The purpose of this article is to establish the procedural requirements
for zoning text amendments, Zoning Map amendments, conditional use
review and approval, temporary use review and approval, site plan
review and approval, certificates of occupancy, variances, zoning
provision interpretations by the Zoning Administrator, and appeals
of zoning provision interpretations to the Zoning Board of Appeals.
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed amendments to provisions of this chapter. [Refer
to the requirements of § 62.23(7)(d), Wis. Stats.]
C.
Application requirements. All applications for proposed amendments to this chapter, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
A copy of the portion of the current provisions of this chapter
which is proposed to be amended, with said provisions clearly indicated
in a manner which is clearly reproducible with a photocopier;
(2)
A copy of the text which is proposed to replace the current
text; and
(3)
As an optional requirement, the applicant may wish to provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the recommendation of the Comprehensive Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (d) below.
D.
Review by the Zoning Administrator. The proposed text amendment shall
be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify the applicant.
(3)
The Zoning Administrator may also evaluate the application to determine whether the proposed text amendment is in harmony with the recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (d) below:
(b)
The proposed text amendment furthers the purposes of the general
article in which the amendment is proposed to be located.
(c)
The proposed text amendment furthers the purposes of the specific
section in which the amendment is proposed to be located.
(d)
The following factors have arisen that are not properly addressed
in the current zoning text:
[1]
The provisions of this chapter should be brought into conformity
with the Comprehensive Plan. (If a factor related to the proposed
amendment, note pertinent portions of the Comprehensive Plan.)
[2]
A change has occurred in the land market or other factors have arisen
which require a new form of development, a new type of land use, or
a new procedure to meet said change(s).
[3]
New methods of development or providing infrastructure make it necessary
to alter this chapter to meet these new factors.
[4]
Changing governmental finances require amending this chapter in order
to meet the needs of the government in terms of providing and affording
public services.
(4)
The Zoning Administrator shall forward the report per Subsection D(2) and, if it has been prepared, the report per Subsection D(3) to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and recommendation by the Plan Commission. The Common Council
shall not make an amendment to this chapter without allowing for a
recommendation from the Plan Commission per the provisions of this
subsection.
(1)
The Plan Commission shall consider the application at a regular
or special meeting open to the public, which date shall be deemed
the date of filing with the Commission, within a reasonable period
after the acceptance and determination of the complete application
as determined by the Zoning Administrator. The applicant may appear
in person or by agent and/or by attorney.
(2)
Within 60 days after the public meeting (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission may make a written report to the Common Council and/or shall state in the minutes its findings regarding Subsection D above and its recommendations regarding the application as a whole. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (d) above.
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection E(2) above], then the Common Council may proceed per Subsection F below. Failure to receive said written report from the Plan Commission per Subsection E(1) above shall not invalidate the proceedings or actions of the Common Council.
(4)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written report its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (d) above, after taking into consideration the proposal by the applicant.
F.
Review and action by the Common Council. The Common Council shall
consider the Plan Commission's recommendation regarding the proposed
text amendment. The Council may request further information and/or
additional reports from the Plan Commission, Zoning Administrator
and/or the applicant.
(1)
A public hearing before the Common Council will be schedule
to consider the application within a reasonable time after receipt
of the written recommendation from the Plan Commission. The applicant
may appear in person or by agent and/or by attorney. Notice of the
proposed amendment and the public hearing shall conform to the requirements
of § 62.23(7)(d), Wis. Stats. Said notice shall contain
a description of the proposed text change. In addition, at least 10
days before said public hearing, the Zoning Administrator shall mail
an identical notice to the applicant and to the clerk of any municipality
whose boundaries are within 1,000 feet of any portion of the jurisdiction
of this chapter. Failure to mail said notice, provided it is unintentional,
shall not invalidate proceedings under this section.
(2)
At the next Common Council meeting, the Council may take final
action on the application at the time of public hearing or may continue
the proceedings, at the Council's or applicant's request. The Common
Council may approve the amendment as originally proposed, may approve
the proposed amendment with modifications (per the recommendations
of the Zoning Administrator, the Plan Commission, authorized outside
experts, its own members, or public input), or may deny approval of
the proposed amendment. If the Common Council wishes to make significant
changes in the proposed text amendment, as recommended by the Plan
Commission, then the procedure set forth in § 62.23(7)(d),
Wis. Stats., shall be followed prior to Council action.
