§ 17.50. MODIFICATIONS.
(1)
HEIGHT. The Plan Commission may permit, after review at a regularly scheduled Plan Commission meeting, the height limit to be exceeded, but such modification shall be in accordance with the following:
(a)
Agricultural structures such as barns, silos and windmills shall not exceed in height the actual distance from the nearest lot line.
(b)
Architectural projections such as spires, steeples, belfries, parapet walls, cupolas, domes, flues and chimneys may be exempted from the height limitations of this chapter.
(c)
Signal sending, receiving and relaying structures such as radio and television transmission and relay towers, not including those structures regulated in section 17.56, Germantown Code of Ordinances, and power generating structures such as windmills, shall not exceed in height the equivalent of ½ the distance to the nearest lot line. (Am. Ord. #5-02)
(d)
Essential services such as utilities, water towers and electrical power and communication transmission lines may be exempted from the height limitations of this chapter.
(e)
Public or semipublic facilities such as schools, churches, hospitals, monuments, sanatorium, libraries, governmental offices and stations may be erected to a height of 60 feet provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
(f)
The height of a ground sign may be increased to 75 feet measured from the mean base elevation of the subject property, but in no case shall the sign be more than 25 feet above the topographically highest roadway, within 200 feet of the approved sign location. In addition, the size of the ground signs may be increased from 80 square feet with a maximum of 160 square feet on all sides, to 144 square feet per side or 288 square feet on all sides. Prior to granting approval the Plan Commission must determine the following criteria have been met: (Cr. Ord. #13-05)
1.
The property shall be located within a 500 feet corridor extending from either side of the right-of-way of U.S. Highway 41/45; and
2.
The property must have the B-5 Highway Business District zoning designation; and
3.
The businesses operated on such parcels, or seeking conditional use or other approval to operate on such parcels, are intended to serve, and are economically dependent upon, traffic traveling upon U.S. Highway 41/45; and
4.
Exceptional, extraordinary or unusual circumstances or conditions exist where a literal enforcement of the sign code requirements would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that the sign code be changed; and
5.
Preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity will not be adversely affected; and
6.
The modification will not materially impair or be contrary to the purpose and spirit of the sign code or public interest.
(g)
An applicant whose request for a sign height modification under subparagraph (f) above is denied, or granted but at a lower height than requested by applicant, may seek a de novo review of the decision of the Planning Commission by the Village Board at a regularly scheduled meeting thereof. Such request shall be made by filing the same in writing with the Village Clerk within 7 days of the Planning Commission decision to be reviewed. (Cr. Ord. #13-05)
(2)
YARDS. The Plan Commission may permit, after review at a regularly scheduled Plan Commission meeting, certain yard requirements to be modified, but such modifications shall be in accordance with the following:
(a)
Accessory structures and vegetation used for landscaping and decorating may be placed in the required street yard and side yards. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sundials, bird baths, trees, shrubs and flowers.
(b)
Reserved. (Rep. Ord. #02-18; Rep. Ord. #03-18)
(c)
Architectural projections such as chimneys, flues, sills, eaves, belt courses and ornaments may project into any required yard, but such projections shall not exceed 3 feet.
(d)
Essential services, utilities and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(e)
Off-street parking is permitted in all yards of the districts, but shall not be closer than 25 feet to the right-of-way of streets when in a residential district or when abutting a residential district.
(f)
Fences in Residential Districts. (Am. Ord. #34-89; Rep. & Recr. Ord. #30-97; Am. Ord. #15-06)
1.
All fences shall be subject to review and approval of the Building Inspector prior to the issuance of a building permit.
2.
Fences in rear or side yards may be up to 6 feet in height.
3.
Fences in front yards may not exceed 4 feet in height, except a maximum height of 6 feet on approval of the Plan Commission after consideration of visibility, privacy and access concerns.
4.
No fence shall be closer than 2 feet to a public right-of-way.
5.
Fences that contain a finished side and an unfinished side, shall be installed in a manner in which the finished side faces the adjacent property. In case of a discrepancy, the Village Building Inspector shall determine which side of the fence is the finished side. (Cr. Ord. #33-99)
6.
