Evansville Water: The Movie: Part 1

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Sunday, February 28, 2010

Evansville Schools Meetings now on Mediafly.com; FREE

The meetings file for selected meetings of Evansville Schools is available in Mediafly.com and Itunes for FREE. Click on the post for the file. Click the Episodes to see all available. Choose screen size in upper right. Enjoy.

City of Evansville Meetings Now on www.mediafly.com for mobile viewing

The City of Evanville, selected meetings in video and audio, has now been placed on Mediafly.com for easy viewing on your computer, portable IPod touch, blackberry etc. These are FREE.

Click on the post and enjoy. Click the episodes to see what is available. Click the size of the video on the upper right to select screen size. Enjoy.

Saturday, February 27, 2010

"Point, Click, Purchase";: NYT: The New Way to Shop

Just when we were trying to get used to point, click and listen, now we could purchase. Makes one concerned where one is pointing that cellphone.

Click on the post for the full scoop in the New York Times.

"The Shadow Inventory": Blogs: Real Estate: Bonnie

Click on the post for an article on the "Shadow Inventory" and what it might mean.

Edgewater Exaggeration: Captimes: Zweifel

Click on the post for an in depth article on the Edgewater case.

Thursday, February 25, 2010

Minutes: Public Works: Feb 2010: Study on Hwy 14 from 92--Janesville

Click on the post for the latest.

The Case of the Parasite TIF;: Edgewater: CapTimes

Click on the post for the article in the CapTimes---the proposed TIF for the Edgewater does not stand on its own, and the controversy comes to the front burner now.

Click on the post for the article in the CapTimes.

Wednesday, February 24, 2010

Gazette; Janesville School Admin spend $3.6 million unauthorized: Cullen calls "Unacceptable"---How about theft?

If an employee of a school district steals money, it is called embezzlement and jail time is considered---When school administrators spend $3.6 million unauthorized money, it is "unacceptable"----huh?

Click on the post for the story in the Janesville Gazette.

OpEd: Will Evansville Schools accept all the students from Brodhead in Open Enrollment--and then go virtual

If all of the students opting for open enrollment out of Brodhead Schools was accepted, it would amount to almost a million dollars---and the question is if a school accepted all of them, and then used virtual instruction, ....well....it could be a real windfall.

Relax---the sports will still be real....and the result could be a real athletic powerhouse.

Nostalgia: Normal, Mn.: The Slim Difference between Doin Good....and Feeling Good.

Click on the post for the latest.

New Duluth Trading radio spots get attention

Click on the post.

Chasin Blog: "Seniors put your high waders on"---

Click on the post for the latest from Chasin.

Dateline Normal, Mn.: " School goes virtual; Fires Teachers; Keeps Sports"---FICTION

Click on the post for the latest.

Tuesday, February 23, 2010

Observer podcasts now play on mobile

The podcasts of The Evansville Observer are being converted to www.mediafly.com format---and these "shows" or "episodes" as individual audio or video clips are called, can be played on your mobile phone, your ipod or zune player by download. Some have a RSS feature that has automatic download when you subscribe.

Now when you have some downtime, you can simply pull out your mobile device and listen to a meeting, or even watch the Blooze Brothers perform. Take some time to explore the Observer podcasts.

Click on the post for a comparison between IPod and the Zune.

Monday, February 22, 2010

Public Works Meets Tuesday Night:

Click on the post for the full agenda.

Edward Jones, Inc. coming to Evansville

Edward Jones, Inc. will be opening an office in Evanville shortly on Madison Street. Stay tuned to the Evansville Observer for details. If you need further info, the contact person is Randy Call, Financial Advisor, 1-608-882-0867.

Planning Commission Meets March1st; Will have public hearing on Erosion Control etc.; Building Inspector as Enforcer?

