Planning Commission - Mar 24 2021 - Village of Rochester, WI

AGENDA

Planning Commission

Wednesday, March 24, 2021

A meeting of the Planning Commission will be held Wednesday, March 24, 2021 commencing at 6:00 PM. Page

1. VIRTUAL MEETING DETAILS:

Due to the COVID-19 pandemic, this meeting is being held virtually and no personal gathering

shall take place.

The call-in phone number and meeting passcode are listed below:

9285-930-216-1

PIN: 694 195 311#

To obtain video conferencing login information and to register to speak, please call the Village

Administrator at 262-534-1185. The deadline to register to speak is 5:00 p.m. on the day of the

meeting.

2. CONFIRMATION OF ACCESS, ROLL CALL, INTRODUCTION TO REMOTE

MEETING PROCESS AND GROUND RULES: Village Administrator Betty Novy

Plan Commissioners: Gary Beck, Ed Chart, Maureen Eckert, Patricia Gerber, George Olen,

Mark Tamblyn, Doug Wearing, Marc Morgan (Alternate 1), and Patricia Edwards (Alternate

2).

Staff Members: Sarah Reed & Brian Jensen of Racine County Planning and Development

Services; Lynn Spleas, Planning Secretary

2.1.

3.24.21 Confirmation of Remote Access 3 - 4

3. Submitted for Review and Approval 3.1. February 24, 2021 Minutes

Planning Commission - Feb 24 2021 - Minutes - Pdf

5 - 6

4. Report from Village Board Liaison 4.1. Sebry Properties Extraterritorial CSM -Approved by Village Board on March 8, 2021 5. Public Hearings

(Be advised it is necessary to register in advance of the public hearing in order for your

comments to be heard. To obtain video conferencing login information or to register to speak,

please call the Village Administrator at 262.534.1185. The deadline to register to speak is

5:00 p.m. on the day of the meeting. Pre-registered Citizens will be called by name by the Plan

Commission Chairperson and are subject to a three minute time period, per person, with time

extensions granted at the Plan Commission’s discretion.)

5.1. Conditional use to occupy an existing commercial building and site with sales, service,

and repair of boats, snowmobiles, and ATVs and to include the installation of a six (6)

foot tall woven wire security fence at 2807 Beck Drive. Parcel ID No.

7 - 100

of 127

176031901020010.

Owner: William and Catherine Maas

Applicant: Preferred Marine Sales & Services, LLC- Joseph Schwartz Agenda Item Report - AIR-21-016 - Pdf

3.23.21 Transmittal of Aesthetic Code Requirements- Preferred Marine

Conditional Use Review Checklist- Preferred Marine

Square Footage - Site Information

Legal Opinion - Conditional Use Requirements 6. Action Items 6.1. Conditional use to occupy an existing commercial building and site with sales, service,

and repair of boats, snowmobiles, and ATVs and to include the installation of a six (6)

foot tall woven wire security fence at 2807 Beck Drive. Parcel ID No.

176031901020010.

Owner: William and Catherine Maas

Applicant: Preferred Marine Sales & Services, LLC- Joseph Schwartz

6.2. Initial Consideration: Ordinance #2021-1 "An Ordinance to Repeal and Recreate

Sections 35.100 C.3. and 35-151 B. and Create Sections 35-151 I. and J. of the Village

of Rochester Village Code to Clarify the Existing Provisions and Regulate Towers in

the Village of Rochester" Agenda Item Report - AIR-21-024 - Pdf

101 - 127

7. Adjourn

Betty Novy, Administrator/Treasurer

Posted: March 18, 2021

It is possible that members and possibly a quorum of members of other governmental bodies of

the municipality may be in attendance at the above stated meeting to gather information; no

action will be taken by any governmental body at the above stated meeting other than the

governmental body specifically referred to above in this notice.

Please note: Upon reasonable notice, efforts will be made to accommodate the needs of

disabled individuals through appropriate aids and services. For additional information or to

request this service, please contact the Village Hall at 262‐534‐1180.

Next Meeting: April 28, 2021

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SCRIPT FOR REMOTELY CONDUCTED OPEN MEETING

Confirming Member Access:

As a preliminary matter, this is Betty Novy, Village Administrator. Permit me to confirm that all members and persons anticipated on the Plan Commission agenda for tonight are present and can hear me.

Members, when I call your name, please respond in the affirmative. Gary Beck, Ed Chart, Maureen Eckert, Patricia Gerber, George Olen, Mark Tamblyn, Doug Wearing, Marc Morgan (Alternate 1), and Patricia Edwards (Alternate 2).

Staff, when I call your name, please respond in the affirmative. Sarah Reed, Brian Jensen, Lynn Spleas

Anticipated Speakers on the Agenda, please respond in the affirmative. Representing PREFERRED MARINE, we have Bill Maas and Joseph Schwartz.

Introduction to Remote Meeting:

Good evening. This Open Meeting of the Village of Rochester is being conducted remotely due to the current State of Emergency given the outbreak of the coronavirus.

In order to mitigate the transmission of the virus and reduce risk of COVID-19 illness, citizens have been encouraged to stay at home, and mass gatherings have been restricted. It has been determined that the Village can best satisfy these purposes, while accomplishing necessary public business, by meeting remotely.

Participants are advised that people may be listening to this meeting who do not provide comment, and those persons are not required to identify themselves.

For this meeting, the Village of Rochester is convening by Google “Meet” and instructions are posted on the Village’s Website identifying how the public may join.

Please note that this meeting is being recorded, and that some attendees are participating by video conference.

of 127

Accordingly, please be aware that people may be able to see you, and take care not to “screen share” your computer if that is not your intent. Anything that you broadcast may be captured by the recording.

Meeting Materials

All of the materials for this meeting are available on the Village of Rochester website, and we recommend the members and the public follow the agenda as posted unless the Chairperson notes otherwise.

Meeting Business Ground Rules

Before turning to the first item on the agenda, permit me to cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes.

The Plan Commission Chairperson will introduce each speaker on the agenda. After they conclude their remarks, the Chairperson will go down the line of Members, inviting each by name to provide any comment, questions, or motions. Please hold until your name is called. Further,

o Please remember to mute your phone or computer when you are not speaking;

o Please remember to speak clearly and in a way that helps generate accurate minutes

For any response, please wait until the Chairperson yields the floor to you, and state your name before speaking.

If members wish to engage in discussion with other members, please do so through the Chair, taking care to identify yourself.

Finally, each vote taken in this meeting will be conducted by roll call vote.

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Planning Commission Meeting February 24, 2021

MINUTES

Planning Commission Meeting

6:00 PM - Wednesday, February 24, 2021

Village Hall

The Planning Commission of the Village of Rochester was called to order on Wednesday, February 24, 2021, at

6:00 PM, in the Village Hall:

1. VIRTUAL MEETING DETAILS

Due to the COVID-19 pandemic, this meeting is being held virtually and no personal;

gathering will take place.

2. CONFIRMATION OF ACCESS; ROLL CALL; INTRODUCTION TO REMOTE

MEETING PROCESSES AND GROUND RULES: VILLAGE ADMINISTRATOR

BETTY NOVY

PRESENT: Gary Beck, Edward Chart, Maureen Eckert, Patricia Edwards, Patricia

Gerber, George Olen, Mark Tamblyn, Marc Morgan, and Doug Wearing

ABSENT: NONE

STAFF

PRESENT:

Betty Novy, Administrator-Treasurer, Lynn Spleas, Administrative Asst.,

Sarah Reed, Development Services Specialist, and Brian Jensen, Zoning

Administrator

2.1. DUE TO THE QUESTIONABLE REMOTE CONNECTION OF

CHAIRPERSON PATRICIA GERBER . MARK TAMBLYN SERVED AS

CHAIRPERSON.

3. SUBMITTED FOR REVIEW AND APPROVAL 3.1. Maureen Eckert made a motion to approve the December 16, 2021 minutes. Patricia Gerber

seconded the motion. Carried unanimously.

4. PUBLIC HEARINGS 4.1. NONE.

5. REPORT FROM VILLAGE BOARD LIAISON 5.1. NONE.

Page 1 of 2 of 127

Planning Commission Meeting February 24, 2021

6. ACTION ITEMS 6.1. EXTRATERRITORIAL PLAT REVIEW- CERTIFIED SURVEY MAP FOR A

PROPOSED LAND DIVISION TO CREATE FOUR (4) PARCELS OF LAND

FROM CSM 3077 LOT 2, SOUTH OF 26535 DOVER LINE ROAD, IN

SECTION 32, TOWNSHIP 4 NORTH, RANGE 20 EAST, TOWN OF

NORWAY, RACINE COUNTY, WISCONSIN

OWNER: SEBRY PROPERTIES, LLC- STEVE STRUEDER The Plan Commission reviewed the Extraterritorial Plat Review-Certified Survey Map for a

land division to create (4) parcels of land. Sebry Properties, LLC -Steve Strueder are

requesting (4) parcels ranging from 3.35 to 19.51 acres within the Town of Norway. The

proposed division is located within 1.5 miles of the Rochester Village limits and requires

Village of Rochester Extraterritorial Plat Review and approval.

Sarah Reed reported on her review of the proposed land division. The Public Works Manager

confirmed no negative impacts on drainage in the Village of Rochester and the proposed land

division does not conflict with any land use plans adopted by the Village. Reed has no

concerns or objection to the Certified Survey Map and recommended this Extraterritorial Plat

be approved. Tamblyn asked if any of the Plan Commissioners had questions. Gerber stated

she is glad to see this parcel will not cause any drainage issues.

The Owner Steve Strueder was in attendance remotely and had no questions. Novy informed

Strueder the Extraterritorial Plat Review and final approval will take place at he March 8th

Village Board meeting. Maureen Eckert made a motion to recommended approval of the Extraterritorial Plat View-

Certified Survey Map for the proposed land division to create four parcels of land in the Town

of Norway. Patricia Gerber seconded the motion. Carried unanimously.

7. ADJOURN Maureen Eckert made a motion made a adjourn at 6:10 P.M. Edward Chart seconded the

motion. Carried unanimously.

Lynn B. Spleas, Planning Secretary

Page 2 of 2 of 127

Village of Rochester

Planning Memorandum Planning Commission - Mar 24 2021

Prepared For:

Planning Commission

Staff Contact: Sarah Reed, Development Services Specialist

Agenda Item: Conditional use to occupy an existing commercial building and site with sales, service, and repair of

boats, snowmobiles, and ATVs and to include the installation of a six (6) foot tall woven wire security fence at 2807 Beck Drive. Parcel ID No. 176031901020010. Owner: William and Catherine Maas Applicant: Preferred Marine Sales & Services, LLC- Joseph Schwartz

Existing Zoning and Land Use Restrictions: The subject property is ±1.6 acres located ±300 feet northwest of the intersection of STH 36 and Beck

Drive. The property is currently zoned B-3 General Business District. The parcels to the north, south, and east are zoned B-3 General Business District, and the property to the west is zoned B-4 Highway Business District. The two existing buildings on site are the concrete block building and pole barn. The applicant is requesting a conditional use to occupy the building and site with the sales, service, and repair of boats, snowmobiles, and ATVs and to include the installation of a six (6) foot tall woven wire security fence.

Planning Analysis: In this proposal, the applicant is proposing to utilize the concrete block building as a showroom,

service shop including parts storage and office. The existing pole barn is proposed to be utilized for the storage of boats, snowmobiles, and ATVs that are awaiting servicing. Furthermore, the applicant is proposing approximately 726.5 feet of woven wire security fencing with black privacy screening for an outdoor parking area of boats awaiting servicing. The proposed fence to be installed in late spring or early summer. Applicant specifies that there will be approximately 40 service boats there at a time, except for in the spring and fall when there could be approximately 125 service boats. No additional landscaping or lighting is proposed by the applicant. The preexisting nonconforming concrete block building and easements may impede the ability for landscaping placement. The applicant has specified that the proposed hours of operation will be Monday-Friday 8:00AM- 6:00PM, Saturday 8:00AM- 2:00PM, and closed on Sundays. There will be 2 employees including the applicant. Number of parking spaces proposed is 13 parking spaces including 1 handicap accessible parking space. The proposal for the woven wire security fencing with black privacy screening was sent to the Public Works Manager for review. The recommendation was made that the proposed fence location should

Page 1 of 58 of 127

not cause any problems with stormwater drainage, there should be no deviation from the proposed plans and that the property corners by Evergreen Drive should be located by the applicant to ensure the fence will be constructed outside of the right-of-way (see attached staff report). With additional research submitted by Village staff, in 2015 the adjacent property owner (north) along with the current property owner of subject site, formalized an agreement for shared access to both properties from Evergreen Drive. This agreement was recognized in the 2015 conditional use that was approved by the Village (see attached). The proposed fencing will need to be revised to relocate outside of shared access area. Additionally, the proposal was sent to the Fire Chief for any proposed recommendations. It was recommended that if the building does not have a knox box, the applicant will need to contact the Fire Chief to get one. Or if the property does have a knox box, that the correct keys are placed in the box along with the keys for the proposed security fence (see attached). Please note, the applicant has been made aware that this petition does not allow for the off season storage of boats and other recreational vehicles, such as and not limited to, campers, travel trailers, snowmobiles, off-road vehicles and motor homes as this is not an approved self-service storage facility per the conditional use section under Sec 35-43 B-3 General Business District.

Planning Conclusions: • No off season storage is allowed and included as a drafted condition

• The color of the proposed screening may need to change as the ordinance states it shall conform to those used as predominant materials and colors of the building (35-22(9)) and is included in the draft conditions

• 2015 agreement with property owner of 2807 Beck Drive and the property owner of 2819 Beck Drive as shared access. The proposed fence will need to be revised to reflect staying outside of that area and to be reviewed and approved by the Public Works Manager.

Staff Recommended Conditions: See attached recommended conditions

Suggested Motion of Planning Commssion: If the Village feels that the proposed use is appropriate, approval is recommended for the following

reasons: 1. This use is not hazardous, offensive, or otherwise adverse to the environmental quality, water quality, property values in the Village 2. This use appears to be permitted by the underlying zoning district 3. Based on other things going on in the area, the use appears to fit with the uses of the district

Attachments: ROCHESTER 3.24.20 LEGAL NOTICE

Preferred Marine Meeting Maps Preferred Marine Apps & Cover Letter Preferred Marine Site Plan - Black Line Proposed Signage Maas Historical Easement Documents

Page 2 of 58 of 127

PW Manager Tech Memo Fire Chief Recommendations PreferredMarine-DraftConditions Affidavit of mailing for Preferred Marine 2015 Maas- Rochester Food and Beverage Driveway Agreement 2015 Rochester Food and Beverage CUP

Page 3 of 58 of 127

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Village of Rochester Planning Commission

Conditional Use PermitMaas / Preferred Marine Sales & Services LLC

Section 01, Town 3 North, Range 19 East 2807 Beck Drive

Wednesday, March 24, 2021 – 6:00 p.m.

1

Page 5 of 58 of 127

Location Map

2

William & Catherine Maas, OwnersPreferred Marine Sales & Service LLC – Joseph Schwartz, Agent Site Address: 2807 Beck DriveB-3 Conditional use permit to occupy an existing commercial building & site with sales, service, and repairs of boats, snowmobiles, & and ATVS - includes the installation of a 6-foot-tall woven wire security fence

SEC 01 – T3N – R19E


Page 6 of 58 of 127

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Page 7 of 58 of 127

2020 Aerial Map

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William & Catherine Maas, Owners Preferred Marine Sales & Service LLC – Joseph Schwartz, Agent

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FOR AND IN CONSIDERATIONof the sum of one dollarand other goodand valuableconsiderationto

n hand paid, the receipt whereofis hereby acknowledged,the undersignedGrantor,S

_THOMASJ. MAAS,

and WALTERB. MAAS and CATHERINEMAAS,his wife.

do_____hereby give, grant and convey unto

WISCONSIN NATURAL‘GASCOMPANY 1a corporation, Grn.ntee,__itssuccessorsand assigns, subject to the limitations and reservations herein stated, the right,

permission and authority to lay, install, construct, maintain, operate, alter, replace, extend, repair and remove a pipeline

or pipelineswith valves, tie-overs, main laterals and service laterals.and other appurtenant facilities, all of whichshall

be and remain the property of the Grantee, for the transmissionand distribution of natural gas and all by-products

thereof or any liquids, gases, or substances whichcan or may be transported or distributedthrough a pipeline; over,

under, across, and upon the hereinafterdescribedstrip of land:

* ( 20 )

feet in width being a part of the premisesof the undersignedin the _

Ngzgbyzgst; qnaxgez; {NW Llg) gf the ?gxthwest guarter ( NW ll!»

of Section numbered( 1 ), Township numbered__

Three ( 3 ) North, Illangenumbered_______ __ _N___in_e_t__ee“____________

(_.J.9____) Em, Town o ____i:a<=_iae_______.___

County, Wisconsin, rbexaantwdr1xxx1£ said strip of land being describedas follows:

The southwesterly twenty (20) ?eet of the Grantors’ premises lying northeasterly

and contiguous to the northeasterlygright of way line of SLT.H. "20" in the Northwest

quarter (NW 1/4) of the Northwest quarter (NW 1/4) of Section One (1), Town and Range

aforesaid.

Grantors do hereby grant to Grantee a temporary construction easement for initial

construction purposes only an additional strip of land thirty (30) feet in width lying

northeasterly of and adjacent to the northeasterly line of said twenty (20) foot

permanent easement described above.thirty;(30) foot temporary construction

This/easementshall terminate after the temporary need therefor passes.

Register's onice SS_...‘

’ RacineCounty, Wis.Q‘

Receivwllnr Record..... .. . , __ dayA.D.19?S.”<.'iat.a?.-.

of.

o'clock and re ordedin VolumeX, ESQof on page -

J‘1&n»z Q53R-mm of Duds

6 -00

.,’

.Gruntee mayrequest or otherwise appoint and duly authorize other persons, ?rms or corporationsto perform,

carry out and complete the activities and operations, herein enumerated, as it deems necessary and convenient for the

full enjoyment and useof the rights herein granted. '

if ThcZGrarteeshall have all other rights and bene?ts necessary or convenient for the full enjoyment and use of the

rights herein granted,including but not limited to, the right to remove and to clear all structures and obstructions such

as but not ,,lim_iu:‘cl“torocks, trees, brush, limbs and fences which might interfere with the rights herein contained, and

the free and full right of ingress and egress over and across said lands and other adjacent lands of the Grantor to and

Any pipe shall be buried to such depth that it will not interfere with the ordinary cultivation of such land.

The Crantor.3_. covenant... and agree_. that no structures, obstructionsor impediments, of whatever kind or

nature, whichwillnncmigbt interfere with the full enjoyment and use of the rights herein granted,will be constructed.

placed,granted or allowedwim Wsaid above describedwxsacttxat twent (20) £0013 Permanent

easement: at-rip.' "“"" “

0

Grantee, by the acceptance hereof, shall be liable for physical damage which it

Wl_,causesb? laying, installing, constructing, maintaining, operating, altering, re-

placing, repairing or removing said pipeline or pipelines, to growing crops, live-

stock, and fences on Grantors' land.

(EXECUTE ANDNOTARIZEON BACK)W252


1107982

assigns of allThis agreement shall be binding upon the heirs, successors or

parties hereto .‘ JIh~QITkESSWHEREOf,Grantor§_ have hereunto set their hand§_ and seai§_

this g4’/’ day of ?gmg , 19_a_2_.

In Presence of:

________________________‘_____ I

e /MM?‘ . <sEAL>5 Thomas J. Maas

(SEAL)

(SEAL)

(SEAL).t

atherine Haas

STATE OF WISCONSIN)' SS

[?e/mg,couwmzi‘g2’/’day of 5.22/?g , 19 82, the

Personally came before me this

above named THOMASJ. MAASaad—GER$RDEéMAST—hi9—Hé£e&

nstrument and acknowledged the same”

OI‘u I‘i.'3it

foregoing 1

xjcv cgzrjb-::»<'¢_*f5.3::fit, _...‘ E

Notary Public, Z¥Z(M'u§¢ &1Cognty,QWism§:

'

‘ F3 _.‘_Q; _:.

' '-' I’:

_-

‘v

‘(lan

STAIE OF WISCONSIN)

.7 I

: SS"

4 COUNTY)

Personally came before me this [ZM day of 2:‘finzg , 19 82, the

above named WALTERB. MAASand CATHERINEMAAS,'

who executed theto me known to be the person__

d the sameforegoing instrument and acknowledge

<-.<=»r'>:em.s"'4

*‘T9°”§t-"v‘S?-"'.‘~;--'3‘'. , - :3}“ I,

"§-. 5.»/Pr »-

Qcrrrs ..Notary Public,

~\A‘»—\,\

v:L165UPAGE253

C. D. Foster __on behalf of Wisconsin

.,‘Ihis instrument was drafted by

‘ *?Natura1'Gas'Company._ 2 _

»O«=4um.:O./5.‘/(my/<e_Z

23/ ad, /’7/tr,/I/,9-n...;77.(«> (53 ;a:


\

‘‘I ‘xv ,

.r_ — 4, v . .-.L,,«-~a:_f'.“'r“,:.';-"5".,...1...-.\ '3‘-~.-’. ~‘

- ‘? "’6‘_}?t-‘r - .w~.-CI:h::- {.--" ‘ . \,)s.. ,.

