Zoning Ordinance
  
ARTICLE E:  REGULATIONS APPLYING TO ALL DISTRICTS
Sec. 13-1-50 Nonconforming Uses, Structures and Lots
  1. Purpose. The purpose of this subsection is to provide for the gradual elimination of nonconforming uses and structures by allowing short-term maintenance and improvement, but not expansion of nonconformities.
  2. Applicability. Sec. 13-1-50 shall apply to uses, structures and lots that become nonconforming as a result of the enactment of this Ordinance, or any subsequent amendments.
  3. Nonconforming Uses of Land. A nonconforming use of land may be continued, provided that:
    1. The use is not enlarged, increased, or extended to occupy a greater area of land or structure than was occupied on the date of adoption of this Ordinance;
    2. If it is replaced by a conforming use, the nonconforming use may not thereafter be resumed;
    3. If a nonconforming use ceases for a period of more than twelve (12) months the subsequent use of the land shall be conforming.
    4. Changes in tenancy, ownership or management of a nonconforming use are allowed, provided there are no changes in the nonconforming use unless those changes bring the use into compliance.
  4. Nonconforming Structures. A nonconforming structure may remain and be used, provided that:
    1. The structure is not enlarged or altered so as to increase its nonconformity;
    2. If moved, the structure shall be made to conform to regulations of this Ordinance; and
    3. If the structure is damaged or destroyed by more than fifty (50) percent of its replacement value, as determined by the Permit Issuer, the structure must be reconstructed in compliance with the requirements for the zone in which it is located. When a structure is damaged or destroyed by fifty (50) percent or less of its replacement value, a nonconforming structure may be repaired or reconstructed and used as before the time of damage, provided a building permit is obtained and restoration is begun within one year from the date of destruction
  5. Nonconforming Lots. Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded prior to the adoption of this Ordinance may be used for the purposes permitted by this Ordinance, notwithstanding the minimum lot area, lot width and lot depth required. Any nonconforming lot in common ownership with a contiguous lot on the date of adoption of this Ordinance shall not be used for purposes permitted by this Ordinance unless the lot is combined with the contiguously owned lot and/or combined in a manner adequate to comply with the required minimum lot area, lot width and lot depth as specified for the zone in which the lot is located; provided, that this provision shall not apply to lots in final plats filed prior to the date of adoption of this Ordinance, or lots that contain a dwelling. The owner of combined lots shall apply for a boundary line adjustment to remove boundary lines that are shared by contiguous lots, or to redraw boundary lines so that all contiguous lots become conforming lots.

Sec. 13-1-51 Accessory Uses and Structures

  1. Purpose. The authorization and limitation of specific accessory uses and structures in appropriate districts is necessary in order to limit the potential impacts of those uses and structures on neighboring properties.
  2. Applicability; Authorization. Accessory uses and structures are permitted in any district in connection with any principal use lawfully existing within such district. If a use is allowed as a principal use, such use is also permitted as an accessory use with the same requirements as the principal use (e.g. a Conditional Use Permit may be required). The limitations set forth in this subsection do not apply to accessory uses and structures consistent with agricultural uses in the EAU, AT and A-1 Districts.
  3. Principal Use/Structure In Place. No accessory structure shall be constructed or use initiated on a lot prior to the commencement of construction on the principal structure or the establishment of the principal use to which it is accessory. If the principal structure is not completed within three (3) years of receipt of the initial building permit, the Town Board may require removal of any accessory structures.
  4. Attached Accessory Buildings. Where the accessory building is physically attached to the principal building, it shall be considered to be part of the principal building and subject to all bulk requirements applicable to the principal building.
  5. Detached Accessory Buildings. Except as provided in Sec. 13-1-17, the following restrictions apply to detached accessory buildings.
    1. Detached accessory buildings shall not occupy any portion of the required front yard.
    2. Detached accessory buildings shall not be located within five (5) feet of the principal building or another accessory building.
    3. Detached garages shall not be located within five (5) feet of a lot line. All other accessory structures must meet the yard/setback requirements of the applicable district.
    4. Detached accessory buildings shall not exceed twenty feet in height. If a detached accessory building exceeds fifteen (15) feet in height it shall conform to all bulk requirements applicable to the principal building.
  6. Permitted Accessory Structures. Permitted accessory structures include, but are not limited to, the following:
    1. Private drives, driveways, parking lots, and detached garages, pole buildings, storage sheds, carports, canopies, loading docks, decks and patios.
    2. Children’s’ playhouses, gazebos or similar structures.
    3. Tennis courts, basketball courts or similar recreational facilities limited to use by the occupants of the principal building and their guests.
    4. Earthen fill placed against the outer walls of the principal building to enhance the energy efficiency of the structure.
    5. Dumpsters or other refuse containers on commercial or industrial properties, provided that such facilities are located in the rear of the principal building and are sufficiently screened to L3 or F2 standards in accordance with Sec. 13-1-52, Landscaping and Buffering.
    6. Radio, amateur radio, dish and television antennas not exceeding sixty (60) feet in height, provided:
      1. Roof-mounted antennas in residential zones shall not extend higher than thirty (30) feet above the peak of the roof;
      2. The antenna, including guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize its visible impact on surrounding properties and from public rights-of-way.
      3. Antennas shall be installed to meet all structural specifications of the manufacturer. All components and materials shall be noncombustible and corrosive-resistant.
    7. (Fences, subject to the following restrictions:
      1. Setback Requirements. Fences may be placed within the front, side or rear yard, except that solid fences greater than three (3) feet in height shall not be placed anywhere in the front setback area as extended to the side lot lines.
      2. Materials. Barbed wire and electric fences are prohibited except in the EAU, AT and A-1 districts, and as part of security fences in other districts, provided that, when used as part of a security fence, barbed wire shall not be less than seven (7) feet above ground level.
      3. Sound Barrier/Privacy Fences. Sound barrier/privacy fences built along back or side yard lot lines to prevent sound penetration from abutting roadways shall not be more than eight (8) feet in height in agricultural and residential districts and not more than twelve (12) feet in height in business and industrial districts.
      4. Vision Clearance. All fences shall be erected so as to comply with Sec. 13-1-56(7), Vision Clearance Standards.

