group quarters; group homes or half-way houses - 1 space per employee plus 1 space per 2.5 beds or as approved by the Plan Commission.
12. Home occupations (permitted) - 2 spaces minimum in addition to those used by the family, with such additional spaces to be available for customers at all times.
13. Hospitals - 1 space per licensed patient bed
14. Hotels and Motels - 1 space per room plus 1 space per 75 s.f. for meeting / exhibition room plus 1 space per 100 s.f. for bar/restaurant
15. Household Equipment Sales (furniture, appliances, garden, greenhouses, plumbing, lighting, auto supplies) - 1 space per 400 s.f.
16. Industrial, wholesale and warehouse - 1 space per 1,000 s.f. gross floor areas used for warehousing and distribution; plus 2 spaces per 1,000 s.f. gross area used for manufacturing; plus 2.5 spaces per 1,000 s.f. of office floor area. The minimum number of required parking spaces may be adjusted by the Common Council on a case-by-case basis. The petitioner for such adjustment shall show to the satisfaction of the Council that adequate parking will be provided for customers, clients, visitors, and employees. The petitioner shall submit written documentation that the operation will require less parking that the ordinance requires. The site plan shall be designed to provide sufficient open space on the subject site to accommodate the full parking requirements otherwise required by this ordinance. Such open space shall be in addition to required yards, setbacks, driveways, and other required open space. When the use of the building, structure, or land is changed to a use that requires more parking than that approved by the Council, or when the intensity of the use of a building, structure, or land is changed by an addition of employees, additional parking shall be constructed for the new use, occupant or additional employees in the amount necessary to conform to this ordinance.
17. Laundromats - 1 space per 2.5 machines
18. Libraries, museums, post offices, senior center, youth centers - 1 space per 400 s.f.
19. Motor vehicle, marine, implement, and trailer sales and repair - 1 space per 450 s.f. such spaces to be available for customers and employee parking only.
20. Nursing homes - 1 space per 1.5 beds
21. Office buildings (professional, business and governmental administrative) - 1 space per 300 s.f.
22. Recreation centers (ice and roller skating rinks, bowling alleys, private clubs, lodges, pool halls, YMCA) - 1 space per 150 s.f. floor area plus spaces required for a bar/restaurant (see #25)
Bowling alleys - 5 spaces per alley plus spaces required for a bar/restaurant (see #25)
23. Repair Services (which are mostly businesses) - 1 space per 300 sq. ft.
24. Restaurants, taverns, night clubs, dance halls, golf clubhouses - 1 space per 100 s.f.
25. Schools
a. Additions to existing schools: To be established by the Common Council
b. New schools shall comply with the following parking standards:9.5 parking spaces per classroom for a 3-year high school
7.5 parking spaces per classroom for a 4-year high school, and
3.5 parking spaces per classroom for elementary and jr. high schoolsc. Technical and Vocational - 1 space per 175 s.f.
26. Retail parking required at the rate of 1 space per 200 square feet for the first 25,000 square feet, and at the rate of 1 space per 250 square above 25,000 square feet.
27. Stadiums, sports arenas, coliseum - 1 space per every 5 fixed seats
28. Theaters with fixed seats - 1 space for each 4.5 seats
29. Trucking terminals, municipal garage and shop facilities 1space per 700 s.f. of floor area
(e) Development and Maintenance of Parking Lots. Every parcel of land hereafter used as a public or private parking area, shall be developed and maintained in accordance with the following requirements:
1. No vehicle parking shall be allowed within the required front or side yard or street yard of any permitted use in any "R" District except in driveways or garages, or in established parking areas which have been approved for parking. In any Residence District, no parking space shall be located closer to the front lot line than the main building on the same lot, unless such parking space is in a private or storage garage or in a standard driveway. In any "B-1" Neighborhood Business Zone, no parking for a residential use shall be located closer to the front lot line than the main building on the same lot, unless such parking space is in a private or storage garage or in a standard driveway. In Multiple Residence Zones or "B-1" Neighborhood Business Zones, the Common Council may approve site plans which vary from this concept, provided parking spaces are shielded from the street by landscaping, hedges, decorative fences, etc.