‘ ‘ -. "-35‘ L

= 1254 am ~~ 2 .»-.44.V

znsznsm acasxnawr ‘~'«"~~‘-r‘--‘“:‘*““""""." 5""f«"»§1:-mn :¢_._(',)_,( M,‘an: I.p'2&;I‘.!‘.‘um V42(XL...-f?7.

psuvm: ROADnxmranmaczAGREEHENT~'=<‘=~~‘=1+'--=’’ °” ‘W’ i' '

" ‘JI

‘a ‘I

I II:I 1

This agreement dads and entered into as of the x’? day of .¢“4~v2Euup.x9aoao§bm::¢en Raine: 3. Haas and Catherine H. Hana, husband and vife. (Hans)

and Hard Rock ?rupcrtics. n genera! partnership under the lava of Visconuin.(?ard Rock).

bf and 1LI4

REGITALS

VHKREAS.?nns is the owner of property located in the ccunty of Rncxuc .sznzu of vincanuin hcriu referred to as TRACTA and legally described as iallovus

see attached Exhibit K: and

vnsxzr , Hard Rock in the ovner of prnpescy located in the County ofKucinu . Scare cf Viaconain. herein after referred to as TRACT 8 described as ‘

'

follows:

See attached Exhibit B: and

VHEKEAS.is is the desire of the parties to construct and maintain fortheir uzcluuivu use a private road over the portion of the property described fin Exhibit A more specifically dcacr£bed as follows:

Sec nctachad Exhibit C.

THEREFORE.in co?sidcrnxinnof the prcmiaon herein. the sufficiency whichis hereby acknmvludged. the parties hereto agree as follows:

1. Haas hereby conveys co Hard Rock the easement as described in Exhibit 7C attached hereto;

;

2. Hard Rack agrees to construct a private rand over this easement and Eaccording rhe plans and specifications as approved by the Town of Rochester overthe duscribud property;

3. This cnscaent shall be for the exclusive use of Rana. their 3

successors and assigns in ownership to Tract A and Hard Rock. their successorsand assigns in ownership of Tract B;

a. Hard Rock agrees ca pave the area on Tract A. which lies between the Ecancmenn described herein. and the two concrete building: which are presently 1on Trncc A with the pnvsng to be only up to the noucheaan wall of the concrctn A

building t9 the vent and the southeast wail of thu concrete building to the cant I

and up to :1 linu which runs between the cue nearest corners of those two ;buildings.

5. ?nintunance of the private road. constructed upon this easement. &shall be perforced as needgd by Hard Rock. its uuccesaors and assigns inownership to Tract 3. vizh maintenance to the other areas paved pursuant to this iagrucaénz LO bu with nuns: %

‘Than ?cmvwunt 2»!m2hm;ru-rmcordcd to Correct Exhibit "A".I . ->5:-c.."..I'1_,.ovar.-; x

‘- . _ IM1928s*.sc.s9:U8W‘; g:L.1Q28_.€;~.(.§_j4?5

-—us|v?i


6and shall be appurtenant to Tract A and benefit Tract B.extend to and be binding upon the pnrL5e2 hereto. their hatra,representatives. tuccoasors and assigns.

the turns and provisions of char instrument shall run with the land §This agreement shall §

10351 E

GRAHTORS

Walter 3. Run» andCatherine M. More

GRANTKE

Hard Rock Froperties. a Ulncoasin GeneralPartnership

By !

Fred 3. oreel, a Partner

Ci- 5John strrtit. a Partner

Glen Swanson. a Partner

STATE OF VISCONSIN})as

COUNTYOF )

The foregoing instrumant was ncknovladge before as thin .312?day of ;.4cA?:£?T' , 1985 by Valuer 8. Hans and Catherine R. Kano. husband and wife.

Msubscribed and ovary cu before an 7‘hi; ff“ day of W¢4”~*-T .1983.

4-v--""‘-'”'”..‘:Pw.-'1 /'.I '

vs.‘‘‘

_'_..-‘‘

",.«"’¢;r'v=- .. (‘“-' ’:E...~‘..—-r--:"f.'Notary Public

_ I',_‘/If ,-‘ _.-\',:>;a,7: .' 1.1’:.«_;"*.;

\

1

3/‘*.-_v‘/..,..-‘.3; 1" ..‘- .J.'.""‘~;H‘J.«_ E

P’!7 /‘,="/|.a“4J_’¢,£'‘‘‘‘.’.- 1N I

2 '

V?-‘L1 NM907m19‘___wg_§__m;455

" ' ""'"-‘aw. .-.

H“ In “I ll. rm-“I'D I—


6. The terms and provisions of this instrument shall run with the landand shall be appurtenant to Tract A and benefit Tract B. This agrecaenc shallextend to and be binding upon the parties hcreLo. their heirs. legalrepresentatives. successors and assigns.

GRANTORS

Hillium B. Haas andKatherine H. Hana

GRANTEE

Hard Roc Properties. a Wisconsin General

ay?‘hlen Swanson. a Pztnner

)5;

COUNTYOF 3

The foregoing instrument was acknowledge before me this day of. 1936 by waiter 3. Hans and Katherine H. Runs, husband and vife.' srns or vzsconsm;

| 1

Subscribed andthis day of

worn :0 before me1988.’

%?

Notary Fub3ic%

'v-11323-" .3908

._ .-—-._..-9-—~..—a.

.1‘

31

§

i1x

i

iW

11I‘1EN524

3534

I

W


.J

STATE OF VISCOHSIN)| 1: )55

? comm or ()x.°»x£ )

The foregoing instrument uaa acknovlodgé before me this'

/5 day of__{E&3ga?;__- 1988 by F'ed N. creel. John starrit and Gian suansan.being all theParthets of Hard Rock3 Properties. a visconsin general partnership. on behalf ofthe par*nersbip.3

E subscribed and sworn to before me Emin 4» day of _(g,v,¢~“WI . mas,

Shakopoe. KB 25379n5 t612)&h5-SD80

- ‘.7 'y

o;“:..£a;E ?:‘ :,.}.)E ,4.

Notary Fubllcy ;

DRAFTEDBY:

xrass 8 Monroe Chartered _327 south Mnrschall Baud§Suite 300

P.0. Box 216

‘?!.6E.45_‘tQ-._,,_~,,vma-909

.__f__.___——n--nuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIII“III|IuI.‘!!‘lIIuIiiElEM?iii?ii.


EXHIBIT ‘A’ix>KV

\l‘lUl\

3i

iiiPart of the Northwvnt 1/4 of the Northwest 1/4 of Section K. Town JiHorth. Range 10 East of the Fourth Przncipal uorzdian, Town of i

Rochvstcr. Hacxne County, Hzsconszn. and more partxcularly describoéas lollous: '

114

Communcxng at u snandard Racane County monument marking the E

Northwest corner at Svction 5. run thence South 2°0&‘27‘ Baa: alone?the Host line or the Northwest 1/4 of said section, 480.¢6 feet to 1the Easterly raqhn-or-way lane of State Trunk Highway 20: thence iSouth 33“J3‘4u“ East ¢Xonq saxd Easterly lane 224.81 feet to thepoxnt of bvgxnhsnq of thc foklouanq descrzbed parcel;

Thence contxnuc Suuth 33°33-4a“ East along said Easterly line l50.J?foot; Ihcnvu North Su°26'20“ East 27.00 feet: thence South J3‘J3‘40HEast along nusd Hgslorly 110: 25.00 (act; thence North 6J°35'06‘East 361.2! Punt: thence North S4“02'52' Hes: 2J0.62 feet: thenceMarta 3u"%7*ob" East 65.39 feat 16 the aounhorly right~o!-Hay lino0! East ?vvrqrucn Drxvu: thence North 53°11'22" Nest along Raidsouthuxly lune, 142.22 feet: thence South 23°19‘O4' East 130.73feet; Lhunuv South 63°35'06‘ Hes: 227.90 {eat to the po:nt atbeqsnnxnq.

4

' Contaxnunq 69.989 square tact of land, more or loan.

5ubJcCt LO any uasumeana of record.

0/ cs’ -'31 J 1 r‘ /' ‘ L: "" "-. r "" ‘ “; " ;-—-,-7;‘‘*‘'3.'-....«i(l.. 'l' ._,“"u{' L_ '1‘.LP gr...4.“) . /I‘"1 (,,,.-'4‘. La’ '- (mi -3".

.,.. ~ 4 ‘-~"‘ ..~:-. "‘ -r':‘4’T"-JP!-' ‘L...'~~'***""~'4~-’?'!7~'~$5¢‘FZm*£~:1‘:\‘I5:»=31-§T::$3?*.:§iL37+9%9s3¥Egvm‘”'

-. ».. u_.'-»,,. ,


i %?

2:.-:m:m'r a ,

i$ :L E1

E Part ot the N.w. 1/4 of the N.w. 9 of section 1,~ wwumn===a=ww—-~ .. 3

w-9";.~'?‘-N-”;u, uIi. ¢;7v:¥:'~2t.¥.‘—‘-.'~E-?x_-?um g????hw??mé‘."?{{-;1;4,"I:5‘3,

wk'

T.JN.. R.19E., Township of Rochester. County of RacineState or Hxsconsxn. and more partzcularly 11xRuu9No?:i?l?4R:l:l2"described as tollows: Commencxng at a standard Racxne County 422monument marxxng the n.w. corner of said section 1, run thence s.2“06‘27"B along the w. line of the u.w.s of said section. 428.72 £c., thence;S.33'33‘40“ B. 444.30 ft. to the poznt of beginnzng of the followingdescribed parcel; thence continue s.33'33'40“E. along the Easterly righof-way Lxne of state Trunk Highway 20 a distance of 170.00 ft. to theNortncrxy rzght-ct-way Line of State Trunk Highway 36; thence N.48"15’ i3B"B Along said Northcrly lxne 169.14 ft. to a

I

point at cuzvaturet ifthence Northeastcrly along said Northerly line and the are of a curve tothe rxqnt. navxng a central angle of o°42'33.7", a raaius at 1?,318.73 gft., and whose long chord bears N.33"39‘S9.6“E. 214.42 ft., a distance gt

1K

L

1

da-

2l4.42 tt.. thence N. 54"02‘S2” H. 19.22 ft: thence 5. 63“35'06‘ R.316.21 rt. co the poxnt or bogznnzng. Containing 0.887 acres of land,more or less. Subject to easements of record.

E."

1.0In

1A. ‘

1«C ".- gu} -5‘! _ ,i;,;:;] .(::(J(_"':


EXHIBIT C

An easement for a driveway over and across all that part of Tract A whichlies southeastcrly of n I£ne commencing at A point. 11 feet northventcrly an thesouthwesterly line of Tract A: thence proceeding notzheaszerly and at rightnnglus a distance of 27 feet; thence northensterly and parallel to thesoutheasccrly line at Tract A. 9 distance of no feet; then 90 degrees to thesoutheast to a point an feeL'northues:er1y of the southcasterly line of True:A; thence ncrtheashcrly at right angles parallel to the soucheasterly line ofTract A. for A distance of 290 fact and there terminating.

‘1%o~< nv- .._.. §%.a ¢%:2—


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02014 VlerblcherAsoclales. Inc.

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«'w::‘7 U:L41-F‘v-I.-" 9')»;V'\.-I.-. .J.._-.‘J f.~‘.:‘.YJ...::..

FORAND IN CONSIDERATION of the sum of One Dollar ($51.00).

to us in hand paid, the receipt whereof is hereby acknowledged, we

do hereby give and grantto'

‘wIscoNsIN ELECTRICPOWER COMPANY

its successors and assigns, the right, permission andauthority to

construct, erect and maintain a pole together with the necessary

anchor, guywire and brace pole, and to string and maintain wires

thereon for the purpose of supplying light, heat, power and signals,

or for such other purpose as electric current is now or may hereafter

be used upon, over and across our land lying between C.T.H. UK",

and the buildings, in the Northwest one-quarter(NW%)of Section

numbered One (1), Township numbered Three (3) North, Range numbered

Nineteen (l9) East, Town of Rochester,Racine County, Wisconsin.

Also to trim and keep trimmed all trees along the line

upon our said premises so that they will clear wires strung not

less than 18 feet above ground by as much as 5 feet, and so that

the trees will not be liable to interferewith the transmission of

electricity oversaid line..

Permission is also granted said Company to enter upon said

premises to do the work contemplated and to make repairs to said

line when necessary.

It is understood and agreed that the entire agreement of

the parties is contained in this instrumentand that in theevent

the undersigned seeks to secure electric service from said line,

such service will be rendered upon the completion and electrification

of said line, if required by, and then only under the conditions of

‘the Company's rules and regulations and at the Company's authorized

rates.


.' ti- =2:-'- .‘~.-.-

IN WITIIESS WHEREOFwe have hereunto set our hands and

seals this .22 day 01‘ $222;, 191,6.

In Presence of:

/4/ (SEAL)eorge W. Frenuning, 5- M E

44Arthux‘ J . Verhalen

‘ wé?i .(SEAL)Ha ter 13. Mass

(SEAL)bet- er ne ideas

STATE OF WISCONSIN )

C0UNW 3Personally came before me this 522 day of

1946, the above named Thomas J. ';\~1eas and Gertrude-Mae , his wife,

and Fred T. Mass and Bernadette Iwlees, his wife, and Walter B. Mass

and Catherine Mass, his wife, to me known to be the persons who

executed the foregoing instrument and acknowle‘dged the same.

:essie V. IJe

Notary Public, Co. ,'w‘is.

My commission expires ’/,

we ofTown . of Rochester,}ss._

./Zl-:/tTi?I.of__;_______A. 13.,19f_§a 16.andr corded Inyolumefigj”_page_':?_5;_/_’_"" 3*‘

XRegisterof Deeds_' DeputvBldg.gzlceel, Wis.I.D‘._0.'.E-1546‘W08531-2203J ThomasJ’. Mass, et al,tofa’, .-W§es<:,onsin Electric PowerGompany.5i=oleline‘ fights overpremises in theSe_c. l_-5-19,RecineCounty! Wis.7 Registefs Office.-RacineCounty, Wis.~ '

R _eivedfor RecordB)/.'...._......_......L__._.........':..._...._.....*Return' to:E.D,Mishelow, Room 508Public ServiceMilweI 75.’.1'


1

Staff Report To: Sarah Reed, Racine County Development Services From: Christopher Birkett, Public Works Manager Date: March 5, 2021 Re: Technical Review, Preferred Marine, Maas Property.

I have reviewed the Drawing provided by the owner of Preferred Marine and have reviewed the proposed fence with 2 site visits. The proposed location for the fence should not cause any problems with storm water drainage. I do have concerns with the property line / right of way on Evergreen Dr. Schwartz should have the property corners located so the fence is not placed in the right of way of Evergreen Dr. My reason for that is the pavement is not centered in the right of way, measuring from center of the Recommendation: I have no concerns or objections to the proposed plan as long as they do not deviate from it and that they have the property corners by Evergreen Dr. located and keep the fence outside of the right of way.

CONFIDENTIAL


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3.24.2021 Village of Rochester Plan Commission Meeting

DRAFT CONDITIONS for Preferred Marine Sales and Services, LLC

Submitted by Racine County Planning Staff

**DRAFT CONDITIONS**: 1. Zoning Permit. The applicant must obtain a zoning permits from the Racine

County Development Services Office on behalf of the Village of Rochester after paying the zoning permit fee for an occupancy permit of $125.00 prior to occupying the site, and a zoning permit fee of $50.00 for the non-residential security fence construction. The cards must be displayed in a prominent location at the project site, and a copy of these conditions must be kept at the project site at all times until the project has been completed.

2. Compliance. Failure to comply with the terms and conditions stated herein could result in the issuance of citation(s) and/or revocation of this permit. (s 35-100(F)(g)(d))

3. Binding Effect. These conditions bind and are applicable to the Property Owner, Applicant, and agents of the Property Owner (collectively referred to herein as “Applicant” or “Property Owner”) with respect to the uses on the Property.

4. Plans. The proposed project shall be located, constructed, and utilized in

accordance with the plans and documents received by the Racine County Development Services Office on behalf of the Village of Rochester on March 1, 2021, unless otherwise amended herein.

5. This approval is granted to occupy an existing commercial building and site with sales, service, and repair of boats, snowmobiles, and ATVs, and to include the installation of a six (6) foot tall woven wire security fence and shall comply with the revised operational plans and written report received by the Racine County Development Services Department on behalf of the Village of Rochester on March 1, 2021.

6. Off Season Storage. Off season storage of boats and other recreational vehicles, such as, but not limited to, campers, travel trailers, snowmobiles, off-road vehicles, and motor homes is prohibited on this site or within the existing buildings. (s.35-43(4))

7. Service Boats. The parking of service boats snowmobiles, and ATVs must be in neat and orderly rows within the security fenced area. No junked or wrecked boats, snowmobiles, and ATVs may be stored on the property for parts salvage activities. (s.35-43(4))

8. Expiration. This approval shall expire 2 years from the date of the Village’s final approval unless substantial work has commenced following such grant. If this office determines that no substantial work has commenced, the project may not occur unless the Village of Rochester grants a written extension. Written extensions request must be submitted to the Racine County Development





Services office on behalf of the Village of Rochester thirty (30) days before the permit/approval expiration. (s.35-100(F)(3)(f)(1))

9. Hours of Operation. Hours of operation are Monday-Friday 8:00AM-6:00PM,

Saturday 8:00AM-2:00PM, and closed on Sundays. (s. 35-100(B)(21)(b))

10. Access. The applicant must allow any Racine County Development Services employee, on behalf of the Village of Rochester, full and unlimited access to the project site at a reasonable time to investigate the projects construction, operation, and maintenance. (s. 35-100(F)(3)(e))

11. Non-Residential Security Fencing. Security fences are allowed on the property lines in all districts except residential districts but shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron fencing. A zoning permit for a non-residential security fence is required. Please note that prior to the issuance of the zoning permit for the non-residential security fencing, the applicant must supply the Racine County Development Services Office, on behalf of the Village of Rochester, a plan for the revised fencing location to relocate outside of the shared access agreement area recognized by the Village of Rochester per the 2015 conditional use approval of the adjacent property (north). This revised fencing shall also be reviewed and approved by the Public Works Manager prior to issuance. (s.35-180(B)(5))

12. Location and Design of Loading Facilities and Waste Storage. Areas for

outdoor storage, truck parking, trash collection or compaction, loading or other such uses shall not be visible from roadways and neighboring properties. Loading, trash collection and compaction, and outdoor storage areas should be screened. Materials, colors, and designs of screening walls and/or fences and the cover shall conform to those used and predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used and predominant materials and colors of the building. Screening of the security fenced areas must be kept in a neat order and appearance. Any damage to the screening must be replaced within a reasonable amount of time. (s. 35-22(D)(9))

13. Continued Compliance. Upon written inquiry by the Plan Commission, the permit

holder under this section shall have the burden of presenting credible evidence establishing to a reasonable degree of certainty the continued compliance with all conditions placed upon the conditional use permits. Failure to establish compliance with all conditions placed upon the conditional use will be grounds for revocation.

14. Performance Standards. The applicant must comply with the provisions of 35-

250 Performance Standards, found in Chapter 35 (Planning and Zoning) of the Village of Rochester Municipal Code. (s. 35-250)





15. Property Maintenance Requirements. This site must be kept neat and orderly at all times, with all refuse dumpsters out of view of passersby. All disposed items must be done in an environmentally safe manner. The continued positive appearance of buildings and property is dependent upon proper maintenance attitudes and procedures. Maintenance programs must be established that include watering, maintaining, and pruning all landscape planting areas; cleaning up litter and emptying trash containers in a timely fashion; sweeping, cleaning, and repairing paved surfaces; replacing broken and vandalized parts; replacing burned out light bulbs; and cleaning, painting, and repairing windows and building facade.

16. Operation Requirements. The operation shall not locate, store, discharge, or

permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash or be harmful to human, animal, plant or aquatic life. Any oil or other hazardous fluids must be stored in a designated containment area that complies with all Wisconsin Department of Natural Resources (WI-DNR) regulations.

17. Advertising Signs. A separate zoning permit is required for any advertising signs

placed on the property. (s.35-171(B))

18. Parking. The size of each parking space shall be not less than 180 square feet in area nor less than nine (9) feet in width, exclusive of the space required for ingress and egress. All open, off-street parking and loading areas in all zoning districts except residential districts shall be improved with pavement of either asphalt or concrete. All off-street parking areas serving five (5) or more vehicles shall have all parking stalls permanently marked by painted lines or other approved material and said marking shall be maintained so as to be legible at all times. Stormwater drainage facilities shall be as required and approved by the Village Engineer. (s.35-161)

19. Building Permit. The applicant is required to obtain building permit approval from the Village Building Inspector prior to starting any interior construction within the existing commercial building. Lee Greivell is the Building Inspector with the Village of Rochester and can be contacted by telephone at (262) 424-6957.

20. Fire Codes. The existing commercial building shall comply with the Village of Rochester Fire Codes. (Contact Jack Biermann, Rochester Assistant Fire Chief, by telephone at (262) 534-3444, regarding fire code requirements and knox box requirements)

21. Accumulation of Refuse and Debris. Any fence, wall, hedge, yard, space, or

landscaped area must be kept free of any accumulation of refuse or debris. Plant materials must be kept in a healthy growing condition and structures must be maintained in a sound manner.





22. Stormwater Requirements. The property owner or designated agent must contact the Village of Rochester regarding stormwater regulations for the site. Compliance with all regulations and requirements, as determined by the Village of Rochester is required.