(3)
When the Common Council takes affirmative action on the application, it shall state in the adopting ordinance its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment sufficiently outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (d) above, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission. Any action to approve or allow the proposed amendment requires a majority vote of the Council. The Common Council's approval of the proposed amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.
G.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change of factors found valid by the Zoning Administrator.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of the Official Zoning Map (see § 550-18). Refer to the requirements of § 62.23(7)(d), Wis. Stats.
B.
Initiation of request for amendment to Official Zoning Map. Proceedings
for amendment of the Official Zoning Map may be initiated by any one
of the following three methods:
C.
Application requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
The City shall prepare a map of the subject property, showing
all lands for which the zoning is proposed to be amended and all other
lands within 300 feet of the boundaries of the subject property, together
with the names and addresses of the owners of all lands on said map
as they appear on the current assessment records of the City of Watertown.
Said map shall clearly indicate the current zoning of the subject
property and its environs and the jurisdiction(s) which maintains
that control. Said map and all its parts and attachments shall be
submitted in a form which is clearly reproducible with a photocopier
and shall be at a scale not less than one inch equals 800 feet. All
lot dimensions of the subject property, a graphic scale, and a North
arrow shall be provided;
(2)
The City shall supply a map, such as the Land Use Plan Map,
of the generalized location of the subject property in relation to
the City as a whole; and
(3)
As an optional requirement, the applicant may wish to provide justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (c) below.
D.
Review by the Zoning Administrator. The proposed amendment to the
Official Zoning Map shall be reviewed by the Zoning Administrator
as follows:
(1)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application, per Subsection C(3) above.
(3)
The Zoning Administrator may also evaluate the application to determine whether the proposed Zoning Map amendment is in harmony with the recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (c) below:
(a)
The proposed Official Zoning Map amendment furthers the purposes of this chapter as outlined in § 550-5 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).
(b)
The following factors have arisen that are not properly addressed
on the current Official Zoning Map:
[1]
The designations of the Official Zoning Map should be brought
into conformity with the Comprehensive Plan.
[2]
A mistake was made in mapping on the Official Zoning Map. (That
is, an area is developing in a manner and purpose different from that
for which it is mapped.) Note: If this reason is cited, it must be
demonstrated that the discussed inconsistency between actual land
use and designated zoning is not intended, as the City may intend
to stop an undesirable land use pattern from spreading.
[3]
Factors have changed (such as the availability of new data,
the presence of new roads or other infrastructure, additional development,
annexation or other zoning changes) making the subject property more
appropriate for a different zoning district.
[4]
Growth patterns or rates have changed, thereby creating the
need for an amendment to the Official Zoning Map.
(c)
The proposed amendment to the Official Zoning Map maintains
the desired consistency of land uses, land use intensities, and land
use impacts as related to the environs of the subject property.
(4)
The Zoning Administrator shall forward the report per Subsection D(2) and, if it has been prepared, the report per Subsection D(3) to the Plan Commission for the Commission's review and use in the making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Initial review by the Plan Commission and scheduling of Common Council
public hearing. The Common Council shall not make an amendment to
the Official Zoning Map without allowing for a recommendation from
the Plan Commission per the provisions of this subsection.
(1)
The Plan Commission shall schedule a reasonable time and place
for a public meeting to hear the application within 45 days of the
acceptance and determination of the complete application as determined
by the Zoning Administrator. The applicant may appear in person, by
agent and/or by attorney.
(2)
Within 60 days after the public meeting (or within an extension
of said period requested in writing by the applicant and granted by
the Plan Commission), the Plan Commission shall schedule a public
hearing before the Common Council.
F.
Common Council public hearing and referral to Plan Commission. The Common Council shall hold a public hearing on the requested Zoning Map amendment and refer the matter and public hearing minutes to the Plan Commission for its recommendations to the Common Council. The applicant may appear before the Common Council in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant, to all property owners within 300 feet of the boundaries of the subject property as identified in Subsection C(1) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
G.
Review and recommendation by the Plan Commission. The Common Council
shall not make an amendment to the Official Zoning Map without allowing
for a recommendation from the Plan Commission per the provisions of
this subsection.
(1)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Common Council stating its findings regarding Subsection D above and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (c).