2. Any lighting used to illuminate any off-street parking area including any commercial parking lot, shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
3. Owners, proprietors and/or managers of any property within the jurisdiction of this ordinance must provide a parking space for each car belonging to or driven by each person residing in the dwelling with the owner, proprietor and/or manager responsible for renting or leasing only to the number of roomers or residents for which parking is provided.
4. An allowance of twenty-five percent (25%) of the total number of off-street parking spaces required may be identified, constructed, and used as compact car spaces. Compact spaces shall be conveniently located and provided with adequate above-grade signage to identify the compact spaces and shall be identified as
"compact spaces only". All 90o full-size parking spaces shall be a minimum of nine (9) feet wide and eighteen (18) feet long exclusive of required driveways, access aisles, and turning space. All 90o compact car parking spaces shall be a minimum of seven and one-half (7'6") feet wide and fifteen (15) feet long. Driveways/access aisle width and minimum acceptable standards for parking lot design are shown in the table in the back of this Ordinance.
1. General Provisions
a. In order to improve the appearance of required setback and yard areas associated with the provision of off-street parking areas, including the off-street parking area itself, the following minimum standards shall apply to the construction of all new parking areas containing five (5) or more spaces and to the expansion of any existing parking areas where the expansion brings the total number of spaces in excess of four (4), as well as the reconstruction of existing parking lots.
b. A permit shall be required prior to the construction or reconstruction of any parking lot.
c. Any parking lot containing five (5) or more spaces shall be approved by the Inspection Dept. and/or City Plan Commission.
d. Requests denied by the City Plan Commission may be appealed to the Common Council.
2. Common Requirements
Any parking lot containing ten (10) or more contiguous spaces shall be hard-surfaced with bituminous or Portland cement concrete. On the site of a building or open lot use providing an off-street parking area of five (5) or more contiguous spaces, there shall be provided landscaping between such area and the street right-of-way and/or property line as follows:
a. Parking Lot Setback. In all zoning districts, parking lots shall be setback from the property line as required by the attached charts. Said strip shall be planted with trees and groundcover as described below:
See Street Right of Way Setback Chart
See Side and Rear Yard Parking Lot Setback Chart
a. Parking Lot Setback. In all zoning districts, parking lots shall be setback from the property line as required by the attached charts. Said strip shall be planted with trees and groundcover as described below.
1) Tree specifications
a) Quantity
- for parking areas being screened from a public right-of-way, residentially zoned property or parking areas within a residentially developed area: 1 tree per 50 lineal feet - for parking areas being screened from commercial or industrial zoned district: 1 tree per 75 lineal feet.
Note: Necessary access ways and drives from public right-of-way through all such landscaping (shall be permitted to service the parking areas and such access ways) may be subtracted from the linear dimension used to determine the number of trees required.
b) Size
- Evergreens: minimum 3 feet in height when measured immediately after planting.
- Deciduous: minimum 1 3/4-2 inch caliper at planting (to be measured 6" above ground line)
2) The remainder of the parking setback area shall be landscaped with a minimum of grass, ground cover or other landscape treatment, excluding pavement.
b. Continuous Screening. Any off-street parking spaces or parking lot abutting the public street right-of-way or property zoned R-1, R-2, R-3, and R-4 or used for residential purposes shall provide continuous screening as provided below. CLEAR VIEW requirements shall be maintained as described in Sec. 2.c.) a. and b.