Fences and easements. (Cr. Ord. #33-99)
(i)
Fences shall not be located within any type of easement, provided however, the Planning Commission may authorize the encroachment by a fence into a drainage easement where the owner of the land encumbered by the easement shows to the satisfaction of the Planning Commission that, considering the proposed location, design and materials of the proposed fence, the encroachment of the fence into the easement will not materially interfere with drainage flow within the easement, and, in the case of a subdivision, the homeowners association consents in writing to the encroachment, or if not in a subdivision, the adjacent landowners consent in writing.
(ii)
If the Planning Commission deems it necessary in order to make its decision to authorize an encroachment into a drainage easement by a fence, it may require that the applicant provide a report by a professional engineer providing an opinion that the encroachment will not impair drainage flow within the easement.
(iii)
If the applicant whose property abuts the drainage way shall be aggrieved by the decision of the Planning Commission, such aggrieved person may appeal the decision to the Village Board by filing a request for appeal review of the record below within 14 days of the date of the Planning Commission's decision.
7.
It is the property owner's responsibility for any lawn maintenance of lands that lie between a fence and the property line.
8.
Should it be necessary that the Village or its agent, remove the fence, the material costs (materials and labor) would be borne by the owner of the fence.
(g)
Landscaping and vegetation are exempt from the yard requirements of this chapter, except as provided in section 17.45(3) of this chapter. (Am. Ord. #30-97)
(h)
Fences in Commercial and Industrial Districts. (Rep. & Recr. Ord. #3-97)
1.
All fences shall be subject to review and approval of the Building Inspector prior to the issuance of a building permit. (Am. Ord. #14-03)
2.
Fences in rear or side yards may be up to 10 feet in height.
3.
Fences in front of the building or within the front yard setback are only permitted after approval by the Plan Commission.
4.
Fences that contain a finished side and an unfinished side, shall be installed in a manner in which the finished side faces the adjacent property. In case of a discrepancy, the Village Building Inspector shall determine which side of the fence is the finished side. (Cr. Ord. #33-99)
5.
Fences shall not be located within any type of easement. It is the property owners responsibility for any lawn maintenance of lands that lie between a fence and the property line. (Cr. Ord. #33-99)
(i)
Uncovered stairs, landings and fire escapes may project into any yard, but may not exceed 6 feet and may not be closer than 5 feet from any lot line.
(3)
ADDITIONS. Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.
(4)
AVERAGE STREET YARDS. The required street yards may be decreased in any residential or business district to the average of the existing street yards of the abutting structures on each side, but may, in no case, be less than 15 feet in any residential district and 5 feet in any business district.
(5)
CORNER LOTS. The side yard requirement for corner lots shall be the same as the street yard requirement for the next adjacent lot fronting on the street that the side yard of the corner lot faces.
(6)
RESERVED. (Rep. Ord. #19-90)
(7)
NOISE. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this chapter.
(8)
ENVIRONMENTAL ENHANCEMENT. The Plan Commission may, after reviewing appropriate building and site plans, grant limited increases in density and floor area ratio where, in the judgment of the Plan Commission, such increases are justified by the enhancement and the increases would not adversely affect the value or enjoyment of surrounding property, the provisions of municipal services, or the safe and efficient flow of traffic on neighborhood streets. The increases in density and floor area ratio shall be limited to the following:
(a)
Plazas, Malls, Etc . Plazas, malls and other pedestrian promenades or gathering places, provided they are specifically designed and appropriately developed to enhance the pleasure and comfort of the pedestrian and the aesthetic appearance of the development. Upon the approval of such plans and the provision of appropriate assurances, the Plan Commission may permit one additional percent of floor area ratio for each 100 square feet of the aforementioned enhancements in a business or manufacturing district; or one additional dwelling unit for each 2,000 square feet of the aforementioned enhancements in a residential district; however, such residential increase shall not exceed 10% of the base allowable density for the aforementioned enhancements.