23. Compliance with Law. The applicant is responsible for obtaining all necessary

federal, state, and local permits, approvals, and licenses. The applicant is required to comply with all applicable local, state, and federal regulations. (s 35-100(C)(1)(o))

24. Amendments to Conditional Use Permit. No additions, deletions, or changes

may be made to the project, site plan, or these conditions without the Village of Rochester’s prior approval. All addition, deletion, and/or change requests must be submitted to the Village of Rochester or the Racine County Development Services office in writing. (s.35-100(C)(1)(o))

25. Liability. Village of Rochester and Racine County does not warrant that the plans for this project are functionally and/or structurally adequate. Village of Rochester and Racine County does not certify that the design is adequate for this site and Village of Rochester and Racine County accepts no liability through this approval.

26. Reimburse Village Costs. Applicant shall reimbursement to the Village all costs incurred by the Village for review of this conditional use including but not limited to engineering, legal and planning review that occurred prior to permit issuance and during the implementation of the plans and construction of the improvements.

27. Agreement. Your acceptance of the conditional use approval/zoning permit and

beginning the project means that you have read, understand, and agree to follow all conditions of this approval. Therefore, William and Catherine Maas, (Owner), Preferred Marine Sales and Services, LLC. (Applicant), their heirs, successors, and assigns are responsible for full compliance with the above conditions.

28. Subsequent Owners. It is the property owner's responsibility to inform any

subsequent owner or operator of these conditions.


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-*9

APPLICATION FOR ZONING PERMIT PERMIT NO. DATE PERMIT ISSUEDVILLAGE OF ROCHESTER, \VISCONSIN ]—“p_l—,__a D15‘ E“: ‘O 3 0,5

I0\VNER: Jagdish Patel APPLICANT:

Mail.lngAddress3972 S. 96”‘ street

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Greenfield WI 53228

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l~m.;...elm) (w>(414)213-4642 -Ph?nc on an|Pnrc'c.'l'Id#|17603190i02Q012 SltnA'ridress 2819 BeckDrive

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Audmnnarznntng Permit Stlpnlnliont I J IListed on Back at‘ this Form? Yes No -) 1ii'Ye:. see back)

The applicanthereby ceni?es thatthe inforrnalionsubmittedon thisapplication(both sides) and attachedheretc, is into and correct to

the bestof the knowledgeandbeliefof the signer. andthatallconstruction/usewill be donein accordancewith applicablestipulations.

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Reflections ,th a Past...

Village of Rochester.700W Spring SW9! (262) 534-2431 PhoneP.O. Box 65 (262) 514-4084 FaxRochester.WI 53157 email: mchstggwlmcom

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June l0, 2015

Mr Jagdish Patel3972 South95"‘StreetGreen?eld, WI 53228

Dear Mr. Patel:

The RochesterVillage Board,at theirJune 8, 2015 meeting.approvedyour conditionalusepermitrequest to occupy an existingcommercialbuildingandoperate a grocery/liquorstore, at2819Beck Drive,locatedin Section1,Township3 North,Range 19East, Village of Rochester,RacineCounty, Wisconsin. The Boardgranted approval,as the proposeduse is compatible totheuse in the area and permittedby the underlying zoning.

Under this approval,you must complywith all of the conditionslisted in theattachedExhibit A.Failureto comply with the terms and conditionsof this approvalas listedin ExhibitA couldresultin the issuanceofcitation(s) and permitrevocation. PLEASE BE SURE TO READEXI-llBl'[‘ A.

If you have any furtherquestionsor comments, pleasecall me at (262) 902-2782 or e-mailme atjschattnerl?mailcom.

Sincerely,

gm:/W, P€$4¢z‘twl369.S-JonathanP. SchattnerRochesterZoningAdministrator

attachments

cc: E. Chart,Village PresidentJ. Biermann,RochesterFireDepartmentL. Greivell,Building Inspectorfile copy


1)

3)

4)

5)

6)

7)

Exhibit A

Occupancv Permit. The applicantmust obtainan occupancy permit card fromthe Office of theZoningAdministratora?er paying the permitfee of Sl25.00. This card must be displayed in aprominent locationat the project site, and copy of theseconditionsmust be keptat the projectsiteat all timesuntil the project is completed.

Compliance. Failure to comply with the tems and conditionsstated herein could result in theissuanceof citation(s) and/or revocationof this pennit.

Plans. Theproposeduse must be located,conducted,andutilizedi.ncompliancewiththeplansand documentsreceivedby theVillage of Rochester,February 3.2015and May l4.2015.

nrivewnv Access. There is one driveway access off of Beck Driveanda drivewaythataccessoff of Evergreen Drive, to serve thisproperty. In addition,the property owner has verbalagreement withtheproperty owner to thecast of his property (Maas & Sons) to utilize theexistingdriveway that outlets onto EvergreenDrive foroversizedvehicles to enter and existontoEvergreen Drive. Each driveway must maintaina minimumof 24’ wide for theuse that is to beproposedfor this property. A written copy of the agreement shallbe submittedto the Village forinclusionintoour file. If the applicantintends to blacktopthe right-of-wayof BeckDrive (StateTrunk Highway20) it is recommendthat you contact the Stateof WisconsinDepartmentofTransportation,in Waukeslta,Wisconsin. If you intend to black top withinthe right-of-wayofEvergreen Drive, pleasecontact Chris Birkett.PublicWorks Manger with the Village ofRochester.

Thedrivewaysaccessingoff of Evergreen Drive shallbe usedforoversizedvehicles for theloadingandunloadingof producton the east sideof the existing commercialbuilding.Saidoversizedvehiclesshall enter and exist to/?om the property in a fonvarddirection. Backing intothe subiectsite is prohibited.

Parkina,.Adequateparking must be providedon-site{or all uses in the building,in accordancewith Table 35-l6l(3) Numberof Stalls, foundin Chapter35 (Planning8: Zoning)of the Villageof RochesterMunicipalCode. You are regulred to have one (1) stall for everv 150 sguare feetof floor space used hv the general public within the proposed commercial-building ,excludlnv enclosed storage areas, walk-in coolers and the service countcr'arca. Thesubmittedinteriorfloorplan indicatesthat therewillbe 5857square feet of salesarea. Based onthis infonnationthis would mean that the applicantlownerwouldbe requiredto have 39 totalparkingstalls for the general public,handicapparkingand for two (2) employees. The currentplan illustratesthat the ownerlapplicantcomplieswith this requirement.

Po rking surfaces. Allopen, off-streetparkingsurfacesand loadingareasshallbe improvedwithpavement of eitherasphalt or concrete within twelve (12) monthsof occupancy. Each parkingstall must be a minimumof nine (9) feet wideand 180square feet in area,exclusiveof thespacerequiredfor ingressand egress. Aislesand spacesshallbe clearlymarked.The applicantshallprovideone handicapstall 14' wide by 20 feet long forautomobilesor 17’wideby 20 feetforvans. The minimumaccess aisles for such spaces shallbe 60 inchesfor an automobilespace and96 i.nchesfora van space. Parking signs shallbe installedto identifythe locationof thehandicapparkingstalls. lt‘thetotalof parking stalls exceedstwenty-?ve (25) parkingstalls theapplicant


is required to install two (2) handicapstallsof the subject property. Parkinu is prohibitedwithin the public right-ofwnv ol'Ever<I,rccn Drive.

8) Storm Water Drainage. Roof water and storm water drainage on the north and west side of theexistingbuilding shall be directed to the storm water catchbasinlocatedalong‘BeckDrive and tothe road ditch of Evergreen Drive. The parking lot area locatedon the east side of the buildingshallbe graded to directthestorm water drainageto thenortheastcomer of theproperty as shownon the submittedplan preparedby MeritAsphalt,received on May 15.2015. It is myrecommendationthat the applicantmeet with the ChrisBirkett.Village of RochesterPublicWorks Manager. to review this matter.

9) Landscape Plan. The proposedlandscapingplan shallhe installed in accordancewith thesubmittedplan,dated May 14,2015 and shallbe installedby November 1, 2015. All trees,shrubs,andflowersplantedin the landscapebuffersmust bekept in a healthy, growingcondition.In the event that these plantingsbecome diseasedor die, it is theresponsibilityoftheapplicanttoreplacesaidtree, shrub or plantingswith the same species.(See attachedMinimumLandscapingrequirementsand MinimumSize StandardsforRequiredPlant Material)

to) Lighting. The applicanthas submitteda lightingplanillustratingtwo lightpolesbeing installedon the west side of the commercialbuilding and one pole with two lights locatedon the east sideof the commercialbuilding. The lighting shallconsistof cut off lightingbeing directedon theeast and west parking lots. l would also recommend that there be lightingon thenorth sideof thebuilding to illuminatetheparkinglot anddriveway. The lightingplanshallnotdirectlightingonto the abuttingproperty owners or into the publicright-of-way. I also recommendthat theapplicantreserve the right to havetheVillage of Rochesterrevisit the site to reviewthe lightingplanand determine if there is any adverse affecton the in the neighborhood.

1I) Enclosed Dumpster Area. ‘l'heencloseddumpsterarea shallbe sizedand locatedas shown onthe submittedplandated May 14, 2015.

12) Hours of Operation. The hours of operationshallbe restricted to the following:

a) Monday throughSaturday 6:00 a.m. - 9:00p.m.b) Sunday 6:00 a.m. - 6:00 pm.

13) Advertising Signs. A separate zoningpennit is requiredfor any advertisingsignsplacedon thePY°P=?Y-

l4) Bnildina Permit. The applicantis requiredto obtainbuildingpermitapprovalfromthe VillageBuilding lrrspectorpriorto startingconstructionwithin the existingcommercialbuilding. LeeGrcivellis theBuilding inspectorwiththeVillage of Rochesterandhecan be contactedbytelephoneat (262) 424-6957.

15) Fire Codes. The existingcommercialbuildingshallcomplywith the Village of RochesterFireCodes. (See attachedcopy ofe-mail receivedby theVillage of RochesterFire DepartmentdatedFebnrary 27, 2015.)

16) Propertv Maintenance Reguired. A completeand thorough maintenanceprogrammust beestablishedto insureattractiveness. The continuedpositiveappearanceof thebuildings andtheproperty is dependentupon proper maintenanceattitudesandprocedures.Maintenanceprogxarns


24)

must be establishedthat includewatering maintaining and pruning all landscapeplantsandshrubs;cleaningup litter:sweeping.cleaning,and repairingpavedsurfaces;and replacingburnedoutside lights.

No Accumulation of Refuse or Debris. Any fence,wall hedge, yard, open spaceor landscapingarea must be kept free of any accumulationof refuseor debris. Plantmaterialmust be keptin ahealthy growing conditionand structure must be maintainedin sound manner.

Access. The applicantmust allow any Village Employeefulland unlimitedaccessto theprojectsite at a reasonabletime to investigate the project's construction,operation,or maintenance.

Compliance with Law. The applicantis responsiblefor obtaining all necessary federal,state andlocal permits,approvals,and licensesand to complywith all local, state, and tjederalregulations.

Reimburse Villaae Cost. Applicantshall reimbursethe Village of all costs incurredby thevillage for review of thisconditionaluse.includingbut not limited to engineering.legal, and planreview that occurredpriorto pennit issuanceand duringthe implementationof the plansandcommotion of improvements.

Expiration. This approvalshall expiretwo (2) years from the date of the Village's final approvalunlesssubstantialworkhascommencedfollowingsuchgrant. it‘this officedetemtinesthatnosubstantialworkhascommenced,the projectmay not occurunless the Village ofRochestergrants a written extension. Writtenextensionsrequest must be submittedto theRochesterZoningDepartmentthirty (30) days before perrnitlapprovalexpiration.

Amendments to Conditional Use Approval. No addition,deletions,or changes may be made tothe project. site plan,or theseconditionswithoutthe Village of Rochesterappioval.All addition,deletion,andlor change requests must be submittedto the RochesterZoning Administratorinwriting.

Aureemcnt. Your acceptingthis conditionaluse approvaUzoningpermitand‘beginningtheprojectmeans thatyou haveread,understand,and agree to followall conditionsof approval.Therefore,JagdishPatel and his heirs,successors,andassignsare responsible'forfullcompliancewiththeaboveconditions.

Subscguent Owner or Operator. It is the property owner's responsibilityto informanysubsequentowner or operator of these conditions.


Cover Latter and Plan of Operation

021032015

Village of RochesterBoardand Planning commission

Re: Jagdlsh FatalStore Owner.2819 BeckDriveRochester.WI53185Back DriveGrocery I Llqucr Storo

Please accept my applicationfor the opening of a newconvenientgrocery. liquorstore at the aboveproperty.

t have workedin Grocery retailbusiness for10 years. most recently as a store managerlowner. Vlnthmystrong

background Inretailmanagement. coupled with my loveolretail, IbelieveIhave exactlywhat Ittakes to manageaGrocery Store.

Duringmy timeas Owner at Big Bend Food and Beverage Store(Hwy16-1 and MilwaukeeAve). l havesuccessfully Implementednew Initiativeswithstockand store layoutthat have enhanced the customer experience. Ihave workedon a numberofhugely successful marketing and sales initiativesthat have boostedsales as much50

percent Ina quarter.

I have the abilityto workhard and get the business on trackand a successfulstore.The daywhenIbought the BigBend store, itwas closedand in fact.Itwas hard for the BigBendVillageto coup withan empty and close store.Withthe help ofWlage BoardI have re-opened the store again and am nowpaying a good amount of_sales and Villagetaxes and have createdan additional2 fulltimelobs.

1am see the belowbene?ts to the wllage immediately.

1) Convenient Optionfor the people ofRochesterCreationof2 additionalfulltimclobInthe wllage

2) Help to pay the state and Wlage taxes3) increase the value ofthe surrounding Villageproperties

Here is the Plan ofoperatlon forHours open.

Monday:6 AMto 9 PMTuesday: 6 AMto 9 PMWednesday: 6 AMto 9 PMThursday: 6 AMto 9 PMFriday:5 AMto 9 PMSaturday: 6 AMto 9 PMSunday: 6 AM to 6 PM

Sincerely yours.

Jagdish PatelOwner


_

Mondav,June 1, 2015 at5:49:48 PMCr.-ntralDayl|ght‘l1meI

Subject: drainage plan review

Date: Monday,June 1, 2015 at 2:35:49 PMCentralDaylightTime

From: Christopher BirkettTo: ‘JonathanSchattner'

John

i havereviewedthe plan presented to me. The additional asphaltwiththe rip rap seems logical, the waterwillstillbe going to the same destinationas it was beforeany of the lotwas paved.The gravel driveway as itis,was allowing for a quickflowof water to the drainage easement. Thatwater was also eroding the gravelparking area some of whichwound up in the flow lineof the drainage easement. With the additional asphaltand the rip rap to slow the water down, it shouldkeepsome of gravel out of the flowof [theeasement. Thisshould extend the times between maintenance and cleaning of the easement. I feel that the planwillworkifimplementedas the drawing indicates. I

ChrisBlrkettDPWManager

Villageof Rochester300 W. Spring St.PO Box65RochesterWi53167262-534-2431/5742off262-332-1017cellcbirl<[email protected]

Page 1 of 1Page 49 of 58 of 127

From: Rochester Vol.Fire co. l\4cv‘.7§ids.nel

Suolecr:FreddyBears and ?reworks standDare: Febnrary 27, 2015 at 11.00AM

To: Jen Sdranner imattneruégmail comcc: wally Hennlng whenIt|rlg'1'ld5.!Ie'i.Cathy Wagner r.wagst’3wl1: com .

Good MomingJon. -

I have reviewed the twoproposals that you provided to me yesterday and have comeup with the lollowingconcerns:

American?reworks tent at BurgerKingzlhave noIssues withthis as longas all rules lrornprevlousyears are continuedto be iollowed.Theymust have anEra Inspectionpriorto opening ler business.

Freddy BearProperty:Due to achange ol occupancyas stated in the Villageoi Rochester ordinancee KnoxBoxlmustbe purchased andInstalledbythe buildingowner.The buildingownercancontau memenhe wouldl?re to order the box.The address slgnihat was requiredbythe then Townol Rochester ls placed inthe windowoi the building. lwould like thissign to be relocatedto the curbside on BeckDr.per itsoriginalintended placement. The buildings electrlmi services panel Is located in the middleof the store. The previous ownerwas grantedanexception eslar as clearance requirementsaroundthispaneL Due to the change inoccupancy,there must newbeat least 36 inches oiclearance on all sides oi thispanel at alltimes.Allexitsmust newhave LIGHTEDexitsigns markingthe exits and no exit doorsmaybe lockedor ebstruded duringbusiness hours.Alllire extinguishersmust be mountedto the wallinaccordancewiththe iire:eodeand shall have e ‘?reExtinguisher‘sign placed above Itforeasyaccess.Smokedetectors shallalso he placed in the buildingand itanalarmsystem lsgolng to beinstalled the smoke detectors shall be wiredIntothe alarm syaern. N0 extension cords or temporary wiringmay he used. Allelectricalmustbe wiredinconduit per the elearlcalcode. Iiyouhave anyquestions please Ieel lreeto contact me.

As per ourconversationyesterday. I have heard that ellectlve April1.2015 The GatheringPlace locatedon Mainst.next to Chances willbeclosing and the space willbe rented out to a catering business. Thiswoulddassify as a change oi occupancyand therelore per the Wilegeordinancee Knox Boxmust be placed on the builmng. I wouldbe ok withone bexto serve both businesses. Ityou'have anyquestionspleaseleel lree to contact me.

Jack A.ElermannJr.Assistant ?re chieiRochester Volunteer Fireco.P.O. Box33Rochester.Vvl5:167252534-3444 Station262-5344652 [email protected]


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June3" 2015

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Subject: Additionalpaving at the 281.9beckDr, Waterford and Mass and Sons property owneragreement

WILLIAMMAASN5271TOWERi>iiU.i1D ’

Spooner, Wi54801

DearWliiiamMaas .We are mutuallyagreed uponbelowcondition to pave additional2821 Sq. feetarea on Maasand Sons

property.

1) TheEstimatedcost wiilbe Paidbyiagdish Patelthe ownerof the RochesterFoodanidBeverage

2) TheAreawillbe paved By Merritt asphalts.3) Currently there are lots of Dirt,Derbiesand un-usedequipment at the site andneedsto be

removedby the Tenant of the Mass and Sons Property. They are responsible to removeit theirown.

4) Here isthe Map ofAdditionalAreawe aregoing to pave.

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Tenants of MassandSons property andRochesterFoodand Beverage) :6) Rochesterfoodand beverage canuse thisdriveway accessfor the deliveryvehicleto enter in

andexit out.I

undersigned ByI

: JagdishPatel WilliamCii./iaas

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March 23, 2021 (Delivered Via Email) [email protected] [email protected] Joseph Schwartz, Applicant William Maas, Owner 704B Mink Ranch Road N5271 Tower Hill Road Burlington, WI 53105 Spooner, WI 54801 Re: Conditional Use application to occupy an existing commercial building and site with sales, service, and repair of boats, snowmobiles, and ATVs and to include the installation of a six (6) foot tall woven wire security fence at 2807 Beck Drive. Greetings Mr. Schwartz and Mr. Maas: State law mandates that conditional use hearings be conducted in a quasi-judicial manner. The Plan Commission must make its decisions based on information that is presented during the hearing and that information must demonstrate compliance with applicable Village of Rochester code requirements. I attached the checklist the Plan Commission uses to determine compliance. Village of Rochester code sections 35-22 Principles and Standards for the Aesthetic Evaluation of Site and Building projects; 35-100 Conditional Uses (partial); and 35-161 Parking Requirements are also provided for your use and review. The application materials which were submitted for this hearing do not include the necessary information to demonstrate compliance with these code sections. The Plan Commission will not be able to approve the application until all code requirements are satisfactorily addressed. As such, the hearing Wednesday (tomorrow) night will be limited to initial testimony for the purpose of introducing the application; taking comments from interested parties, and then identifying the application requirements and design standards that will have to be met in order to demonstrate compliance. I have enclosed a preliminary review of these code sections that identify some of the items that need to be addressed. This is not an all-inclusive list as Plan Commission members may identify other requirements as they conduct their own review of this application. The Village of Rochester has high aesthetic standards for its commercial developments and much work is needed to bring this site into compliance. It is recommended that you engage the services of a commercial architect to assist you in developing building and site plans that will meet the requirements of the code.

Reflections of the Past…

Village of Rochester300 W. Spring St. (262) 534-2431 Phone P.O. Box 65 (262) 534-4084 Fax Rochester, WI 53167 email: [email protected] website: http://rochesterwi.us Visions of

the Future

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Joseph Schwartz/ William Maas March 23, 2021

Page 2 We apologize that you were not made aware of these requirements earlier in the process. A recent change in our zoning administration services made us question whether these aesthetic evaluation requirements applied to existing non-conforming buildings. However, the Village Attorney has since reviewed the code and verified their applicability to your site. As noted earlier, the hearing scheduled for March 24th will be limited to introducing the application; taking comments from interested parties, and then receiving Plan Commission input on application requirements and design standards that will have to be met in order to demonstrate compliance with Village of Rochester code requirements. Sincerely,

Betty J. Novy

Betty J. Novy, MMC CMTW WCPC Village Administrator/ Treasurer Attachments:

Conditional Use Review- Preferred Marine 3.24.2021 Staff Memorandum- Preferred Marine Aesthetic Code Requirements Section 35-22 Aesthetic Principles and Standards Section 35-100 Conditional Uses-partial Section 35-161 Parking Requirements

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Village of Rochester Conditional Use Criteria Review List 3/23/2021

Criteria

Section 35‐100A. Conditional Use Permits. The Village Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this Chapter and are not found to be hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. Conditional uses in the floodplain districts shall be required to meet the requirements in Chapter 37.Sections 35‐2 Purpose: The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the Village of Rochester.