(2)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection G(1) above], then the Common Council may act on the application within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection G(1) above shall not invalidate the proceedings or actions of the Common Council.
(3)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (c) above, after taking into consideration the proposal by the applicant.
H.
Review and action by the Common Council. The Common Council shall
consider the Plan Commission's recommendation regarding the proposed
amendment to the Official Zoning Map. The Council shall hold two readings
of the ordinance unless the Council votes to waive this requirement.
The Council may request further information and/or additional reports
from the Plan Commission, the Zoning Administrator, and/or the applicant.
The Council may take final action on the application to amend the
Official Zoning Map following the second reading or may continue the
proceedings, at the Council's or the applicant's request. The Common
Council may approve the amendment as originally proposed, may approve
the proposed amendment with modifications (per the recommendations
of the Zoning Administrator, the Plan Commission, authorized outside
experts, its own members, or public input) or may deny approval of
the proposed amendment. If the Common Council wishes to make significant
changes in the proposed amendment to the Official Zoning Map, as recommended
by the Plan Commission, then the procedure set forth in § 62.23(7)(d),
Wis. Stats., shall be followed prior to Council action. Any action
to amend the Official Zoning Map requires a majority vote of the Council.
The Common Council's approval of the requested amendment shall be
considered the approval of a unique request and shall not be construed
as precedent for any other proposed amendment.
I.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change of factors found valid by the Zoning Administrator.
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern
the procedure and requirements for the review and approval, or denial,
of proposed conditional uses. Amendments to existing conditional uses
shall follow the same procedures as required for new conditional uses.
(2)
Certain uses in situations which are of a special nature or
are so dependent upon actual contemporary circumstances as to make
impractical the predetermination of permissibility or the detailing
in this chapter of specific standards, regulations or conditions which
would permit such determination in each individual situation may be
permitted as conditional uses.
(3)
Under this chapter, a proposed conditional use shall be denied
unless the applicant can demonstrate, to the satisfaction of the City,
that the proposed conditional use will not create undesirable impacts
on nearby properties, the environment or the community as a whole.
B.
Initiation of request for approval of a conditional use. Proceedings
for approval of a conditional use may be initiated by an application
of the owner(s) of the subject property, lease holders, or contract
purchasers.
C.
Application requirements. All applications for proposed conditional uses, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
The City shall prepare a map of the subject property, showing
all lands for which the conditional use is proposed and all other
lands within 200 feet of the boundaries of the subject property, together
with the names and addresses of the owners of all lands on said map
as the same appear on the current assessment records of the City of
Watertown. Said map shall clearly indicate the current zoning of the
subject property and its environs and the jurisdiction(s) which maintains
that control. Said map and all its parts and attachments shall be
submitted in a form which is clearly reproducible with a photocopier
and shall be at a scale that is not less than one inch equals 800
feet. All lot dimensions of the subject property, a graphic scale,
and a North arrow shall be provided.
(2)
The City shall supply a map, such as the Land Use Plan Map,
of the generalized location of the subject property in relation to
the City as a whole.
(3)
A written description of the proposed conditional use, describing
the type of activities, buildings and structures proposed for the
subject property and their general locations.
(4)
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 550-145C, as determined by the Zoning Administrator. If the proposed conditional use is a group development (per § 550-145), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per § 550-145, as determined by the Zoning Administrator.
(5)
As an optional requirement, the applicant may wish to provide written justification for the proposed conditional use, consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in Subsection D(3)(a) through (f) below.
D.
Review by the Zoning Administrator. The proposed conditional use
shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per Subsection C(5) above.
(3)
The Zoning Administrator shall also evaluate the application to determine whether the requested conditional use is in harmony with the recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:
(a)
The proposed conditional use (the use in general, independent
of its location) is in harmony with the purposes, goals, objectives,
policies and standards of the City of Watertown Comprehensive Plan,
this chapter, and any other plan, program or ordinance adopted or
under consideration pursuant to official notice by the City.
(b)
The proposed conditional use (in its specific location) is in
harmony with the purposes, goals, objectives, policies and standards
of the City of Watertown Comprehensive Plan, this chapter, and any
other plan, program or ordinance adopted or under consideration pursuant
to official notice by the City.
(c)
The proposed conditional use, in its proposed location and as depicted on the required site plan [see Subsection C(4) above], does not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide development.