1) Continuous Screening Specifications. Screening shall consist of natural plant material and/or decorative wall or durable landscape barrier.
a) Plant material (shrubs/hedges): minimum 18 inches in height when measured immediately after planting. Three (3) foot maximum height where abutting public right-of-way. Individual plants shall be spaced so as to provide continuous screening within a two-year period.
b) Wall or Barrier: minimum three (3) feet in height except as described in Sec. 2, a.4; Three (3) feet maximum height where abutting public right-of-way.
c. Clearview Requirements. Sight Distance for Landscaping Adjacent to Public Rights-of-Way and Points of Access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular area described below shall provide unobstructed cross-visibility, with no plantings or visual barrier higher than two feet.
The triangular areas are as described below:
| a. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line, consisting of twenty (20) feet along the public right-of-way and five (5) feet perpendicular to the line, and the third side being a line connecting the ends of the two other sides. |  |
| b. The area of property located at a corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being twenty (20) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. |  |
d. Variations in the required 3 foot landscape buffer area may be approved by the City Plan Commission (without Common Council approval) if it can be shown that the three (3) foot buffer area cannot be provided in entirety without seriously affecting the site development potential and/or layout of the site in question. Variations denied by Plan Commission may be appealed to the Common Council. In all cases, if a variation to the three (3) foot dimensional criteria is granted, the planting/screening requirements of this ordinance shall be complied with.
3. Landscaping Required for the Interior of Parking Areas
All off-street parking areas containing fifty thousand (50,000) square feet or more shall provide landscaping in accordance with the following requirements:
a. All previous landscaping requirements apply to this section.
b. Not less than two percent of the parking lot area, excluding the perimeter landscaping shall be landscaped with interior plantings dispersed throughout the lot and shall consist mainly of overstory/understory trees.
c. Each separate landscaped planter island shall contain a minimum of two hundred (200) square feet of area, with one minimum dimension being ten (10) feet.
d. The application of these design principles is left up to the discretion of the landscape architect. However, preliminary consultation with the City Planning Department is recommended prior to submittal of the plans for Plan Commission approval.
e. Interior planting islands may be waived in lieu of alternative landscaping. Alternative landscaping may consist of additional perimeter planting area, building foundation planting or a combination of both. The amount of alternative landscaping must at least equal the amount of interior planting area waived.
4. Landscaping Required When Expanding or Reconstructing Existing Parking Lots.
Landscaping requirements in this Ordinance apply to all parking areas of 5 or more contiguous spaces and must be met prior to the expansion or reconstruction of any existing parking lot affected by this Ordinance. This shall include:
a. Any new addition to an existing parking lot. (Only the newly developed area must comply with the requirements of this ordinance).
b. Reconstruction of an existing lot. Reconstruction is defined as removing over fifty (50) percent of the existing surface and reconstructing that surface. In the event that a property owner has problems complying with landscape standards associated with reconstructing a parking lot including the loss of a significant number of parking spaces, the Plan Commission shall consider and grant variations to these requirements based upon a mutually acceptable plan. Such variations may be granted without Common Council approval. Variations denied by the Plan Commission may be appealed to the Common Council.
1) Existing lot less than 75 parking spaces: Landscaping shall be added which will not result in the loss of parking spaces and shall not decrease the parking dimensions of the reconstructed lot to less than the parking dimensions contained in this ordinance plus one additional foot added to each dimension contained in this ordinance.
2) Existing lot equal to or greater than 75 spaces: The Plan Commission shall determine if the number of spaces in the existing lot exceed that required by the parking requirements of this ordinance. In the event the parking exceeds the required spaces, the Plan Commission may require compliance with the landscaping setbacks contained in this ordinance even though those requirements may result in the loss of parking spaces. In the event the available parking does not exceed the parking requirements of this ordinance, landscaping shall be added which not result in the loss of parking spaces and shall not decrease the parking dimensions of the reconstructed lot to less than the parking dimensions contained in this ordinance plus one additional foot added to each dimension contained in this ordinance.