STAFF REPORT
Date: January 26, 2010
To: Evansville Plan Commission
From: John Stockham, AICP, City Planner
Subject: Ordinance Amendments
(Agenda Item 7)
The Unified Land Development Code (ULDC) Committee has recommended approval of the
following ordinance amendments.
A. Section 130-261 through 130-275 Landscaping Regulations - Comprehensive revision
of the landscape regulations to simplify and streamline the landscape point
requirements; allows native plantings; create waiver provisions.
B. Article X Signs Sec. 130-1279 and 130-1281 - Amends the sign regulations to allow offpremise
business directory signs and expanded text on historic plaques and markers.
C. Article XI Section 130-1300 through 130-1305 Parking Requirements - Provides a
separate article containing corner vision triangle, loading and parking requirements;
amend parking stall requirements for various uses.
D. Chapter 48 Erosion Control Ordinance – Designates the Building Inspector as the
primary administrative and enforcement officer; corrects citations.
Copies of the ordinances as recommended by the ULDC Committee are attached
Recommended Motion
The Plan Commission directs staff to publish notices for a public hearing on the proposed
ordnance amendments to be held March 1, 2010.
Revised Draft – January 22, 2010
As recommended by the ULDC Committee
ARTICLE IV. LANDSCAPING REGULATIONS
Sec. 130-261. Purpose of article.
The purpose of this article is to provide minimum requirements for landscaping and landscaping
plans based on the amount of impervious surface on a lot or combination of lots proposed for
development.
Sec. 130-262. Intent, scope and organization of article.
(a) This article contains the standards that govern the amount, size, type, installation and
maintenance of required landscaping. This article recognizes the important and diverse
benefits which landscaping provides in terms of protecting the health, safety, and general
welfare of the community, and implementing the master plan. The requirements of this
article are intended to:
(1) Protect and restore the natural environment throughout the development process.
(2) Reduce the negative environmental effects of development while fostering
aesthetically pleasing development which will enhance the appearance and
character of the community.
(3) Reduce the “heat island” effect of impervious surfaces such as parking lots by
cooling the shading the surface area.
(4) Increase the compatibility of adjacent uses, by minimizing adverse impacts of noise,
dust and other debris, motor vehicle headlight glare or other artificial light intrusions
and other objectionable views, activities or impacts to adjacent or surrounding uses.
(b) The landscaping requirements described in this article are required for all new
developments and expansions of existing developments, except single-family and twofamily
residential dwellings.
(c) A "landscaping point" concept is used to provide a maximum amount of flexibility and
individual preference in terms of the selection of plant materials.
(d) The landscaping proposed by the applicant shall address the following areas that
generally require landscape treatments:
(1) Building foundations
(2) Street yard beautification
(3) Parking lot and loading area screening
(4) Buffer areas between potentially conflicting land uses
(5) Screening of site elements, such as trash and outside storage areas
Sec. 130-263. Required landscaping points and landscaping plan
(a) Landscaping points. All landscaping requirements are stated in terms of the number of
landscaping points required. The required number of landscaping points is dependent upon
the amount of impervious surface on a lot or combination of lots proposed for development.
A different number of points are awarded for each plant, depending upon its typical growth
rate, its mature height, and whether it is a deciduous or evergreen species. There is a
minimum plant size at the time installation in order for plants to be eligible for landscape
points. In calculating the number of required landscaping points under the provisions of this
article, all areas and distances on which required calculations are based shall be rounded
up to the nearest whole number. Table 130-263 on the following page describes the points
awarded for different plant categories.
(b) Landscaping point requirements. All developments that are required to comply with this
section shall accumulate a minimum of 100 landscape points for each 1,000 square feet of
impervious surface which includes all area under principal and accessory buildings and
paved surfaces. Existing plant materials on site may be included in point calculations, if the
materials are non-invasive, desirable species and will be preserved and protected during
construction.
(c) Additional landscaping may be required by the Plan Commission in order achieve the intent
of this section as described in Section 130-262.
(d) Landscaping Plan. Plant materials and other elements of landscaping required to meet the
standards of this article shall be clearly depicted and labeled on a landscaping plan.
Landscaping plans may be prepared by an owner, a landscape company, landscape
architect, or other qualified landscape professional. Landscaping plans shall include:
(1) Notation of drawing scale and directional north arrow
(2) Name, address and phone number of owner and the person who prepared the plan.
(3) Location of existing deciduous trees greater than three-inch caliper and evergreen
trees 10 feet high or greater
(4) Description of plant materials to be removed
(5) Location and schedule of proposed new plant materials listing the common name
and botanical name of proposed plant materials, quantity, and plant size at
installation.
(6) Location and description of all proposed walls, fences, and other similar site
landscape features.
(7) Labeling of mulching, edging & curbing
(8) Areas of seeding or sodding
(9) Areas to remain undisturbed and limits of land disturbance
(e) Landscaping plan review and approval. Landscaping plans shall be reviewed and approved
by the Plan Commission as part of the site plan review and approval process described in
Article II Division 8 of this chapter.
TABLE 130-263. LANDSCAPING POINTS AND MINIMUM INSTALLATION SIZES
Plant Category Landscaping Points per
Plant
Minimum Permitted Plant
Installation Size
Climax tree 75 2" caliper
Tall deciduous tree 30 1" caliper
Medium deciduous tree 15 6' tall
Low deciduous tree 10 4' tall
Tall evergreen tree 40 5' tall
Medium evergreen tree 20 4' tall
Low evergreen tree 12 3' tall
Tall deciduous shrub 5 36" tall
Medium deciduous
shrub 3 24" tall
Low deciduous shrub 1 18" tall
Medium evergreen
shrub 5 18" tall/wide
Low evergreen shrub 3 12" tall/wide
Noncontributory plants 0 N/A
Source: A Guide to Selecting Landscape Plants for Wisconsin, E.R. Hasselkus, UW
Extension Publication: A2865.
Sec. 130-271. Classification of plant species.
Common species suitable for landscaping use in south central Wisconsin are listed in table 130-
271. The Plan Commission shall review proposals for, and the applicability of, species not
contained in this list, and is authorized to approve appropriate similar species.
TABLE 130-271. CLASSIFICATION OF PLANTS
Botanical Name Common Name
Climax trees (75 landscaping points):
Acer saccharum Sugar Maple
Ginkgo biloba Ginkgo
Quercus spp. Oak: Red, White, Pin
Tall deciduous trees (30 landscaping
points):
Acer spp. Maple: Red, Silver, Norway
Gleditsia triancanthos Honeylocust
Populus grandidentata Bigtooth Aspen
Tilia spp. Linden: Basswood, Littleleaf, Redmond
Medium deciduous trees (15 landscaping
points):
Betula spp. Birch: River, Paper
Prunus spp. Cherry: Choke, Pin
Salix spp. Willow
Low deciduous trees (10 landscaping
points):
Amelanchier spp. Serviceberry
Crataegus spp. Hawthorn: Cockspur, Downy, Washington
Malus spp. Crabapple spp.
Tall evergreen trees (40 landscaping
points):
Abies concolor White Fir
Pinus spp. Pine: Red, White, Scots
Tsuga canadensis Canada Hemlock
Medium evergreen trees (20 landscaping
points):
Thuja occidentalis American Arborvitae
Low evergreen trees (12 landscaping
points):
Juniperus spp. Juniper: Mountbatten, Redcedar
Thuja spp. Arborvitae: Pyramidal, Techny
Tall deciduous shrubs (5 landscaping
points):
Cornus spp. Dogwood: Grey, Pagoda
Syringa spp. Lilac: Chinese, Hyancinth
Viburnum spp. Viburnum: Arrowwood, Wayfaringtree,
Nannyberry
Medium deciduous shrubs (3 landscaping
points):
Corylus americana American Filbert, Hazelnut
Cotoneaster spp. Cotoneaster
Forsythia spp. Forsythia: Border, Early, Weeping
Rosa spp. Rose: Virgina, Rugosa
Low deciduous shrubs (1 landscaping
point):
Hypericum kalmianum Shrubby St Johnswort
Spirea spp. Spirea: Froebel, Snowmound
Tall-medium evergreen shrubs (5
landscaping points):
Juniperus chinensis Juniper: Pfitzer
Taxus spp. Yew: Japanese
Low evergreen shrubs (3 landscaping
points):
Juniperus spp. Juniper: Sargent, Creeping, Andorra
Sec. 130-272 Natural Lawns
An owner of a lot or parcel desiring a natural lawn may register with the Zoning Administrator for
a natural lawn, which is defined as land managed to preserve or restore native Wisconsin
grasses and foliage, native trees, shrubs, wildflowers and aquatic plants where grasses and
foliage may exceed 8 inches in height.
(a) Applications and registration of natural lawns. Applications for registered natural lawns
shall be available from the office of the city clerk. Landscaping and management plans
must be filed with each application for a registered natural lawn. The zoning administrator
shall review all applications for registered natural lawns and within 30 days of submittal of
an application respond in writing to the applicant whether or not the lot or parcel is
registered.
(b) Maintenance of setbacks. A ten-foot setback on any street frontage and a five-foot side
and rear setback of all natural lawns shall be maintained in accordance with subsection (b)
above. Adjacent neighbors may agree to waive setbacks for encroachment on setbacks
outside drainage swales; such waivers shall be in writing and filed with the zoning
administrator. In addition, a five percent area exclusive of the setback area shall be left open
for maintained paths. The setback area shall have a height of no more than 8 inches,
excluding trees and shrubs.
(c) Drainageways and swales. All drainageways shall be maintained in manner that does not
block the drainage patterns or divert stormwater run-off to neighboring properties.
(d) Weeds and plants prohibited. The owners and occupants of all properties with properly
registered natural lawns shall destroy all of the following weeds and plants:
(1) Canada thistle and all other thistle varieties
(2) Leafy spurge
(3) Field bindweed (Creeping Jenny)
(4) Purple Loosestrife
(5) Multiflora rose
(6) Burdock
(7) Ragweed
(8) Garlic mustard
(9) All weeds enumerated in §§ 66.955 and 66.96, Wis. Stats.
(f) Review and approval of land management plans. The Zoning Administrator shall review all
applications for registered natural lawns and within 30 days of submittal of an application
respond in writing to the applicant. The Zoning Administrator shall annually review the list of
all registered natural lawn properties visit each site to check for compliance with this section.
Sec. 130-273. Installation and maintenance of landscaped areas.
(a) Installation.
(1) All landscaping material required by the provisions of this article shall be installed on
the subject property, in accordance with the approved landscaping plan, within 365
days of the issuance of an occupancy permit for any building on the subject property.
(2) All pervious portions of each lot, not otherwise landscaped, shall be seeded with
lawn or native ground cover unless such vegetation is already fully established.
(3) Landscaping materials, fences and berms which are located within duly recorded
utility easements and/or pedestrian easements shall be located and selected so that
they will not interfere with the intent of the easement. In the event of construction
activity or maintenance within a recorded easement, replacement of any plant
materials or landscape features in an easement shall be the responsibility of the
property owner.
(4) On corner lots in all zoning districts, no fence, wall, vegetation, hedge, planting, or
structure shall be erected, placed, planted, or allowed to grow in such a manner as to
obstruct the vision clearance triangle between a height of 2 1/2 feet and ten feet
above the centerline grades of the intersecting streets in the area bounded by the
edge of right-of-way street lines of such corner lots and a line joining the points along
such street lines 15 feet from the point of intersection. If arterial streets intersect with
other arterial streets or railways, the triangular vision clearance triangle shall be
increased to 30 feet from the point of intersection.
(b) Maintenance.
(1) The continued and continual maintenance of all required landscaping materials and
ground cover shall be the responsibility of the owner of the property on which the
materials are required. Plant material that has died shall be replaced within 365
days. This requirement shall run with the property and is binding upon all future
property owners.
(2) The owner of any lot or parcel in the city which is five acres or less in area shall
maintain lawns, turf areas, plantings beds, and other decorative surface treatments,
so as to present an attractive appearance in all yard areas in accordance with
generally accepted landscaping practices in south central Wisconsin.
(3) Lawns shall be maintained to a height not to exceed 8 inches, except as allowed for
registered natural lawns as described in Section 130-272
Secs. 130-274 through 130-300. Reserved.
Page 1
Revised Draft – January 22, 2010
As recommended by the ULDC Committee
ARTICLE X. SIGN REGULATION
Sec. 130-1270. Purpose of article.
The purpose of this article is to establish minimum standards for a first class
business, commercial and historic district; to allow business identification, advertising
and communication while still protecting the health, safety and welfare of the public; to
ensure that signs are compatible with their surroundings and promote an aesthetically
pleasing environment; to preserve and enhance property values; to encourage high
standards in sign design and display through the use of well maintained and attractive
signs that do not contribute to visual clutter; and to equitably distribute the privilege of
using the public environs to communicate commercial and non-commercial information
through the use of a permit process with a defined review authority.
(Ord. No. 2002-9, § 1, 3-11-2003)
Sec. 130-1271. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning.
Area of sign means the area within the perimeter, calculated using a standard
mathematical formula for easily recognizable geometric shapes. For irregular shapes,
straight lines drawn closest to the extremities of the shape will be used. If the sign
consists of more than one section or module, the perimeter of the outside area will be
totaled. Supports or uprights shall not be used as part of the calculation unless they are
a part of the sign. For the calculation of the allowable square footage only one side of a
double-faced sign shall be considered.
Awning means a retractable or permanent shelter which projects from the wall of
the building and composed of non-rigid materials except for the supporting network.
Banner. Any sign of lightweight fabric or similar material that is mounted to a
pole or a building without an enclosing frame, excluding flags and pennants, as defined
herein.
Billboard See off-premise sign.
Blanketing means to obstruct the view of a sign caused by placement of another
sign.
Canopy/Marquee means a permanent, roof-like shelters extending from a
building and constructed of a durable, rigid material such as metal, plastic or glass.
Contractor signs means a sign that displays the name of individual contractors
that are involved in smaller scale projects, such as single-family home construction or
remodeling.
Construction signs means a sign that displays the names of contractors,
engineers or architects that are involved in large-scale projects, such as public or
multifamily buildings.
Directly illuminated/Backlit means a sign that is designed to give artificial light
directly through a transparent or translucent material from a source of light originating
within such sign (i.e. internally lit or neon sign).
Page 2
Directory signs means a sign that indicates only the names and/or locations of
occupants or the use of a building.
Electronic message display means a type of sign display where the message is
created with a number of internal lights, such as light emitting diodes (LEDs), and which
may be changed at interval by an electronic process.
Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or
graphics, used as a symbol of a government, political subdivision, or other entity, either
public or private, including business identifiers, such as name or registered trademark or
logo, but excluding advertising or other text.
Flashing signs means a sign that is directly or indirectly illuminated on which
artificial light is momentary, variable in color or intensity.
Freestanding/Ground signs means a sign where the entire bottom of the sign is
generally in contact with or in close proximity to the ground.
Freestanding/Pole signs means a sign that is principally supported by a structure
affixed to the ground, such as columns, poles or braces.
Identification signs means a sign that carries only the name of the business
and/or principal products offered for sale on the premises.
Indirectly illuminated signs means a sign that is illuminated from a source
outside of the sign.
Legal nonconforming sign means any sign located within the City of Evansville,
which is lawful at the time of enactment of this ordinance, which does not conform to the
regulations of this article or is annexed into the city after adoption of this article.
Off-premise sign/billboard means a sign that is permanently erected, maintained,
or used in the outdoor environment for the display of any message not related to the
parcel on which the sign is located.
Pennant. Any lightweight plastic, fabric, or other material, not containing a
message of any kind, suspended from a rope, wire, or string, usually in a series,
designed to move in the wind; also including streamers, pinwheels, balloons and other
similar small objects.
Political signs means a sign that displays election-related information.