(d)
The proposed conditional use maintains the desired consistency
of land uses, land use intensities, and land use impacts as related
to the environs of the subject property.
(e)
The proposed conditional use is located in an area that will
be adequately served by, and will not impose an undue burden on, any
of the improvements, facilities, utilities or services provided by
public agencies serving the subject property.
(f)
The potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use [as identified in Subsection D(3)(a) through (e) above], after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.
(4)
The Zoning Administrator shall forward the reports per Subsection D(2) to the Plan Commission for the Commission's review. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and action by the Plan Commission. The Plan Commission shall
consider the Zoning Administrator's recommendation regarding the proposed
conditional use. The Commission may request further information and/or
additional reports from the Zoning Administrator and/or the applicant.
[Amended by Ord. No. 07-08]
(1)
The Zoning Administrator shall schedule a public hearing to consider the application within a reasonable time after receipt of the application. The applicant may appear in person or by agent and/or by attorney. Notice of the proposed conditional use and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed conditional use. In addition, at least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant, to all property owners within 200 feet of the boundaries of the subject property as identified in Subsection C(1) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice to said clerk(s) of such neighboring municipalities, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
The Plan Commission may take final action on the application
at the time of public hearing or may continue the proceedings. The
Plan Commission may approve the conditional use as originally proposed,
may approve the proposed conditional use with modifications (per the
recommendations of the Zoning Administrator, authorized outside experts,
its own members, or public input), or may deny approval of the proposed
conditional use. If the Plan Commission wishes to approve significant
changes in a proposed conditional use which result in more development
than proposed at the time of public notice, then the procedure set
forth in § 62.23(7)(d), Wis. Stats., shall be followed prior
to Commission action.
(3)
When the Plan Commission takes affirmative action on the application, it shall state in the minutes its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed conditional use sufficiently outweigh any and all potential adverse impacts of the proposed conditional use, as identified in Subsection D(3)(a) to (f) above, after taking into consideration the proposal by the applicant, the recommendation of the Zoning Administrator, and any public input. Any action to approve or allow the proposed conditional use requires a majority vote of the Commission. The Plan Commission's approval of the proposed conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
F.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change of factors found valid by the Zoning Administrator.
G.
Termination of an approved conditional use. Upon approval by the Plan Commission, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 550-145. Once a conditional use is granted, no erosion control permit, site plan approval (per § 550-145), occupancy permit (per § 550-146), or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter or conditions of its approval shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Plan Commission following the procedures outlined in Subsections B through F above.
H.
Time limits on the development of conditional use. The start of construction
of any and all conditional uses shall be initiated within 365 days
of their approval by the Plan Commission and shall be operational
within 730 days of said approval. Failure to initiate development
within this period shall automatically constitute a revocation of
the conditional use. For the purposes of this section, "operational"
shall be defined as the granting of a occupancy permit for the conditional
use. Prior to such a revocation, the applicant may request an extension
of this period. Said request shall require formal approval by the
Plan Commission and shall be based upon a showing of acceptable justification
(as determined by the Plan Commission).
I.
Discontinuing an approved conditional use. Any and all conditional
uses which have been discontinued for a period exceeding 365 days
shall have their conditional use invalidated automatically. The burden
of proof shall be on the property owner to conclusively demonstrate
that the subject conditional use was operational during this period.
J.
Successor conditional uses.
[Amended by Ord. No. 14-1]
(1)
Definition. A "successor conditional use" is a land use which
has been granted a conditional use permit by the City which is proposed
to undergo one or more of the following:
(a)
No change in the specific land use within the same broad land use category identified with the lettered headings listed in Article IV of this chapter (such as remaining a restaurant under "H. Indoor commercial entertainment" or remaining an elementary school under "C. Indoor institutional");
(b)
Only a change in the ownership of the subject property;
(c)
Only a change in the ownership of the business or other operator
of the land use; and
(d)
Other changes explicitly identified in a currently valid conditional
use permit which are identified as acceptable as a successor conditional
use.
(2)
Purpose. The purpose of these provisions is to create a process
which:
(a)
Verifies that the proposed change is a valid successor conditional
use;
(b)
Creates a record that the proposed change is recognized by the
City as a successor conditional use;
(c)
Clarifies that the same conditions of approval, development
and operation continue to apply to a successor conditional use; and
(d)
Reduces the costs and time needed to approve a successor conditional
use.