Section 35‐3 Intent: It is the general intent of this Chapter 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 and air, including access to sunlight for solar collectors and to wind for wind energy systems; provide adequate sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; preserve and promote the beauty of the community; and implement those municipal, watershed, county and regional comprehensive plans or components of such plans adopted by the Village of Rochester.

Yes No Yes No Yes No

Sections35‐100.C. Review. 1. The Village Plan Commission shall review, and conditions may be required, based on the intentions stated in Ch. 35, s. 35‐3 “Intent,” Ch. 35 s. 35‐22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects;” and these additional criteria:


a. All provisions of the underlying zoning district, such as lot width and area, yards, building heights; Yes No Yes No Yes No

Applicant Provided Substantial Evidence

(Testimony & Application)

Opponents Provided Substantial Evidence

PC finds Standard is met

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CriteriaApplicant Provided Substantial Evidence




b. Site and neighboring land and water uses for conformance with Ch. 35, s. 35‐15 “Site Restrictions” and Ch. 35, s. 35‐22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects,” subsections B. and D. “Site Planning and Design Principles”; and “Site Planning and Design Standards”;


c. Drainage and groundcover requirements for conformance with Ch. 32 “Chapter 32 Post Construction Stormwater Management and Ponds”; and 35‐22 D. “Site Planning and Design Principles”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping”;


d. Existing and proposed structures and architectural plans for conformance with Ch. 35, s. 35‐190 “Architectural Control”, s. 35‐22 C. “Building, Design, Layout and Construction Principles”, and s. 35‐22 D. “Site Planning and Design Standards”;


e. Parking areas, driveway locations, highway access, traffic generation and circulation for conformance with Ch. 35, s. 35‐160 “Traffic, Parking & Access”; s. 35‐161 “Parking Requirements”; s. 35‐162 “Driveways”; and s. 35‐22 D.4. “Parking area requirements”;


f. Solid and liquid waste disposal plans for conformance with Ch. 10 “Public and Private Sewer Systems”; Yes No Yes No Yes No

g. Private water supply systems for conformance with Ch. 35‐15 “Site Restrictions” subsection F. regulating private well construction; Yes No Yes No Yes No

h. Waste storage area plans for conformance with Ch. 35, s. 35‐22 D. 9. “Location and Design of Loading Facilities and Waste Storage”; Yes No Yes No Yes No

i. The effect of the proposed use, structure, operation, and improvement upon flood damage protection, water quality, shoreland cover, natural beauty, and wildlife habitat for conformance with Ch. 36 “Shoreland‐Wetland and Shoreland Zoning Districts” and Ch. 37, “Floodplain Zoning”;


j. Lighting plans for conformance with Ch. 35, s. 35‐22 D.7. “Outdoor Lighting”; Yes No Yes No Yes No k Pedestrian sidewalks and walkway plans for conformance with Ch. 35, s. 35‐22 D.6. “Pedestrian Flows”; Yes No Yes No Yes No

l. Landscaping plans for conformance with and Ch. 35, s. 35‐22 D.3. “Site Landscaping”; Yes No Yes No Yes No m. Signage plans for conformance with Ch. 35, ss. 35‐175 through 35‐178 regulating the types, size and placement of signs within the Village; Yes No Yes No Yes No

n .Operations plan data for conformance with Ch. 335, s. 35‐250 “Performance Standards”; and Yes No Yes No Yes No

o. All other applicable village, county, state regulations specific to the proposed use. Yes No Yes No Yes No

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Staff Memorandum

TO: Joseph Schwartz/ Applicant and William Maas/ Owner From: Betty J. Novy, Village Administrator Re: Application for Conditional Use to occupy an existing commercial

building and site with sales, service, and repair of boats, snowmobiles, and ATVs and to include the installation of a six (6) foot tall woven wire security fence at 2807 Beck Drive..

Date: March 23, 2021 ________________________________________________________________________ In preparation for the Village of Rochester Plan Commission hearing on March 24th, I have performed preliminary review of the code requirements outlined in sections 35-22 Principles and Standards for the Aesthetic Evaluation of Site and Building projects; 35-100 Conditional Uses (partial); and 35-161 Parking Requirements. I have noted the following items as being either missing and/or incomplete in the above referenced application: 35-100B. Conditional Use Applications:

1. A site plan of the property accurately dimensioned showing the location of all existing and proposed structures and use area showing conformance with 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layout and Construction Principles”; and 35-22 D. “Site Planning and Design Standards.”

9. The type, size, location, height, and dimensions of all structures including fences and walls showing conformance with all provisions of the underlying zoning district, such as lot width and area, setbacks, yards, building heights, etc.; Ch. 35, s. 35-190 “Architectural Control”; 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layout and Construction Principles”; and 35-22 D. “Site Planning and Design Standards”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping.” 10. Primary building materials used in construction of all structures showing conformance with Ch. 35, s. 35-190 “Architectural Control” and s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects,” subsection C. “Building, Design, Layout and Construction Principles.” 11. Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of proposed structures.

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12. Location and number of parking stalls and loading and storage areas showing conformance with Ch. 35, s. 35-160 “Traffic, Parking & Access”; s. 35-161 “Parking Requirements”; s. 35-162 “Driveways”; and s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects”, subsection D. “Site Planning and Design Standards”, subsection 4. “Parking area requirements.” 14. Location of proposed solid waste (refuse) and recycling storage areas showing conformance with Ch. 35, s. 35-22 D. “Site Planning and Design Standards”, subsection 9. “Location and Design of Loading Facilities and Waste Storage.” 15. Location of pedestrian sidewalks and walkways showing conformance with Ch. 35, s. 35-22 D. “Site Planning and Design Standards”, subsection 6. “Pedestrian Flows.” 17. Location, type, height and intensity of proposed lighting showing conformance with Ch. 35, s. 35-22 D. “Site Planning and Design Standards”, subsection 7. “Outdoor Lighting.” 18. Location of existing trees and extent, and type of proposed plantings including type and extent of erosion control showing conformance with Ch. 32 “Chapter 32 Post Construction Stormwater Management and Ponds”; and 35-22 D. “Site Planning and Design Principles”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping.” 21. Operations plan data to be submitted with all plan review applications shall include at least the following: a. Specific use of site and building(s). d. Estimate of daily truck and auto trips to the site. g. Method of exterior maintenance (site and buildings). j. Any other information which will assist the Plan Commission in making a determination and recommendation of the proposal.

Aesthetic building requirements: 35-22 D.1.a.(2) specifies that “Developments with a facade over 100 feet in linear length shall incorporate wall projections or recesses with a minimum of 3-foot depth and a minimum of 20 contiguous feet within each 100 feet of facade length and shall extend over 20 percent of the facade. Developments shall use animating features such as arcades, display windows, entry areas, or awnings along at least 60 percent of the façade”. The southwest façade (abutting Burger King) is approximately 120 feet in length. A wall projection of 20 contiguous feet is required to meet the standard. 35-22 D.1.b.(1) and (2): Detail Features.

(1) Intent: Buildings shall have architectural features and patterns that provide visual interests, at the scale of the pedestrian, reduce massive aesthetic effect,

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and recognize local character. The elements in the follow standard shall be integral parts of the building fabric, and not superficially applied trim or graphics, or paint.

(2) Standard: Building facades shall include a repeating pattern that shall include no less than three of the elements listed below:

(a) Color change (b) Texture change (c) Material module change – (Module defined as independent units used to construct a structure.) (d) Expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib.

Improvements to the façade will be needed to meet the standard. 35-22 D.1.c.(2): (Roofs.) Standard: Rooflines shall be varied with a change in height every 100 linear feet in the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan. The southwest façade (abutting Burger King) is approximately 120 feet in length. A variation of the roofline is needed to meet the standard. See code section 35-22 D.1.d for more guidance on building materials and colors. Site requirements. 35-22 D.2. Open Space Requirements. 20 percent of land is to remain in open space. 35-22 D.3. Site Landscaping. a. Landscaping Required. Landscaping is required in bufferyards (N/A), in off-street parking areas, and in building foundation planting areas (foundation planting areas are those areas located within ten feet of principal and accessory structures). The area and/or length of each, as required herein, must be measured in order to determine the minimum amount of landscaping required. 35-22. 4. Parking area requirements. The number of spaces required for use, relation to building and road, and landscaping can be found in Sections 35-160 through 162. 35-161 Parking Requirements, subsection E. Minimum Required Parking Lot Setbacks, Landscaping, and Plans. 1. Minimum Required Setback for Off-Street Parking Areas Abutting a Public Street Right-of-Way Line. No off-street parking area shall be closer than eight feet from a public street right-of-way line. The area between the parking lot and the adjacent street right-of-way shall consist of landscaping meeting the requirements of this

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Chapter. 2. Minimum Required Setbacks for Off-Street Parking Areas. Except in cases where greater restrictions apply, as set forth in paragraph 3 below, no off-street parking area or associated driveway serving more than five vehicles shall be closer than eight feet to a side or rear lot line of an abutting lot or parcel. The area between the parking lot and the lot or parcel line shall consist of landscaping meeting the requirements of this Chapter. 5. Minimum Required Landscaped Area and Landscaping Within Off-Street Parking Lots. a. All public off-street parking areas that serve ten vehicles or more and are created, redesigned, and/or rebuilt subsequent to the adoption of this Chapter, shall be provided with evenly dispersed landscape areas within the interior of such off-street parking areas. b. The landscaped area shall total not less than five percent of the surfaced area (inclusive of both parking stalls and associated drives). Perimeter landscaped areas adjacent to the off-street parking lot shall not be included in the aforementioned required five percent. The minimum size of each such required landscape area in the off-street parking lot shall not be less than 100 square feet in area and not less than nine feet in width or length. Canopy trees shall be provided at the rate of one tree for each 15 off-street parking spaces (or fraction thereof) within the interior of the off-street parking area. The preservation of existing canopy trees in the parking area may be included in the calculation of the required minimum landscape area. 6. Minimum Landscaping Requirements To Be Met. All landscape plant materials required by this Chapter shall meet the following minimum requirements. a. General Plant Material Standards. All new landscape plant material shall be grown in a nursery located in plant hardiness zone 4 and shall conform to the applicable requirements as specified in the current edition of American Standard for Nursery Stock as approved by the American National Standards Institute, Inc. and sponsored by the American Nursery and Landscape Association. Botanical plant names shall be in accordance with the current edition of New Pronouncing Dictionary of Plant Names prepared by the American Joint Committee on Horticultural Nomenclature. b. Plant Material Minimum Size Standards. All required new landscape plant material shall be, at the time of installation, those minimum sizes as set forth in Table 35- 161.1. c. Off-Street Parking Area Surfacing. All open, off-street parking and loading spaces in all zoning districts except residential districts shall be improved with pavement of either asphalt or concrete. Storm water drainage facilities shall be as required and approved by the Village Engineer.

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d. Concrete Curb and Gutter Required for All Off-Street Parking Areas and Associated Drives. Concrete curb and gutter shall be required for all off-street parking areas serving five or more vehicles in the following zoning districts: R-4, R-8, B-1, B-2, B-3, B-4, B- 5, M-1, M-2, M-3, and P-1. The expansion of any existing off-street parking lot must meet this requirement. e. Permanent Marking of Off-Street Parking Stalls. All off-street parking areas serving five or more vehicles shall have all parking stalls permanently marked by painted lines or other approved material and said marking shall be maintained so as to be legible at all times. f. Parking Spaces for Use by Persons with Disabilities. All open, off-street parking areas shall provide parking spaces for persons with disabilities meeting all applicable "Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities" as documented in the Federal Register. Vol. 56, No. 144, July 26, 1991 as amended. Unless conflicting with the above specified "Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities" requirements as amended, the following standards are applicable: 35-22.6. Pedestrian Flows a. Intent. Pedestrian accessibility opens auto-oriented developments to the neighborhood, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds.

b. Standards.

(1) How people get from one building to another on foot. Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. (2) How people from neighboring areas get to store on foot. Continuous internal pedestrian walkways shall be provided from the public sidewalk or right-of-way to the pedestrian entrances of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points pursuant to Chapter 6, subject to review by the Plan Commission. Walkway from sidewalk to front entrance? 35-22. 7. Outdoor Lighting. a. Intent. All exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so that only the area intended is safely illuminated and off-site glare is fully controlled. Non-residential sites shall have a Lighting Plan designed by an Engineer and approved by the Plan Commission. b. Standards.

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(1) Lighting of the site shall be of a type, design, color and height to blend with the site and landscaping. (2) Lighting of the site shall be of a design and height and shall be located so as to illuminate only the site and not be a beacon of distraction or potential hazard to traffic or to people working or living in the vicinity of the site. 35-22. 9. Location and Design of Loading Facilities and Waste Storage. a. Intent. Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. b. Standards. (1) Visibility. Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from roadways and neighboring properties. (2) Location. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrian way. (3) Visual and acoustic impact. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. (4) Non-enclosed and seasonal. Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and designs of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the buildings.

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35-22 PRINCIPLES AND STANDARDS FOR THE AESTHETIC EVALUATION OF SITE AND BUILDING PROJECTS.

A. Introduction and Intent.

1. The process of private building and development in a community may be simple or complex depending upon the sizeof the project, the number of participants, the ease of communication among the various private and public parties involved,and the content and clarity of the public rules and regulations. While the community representatives cannot usually directlyaffect either the project size or the number of project participants; they can have a direct effect on the content and clarity ofrules and regulations as well as the communication, and indeed, interpretation of any such rules and regulations.

2. Like inhabitants of most developing communities, Rochester officials and citizens have legitimate concerns aboutboth the future character of the community and the integrity of existing (and even historic) development. One such concernis in regard to land uses or the mix of land uses, both existing and planned. Another concern is the financial capability ofdevelopment (developers) to provide the required and promised improvements and the financial capability of the communityto provide the necessary and requested services. A third major concern, importantly, is in regard to the visual impact orimage of the community by people living within or only traveling through the Village. The intent and purpose of thissubsection is to provide principles and standards for use by both the potential developer and Village officials in thepreparation and standards for use byboth the potential developer and Village officials in the preparation and review of siteand building plans proposed within the Village with emphasis on, and the primary objective of, heightening the visualcharacter of the sites and buildings proposed and, thereby, the entire community. It is understood that such visualenhancement is also expected to be maintained over time, per s. 35-22 D.3.e.(6) of this Code, and not be only an initialaccomplishment to be forgotten.

3. The proponents of any new single or multiple use development (other than single and two-family single lotdevelopment) proposed to be undertaken within the Village of Rochester, must, pursuant to Section 35-230, present a siteand building plan to the Plan Commission for review and approval. Such approval must be tendered prior to receipt by thebuilder/developer of a zoning permit or other permit to commence building or site development activity. The intent of thiszoning section is twofold: to provide a systematic, equal basis for review and discussion of projects; and to provide generalguidelines to be used in the review of a development or building project. In this regard the "principles", as stated in Section35-230, are not true principles, but rather, general standards.

Any amendment to an approved site and building plan or change to an existing building or development (other thansingle or two-family building or lot development) must be submitted to the Zoning Administrator for review and approval.Minor amendments that are in conformance with this Chapter may be approved by the Zoning Administrator or, at theZoning Administrator’s discretion, referred to the Plan Commission. All others will be submitted to the Plan Commission forreview and approval.

4. In order to identify specific standards for the visible elements of site, and building design which embody the generaldesires of the community, a set of agreed upon principles have been established which form the foundation for thestandards which will follow.

B. Site Planning and Design Principles. It must be noted that a principle is a truth or tenet-- a statement of fact as itrelates to a particular topic--in this case, site planning and design. Following is a list of principles which should be utilized byeveryone concerned in any Site Planning and Design Projects in the Village of Rochester:

1. The development or building site must be viewed as only one element of the total developed and undevelopedenvironment in the vicinity of the site. Therefore, attention must be given to how the site and the development on the site willultimately fit into the total environment.

2. Site planning and design is the process by which site features and uses on the site are made to be compatible,functional and visually pleasing.

3. All elements and aspects of the site, both natural and man-made, are important to the aesthetic character of the site.

4. Adjacent or contiguous uses or facilities may have a major effect on the site or site uses.

5. Major changes in land forms on the site, which thereby change the character and/or physical capabilities of the siteare not, generally, conducive to good site development unless such changes are well planned and are necessary, as anexample; a quarry, to final development.

6. The specific location of site access is critical to both the future use of the site and the safety and convenience ofpersons traveling on adjacent public ways.

7. Site grading, landscaping, paving, fencing, lighting, signage, and other site enhancement are an integral part of anybuilding and development project.

C. Building, Design, Layout and Construction Principles. The following is a list of principles which should be utilized byeveryone concerned in any Building, Design, Layout and Construction project in the Village of Rochester.

1. No side or facade of a building or structure is exempt from public view and, consequently, all sides or facades shouldbe visually pleasing and architecturally and aesthetically compatible.

2. The shape, size, dimension, architectural style, facade material, texture and color, building landscaping, buildingsignage, and the setting of the building within its immediate environment are all elements of the building structure design

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addressed by the designer, both individually and in concert.

3. Each color, texture or material of which the exterior of a building is composed may, individually, present a visualstatement to the viewer and, therefore, in order not to present a conflicting or complex visual statement, the arrangementand mix of colors, textures and materials should be carefully considered and the number of such elements minimized.

4. Some building materials present a visual statement of strength and permanence to the immediate environment andto the community and should be encouraged, while other materials which make a building or structure appear temporaryshould be avoided.

5. Individual buildings may be attractive but when duplicated or triplicated on the same or adjacent parcels or on thesame horizontal plane may detract from the visual character of the overall development.

6. Some use elements of a building structure, such as outside mechanical equipment, loading docks and areas, trashstorage areas, and raw material storage areas are not, usually, attractive and often detract from the visual appearance of thebuilding unless careful attention is given to placement, construction, structural and/or landscape screening of such areas.

7. Building landscaping, that is landscaping which is or appears to be an integral part of the building facade design,must be carefully planned and the appropriate plant materials used so as not to detract from the architecture of the building.

8. Building signage, that is signage which is or appears to be an integral part of the building facade design, must becarefully planned and the appropriate sign materials, sign lighting and color used so as not to detract from the architecture ofthe building or be disruptive.

D. Site Planning and Design Standards.

A standard (or criteria) is either a quantitative or qualitative model or value level by or against which all related actions oractivities are measured. In this regard a standard is sometimes referred to as a "yardstick". Moreover, quantitative standardsare those which, when applied, will reveal a quantitative difference or similarity between the standard and the action oractivity being measured by the standard. For example; the action related to a site planning standard that states that, "Noman-made slope or disturbed natural slope shall be greater than 3:1, when 3 is the horizontal measurement", can bemeasured quantitatively to determine if, indeed, the standard has been met.

A qualitative standard, on the other hand, is a standard which, when applied, involves a judgment, usually subjective,that the action or activity has met or can meet the stated standard. For example; a site planning standard that states that "Allparking areas shall be screened in a visually pleasing manner to soften the visual presentation of parked cars and asphalt"requires that the person(s) making the determination as to whether or not the standard is met actually looks at the screeningstructure, device or plant materials and makes a qualitative judgment. If it can be concluded that the materials, device orstructure as designed or constructed are individually or collectively visually pleasing, there should be no problem makingsuch a judgment. If, however, the materials are different in character the judgment is usually more difficult. Even thearrangement of individually pleasing materials may not be pleasing. Whenever possible we try to avoid purely qualitativestandards.

Following are both quantitative and qualitative standards related to site development which will be used by the ZoningAdministrator and/or Plan Commission, as applicable, in the review of every site plan or development. Historic PreservationCommittee approval is also required if the site is located in the HPO District.

1. Size, Visual and Aesthetic Characteristics.

a. Size, Facades and Exterior Walls including Sides and Backs

(1) Intent: Size should be limited to what is appropriate for rural development. Facades should be articulated toreduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest thatwill be consistent with the community's identity, character, and scale. The intent is to encourage a more human scale thatresidents of Rochester will be able to identify with their community. The resulting scale will ensure a greater likelihood ofreuse of structure by subsequent tenants.

(2) Standard: Building size shall not exceed 15,000 square feet. Anything larger shall require "conditional use"approval. Developments with a facade over 100 feet in linear length shall incorporate wall projections or recesses with aminimum of 3 foot depth and a minimum of 20 contiguous feet within each 100 feet of facade length and shall extend over 20percent of the facade. Developments shall use animating features such as arcades, display windows, entry areas, orawnings along at least 60 percent of the facade.

b. Detail Features.

(1) Intent: Buildings shall have architectural features and patterns that provide visual interests, at the scale of thepedestrian, reduce massive aesthetic effect, and recognize local character. The elements in the follow standard shall beintegral parts of the building fabric, and not superficially applied trim or graphics, or paint.

(2) Standard: Building facades shall include a repeating pattern that shall include no less than three of the elementslisted below:

(a) Color change

(b) Texture change

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(c) Material module change

(d) Expression of architectural or structural bay through a change in plane no less than 12 inches in width, suchas an offset, reveal, or projecting rib.

c. Roofs.

(1) Intent: Variations in rooflines should be used to add interest to, and reduce the massive scale of a largebuilding. Roof features shall complement the character of adjoining neighborhoods.

(2) Standard: Rooflines shall be varied with a change in height every 100 linear feet in the building length. Parapets,mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view.Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan.

d. Materials and color.

(1) Intent: Exterior building materials and colors comprise a significant part of the visual impact of a building.Therefore, they shall be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods.