Portable signs means a sign that is not permanently attached to the ground and
is designed to be easily moved from one location to another. Examples are sandwich
boards or reader boards with supports or wheels.
Projecting signs means a sign that extends from the face of the wall of a
building.
Real estate signs means a sign that is used to offer for sale, lease or rent the
property upon which the sign is placed.
Roof signs means a sign that is erected upon or over the roof or parapet of a
building, including signs made out of shingles.
Signs means an object, device, structure or display situated outdoors on which a
message or symbols appear, advertising is displayed, or which promote a business,
location, person, service, organization, event or product.
Wall signs means a sign that is attached to, erected on or painted on the wall of
a building.
Page 3
Window signs means a sign that is (1) painted on, applied to, or affixed to the
glazing of a window or exterior door, or (2) located on the interior of the building within
three feet of the glazing of a window. The term does not include merchandise displayed
on the interior of the building within three feet of the glazing of a window.
(Ord. No. 2002-9, § 1, 3-11-2003, Ord. 2006-16)
Sec. 130-1272. Sign permit requirements.
(a) Application. Except those specified in the section listing signs not requiring a
permit; no signs shall hereafter be located, erected or structurally altered without a
sign permit and without being in conformity with the provisions of this ordinance.
Alteration is considered to be any change to the exterior appearance of any part of
the sign, its frame, supporting structure or lighting including changing the materials,
height or location, except for normal maintenance and repair and for changes to the
messaging area of the sign. The city clerk shall not issue a permit until the zoning
administrator has reviewed and approved the signed application. The zoning
administrator shall make every effort to act on an application within ten days after
receiving a complete application. The sign shall also meet all structural requirements
of other city codes and ordinances.
(b) Required information. Application for a sign permit shall be made in writing upon
forms furnished by the city clerk's office. The application must specify the proposed
sign's dimensions (including display surface), materials, form of illumination, wiring,
height above grade, distance from lot lines, the party erecting or altering the sign,
and in the case of wall sign(s), a sketch plan of the signs location and relationship to
the building's face.
(c) Permit fees. A fee in the amount established by the council from time to time by
resolution and as set forth in appendix A of the ordinance book. If submitted as part
of the site plan review process, no separate fee will be charged.
(d) Insurance. Any person, firm or corporation engaged in the business of erecting,
repairing, maintaining or relocating signs shall maintain in effect at all times a policy
of liability insurance. The required limits shall be $100,000.00 for bodily injury and
$200,000.00 aggregate and $100,000.00 property damage. Proof of insurance shall
be presented to the city clerk at the time of application.
(e) Inspection. The applicant shall, upon completion of the installation, relocation or
alteration of the sign, notify the zoning administrator who will certify in writing that the
sign complies with the approved sign permit.
(f) Appeals. The zoning administrator may, at any time for a violation of this article,
revoke a permit or require changes so the sign conforms to this article. Any such
decision by the zoning administrator may be appealed by the aggrieved party to the
board of zoning appeals.
(g) Variances. Variances to the sign regulations may be granted by the board of zoning
appeals, or in the case of site plan review, the planning commission, following a
recommendation by the zoning administrator, pursuant to the standards in section
130-131 of the city's zoning code.
(Ord. No. 2002-9, § 1, 3-11-2003)
Page 4
Sec. 130-1273. Construction and maintenance regulations.
(a) Construction standards. All signs, except flat signs and those signs weighing less
than ten pounds, shall be constructed to withstand a wind pressure of not less than
30 pounds per square foot and adequately support the dead load plus any
anticipated live loads (i.e. ice, snow) of the sign.
(b) Installation. All signs, framework, anchors and supports shall be constructed of
material and with workmanship to be safe and satisfactory to the zoning
administrator. Electric service to ground signs shall be supplied by underground
wiring.
(c) Sign mounting. It is always preferable for the back of any sign to be screened from
public view. If this is unavoidable, then the backs of all signs or sign structures
showing to public view shall be painted a neutral color that blends with the
surrounding environment. Signs shall not be painted on or attached to any tree.
Signs shall not be painted on or attached to any utility pole, except for official
governmental signs or decorations.
(d) Maintenance. All signs, including supports and attachments, shall be properly
maintained in good structural condition and have a neat and clean appearance. The
immediate premises shall also be maintained in a clean and inoffensive condition
and be kept free of all obnoxious substances, such as rubbish and weeds.
(Ord. No. 2002-9, § 1, 3-11-2003)
Sec. 130-1274. Signs not requiring a permit.
(a) Business, Industrial, and Office Districts. The following signs are permitted without
a sign permit if they are located in a business, industrial or office district:
(1) House or building numbers.
(2) Memorial signs or historic plaques when cut into any masonry surface or a
metal sign or plaque affixed flat to the building.
(3) Banners. Banners displayed for a business or nonresidential use may be
displayed for a limited period of time, not to exceed 28 consecutive days or
only during business hours and removed for storage at other times. Any
banner attached to or displayed on public property will require a no fee permit
from the zoning administrator.
(4) Warning signs not to exceed four square feet located on the premises.
(5) Signs directing traffic toward entrances, exits, service areas, or parking areas
are limited to six square feet.
(6) Rummage sale signs not to exceed four square feet in area nor displayed
longer than 72 hours per sale.
(7) Municipal signs such as traffic control, parking restrictions, directions to
points of interest under section 130-1281 or legal notices.
(8) Political signs up to 60 days before an election, removed within ten days after
said election and a maximum area of 32 square feet.
(9) Real estate signs are limited to two signs per commercial property. The total
real estate signage per property shall not exceed eight square feet in area,
Page 5
nor six feet in height, measured from the soil grade to the top of the signpost.
Each sign shall be removed immediately upon the sale or rental of the
property.
(10) Parking area signs are limited to one sign designating each entrance or exit,
with a maximum area of two square feet each. Each parking area may have
one sign designating its identity or the conditions of use not to exceed nine
square feet in area nor seven feet above the curb in height.
(11) Seasonal outdoor sales of farm produce signs for identification of the stand
and advertising the agricultural products for sale therein. The sign(s) shall be
limited to two and placed on the same lot as the stand. No sign shall exceed
12 square feet in area or 15 feet in height above the curb.
(12) Contractor signs for work being done on a lot, one sign not more than four
square feet in area, displayed only during the construction period.
(13) Holiday lights and decorations.
(14) Copy changes to existing signs involving no structural or dimensional
change.
(15) Pennants. The display of strings of pennants, streamers, pinwheels, balloons
and similar objects shall be prohibited, except said signs shall be permitted
for carnivals and open-air festivals during the time of their run, and for the
initial opening of a new business for a single period not exceeding 28 days
after the new business's "grand opening."
(16) Flags. Any fabric, banner, or bunting containing distinctive colors, patterns, or
graphics, used as a symbol of a government, political subdivision, or other
entity, either public or private, including business identifiers, such as name or
registered trademark or logo, but excluding advertising or other text.
(17) Window signs. Window signs provided the sign area does not occupy more
than 25 percent of the glazed area on which it is displayed and the sign is not
an electronic message sign.
(b) Agricultural, Conservancy and Residential Districts. The following sings are
permitted without a sign permit if they are located in an agricultural, conservancy or
residential district:
(1) House numbers or signs identifying parks.
(2) Memorial signs or historic plaques when cut into any masonry surface or a
metal sign or plaque affixed flat to the building.
(3) Contractor signs for work being done on a lot, one sign not more than four
square feet in area, displayed only during the construction period.
(4) Political signs up to 60 days before an election, removed within ten days after
said election and a maximum area of eight square feet.
(5) Rummage sale signs not to exceed four square feet in area nor displayed
longer than 72 hours per sale.
(6) Residential buildings are limited to one nameplate, not exceeding three square
feet in area for each dwelling unit, indicating the name or address of the
occupant or a permitted home occupation.
(7) Nonresidential buildings may have a single identification sign, not exceeding
nine square feet in area and indicating only the name and address of the
Page 6
building. On a corner lot, two signs (one facing each street) shall be permitted.
Such sign(s) shall be affixed flat against the wall of the building and not be
placed higher than 15 feet above the curb. They may be illuminated, but only
indirectly, see section 130-531 and only during business hours.
(8) Real estate signs are limited to one sign per residential lot, except that on a
corner lot two signs (one facing each street) shall be permitted. No sign shall
exceed eight square feet in area nor six feet in height, measured from the soil
grade to the top of the signpost. Each sign shall be removed immediately upon
the sale or rental of the property.
(9) Parking area signs are limited to one sign designating each entrance or exit
with a maximum area of two square feet each. Each parking area may also
have one sign designating its identity or the conditions of use not to exceed
nine square feet in area nor seven feet in height above the curb level.
(10) Seasonal outdoor sales of farm produce signs for identification of the stand
and advertising the agricultural products for sale therein. The sign(s) shall be
limited to two and placed on the same lot as the stand. No sign shall exceed 12
square feet in area nor 15 feet in height above the curb.
(11) Holiday lights and decorations.
(12) Copy changes to existing signs involving no structural or dimensional change.
(13) Municipal signs such as traffic control, parking restrictions, directions to points
of interest under section 130-1281 or legal notices.
(Ord. No. 2002-9, § 1, 3-11-2003; Ord. No. 2003-17, § 1, 2, 2-10-2004, Ord. 2005-19,
Ord. 2006-16)
Sec. 130-1275. Signs permitted in the historic preservation district and
central business district (B-2) with a sign permit.
Except for signs permitted without a sign permit under section 130-1274, all signs
in a historic district established under section 62-2 or the central business district
(B-2) are prohibited except for a sign that complies with the following regulations
and for which the applicant has obtained a sign permit:
(a) Freestanding/ground signs shall have no projections, shall not exceed 50 square
feet in area nor 15 feet in height above the mean centerline street grade. Pole signs
are not permitted in the downtown business district.
(b) Projecting signs may extend up to two-thirds the width of a public sidewalk, not to
exceed a maximum of five feet, and must maintain a vertical clearance of ten feet.
(c) Shopping center/group development sign. One freestanding sign for each street
upon which the development fronts, showing only the name of said center and each
represented business. Sign shall not exceed 60 square feet in area, be placed within
20 feet of the property line or exceed 15 feet in height above curb.
(d) Wall signs shall not project more than 16 inches from such wall. One sign is
permitted on the front wall of any principal building. The total sign area shall not
exceed one-tenth of the building's front face (including doors and windows), with a
maximum area of 200 square feet. If a single principal building is devoted to two or
more businesses, the operator of each business may install a front wall sign. The
maximum area of each sign shall be determined by using the proportional share of
Page 7
the front face (including doors and windows) occupied by each business and
applying such proportion to the total sign area permitted for the front wall of the
building. If a building is located on a corner lot, a sign may be placed on the wall
facing the secondary street up to one-tenth of the wall's face in area, not to exceed
100 square feet In no case shall the total area of all wall signs exceed 200 square
feet, nor shall there be more than two wall signs per building.
(e) Awning signs and canopy/marquee signs are limited to a total of two such signs for
each business, and the signage shall be restricted to the flap of the awning that
hangs vertically or to the part of the canopy/marquee that is a vertical face. The
portion of the awning or canopy/marquee displaying a message or symbol shall be
included in the total signage area per parcel area calculation.
(f) Window signs in excess of 25 percent of the glazed area but less than 50 percent of
the glazed area provided the sign is not an electronic message sign.
(g) Lighting. Directly illuminated/backlit signs are not allowed in this district. Lighting
shall not create glare nor be flashing.
(h) Total signage area per parcel. Cannot exceed 200 square feet.
(i) Portable signs. Sandwich boards are the only type of portable sign that may be
displayed in a historic district or the central business district, and only during
business hours. The common council may, by resolution, designate one or more
locations in a public right of way where one or more off-premises sandwich boards
may be displayed during a street construction project to encourage patronage of
businesses negatively impacted by the construction, provided a sandwich board shall
not impede pedestrian movement. Generally, a 4-foot wide unobstructed walkway
allows adequate pedestrian movement.
(j) Searchlights are not allowed in this district.
(k) Church bulletins may be indirectly illuminated, except neon, and are limited to one
sign per lot, six feet in height above the curb, 16 square feet in area and must be at
least eight feet from any other lot.
(l) Construction signs for development on a lot, one sign not more than 32 square feet
in area, indicating only the name of the contractors, engineers, or architects and
displayed only during the time of construction.
(Ord. No. 2002-9, § 1, 3-11-2003, Ord. 2005-19, Ord. 2005-20, Ord. 2005-34, Ord. 2005-
35, Ord. 2006-16)
Sec. 130-1276. Signs permitted in the local business district (B-1),
community business district (B-3), special use business district (B-5), and
planned office district (O-1) with a sign permit.
Except for signs permitted without a sign permit under section 130-1274, all signs in the
local business district (B-1), community business district (B-3), special use business
district (B-5), or planned office district (O-1) and not in a historic preservation district are
prohibited except for a sign that complies with the following regulations and for which the
applicant has obtained a sign permit:
(a) Freestanding/ground/pole signs shall have no projections and are limited to one per
parcel. They shall not exceed 50 square feet in area nor 15 feet in height measured
Page 8
from the mean centerline street grade to the top of the sign. Exception: height may
be up to 20 feet if sign is set back at least ten feet from the property line.
(b) Shopping center/group development/office park signs. One freestanding sign,
showing only the name of said center and each represented business. They shall not
exceed 60 square feet in area, 15 feet in height above the curb, nor be placed within
20 feet of the property line.
(c) Projecting signs shall not extend over a public sidewalk and must maintain a clear
vertical clearance of ten feet.
(d) Wall signs shall not project more than 16 inches from such wall. One sign is
permitted on the front wall of any principal building. The sign area shall not exceed
one-tenth building's front face (including doors and windows), with a maximum area
of 200 square feet. If a single principal building is devoted to two or more
businesses, the operator of each business may install a front wall sign. The
maximum area of each sign shall be determined by using the proportional share of
the front face (including doors and windows) occupied by each business and
applying such proportion to the total sign area permitted for the front wall of the
building. If the building is located on a corner lot, a sign may also be placed on the
side wall facing the secondary street up to one-tenth of the wall's face in area, not to
exceed 100 square feet. In no case shall the total area of all wall signs be in excess
of 200 square feet nor shall there be more than two wall signs per building.
(e) Awning signs and canopy/marquee signs are limited to a total of two such signs for
each business, and the signage may be placed on the flap of the awning that hangs
vertically and/or on the sloping portion of the awning, provided the signage does not
occupy more than 50 percent of such area or to the part of the canopy/marquee that
is a vertical face. The portion of the awning or canopy/marquee displaying a
message or symbol shall be included in the total signage area per parcel area
calculation.
(f) Window signs in excess of 25 percent of the glazed area but less than 50 percent of
the glazed area provided the sign is not an electronic message sign.