5. Protection of Landscape Strips and Plantings from Vehicular Encroachment.
One of the following methods must be provided to eliminate vehicular encroachment in an areas where parking spaces abut a landscaped area of the site:
a. Wheel stops of masonry, steel, or heavy timber construction shall be provided at a distance of two (2) feet from the edge of the planting area. The parking space shall not extend into the required parking area setback unless approved.
b. Curb. If curb is used, a minimum five (5) foot landscape strip shall be required. It is intended that two (2) feet of said strip may be utilized for vehicle overhang and may be credited to stall depth.
1) In order to accommodate potential vehicle overhang plant material which is planted within two feet from the curbed edge of the lot should maintain a height no greater than 6" at maturity.
6. Maintenance.
The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all screening material which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. If the screening material is affected by deterioration, vandalism, etc., it is the owners responsibility to replace the original design, unless a variation has been approved by the Planning staff.
7. Required Landscaping Plan. Parking areas containing forty-nine (49) or less spaces may be approved directly by Planning staff. For all off-street parking areas containing four (4) or more spaces, a landscape plan shall be prepared and submitted for approval by Planning Staff and/or the City Plan Commission. Such landscape plan shall contain at a minimum, the following information, unless deemed not applicable by Planning staff.
a. Existing and Proposed Improvements.
1) Building outlines - existing and proposed
2) Light standards
3) Walls, fences, etc.
4) Parking spaces
5) Driveways
6) Walks
7) Storage areas
8) Sign locations
9) Public right-of-way
10) Building - site coverage in square feetPaved - area coverage in square feet
Landscaped - area in square feetb. Survey Layout
1) Property lines
2) Easements
3) Building and parking setback lines
4) Zoning districts and the existing land use for the property being developed and all adjacent propertiesc. Planting Plan
1) Landscaping materials, natural and artificial
a) Location and spacing of existing and proposed plant materials.
b) Types of materials to be used identified by botanical and common
names and listed on a plant material schedule, including quantities of the same.
c) Any and all existing materials to be removed shall be so noted on the plan.
d) Size of materials (plantings) in diameter and height at installation and at maturity2) Proposed treatment of all ground surfaces (paving, turf, gravel, etc.)
3) Methods of protecting landscaped areas.
d. Drainage Plan.
1) Plan must be approved by City Engineering Department
a) Topography and/or spot elevations.
b) Surface material
c) Site lay-out
d) Pipe sizing
e) Basin detaile. Title Block on Landscape Plan
1) The following information shall be provided in a title block on all landscape plans.
a) Names and addresses of property owners
b) Persons drawing landscape plan
c) Persons responsible for installing landscape materials
d) Scale data
e) North arrow
(15) Off-Street Loading Spaces Required.
(a) General Provisions. In any district, in connection with every building or part thereof hereafter erected, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt of distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building, at least one (1) off-street loading space plus additional loading spaces according to the following schedule:
1. Number of Loading Spaces Required, where Zoning Administrator deems it applicable.
|
Required per Size of Structure in Square Feet |
|
|
Size |
Spaces |
|
Less than 10,000 |
1 |
|
10,000 to 20,000 |
2 |
|
20,000 to 40,000 |
3 |
|
40,000 to 70,000 |
4 |
|
70,000 to 110,000 |
5 |
|
every part of 50,000 over 110,000 |
1 additional |
2. Size of Space. Each loading space shall not be less than ten (10) feet in width, and long enough to adequately accommodate the type of vehicles to use such loading spaces.
(b) Located on Same Lot. Loading and unloading spaces for uses in all districts including the Central Business District shall be located on the same lot as the use it serves with safe and convenient driveway access and maneuvering space, and such space shall be located or designed so that no vehicle will encroach upon or obstruct any part of a public street while loading or unloading.