(2) Standard: Predominant exterior building materials shall be of high quality. These include, without limitation:

(a) Brick

(b) Wood

(c) Sandstone

(d) Tinted, textured, concrete masonry units.

(3) Facade colors shall be low reflective, subtle, neutral, or earth tone colors. The use of high intensity colors,metallic colors, black or fluorescent colors is prohibited.

(4) Building trim and accent areas may feature bright colors, including primary colors, but neon tubing shall not bean acceptable feature for building trim or accents.

(5) Predominant exterior building materials as well as accents shall not include the following:

(a) Smooth-faced concrete block

(b) Tilt-up concrete panels

(c) Pre-fabricated steel panels

2. Open Space Requirements. 20 percent of land is to remain in open space.

a. Intent: Significant existing vegetation within all setbacks shall be preserved (i.e., wetlands, prairie, vegetation,woodlands). Significant existing vegetation within the building area of any commercial lot shall be preserved throughinnovative site design.

b. Standard: Preservation of significant existing vegetation through careful site design is desired. The preservedareas are considered part of the 20% open space.

3. Site Landscaping.

a. Landscaping Required. Landscaping is required in bufferyards, in off-street parking areas, and in buildingfoundation planting areas (foundation planting areas are those areas located within ten feet of principal and accessorystructures). The area and/or length of each, as required herein, must be measured in order to determine the minimumamount of landscaping required.

b. Exemptions and Modifications. All developments shall meet the provisions of this Section except as specificallyexempted below:

(1) Residential development on existing lots of record as of the date of the adoption of this Chapter.

(2) Additions to existing buildings where the total floor area is not increased more than ten percent of the existingtotal floor area.

(3) Additions to buildings which increase their overall building area from ten to 50 percent shall conform to thelandscaping standards specified in this Section to the maximum extent achievable. All off-street parking areas andbufferyards shall conform to the applicable landscaping requirements of this Section. If insufficient dimensions exist on-site,in order to achieve a sufficient level of landscaping, the standards may be reduced by up to 30 percent by the PlanCommission.

(4) Floodplain, Floodway, Floodlands, and Wetland Areas. Areas located within floodplains, floodways, floodlands,and wetlands are exempt from the landscaping requirements set forth in this Section.

c. Bufferyards Required. Bufferyards are required to ameliorate nuisances between certain adjacent zoning districts.

(1) Definition. A bufferyard is a combination of a setback and a visual buffer or barrier, and is a yard or area of 127

together with the planting and/or landscape structure required thereon. The amount of land, the type of planting, and theamount of planting specified for each bufferyard requirement of this Chapter are designed to ameliorate nuisances betweencertain adjacent zoning districts.

(2) Bufferyards Required to Separate Different Zoning Districts. Bufferyards shall be required to separate differentzoning districts from each other. Bufferyards function to eliminate or minimize potential nuisances such as dirt, litter, noise,glare of tights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise,odor, or danger from fires or explosions.

(3) Standard Plant Units. All landscaping requirements of this Section are stated in terms of the number ofstandard plant units required. This Section defines the standard plant unit and its alternatives. All required landscaping shallconform to one or more of the plant unit alternatives of this Section. The following Table 35-22(1) specifies the plant unitalternatives. The five alternative plant mixes are interchangeable. Where a year-round screen is required, alternative Unit Ais preferred and may be required by the Plan Commission.

Table 35-22(1) “PLANT UNIT TYPE ALTERNATIVES”

ALTERNATIVEPLANT UNIT TYPE TYPES OF PLANTS REQUIRED MINIMUM SIZE OF PLANTS

MINIMUM QUANTITYOF PLANTSREQUIRED

TYPE ACanopy/Shade TreesSingle Stem:Multi-stem Clump:

3-inch caliper12 feet tall 1

Ornamental Trees 1.5 inch caliper 2Shrubs 2 feet tall 8

TYPE B*Canopy/Shade TreesSingle Stem:Multi-stem Clump:


Ornamental Trees 1.5 inch caliper 1Evergreen Trees 6 feet tall 1Shrubs 2 feet tall 6

TYPE C*Canopy/Shade TreesSingle Stem:Multi-stem Clump:


Evergreen Trees 6 feet tall 2Shrubs 2 feet tall 5

TYPE D* Evergreen Trees 6 feet tall 3Evergreen Shrubs 2 feet tall 14

TYPE ECanopy/Shade TreesSingle Stem:Multi-stem Clump:


Shrubs 2 feet tall 10

*Note: Not to be used in off-street parking areas.

d. Credit for Existing Plant Materials. Credit for existing plant material will be allowed to offset required plant unitlandscaping in the bufferyards and parking lots as follows:

(1) Bufferyards. Existing canopy trees six feet in height or more shall be counted on an individual basis towards theplanting requirements; all other components of a plant unit are required including all ornamental trees, evergreen trees, andshrubs.

(2) Parking Lots. Any existing canopy trees six feet in height or more, and located within parking lot areas, shall besubtracted from the required amount of parking lot landscaping on a tree-by-tree basis.

e. General Landscaping Requirements.

(1) Physical Containment of Landscaped Areas. All landscaped areas located within or adjacent to a parking area,or adjacent to a public street or sidewalk, shall be designed to contain landscape materials and to prevent vehicularencroachment (i.e., through the use of continuous concrete curbing, railroad ties, headers, or depressed construction).

(2) Artificial Landscape Materials. Artificial trees, shrubs, turf, or plants shall not be permitted as landscaping.

(3) Groundcover. The use of landscape fabrics under all areas landscaped with non-living materials, except thoseareas set aside for stormwater retention/detention, is recommended to prevent weed growth.

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(4) Location. New vegetation shall be selected, planted, and maintained so that at maturity it will not interfere withutility lines, snow storage areas, vehicular parking, pedestrian circulation, traffic sight visibility at driveways and streetintersections, and will not cause damage or upheaval of sidewalks and pavement

(5) Installation.

(a) Timing of Installation. Landscaping shall be installed in accordance with the approved landscape plan prior toissuance of an Occupancy Permit The Village of Rochester will have the right to refuse approval of any project not meetingthe provisions of this Section.

(b) Financial Surety Required. If approved landscaping cannot be installed prior to the issuance of an OccupancyPermit by the Building Inspector, an Occupancy Permit may be issued by the Building Inspector if the applicant provides aform of surety acceptable by the Village Attorney which meets the total estimated costs of the approved landscapingimprovements. The application shall be accompanied by a complete estimate of the total cost of the approved landscaping.All landscape materials shall be guaranteed by the applicant, or applicant’s contractor, for two years.

(c) Return of Financial Surety. When it is determined by the Zoning Administrator that the landscaping has beeninstalled in accordance with the approved plans, the Village of Rochester shall return the financial surety to the applicant

(6) Maintenance. Landscaping shall be maintained as follows:

(a) Maintenance of all landscaping shall be the responsibility of the property owner or homeowners' association(as applicable) and shall consist of regular watering, pruning, mowing, fertilizing, and the removal and replacement ofirrigation systems and architectural features.

(b) The owner or liable entity in control of any private premises shall at all times maintain the premises free oflitter and weeds.

(c) Landscape Phasing. Future building pads within a phased development shall be maintained in a dust-freecondition vegetated with ground cover.

(d) Plant Replacement. Any plant materials included in an approved landscaping plan that do not survive a plantestablishment period of two years after installation shall be replaced with plant material(s) of the same or like species ofequal size within the next planting season, but in any event, within six months of the plant's demise. Said replacement shallbe made by the property owner or, in the case of landscape plant materials located within a landscape easement under thecontrol of a homeowners' association, the homeowners' association shall be responsible for said replacement

f. General Bufferyard Requirements.

(1) Basis of Standards. Bufferyard standards are based on a required relative bufferyard intensity value. A varietyof combinations of bufferyard width, planting intensity, and structural options (i.e., fences and earthen berms) may beselected from Table 35-22(2) to reach the required bufferyard intensity value.

(2) Location of Bufferyards. Bufferyards shall be located along the outer perimeter of a lot or parcel, and shallextend to the lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public orprivate street or right-of-way.

(3) Bufferyard Plant Material Groupings. Required bufferyard plantings may be planted in natural-appearinggroupings along the total length of the bufferyard and need not be spaced uniformly along said total bufferyard length.

(4) Plant Materials.

(a) For each bufferyard listed, a specific combination of deciduous canopy, shade, and ornamental trees;evergreen trees; and shrubs is required as indicated in Table 35-22(2).

(b) All bufferyard areas shall be seeded with lawn or native groundcover unless such vegetation is already fullyestablished.

(c) The exact placement of required plants and structures shall be the decision of the property developer.

(d) Fences. Fences used to achieve the required bufferyard intensity factor shall be constructed of rock, masonryor wood. Chain link fences and chain link with slats shall be prohibited from being used to achieve required bufferyardintensity factors. All fences used shall also meet the requirements for the construction of fences in Section 35-180.

(e) Height of Required Vegetation. Height of vegetation selected for required bufferyards shall be measured fromthe highest finished adjacent grade of the element to be screened.

(5) Berming. Earthen berms shall be designed to transition to existing surrounding grades, not to exceed a sloperatio of two to one (2:1) and shall be covered with plant material, groundcover, or partially rip-rapped to prevent erosion. Berms with vegetative cover shall be designed to retain irrigation water rather than encourage run off. All earthen bermsshall be safely designed in order to accommodate mowing when needed.

(6) Calculation of Bufferyard Requirements.

(a) Bufferyard requirements are calculated using the standards listed in this Section for bufferyards.

(b) Bufferyard standards listed in this Section are to be calculated for every 100 linear feet of peripheral lot line of 127

boundary and/or street frontage present on a given lot.

(c) In instances where the zoning district boundary and/or street frontage is less than 100 feet, the requiredbufferyard planting shall be one plant unit (See Table 35-22(1)).

(7) Procedures for Determining Minimum Required Bufferyards. To determine the type of bufferyard required on aparcel, between two parcels or lots, or between a parcel or lot and a street, the following procedures shall be used:

(a) Identify whether any portion or property line of the parcel or lot coincides with a zoning district boundary. If itdoes, determine the abutting zoning districts on both sides of the property line.

(b) Refer to Table 35-22(2) to determine the required bufferyard intensity factor needed to be achieved betweenthe two zoning districts.

(c) Based upon the bufferyard intensity factor required, refer to the applicable Tables 35- 22(3) to 35-22(7) toselect the minimum number of plant materials (per 100 feet of bufferyard length), the bufferyard width, and required structuretype combination by selecting the desired alternative bufferyard type.

(d) Calculate the actual number of plants required by selecting the minimum number of plant materials (per 100feet of bufferyard length) from the alternatives indicated in the applicable Tables 35-22(3) to 35-22(7) and multiply by thehundreds of feet of bufferyard to be planted.

(8) Limitations on Bufferyard Use. A bufferyard may be used for passive recreation. It may contain pedestrian orbike trails provided that

(a) No plant material is eliminated;

(b) The total width of the bufferyard is maintained; and

(c) All other regulations of this Chapter are met. In no event, however, shall swimming pools, decks, drives,curbing, stormwater detention/retention ponds, tennis courts, sports fields, golf courses, parking lots, or other similar uses(as determined by the Plan Commission) be permitted in bufferyards.

g. Table of Required Bufferyards Between Zoning Districts. The minimum required bufferyard intensity factor forbufferyards between zoning districts set forth in Table 35-22(2) refers to the bufferyard width and plant unit standards setforth in Tables 35-22(3) through 35- 22(7) of this Section. Bufferyards are required between adjacent zoning districts.

Table 35-22(2) MINIMUM REQUIRED BUFFERYARD INTENSITY FACTOR LEVELS OF BUFFERYARDS BETWEENZONING DISTRICTS. See Instructions, Key and Notes, Below.

ABUTTING ZONING DISTRICT

A

P

PLI

C

A

B

L

E

Z

O

N

I

R-1R-2R-6

R-8R-9

R-3R-5

R-4R-7

B-1ThruB-6

M-1ThruM-4

A-1ThruA-4

& UR

C-1C-2

P-1P-2

F-1GFPFF

SWSD PUD HPO

R-1R-2R-6

0 1 1 0 0 0 0 0 0 (a) (a) (a) (a)

R-8R-9 1 0 1 1 0 0 0 0 0 (a) (a) (a) (a)

R-3R-5 2 2 0 2 2 0 0 0 0 (a) (a) (a) (a)

R-4R-7 3 3 1 0 1 0 0 0 0 (a) (a) (a) (a)

B-1ThruB-6

4 4 4 4 0 0 4 4 4 (a) (a) (a) (a)

M-1ThruM-4

5 5 5 5 5 0 5 5 5 (a) (a) (a) (a)

A-1ThruA-4& UR

0 0 0 0 0 0 0 0 0 (a) (a) (a) (a)

C-1C-2 0 0 0 0 0 0 0 0 0 (a) (a) (a) (a)

P-1P-2 3 3 3 3 3 3 3 3 0 (a) (a) (a) (a)

F-1GFPFF

(a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a)

SWSD (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a)

PUD (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a)

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N

G

D

I

S

T

R

I

C

T

HPO (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a)

INSTRUCTIONS, KEY AND NOTES

Read the table down to find the Applicable District, then across to find the Abutting District.

The Applicable District is the district that the land that is the subject of the permit application lies in. This is the landupon which the Bufferyard must be installed.

The Abutting District is the land that is adjacent to the land that is the subject of the permit, whether or not there isa pre-existent development on that land.

(a) As determined by the underlying zoning district(s).

0 = No bufferyard is required. All applicable zoning district setbacks are required.

1 = Bufferyard Intensity Factor 1 (See Table 35-22(3))





h. Minimum Required Bufferyard Width and Plant Material Standards. The following Tables 35-22(3) through 35-22(7)set forth the minimum bufferyard width and plant material standards required for achieving required bufferyard intensitylevels. Tables 35-22(3) through 35-22(7) are designed so as to allow for choice from a variety of alternative bufferyardwidths and general landscape plant material types in order to meet the required bufferyard intensity levels requiredelsewhere in this Section.

Table 35-22(3) BUFFERYARD INTENSITY FACTOR 1:

ALTERNATIVE PLANT MATERIAL STANDARDS

BUFFERYARDALTERNATIVES

TYPE OF PLANTSREQUIRED (a)

MINIMUM QUANTITYOF EACH PLANTTYPE REQUIREDPER 100 FEET OF

BUFFERYARDLENGTH

MINIMUMREQUIRED

BUFFERYARDWIDTH (feet)

MINIMUMSTRUCTURE TYPE

(if required)

Type 1 Canopy/Shade Trees 0.0 5 Minimum 5-foot tallsolid fence

Ornamental Trees 0.0Shrubs 5.6

Type 1A Canopy/Shade Trees 0.7 5 NoneOrnamental Trees 1.4

Shrubs 5.6

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Type 1B* Canopy/Shade Trees 0.6 10 NoneOrnamental Trees 0.6Evergreen Trees 0.6Shrubs 3.6

Type1C* Canopy/Shade Trees 0.5 15 NoneEvergreen Trees 0.9Shrubs 2.3

Type 1D* Evergreen Trees 1.1 20 NoneEvergreen Shrubs 4.9

Type 1E Canopy Trees 0.5 25 NoneShrubs 2.5


(a) See Table 35-22(1) for minimum required plant material sizes.

TABLE 35-22(4) BUFFERYARD INTENSITY FACTOR 2: ALTERNATIVE PLANT MATERIALS STANDARDS




BUFFERYARDLENGTH

MINIMUMREQUIRED



(if required)



Type 2A Canopy/Shade Trees 1.7 15 2-foot bermOrnamental Trees 3.4Shrubs 13.6


Type2C* Canopy/Shade Trees 2.1 25 NoneEvergreen Trees 4.2Shrubs 10.5


Type 2E Canopy Trees 2.2 30 3-foot bermShrubs 11.0

*Note: Not to be used in off-street parking areas

(a) See Table 35-22(1) for minimum required plant material sizes.

Table 35-22(5) BUFFERYARD INTENSITY FACTOR 3: ALTERNATIVE PLANT MATERIAL STANDARDS

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BUFFERYARDLENGTH

MINIMUMREQUIRED



(if required)





Type 3C* Canopy/Shade Trees 3.2 25 NoneEvergreen Trees 6.4Shrubs 16.0




(a) See Table 35-22(1) for minimum required plant sizes





BUFFERYARDLENGTH

MINIMUMREQUIRED



(if required)




Type 4B* Canopy/Shade Trees 3.7 25 2-foot bermOrnamental Trees 3.7Evergreen Trees 3.7Shrubs 22.2

Type 4C* Canopy/Shade Trees 4.3 30 NoneEvergreen Trees 8.5Shrubs 21.3

Type 4D* Evergreen Trees 12.3 35 None

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Evergreen Shrubs 57.4






TYPE OFPLANTS

REQUIRED (a)

MINIMUMQUANTITY OFEACH PLANT

TYPEREQUIRED

PER 100 FEETOF

BUFFERYARDLENGTH

MINIMUMREQUIRED


MINIMUM STRUCTURE TYPE (if required)

Type 5 Canopy/ShadeTrees 4.1 20 Minimum 6-foot tall solid fence


Type 5A Canopy/ShadeTrees 4.1 25 4-foot berm


Type 5B* Canopy/ShadeTrees 4.8 30 2-foot berm

Ornamental Trees 4.8Evergreen Trees 4.8Shrubs 28.5

Type 5C* Canopy/ShadeTrees 5.3 35 None

Evergreen Trees 10.6Shrubs 26.5


Type 5E Canopy Trees 9.0 40 NoneShrubs 45



i. Minimum Plant Material Standards. All new landscape plant material shall meet those standards set forth under therequirements of Section 2.08(d)(2)(d) of this Chapter.

4. Parking area requirements. The number of spaces required for use, relation to building and road, and landscapingcan be found in Sections 35-160 through 162.

a. Intent. Parking areas should provide safe, convenient, and efficient access for vehicles and pedestrians. Theyshould be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks; and toreduce the overall scale of paved surfaces.

b. Standard. No more than 60 percent of the off-street parking area for the entire property shall be located betweenthe front facade of the principal building(s) and the primary abutting street unless the principal building(s) and/or parking lotsare screened from view by outlot development (such as restaurants) and additional tree plantings and/or berms approved bythe Plan Commission. Green islands shall be located between double loaded parking bands. A double loaded parking bandis a 19 foot wide parking stall, 22 foot wide travel aisle, and 19 foot wide parking stall.

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5. Sign Requirements. See Sections 35-170 through 178 of this Chapter.

6. Pedestrian Flows

a. Intent. Pedestrian accessibility opens auto-oriented developments to the neighborhood, thereby reducing trafficimpacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for publicsidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestriansafety, shelter, and convenience within the center grounds.

b. Standards.

(1) How people get from one building to another on foot. Sidewalks shall be provided along the full length of thebuilding along any facade featuring a customer entrance, and along any facade abutting public parking areas.

(2) How people from neighboring areas get to store on foot. Continuous internal pedestrian walkways shall beprovided from the public sidewalk or right-of-way to the pedestrian entrances of all principal buildings on the site. At aminimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings,building and store entry points pursuant to Chapter 6, subject to review by the Plan Commission.

7. Outdoor Lighting.

a. Intent. All exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so thatonly the area intended is safely illuminated and off-site glare is fully controlled. Non-residential sites shall have a LightingPlan designed by an Engineer and approved by the Plan Commission.

b. Standards.

(1) Lighting of the site shall be of a type, design, color and height to blend with the site and landscaping.

(2) Lighting of the site shall be of a design and height and shall be located so as to illuminate only the site and notbe a beacon of distraction or potential hazard to traffic or to people working or living in the vicinity of the site.

8. Noise Abatement. Refer to Section 35-250, Performance Standards.

9. Location and Design of Loading Facilities and Waste Storage.

a. Intent. Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods.These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed. Whilescreens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials canexacerbate the problem.

b. Standards.

(1) Visibility. Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such usesshall not be visible from roadways and neighboring properties.

(2) Location. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall belocated within 20 feet of any public street, public sidewalk, or internal pedestrian way.

(3) Visual and acoustic impact. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment,trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the buildingand the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view fromadjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials thatare different from or inferior to the principal materials of the building and landscape.

(4) Non-enclosed and seasonal. Non-enclosed areas for the storage and sale of seasonal inventory shall bepermanently defined and screened with walls and/or fences. Materials, colors, and designs of screening walls and/or fencesand the cover shall conform to those used as predominant materials and colors of the building. If such areas are to becovered, then the covering shall conform to those used as predominant materials and colors on the buildings.

(Ord. 2019-1, passed 4-8-2019)

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35-100 CONDITIONAL USES

A. Conditional Use Permits.

The Village Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional usesafter review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose andintent of this Chapter and are not found to be hazardous, harmful, offensive, or otherwise adverse to the environment or thevalue of the neighborhood or the community. Conditional uses in the floodplain districts shall be required to meet therequirements in Chapter 37.

B. Applications.

Applications for conditional use permits shall be made to the Zoning Administrator and shall include the following:

1. A site plan of the property accurately dimensioned showing the location of all existing and proposed structures anduse area showing conformance with 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layoutand Construction Principles”; and 35-22 D. “Site Planning and Design Standards.”

2. Name of project.

3. Owner's and/or developer's name, physical address, and email address.

4. Architect and/or engineer's name, physical address, and email address.

5. Date of plan submittal.

6. Existing topography shown at a contour interval not less than two feet, or where not readily available elevations atappropriate locations.