(g) Lighting. Signs may be directly illuminated/backlit or indirectly illuminated by a
hooded reflector, shall not create glare nor be flashing.
(h) Total signage area per parcel cannot exceed 250 square feet.
(i) Electronic message signs may only be used to advertise activities conducted on the
premises or to present public information and cannot exceed 20 percent of the face
of the sign.
(j) Portable signs shall not be displayed more than three times per calendar year at any
one location, nor more than ten days each time. The maximum area signs shall be
12 square feet. They shall be securely fastened to prevent any hazardous condition.
Sandwich boards may only be displayed during business hours.
(k) Church bulletins may be directly illuminated/backlit or indirectly illuminated, except
neon, and are limited to one sign per lot, six feet in height above the curb, 16 square
feet in area and must be at least eight feet from any other zoning lot.
(l) Searchlights are not allowed in this district.
(m) Construction signs for development on a lot, one sign not more than 32 square feet
in area, indicating only the name of the contractors engineers or architects and
displayed only during the time of construction.
Page 9
(Ord. No. 2002-9, § 1, 3-11-2003, Ord. 2005-19, Ord. 2005-44, Ord. 2006-8, Ord. 2006-
16)
Sec. 130-1277. Signs permitted in the regional business district (B-4) and
industrial districts with a sign permit.
Except for signs permitted without a sign permit under section 130-1274, all signs in the
regional business district (B-4) or an industrial district and not in a historic preservation
district are prohibited except for a sign that complies with the following regulations and
for which the applicant has obtained a sign permit:
(a) Freestanding/ground/pole signs cannot have projections, are limited to one per
parcel, and cannot exceed 50 square feet in area nor 15 feet in height measured
from the mean centerline street grade to the top of the sign. Exception: height may
be up to 20 feet if the sign is set back ten feet from the property line.
(b) Shopping center/group development/industrial park. One freestanding sign, showing
only the name of said center/park and each represented business. Such signs shall
not exceed 60 square feet in area, be placed within 20 feet of the property line, or
exceed 15 feet in height. For those signs showing only the name of said center/park
and each represented business to be located within 75 feet of a public street right-ofway
where the posted speed limit is 45 miles per hour or higher, the plan
commission may, upon a written request submitted by the property owner, allow a
sign that exceeds the dimensional standards specified in this part. In determining
whether to grant such special exception, the plan commission shall evaluate whether
(1) the proposed signage is absolutely necessary to make known the businesses on
the parcel on which the sign is located given the prevailing traffic flow on the
roadway, and (2) the proposed sign location is as close to the street right of way as
is practicably feasible. Special exceptions shall be reviewed on a case by case basis.
Therefore, no prior decision shall be deemed to limit or otherwise control subsequent
decisions.
(c) Shopping center/group development/industrial park – name only. Up to two ground
signs showing only the name of said center/park and not exceeding a total of eight
square feet are allowed, provided such sign is not located within 100 feet of another
freestanding/ground/pole sign on the subject property or within 50 feet of the
principal building. (Editor’s note: This provision allows one ground sign with eight
square feet of signage, or two ground signs provided the total sign area of the two
signs does not exceed eight square feet.)
(d) Wall signs shall not project more than 16 inches from said wall. One sign is
permitted on the front wall of any principal building. The sign area shall not exceed
one-tenth of the building's front face area (including doors and windows), with a
maximum area of 200 square feet. A 12 square feet front wall sign is permitted for
building faces of less than 120 square feet. A side wall sign area is limited to onetenth
of the area of the side wall, not to exceed 100 square feet. A rear wall sign area
shall not exceed 50 percent of the maximum area permitted for a front wall sign of
the same building. The maximum sign area for all walls combined shall not exceed
200 square feet and a limit of two signs per building are allowed.
If a principal building is devoted to two or more businesses, the operator of each
business may install a front wall sign. The maximum area of each sign shall be
determined by using the proportionate share of the front face (including doors and
windows) occupied by each business and applying such proportion to the total sign
area permitted for the front wall of the building. The zoning administrator may, upon
Page 10
a written request submitted by the property owner, exceed the maximum signage
area specified in this part and section 130-1277 (g), when it can be shown that such
limitation(s) will not allow each tenant to have a wall sign. Such sign shall not exceed
10 percent of the wall fa├žade on which the sign is to be located.
(e) Awning signs and canopy/marquee signs are limited to a total of two such signs for
each business, and the signage may be placed on the flap of the awning that hangs
vertically and/or on the sloping portion of the awning, provided the signage does not
occupy more than 50 percent of such area or to the part of the canopy/marquee that
is a vertical face. The portion of the awning or canopy/marquee displaying a
message or symbol shall be included in the total signage area per parcel area
calculation.
(f) Window signs in excess of 25 percent of the glazed area but less than 50 percent of
the glazed area provided the sign is not an electronic message sign.
(g) Projecting signs shall not extend over a public sidewalk and shall maintain a clear
vertical clearance of ten feet.
(h) Total signage area per parcel. Cannot exceed 350 square feet.
(i) Lighting. Signs may be directly illuminated/backlit or indirectly illuminated by a
hooded reflector, shall not create glare nor be flashing.
(j) Electronic message displays are permitted provided they meet the following specific
standards:
(1) The display area is a part of a freestanding ground sign.
(2) The display area does not exceed 25 square feet.
(3) The message shall be in one color and the background for the message shall be
one color.
(4) The message shall remain static at least two minutes before the next message
appears. No part of the message shall give the appearance of movement.
(5) There shall be no transition between messages (i.e., no traveling, scrolling,
dissolving, or fading)
(6) There shall be no more than one electronic message display per parcel of land.
(k) Portable signs. Reader boards shall not be displayed more than three times per
calendar year at any one location, nor more than ten days each time. The maximum
area shall be 12 square feet. They shall be securely fastened to prevent any
hazardous condition. Sandwich boards may only be displayed during business
hours.
(l) Searchlights are permitted for advertising purposes for a period of no more than five
days in any six month period. However, the searchlight cannot be located outside a
property line, closer than ten feet to an adjacent property or cause a hazard to traffic
or adjoining properties.
(m) Church bulletins may be directly illuminated/backlit or indirectly illuminated, except
neon, and are limited to one sign per lot, six feet in height above the curb, 16 square
feet in area and must be at least eight feet from any other lot.
(n) Construction signs for development on a lot, one sign not more than 32 square feet
in area, indicating only the name of the contractors engineers or architects and
displayed only during the construction period.
(o) Signage on a cupola, provided (1) the plan commission has determined through the
site plan review process that the cupola is located on the ridge of a peaked roof and
Page 11
is otherwise integral to and consistent with the architectural design of the building on
which it is located, (2) the sign area does not occupy more than 75 percent of the
wall face on which it is located, (3) the top of the sign face is no more than eight feet
from the roof ridge, (4) the side of the sign face is eight inches or more from the
vertical edge of the wall face, (5) each sign face does not exceed 35 square feet, (6)
the sign face does not directly face a residentially zoned district that is within 200
feet, and (7) the total signage placed on a cupola is subtracted from the allowable
area for wall signage.
(Ord. No. 2002-9, § 1, 3-11-2003, Ord. 2005-19, Ord. 2005-29, Ord. 2006-8, Ord. 2006-
16, Ord. 2007-19)
Sec. 130-1278. Signs permitted in residential districts with a sign permit.
Except for signs permitted without a sign permit under section 130-1274, all signs in a
residential district and not in a historic preservation district are prohibited except a sign
that complies with the following regulations and for which the applicant has obtained a
sign permit:
(a) Temporary subdivision signs are permitted for the identification of homes or nonresidential
uses for sale or rent in a subdivision under construction. They shall be
limited to two per subdivision, 50 square feet each in area. They shall observe the
front yard setback of the principal use, be located at least 50 feet from all other
boundaries of the site and not exceed eight feet in height above the curb. Owner
shall remove the sign(s) within two years of the date of the sign permit.
(b) Subdivision identification signs shall only bear the subdivision name, with a
maximum of one located at each entrance. No sign shall exceed 32 square feet in
area nor 12 feet in height above the curb. The location of said signs will be reviewed
by the zoning administrator prior to approval.
(c) Nonresidential signs. Signs for nonresidential, permitted uses (i.e. church bulletins,
schools, municipal buildings, public parks, nursing homes, etc.) may be directly
illuminated/backlit or indirectly illuminated, except neon, and are limited to one sign
per lot, six feet in height above the curb, 16 square feet in area and must be at least
eight (8) feet from any other zoning lot. This excludes signs for permitted home
occupations, which are regulated under section 130-531(1)e.
(d) Signs for legal nonconforming commercial uses. Signs for legal nonconforming
commercial uses may not be directly illuminated/backlit, and are limited to one sign
per lot, six feet in height above the curb, 10 square feet in area and must be at least
eight (8) feet from any other zoning lot. This excludes signs for permitted home
occupations, which are regulated under section 130-531(1)e. The plan commission
shall review and approve other aspects of the sign (e.g., sign materials, color
scheme, placement on the lot) to ensure it is compatible with the surrounding
properties to the greatest extent practicable.
(e) Construction signs for development on a lot, one sign not more than 32 square feet in
area, indicating only the name of the contractors, engineers or architects and
displayed only during the construction period.
(Ord. No. 2002-9, § 1, 3-11-2003, Ord. 2005-19, Ord. 2007-1)
Page 12
Sec. 130-1279. Prohibited signs.
The following signs are prohibited:
(a) Traffic interference. Signs shall not resemble or obstruct railroad or traffic signs. No
sign shall prevent free ingress/egress from any door, window or fire escape. No sign
shall inhibit traffic visibility nor interfere with surrounding properties.
(b) Signs on public rights-of-way shall not be permitted, except for municipal signs such
as traffic control, parking, directions to points of interest under section 130-1281 or
legal notices and as otherwise specified in this article. Such signs must not be
located within five feet of a property line.
(c) Flashing signs. Except electronic message signs.
(d) Blanketing is not allowed by this ordinance.
(e) Roof signs above the parapet line or incorporated into the roofing material.
(f) All signs for a terminated business, including any signs for a business that has
ceased to operate at a particular location.
(g) Adjacent to residential district. Illuminated signs shall not be permitted if they cast
bright light upon property located in any residential district. Bright light shall be
defined as exceeding one half foot candles at the residential property line.
(h) Off premise/billboard signs, except for:
(1) sandwich boards to the limited extent provided in section 130-1275(h) and
(2) any sign placed in a public right of way pursuant to a resolution adopted by the
common council designating one or more locations in a public right of way where
one or more off-premises signs may be displayed during a street construction
project to encourage patronage of businesses negatively impacted by the
construction, provided any such sign shall comply with any size restriction or
appearance requirement in such resolution and shall not impede pedestrian
movement. Generally, a 4-foot wide unobstructed walkway allows adequate
pedestrian movement.
(3) business directory signs serving a group of businesses that are specifically
approved by the Plan Commission.
(i) If a sign is not explicitly prohibited under the list above and not explicitly permitted
under this article, the zoning administrator shall determine which kind of potentially
permitted sign the sign in question is most similar to and apply to the sign in question
the regulations applicable to the most similar kind of sign.
(Ord. No. 2002-9, § 1, 3-11-2003; Ord. No. 2003-17, § 3, 2-10-2004, Ord. 2005-19,
2005-20, Ord. 2005-34, Ord. 2005-35)
Sec. 130-1280. Legal nonconforming signs.
(a) Loss of legal nonconforming status. A sign loses its legal nonconforming status
when any of the following occurs:
(1) If the sign is altered in any way, except for normal maintenance and repair and
for changes to the messaging area of the sign. Alteration is considered to be any
Page 13
change to the exterior appearance of any part of the sign, its frame, supporting
structure or lighting including changing the materials, height or location.
(2) The sign is damaged by fire, flood, explosion or act of God to an extent of 50
percent or more of its replacement value. If it is damaged to an extent of less
than 50 percent of its replacement value, it may be reconstructed and used as
before within three months after such calamity.
(3) The sign fails to conform to the article provisions regarding maintenance and
repair, abandonment or public safety.
(4) Termination of a business, including a business that has ceased to operate a
particular location.
(b). Consequence of loss of legal nonconforming status. On the date of the occurrence
of any event listed in paragraph (a), the sign shall be immediately brought in
compliance with the article with a new permit secured therefore or shall be
prohibited.
(c). Removal of prohibited sign. The owner of a property on which is located a formerly
legal nonconforming sign that has become prohibited under paragraph (b) shall
immediately remove the prohibited sign, except as provided in section 130-1283.
(Ord. No. 2002-9, § 1, 3-11-2003, Ord. 2005-19)
Sec. 130-1281. Municipal directional signs.
(a) The City may place signs in public rights-of-way property or adjoining private
property to direct residents and visitors to points of interest, including:
(1) municipal buildings
(2) public parks
(3) golf courses owned and operated by the municipality or a not-for-profit
corporation
(4) schools
(5) collaborative efforts of multiple businesses, such as a parade of homes
(6) business directory signs,.
A sign under this section may be permanent or temporary.
(b) A local government, such as the Evansville School District, a not-for-profit
organization, including a religious organization or a collaborative effort of multiple
businesses, such as a parade of homes may request that the City place signs
directing residents and visitors to their locations at street intersections selected by
the local government, not-for-profit organization or collaborative effort of multiple
businesses, and the City shall place such signs, provided the local government, notfor-
profit organization or collaborative effort provides the signs at its own cost or
agrees to pay the City the cost of the signs. The City shall attempt to locate each
such directional sign as near as practical to the selected intersection.
Page 14
(c) A permanent or temporary sign under this section shall be no larger than 30 inches
by 36 inches.
(d) The Common Council may by resolution establish and from time to time amend
uniform standards for the appearance of permanent signs under this section. In the
absence of such a resolution, all such permanent signs shall be made of metal and
have a blue face with white lettering and border.
(Ord. No. 2003-17, § 4, 2-10-2004)
Sec. 130-1282. Sign code violations.
(a) Construction without permit. Any person, firm or corporation who begins, erects or
completes the erection, construction or alteration of any sign controlled by this
Ordinance prior to obtaining a sign permit shall be subject to a fee as established by
the council from time to time by resolution and as set forth in appendix A.
(b) Illegal signs Illegal signs shall be made to conform or be removed within 30 days
of receipt of written notice from the zoning administrator, except those illegal signs
which can be readily rectified (e.g., readily moveable signs such as sandwich board
or banners) shall be removed or made to conform within two days of receipt of
written notice from the zoning administrator. A sign placed on city property (e.g.,
street right-of-way, park) may be removed immediately by city personnel without
advance notice to the person who authorized the installation of the sign. Such sign
shall be disposed of within 72 hours of removal, unless claimed by the owner of the
sign. A sign placed on private property without the authorization of the property
owner may be removed by the property owner without advance notice to the person
who authorized the installation of the sign. Such sign may be disposed of at the
discretion of the property owner.
(c) Dangerous signs. A sign that poses a threat to public safety shall be made to
conform or be removed within five days of receipt of written notice from the zoning