(3)
Approval process. A successor conditional use shall not require
the granting of a new conditional use permit by the City. However,
prior to operation of the successor conditional use, the property
owner and the operator of the successor conditional use shall sign
a Successor Conditional Use Extension Form, provided by the Zoning
Administrator (or an official designee). This form shall list the
conditions from the original conditional use permit, and the signatures
shall indicate that the property owner and conditional use operator
understand the conditions and acknowledge that they are extended to
their successor conditional use. The executed form, also signed by
the Zoning Administrator (or an official designee) to indicate acceptance
of the extension, shall be recorded at the County Register of Deeds
for the subject property. To enable operation of the successor conditional
use, the Zoning Administrator's office shall be provided with a copy
of the form, which includes the Register of Deeds' recording number.
(4)
Proposed expansions are not eligible. Any physical enlargement
of a previously approved conditional use in terms of buildings, structures,
activity areas, and/or any expansion of the conditions of operation,
beyond the limits of site plans, floor plans and conditions of operation
approved through the conditional use process, shall not be eligible
for treatment as a successor conditional use and must seek an amendment
to its conditional use permit through the conditional use process.
(5)
Ineligible land uses. The following land uses are not eligible for treatment as a successor conditional use and shall require approval of a new limited conditional use permit which is specific to both the business owner and to the property owner, per Subsection J(6) below:
(6)
Limited conditional use. Limited conditional use is any development,
activity or operation for which a conditional use permit has been
approved that is limited to a specific operator or property owner
or to a specific date or event upon which the conditional use permit
either expires or is required to be reviewed and reapproved. The Plan
Commission may recommend and the Common Council may designate any
proposed conditional use request as a limited conditional use. The
Plan Commission shall specify which of the following characteristics
are present that create the need for the limited conditional use:
(a)
A particular aspect of the specific land use.
(b)
A particular aspect of the proposed operation (including, but
not limited to, operating hours).
(c)
A particular aspect of the proposed location.
(d)
A particular aspect of the proposed site design.
(e)
A particular aspect of an adjacent property or of the surrounding
environs.
(f)
Any other reason(s) the Common Council deems especially relevant
and material.
K.
Recording of conditional use requirements. Except for conditional
use approvals for temporary uses, a conditional use permit form, containing
identifiable description and any specific requirements of approval,
shall be recorded by the City with the County Register of Deeds office.
L.
Uses now regulated as conditional uses which were approved as legal
land uses, permitted by right or as conditional uses, prior to the
effective date of this chapter. A use now regulated as a conditional
use, which was approved as a legal land use, either permitted by right
or as a conditional use, prior to the effective date of this chapter,
shall be considered as a legal, conforming land use so long as the
previously approved conditions of use and site plan are followed.
Any modification of the previously approved conditions of use or site
plan shall require application and City consideration under this section.
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern
the procedure and requirements for the review and approval, or denial,
of a proposed temporary use.
(2)
Temporary uses are those uses that have the potential to create
undesirable impacts on nearby properties if allowed to develop simply
under the general requirements of this chapter. In addition to such
potential, temporary uses also have the potential to create undesirable
impacts on nearby properties that potentially cannot be determined
except on a case-by-case basis. In order to prevent this from occurring,
all temporary uses are required to meet certain procedural requirements
applicable only to temporary uses, in addition to the general requirements
of this chapter and the requirements of the zoning district in which
the subject property is located.
B.
Regulations applicable to all temporary uses. A demonstration that the developer proposes to meet all temporary use requirements of this section must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this chapter (see § 550-146). Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
C.
Application requirements. All applications for proposed temporary
uses shall be approved as complete by the Zoning Administrator prior
to certification of the proposed temporary use. Said complete application
shall be comprised of all of the following:
(1)
A map of the subject property, showing all lands for which the
temporary use is proposed and all other lands within 200 feet of the
boundaries of the subject property. Said map shall clearly indicate
the current zoning of the subject property and its environs and the
jurisdiction(s) which maintains that control. Said map and all its
parts and attachments shall be submitted in a form which is clearly
reproducible with a photocopier and shall be at a scale not less than
one inch equals 800 feet. All lot dimensions of the subject property,
a graphic scale, and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized location
of the subject property in relation to the City as a whole;
(3)
A written description of the proposed temporary use describing
the type of activities, buildings and structures proposed for the
subject property and their general locations; and
A.