Sec. 13-1-52 Landscaping and Buffering

  1. Purpose. The Town recognizes the aesthetic, ecological, and economic value of landscaping and requires its use to:
    • Promote the reestablishment of vegetation in developed areas for aesthetic, health, and wildlife reasons;
    • Establish and enhance a pleasant visual character that recognizes aesthetics and safety issues;
    • Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses;
    • Unify development, and enhance and define public and private spaces;
    • Promote the retention and use of existing vegetation;
    • Aid in energy conservation by providing shade from the sun and shelter from the wind;
    • Restore vegetation to areas disturbed by grading or construction;
    • Mitigate for loss of natural resource values.
  2. Applicability. This Section consists of a set of landscaping and screening standards and regulations for use throughout the Town. The regulations address materials, placement, layout, and timing of installation.
  3. Landscaping and Screening Standards. Sec. 13-1-52(3)(a)-(g) state the presumptive levels of landscaping and screening standards to be applied to proposed land uses throughout the Town. “Low impact,” “Medium impact” and “High impact” refer to a particular non-residential use’s impact on surrounding property. The impact rating for uses is listed in Exhibit 1. The landscaping standards and, where appropriate, the depth of the landscaping or screening (buffer width) to be required of the proposed use are set forth in Exhibit 4. The buffer width may be included within the required setback. The Town Board recognizes that because of the wide variety of types of developments and the relationships between them found in a rural setting, it is neither possible nor advisable to establish inflexible landscaping and buffering standards. The standards set forth in Sec. 13-1-52(3)(a)-(g) below are in hierarchical order; standard L1 is presumed to be the least-intensive standard, while F2 is presumed to be the most intensive. The decision-making body may permit deviations from the presumptive requirements of Exhibit 4, by allowing either less-intensive or requiring more intensive landscaping and buffering whenever it is determined that such deviations will satisfy the purposes set forth in Sec. 13-1-52(1) above. Circumstances that may warrant deviations from these standards include, but are not limited to, lot sizes that result in greater separation of uses, or objectionable impacts greater than those normally associated with a given use.
    1. L1, General Landscaping. The L1 standard is a landscape treatment for open areas. It is intended to be applied in situations where distance is used as the principal means of separating uses or development, and landscaping is required to enhance the area in-between. While primarily consisting of ground cover plants, it also includes a mixture of trees, high shrubs, and low shrubs. The L1 standard has two different requirements for trees and shrubs. Where the area to be landscaped is less than thirty (30) feet deep, the standard is one tree per thirty (30) linear feet. Where the area is thirty (30) feet deep or greater, the requirement is one tree per 800 square feet and either two (2) high shrubs or three (3) low shrubs per four hundred (400) square feet of landscaped area. The shrubs may be grouped with the trees. Grass or other ground cover plants must fully cover the remainder of the landscaped area.
    2. L2, Low Screen. The L2 standard is a landscape treatment that uses a combination of distance and low level screening to separate uses or development. The standard is applied where a low level of screening is adequate to soften the impact of the use or development, or where visibility between areas is more important than a total visual screen. The L2 standard requires enough low shrubs to form a continuous screen three (3) feet high. In addition, one tree is required per 30 lineal feet of landscaped area or as appropriate to provide a tree canopy over the landscaped area. Grass or other ground cover plants must fully cover the remainder of the landscaped area.
    3. L3, High Screen. The L3 standard is a landscape treatment that uses screening to provide the physical and visual separation between uses or development. It is used in those instances where visual separation is required. The L3 standard requires enough high shrubs to form a screen six (6) feet high and ninety-five (95) percent opaque year around. In addition, one tree is required per thirty (30) lineal feet of landscaped area or as appropriate to provide a tree canopy over the landscaped area. Grass or other ground cover plants must fully cover the remainder of the landscaped area
    4. L4, High Wall. The L4 standard is intended to be used in special instances where extensive screening of both visual and noise impacts is needed to protect abutting sensitive uses in areas and where there is little space for separation. The L4 standard requires a six-foot high masonry wall along the interior side of the landscaped area. One tree is required per thirty (30) lineal feet of wall or as appropriate to provide a tree canopy over the landscaped area. In addition, four high shrubs are required per thirty (30) lineal feet of wall. Grass or other ground cover plants must fully cover the remainder of the landscaped area.
    5. L5, High Berm. The L5 standard is intended to be used in special instances where extensive screening of both visual and noise impacts is needed to protect abutting sensitive uses, and where it is desirable and practical to separate a use by distance as well as sight-obscuring materials. The L5 standard requires a berm between four (4) and six (6) feet high. If the berm is less than six (6) feet high, low shrubs that meet the L2 standard must be planted on top of the berm to assure that the overall screen height is 6 feet. In addition, one tree is required per thirty (30) lineal feet of berm or as appropriate to provide a tree canopy over the landscaped area. Grass or other ground cover plants must fully cover the remainder of the landscaped area.
    6. F1, Partially Sight-Obscuring Fence. The F1 fence standard provides a tall, but not totally blocked visual separation. The standard is applied where a low level of screening is adequate to soften the impact of the use or development, or where visibility between areas is more important than a total visual screen. It is applied in instances where landscaping is not necessary and where nonresidential uses are involved. Fences must be six (6) feet high and at least fifty (50) percent sight-obscuring. Fences may be made of wood, metal, bricks, masonry or other permanent materials.
    7. F2, Fully Sight-Obscuring Fence. The F2 fence standard provides a tall and complete visual separation, and is intended to be used in special instances where complete screening is needed to protect abutting uses, and landscaping is not practical. It is usually applied in nonresidential situations. Fences must be six (6) feet high and one hundred (100) percent sight-obscuring. Fences may be made of wood, metal, bricks, masonry or other permanent materials.
       

EXHIBIT 4
MINIMUM BUFFERING/LANDSCAPING REQUIREMENTS

  Existing Adjacent Use
Proposed Use Agriculture Single- Two- family Subdivisions (1) Low Impact Medium Impact High Impact
Agriculture None None None None None None
Single-, Two- family None None None None None None
Subdivisions (1) L1 L1 None 10 ft./L2 20 ft./L3 25 ft./L3
Low Impact L1 10 ft./L2 10 ft./L2 None 10 ft./L2 20 ft./L3
Medium Impact 10 ft./L1 20 ft./L3 20 ft./L3 10 ft./L2 None 10 ft./L2
High Impact 10 ft./L2 20 ft./L3 20 ft./L3 20 ft./L3 10 ft./L2 None

(1) Landscaping required around perimeter of subdivision (not individual lots).

When indicated by shading, standard reflects the maximum that may be required. If all or part of the landscaping or buffer have been provided on the adjacent property, the proposed use need provide only that amount which has not been provided on the adjacent property.