administrator, unless a shorter compliance period as specified in the notice is
required to protect public safety.
(d) Penalties.
(1) Violations. No person shall construct or use any structure in violation of any of
the provisions of this chapter. In case of any violation, the city council, the zoning
administrator, or the plan commission may institute an appropriate action or
proceeding to enjoin a violation of this chapter or cause a structure to be
removed.
(2) Penalties. Any person who fails to comply with or violates any of the provisions
of this chapter shall be subject to the provisions of section 1-11. Each day a
violation exists or continues shall constitute a separate offence.
(3) Civil remedies. Appropriate actions and proceedings may be taken by law or in
equity to prevent any violation of this chapter, prevent unlawful construction,
recover damages, restrain, correct or abate a violation, and these remedies shall
be in addition to the penalties described in subsection (2) of this section.
(4) Removal by city. If the owner of an illegal sign under paragraph (b) of this section
or dangerous sign under paragraph (c) of this section fails to comply within the
time period herein specified, the city may remove it and charge the property
Page 15
owner for all costs related to removal and disposal. If not paid, the clerk treasurer
shall add such amount to the tax roll as a special tax against such lot or parcel of
land.
(Ord. No. 2002-9, § 1, 3-11-2003, Ord. 2005-46)
Editor's note: Ord. No. 2002-9, § 1, adopted March 11, 2003, set out provisions
intended for use as 130-1281. For purposes of classification and clarity, and at the
editor's discretion, these provisions have been included as 130-1282.
Sec. 130-1283. Removal of signs for terminated businesses.
If a business terminates, including a business that ceases to operate at a particular
location, the owner of the property where the business was located shall remove all
signs for the business from public view within six months from the date of termination. If
the sign is not removed during that time, the zoning administrator shall give the property
owner an additional thirty (30) days to appeal for an extension under section 130-1272(f)
or remove it. If the owner fails to comply, the owner shall be subject to penalties under
section 130-1282(d). In addition, the zoning administrator may elect to cause the sign to
be removed and the expense of so doing shall be charged to the owner of the property.
If not paid, the city clerk-treasurer shall add such amount to the tax roll as a special tax
against such lot or parcel of land.
[Ord. 2005-19]
Page 1
Revised Draft – January 22, 2010
As recommended by the ULDC Committee
ARTICLE XI
TRAFFIC VISIBILITY, LOADING, PARKING AND ACCESS
Sec. 130-1300. Traffic visibility.
(a) On a corner lot in all zoning districts, no fence, wall, parking, vegetation, hedge, planting, or
structure shall be erected, placed, planted, or allowed to grow in such a manner as to
obstruct vision between a height of 2 1/2 feet and 10 feet above the centerline grades of the
intersecting streets in the area bounded by the edge of right-of-way street lines of such
corner lots and a line joining the points along such street lines 15 feet from the point of
intersection.
(b) If arterial streets intersect with other arterial streets or railways, the corner cutoff distances
establishing the triangular vision clearance space shall be increased to 30 feet.
(c) This section shall not apply to the trunks of trees and posts not over six inches square or in
diameter.
Sec. 130-1301. Loading requirements.
(a) Loading space required. On every lot on which a business, commercial, or industrial use is
established, space with access to a public street or alley shall be provided as indicated in
the following table for the loading and unloading of vehicles off the public right-of-way:
USE FLOOR AREA
(SQ. FT.)
LOADING
SPACE
Retail/wholesale warehouse, service manufacturing, and
industrial establishments
2,000--10,000
10,000--20,000
20,000--40,000
40,000--60,000
1
2
3
4
Each additional
50,000 1
Hotels, offices, hospitals, places of public assembly
5,000--10,000
10,000--50,000
50,000--100,000
1
2
3
Each additional
25,000 1
Funeral homes 2,500--4,000
4,000--6,000
1
2
Each additional 1
2
10,000
(c) 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 a minimum, off-street 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.
(d) Location. Required off-street loading spaces shall be located on the same lot with the
principal use requiring such space. No loading space shall be located within 30 feet of the
nearest point of intersection of two streets or require any vehicle to back into a public street.
(e) Surfacing. All open off-street loading berths shall be improved with a compacted gravel
base, not less than seven inches thick, surfaced with not less than two inches of asphalt or
treated with some comparable all-weather dustless material.
(f) Repair and service. No motor vehicle repair work or service of any kind shall be permitted in
conjunction with loading facilities provided in any residential district.
(g) Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be
used to satisfy the space requirements for any off-street parking facilities or portions
thereof.
(h) Central loading. Central loading facilities may be substituted for loading berths on the
individual zoning lots, provided the following conditions are filled:
(1) Each zoning lot served shall have direct access to the central loading area without
crossing streets or alleys at grade.
(2) Total berths provided shall meet the requirements based on the sum of the several types
of uses served. (Areas of types of uses may be totaled before computing the number of
loading berths.)
(3) No zoning lot served shall be more than 300 feet removed from the central loading area.
(4) The tunnel or ramp connecting the central loading area with the zoning lot served shall
be not less than seven feet in width and shall have a clearance of not less than seven
feet.
Sec. 130-1302 Parking requirements.
All new nonresidential parking lots in excess of four stalls and all alterations of existing lots shall
be subject to the approval of the plan commission. Requests for such parking lots shall be
accompanied with detailed plans on landscaping, parking layout, drainage provision, and
driveway locations. In all districts there shall be provided at the time any use or building is
erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance
with the following:
(a) Access. Adequate access to a public street shall be provided for each parking space.
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(b) Design standards. The size of each parking space shall be not less than 162 square feet (9
feet by 18 feet) exclusive of the space required for ingress and egress. Minimum width of
aisles providing access to stalls for one-way traffic shall be as follows: 11 feet for 30-degree
parking; and 20 feet for 90-degree parking. Minimum width of aisles providing access to
stalls for two-way traffic shall be 24 feet. No parking area of more than two spaces shall be
designed as to require any vehicle to back into a public street. Any parking area of more
than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to
protect adjacent residential uses. Large expanses of parking areas shall be avoided by
interior landscaping and safety islands. The plan commission may authorize stalls sized for
smaller vehicles (eight feet by 16 feet) where the number of stalls being provided exceeds
the minimum number required and where all of the minimum required stalls are full sized
(nine feet by 18 feet).
(c) Location.
(1) Location shall be on the same lot as the principal use or not over 500 feet from the
principal use.
(2) Off-street parking is permitted in all yards of all districts except in the front yards of
single-family and two-family residence districts, but shall not be closer than five feet
to a nonresidential side lot line, right-of-way line, or rear lot line. No parking space or
driveway, except in residential districts, shall be closer than 25 feet to a residential
district lot line.
(3) Off-street parking in the single-family and two-family residence districts is permitted
in the front yard in the driveway.
(d) Surfacing. All off-street parking areas, except a single parking space accessory to a singlefamily
dwelling, shall be surfaced with a dustless all-weather material capable of carrying a
wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches
of Portland cement will meet this requirement). Any parking area for more than five vehicles
shall have the aisles and spaces clearly marked. Compacted stone or gravel may be used
only with the approval of the plan commission. Completion of surfacing is required prior to
the issuance of an occupancy permit. However, for required surfacing during the period
between November 1 and June 1, the owner shall enter into an agreement with the City
agreeing to complete all required surfacing by no later than the following June 1.
(e) Repair and service. No motor vehicle repair work or service of any kind shall be permitted in
association with parking facilities provided in residence districts.
(f) Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from
residential properties and public streets in such a way as not to create a nuisance. However,
in no case shall such lighting exceed three foot-candles measured at the lot line.
(g) Curbs. Curbs or barriers shall be installed a minimum of four feet from a property line so as
to prevent the parked vehicles from extending over any lot lines.
(h) Number of stalls. The number of parking stalls required are shown in the following table:
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LAND USE PARKING REQUIREMENT
Residential - One and Two Family Dwelling 2 spaces per dwelling unit
Residential Multifamily Dwelling 2 spaces per dwelling unit
Residential - Senior 1 spaced per dwelling unit
Institutional Living 1 space per resident or patient capacity
Community Living 1 space per resident capacity
Hospital 1 space per patient bed
Institutional Uses 1 space per 4 persons maximum seating capacity
Churches 1 space per 4 persons maximum seating capacity
Community or Recreation Center 1 space per 4 persons maximum seating capacity
Funeral Home 1 space per 4 persons maximum seating capacity
Library or Museum 1 space per 300 square feet of gross floor area
Day Care 1 space per 5 students
School - Elem or Middle 1 space per staff, plus 2 spaces per classroom
School - High School 1 space per staff, plus 1 space per 5 students
College or Trade School 1 space per staff, plus 1 space per 2 students at
peak attendance period.
Golf Course 36 spaces per 9 holes, plus 50 percent of spaces
otherwise required for any accessory uses (e.g.
bars, restaurant)
Swimming Pool 1 space per 75 square feet of gross water surface
area
Tennis court 3 spaces per court
Retail Sales And Services 1 space per 300 square feet of gross floor area.
Business or Professional Offices 1 space per 300 square feet of gross floor area.
Drive-Up or In-Vehicle Sales and Service 2 spaces per drive-up lane
Indoor Eating and Drinking Establishments 1 space per 300 square feet of gross floor area
Outside Eating or Drinking Areas 1 space per 300 square feet of serving area.
Commercial Animal Boarding 1 space per 1,000 square feet of gross floor area.
Motels and Hotels 1 space per bedroom
Bed & Breakfast Establishment 1 space per bedroom
Campground 1.5 spaces per campsite
Mini-Warehouse Storage Facility 1 space per 1,000 square feet of gross floor area
Warehouse and Distribution Center 1 space per 1,000 square feet of gross floor area.
Industrial and Manufacturing 1 space per 1,000 square feet of gross floor area.
Utilities 1 space per 1,000 square feet of gross floor area.
5
(i) Uses not listed. For structures or uses not mentioned, the provision for a use that is similar
shall apply or the plan commission may rely on standards and parking ratios that appear in
the most recent edition of the Institute of Traffic Engineers Parking Generation Manual.
Floor space or area shall mean the gross floor area inside the exterior walls, where floor
space is indicated in the table in subsection (8) of this section as a basis for determining the
amount of off-street parking required.
(j) Combined uses. Combinations of any of the uses in the table in subsection (8) of this
section shall provide the total of the number of stalls required for each individual use. Two or
more uses may provide required off-street parking spaces in a common parking facility less
than the sum of the spaces required for each use individually, provided such uses are not
operated during the same hours. The following conditions must be met for any joint use:
a. The proposed joint parking space is within 500 feet of the use it will serve.
b. The applicant shall show that there is no substantial conflict in the principal operating hours
of the two buildings or uses for which joint use of off-street parking facilities is proposed.
c. A properly drawn legal instrument approved by the City board, executed by the parties
concerned, for joint use of off-street parking facilities shall be filed with the zoning
administrator. Such instrument may be a three party agreement, including the City and all
private parties involved. Such instrument shall first be approved by the City attorney.
(k) Handicapped parking requirements. In addition to any other requirements relating to
parking spaces contained in this Code, the provisions contained in Wis. Stats. §§ 101.13,
346.503 and 346.56, and any Wisconsin Administrative Code sections adopted pursuant
thereto are adopted by reference and made applicable to all parking facilities whenever
constructed.
(l) Changes in buildings or use. Whenever a building or use is changed, structurally altered, or
enlarged to create a need for an increase of 25 percent or more in the number of existing
parking spaces, such spaces shall be provided on the basis of the enlargement or change.
Whenever a building or use is enlarged to the extent of 50 percent or more in the floor area,
such building or use shall then comply with the parking requirements set forth in the district
in which it is located.
(m) Off-site parking.
(1) Required off-street parking spaces shall be located on the same lot with the principal
use, or when this requirement cannot be met, such parking spaces may be located offsite,
provided the parking spaces are located in the same district and not over 500 feet
from the principal use. When off-street parking facilities are permitted on land other than
the same lot as the principal use, such facilities shall be in the same possession as the
lot occupied by the use to which the parking facilities are necessary or in the possession
of the controller of the principal use to which the parking facilities are accessory. Such
possession shall be by deed whereby the owner of the land on which the parking
facilities are to be located shall be bound by a covenant filed and recorded in the office
of the county register of deeds requiring such owner, the owner's heirs or assigns to
maintain the required facilities for the duration of the use served.
(2) Off-site parking spaces for residential uses shall be within 250 feet of the principal
entrance or the entrance for the individual occupants for whom the spaces are reserved
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while the farthest portions of a parking lot for all other uses shall be within 400 feet of the
entrance of the establishment.
(3) Accessory parking may be located in residential districts, provided that such lots or
property are immediately adjacent to a commercial, business or industrial zoning district.
(4) All off-street parking lots adjoining lots zoned for residential use shall have a minimum
setback of ten feet from any interior lot line, except if the adjoining lot is used for legally
conforming parking purposes.
(n) Signs. Signs located in parking areas necessary for orderly operation of traffic movement
shall be permitted in addition to others permitted in this chapter.
(o) Reduction of parking areas. Off-street parking spaces shall not be reduced in number
unless such number exceeds the requirement set forth in this section.
(p) Exceptions.
(1) The plan commission may authorize exceptions to the parking standards or other
requirements of section 106-923 where the applicant can demonstrate that the proposed
use will generate less parking demand than the parking standard requirements, or where
an exception from the requirements would result in a site plan and development that
would benefit the City and be consistent with the intent of this chapter.. An applicant
requesting an exception to the parking requirements shall be required to demonstrate
and document the projected parking demand based on an analysis of similar or
comparable uses.
(2) The plan commission may require additional parking stalls where it is determined that
the proposed use is likely to generate a demand for more parking stalls than this chapter
would require.
(3) In granting exceptions to the parking standards, the plan commission may grant
conditional exceptions, subject to future review and reconsideration.
Sec. 130-1303. Highway access.
(a) Private access. No direct private access shall be permitted to the existing or proposed
rights-of-way of expressways or to any controlled access arterial street without permission of
the highway agency that has access control jurisdiction. No direct public or private access
shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways
and their interchanges or turning lanes or to intersecting or interchanging streets within
1,500 feet of the most remote end of the taper of the turning lanes, such as exit and
entrance ramps. No driveway openings shall be permitted within 100 feet of the intersection
of an arterial street right-of-way line.
(b) Barriers. Access barriers, such as curbing, fencing, ditching, landscaping, or other
topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to
the streets or highways specified in subsection (a) of this section.
(c) Temporary access permit. Temporary access to the rights-of-way specified in subsection
(a) of this section may be granted by the zoning administrator after review and
recommendation by the highway agencies having jurisdiction. Such access permit shall be
7
temporary, revocable, and subject to any conditions required and shall be issued for a