(a) Intent. It is the intent that some special uses be allowed as permitted uses if they are generally compatible with the land use intent of the district and if such special use meets, or can be adjusted to meet, necessary conditions or performance standards which would make such special uses basically compatible with the permitted uses in the district. Conditional uses may be allowed in any district providing for them without rezoning land. The intent of conditional uses is to allow certain borderline uses in a district subject to performance standards or conditions without which the use would not be permissible within that particular district. This provision is intended to provide flexibility in the ordinance and give the municipality an opportunity to review and regulate specialized or unique uses, and to decide if borderline uses are conducive to being located in a specific proposed location rather than forcing the applicant to rezone land which would also allow many other permitted uses under the new district if the proposed use is not actually developed.
(b) Procedure. Only those uses listed as Conditional Uses in the individual districts of Section 23.02 of this ordinance can be considered for being permitted in such district.
1. Application. Application must be made to the City Zoning Administrator for a Conditional Use. The necessary information as determined by the Zoning Administrator will be supplied with such application. The application may be supplemented or amended at any time prior to or at the public hearing provided the proposed amendment does not substantially expand or change the proposed use or scale of the project on the application.
The Common Council may amend the conditional use request at any time during the proceeding without referring the project to a secondary public hearing unless the amendment(s) would substantially expand or change the proposed use or scale of the project.
2. Plan Commission Review. The Conditional Use application shall be considered by the City Plan Commission and shall make a recommendation to the Common Council on same. Conditions can be attached to the recommended approval of a Conditional Use consistent with the intent of this section.
3. Hearing and Final Determination. The Common Council shall make the final determination on a Conditional Use after conducting a public hearing on the matter. The City Council and Plan Commission have the right to attach conditions to the issuance of such permits. All Conditional Use Permits shall be valid only for the use specified on said permit and the permit shall expire at the time that any such conditional use shall terminate. Conditional Use Permits shall not be transferable to other uses on the same site nor shall the permit be transferred by the person or firm having the permit to a different location from that described on the permit for the purpose of changing the location of the permit.
(c) Standards. No conditional use shall be recommended by the Plan Commission unless such Commission shall find:
1. That the establishment, maintenance, or operation of the use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;
2. That the use will not be injurious to the use and for the purpose already permitted;
3. That the establishment of the use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
4. That the exterior architectural appeal and functional plan of any proposed structure will not be at variance with either the exterior architectural appeal and functional plan, and scale of the structures already constructed or in the course of construction in the immediate neighborhood or in the character of the applicable district so as to result in a substantial or undue adverse effect on the neighborhood;
5. That adequate utilities, access roads, drainage and/or necessary facilities have been, or are being, provided;
6. 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;
7. That the proposed use is not contrary to the objectives of any duly adopted land use plan for the City of Stevens Point, any of its components, and/or its environs.
8. That the use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Plan Commission.
9. The proposal will not result in an over-concentration of high density living facilities in one area so as to result in a substantial or undue adverse effect on the neighborhood, on the school system, and the social and protective services systems of the community.
10. Principal - Applications for exclusive multifamily residential uses: The view from the street should maintain a residential character. The view should be dominated by the building and not by garages, parking, mechanical equipment, garbage containers, or other storage.
a. Parking should not be located in the front yard.
b. Parking should be visually screened from street view and from neighboring properties.
c. Building should face their main facade toward the street.
d. In cases where the main facade of the building cannot face the street, the portion of the building facing the street shall be developed in such a manner that the street-facade is developed using architectural elements like roof lines, windows, and architectural detailing to make the street facade look harmonious in scale, massing, proportion, and building form with other residential structures. (Blank walls facing the street and windows of less than 36 inches vertical are not normally acceptable.)
e. Building facades facing the street shall include detailing using different ridge lines, gables, roof construction, and other architectural techniques to make the façade compatible with the neighboring structures, if any, and to make the project have intrinsic architectural interest and value. Plain facades are not normally acceptable.
f. A minimum of 25% of the façade shall be covered with masonry or decorative block. Exterior insulation and finish systems (EIFS) may be considered to satisfy this requirement if part of an overall architectural design scheme.