    4.  Plant Materials.

    1. Shrubs and Ground Cover. All required shrubs must be of sufficient size and number to meet the required standards within three (3) years of planting. Mulch (as a ground cover) must be confined to areas underneath plants and is not a substitute for ground cover plants. Sod or existing grass may be utilized as ground cover.
    2. Trees. Trees may be deciduous or evergreen. Deciduous trees at the time of planting must be fully branched, have a minimum diameter of one and three-fourths (1 _) inches, measured five (5) feet above the ground, and have a minimum height of eight (8) feet. Evergreen trees at the time of planting must be fully branched and a minimum of six (6) feet in height. In the buffer area between abutting properties, no tree which could be expected to exceed fifteen (15) feet in height at maturity shall be planted within fifteen (15) feet of a property line.
    3. Existing Vegetation. Existing landscaping or natural vegetation may be used to meet the standards, if protected and maintained during the construction phase of the development. When the existing trees are at least twelve (12) inches in diameter, measured five (5) feet above the ground, they may count triple towards meeting the tree requirements of a landscaping standard.
    4. Selection of Materials. Landscape materials should be selected and sited to produce a hardy and drought-resistant landscape area. Generally, plant materials should be those that will withstand the climate conditions of Hardiness Zone 4.
    5. Exceeding Standards. Landscaping materials that exceed the standards may be substituted for the minimums so long as all fence or vegetation height limitations are met, including the vision clearance standards of this Ordinance.
    6. Complying with Standards. It is the applicant's responsibility to show that the landscaping materials proposed will comply with the regulations of this Ordinance.

    5.  Installation, Maintenance and Protection. Plant materials must be installed to current nursery industry standards. Plant materials must be supported when necessary due to extreme winds at the planting site. Where support is necessary, stakes, guy wires or other measures must be removed as soon as the plant can support itself. Maintenance of landscaped areas is the ongoing responsibility of the property owner. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced in kind. A fine may be levied if the landscaping has not been maintained, and new plants required to be planted. All required landscaped areas, particularly trees and shrubs, must be protected from potential damage by adjacent uses and development, including parking and storage areas.

    6.  Landscaped Areas on Corner Lots. All landscaped areas on corner lots must meet the standards of Sec. 13-1-57(7), Vision Clearance Standards. If high shrubs or other sight-obscuring screening is required by a provision of this Ordinance, low screening must be substituted within vision clearance areas.

    7.  Landscape Plans. Landscape plans must be submitted showing all landscaped areas. Plans must be drawn to scale and show type, size, number, and placement of materials. Materials may be identified with both their scientific and common names.

    8.  Completion of Landscaping. The installation of any required landscaping may be deferred during the summer or winter months to the next planting season, but never for more than one year. In this instance, a Temporary Occupancy Permit may be issued prior to the installation of all required landscaping. In all instances, all required landscaping must be installed prior to the issuance of a final Occupancy Permit.

Sec. 13-1-53 Parking and Loading

  1. Purpose. This subsection establishes the standards for the amount, location, and development of motor vehicle parking, and standards for on-site loading areas. Other Town Ordinances may regulate other aspects of parking and loading. The regulations controlling parking have the following specific objectives:
    • Provide safe, efficient circulation and movement of motor vehicles;
    • Direct traffic in parking areas;
    • Shade and cool parking areas;
    • Provide a pedestrian access that is protected from auto traffic;
    • Improve and soften the appearance of parking areas;
    • Reduce the visual impact of parking areas from sidewalks, streets, and especially from adjacent residential zones; and
    • Decrease airborne and waterborne pollution.
  2. Applicability. The regulations of this Section apply to all parking areas in all zones.
  3. (3) Occupancy. All required parking areas must be completed and landscaped prior to occupancy of any structure except as provided in Sec. 13-1-52, Landscaping and Screening.
  4. Use of Required Parking Spaces. Required parking spaces must be available for the use of residents, customers, or employees of the use. Required parking spaces may not be assigned in any way to a use on another site, except for joint parking situations as allowed by Sec. 13-1-53(7). Required parking spaces may not be used for the storage of goods or inoperable vehicles.
  5. Proximity of Parking to Use. Required parking spaces for residential uses must be located on the site of the use. Required parking spaces for nonresidential uses must be located on the site of the use or in parking areas whose closest point is within 300 feet of the site.
  6. Required Parking Spaces. The minimum or maximum number of parking spaces for all use categories is stated in Exhibit 5. The standards in Exhibit 5 apply unless specifically superceded by other portions of this Ordinance. Alternative standards to those shown in Exhibit 5 may be accepted if the applicant demonstrates that such standards better reflect local conditions. Uses not specifically listed in Exhibit 5 shall be treated as a listed use of a similar nature. Since the purpose of required off-street parking spaces is to provide enough on-site parking to accommodate the majority of traffic generated by the range of uses that might locate at the site over time, the required parking numbers correspond to broad use categories, not specific uses, in response to this long-term emphasis.
    1. The number of parking spaces is computed based on the primary use of the site except as stated in Paragraphs (b) and (c) below.
    2. When there are two or more separate uses on a site (such as a home occupation), the required parking for the site is the sum of the required parking for the individual uses. For joint use parking, see Sec. 13-1-53(7) below.
    3. When a use has more than twenty (20) percent of its floor area in a distinct function (ie. office, warehouse, or retail), required parking is calculated separately for each function. An example would be a 40,000 square foot use with a 10,000 square foot office area and a 30,000 square foot warehouse. The required parking would be computed separately for the office and warehouse.
  7. Joint Use Parking. Joint use of required parking spaces may occur where two or more uses on the same or adjacent sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required nonresidential parking spaces is allowed if the following documentation is submitted in writing to the Permit Issuer as part of a Building Permit application or Occupancy Permit application:
    1. (a) The names and addresses of the uses and of the owners or tenants that are sharing the parking;
    2. (b) The location and number of parking spaces that are being shared;
    3. (c) An analysis showing that the peak parking times of the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and
    4. (d) A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses.
  8. Residential Driveway Parking. Driveway surface areas shall count as off-street parking spaces for the unit served by the driveway if there is an open surface area measuring at least one hundred-eighty (180) square feet and no portion of an automobile parked in the area will extend into public right-of-way.
  9. Enlargement of Use. Whenever a non-residential structure or use is enlarged by twenty-five (25) percent or more of the unit used to calculate parking spaces (e.g. gross floor area, seats, employees, etc) such new parking space requirements must be met.
  10. Parking Development Standards. The following development standards promote vehicle areas that are safe and attractive for motorists and pedestrians. These standards apply to all vehicle areas whether required or excess parking.
    1. Parking Space Dimensions. The minimum size of a required parking space is nine (9) feet by eighteen (18) feet. Where nonrequired parking is provided on a site, at least one nonrequired parking space must meet the minimum size for required spaces. A portion of a standard parking space may be landscaped instead of paved. The landscaped area may be up to two (2) feet of the front of the space as measured from a line parallel to the direction of the bumper of a vehicle using the space. Landscaping must be ground cover plants.
    2. Disabled Parking. The following disabled person parking standards and access standards are regulated through Uniform Building Code as adopted by the Town
      1. Dimensions of disabled person parking spaces and access aisles;
      2. The minimum number of disabled person parking spaces required;
      3. Location of disabled person parking spaces and circulation routes;
      4. Curb cuts and ramps including slope, width and location;
      5. Signage and pavement markings.
    3. Parking Aisle Dimensions. Minimum with of aisles providing access to stalls for one-way traffic shall be eleven (11) feet for thirty-degree (30°) angle parking and twenty (20) feet for ninety-degree (90°) parking. Minimum with of aisles providing access to stalls for two-way traffic shall be twenty four (24) feet.
    4. Surfacing. All driveways and parking areas, other than those for residential and agricultural use, must be surfaced with a durable surface consisting of concrete or asphalt or of compacted gravel or crushed stone.
    5. Access. All parking areas must be designed to allow vehicles to enter and exit the roadway in a forward motion. However, this does not apply to parking areas with one or two spaces and whose only access is on a local service street.
    6. Setbacks and Perimeter Landscaping. Perimeter landscaping of parking areas must meet at least the L2 standard. The landscaping requirements also apply to parking area driveways. Parking areas must meet the setback requirements of the underlying zoning district.
    7. Parking Area Interior Landscaping. All hard-surfaced parking areas with more than ten (10) spaces must provide interior landscaping complying with one or a mix of both the Options stated below. Trees and shrubs must be protected from potential damage by vehicles through the use of bollards, curbs, wheel stops, or other physical barriers. Interior parking area landscaping must be dispersed throughout the parking area. Some trees may be grouped, but the groups must be dispersed. Perimeter landscaping may not substitute for interior landscaping. Parking areas that are thirty (30) feet or less in width, and all non-hard surfaced parking areas may locate their interior landscaping around the edges of the parking area. Interior landscaping placed along an edge is in addition to any required perimeter landscaping.
      1. Option 1. Interior landscaping must be provided at the rate of ten (10) square feet per stall. At least one tree must be planted for every two hundred (200) square feet of landscaped area. Ground cover must completely cover the remainder of the landscaped area.
      2. Option 2. One tree must be provided for every six (6) parking spaces. If surrounded by cement, the tree planting area must have a minimum dimension of four (4) feet. If surrounded by asphalt, the tree planting area must have a minimum dimension of three (3) feet.