period not to exceed 12 months.
Sec. 130-1304. Storage and parking of recreational vehicles.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
(1) Boat. Every description of watercraft used or capable of being used as a means of
transportation on water.
(2) Recreational vehicle. Any of the following:
(3) Travel trailer. A vehicular, portable structure built on a chassis and on wheels that is
between ten and 36 feet long, including the hitch, and eight feet or less in width,
designated to be used as a temporary dwelling for travel, recreation, vacation, or other
uses and towed by a car, station wagon, or truck. It includes so-called fifth-wheel units.
(4) Pickup coach. A structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation, vacation, or other uses.
(5) Motor home. A portable, temporary dwelling to be used for travel, recreation, vacation,
or other uses, constructed as an integral part of a self-propelled vehicle.
(6) Camping trailer. A canvas or folding structure mounted on wheels and designed for
travel, recreation, vacation, or other uses.
(7) Chassis mounts, motor homes and mini-motor homes. Recreational structures
constructed integrally with a truck or motor-van chassis and incapable of being
separated.
(8) Converted and chopped vans. Recreational structures that are created by altering or
changing an existing auto van to make it a recreational vehicle.
(9) Boat or snowmobile trailer. A vehicle on which a boat or snowmobile may be
transported and is towable by a motor vehicle. When removed from the trailer, a boat or
snowmobile, for purposes of this section, is termed an "unmounted boat or
snowmobile."
(b) Permitted parking or storage. In all residential and commercial districts, it is permissible to
park or store a recreational vehicle or boat and boat trailer on private property in the
following manner:
(1) No part of the unit may extend over the public sidewalk or into public right-of-way.
(2) Parking is permitted only for storage purposes. Recreational vehicles, trailers, or boats
shall not be:
a. Used for dwelling purposes.
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b. Permanently connected to sewer lines, water lines, or electricity. The recreational
vehicle may be connected to electricity temporarily for charging batteries and other
purposes.
c. Used for storage of goods, materials, or equipment other than those items
considered to be part of the unit or essential for its immediate use.
(3) The recreational vehicle or boat shall be owned by the resident on whose property the
unit is parked for storage.
Sec. 130-1305. Storage of trucks, tractors and road machinery.
(a) Truck parking in residential areas. No motor vehicle with an empty weight in excess of
12,000 pounds, over 18 feet in length, or having a height of more than 8 feet from the
roadway, bearing a commercial license, including school buses, and no commercially
licensed trailer, including semitrailers, shall be parked or stored in a residential district,
except when loading, unloading, or rendering a service.
(b) Tractors and road machinery. No person shall park, keep, or maintain on properties zoned
as residential or multiple residential dwellings the following types of vehicles: tractors,
tractor-trailers, semitrailers, dump trucks, auto wreckers, and road machinery. Such vehicles
may not be kept or parked on the premises, whether or not they are in enclosed buildings,
except for the purposes of unloading or servicing the premises.
1
Revised Draft – January 22, 2010
As recommended by the ULDC Committee
CHAPTER 48. EROSION CONTROL
Section 48-1. Authority and administration.
(1) This ordinance is adopted under the authority granted by secs. 62.231 and 62.234,
Wisconsin State Statutes. This ordinance supersedes all conflicting and contradictory
storm water management regulations previously adopted by the city under sec.
62.23 Wisconsin State Statutes. Except as specifically provided for in secs. 62.231
or 62.234, sec. 62.23 applies to this ordinance and to any amendments to this
ordinance.
(2) The requirements of this ordinance do not preempt more stringent storm water
management requirements that may be imposed by the Wisconsin Department of
Natural Resources (“DNR”).
(3) The provisions of this ordinance are not intended to limit any other lawful regulatory
powers of the city.
(4) The city council designates the Building Inspector to administer and enforce the
provisions of this ordinance. The Building Inspector may refer projects to the City
Engineer or other professionals or specialists, where additional professional
expertise is required.
(Ord. 2005-27)
Section 48-2. Findings of fact.
(1) The city council finds that runoff from land disturbing construction activity carries a
significant amount of sediment and other pollutants to the waters of the state in and
near the city. The city council also finds that these sediments and other pollutants
have a detrimental effect on water quality and downstream water uses and increases
the potential for flooding of adjacent lands.
(2) Recognizing the well-established relationship between erosion and sedimentation
and the loss of water quality and the increased dangers of flooding, the city council
finds that effective erosion control practices should be required. The city council also
finds that construction site erosion and sediment control best management practices
(BMPs) are commonly available and effective, and that the effectiveness of these
BMPs depends upon proper planning and design, timely installation, and continuous
maintenance.
(Ord. 2005-27)
Section 48-3. Purpose and intent.
(1) PURPOSE. The general purpose of this ordinance is to promote the health, safety,
and general welfare of the people, preserve the natural resources, and protect the
quality of the waters of the state in and near the city. Specific purposes are to:
2
A. Minimize the amount of sediment and other pollutants carried by runoff or
discharged from land disturbing construction activities to the waters of the state,
or adjacent property, to the extent practicable.
B. Foster consistent, statewide application of the non-agricultural performance
standards developed by the DNR in subchapters III and IV of chapter NR 151,
Wisconsin Administrative Code.
C. Assist the city in becoming an "Authorized Local Program" under the National
Pollutant Discharge Elimination System Storm Water Phase 2 rules.
(2) INTENT. The intent of this ordinance is to require, through the use of a permit, BMPs
to reduce the amount of sediment and other pollutants leaving sites of land disturbing
construction activities. It is intended that permit holders be able to choose the most
cost-effective BMPs meeting the performance standards required under this
ordinance. This ordinance is not intended to limit activity or land division permitted
under the applicable zoning and land division ordinances.
(Ord. 2005-27)
Section 48-4. Jurisdiction, applicability and waivers.
(1) JURISDICTION. The provisions of this ordinance shall apply in all lands within the
jurisdictional boundaries of city.
(2) APPLICABILITY.
A. This ordinance applies to the following land disturbing construction activities
unless documentary evidence establishes that the project bids were advertised,
contracts signed where no bids were advertised, or substantial, on-site, work on
the project had been completed before the effective date of this ordinance:
1. Grading, removal of protective ground cover or vegetation, excavation, land
filling, or other land disturbing activity where:
a. The cumulative area affected exceeds a surface area of 1,000 square
feet on a slope of 12 percent or greater, or
b. Where the cumulative area affected exceeds a surface area of 4,000
square feet or more. This includes any activity directly affecting a
cumulative surface area less than 4,000 square feet that is part of a larger
construction site that in total disturbs more than 4,000 square feet.
2. Grading, removal of protective ground cover or vegetation, excavation, land
filling, or other activity affecting a cumulative surface area of more than 1,000
square feet, or more than 40 cubic yards of fill, within the Shoreland Overlay
District as defined in Chapter 100, City of Evansville Code of Ordinances;
3. Grading, excavation or filling, or any combination thereof, affecting 400 cubic
yards or more of soil, sand, or other excavation or fill material;
4. Laying, repairing, replacing, or enlarging underground pipe, cable, or wire for
a distance of 300 feet or more;
5. Disturbing 100 feet or more of road ditch, grass waterway, or other land area
where surface drainage flows in a defined open channel;
6. Constructing new public or private roads, access roads, or driveways, or
portions thereof, exceeding 100 feet in length;
7. Land disturbing construction activities relating to land divisions, including
subdivision plats, certified survey maps, and condominium plats requiring
public or quasi-public improvements;
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8. Land disturbing construction activities, on a site of any size, that have been
observed to cause, or have been determined likely to result in, undue channel
erosion, increased water pollution by scouring or the transportation of
particulate matter, or endangerment of property or public safety. The Building
Inspector shall make this determination after review by the Technical Review
Committee.
(3) EXEMPTIONS.
A. This ordinance does not apply to the following:
1. Nonpoint discharges from agricultural facilities and practices;
2. Nonpoint discharges from silviculture (forestry) activities;
3. Routine maintenance for project sites under 5 acres of land disturbance if
performed to maintain the original line and grade, hydraulic capacity or
original purpose of the facility.
4. Land disturbing construction activities conducted, or contracted by, a state
agency, as defined under sec. 227.01 (1), Wisconsin State Statutes, but also
including the office of district attorney, which is subject to the state plan
promulgated or a memorandum of understanding entered into under sec.
281.33 (2), Wisconsin State Statutes;
5. Land disturbing construction activity that includes the construction of a single
and two family buildings and manufactured dwellings otherwise regulated by
the Wisconsin Department of Commerce under COMM 21.125 or public
buildings regulated by COMM 61.115, Wisconsin Administrative Code;1
6. A construction project that is exempted by federal statutes or regulations from
the requirement to have a national pollution discharge elimination system
permit issued under chapter 40, Code of Federal Regulations, part 122, for
land disturbing construction activity;
7. Any emergency activity that is immediately necessary for the protection of
life, property, or natural resources.
B. Any project that is designed and/or certified by the City of Evansville, Rock
County Land Conservation Department, or the Natural Resources Conservation
Service (NRCS) of the United States Department of Agriculture as part of a soil
conservation or water pollution control project shall comply with all of the
requirements of this ordinance, but shall be exempted from obtaining a permit,
providing a financial guarantee, or paying fees under sec. 48-8.
C. Any land disturbing construction activity that is conducted by or for the city shall
comply with all of the requirements of this ordinance, including obtaining a permit
and submitting an erosion and sediment control plan, but shall be exempted from
providing a financial guarantee, or paying fees under sec. 48-8.
1. At the discretion of the Building Inspector, for land disturbing construction
activity that is conducted by or for the city, a qualified employee of the city
department, or agent, undertaking the construction activity may administer
the permit.
1 Note: COMM 21.125 refers to statewide construction standards and inspection standards for one- and 2
family dwellings and manufactured dwellings. COMM 61.115 refers to Wisconsin Pollution Discharge
Elimination System (WPDES) General Permit coverage for the construction of a public building or a
building that is a place of employment.
4
(4) WAIVERS.
A. The Building Inspector may, after review by the Technical Review Committee,
waive any or all of the requirements of this ordinance if the Building Inspector
determines that:
1. A requirement is not necessary for a particular site to ensure compliance with
the intent of this ordinance; or
2. Storm water runoff from the construction site activities will have no
appreciable off-site impact.
(Ord. 2005-27)
Section 48-5. Technical standards.
(1) All BMPs required to comply with this ordinance shall meet the design criteria,
standards and specifications identified, developed or disseminated by the DNR
under subchapter V of Chapter NR 151, Wisconsin Administrative Code.
(2) Where technical standards have not been identified or developed by the DNR, other
technical standards may be used provided that the methods have been approved by
the Building Inspector.
(3) The Building Inspector may develop a “Design Guidelines and Standards” manual to
supplement this ordinance. This manual will assist landowners, developers, and
consultants to comply with the provisions of this ordinance. The manual will include
approved best management practices (BMPs), either within the manual or by
reference, which may be used to meet the performance standards of this ordinance.
However, other BMPs that meet the performance standards of this ordinance may be
approved for use.
(Ord. 2005-27)
Section 48-6. Performance standards.
(1) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS.
A. All persons who conduct land disturbing construction activities under sec. 48-
4 of this ordinance shall design, install, apply and maintain erosion control
BMPs, either on or off the construction site, in accordance with a permitted
erosion and sediment control plan (plan) designed to limit sediments and
other pollutants from entering waters of the state, storm water systems, or
adjacent property. BMPs that limit erosion are preferable to those that control
runoff sediment. Accordingly, credit toward meeting the sediment reduction
goal will be given for limiting the duration, area, or both, of land disturbing
construction activity.
B. BMPs shall, by design, reduce pollutants from the construction site to the
maximum extent practicable by use of methods including, but not limited to,
the following:
1. Prevent gully and bank erosion.
2. Achieve a reduction of 80% of the sediment load carried in runoff, on an
average annual basis, as compared with no sediment or erosion controls until
the construction site has undergone final stabilization. The Building Inspector
5
may, upon written approval by the DNR, use a standard that is equivalent to
an 80 % reduction in sediment load. Erosion and sediment control BMPs may
be used alone or in combination to meet this requirement.
a. If BMPs cannot be designed to meet the standard in paragraph (B) 2., the
plan shall include a written and site-specific explanation as to why the
standard is not attainable and a statement that the sediment load shall be
reduced to the maximum extent practicable.
C. Calculations used to comply with paragraph (B) 2. shall be determined by a
methodology selected by the Building Inspector in consultation with the Technical
Review Committee .
D. For this ordinance, average annual basis is calculated using the appropriate
annual rainfall or runoff factor, also referred to as the R factor, or an equivalent
design storm using a type II distribution, with consideration given to the
geographic location of the site and the period of disturbance.
E. Where appropriate, sediment controls shall be implemented to do all of the
following:
1. Prevent tracking of sediment from the construction site onto roads and other
paved surfaces;
2. Prevent the discharge of sediment as part of site de-watering;
3. Protect separate storm drain inlet structures from receiving sediment.
F. The use, storage, and disposal of chemicals, cement, and other compounds and
materials used on the construction site shall be managed during the construction
period to prevent their entrance into the waters of the state, separate storm
sewers connecting to the waters of the state, or adjacent property. However,
projects that require the placement of these materials in the waters of the state,
such as constructing bridge footings, or BMP installations are not prohibited by
this paragraph.
G. Only clean fill may be used for restoration conducted on any land disturbing
construction activity.
H. BMPs for plan approval need not attempt to regulate soil transportation within the
boundaries of the applicant's site.
(2) MAINTENANCE OF BMPs. The permit holder shall maintain all BMPs necessary to
meet the requirements of this ordinance until the site has achieved final site
stabilization and a written BMP removal authorization has been received from the
Building Inspector.
(3) LOCATION. The BMPs used to comply with this section shall be located prior to
runoff entering the waters of the state. While regional treatment facilities are
appropriate for control of post-construction pollutants, they should not be used for
construction site sediment removal.
(4) ALTERNATE REQUIREMENTS.
A. The Building Inspector, after review by the Technical Review Committee, may
establish erosion and sediment control requirements more stringent than those
set forth in this section if the Building Inspector determines that an added level of
protection is needed to protect sensitive resources.
(Ord. 2005-27)
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Section 48-7. Permits and waivers.
(1) PERMIT OR WAIVER REQUIRED. No responsible party may undertake a land
disturbing construction activity subject to this ordinance without receiving a permit
from the Building Inspector, or a waiver as provided in sec. 48-4(4), prior to
beginning the proposed activity.
(2) PRELIMINARY REVIEW LETTER.
A. A preliminary review letter provides a potential permit applicant with a simple
initial evaluation of whether erosion and sediment control standards can be met
for a proposed site, lot layout, or construction design. This review is voluntary
and intended to assist applicants to obtain a permit. A preliminary review letter
does not guarantee that a plan will be approved, or that a permit will be issued.
Permit applications and plans must meet all applicable standards and criteria for
approval.