11. Principal: Access to the site shall be safe.
a. All developments shall front on a public right-of- way unless recommended by the Public Works Director.
b. The driveway to the site shall be located so as not to be a danger to the street flow of traffic.
c. The driveway shall not be too close to neighboring intersections.
d. Alignment of the driveway shall be coordinated with adjacent access points to avoid conflict or confusion.
e. Only one driveway shall be allowed per site unless recommended by the Public Works Director. Two family units may be allowed more than one driveway if those driveways are separated by not less than 10 feet. Maximum driveway openings shall be 20 feet (each).
f. The organization of traffic flow on-site and between the site and the street shall be organized in a clear hierarchy of flow patterns. Internal and external areas where traffic flow changes directions or creates intersections shall be organized at clear intersections and those intersections are spaced far enough apart so as to not cause confusion or problems and to provide for adequate spacing for waiting vehicles.
g. Intersections are visible and not visually screened.
h. Adequate drainage and snow storage is provided.
i. Minimum size requirements are maintained for safe vehicle circulation.
j. Parking areas shall be safe. They shall be adequately lit, sized to meet minimum standards, graded so as to not be too steep, and paved with concrete, brick, or bituminous surfacing. The light source shall not be visible from adjacent properties. Lighting shall be developed in such a way to minimize light straying onto adjacent properties.
k. Driveways shall be located to minimize the impact to adjacent properties.
12. Principal: There shall be adequate utilities to serve the site.
a. The Public Works Director, Police Chief, and Fire Chief shall determine whether there is adequate sanitary sewer, potable water, storm drainage, street capacity, emergency access, public protection services, and other utilities to serve the proposed development. They shall review the plan to ensure safety and access for safety vehicles.
13. Principal: The privacy of the neighboring development and the proposed development shall be maintained as much as practical. Guidelines:
a. Mechanical equipment including refuse storage shall be screened from neighboring properties.
b. Lighting shall be located to minimize intrusion onto the neighboring properties.
c. Sources of noise shall be located in a manner that minimizes impact to neighboring properties.
d. New multifamily sites which abut single or single-and-two family zoned lands shall increase that sideyard and/or rearyard setback requirement(s) that abuts the single or single-and-two-family zoned area by 50% but need not exceed the maximum rearyard setback requirements of the district.
14. Principal - Applications for exclusive multifamily residential uses. Landscaping shall be provided or existing landscape elements shall be preserved to maintain a sense of residential character, define boundaries, and to enhance the sense of enclosure and privacy.
a. All site plans shall at a minimum meet the guidelines contained in the parking setback landscaping standards.
b. In addition, at least one tree per dwelling unit shall be planted outside the parking screening area (minimum size of the tree at planting shall be 1.5 inch caliper)
c. In addition, at least one plant for each 30 inches of building facing the street shall be planted. The size of the plants shall be a minimum of 18 inches at the time of planting. The planting may be relocated to other portions of the site.
d. Adjustments to the above requirements may be made to recognize existing landscape elements preserved on the site.
(d) In the event any use is listed as a conditional use and a permitted use in the same district, the use shall be a permitted one.
(a) Intent. This ordinance and districts therein, or any later amendments may create situations where use of premises and parking, yards, setbacks, heights, lot area, lot width and density previously permitted may become prohibited, regulated or otherwise restricted for the purpose of implementing community plans and development goals. It is the intent of this ordinance to permit the continuance of these nonconforming premises, but not to encourage their survival. Such nonconforming premises are declared by the ordinance to be incompatible with conforming premises in the districts involved.