EXHIBIT 5
REQUIRED PARKING

Use Required Off-Street Parking Spaces
Residential (per Dwelling Unit)
Single- and Two-Family
  1-3 Bedrooms
  4 or more Bedrooms
Multiple-Family
Mobile/Manufactured Home Parks
Non-Residential
  Automobile Service or Repair
  Bed and Breakfast
Bowling Alley
Campgrounds
Car Wash
Church/Synagogue
Convenience Store
Financial Institutions
Funeral Home
Hotel and Motel
Library
Offices (Medical and Professional)
Research
Restaurant
  Dine-in
  Fast-food Establishments
Retail Establishments (General)
Service Establishments (General)
Storage Areas
Tavern
Theater
Manufacturing, Industrial (General)
  
  
2 per dwelling unit
3 per dwelling unit
1 per 1 BR unit, 2 per 2+ BR units, plus 1 per 4 units
2 per home site, plus 1 per 4 home sites
  
2 spaces, plus 1 per 100 square feet GFA
1 per guest room
4 per lane
3 per every 2 campsites
1 per each washing and vacuuming bay
1 per 4 seats
4 spaces, plus 1 per 250 square feet GLA over 1,000 sq. ft.
1 per 300 square feet GFA
1 per 3 seats
1 per guest room plus 10 per 1,000 sq. ft. GFA meeting area
1 per 300 square feet GFA
1 per 250 square feet GFA
1 per 1,000 square feet GFA
  
1 per 3 seats
1 per 30 square feet GFA
1 per 250 square feet GFA
1 per 300 square feet GFA
1 per 5,000 square feet GLA
1 per 3 seats
1 per 3 seats
1 per 2 employees on maximum working shift

GFA = Gross Floor Area
GLA = Gross Leasable Area

    11.  Loading Area Requirements. It is the intent of this Section to provide adequate on-site areas to allow for the loading and unloading of vehicles, to prevent traffic hazards and allow for the free flow of traffic on public rights-of-way. On every lot on which a business, commercial or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated in Exhibit 6 for the loading and unloading of vehicles off the public right-of-way.

    12.  Location and Screening of Loading Areas. Required on-site loading space shall be located on the same lot as the principal use requiring such space. No loading space shall be located within thirty (30) feet of the nearest point of intersection of two streets or require any vehicle to back into a public street or road. All loading areas shall be landscaped to at least the L3 level.

    13.  Loading Space Dimensions. Each on-site loading space shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet, and a vertical clearance of at least fourteen (14) feet. For funeral homes, the dimensions shall be reduced to a width of ten (10) feet, a length of twenty-five (25) feet, and a vertical clearance of eight (8) feet.

    14.  Multiple or Mixed Uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such minimumum, then on-site loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.

EXHIBIT 6
LOADING SPACE REQUIREMENTS

Use Gross Floor Area (GFA) Required Spaces
Retail, wholesale, warehouse, service,
manufacturing and industrial establishments
  
2,000 – 10,000

10,001 – 20,000

20,001 – 40,000

40,001 – 60,000

Each add’l 40,000
  
1
2
3
4
1
Hotels, motels, medical and professional
offices and places of public assembly
 