B. Preliminary Review Letter Procedure:
1. Any responsible party may apply for a preliminary review letter by submitting
an application using a form provided by the Building Inspector.
2. The Building Inspector will evaluate completed applications and may consult
other governmental departments or agencies. The Building Inspector may
request additional information from the applicant to better evaluate the
application.
3. The Building Inspector will provide the applicant with the preliminary review
letter within 10 working days from the date the last information concerning the
application is received.
4. The fee for preliminary review letters shall be determined according to sec.
48-8 of this ordinance. The amount of this fee shall be deducted from an
application fee for an erosion and sediment control permit for the site
reviewed.
(3) GENERAL PERMITS FOR PRIVATE UTILITY WORK PROJECTS
A. A General Permit may be issued for land disturbing construction activities which
are subject to this ordinance under secs. 48-4(2). conducted by or for utilities.
The following conditions apply to these General Permits.
1. General Permits will be issued to a utility for a one-year period.
2. An application for a General Permit must include a generic erosion control
plan or plans that include the best management practices (BMPs) typically
used on the land disturbing construction activities conducted by the applicant.
3. All land disturbing construction conducted under the General Permit must
meet the performance standards specified under sec. 48-6 of this ordinance
using best management practices referenced under sec. 48-5.
4. General Permit holders must notify the Building Inspector two days prior to
the planned beginning any land disturbing construction covered the General
Permit. This notification must include the following information:
a. Location of the planned land disturbing activity
b. Purpose of the planned land disturbing activity
c. Approximate amount of disturbance
d. Beginning and ending dates of the planned land disturbing activity
e. A simple sketch plan of the planned land disturbing activity
7
f. The name of those responsible for BMP installation or reestablishment, if
not the General Permit holder.
5. The enforcement, penalties appeals, and fee schedule provisions of this
ordinance shall apply to General Permits.
(4) PERMIT / WAIVER APPLICATION.
A. Any responsible party desiring a permit or waiver shall submit an application to
the Building Inspector using a form provided by the City.
1. If the application is from a land user, the application must be signed by the
landowner of the site where the land disturbing construction activities are to
take place. A notarized statement signed by the landowner authorizing the
applicant to act as the landowner's agent shall also be accepted, provided
that it binds the landowner to the terms of this ordinance and any permit
issued to the permit holder, including the enforcement actions set forth in sec.
48-9.
2. Submission of an application by one of several landowners or land users of a
particular site shall constitute an affirmation by the applicant of authority to
act on behalf of the other landowners or land users to apply for, receive, and
abide by the provisions of a permit. The city shall be under no obligation to
ascertain the legal authority of the applicant to so act.
3. A permit application shall consist of a completed application form, including a
waiver application for relief from any requirement deemed not necessary to
ensure compliance with the intent of this ordinance as provided for in sec. 48-
3, an erosion and sediment control plan, or simplified plan document as
described in sec. 48-7(5). and a non-refundable application review fee.
4. A waiver application, as provided for in sec. 48-4(4), shall consist of a
completed waiver application form, including complete documentation of the
justification for the requested waiver, and a non-refundable application review
fee.
5. Each application shall contain an agreement by the applicant that:
a. Authorizes the Building Inspector to enter the site to obtain information
required for the review of the application; and
b. Any land disturbing construction activity shall be conducted in accordance
with the provisions of an approved or amended permit.
(5) EROSION AND SEDIMENT CONTROL PLANS
A. PLAN REQUIRMENTS FOR CLASS ONE LAND DISTURBING
CONSTRUCTION ACTIVITIES.
1. Class One land disturbing construction activities contain:
a. One or more acres (43,560 square feet) of disturbed area;
b. 4,000 square feet or more of disturbed area if any portion of that
disturbed area contains slopes of 12% or greater;
c. More than 1,000 square feet, or a cumulative area of more than 1,000
square feet, of disturbed area, or more than 40 cubic yards of fill, if
located within the Shoreland Overlay District, as defined in Chapter 100,
City of Evansville Code of Ordinances.
2. The plan shall address pollution caused by soil erosion and sedimentation
during construction until a written BMP removal authorization is received, as
described in sec. 48-6(2). The plan shall include, at minimum, the following
items:
8
a. The name(s) and address(es) of the owner or developer of the site, and
the principal contact person of any consulting firm retained by the
applicant;
b. The start and end dates of land disturbing construction activity;
c. The intended sequence of major land disturbing activities at the site,
including stripping, rough grading, construction of utilities, infrastructure,
and buildings. Sequencing shall identify the expected date on which
clearing will begin, areas of clearing, the estimated duration of exposure
of cleared areas, installation of temporary erosion and sediment control
measures, and establishment of permanent vegetation;
d. Estimates of the total area of the site and the total area of the site that is
expected to be disturbed by construction activities;
e. Calculations showing compliance with the soil loss standards of sec. 48-
6(1).
f. Existing data describing the surface soils and subsoils;
g. Depth to groundwater, as indicated by NRCS soil information, where
available;
h. Name of the immediate receiving point of discharge identified on a United
States Geological Service topographical map.
i. A materials list for the proposed BMPs that will meet the minimum
requirements stated below in paragraph 4.
3. The plan shall include a site map. The site map shall be at a scale of either 1
inch equals 50 feet or 1 inch equals 100 feet, whichever is appropriate to the
site size and at a contour interval not exceeding 2 feet in areas with less than
20 percent slope. The site map shall include the following items:
a. Existing topography, vegetative cover, natural and engineering drainage
systems, and roads;
b. All surface waters, including lakes, rivers, streams, wetlands, channels,
ditches, and other watercourses on, or immediately adjacent to, the site;
c. Floodways and 100-year floodplains;
d. Boundaries of the construction site;
e. Drainage patterns and approximate slopes anticipated after major grading
activities;
f. Areas of soil disturbance;
g. Location of all structural and non-structural BMPs identified in the plan;
h. Location of all areas that will be vegetated following construction;
i. Areal extent of wetland acreage on the site and locations where storm
water is discharged to a surface water or wetland;
j. Locations of all surface waters and wetlands within one mile of the
construction site, on an inset map of a convenient scale;
k. Alphanumeric or equivalent grid overlying the entire construction site
map.
4. Each plan shall include a description of interim and permanent BMPs that will
be implemented at the site to prevent pollutants from reaching waters of the
state or adjacent property. The BMPs shall meet, when appropriate, the
following minimum requirements:
a. Preservation of existing vegetation where possible;
b. Stabilization of the disturbed portions of the site;
c. Diversion of flow away from exposed soils;
9
d. Store flows, or otherwise limit runoff and the discharge of pollutants from
the site. Unless otherwise specifically approved in writing by the Building
Inspector, structural BMPs shall be installed on upland soils.
e. Management of sheet flow runoff at all sites, unless otherwise controlled
by outfall controls;
f. Trapping of sediment in channelized flow;
g. Staging construction to limit bare areas subject to erosion;
h. Protection of downslope drainage inlets;
i. Minimization of tracking at all sites;
j. Clean up of off-site sediment deposits;
k. Proper disposal of building and waste materials at all sites;
l. Stabilization of drainage ways;
m. Control of soil erosion from soil stockpiles;
n. Installation of permanent stabilization BMPs immediately after final
grading;
o. Minimization of dust to the maximum extent practicable.
5. Velocity dissipation devices shall be placed at discharged locations and along
the length of any outfall channel as necessary to provide a non-erosive flow
from the structure to a watercourse so that the natural physical and biological
characteristics and functions are maintained and protected.
B. PLAN REQUIREMENTS FOR CLASS TWO LAND DISTURBING
CONSTRUCTION ACTIVITY.
1. Class Two land disturbing construction activities contain less than one acre
(43,560 square feet) of disturbed area with no portion of that disturbed area
containing slopes of 12% or greater. Class Two activities cannot be located
within the shoreland overlay district as defined in Chapter 100, City of
Evansville Code of Ordinances.
2. For Class Two sites the applicant may prepare a simplified plan document as
part of a permit application. Using an application form provided by the
Building Inspector, the simplified plan must contain a site description, a
simplified map, a description of the BMPs, and a schedule of implementation.
Applicants for a permit for Class Two sites are not required to provide
financial assurance as described in paragraph (10) of this section. The
submission of a simplified plan document does not relieve the permit holder
from achieving the performance standards found in sec. 48-6.
(6) EVALUATION AND APPROVAL OF APPLICATIONS. Within 3 working days of
receipt, the Building Inspector shall review applications to insure they are complete.
Any application found to be incomplete shall be returned to the applicant for
completion. Upon receiving a complete application, the Building Inspector shall use
the following approval/disapproval procedure:
A. Completed applications will be evaluated for compliance with the requirements of
this ordinance. Other governmental departments or agencies may be consulted
during application evaluation.
B. Additional substantive information may be requested from the applicant to better
evaluate the application.
C. Within 15 working days from the receipt of a complete permit application, or 10
working days from the receipt of additional information requested in accordance
with paragraph (B), whichever is later, the applicant shall be informed whether
10
the application has been approved or disapproved. The City engineer shall base
the decision on the requirements of this ordinance.
D. If the applicant is applying for a waiver, within 20 working days from the receipt of
a complete waiver application, or 10 working days from the receipt of additional
information requested in accordance with paragraph (B), whichever is later, the
applicant shall be informed whether the waiver application has been approved or
disapproved. The Building Inspector shall base the decision in consideration of
the recommendations of the Technical Review Committee and the requirements
of this ordinance.
E. Failure to inform an applicant of a decision within the applicable time specified in
paragraph (C) or (D) shall constitute approval of the application. If the application
was for a permit, the applicant may then proceed in accordance with the
provisions of the submitted plan, including any waivers requested in accordance
with sec. 48-4(3)(A). If the application was for a waiver under 48-4 (3) (B), the
waiver shall be deemed granted.
F. If the application is approved the Building Inspector shall issue the permit or
waiver.
G. An application for a permit may be approved with conditions determined by the
Building Inspector to be needed to meet the requirements of this ordinance.
H. If the application is disapproved, the Building Inspector shall notify the applicant
by certified mail and provide a written statement of the reasons for disapproval.
I. If the application is disapproved, or if the applicant does not agree with the permit
conditions, the applicant may request a review by the Technical Review
Committee. This request must be made in writing within 30 calendar days from
the date of the applicant was notified of the Building Inspector decision. The
schedule and procedure for a waiver described in paragraph (D) above will be
followed for this review.
(7) PERMIT MODIFICATIONS AT THE PERMIT HOLDER'S REQUEST. The permit
holder must obtain permission from the Building Inspector prior to modifying an
approved plan. Plans, or portions thereof, drawn by a certified erosion control
planner, professional engineer, surveyor, or landscape architect, must be amended
to show that the author has approved the modifications. These modifications must be
shown as amendments to the copy of the plan kept by the permit holder.
(8) PERMIT MODIFICATIONS AT THE BUILDING INSPECTOR'S REQUEST. If the
BMPs implemented as part of the approved plan are determined by the Building
Inspector to be inadequate to meet the performance standards of this ordinance, the
Building Inspector may modify the plan after consultation with the permit holder.
These modifications shall be provided to the permit holder in writing and shall be
shown as amendments to the copy of the plan kept by the permit holder. The permit
holder shall implement these modifications according to a timetable established in
the modifications.
(9) PERMIT CONDITIONS. All permits issued under this ordinance shall be subject to
the following conditions, and holders of permits issued under this ordinance shall be
deemed to have accepted these conditions. Compliance with this permit does not
relieve the permit holder of the responsibility to comply with other applicable federal,
state and local laws and regulations. All permits shall require the permit holder to:
A. Install and maintain all BMPs as identified in the approved plan;
11
B. Notify the Building Inspector within 2 working days of beginning land disturbing
construction activity. This notification is not necessary for minor land
disturbances undertaken to prepare for site development. Examples of minor
disturbances are: survey work, perk tests, well boring, installation of tracking
pads or culverts, stump rooting, or the installation of temporary electrical service;
C. Establish a site erosion control log to document the installation and maintenance
of BMPs required by the plan. This site erosion control log will not be required for
a Class Two land disturbing construction activity as provided for under sec. 48-
7(5)B of this ordinance;
D. Provide access to the erosion control log and a copy of the plan, including
approved amendments, for referral by the Building Inspector during site visits;
E. Notify the Building Inspector within 10 working days of the completion of the
installation of all BMPs required in the plan;
F. Inspect BMPs at least once each week and after each rain of 0.5 inches or more,
make needed repairs, and document the findings of the inspections in the site
erosion control log with the date of inspection and the name of the person
conducting the inspection;
G. Document and repair, with the permission of the property owner, any siltation or
erosion damage to adjoining surfaces and drainage ways resulting from land
disturbing construction activities. A financial consideration may be paid by the
permit holder in lieu of repair to the owner of affected property. The Building
Inspector must approve this financial consideration.
H. Allow the Building Inspector to enter the site for the purposes of inspecting
compliance with the plan;
I. Allow the Building Inspector, or agent, to enter the site for the purposes of
performing any work necessary to bring the site into compliance with the plan, as
provided in sec. 48-9 of this ordinance;
J. Complete all seeding or mulching called for in the plan by the next September
15th. If either permanent or temporary soil stabilization by seeding or mulching is
not accomplished by September 15, additional erosion control practices will be
required. These practices may include additional mulching, application of erosion
control matting, sodding, or application of polymer tackifiers. These additional
practices will be prescribed by the Building Inspector according to sec. 48-7(6).
(10)SITE VISITS.
A. If land disturbing construction activities are being conducted without a permit
required by this ordinance, a representative of the Building Inspector may enter
the land, pursuant to the provisions of secs. 66.0129 (1), (2) and (3), Wisconsin
State Statutes, to obtain information necessary to undertake enforcement and
penalties as provided by sec. 48.9of this ordinance.
B. The Building Inspector shall conduct a site visit of each construction site that
holds a permit under this ordinance at least once every 30 calendar days during
the period starting March 1 and ending October 31, and at least 2 times during
the period starting November 1 and ending February 28, to ensure compliance
with the provisions of the permit.
C. Site visits will be conducted at no additional cost to the permit holder, unless as
the result of the visit the Building Inspector determines that a previously issued
remedial action issued as part of a notice of non-compliance, as provided for in
sec. 48-9 of this ordinance, has not been accomplished as scheduled. The cost
of the site visit will then be billed to the permit holder, according to the fee
schedule adopted as provided for in sec. 48-8.
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(11) FINANCIAL GUARANTEE. As a condition of approval and issuance of the permit,
the Building Inspector shall require the applicant to submit a financial guarantee,
the form and type of which shall be acceptable to the Building Inspector. This
financial guarantee shall not be required in the case of a Class 2 activity, as
defined in sec. 48-7 (4) (B).
A. The financial guarantee shall be in an amount determined by the Building