The Common Council hereby finds and declares that it is necessary
to create a Site Plan Review Committee to effectively carry out the
policies of the City of Watertown and to assist the Plan Commission
and the Common Council in managing the direction of growth and planning
within the City of Watertown.
B.
There is hereby created a Site Plan Review Committee, which shall
consist of the Public Works Director/City Engineer or Assistant Public
Works Director/City Engineer, City Planner, City Building Inspector,
Fire Chief, Watertown Utility Manager, Wastewater Treatment Plant
Manager, Police Chief or designee, and other such members as are from
time to time appointed by the Mayor.
[Amended 7-5-2022 by Ord. No. 22-63]
C.
Functions and duties.
(1)
It shall be the function and duty of the Site Plan Review Committee
to review site development plans and to make recommendations to the
Plan Commission regarding the technical aspects of the proposed development
and the compatibility of the proposed site development plan with adopted
Common Council policies and ordinances.
(2)
The Committee shall notify and solicit comments and suggestions
on the proposed site development plan from other department heads
of the City or appropriate state or federal agencies or appropriate
public utilities and incorporate said comments and suggestions into
the Committee's site development plan review process.
(3)
In its review of such site development plans, the Committee
shall apply the stated purposes and standards set forth herein.
A.
Purpose. The purpose of this section is to specify the requirements
and procedures for the review and approval of site plan applications.
The provisions of this section are designed to ensure that all proposed
land use and development activity complies with the requirements of
this chapter. Specifically, this section requires that the initiation
of all development activity (including building permits, zoning certificates,
occupancy permits for a change of use of an existing lot or structure
where there is contemplated a site plan revision, clear-cutting, grading
or filling) requires the approval of site, building and operational
plans by the City Plan Commission before the building, occupancy and
zoning permits can be issued; except, however, that development activity
associated with an approved final plat of subdivision or certified
survey map for single-family and/or duplex/twin home dwelling units,
and development activity associated with the full and complete implementation
of a project approved within the PIP phase of the planned unit development
district (PUD), is exempt from this requirement.
B.
Procedure.
(1)
Initiation of request for approval of a site plan. Proceedings
for approval of a site plan shall be initiated by the owner(s) of
the subject property, lease holders, contract purchasers, or their
legally authorized representative(s).
(2)
Property and development subject to site plan review:
(a)
All new commercial, industrial, public facility, institutional,
office or conditionally permitted use development construction (including
site work, infrastructure work, and public facility work) and all
external expansion of existing commercial, industrial, public facility,
institutional, office or conditionally permitted use development,
where the principal proposed use of the new building area equals or
exceeds 1,000 square feet or the value of the construction exceeds
$25,000.
(b)
Any change of land use.
(c)
All new residential construction of multiple-family structures
containing three or more dwelling units.
C.
Application requirements. Any property owner subject to the terms
of this section shall, prior to the commencement of any construction
and at or before the time of filing any other application or petition
within the City, file with the Zoning Administrator or his designee,
at least seven days before a regular Site Plan Review Committee meeting,
two copies of a proposed site development plan containing a brief
written summary of the proposed development as well as the following
information:
(1)
Written description of the intended use describing in reasonable
detail the:
(a)
Existing zoning district(s) [and proposed zoning district(s)
if different];
(b)
Land use plan map designation(s);
(d)
Current land uses present on the subject property;
(f)
Projected number of residents, employees and daily customers;
(g)
Proposed amount of dwelling units, floor area, impervious surface
area, and landscape surface area, and resulting site density, floor
area ratio, impervious surface area ratio, and landscape surface area
ratio;
(h)
Operational considerations relating to hours of operation, projected
normal and peak water usage, sanitary sewer or septic loadings, and
traffic generation;
(i)
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article XI (§§ 550-104 through 550-124), including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Article XI), then the statement "The proposed development shall comply with all requirements of Article XI" shall be provided;
(l)
Any other information pertinent to adequate understanding by
the Plan Commission of the intended use and its relation to nearby
properties.
(2)
A small location map at 11 inches by 17 inches, showing the
subject property and illustrating its relationship to the nearest
street intersection. (A photocopy of the pertinent section of the
City's Land Use Plan Map, with the subject property clearly indicated,
shall suffice to meet this requirement.)