5,000 – 10,000

10,001 – 50,000

50,001 – 100,000

Each add’l 25,000
 
1
2
3
1
Funeral homes 2,500 – 4,000
4,001 – 6,000

Each add’l 10,000
1
2
1


Sec. 13-1-54 Off-Site Impacts of Nonresidential Uses

  1. Purpose. The regulations of this subsection are designed to protect residential structures from certain objectionable off-site impacts associated with nonresidential uses. These impacts include noise, vibration, odors, and glare. The standards ensure that uses provide adequate control measures or locate in areas where the community is protected from health hazards and nuisances. The use of objective standards provides a measurable means of determining specified off-site impacts. This method protects specific industries or firms from exclusion in a zone based solely on the general characteristics of similar industries in the past.
  2. Applicability/Exemptions. Nonresidential uses in all zones that cause off-site impacts to residential uses are required to meet the standards of this Ordinance. Sec. 13-1-54 does not apply to machinery, equipment, and facilities that were at the site and in compliance with existing regulations on the effective date of this Ordinance. Any new or additional machinery, equipment, and facilities must comply with the standards of this Ordinance. Documentation is the responsibility of the proprietor of the use if there is any question about when the equipment was brought to the site.
  3. Relationship to Other Regulations. The off-site impact standards are in addition to all other regulations of the Town. The standards do not replace or supercede the provisions of Chapter 823, Wisconsin Statutes (Wisconsin “Right-to-Farm” Law), relevant regulations set forth in the Wisconsin Administrative Code, relevant county regulations, or standards such as the Uniform Building Code. These standards do not supercede or prohibit the enforcement of other Town of Empire ordinances enacted to regulate nuisances. These regulations do not apply to the performance of customary farming operations.
  4. Documentation in Advance. The Permit Issuer is empowered to require advance documentation that a proposed use will conform to these standards. At the Permit Issuer’s discretion, any of the following additional information may be required of the applicant prior to approving a building permit:
    1. Use Description. A description of the use or activity regarding processes, materials used, storage, waste disposal, types of machinery and other such items as it relates to off-site impacts. However, the applicant is not required to reveal any trade secrets which would cause any secret manufacturing procedure, compound or product to become public knowledge and available to competitors;
    2. Abatement Devices. An explanation of any mechanisms or techniques which are proposed to restrict any hazardous or nuisance effects, including the type and location of any abatement devices and/or recording instruments to measure conformance with the required standard; and
    3. Expert Evaluation. An evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed activity can achieve the off-site impact standard or standards in question.
  5. Measurement. Measurements for compliance with these standards are made from the property line or within the property of the affected site. Measurements may be made at ground level or at habitable levels of buildings. If the Town does not have the equipment or expertise to measure and evaluate a specific complaint, it may request assistance from another state or county agency or may contract with an independent expert to perform such measurements. The Town may accept measurements made by an independent expert hired by the controller or operator of the off-site impact source. If the Town contracts to have measurements made and no violation is found, the Town will bear the expense, if any, of the measurements. If a violation is found, Town expenses will be charged to the violator. Nonpayment of the costs is a violation of this Ordinance, and enforced through the provisions of Sec. 13-1-79, Zoning Ordinance Enforcement.
  6. Noise. No operation or activity shall transmit any noise exceeding 70 dBA from 7:00 a.m. to 10:00 p.m. and 60 dBA from 10:00 p.m. to 7:00 a.m. The following are exempt from these regulations:
    1. Noises from temporary construction or maintenance activities during daylight hours;
    2. Noises from emergency, safety or warning devices;
    3. Noises not directly under the control of the property owner.
  7. Vibration. Continuous, frequent, or repetitive vibrations that exceed 0.002g peak may not be produced. In general, this means that a person of normal sensitivities should not be able to feel any vibrations. The following are exempt from these regulations:
    1. Vibrations lasting less than five (5) minutes per day;
    2. Vibrations from temporary construction or maintenance activities and vehicles which leave the site; however, vibrations from primarily on-site vehicles and equipment are not exempt.
      Seismic or electronic vibration measuring equipment may be used for measurements when there are doubts about the level of vibration.
  8. Odor. Continuous, frequent, or repetitive odors may not be produced. The odor violation threshold is the point at which an odor is detectable at the property line. However, an odor detected for less than 15 minutes per day is exempt. Odor measuring equipment may be used for measurements when there are doubts about the level of odor. Scentometer reading No. 0 is generally the point at which an odor is dectectable. Scentometer No. 0 is 1 to 2 dilutions of clean air.
  9. Glare, Lighting. Glare is illumination caused by all types of lighting and from high temperature processes such as welding or metallurgical refining. Glare may not cause illumination, either directly from the source, or indirectly from reflection, visible from another property. All light sources shall be hooded or shielded so that the lamp is not visible from adjacent properties or public rights-of-way. Strobe lights are not permitted in any cases. However, typical farm yard lights are exempt. Light measuring equipment may be used for measurements when there are doubts about the level of illumination. 0.5 foot candles of light, measured at the property line, is the presumptive level of violation.