Inspector to be adequate to ensure payment of the estimated costs of
implementing the plan.
B. The financial guarantee shall give the Building Inspector authorization to use the
funds to complete the plan if the permit holder defaults, or does not properly
implement the required BMPs in accordance with the approved plan. The
Building Inspector shall notify the permit holder in writing as provided for in sec.
48-9of this ordinance.
(12) PERMIT DURATION. Permits issued under this section shall be valid for one year
or until the site has achieved final site stabilization. After one year permits shall be
renewed monthly until the site has achieved final site stabilization. The Building
Inspector may require additional BMPs as a condition of the renewal if necessary
to meet the requirements of this ordinance. In the case where the land disturbing
construction activities do not begin within two years after the issuing of a permit,
that permit shall become void.
(Ord. 2005-27)
Section 48-8. Fee schedule.
(1) The city council, as part of the annual budget, shall determine the fees referenced in
other sections of this ordinance.
(2) Fees paid under this section shall equal as closely as possible the Building Inspector
costs of administrating the provisions of this ordinance, including applicant
consultations, application evaluation and approval, permit holder consultations and
site inspections.
(3) All fees shall be doubled if work is started before a permit is applied for and issued.
Such doubled fees shall not release the applicant from full compliance with this
ordinance nor from prosecution for violation of this ordinance.
(Ord. 2005-27)
Section 48-9. Enforcement and penalties.
(1) Any land disturbing construction activities initiated after the effective date of this
ordinance by any person, firm, association, or corporation subject to the provisions
of this ordinance shall be deemed a violation unless conducted in compliance with
the requirements of this ordinance.
(2) Every violation of this ordinance is a public nuisance. Compliance with this
ordinance may be enforced by injunctional order at the suit of the city pursuant to
sec. 62.23(7)(f), 62.23(7a)(g) and/or 62.23(8), Wisconsin State Statutes. It shall not
13
be necessary to prosecute for forfeiture before resorting to injunctional
proceedings.
(3) The Building Inspector shall notify the permit holder by certified mail of any noncomplying
land disturbing construction activity. The notice shall describe the nature
of the violation, remedial actions needed, a schedule for remedial action, and
additional enforcement action that may be taken. Non-complying activities include,
but are not limited to:
A. Any land disturbing construction activity regulated under this ordinance being
undertaken without a permit or waiver;
B. The plan not being implemented;
C. The conditions of the permit not being met.
(4) Upon receipt of written notification from the Building Inspector under paragraph (3)
(A) the permit holder shall comply with the remedial actions described in the notice.
(5) Upon receipt of written notification from the Building Inspector under paragraphs
(3) (B) or (3) (C), the permit holder shall correct work that does not comply with the
plan, or other provisions of the permit as necessary to meet the specifications and
schedule set forth in the notice.
(6) If a permit holder does not comply with the provisions of a notice of noncompliance,
the Building Inspector may revoke the permit.
(7) If non-compliance with this ordinance is determined by the Building Inspector as
likely to result in damage to adjacent property, public facilities, or waters of the
state, the Building Inspector may post a stop-work order at the time of notification.
(8) If the permit holder does not comply with the provisions of a notice of noncompliance,
or violates a stop-work order posed under paragraph (7), the Building
Inspector may request the City Attorney to obtain a cease and desist order in any
court with jurisdiction.
(9) Any permit revocation, stop-work order, or cease and desist order shall remain in
effect unless retracted by the Building Inspector, board of appeals, or by a court
with jurisdiction.
(10) If non-compliance with this ordinance is determined by the Building Inspector as
likely to result in damage to adjacent property, public facilities, or waters of the
state, the Building Inspector may issue to the permit holder or landowner a notice
of intent to perform specific work necessary to comply the requirements of an
approved plan, or to protect property, public facilities, or waters of the state.
(11) After 5 working days from issuing the notice of intent, the Building Inspector may
enter upon the land and perform work, or other operations necessary to bring the
condition of said lands into conformance with an approved plan, or to protect
adjacent property, public facilities, or waters of the state.
A. The Building Inspector shall keep a detailed account of the costs and expenses
of performing this work. These costs, plus legal and staff costs incurred by the
city, shall be billed to the owner of title of the property.
14
B. In the event a permit holder or landowner fails to pay the amount due, the
amount shall be deducted from any financial guarantee posted pursuant to
sec48-7(11) of this ordinance. Where such a financial guarantee has not been
established, or is insufficient to cover these costs and expenses, the amount
shall be entered on the tax roll as a special charge against the property and
collected with any other taxes levied thereon pursuant to subchapter VII of
chapter 66, Wisconsin State Statutes, for the year in which the work is
completed.
(12) Upon the receipt of assurances deemed sufficient by the Building Inspector, the
permit holder may be authorized by the Building Inspector to resume responsibility
for the BMPs undertaken under paragraph (11).
(13) Any person, firm, or corporation who removes, destroys, repositions, or otherwise
renders ineffective for a period of 2 working days or more any erosion control BMP
installed under a plan approved under this ordinance, unless acting in a manner
consistent with that plan, shall be in violation of this ordinance.
(14) Any person, firm, association, or corporation violating any of the provisions of this
ordinance shall be subject to a forfeiture of no less than 500 dollars, nor more than
5,000 dollars, and the costs of prosecution, including staff time, per offense. Each
day a violation exists shall constitute a separate offense.
(Ord. 2005-27)
Section 48-10. Appeals.
(1) BOARD OF APPEALS. The board of appeals:
A. Shall hear and decide appeals where it is alleged that there is an error in any
order, decision, or determination made by the Building Inspector in
administering this ordinance, except for cease and desist orders obtained under
sec. 48-9 (8);
B. Shall use the rules, procedures, duties, and powers authorized by statute, in
hearing and deciding appeals and authorizing variances; and
C. Upon appeal, may authorize variances from the provisions of this ordinance that
are not contrary to the public interest and where, owing to special conditions, a
literal enforcement of the provisions of this ordinance will result in unnecessary
hardship.
(2) WHO MAY APPEAL. Any applicant, permittee, or landowner may appeal within 30
calendar days of the date of any order, decision, or determination made by the
Building Inspector in administering this ordinance, relative to sites in which such
person has an interest.
(Ord. 2005-27)
Section 48-11. Severability.
If a court of competent jurisdiction judges any section, clause, provision, or portion of this
ordinance unconstitutional or invalid, the remainder of the ordinance shall remain in
force and not be affected by such judgment.
15
(Ord. 2005-27)
Section 48-12. Definitions.
Agency means the Building Inspector and the public works committee.
Agricultural Facility means a structure associated with an agricultural practice.
Agricultural Practice means beekeeping; commercial feedlots; dairying; egg production;
floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising
of grain, grass, mint, and seed crops; raising of fruits, nuts and berries; sod farming;
placing land in federal programs in return for payments in kind; owning land, at least 35
acres of which is enrolled in the conservation reserve program under 16 USC 3831 to
3836; and vegetable raising.
Applicant means the responsible party of a site subject to this ordinance.
Application Review Fee means money paid to the city clerk-treasurer by the permit
applicant for recouping the expenses incurred by in administering the provisions of this
ordinance.
Average Annual Rainfall means a calendar year of precipitation, excluding snow, which
is considered typical.
Bank Erosion means the removal of soil particles from a bank slope primarily caused by
water action, such as fluctuations in water volume and velocity, but also by climatic
conditions, ice and debris, chemical reactions, and changes in land and stream use.
Best Management Practice or BMP means structural or non-structural measures,
practices, techniques or devices employed to avoid or minimize sediment or pollutants
carried in runoff to waters of the state.
Cease and Desist Order means a court-issued order to halt land disturbing construction
activity that is being conducted without the required permit, or in violation of the terms of
a permit.
Clean Fill means uncontaminated soil, brick, building stone, concrete, reinforced
concrete, or broken pavement.
Channel means any natural or artificial watercourse constructed, developed, and utilized
for the drainage of surface waters.
Construction Site means an area upon which one or more land disturbing construction
activities occur, including areas that are part of a larger common plan of development or
sale where multiple separate and distinct land disturbing construction activities may be
taking place at different times on different schedules but under one plan.
Development means residential, commercial, industrial, or institutional land uses and
associated roads.
16
Disturbed means a site which, due to developing or disturbing activities, has or will
experience disturbance or destruction of the existing land surface and/or vegetative
cover.
Division of Land means the division of an existing lot or land parcel; the creation of a
condominium unit; an interest in real property (including land for a public facility) by the
owner thereof for the purpose of sale or building development.
DNR means the Wisconsin Department of Natural Resources.
Erosion means the process by which the land's surface is worn away by the action of
wind, water, ice, or gravity.
Erosion and Sediment Control Plan or Plan means a comprehensive plan developed to
address pollution caused by soil erosion and sedimentation of soil particles or rock
fragments during construction.
Facilities Development Manual means the most recent edition of the Facilities
Development Manual published by the Wisconsin Department of Transportation.
Final Site Stabilization means that all land disturbing construction activities at the
construction site have been completed and that a uniform, perennial vegetative cover
has been established with a density of at least 70% of the cover, for the unpaved areas
and areas not covered by permanent structures, or that employ equivalent permanent
stabilization measures.
Financial Guarantee means a performance bond, maintenance bond, surety bond,
irrevocable letter of credit, or similar guarantees submitted to the city clerk-treasurer by
the permit holder to assure that requirements of the ordinance are carried out in
compliance with the erosion and sediment control plan.
Gully Erosion means a severe loss of soil caused by, or resulting in concentrated flow of
sufficient velocity to create a defined flow channel.
Land Conservation Department means the Rock County Land Conservation Department
responsible for assisting the administration of erosion control and stormwater
management ordinances of Rock County.
Land Disturbing Construction Activity means any man-made alternations of the land
surface resulting in a change in the topography or existing vegetative and non-vegetative
soil cover, or the existing soil topography, that may result in runoff and lead to an
increase in soil erosion and movement of sediment into waters of the state. Land
disturbing construction activity includes, but is not limited to, clearing and grubbing,
demolition, excavating, pit trench dewatering, filling and grading activities, but does not
include agricultural land use or silviculture activities.
Land User means any person operating upon, leasing, or renting land, or having made
any other arrangements with the landowner by which the land user engages in uses of
land that are subject to this ordinance.
17
Landowner means person holding title to or having an interest in a parcel of land that
includes a site subject to this ordinance.
Maximum Extent Practicable means a level of implementing BMPs in order to achieve a
performance standard specified in this chapter which takes into account the best
available technology, cost effectiveness and other competing issues such as human
safety and welfare, endangered and threatened resources, historic properties and
geographic features. "Maximum extent practicable" allows flexibility in the way to meet
the performance standards and may vary based on the performance standard and site
conditions.
NRCS means the Natural Resources Conservation Service, a division of the United
States Department of Agriculture.
Off-site means located outside the property boundary described in the permit application
for land disturbing construction activity.
Performance Standard means a narrative or measurable number specifying the
minimum acceptable outcome for a facility or practice.
Permit means a written authorization made by the Building Inspector to the applicant to
conduct land disturbing construction activity or to discharge post-construction runoff to
waters of the state.
Pervious Surface means an area that releases as runoff a small portion of the rainfall
that falls upon it. Lawns, gardens, parks, forests, or other similar vegetated areas are
examples of surfaces that typically are pervious.
Pollutant means has the meaning given in sec. 283.01 (13), Wisconsin State Statutes.
Pollution means has the meaning given in sec. 281.01 (10), Wisconsin State Statutes.
Quasi-Public means essentially public, as in services rendered, although under private
ownership or control.
R Factor means a numeric value used in erosion modeling to account for the total
precipitation, intensity and duration patterns of precipitation events.
Responsible Party means any entity holding fee title to the property or performing
services to meet the performance standards of this ordinance through a contract or other
agreement.
Runoff means storm water or precipitation including rain, snow or ice melt or similar
water that moves on the land surface via sheet or channelized flow.
Sediment means settleable solid material that is transported by runoff, suspended within
runoff or deposited by runoff away from its original location.
Separate Storm Sewer means a conveyance or system of conveyances including roads
with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed
channels or storm drains, which meets all of the following criteria Is designed or used for
18
collecting water or conveying runoff, Is not part of a combined sewer system, Is not
draining to a storm water treatment device or system, Discharges directly or indirectly to
waters of the state.
Site means the entire area included in the legal description of which the land disturbing
construction activity is proposed in the permit application, or has occurred.
Site Visit means an in-person observation of the site by the Building Inspector to
determine compliance with this ordinance.
Sheet and Rill Erosion means a loss of soil caused by sheet flow or shallow
concentrated flow, and characterized by an absence of channeling, or a relatively
uniform loss across the exposed layer of the soil, or shallow irregular scouring of the soil
subsurface.
Sheet Flow Runoff means water, usually storm runoff, flowing in a thin layer of the
ground surface; also called overland flow.
Shoreland Overlay District means as defined in Chapter 100, City of Evansville Code of
Ordinances, an area within 1,000 feet of the ordinary high water mark of navigable lakes,
ponds or flowages, or within 300 feet of the ordinary high water mark of navigable rivers
or streams, or to the landward of the floodplain, whichever distance is greater.
Stabilized means that all disturbed ground, soil or soil storage piles have been contained
on site by filter barriers, fences, straw bales, or other BMPs.
Stop-Work Order means an order issued by the Building Inspector that requires that all
construction activity on the site be stopped.
Storm Water Basin means an artificially created catchment for the purposes of retaining,
detaining, or infiltrating storm water. A storm water basin may also be designed to collect
sedimentation.
Storm Water System means waters of the state, drainage swales, storm water basins,
storm sewers and pipes, storm drains, pumps, and lift stations, roads with drainage
systems, streets, curbs, gutters, ditches, constructed channels, culverts and all other
appurtenances now and hereafter existing, used or useful in connection with the
collection, control, transportation, treatment, or discharge of storm water.
Technical Review Committee means a committee comprised of the city engineer, zoning
administrator, and chair of the public works committee.
Technical Standard means a document promulgated by DNR that specifies design,
predicted performance and operation and maintenance specification for a material,
device or method.
Tracking Pad means a temporary graveled access located at points of vehicular access
to a construction site designed to retain sediment on-site.
19
Waters of the State means all lakes, bays, rivers, streams, ponds, wells, impounding
reservoirs, marshes, watercourses, drainage systems and other surface water or
groundwater, natural or artificial, public or private within Wisconsin, or its jurisdiction.
Working Day means Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any
such day officially observed by the city as a legal holiday.
Wisconsin Storm Water Manual means the Wisconsin Storm Water Manual from the
DNR.
(Ord. 2005-27)