(b)
Recreation Facilities . Recreation facilities intended for the free use of residents or patrons such as children's playgrounds, tennis courts and swimming or wading pools. Upon the approval of such plans and the provision of appropriate assurances, the Plan Commission may permit one additional percent of floor area ratio for each 100 square feet of the aforementioned enhancements in a business or manufacturing district; or one additional dwelling unit for each 1,000 square feet of the aforementioned enhancement in a residential district; however, such residential increases shall not exceed 20% of the base allowable density for the aforementioned enhancements.
(c)
Landscaping in a Business or Manufacturing District . Upon approval of landscaping plans and the provision of appropriate assurances, the Plan Commission may permit 1% of additional floor area ratio for each 250 square feet of landscaping in excess of that required.
(d)
Underground Parking or Underground Truck Service Areas . Upon approval of plans and the provision of appropriate assurances, the Plan Commission may permit up to 3% of additional floor area ratio for each underground public parking space, or for each underground service area, which provides space for 3 vehicles in a business or manufacturing district in excess of that required; or one additional dwelling unit for each 3 additional underground parking spaces in a residential district provided that such dwelling unit increase does not exceed 10% of the base allowable density for the provision of underground parking.
(9)
OUTDOOR VENDING MACHINES AND PRODUCT DISPENSERS. (Cr. Ord. #24-10) The Village of Germantown prefers that all vending machines and product dispensers be located inside a building. In the event that vending machines and product dispensers cannot be located within a building, such items may be allowed outside of a building in accordance with the following standards and requirements (if not already approved by the Village Plan Commission as part of a previous Site Plan approval):
(a)
Approval .
1.
The vending machines and product dispensers regulated under these provisions include, but are not limited to: propane tank dispensers, Automatic Teller Machines (ATM), media dispensers (e.g., RedBox DVD dispensers), food and beverage dispensers, bag/block ice dispensers, newspaper dispensers, clothing donation drop-off containers, etc. These regulations do not apply to the temporary display of seasonal products or merchandise.
2.
The placement and use of vending machines and product dispensers that meet all of the requirements set forth herein may be approved by the Zoning Administrator through the issuance of a zoning permit.
3.
The placement and use of vending machines and product dispensers outside of a building that cannot comply with one or more of the requirements set forth herein may only be approved by the Plan Commission through a Site Plan approval.
4.
Vending machines and product dispensers that require new electrical or plumbing require a building permit.
5.
All vending machines require a license from the Village Clerk's Office.
(b)
Location and Accessibility .
1.
Vending machines and product dispensers shall be located on the exterior of a building abutting an exterior wall.
2.
Vending machines and product dispensers shall not be located so as to impede pedestrian access, block parking areas or create an unsafe condition. A minimum of 5 feet of clearance is required in front of a vending machine or product dispenser. The Village may require the installation of bollards or other protective measures to ensure the maintenance of a safe environment around a vending machine or product dispenser.
3.
Public access to vending machines and product dispensers shall meet applicable ADA accessibility requirements.
(c)
Number .
1.
The number of vending machines and product dispensers allowed to be used is limited by the maximum amount of "display area" vending machines and/or product dispensers will occupy and shall not exceed one square foot of the footprint of the display area for every 2 feet of linear building frontage, or, 50 square feet per business, whichever is greater.
(d)
Use and Appearance .
1.
All vending machines and product dispensers selling entertainment media must comply with applicable "adult use" business and zoning regulations.
2.
The placement or use of vending machines and product dispensers shall not create an attractive nuisance.
3.
The placement and display of vending machines and product dispensers shall be coordinated with the architecture of a building and not cover up windows, landscape planters and/or decorative trim or other architectural features.
4.
Outdoor vending machines and product dispensers may be externally illuminated for security with lighting approved by the Village Planner. Internal illumination of any product display area integrated into the vending machine or product dispenser may be used as long as it does not cause glare.
5.
The use of signage on or integrated into a vending machine or product dispenser may be used provided that it only identifies and/or advertises the products available from the vending machine or product dispenser and does not constitute excessive advertising.