Sec. 13-1-55 Signs

  1. Purpose. The purposes of regulating signage in the Town of Empire are to:
    1. Encourage the effective use of signs as a means of communication;
    2. Maintain and enhance the aesthetic environment;
    3. Improve pedestrian and traffic safety by providing adequate directional signage and limiting distracting signage in transportation areas;
    4. Minimize the possible adverse effect of signs on nearby public and private property;
    5. Enable the fair and consistent enforcement of these sign regulations.
  1. Applicability/Exemptions. A sign may be erected, placed, established, painted, created, or maintained in the Town only in conformance with the requirements of this Section. The following signs shall be exempt from regulation under this Section:
    1. Public notices or warnings required by a valid and applicable federal, state or local law, regulation or ordinance;
    2. Official government traffic control signs, such as Stop, Yield, or similar signs which meet Department of Transportation standards;
    3. Community information signs;
    4. Signs or numbers identifying the street address of a building;
    5. Works of art that do not contain or include a commercial message;
    6. Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot on which such sign is located.
  2. Definitions Related to Signs.
    ABANDONED SIGN:
    A sign structure that does not contain a sign for one hundred-twenty (120) continuous days or more.
    AGRICULTURE SIGN: A sign advertising agricultural products being sold on the farm on which such products are produced.
    APARTMENT SIGN: An on-premises sign that provides identification for a multi-family building or buildings.
    AUXILIARY SIGN: A sign attached to the primary sign that provides supplemental information such as services, price, hours of operation, directions, warning, etc.
    AWNING: A retractable fabric, plastic or other semi-permanent awning, canopy or other structural protective cover over a door, window, entrance or outdoor service area. (See also MARQUEE).
    AWNING SIGN: A sign incorporated into or attached to an awning. (See also MARQUEE SIGN).
    BACK-TO-BACK SIGN: Signs that are mounted back to back with the sign faces in opposing directions or on a 'V-shaped' frame with an internal angle of less than 40 degrees. 'V-shaped' frame signs with an internal angle larger than 40 degrees shall be considered side-by-side signs.
    BANNER: A sign, with no enclosing framework, made of fabric, plastic or other nonrigid material.
    COMMUNITY INFORMATION SIGN: A municipally-owned sign which displays information of interest to the general community regarding public places, events or activities.
    CONSTRUCTION SIGN: A temporary sign which describes or identifies a demolition or construction project taking place on the premises.
    CROP SIGN: A temporary sign which designates a variety, brand, or provides other identification of an agricultural crop, fertilizer, herbicide or pesticide that is being grown or used at a specific location.
    DEVELOPMENT SIGN: An on-premises sign that directs attention to the pending development of a property
    DIRECTIONAL SIGN: An on-premises sign that provides only directions for pedestrian or vehicular traffic, e. g., enter, exit, parking, or location of any place or area on the same premise.
    DOUBLE-DECKED SIGN: Freestanding signs that are mounted one above the other, not including group signs.
    ELECTRONIC SIGN: An advertising sign whose message may be changed by electronic process.
    FARM SIGN: An on-premises sign identifying a farm by its name or by the farmer's name.
    FREESTANDING SIGN: A sign on a frame, pole, pylon, concrete or masonry foundation or other support structure that is not attached to any building.
    GARAGE SALE SIGN: A sign advertising the occasional sale of personal property items. A garage sale sign does not include signs advertising business products or produce.
    GRAPHIC SIGN: A sign that is an integral part of a building facade. The sign is painted directly on or otherwise permanently embedded in the facade.
    GROUP SIGN: An on-premises, freestanding sign displaying the names of a group of businesses that are located in the same locale such as a shopping center, office park, commercial or industrial park.
    HOME OCCUPATION SIGN: A sign that advertises a permitted home occupation.
    LOGO: An emblem, symbol or trademark identification placed on signs.
    MARQUEE: Any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. (See also AWNING).
    MARQUEE SIGN: A sign incorporated into or attached to a marquee. (See also AWNING SIGN).
    MOBILE OR PORTABLE SIGN: A sign mounted on a frame or chassis designed to be easily relocated and not permanently affixed to the ground or other structure.
    MOBILE HOME PARK SIGN: A permanently installed sign located on the mobile home park property that identifies the mobile home park name.
    MONUMENT SIGN: A freestanding sign where the base of the sign structure is on the ground or a maximum of twelve (12) inches above the adjacent grade. The width of the top of the sign structure may be no more than one hundred-twenty (120) percent of the width of the base.
    OFF-PREMISE ADVERTISING SIGN: A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than upon the premises where the sign is located, not including off-premise REAL ESTATE SIGNS, AGRICULTURAL SIGNS, or GARAGE SALE SIGNS.
    ON-PREMISE ADVERTISING SIGN: A sign which directs attention to a business, commodity, service, items or entertainment sold, offered or conducted upon the premises where the sign is located.
    POLITICAL SIGN: A sign carrying a message related to a political party, a candidate for public office or a political issue.
    PUBLIC, SEMI-PUBLIC, INSTITUTIONAL SIGNS: A permanently installed on-premises sign that identifies any “Public, Semi-Public, Institutional” use, as those uses are specified in Exhibit 1: District Use and Impact Classifications.
    PROJECTING SIGN: An on-premises advertising sign, other than a wall sign that is attached to and projects out from a wall or a building.
    REAL ESTATE SIGN: A sign that provides identification of property that is for lease, rent or sale.
    ROOF SIGNS: A sign constructed wholly on and over the roof of a building, supported, in part, by the roof structure, and extending vertically above the highest portion of the roof. Signs located on roofs that are integral or essentially integral parts of the roof and that do not extend above the highest portion of the roof (such as signs located on mansard roofs) shall be regulated as wall signs.
    SIGN: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol or writing to communicate information of any kind to the public.
    SIGN COPY AREA: The total area of a sign face which may be used for display of advertising, message announcement, etc.
    SIGN FACE: The total surface of a sign including the trim and copy area.
    SIGNABLE WALL AREA: The designated area of the wall of a building, up to the roof line, which is free of windows and doors or major architectural detail.
    SUBDIVISION SIGN: A permanently installed sign located on the subdivision property that identifies the subdivision name.
    TEMPORARY SIGNS: Signs which are installed for a limited time period for the purpose of advertising a forthcoming event, e. g., retailer's signs temporarily displayed for the purpose of informing the public of a sale or special offer, garage sale signs, church or club event signs, etc. A permanently mounted sign shall not be considered as temporary even though the message displayed is subject to periodic changes.
    TRIM: A separate boarder or framing around the copy area of a sign.
    V-SHAPED FRAME: A sign support structure that will accommodate two or more signs mounted on the same structure, where the internal angle separating at least two of the signs is greater than forty-five (45) degrees.
    WALL SIGN: A sign mounted on and parallel to a building wall or other vertical building surface that projects no more than eighteen (18) inches from such surface.
    WINDOW SIGN: A sign placed inside a window or upon the window panes or glass that is visible from the exterior of the window
  3. Permitted Signs. Exhibits 7 and 8 set forth the types of signs permitted in each zoning district. Unless otherwise noted, All signs not expressly permitted by Exhibits 7 or 8, or exempt from regulation under Sec. 13-1-55(2) above, are prohibited. Prohibited signs include, but are not limited to double-decked signs; inflatable signs and tethered balloons; mobile or portable signs for other than temporary use; projecting signs; roof signs; and signs incorporating beacons, flashing or rotating lights.