7. Proposed changes in topography showing conformance with Ch. 32 Post Construction Stormwater Management andPonds; and Ch. 35-22 D. “Site-Planning and Design Principles”, subsections 2. and 3. “Open Space Requirements” and“Site Landscaping.”

8. The characteristics of soils related to contemplated uses.

9. The type, size, location, height, and dimensions of all structures including fences and walls showing conformance withall provisions of the underlying zoning district, such as lot width and area, setbacks, yards, building heights, etc.; Ch. 35, s.35-190 “Architectural Control”; 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layout andConstruction Principles”; and 35-22 D. “Site Planning and Design Standards”, subsections 2. and 3. “Open SpaceRequirements” and “Site Landscaping.”

10. Primary building materials used in construction of all structures showing conformance with Ch. 35, s. 35-190“Architectural Control” and s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects,”subsection C. “Building, Design, Layout and Construction Principles.”

11. Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character ofproposed structures.

12. Location and number of parking stalls and loading and storage areas showing conformance with Ch. 35, s. 35-160“Traffic, Parking & Access”; s. 35-161 “Parking Requirements”; s. 35-162 “Driveways”; and s. 35-22 “Principles andStandards for the Aesthetic Evaluation of Site and Building Projects”, subsection D. “Site Planning and Design Standards”,subsection 4. “Parking area requirements.”

13. Location and size of existing and proposed sanitary sewers, septic tanks and disposal fields, holding tanks, stormsewers and water mains showing conformance with Ch. 10 “Public and Private Sewer Systems”; Ch. 32 “Chapter 32 PostConstruction Stormwater Management and Ponds”; and Ch. 35-15 “Site Restrictions” subsection F. regulating private wellconstruction.

14. Location of proposed solid waste (refuse) and recycling storage areas showing conformance with Ch. 35, s. 35-22 D.“Site Planning and Design Standards”, subsection 9. “Location and Design of Loading Facilities and Waste Storage.”

15. Location of pedestrian sidewalks and walkways showing conformance with Ch. 35, s. 35-22 D. “Site Planning andDesign Standards”, subsection 6. “Pedestrian Flows.”

16. Existing and proposed public right-of-way widths for conformance with Ch. 35, s. 35-160 “Traffic, Parking & Access”;and Ch. 30, s. 30-82 “Street Plans, Improvements and Standards.”

17. Location, type, height and intensity of proposed lighting showing conformance with Ch. 35, s. 35-22 D. “Site Planningand Design Standards”, subsection 7. “Outdoor Lighting.”

18. Location of existing trees and extent, and type of proposed plantings including type and extent of erosion controlshowing conformance with Ch. 32 “Chapter 32 Post Construction Stormwater Management and Ponds”; and 35-22 D. “SitePlanning and Design Principles”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping.”

19. A graphic delineation of any planned development staging.

20. Any other site or use information, such as 100 year internal flood lines, which will assist the Plan Commission in of 127

making a determination and recommendation on the proposal. Conditional uses in the shoreland-wetland and floodplaindistricts are required to submit plans showing conformance with Ch. 36, “Shoreland-Wetland and Shoreland ZoningDistricts” and Ch. 37, “Floodplain Zoning.”

21. Operations plan data to be submitted with all plan review applications shall include at least the following:

a. Specific use of site and building(s).

b. Hours of operations.

c. Number of full and part time employees.

d. Estimate of daily truck and auto trips to the site.

e. Type of materials and equipment to be stored on site.

f. Method of handling solid and liquid waste disposal.

g. Method of exterior maintenance (site and buildings).

h. Method of site and building security other than local police.

i. Copies of all special use permits issued by state or county agencies.

j. Any other information which will assist the Plan Commission in making a determination and recommendation of theproposal.

C. Review and Approval.

1. The Village Plan Commission shall review, and conditions may be required, based on the intentions stated in Ch. 35, s.35-3 “Intent,” Ch. 35 s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects;” and theseadditional criteria:

a. All provisions of the underlying zoning district, such as lot width and area, yards, building heights;

b. Site and neighboring land and water uses for conformance with Ch. 35, s. 35-15 “Site Restrictions” and Ch. 35, s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects,” subsections B. and D. “SitePlanning and Design Principles”; and “Site Planning and Design Standards”;

c. Drainage and groundcover requirements for conformance with Ch. 32 “Chapter 32 Post Construction StormwaterManagement and Ponds”; and 35-22 D. “Site Planning and Design Principles”, subsections 2. and 3. “Open SpaceRequirements” and “Site Landscaping”;

d. Existing and proposed structures and architectural plans for conformance with Ch. 35, s. 35-190 “ArchitecturalControl”, s. 35-22 C. “Building, Design, Layout and Construction Principles”, and s. 35-22 D. “Site Planning and DesignStandards”;

e. Parking areas, driveway locations, highway access, traffic generation and circulation for conformance with Ch. 35, s.35-160 “Traffic, Parking & Access”; s. 35-161 “Parking Requirements”; s. 35-162 “Driveways”; and s. 35-22 D.4. “Parkingarea requirements”;

f. Solid and liquid waste disposal plans for conformance with Ch. 10 “Public and Private Sewer Systems”;

g. Private water supply systems for conformance with Ch. 35-15 “Site Restrictions” subsection F. regulating private wellconstruction;

h. Waste storage area plans for conformance with Ch. 35, s. 35-22 D. 9. “Location and Design of Loading Facilities andWaste Storage”;

i. The effect of the proposed use, structure, operation, and improvement upon flood damage protection, water quality,shoreland cover, natural beauty, and wildlife habitat for conformance with Ch. 36 “Shoreland-Wetland and Shoreland ZoningDistricts” and Ch. 37, “Floodplain Zoning”;

j. Lighting plans for conformance with Ch. 35, s. 35-22 D.7. “Outdoor Lighting”;

k Pedestrian sidewalks and walkway plans for conformance with Ch. 35, s. 35-22 D.6. “Pedestrian Flows”;

l. Landscaping plans for conformance with and Ch. 35, s. 35-22 D.3. “Site Landscaping”;

m. Signage plans for conformance with Ch. 35, ss. 35-175 through 35-178 regulating the types, size and placement ofsigns within the Village;

n .Operations plan data for conformance with Ch. 335, s. 35-250 “Performance Standards”; and

o. All other applicable village, county, state regulations specific to the proposed use.

2. Conditions such as landscaping, architectural design, type of construction, construction commencement andcompletion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal system,higher performance standards, street dedication, certified survey maps, floodproofing, ground cover, diversions, silting

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basins, terraces, stream bank protection, planting screens, operational control, hours of operation, improved trafficcirculation, deed restrictions, highway access restrictions, increased yards, or additional parking may be required by theVillage Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this Chapter and theWisconsin Statutes. Compliance with all other provisions of this Chapter, such as lot width and area, yards, building height,parking, loading, traffic, highway access, aesthetic evaluation and performance standards shall be required of all conditionaluses.

3. 9 The Plan Commission shall hold a public hearing, giving a Class 2 notice therefor as set forth in s. 35-240, and shallmake its recommendation to approve or deny the Conditional Use Permit to the Village Board. The Village Board shallapprove the conditional use permit and the conditions to be applied thereto, or shall deny the permit as set forth in Wis. Stat.s. 62.23(7)(de), as follows:

a. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specifiedin the Code or those imposed by the Plan Commission, the Village shall grant the conditional use permit. Any conditionimposed must be related to the purpose of the Code and be based on substantial evidence.

b. The requirements and conditions described under subsection a. must be reasonable and, to the extent practicable,measurable and may include conditions such as the permit’s duration, transfer, or renewal. The applicant must demonstratethat the application and all requirements and conditions established by the Village relating to the conditional use are or shallbe satisfied, both of which must be supported by substantial evidence. The Village’s decision to approve or deny the permitmust be supported by substantial evidence, i.e., facts and information, other than merely personal preferences orspeculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permitand that reasonable persons would accept in support of a conclusion.

c. Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit wasissued are followed, but the Village may impose conditions such as the permit’s duration, transfer, or renewal, in addition toany other conditions specified in the Code or by the Plan Commission.

d. If a person’s conditional use permit application is denied, the person may appeal the decision to the circuit courtunder the procedures contained in Wis. Stat. s. 62.23(7)(e) 10.

4. Variances shall only be granted as provided in Section 35-210 and other applicable chapters of this Municipal Code.

D. Residential Conditional Uses. The following residential and quasi-residential uses shall be conditional uses and maybe permitted as specified:

1. Cluster residential developments in the residential, A-2 and C-2 districts shall be permitted as conditional uses. Thedistrict regulations may be varied provided that the adequate open space shall be provided so that the average intensity anddensity be no greater than one dwelling unit per three acres. The original and all subsequent owners shall assure, by deedrestrictions enforceable by the Village, proper preservation, care and maintenance of exteriors; designs; all commonstructures; facilities; utilities; accesses; and open spaces.

Development Area Minimum 20 acres

Lot Width Minimum 150 feetArea Minimum 40,000 sq. ft.

Dwelling HeightArea

Maximum 35 feetMinimum1200 sq. ft. single story 1700 sq. ft.multiple story

Residential Accessory Structures Height Maximum 15 feet

Agricultural Accessory Structures(barns, silos, sheds, storage bins Height Maximum two times the distance from

the nearest lot line

Yard (Setbacks) Street Minimum 50 feet

Side Minimum 15 feet

Rear Minimum 50 feet

2. Manufactured Homes.

a. Definitions. The following words, terms and phrases shall have the meanings set forth in section 21-1 of thisMunicipal Code, except where the context clearly indicates a different meaning: “Licensee,” “Community,” “ManufacturedHome,” “Mobile Home,” “Unit,” “Manufactured Home Community,” and “Site.”

b. When, Where Allowed.

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35-161 PARKING REQUIREMENTS.

In all districts and in connection with every use, there shall be provided at the time any use or building is erected,enlarged, or extended, increased off-street parking stalls for all vehicles in accordance with the following:

A. Adequate access to a public street shall be provided for each parking space, and driveways shall be at least 12 feetwide for one and two family dwellings, and a minimum of 24 feet wide for all other uses. The minimum width for all otheruses may be reduced to 14 feet where the drive is to accommodate one-way exit vehicle flow only.

B. Each required off-street parking space shall open directly onto an aisle or driveway that is wide enough to provide safeand efficient means of vehicular access to the parking space.

C. The size of each parking space shall be not less than 180 square feet in area nor less than nine feet in width,exclusive of the space required for ingress and egress.

D. Location.

1. The location of the required parking shall be on the same lot as the principal use or not over 400 feet from theprincipal use. When planning new parking lots, every attempt shall be made to minimize the effect of headlights and noisefrom parking lot driveway entrances and exits on adjacent residential areas.

2. Alternatives to on-site parking: municipal, shared or off-site parking. When the provisions of subsection 1. cannot bemet, parking may be provided by municipal, shared, or off- site parking.

a. The petitioner shall submit written documentation to the satisfaction of the Plan Commission that shared parkingspaces are available to satisfy the parking requirements. Shared parking agreements shall provide evidence that eitherparking lots are adequate in total number of spaces to accommodate multiple users or that parking spaces will be shared atcertain times of the day (i.e., one activity uses the spaces during daytime hours and another activity uses the spaces duringevening hours). Off-site parking lots shall be located not more than 400 feet from the principal building entrance that it isintended to serve, unless the petitioner's business or other use is located in the HPO Historic Preservation Overlay Districtand may be served by a municipal parking lot.

b. When a reduction of parking spaces attributable to shared parking or off-site parking is requested, the petitionershall submit written verification that such parking is available for the life of the applicant's use and shall include copies of anycontracts, joint lease agreements, easements, and other such documentation to show that such shared parking can beaccomplished. The method by which the required shared parking will be provided is subject to the approval of the VillageAttorney upon request by the Village Zoning Administrator, and may be required to be recorded under the provisions ofsubsection (c) of this section. Off-site parking spaces shall be clearly posted for the joint use of employees, tenants and/orcustomers of each respective use sharing those spaces.

c. Recording of restrictions. The Plan Commission may require that a declaration of land use restriction be recordedupon the subject property at the Racine County Register of Deeds to ensure that future owners are informed of userestrictions resulting from the administration of this section.

E. Minimum Required Parking Lot Setbacks, Landscaping, and Plans.

1. Minimum Required Setback for Off-Street Parking Areas Abutting a Public Street Right-of-Way Line. No off-streetparking area shall be closer than eight feet from a public street right-of-way line. The area between the parking lot and theadjacent street right-of-way shall consist of landscaping meeting the requirements of this Chapter.

2. Minimum Required Setbacks for Off-Street Parking Areas. Except in cases where greater restrictions apply, as setforth in paragraph 3 below, no off-street parking area or associated driveway serving more than five vehicles shall be closerthan eight feet to a side or rear lot line of an abutting lot or parcel. The area between the parking lot and the lot or parcel lineshall consist of landscaping meeting the requirements of this Chapter.

3. Minimum Required Setbacks for Off-Street Parking Areas Abutting Residential Districts. No off-street parking area orassociated driveway serving more than five vehicles shall be closer than ten feet to a side or rear lot line of an abuttingResidential District. The area between the parking lot and the lot or parcel line shall be screened from such district by a solidwall, solid fence, and/or coniferous plantings of an equivalent solid visual density or other effective means deemed adequateby the Plan Commission and shall be built and maintained at a minimum height of six feet.

4. Minimum Distance of Truck Parking from Any Residential Zoning District. No truck parking of Class 7 trucks (26,001to 33,000 lbs., GVW) or greater shall be allowed within 150 feet of any residential zoning district.

5. Minimum Required Landscaped Area and Landscaping Within Off-Street Parking Lots.

a. All public off-street parking areas that serve ten vehicles or more and are created, redesigned, and/or rebuiltsubsequent to the adoption of this Chapter, shall be provided with evenly dispersed landscape areas within the interior ofsuch off-street parking areas.

b. The landscaped area shall total not less than five percent of the surfaced area (inclusive of both parking stalls andassociated drives). Perimeter landscaped areas adjacent to the off-street parking lot shall not be included in theaforementioned required five percent. The minimum size of each such required landscape area in the off-street parking lotshall not be less than 100 square feet in area and not less than nine feet in width or length. Canopy trees shall be providedat the rate of one tree for each 15 off-street parking spaces (or fraction thereof) within the interior of the off-street parking

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area. The preservation of existing canopy trees in the parking area may be included in the calculation of the requiredminimum landscape area.

6. Minimum Landscaping Requirements To Be Met. All landscape plant materials required by this Chapter shall meetthe following minimum requirements.

a. General Plant Material Standards. All new landscape plant material shall be grown in a nursery located in planthardiness zone 4 and shall conform to the applicable requirements as specified in the current edition of American Standardfor Nursery Stock as approved by the American National Standards Institute, Inc. and sponsored by the American Nurseryand Landscape Association. Botanical plant names shall be in accordance with the current edition of New PronouncingDictionary of Plant Names prepared by the American Joint Committee on Horticultural Nomenclature.

b. Plant Material Minimum Size Standards. All required new landscape plant material shall be, at the time ofinstallation, those minimum sizes as set forth in Table 35- 161.1.

Table 35-161(1)

MINIMUM SIZE STANDARDS FOR REQUIRED PLANT MATERIALS

Plant Material Type Minimum Required Size of Plants

Canopy Trees:Single Stem:

Multi-stem Clump:

3-inch caliper12 feet tall

Coniferous Trees 6-feet tallOrnamental Trees 1.5 inch caliperShrubs 2 feet tall

c. Off-Street Parking Area Surfacing. All open, off-street parking and loading spaces in all zoning districts exceptresidential districts shall be improved with pavement of either asphalt or concrete. Storm water drainage facilities shall be asrequired and approved by the Village Engineer.

d. Concrete Curb and Gutter Required for All Off-Street Parking Areas and Associated Drives. Concrete curb andgutter shall be required for all off-street parking areas serving five or more vehicles in the following zoning districts: R-4, R-8,B-1, B-2, B-3, B-4, B- 5, M-1, M-2, M-3, and P-1. The expansion of any existing off-street parking lot must meet thisrequirement.

e. Permanent Marking of Off-Street Parking Stalls. All off-street parking areas serving five or more vehicles shall haveall parking stalls permanently marked by painted lines or other approved material and said marking shall be maintained soas to be legible at all times.

f. Parking Spaces for Use by Persons with Disabilities. All open, off-street parking areas shall provide parking spacesfor persons with disabilities meeting all applicable "Americans with Disabilities Act (ADA) Guidelines for Buildings andFacilities" as documented in the Federal Register. Vol. 56, No. 144, July 26, 1991 as amended. Unless conflicting with theabove specified "Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities" requirements as amended,the following standards are applicable:

(1) Minimum Required Number of Accessible Off-Street Parking Spaces for Use by Persons with Disabilities. Thefollowing Table 35-161(2) shall apply. The minimum required number of accessible off-street parking spaces for use bypersons with disabilities shall be considered as a part of the total off-street parking spaces required.

Table 35-161(2)“MINIMUM REQUIRED NUMBER OF ACCESSIBLE OFF-STREET PARKING SPACES FOR PERSONSWITH DISABILITIES” ADA Standards for Accessible Design 4.1.2(5)

Total Number of Off-Street Parking Spacesin Parking Lot or Area

Minimum RequiredNumber of Accessible

Off-Street ParkingSpaces (60” & 96”

aisles)

Van-AccessibleParking Spaces withmin. 96” wide access

aisle

Accessible ParkingSpaces with min. 60”

wide access aisle

Column “A”1 to 25 1 1 0

26 to 50 2 1 151 to 75 3 1 2

76 to 100 4 1 3101 to 150 5 1 4151 to 200 6 1 5

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201 to 300 7 1 6301 to 400 8 1 7401 to 500 9 2 7

501 to 1,0002 percent of total

parking provided ineach lot

1/8 of Column “A”* 7/8 of Column “A”**

1,001 and over 20 plus 1 for each 100over 1,000 1/8 of Column “A”* 7/8 of Column “A”**

*one out of every 8 accessible spaces **7 out of every 8 accessible parking spaces

(2) Minimum Dimensions for Off-Street Parking Spaces Provided for Use by Persons with Disabilities. The minimumdimensions for all parking spaces provided for use by persons with disabilities shall be 14 feet wide by 20 feet long forautomobiles and 17 feet wide by 20 feet long for vans. The minimum access aisles for such spaces shall be 60 inches forautomobile spaces and 96 inches for van spaces.

(3) Distance to Facility Entrances for the Location of Off-Street Parking for Persons with Disabilities. Off-streetparking spaces provided for the use of persons with disabilities shall be located as close as possible to an entrance whichallows such persons to enter and leave the parking area without assistance.

(4) Signage of Off-Street Parking Spaces Serving Persons with Disabilities. All parking spaces provided for the useof disabled persons shall be marked by a sign which includes the international symbol for barrier-free environments and astatement informing the public that the parking space is reserved for use by disabled persons. Such signs shall comply withthe requirements of the aforementioned "Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities" asamended and with Wis. Stat. ss. 346.50, 346.503, and 346.505.

g. Minimum Number of Off-Street Parking Spaces required:

Table 35-161(3) NUMBER OF PARKING STALLS

Use Minimum Parking Required

Single-family, two-family, multi-family dwellings 2 spaces for each dwelling unit

Motels, hotels, lodging, and boarding houses 1 space for each guest room plus 1 space for each 2employees

Hospitals and dormitories 1 space for each 2 beds plus 1 space for each 2 employees

Sanitariums, institutions, rest and nursing homes 1 space for each 5 beds, plus 1 space for each 2employees

Medical and dental clinics 5 spaces for each doctorChurches, theaters, auditoriums, community centers,vocational and night schools, and other places of publicassembly

1 space for each 4 seats

Colleges, secondary, and elementary schools 1 space for each 2 employees plus 1 space for each 10students of 16 years of age or more

Restaurants, bars, places of entertainment, repair shops,retail and service stores

1 space for each 150 square feet of floor area and 1 spacefor each 2 employees

Manufacturing and processing plants, laboratories andwarehouses 1 space for each 3 employees

Financial institutions, business, government, andprofessional offices

1 space for each 300 square feet of floor area and 1 spacefor each 2 employees

Funeral Homes 1 space for each 4 seatsBowling alleys 5 spaces for each alleyLodges and clubs 1 space for each 5 members

Automotive repair garages 1 space for each regular employee plus 1 space for each250 square feet of floor area used for repair work

Gasoline filling stations 3 spaces for each grease rack or similar facility plus 1space for each attendant

Uses not listed In the case of structures or uses not mentioned, theprovision for a use which is similar shall apply.

Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use.

h. Employee Parking. Parking spaces required on an employee basis, as set forth in Table 35-161(3) shall be based of 127

on the average number of employees on duty or residing, or both, on the premises at any one time.

i. Minimum Width of Off-Street Parking Rows and Aisles. The design of all off street parking regulated by this Chaptershall be in conformance with the requirements set forth in Table 35-161(4).

Table 35-161(4) MINIMUM WIDTH OF OFF-STREET PARKING ROWS AND AISLES

Type of Row ParallelSpaces

45 DegreeAngle Spaces

60 Degree

Angle Spaces90 Degree

Angle Spaces

Single Row & Aisle 20 ft. 35 ft. 40 ft. 45 ft.Double Row& Aisle 28 ft. 60 ft. 62 ft. 65 ft.

j. Modifications to required parking spaces. The Village recognizes that, due to the particularities of any given landuse or development, the inflexible application of the parking supply requirements set forth in subsection g. of this sectionmay result in a land use or development either with inadequate parking supply or parking supply far in excess of its needs.Therefore, the Plan Commission may permit or require deviations from the requirements of subsection g. of this section andmay require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standardsset out in subsections j.(1), j.(2) and j.(3) of this section. Whenever the Plan Commission permits or requires a modificationto the prescribed parking supply requirements, it may also request the recording of the same under the provisions ofsubsection D.2.c. of this section with the Racine County Register of Deeds.