(b) Existing Nonconforming Premises. A nonconforming premise existing at the time of the adoption or amendment of this ordinance may be continued, but no use or structure on such premises shall be enlarged, increased, extended, reconstructed, resumed, substituted, or altered unless the nonconformity is changed to conforming except as follows:
1. If a nonconforming use is discontinued for a period of less than 12 months, the previous use may be resumed.
2. Minor modifications on nonconforming premises may be approved by Zoning Administrator such as permitting substitution of a more restricted use; permitting ordinary maintenance repairs such as interior and exterior painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components; or permitting minor deviations from parking, yard, setback, height, lot width, area or density where there are special circumstances caused by the nonconformity which would deprive the subject property of privileges enjoyed by other property in the vicinity under the same zoning classification. Minor modifications are permitted only after the Zoning Administrator finds the modifications are not contrary to the public health, safety, or well-being, the modifications are compatible with surrounding uses, the modifications would not injure the neighborhood.
Additions to structures not conforming with floodway standards are permitted provided they will not increase the amount of obstruction to flood flows, are flood-proofed by means other than the use of fill to the floor protection elevation, and would not, over the life of the structure, exceed 50 percent of the present equalized assessment value.
(c) Where a lot of record at the effective date of this ordinance, or a lot in a subdivision which the Common Council has officially approved and agreed to accept at the time of the effective date of this ordinance, has less area or width than herein required in the district in which it is located, said lot may nonetheless be used for a one-family dwelling or for any other non-dwelling use permitted in the district in which it is located.
Nonconforming lots greater than 10,000 square feet but less than the minimum lot requirement as calculated by the lot size standards. In any R-3, Two Family District, a two-unit building may be constructed, an existing two-unit building housing a single family per unit may be rebuilt, or an existing building may be converted to two-unit use on any legal lot of record or combination of entire lots of record recorded prior to May 1, 1996 only if that lot(s) exceeds 10,000 square feet.
All other requirements of the ordinance must be met. In any Multi-family R-4 or R-5 District, a two-unit, three-unit, or four-unit multifamily building may be constructed, an existing two-family or multi-family building may be rebuilt or an existing building may be converted to up to a four-unit use on any legal lot of record or combination of entire lots of record recorded prior to March 1, 1996 only if that lot(s) exceeds 10,000 square feet. All other requirements of the ordinance must be met with the exception that the sideyard and rearyard setbacks do not have to be increased 50% in response to the neighboring uses.
(19) Temporary Building Permit Moratorium.
(a) Intent. It is the intent of this section to make available a growth management tool to the City Council and Plan Commission which could be applied with authority in critical situations. Such situations would include instances where there would be likelihood of certainty of major changes in the expected land use for an area and changes in the projected public service needs. This temporary moratorium is intended to give the City flexibility and time to consider and work out new plans, agreements, and hopefully solutions to what would be the development of a major problem(s) originally unforeseen.
(b) Preliminary Determination. When the Zoning Administrator determines that a proposed use would constitute a significant problem related to health, safety, conflict with an existing or proposed public use or facility, or would exceed the capacity of a public facility, the issuance of the Land Use Permit may be temporarily suspended by the Zoning Administrator. This determination by the Zoning Administrator shall be made only after consultation with the City's Planning and Public Works staff or other appropriate persons and officials. Such suspended application shall be placed on the next agenda of the Plan Commission and Common Council succeeding such Plan Commission meeting. If the Zoning Administrator's decision on such permit is not upheld, the Permit shall be issued provided all other ordinance provisions are complied with.
(c) Final Determination. If the Common Council upholds the Zoning Administrator's preliminary determination on the denial of a Land Use Permit, the City Council can extend the Permit moratorium for a period not to exceed six (6) months from the date of permit application, during which time the City and the applicant shall make arrangements to deal with the problems that would be induced by the proposed use.
(20) Setback from planned streets or streets proposed to be widened. There shall be a minimum setback of forty (40) feet from the existing or proposed right-of-way line of all existing or planned streets proposed to be widened.
(21) Temporary buildings are permitted only 1) if they are associated with permitted construction projects and only during the time of construction, or 2) are approved by the Inspection Department or the Common Council after determining the request is consistent with the Conditional Use Standards contained in this ordinance.
Illustrations: The illustrations contained in this part are provided solely to clarify the intent of textual provisions.
The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.