      EXHIBIT 7: AREA, HEIGHT AND NUMERICAL LIMITATIONS ON SIGNS

      EXHIBIT 8: AREA AND NUMERICAL LIMITATIONS ON PARTICULAR SIGNS PERMITTED IN BD AND ID DISTRICTS ONLY

  1. Restrictions by Zoning District. Exhibits 7 and 8 (and footnotes thereto) also set forth restrictions related to the area, height and number of permitted signs by zoning district. The characteristics of all signs must conform to those set forth in Exhibits 7 and 8, and any additional limitations for specific circumstances listed in Sec. 13-1-55(7) below.
  2. Calculation of Sign Copy Area. The total sign copy area of all on-premise signs related to a business shall not exceed the maximum permitted sign copy area set forth in Exhibit 7. For the purposes of these regulations, sign copy area shall be calculated in the following manner:
    1. The copy area of signs that have a border or trim shall consist of the entire surface area of the sign on which copy could be placed.
    2. Copy area of a sign whose message is applied to a background which provides no face, border or trim shall be the area of the smallest rectangle which can encompass all words, letters, figures, emblems and other elements of the sign message.
    3. The supporting structure or bracing of a sign shall not be counted as a part of sign copy area unless such structure or bracing is made a part of the sign's message.
  3. Specific Regulations for Individual Signs. The regulations contained in this Section shall apply to signs in all zoning districts unless otherwise indicated. The regulations set forth in this subsection supplement the specific requirements set forth in Exhibits 7 and 8.
    1. Auxiliary signs may only provide supplemental information such as services, price, hours of operation, directions, warning, etc., and may not include any other information regarding product lines. The logo or name of the related business may be included.
    2. Construction signs shall identify the project and may include the names of the contractors, engineers or architect, or products being used in the construction of a building but only during the time that construction or development is actively under way.
    3. The copy area of back-to-back monument or freestanding signs shall be computed using the copy area of only one side. The side used shall be the larger of the two sides.
    4. The copy area of monument or freestanding signs utilizing a V-shaped frame shall be computed by summing the copy area of all sides supported by the frame.
    5. Directional signs, not more than four (4) square feet in area, are permitted in all districts. The number of directional signs permitted per lot shall be the minimum necessary to provide adequate information for safe pedestrian and vehicular movement.
    6. Farm signs are limited to on-premise signs identifying a farm by its name or by the farmer's name and may contain additional historical information such as date of founding or century farm designation or name or logo of the sign sponsor.
    7. Logos may contain only the emblem or name of the business located on the same property or, on farm and crop signs, the name or emblem of the business sponsoring the signs. Logos may not be larger than fifty (50) percent of the sign copy area and shall be included within said copy area.
    8. Permanent political signs installed on underlying structures capable of being classified as specific types of signs, such as awning signs, freestanding signs, monument signs, etc. shall comply with all regulations applicable to the underlying sign structure.
    9. Temporary political signs which promote a particular candidate or candidates for a particular election, may be erected and maintained otherwise unrestricted by this ordinance, except that all such signs shall conform to the vision clearance standards, shall not be erected in a highway right-of-way, shall not exceed thirty-two (32) square feet in sign area, shall not be erected more than seventy (70) days prior to the election and shall be removed not later than ten (10) days after the election.
    10. Each primary building housing a separate unaffiliated business on a parcel is allowed to have the total related signs as permitted by this ordinance, subject to total sign copy area restrictions (i.e., each building in a complex shall be entitled to the total number of signs). Businesses located in one building must utilize one group sign only.
  4. Calculation Of Height Regulations.
    1. Awning Signs. The height will be measured from base of the building below the awning to the top of the awning.
    2. Freestanding Signs. The height will be measured from the elevation of the centerline of the adjacent road to the top of the sign.
    3. Marquee Signs. The height will be measured from base of the building below the marquee to the top of the marquee.
    4. Monument Signs. The height shall be measured from ground level beneath the sign to the top edge of the sign.
    5. Wall Signs. Wall signs shall not extend beyond the end of any wall or other surface to which they are mounted, nor shall they project more than eighteen (18) inches from its surface. For a wall sign, the height shall be measured from the base of the building below the sign to the top of the sign face. The top of the sign may not be higher than the top of the wall on which it is mounted.
  5. Illumination; Other Design Requirements.
    1. Illuminated signs are prohibited in the A-1 and R-1 Districts, except for freestanding apartment signs. Illumination of signs must be designed so that the lighting element is shielded from view from any adjacent residence and from vehicular traffic. Neon and fiber-optic lighting and electronic signs are exempt from this regulation.
    2. No sign shall use any word, phrase, symbol, shape, form or character in such manner as to interfere with moving traffic, including signs that incorporate typical street-type or traffic control-type sign designs and colors. No sign may be installed at any location where by reason of its position, wording, illumination, size, shape or color it may obstruct, impair, obscure, interfere with the view of, or be confused with, any official traffic control sign, signal or device.
    3. Except for time and temperature signs and electronic signs, no fluttering, undulating, rotating, or other moving signs shall be permitted.
    4. Plantings or structures that exceed thirty (30) inches in height are prohibited beneath freestanding signs.
    5. Sign trim is permitted on all signs and may be installed around the outside of the sign copy area. The square foot area of the trim shall not be greater than twenty-five (25) percent of the permitted copy area of the sign.
    6. No sign, temporary or otherwise, shall be affixed to a tree or utility pole, or be painted on a stone.
  6. Setbacks; Other Locational Regulations
    1. All signs shall be located a minimum of five (5) five feet from the road right-of-way, except as otherwise provided by this ordinance.
    2. All signs shall be located a minimum of five (5) feet from side and rear lot lines.
    3. On-premise freestanding or monument signs advertising commercial businesses may be located no farther than two hundred (200) feet from the primary building of the business advertised.
    4. When determining distance between signs or distance from lot for purposes of off-premises signs, distance measurements shall be measured along the pertinent right-of-way lines.
  7. Visibility Standards. All signs shall be erected or maintained in conformance with Sec. 13-1-56(7), Vision Clearance Standards. No sign may block or interfere with the visibility for ingress or egress of a driveway.
  8. Sign Maintenance. All signs within the jurisdiction of this ordinance shall remain in a state of proper maintenance. Proper maintenance shall be the absence of loose materials including peeling paint, paper or other material, prevention of excessive rust, the prevention of excessive vibration or shaking and the maintenance of the original structural integrity of the sign, frame and other supports, its mounting and all components thereof. Signs found to be in violation of the provisions of this Section shall be repaired or removed.
  9. Nonconforming Signs and Uses. Signs existing prior to the effective date of this ordinance which do not conform to the provisions of the ordinance shall be nonconforming signs. Nonconforming signs shall not be rebuilt, altered or moved to a new location without being brought into compliance with the requirements of this ordinance. Routine maintenance of a sign is permitted unless the cost exceeds fifty (50) percent of the current value of the sign, if the maintenance cost is more than fifty (50) percent of the value of the sign said sign shall be considered rebuilt. Nonconforming signs shall be brought into compliance or removed when the principal use of the premises is changed to a different use
  10. Sign Permits. A permit to erect or construct a sign shall be required for all awning signs, marquee signs, and mobile signs, and any other sign with a sign copy area of eighteen (18) square feet or greater. Exceptions to this requirement are limited to temporary real estate, construction, development and agriculture signs. Anyone requesting a Sign Permit shall follow the procedure set forth in Sec. 13-1-73, Sign Permits.