(1) Additional parking spaces can be required if it is determined that the prescribed requirement for a particulardevelopment will lead to traffic congestion or parking violations in adjacent streets or unauthorized parking in nearby privateparking lots.

(2) A reduction in parking spaces can be required if it is determined that the prescribed requirement for a particulardevelopment would result in the wasteful use of property that could more desirably be used for additional buildingdevelopment, in the case of a land use or development which would produce less parking demand, or for environmentallyuseful or aesthetically pleasing open space.

(3) In the HPO Historic Preservation Overlay District, the Plan Commission may also eliminate or modify theparking lot landscaping requirements of this Section.

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Criteria

Section 35‐100A. Conditional Use Permits. The Village Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this Chapter and are not found to be hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. Conditional uses in the floodplain districts shall be required to meet the requirements in Chapter 37.Sections 35‐2 Purpose: The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the Village of Rochester.

Section 35‐3 Intent: It is the general intent of this Chapter 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 and air, including access to sunlight for solar collectors and to wind for wind energy systems; provide adequate sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; preserve and promote the beauty of the community; and implement those municipal, watershed, county and regional comprehensive plans or components of such plans adopted by the Village of Rochester.


Sections35‐100.C. Review. 1. The Village Plan Commission shall review, and conditions may be required, based on the intentions stated in Ch. 35, s. 35‐3 “Intent,” Ch. 35 s. 35‐22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects;” and these additional criteria:


a. All provisions of the underlying zoning district, such as lot width and area, yards, building heights; Yes No Yes No Yes No

Applicant Provided Substantial Evidence




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CriteriaApplicant Provided Substantial Evidence




b. Site and neighboring land and water uses for conformance with Ch. 35, s. 35‐15 “Site Restrictions” and Ch. 35, s. 35‐22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects,” subsections B. and D. “Site Planning and Design Principles”; and “Site Planning and Design Standards”;


c. Drainage and groundcover requirements for conformance with Ch. 32 “Chapter 32 Post Construction Stormwater Management and Ponds”; and 35‐22 D. “Site Planning and Design Principles”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping”;


d. Existing and proposed structures and architectural plans for conformance with Ch. 35, s. 35‐190 “Architectural Control”, s. 35‐22 C. “Building, Design, Layout and Construction Principles”, and s. 35‐22 D. “Site Planning and Design Standards”;


e. Parking areas, driveway locations, highway access, traffic generation and circulation for conformance with Ch. 35, s. 35‐160 “Traffic, Parking & Access”; s. 35‐161 “Parking Requirements”; s. 35‐162 “Driveways”; and s. 35‐22 D.4. “Parking area requirements”;


f. Solid and liquid waste disposal plans for conformance with Ch. 10 “Public and Private Sewer Systems”; Yes No Yes No Yes No

g. Private water supply systems for conformance with Ch. 35‐15 “Site Restrictions” subsection F. regulating private well construction; Yes No Yes No Yes No

h. Waste storage area plans for conformance with Ch. 35, s. 35‐22 D. 9. “Location and Design of Loading Facilities and Waste Storage”; Yes No Yes No Yes No

i. The effect of the proposed use, structure, operation, and improvement upon flood damage protection, water quality, shoreland cover, natural beauty, and wildlife habitat for conformance with Ch. 36 “Shoreland‐Wetland and Shoreland Zoning Districts” and Ch. 37, “Floodplain Zoning”;


j. Lighting plans for conformance with Ch. 35, s. 35‐22 D.7. “Outdoor Lighting”; Yes No Yes No Yes No k Pedestrian sidewalks and walkway plans for conformance with Ch. 35, s. 35‐22 D.6. “Pedestrian Flows”; Yes No Yes No Yes No

l. Landscaping plans for conformance with and Ch. 35, s. 35‐22 D.3. “Site Landscaping”; Yes No Yes No Yes No m. Signage plans for conformance with Ch. 35, ss. 35‐175 through 35‐178 regulating the types, size and placement of signs within the Village; Yes No Yes No Yes No

n .Operations plan data for conformance with Ch. 335, s. 35‐250 “Performance Standards”; and Yes No Yes No Yes No

o. All other applicable village, county, state regulations specific to the proposed use. Yes No Yes No Yes No

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2307 BECK DR AndemnRochester, WI 53785 C°mm9’C1°1G'0UP

SUlVl111i¥R‘1:” l~‘"l%'©'PlE--‘l‘Yl=1lr3l=lLl<:E:zl=lTS

Building 51281 10,495 SF - Great redevelopment opportunity

Year Built: 1945 . Building #1: +/—6,995 SF Retail/FLEX,Building #2:

Roof: Metal +/—3,500 SF Cold Storage Warehouse

Dock Door; 1 - Join nearby retailers Burger King and Casey‘s General

StoreDrive Ins: 7

Cl H ‘ ht 12' 20'- High traffic intersection, Hwy 20 and Hwy 36, traffic count

r I : —ea 6 gHwy 36, +/—14,100 Cars/day per DOT

Zoning: B-3

Lot Size: 1.6 Acres QEW

Tax / APN #: 17603190102001O 1 M“-E 5 M“-E5 10 MILES

Current Taxes: $772203 Total Households 545 8,303 28,372

Lease Rate: $3 500/month (NNN) Total Population 1,442 22,156 75,742

sale Price $585 000Average HH Income $74,472 $79,279 $81,223

¢?..‘.i2.r%l1.EFRlEEvlv:1"l i~1 E’;‘i=*t‘:'i3e"JOl3l’llEi~1

Vice President Senior Vice President

414.858.5205 414.858.5203

cfriemoth@andersoncommerclalgroupcom rgoodden@andersoncommercialgroupcom

WI 53228 414 4252700 i’ a idersoncommer c?rj ‘cup com of 127

Building SketchClient M& G EnterprisesPropertyAddress 2807 Beck DrCity Waterford County Racine Slate WI ZipCode 531855109Client M& G Enterprises

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: __ _ Second Floor‘-° ""ma"m 3 [use Sq r:]

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Area Calculations summary

_ Living Area Calculation DetailsFirst Floor 5785.2 Sq ft 23 x 25 = 575

55.1 x 92 = 5069.24 x 34.1 = 136.40.5 X 4 X 2.3 = 4.6

Second Floor 1355 Sq ft 20 X 40 = 800

0.5 x 15 x 4 = 3035 X 15 = 525

Total Living Area (Rounded): 7140 Sq ftNon-living Area .

warehouse 240 Sq ft 12 X 20 = 240‘

warehouse 3500 Sq R 50 x 70 = 3500

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Narrative Appraisal Report

NEIGHBORHOODDESCRIPTION

The subject property is located in a business district of the Township ofRochester, adjacent to the village of Waterford and near the intersections ofState Highways 36 and 20/83. it is a growing area, with four land highway 36 amajor commuting thoroughfare. Commercial development is occurring within 1mile of the subject in both directions along the highway. Commercialdevelopment is encouraged along this area due to its convenient access. Majorretail areas are readily available nearby. Commercial and residential growth inthe past 10 years in this market has been steady to rapid. Most properties are inaverage to above average condition.

SITE DESCRIPTION

The subject parcel is slightly irregular in shape, see attached survey forcon?guration and dimensions. It has 300.36’ on Beck Dr. (Hwy 20/83) and142.22’ on Evergreen Dr.. The main building is located near the street withadequate room on each side yard for access to overhead doors. A WisconsinNatural Gas Co. easement traverses the front 20’ of the lot and the buildingappears to encroach 1‘ into this easement. The attached survey does not showa driveway easement to the property to the south. A drainage ditch is along therear of the property. Total land area is 69,989 sq. ft. or 1.607 acres.

DESCRIPTIONOF IMPROVEMENTS

The main building is a concrete block structure with a main floor of 5785 sq. ft. onthe main floor and a 1355 sq. ft. second floor. Age is unknown but appears to beof 1950’s vintage. Exterior walls are 24 courses of concrete block and 18‘ inheight. Root is a metal frame low pitched roof with metal covering. First floorconsists of an office, customer service area, showroom/display area, two ‘/2bathsand 2 separate shop areas. The second level has an office, half bath, filestorage and additional cold storage area. The second floor storage area leads toa 12 x 20 mezzanine located in the west shop bay. There is a loading dock onthe north side of the building. The building has natural gas heat, a drilled welland municipal sewer. Electrical service appears to be adequate. Adequateasphalt parking surrounds the building. Floor is concrete. The building is inaverage condition.

A second storage building is located in the rear. it is a 3500 wood frame polebuilding with gravel floor, metal siding and roof. Minimal electric service isprovided for lighting. It has a 12 x 18 mezzanine area. Condition of this buildingis average.

FormSCNLTR— "WinTOTAL"appraisalsoftwarebya lamode,inc.— 1-800~ALAMODE

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MUNICIPAL LAW & LITIGATION GROUP, S.C.

ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR

DALE W. ARENZ - Retired 730 N. GRAND AVENUE PAUL E. ALEXY DONALD S. MOLTER, Jr. - Retired WAUKESHA, WISCONSIN 53186 MATTEO REGINATO JOHN P. MACY Telephone (262) 548-1340 LUKE A. MARTELL H. STANLEY RIFFLE - Court Commissioner Direct (262) 806-0215 SAMANTHA R. SCHMID ERIC J. LARSON Facsimile (262) 548-9211 CHRISTOPHER R. SCHULTZ REMZY D. BITAR

Email: [email protected] ANTHONY J. GARCIA SADIE R. ZURFLUH

----------- STEPHEN J. CENTINARIO, JR.

MICHAEL J. MORSE JAMES P. WALSH

March 19, 2021

Betty Novy, Village Administrator/Treasurer Village of Rochester 300 W. Spring Street Rochester, WI 53167-0065

Re: Village of Rochester Conditional Use Review

Dear Ms. Novy:

I received your question regarding Section 35.100.C. and the provisions of 35-22 with regard to “Principles and Standards for Aesthetic Evaluation of Site and Building Projects,” and their applicability to a conditional use review. I have had an opportunity to carefully consider this matter. Based upon my review, it is my opinion that it is appropriate for the Village to review the site plan regarding Preferred Marine Sales and Services Conditional Use/Zoning Application and apply the provisions of Section 35-22 of the Code to this review.1 Several provisions of the Code are instructive in this regard:

1. This is an application for a Conditional Use Permit. Section 35-100 of the Municipal Code addresses applications for Conditional Use Permits. That section states in part:

Applications for conditional use permits shall be made to the Zoning Administrator and shall include the following:

A site plan of the property accurately dimensioned showing the location of all existing and proposed structures and use area showing conformance with 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layout and Construction Principles”; and 35-22 D. “Site Planning and Design Standards.”

1 Note that when we recently considered a conditional use application for a cell tower, the issue was complicated by certain preemptions imposed by State and federal law, which limit municipal authority over cell towers. Those preemptions are not present in this situation, so the considerations may be somewhat different in this case.

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mailto:[email protected]

https://codelibrary.amlegal.com/codes/rochesterwi/latest/rochester_wi/0-0-0-2447#JD_35-22





Betty Novy, Village Administrator March 19, 2021 Page 2

The language stating “… shall include…” is mandatory language. The plain language of Section 35-100 indicates that a site plan is a requirement when applying for a Conditional Use Permit.

2. Once the required information is submitted to the Village, the Plan Commission reviews

the submittal, as indicated in Section 35-100 C.1 of the Municipal Code. This section provides in part:

The Village Plan Commission shall review, and conditions may be required, based on the intentions stated in Ch. 35, s. 35-3 “Intent,” Ch. 35 s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects;” …

The Code language indicates an intention that the Plan Commission shall consider the standards included in Section 35-22 as part of the Commission’s review of the applicant’s site plan. There is no indication in the review requirements that no review is necessary or that the review does not apply to existing buildings.

3. It is additionally instructive to note in Section 35-230 D.1 that the form of submittal for

Planning Commission approval describes the site plan as follows: A site plan of the property accurately dimensioned showing the location of all existing and proposed structures and use area showing conformance with 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layout and Construction Principles”; and 35-22 D. “Site Planning and Design Standards.

This paragraph indicates that the site plan is to include existing structures. Reading this section in conjunction with the sections indicated above shows the intent that the Plan Commission will review the submitted site plan, which includes the existing buildings, with the requirements of Section 35-22 a part of that review.

4. We do not reach legal non-conforming use issues, because this is a new use,

specifically the applicant has applied for a conditional use. The structure can remain where it is located, as a legal non-conforming structure, but this has no relevance to the aesthetic evaluation issues noted above.

5. Remember that all conditional uses should be considered based upon substantial evidence presented at the public hearing. I recommend that you create a “decision matrix” as we have done in the past, or I could do so on request. The decision matrix would include consideration of the standards noted above.

Bottom line, based on the Code requirements, the provisions of Section 35-22 apply to

the Commission’s review of the existing buildings on the site as well as any proposed improvements.

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Betty Novy, Village Administrator March 19, 2021 Page 3

If you should have any questions or concerns regarding these matters, please do not

hesitate to contact me.

Very truly yours, MUNICIPAL LAW & LITIGATION GROUP, S.C.

Eric J. Larson Eric J. Larson

EJL:jj

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Planning Memorandum Planning Commission - Mar 24 2021

Prepared For:

Planning Commission

Staff Contact: Betty Novy, Administrator-Treasurer

Agenda Item: Initial Consideration: Ordinance #2021-1 "An Ordinance to Repeal and Recreate Sections 35.100

C.3. and 35-151 B. and Create Sections 35-151 I. and J. of the Village of Rochester Village Code to Clarify the Existing Provisions and Regulate Towers in the Village of Rochester"

Existing Zoning and Land Use Restrictions: Per s. 35-220 "Changes and Amendments" A.2. any changes or amendments to Chapter 35, Planning

and Zoning, are subject to the review and recommendation of the Village of Rochester Plan Commission. Per s. 35-220 D. "Recommendations". The Village Plan Commission shall review all proposed changes and amendments within the corporate limits... The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted, and shall be made in writing to the Village Board. The proposed amendment to s. 35-100 C.3. included in this ordinance is to correct an oversight from previous amendments that transferred conditional use permit approval authority from the Village Board to the Village Plan Commission. The other amendments included in this ordinance are meant to update s. 35-150 "Tower Regulations" (attached).

Planning Analysis: The recent application to construct a 305' lattice cell tower prompted closer review of the Village's

tower siting ordinance. While federal regulations severely limit local control over this issue, there are some restrictions the Village can enact to assist with the consideration of future applications. The Village Attorney drafted recommended amendments to the code and the Village Board reviewed those recommendations at its January 11th meeting. The Village Board referred the proposed amendments to the Ordinance Committee and Plan Commission for review and recommendation. Additionally, the Village Board asked the Village Attorney to provide sample ordinances from other communities to assist with the review. Both the proposed amendments and sample ordinances are attached to this report.

Page 1 of 27 of 127

Planning Conclusions: This ordinance is scheduled for introduction only. The Plan Commission may discuss the ordinance

and request further research as necessary. However, any action must be delayed until the April meeting.

Attachments: Rochester CU ordinance 2021-1

Sample Ordinance City of Oconomowoc Sample Ordinance Village of Greendale 20210218 Ordinance Meeting Minutes Section 35-150 TOWER REGULATIONS- Current

Page 2 of 27 of 127

STATE OF WISCONSIN VILLAGE OF ROCHESTER RACINE COUNTY

ORDINANCE NO. 2021-1

AN ORDINANCE TO REPEAL AND RE-CREATE SECTIONS 35-100 C.3. AND 35-151 B.

AND CREATE SECTIONS 35-151 I. AND J. OF THE VILLAGE OF ROCHESTER VILLAGE CODE

TO CLARIFY THE EXISTING PROVISIONS AND REGULATE TOWERS IN THE VILLAGE OF ROCHESTER

WHEREAS, by ordinance 2019-1, the Village of Rochester updated the Village Code in numerous respects in an extensive ordinance 36 pages in length, updating 52 different Sections of the Village Code; and

WHEREAS, the extensive revisions made in 2019-1 were necessary to comply with existing State and federal laws, among other purposes; and

WHEREAS, subsequent to adoption of Village Ordinance 2019-1 the State of Wisconsin

adopted 2019 Wisconsin Act 14, which empowers local municipalities to adopt certain telecommunication tower setback requirements from residential uses, which Village staff have recommended be expressly required by the Village Code, rather than only by implication; and

WHEREAS, Village staff have also identified a need for clarification of obsolete terms,

arising from changes made by 2019-1, which modified the conditional use approving body from being the Village Board to being the Village Plan Commission; and

WHEREAS, the Village Board has submitted this matter to the Village Plan Commission for report and recommendation and has received the recommendation of the Plan Commission; and

WHEREAS, a public hearing was conducted by the Village Board of the Village of Rochester on ______________- as required by Section 35-220 F. of the Village Code upon due notice as required by the same, and by Section 35-240 of the Village Code and other applicable laws; and

WHEREAS, the Village Board for the Village of Rochester, Racine County, Wisconsin

finds that the public necessity, convenience, general welfare and good zoning practice require the amendments to the Village Code described herein. NOW, THEREFORE, the Village Board of the Village of Rochester, Racine County, Wisconsin, DOES HEREBY ORDAIN as follows:

SECTION 1: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and Zoning,” Section 35-100 entitled, “Conditional Uses,” Subsection C. entitled “Review and Approval,” subsection 3. is hereby repealed and re-created as follows:

3. The Plan Commission shall hold a public hearing, giving a Class 2 notice therefor as set forth in s. 35-240. The Plan Commission shall approve the conditional use permit and the conditions to be applied thereto, or shall deny the permit as set forth in Wis. Stat. s. 62.23(7)(de), as follows:

Page 3 of 27 of 127

2

a. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the Code or those imposed by the Plan Commission, the Plan Commission shall grant the conditional use permit. Any condition imposed must be related to the purpose of the Code and be based on substantial evidence.

b. The requirements and conditions described under subsection a. must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit’s duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Plan Commission relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The Plan Commission’s decision to approve or deny the permit must be supported by substantial evidence, i.e., facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

c. Once granted, a conditional use permit shall remain in effect as long as the

conditions upon which the permit was issued are followed, but the Plan Commission may impose conditions such as the permit’s duration, transfer, or renewal, in addition to any other conditions specified in the Code or by the Plan Commission.

d. If a person’s conditional use permit application is denied, the person may appeal

the decision to the circuit court under the procedures contained in Wis. Stat. s. 62.23(7)(e) 10.

SECTION 2: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and

Zoning,” Section 35-151 entitled, “Tower Site Standards,” subsection B. entitled “Site Size and Tower Setback” is repealed and re-created as follows:

B. Site Size and Tower Setbacks. 1. Conditional use status shall not be granted to towers unless the tower is

located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. Except as provided in Subsection 2., below, if an applicant provides the Village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the Village has and provides to the applicant substantial evidence that the engineering certification is flawed.

2. Any tower that is constructed on or adjacent to a parcel of land on which

single-family residential use is permitted shall be setback from every lot line of a parcel for which single-family residential use is permitted by a distance that equals or exceeds the height of the tower.

SECTION 3: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and

Zoning,” Section 35-151 entitled, “Tower Site Standards,” subsection I. entitled “Compatibility” is created as follows:

Page 4 of 27 of 127

3

I Compatibility.

1. Compatible with adjacent land. The uses, values and enjoyment of other Village property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.

2. Welfare. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

3. Not impede surrounding property development and improvement. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding Village property for uses permitted in the district.

SECTION 4: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and Zoning,” Section 35-151 entitled, “Tower Site Standards,” subsection J. entitled “Aesthetic requirements” is created as follows:

J Aesthetic requirements. All towers shall comply with the following aesthetic standards:

1. Towers shall be a monopole design, except as follows. The Plan Commission may require a stealth design to minimize the adverse aesthetic impact in particular locations when the Plan Commission finds it is necessary to do so to ensure compliance with the standards of this ordinance. The Plan Commission may allow an alternative design preferred by an applicant on a case by case basis upon finding that the standards of this ordinance can be met with the alternative design and there are no substantial adverse aesthetic impacts of doing so in the location and height proposed.

2. In areas where facilities are currently nonexistent or underground, undergrounding of transmission lines related to the tower is required.

3. No new above ground structures, including co-locations on existing structures, shall be placed within 500 feet of structures recognized as historic by the State of Wisconsin or the U.S. Department of the Interior. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.

4. Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.

5. Any party objecting to the requirements of this Subsection 35-151 J. shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of state or federal law, upon application to the Village Board, and the Village Board shall waive the requirement if it finds the standard to effectively prohibit the expansion of wireless technology in the Village or otherwise violates state or federal law.

SECTION 5: CONTINUATION OF PROVISIONS

Page 5 of 27 of 127

4

The provisions of this ordinance, to the extent that they are substantively the same as those of the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. In addition, the adoption of this ordinance shall not affect any action, prosecution or proceeding brought for the enforcement of any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance for the time that such provision was in effect, and the repeal of any such provisions is stayed pending the final resolution of such actions, including appeals.

SECTION 6: SEVERABILITY.

The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

SECTION 7: EFFECTIVE DATE.

This ordinance shall be effective upon publication or posting as provided by law. Dated this ________day of ________________, 20_________. VILLAGE OF ROCHESTER ___________________________ Edward Chart, Village President ATTEST: ____________________________ Sandra J. Swan, Village Clerk This ordinance posted or published ______________________.