Sec. 13-1-56 Access, Spacing and Vision Clearance Standards on Town Roads

  1. Purpose. This Section sets forth vehicular access and vision clearance requirements for all developments along roadways located within the Town. The Town recognizes that public roadways are public investments that require control mechanisms in order to assure both public safety and functional capacity. All private access points shall meet the requirements set forth in this Section.
  2. Applicability. Entrances to, or exits from a Town road shall be prohibited except at permitted access points. No person shall construct a access point for a private driveway, public road or road to be dedicated to the public to a Town road unless a building permit has been obtained from the Permit Issuer. Before any parcel of land is allowed to be developed, it must be proven that access can be provided in such a way that it will not violate the provisions of this Section. Vehicular access to Federal, State and County Trunk Highways shall be allowed as provided by the governing jurisdiction (i.e. access to County Trunk Highways is governed by Fond du Lac County).
  3. Access Standards. When a property owner owns more than one parcel adjacent to another with the same zoning, all with frontage on the Town road, the parcels shall be treated as a single parcel for purposes of this subsection. In the case of corner lots abutting two Town roads, regardless of parcel zoning and proposed use, access shall be granted to the Town road with the lower average daily traffic (ADT) whenever possible
    1. Parcels Zoned EAU, AT, A-1 or R-1. Multiple access points for parcels zoned EAU, AT and A-1 are permitted so long as the horizontal distance between the center lines of access points meet the spacing standards set forth below.
    2. Parcels zoned R-1 shall be permitted one access point per parcel.
    3. Parcels Zoned BD or ID. Parcels zoned BD or ID are allowed one access point per fifty (50) required parking spaces. Each access point must meet the criteria of this Section. Access points must provide for safe, efficient movement of traffic by allowing vehicles to enter and exit the roadway in a forward motion.
  4. Spacing Standards. The spacing of access points to lots and parcels shall be determined as a function of Town road speed limits. Access points shall not be allowed when the horizontal distance between the center lines of the proposed access point and an existing access point, or between the center lines of the proposed access point and an existing intersection would be less than the following distances:
    1. Town road speed limit 35 m.p.h. or less: Two hundred (200) feet.
    2. Town road speed limit 36 m.p.h. to 55 m.p.h.: Three hundred (300) feet.
  5. Stopping Sight Distance Standard. Access points shall not be allowed unless the applicant can demonstrate that the location of the access point complies with the stopping sight distance standards set forth in Exhibit 9. The stopping sight distance is a function of the Town road speed limit and road curvature (horizontal and vertical). A person standing fifteen (15) feet back from the intersection of the access point center line with the Town road right-of-way shall have an unobstructed view of persons standing in the center of the nearest oncoming lane of the Town road in each direction according to Exhibit 9.

    EXHIBIT 9
    STOPPING SIGHT DISTANCE FOR DRIVEWAY LOCATION
      
    Speed Limit on Town Road
    (miles per hour)
    Minimum Sight Distance
    Required (“D”)
    25 150'
    30 200'
    35 250'
    40 325'
    45 400'
    50 475'
    55 or greater 600'

       
  6. Design Standards. Access points must comply with the following design standards:
    1. Private Driveways. Private driveways with access to one or two agricultural or residential parcels shall have a width between sixteen (16) and twenty-four (24) feet and a return radius of twenty (20) feet.
    2. Other Driveways. Driveways serving commercial, industrial and other residential developments not identified in (1) above shall meet the driveway specification standards on file with the Permit Issuer.
    3. Culverts. Culverts shall be a minimum of fifteen (15) inches in diameter and placed under at least one foot of cover. Culverts must be constructed of corrugated metal or concrete with end walls.
    4. Slopes. Slopes to the side of the access shall not be steeper than 4:1 (25 percent) or that of the embankment of the Town road, whichever is less.
    5. Retaining walls. Retaining walls are prohibited.
    6. Pavement. Pavement of driveway access shall consist of blacktop or compacted gravel only.
    7. Drainage. Construction of access shall be such that drainage of the Town road shall not be impeded.
    8. Curb and Gutter. When applicable, existing curb and gutter shall be removed at the entrance for new access and new curb and gutter must be provided within the right-of-way.
    9. Angle. Angle of access shall be as close to ninety (90) degrees eith the center line of the Town road as possible, but in no case less than seventy-five (75) degrees.
  7. Vision Clearance Standards. On corner lots in all zoning districts, nothing shall be placed or allowed to grow in such a manner as to obstruct vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the following dimensions:
    1. Intersection of Stop Roads/Driveway Access Points with Through Roads (Federal, State, County or Town Roadways). The vision clearance area at stop intersections where a stop road/driveway access point intersects with a through roadway (Federal, State, County or Town roadway) is a function of the speed limit of the through road. A person standing fifteen (15) feet back from the intersection of the right-of-way lines on the stop road must have an unobstructed view to a point on the center line of the through road according to Exhibit 10.
    2. No-Stop Intersections. At no-stop intersections, a person standing at a location on the center line of any road one hundred-ninety (190) feet from the intersection of the center lines has an unobstructed view to a point located on the center line of the intersecting road one hundred-ninety (190) feet from the intersection of the center lines (See Exhibit 11).
    3. All-Stop Intersections. At all-stop (four-way stop) intersections, a person standing twenty-five (25) feet back from the intersection of the right-of-way lines on the stop road has an unobstructed view to a point on the right-of-way of the intersecting road located twenty-five (25) feet from the intersection of the right-of-way lines (See Exhibit 12).

      EXHIBIT 10
      VISION CLEARANCE FOR DRIVEWAY ACCESS AND STOP INTERSECTIONS

      EXHIBIT 11: VISION CLEARANCE AT NO-STOP INTERSECTIONS
      EXHIBIT 12: VISION CLEARANCE AT STOP INTERSECTIONS

Sec. 13-1-57 Highway Setbacks

  1. Purpose. Highway setback lines are established in the Town of Empire to protect the health and safety of residents and travelers by providing adequate unobstructed separation between transportation corridors and temporary and permanent structures.
  2. Setback Distances. Except as provided in Sec. 13-1-57(3) below, no structure or portion thereof constructed or erected after the effective date of this ordinance is permitted within the setback distance provided in Exhibit 13.
     
    EXHIBIT 13
    HIGHWAY SETBACK DISTANCES
      
    Highway Classification
    The Greater of…
       Setback from Center Line Setback from Right-of-Way Line
    Federal and State
    Highways
    110 feet 50 feet
    County Highways,
    Town Roads
    100 feet 50 feet
    Streets within
    platted subdivisions
       30 feet
      

  3. Structures Within Setback Lines. The following structures may be located within the setback distance set forth in Exhibit 12, provided they do not violate the provisions of Sec. 13-1-56(7), Vision Clearance Standards:
    1. (a) Open fences.
    2. (b) Essential service utilities.
    3. (c) Underground structures not capable of being used as foundations for future prohibited above-ground structures.
    4. (d) Driveway access points permitted under Sec. 13-1-56, Access, Spacing and Vision Clearance Standards.
    5. (e) Official traffic control signs.
    6. (f) Reconstruction of damaged or destroyed residences or accessory structures in existence on the effective date of this Ordinance, if such residences or structures were initially constructed with permanent foundations.
  4. Crops, Trees, Shrubs, Other Vegetation. Nothing in Sec. 13-1-57 shall be interpreted as prohibiting the planting and/or harvesting of crops, shrubbery, trees or other vegetation within the setback distance, provided they do not violate the provisions of Sec. 13-1-56(7), Vision Clearance Standards.

Sec. 13-1-58 through Sec. 13-1-59 Reserved for Future Use

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