Page 6 of 27 of 127

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February 18 , 2021 Ordinance Committee 7:00 p.m.

The meeting was called to order at 7:00 p.m. with Ed Chart, Gary Beck and Leslie Kinsey present. Russ Kumbier was absent.

Sandi Swan, Village Clerk was also present.

This meeting was held virtually and no in person meeting took place.

Review Sample (Village of Greendale & City of Oconomowoc) Ordinances Regarding Telecommunication Tower Regulations

Sample ordinances from Village of Greendale & City of Oconomowoc regarding telecommunication tower regulations were provided and reviewed by committee.

Review and Provide Possible Amendments to Attorney Draft Ordinance Regarding Regulation of Telecommunication Towers

The following draft ordinance was provided and reviewed by committee.

STATE OF WISCONSIN VILLAGE OF ROCHESTER RACINE COUNTY

ORDINANCE NO. _________

AN ORDINANCE TO REPEAL AND RE-CREATE

SECTIONS 35-100 C.3. AND 35-151 B.

AND CREATE SECTIONS 35-151 I. AND J.

OF THE VILLAGE OF ROCHESTER VILLAGE CODE

TO CLARIFY THE EXISTING PROVISIONS

AND REGULATE TOWERS IN THE VILLAGE OF ROCHESTER

WHEREAS, by ordinance 2019-1, the Village of Rochester updated the Village Code in numerous respects in an extensive ordinance 36 pages in length, updating 52 different Sections of the Village Code; and

WHEREAS, the extensive revisions made in 2019-1 were necessary to comply with existing State and federal laws, among other purposes; and

WHEREAS, subsequent to adoption of Village Ordinance 2019-1 the State of Wisconsin adopted 2019 Wisconsin Act 14, which empowers local municipalities to adopt certain telecommunication tower setback requirements from residential uses, which Village staff have recommended be expressly required by the Village Code, rather than only by implication; and

WHEREAS, Village staff have also identified a need for clarification of obsolete terms, arising from changes made by 2019-1, which modified the conditional use approving body from being the Village Board to being the Village Plan Commission; and

WHEREAS, the Village Board has submitted this matter to the Village Plan Commission for report and recommendation and has received the recommendation of the Plan Commission; and

WHEREAS, a public hearing was conducted by the Village Board of the Village of Rochester on ______________- as required by Section 35-220 F. of the Village Code upon due notice as required by the same, and by Section 35-240 of the Village Code and other applicable laws; and



WHEREAS, the Village Board for the Village of Rochester, Racine County, Wisconsin finds that the public necessity, convenience, general welfare and good zoning practice require the amendments to the Village Code described herein.

NOW, THEREFORE, the Village Board of the Village of Rochester, Racine County, Wisconsin, DOES HEREBY ORDAIN as follows:

SECTION 1: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and Zoning,” Section 35-100 entitled, “Conditional Uses,” Subsection C. entitled “Review and Approval,” subsection 3. is hereby repealed and re-created as follows:

3. The Plan Commission shall hold a public hearing, giving a Class 2 notice therefor as set forth in s. 35-240. The Plan Commission shall approve the conditional use permit and the conditions to be applied thereto, or shall deny the permit as set forth in Wis. Stat. s. 62.23(7)(de), as follows:

a. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the Code or those imposed by the Plan Commission, the Plan Commission shall grant the conditional use permit. Any condition imposed must be related to the purpose of the Code and be based on substantial evidence.

b. The requirements and conditions described under subsection a. must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit’s duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Plan Commission relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The Plan Commission’s decision to approve or deny the permit must be supported by substantial evidence, i.e., facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

c. Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Plan Commission may impose conditions such as the permit’s duration, transfer, or renewal, in addition to any other conditions specified in the Code or by the Plan Commission.

d. If a person’s conditional use permit application is denied, the person may appeal the decision to the circuit court under the procedures contained in Wis. Stat. s. 62.23(7)(e) 10.

SECTION 2: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and Zoning,” Section 35-151 entitled, “Tower Site Standards,” subsection B. entitled “Site Size and Tower Setback” is repealed and re-created as follows:

B. Site Size and Tower Setbacks.

1. Conditional use status shall not be granted to towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. Except as provided in Subsection 2., below, if an applicant provides the Village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the Village has and provides to the applicant substantial evidence that the engineering certification is flawed.



2. Any tower that is constructed on or adjacent to a parcel of land on which single-family residential use is permitted shall be setback from every lot line of a parcel for which single-family residential use is permitted by a distance that equals or exceeds the height of the tower.

SECTION 3: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and Zoning,” Section 35-151 entitled, “Tower Site Standards,” subsection I. entitled “Compatibility” is created as follows:

I Compatibility.

1. Compatible with adjacent land. The uses, values and enjoyment of other Village property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.

2. Welfare. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

3. Not impede surrounding property development and improvement. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding Village property for uses permitted in the district.

SECTION 4: Chapter 35 of the Village of Rochester Zoning Code entitled “Planning and Zoning,” Section 35-151 entitled, “Tower Site Standards,” subsection J. entitled “Aesthetic requirements” is created as follows:

J Aesthetic requirements. All towers shall comply with the following aesthetic standards:

1. Towers shall be a monopole design, except as follows. The Plan Commission may require a stealth design to minimize the adverse aesthetic impact in particular locations when the Plan Commission finds it is necessary to do so to ensure compliance with the standards of this ordinance. The Plan Commission may allow an alternative design preferred by an applicant on a case by case basis upon finding that the standards of this ordinance can be met with the alternative design and there are no substantial adverse aesthetic impacts of doing so in the location and height proposed.

2. In areas where facilities are currently nonexistent or underground, undergrounding of transmission lines related to the tower is required.

3. No new above ground structures, including co-locations on existing structures, shall be placed within 500 feet of structures recognized as historic by the State of Wisconsin or the U.S. Department of the Interior. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.

4. Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.

5. Any party objecting to the requirements of this Subsection 35-151 J. shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of state or federal law, upon application to the Village Board, and the Village Board shall waive the requirement if it finds the standard to effectively prohibit the expansion of wireless technology in the Village or otherwise violates state or federal law.

SECTION 5: CONTINUATION OF PROVISIONS The provisions of this ordinance, to the extent that they are substantively the same as those of the

ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. In addition, the adoption of this ordinance shall not affect any action, prosecution or proceeding brought for the enforcement of any right or liability established, accrued or incurred under any



legislative provision prior to the effective date of this ordinance for the time that such provision was in effect, and the repeal of any such provisions is stayed pending the final resolution of such actions, including appeals.

SECTION 6: SEVERABILITY.

The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

SECTION 7: EFFECTIVE DATE.

This ordinance shall be effective upon publication or posting as provided by law.

Dated this ________day of ________________, 20_________.

Consensus of the committee was to forward draft ordinance to Plan Commission as presented with no amendments.

Kumbier moved, 2nd by Kinsey to adjourn at 7:28 p.m. Motion carried.

Respectfully submitted,

Sandi Swan, Village Clerk


35-150 TOWER REGULATIONS.

A. Intent. It is intended that mobile service facilities and radio broadcast service facilities be regulated hereunder byconditional use permit for the public health and safety. Reports from multiple studies gathered by the National Institute ofHealth have found links between radiofrequency electromagnetic fields and negative health effects, but also reflect that thescientific community is split as to whether prolonged radiofrequency exposure is dangerous to human health. Until such timeas exposure to electromagnetic radiation is proven safe, the Village Board presumes that human health is affected by theplacement of towers and antennas from which exposure may occur. In addition, towers that contain the mobile andbroadcast facilities may collapse and cause catastrophic damage to Village citizens and property. The regulations hereinreflect the minimum practical regulation that is necessary to accomplish the protection of the public.

B. Definitions.

“Antenna” means communications equipment that transmits and receives radio waves or electromagnetic radio signalsand is used in the provision of mobile services or radio broadcast services.

“Application” means an application for a permit under this section to engage in an activity specified as new constructionor substantial modification of mobile service facilities or radio broadcast facilities or a class 2 collocation.

“Building Permit” means any applicable permit issued by the Building Inspector that authorizes an applicant to conductconstruction activity that is consistent with the Village Building, Plumbing, Electrical and Mechanical Code, Chapter 11 of thisMunicipal Code.

“Class 1 Collocation” means the placement of a new mobile service facility or radio broadcast service facility on anexisting support structure such that the owner of the facility does not need to construct a free standing support structure forthe facility but does need to engage in substantial modification.

“Class 2 Collocation” means the placement of a new mobile service facility or radio broadcast service facility on anexisting support structure such that the owner of the facility does not need to construct a free standing support structure forthe facility or engage in substantial modification.

“Collocation” means class 1 or class 2 collocation or both.

“Distributed Antenna System” means a network of spatially separated antenna nodes that is connected to a commonsource via a transport medium and that provides mobile service within a geographic area or structure.

“Equipment Compound” means an area surrounding or adjacent to the base of an existing support structure within whichis located mobile service facilities or radio broadcast service facilities.

“Existing Structure” means a support structure that exists at the time a request for permission to place mobile servicefacilities on a support structure is filed with the Village.

“Fall Zone” means the area over which a mobile support structure or radio broadcast tower or antenna is designed tocollapse.

“Mobile Service” has the meaning given in 47 USC 153 (33).

“Mobile Service Facility” means the set of equipment and network components, including antennas, transmitters,receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service toa discrete geographic area, but does not include the underlying support structure.

“Mobile Service Provider” means a person who provides mobile service.

“Mobile Service Support Structure” means a freestanding structure that is designed to support a mobile service facility.

“Permit” means a Conditional Use Permit or Zoning Permit required by this section which authorizes any of the followingactivities by an applicant:

1. A class 1 collocation.

2. A class 2 collocation.

3. The construction of a mobile service support structure.

4. The construction of a radio broadcast service facility.

“Public Utility” has the meaning given in Wis. Stat. s. 196.01(5).

“Radio Broadcast Services” means the regular provision of a commercial or noncommercial service involving thetransmission, emission, or reception of radio waves for the transmission of sound or images in which the transmissions areintended for direct reception by the general public.

“Radio Broadcast Service Facilities” means commercial or noncommercial facilities, including antennas and antennasupport structures, intended for the provision of radio broadcast services.

“Search Ring” means a shape drawn on a map to indicate the general area within which a support structure should belocated to meet radio frequency engineering requirements, taking into account other factors including topography and the

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demographics of the service area.

“Substantial Modification” means the modification of a support structure, including the mounting of an antenna on such astructure that does any of the following:

1. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than20 feet, except it shall not be considered a substantial modification if a greater height is necessary to avoid interference withan existing antenna.

2. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10percent or more, except it shall not be considered a substantial modification if a greater height is necessary to avoidinterference with an existing antenna.

3. Measured at the level of the appurtenance added to the structure as a result of the modification, increases thewidth of the support structure by 20 feet or more, unless a larger area is necessary for collocation, or unless a greaterprotrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure bycable.

4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

“Support Structure” means an existing or new structure that supports or can support a mobile service facility, including amobile service support structure, utility pole, water tower, building, or other structure, or a radio broadcast antenna supportstructure.

“Tower Facility” means the support structure for mobile services or radio broadcast services.

“Utility Pole” means a structure owned or operated by an alternative telecommunications utility, as defined in Wis. Stat.s. 196.01(1d); public utility, as defined in Wis. Stat. s. 196.01(5); telecommunications utility, as defined in Wis. Stat. s.196.01(10); political subdivision; or cooperative association organized under Wis. Stat. ch. 185; and that is designedspecifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wis. Stat. s.182.017(1g)(cq); for video service, as defined in Wis. Stat. s. 66.0420 (2)(y); for electricity; or to provide light.

C. Applicability.

1. Facilities Regulated. The following facilities are subject to the regulations set forth in this Section and in section 35-151, Tower Site Standards:

a. New mobile service support structures and radio broadcast service support structures require conditional usepermits.

b. Class 1 collocations that involve the substantial modification of an existing support structure, mobile servicefacilities, and radio broadcast service facilities require conditional use permits.

c. Class 2 collocations are permitted uses, require zoning permits, and are subject to the provisions set forth insubsection F.

2. Regulation. No installation or construction of the facilities regulated by this section are permitted except as providedin this section and Section 35-151, Tower Site Standards.

D. Location.

1. Mobile Service Support Structures. Pursuant to Wis. Stat. s. 66.0404(4)(c), the Village may not prohibit theplacement of a mobile service support structure in particular locations in the Village.

2. Radio Broadcast Facilities. Pursuant to Wis. Stat. s. 66.0406(4), the Village may only deny the placement,construction or modification of radio broadcast service facilities in the Village for public health or safety concerns; therefore,pursuant to the intent of this Section set forth in subsection A, radio broadcast service facilities regulated by this Section,except amateur or citizen band towers that do not transmit a constant signal, shall not be located in any residential zoningdistrict.

E. Submission Requirements for New or Substantial Modifications of Facilities and Support Structures. The siting andconstruction standards for new or substantial modifications of mobile support structures and facilities and new orsubstantially modified radio broadcast service facilities are set forth in s. 35-151. Pursuant to Wis. Stat. ss. 66.0404 and66.0406, the Village is limited in its regulation of such structures. In the event that said statutes are amended or repealed,the construction or modification of such structures shall be required to abide by the requirements set forth in s. 35-22,Principles and Standards for the Aesthetic Evaluation of Site and Building Projects, and s. 35-100, Conditional Uses of thisCode if those requirements are allowed. While said statutes are in effect, notwithstanding the requirements found in ss. 35-22 and 35-100, the applicant shall only be required to supply the following information in its application for a zoning permitand conditional use permit under this section, but shall be required to meet the requirements set forth in s. 35-151, TowerSite Standards:

1. The application shall be in writing and shall contain all of the following information:

a. The name and business address of, and the contact individual for, the applicant.

b. The location of the proposed or affected support structure.

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c. The location of the proposed mobile service facility or radio broadcast service facility.

d. If the application is to substantially modify an existing support structure, a construction plan which describes theproposed modifications to the support structure and the equipment and network components, including antennas,transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposedmodifications.

e. If the application is to construct a new mobile service support or radio broadcast support structure, a constructionplan which describes the proposed support structure and the equipment and network components, including antennas,transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the newsupport structure.

f. If an application is to construct a new mobile support structure, an explanation as to why the applicant chose theproposed location and why the applicant did not choose collocation, including a sworn statement from an individual who hasresponsibility over the placement of the support structure attesting that collocation within the applicant’s search ring wouldnot result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economicallyburdensome to the service provider.

2. If an applicant submits an application for a permit hereunder which contains all of the information required undersubsection 1, the application shall be considered complete. If the application is incomplete, the Zoning Administrator shallnotify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The writtennotification shall specify in detail the required information that was incomplete. An applicant may resubmit an application asoften as necessary until it is complete.

3. Within 90 days of its receipt of a complete application, the Village shall complete all of the following or the applicantmay consider the application approved, except that the applicant and the Village may agree in writing to an extension of the90 day period:

a. Review the application to determine whether it complies with all applicable aspects of the Building, Plumbing,Electrical and Mechanical Code and, subject to the limitations in this section, this Chapter.

b. Make a final decision whether to approve or disapprove the application.

c. Notify the applicant, in writing, of its final decision.

d. If the decision is to disapprove the application, include with the written notification substantial evidence whichsupports the decision.

4. The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within theapplicant’s search ring and provide the sworn statement described under subsection 1.f.

5. If an applicant provides the Village with an engineering certification showing that a mobile service support structure, aradio broadcast service facility structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in s. 35-151, that requirement does not apply to such a structure unless the Village providesthe applicant with substantial evidence that the engineering certification is flawed.

F. Collocation on Existing Support Structures.

1. A class 2 collocation is a permitted use and does not require a conditional use permit, but is regulated as follows:

a. A class 2 collocation is subject to the building permit requirements set forth in this Municipal Code.

b. If an applicant submits an application for a permit to engage in a class 2 collocation, the zoning application shall bein writing and shall contain all of the following information:

(1) The name and business address of, and the contact individual for, the applicant.

(2) The location of the affected support structure.

(3) The location of the proposed mobile service facility or radio broadcast service facility.

c. The Village shall consider an application containing the information required in subsection b. complete.

d. If any of the required information is not in the application, the Zoning Administrator shall notify the applicant inwriting, within five days of receiving the application, that the application is not complete. The written notification shall specifyin detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until itis complete.

e. Within 45 days of its receipt of a complete application, the Village shall complete all of the following or the applicantmay consider the application approved, except that the applicant and the Village may agree in writing to an extension of the45 day period:

(1) Make a final decision whether to approve or disapprove the application.

(2) Notify the applicant, in writing, of its final decision.

(3) If the application is approved, issue the applicant the relevant zoning permit.

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(4) If the decision is to disapprove the application, include with the written notification substantial evidence whichsupports the decision.

G. Limitations. The Village is subject to the following statutory limitations when reviewing the applications for conditionaluse permits and/or zoning permits for the placement, construction or substantial modification of mobile service facilities orClass 2 collocations:

1. No application shall be disapproved based solely on aesthetic concerns.

2. No environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequencyemissions may be required.

3. No regulation of radio frequency signal strength or the adequacy of mobile service quality is allowed.

4. The placement of emergency power systems may not be prohibited, and backup battery power may not be required.

5. The Village may not require that a support structure be placed on property owned by the Village.

6. No application may be disapproved based solely on the height of the tower structure or on whether the structurerequires lighting, and the height of the structure may not be limited to under 200 feet.

7. Approval of an application shall not be conditioned on the agreement of the owner to provide space on or near thestructure for the use of or by the Village at less than the market rate, or to provide the Village other services via the structureor facilities at less than the market rate, nor permitting the Village to place at or collocate mobile service facilities provided oroperated by the Village or its entities or interests.

8. The applicant may not be required to construct a distributed antenna system instead of a new tower structure orengaging in collocation.

9. The application may not be disapproved because the Village has assessed that other locations may be suitable forconducting the activity.

10. The applicant may not be required to indemnify or insure the Village in connection with the Village’s exercise of itsauthority to approve the application.

H. Fees.

1. Permits. The fees for Conditional Use Permits and Zoning Permits required hereunder shall be set by the VillageBoard and reflected in the Fee Schedule, provided, however, that pursuant to Wis. Stat. s. 66.0404(4)(d), the fee for aConditional Use Permit required under subsection C.1.a. or b. shall not exceed $3,000 and the fee for a Zoning Permitrequired under subsection C.1.c. shall not exceed the cost of the Building Permit or $500, whichever is less. No recurringfee is allowed.

2. Technical review. In the event the Plan Commission determines that it is necessary to consult with a third party inconsidering an application, all reasonable costs and expenses associated with such consultation shall be borne by theapplicant, but the applicant shall not be required to pay travel expenses of the consultant. Failure to pay such costs andexpenses or provide information required under this Section shall be grounds for denial or revocation of a permit. Theapplicant may provide to the Plan Commission the names of consultants which the applicant believes are qualified to assistin resolving the issues before the Plan Commission.

I. Abandonment.

1. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned. Insuch circumstances, the owner of such antenna or tower or owner(s) of the property where the tower or antenna is locatedshall remove said antenna and/or tower including all supporting equipment, buildings, and foundations to a depth of five feet,and shall restore the location to its natural condition (except that any landscaping and grading may remain in the after-condition as determined by the Zoning Administrator) within 90 days of receipt of notice from the Zoning Administrator. Ifremoval and restoration to the satisfaction of the Zoning Administrator does not occur within the said 90 days, the ZoningAdministrator may remove and salvage said antenna/tower and all supporting equipment and buildings, and restore the siteat the antenna/tower owner's or property owner's expense.

2. Security for Removal. The applicant shall provide to the Village, prior to the issuance of the conditional use permit, asurety in a form acceptable to the Village in the amount of $20,000.00 to guarantee that the tower and all supportingequipment, buildings and foundations will be removed when no longer in operation. The Village must be named as thebeneficiary of the surety, and the terms of the surety must provide that the Village will be given notice if the surety providercancels the surety. If, prior to the removal of the tower, tower removal rates exceed $20,000.00, the Village reserves theright to impose a special charge on the property in the event that the Village is required to remove the facilities.

J. Expiration of Permits; Continued Compliance.

1. A permit issued hereunder shall not expire, provided that the permit holder shall remain in compliance with allapplicable laws and ordinances.

2. Upon written inquiry by the Plan Commission, the permit holder under this section shall present credible evidence ofthe continued compliance with the conditional use permit. Failure to establish compliance with the conditional use permitshall be grounds for the revocation of the permit. All reasonable costs and expenses associated with such consultation shall

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be borne by the holder of the permit. Failure to pay such costs and expenses or provide information requested by the PlanCommission shall be grounds for revocation of the permit. The holder of the permit may provide to the Plan Commission thenames of consultants which the permit holder believes are qualified to assist in resolving the issues before the PlanCommission.

K. Village Not Responsible. The Village does not warrant any tower against design or structural failure. The Village doesnot certify that the design is adequate for any tower and the Village hereby accepts no liability through the issuance of aconditional use permit or zoning permit.

L. Coordination Between Village Departments. The Zoning Administrator shall coordinate with Building Inspector toensure that all required time limits set forth in this Section are met.

M. Appeal. A party who is aggrieved by the final decision of the Village may bring an action in Racine County CircuitCourt.

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Planning Commission - Mar 24 2021 - Village of Rochester, WI

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Transcript of Planning Commission - Mar 24 2021 - Village of Rochester, WI