(3)
A property site plan drawing (and reduction at 11 inches by
17 inches), which includes:
(a)
A title block which indicates the name, address and phone/fax
number(s) of the current property owner and/or agent(s) (developer,
architect, engineer, planner) for the project;
(b)
The date of the original plan and the latest date of revision
to the plan;
(c)
A North arrow and a graphic scale; said scale shall not be smaller
than one inch equals 100 feet;
(d)
A legal description of the subject property;
(e)
All property lines and existing and proposed right-of-way lines
with bearings and dimensions clearly labeled;
(f)
All existing and proposed easement lines and dimensions with
a key provided and explained on the margins of the plan as to ownership
and purpose;
(g)
All required building setback lines;
(h)
All existing and proposed buildings, structures and paved areas,
including building entrances, walks, drives, decks, patios, fences,
utility poles, drainage facilities, and walls;
(i)
The location and dimension (cross section and entry throat)
of all access points onto public streets;
(j)
The location and dimension of all on-site parking (and off-site
parking provisions if they are to be employed), including a summary
of the number of parking stalls provided versus required by this chapter;
(k)
The location and dimension of all loading and service areas
on the subject property and labels indicating the dimension of such
areas;
(l)
The location of all outdoor storage areas and the design of
all screening devices;
(m)
The location, type, height, size and lighting of all signage
on the subject property;
(n)
The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with § 550-110;
(o)
The location and type of any permanently protected green space
areas;
(p)
The location of existing and proposed drainage facilities; and
(4)
A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Article X. (Note: The individual plant locations and species, fencing types and heights, and berm heights need to be provided.)
(5)
A grading and erosion control plan at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the Public Works Director/City Engineer, in accordance with the design standards and construction specifications of Chapter 545, Subdivision of Land.
[Amended 7-5-2022 by Ord. No. 22-63]
(6)
Elevation drawings of proposed buildings or proposed remodeling of existing buildings, showing finished exterior treatment, shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings. (Refer to § 550-121.)
(7)
A certified survey or plat of survey may be required by the
Zoning Administrator in instances where he determines compliance with
setback requirements may be difficult. The survey shall be prepared
by a professional land surveyor and shall depict property lines and
proposed buildings, structures and paved areas.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(8)
A detailed site analysis per the following submission and review
process:
(a)
Purpose. The detailed site analysis required by this section
is designed to provide the clear identification of permanently protected
green space areas on a site that is proposed for development. The
detailed survey work required to identify these areas accurately on
a map is not required prior to the initiation of development concept
plans for an area. A detailed site analysis shall be performed in
conjunction with required land division documents or development site
plans for any and all properties containing permanently protected
natural resource areas.
(b)
Description. The detailed site analysis shall be shown on a
map of the subject property that depicts the location of all protected
natural resource areas, as defined by the provisions of this chapter.
The detailed site analysis shall meet the following requirements:
[1]
Scale. A minimum scale of one inch equals 200 feet shall be
used.
[2]
Topography. Topographic information is not required for any
property that does not contain steep slopes (as designated on the
Official Zoning Map). For such properties, topographic information
with a minimum contour interval of two feet is required.
[3]
Specific natural resources areas. All natural resources areas
that require protection under the provisions of this chapter shall
be accurately outlined and clearly labeled. Particular care as to
clarity shall be taken in areas where different resource types overlap
with one another.
[4]
Development pads.
[a]
All site disruption (including selective cutting)
proposed to occur within permanently protected natural resource areas
shall be limited to development pads. Development pads shall be depicted
on the detailed site analysis map, site plans required for development
permits, and the recorded plat of subdivision or certified survey
map.
[b]
Beyond visible damage to natural resources, vegetation,
soil and drainage patterns, site disruption activities shall not compact
soil covering tree roots or otherwise damage trees beyond the area
from which trees are to be removed. All trees with calipers exceeding
three inches whose canopies are located adjacent to disturbed areas,
which die within a period of five years following site disruption,
shall be replaced by the owner with a three-inch caliper tree of the
same type (canopy or understory). Therefore, care shall be taken to
ensure that equipment and actions associated with permitted site disruption
activities are limited to the area in which they are permitted. The
use of snow fences and other barriers to outline development pads
during disruption activity is strongly recommended to limit the extent
of inadvertent compaction or other disturbance of earth and collision
damage to vegetation intended for protection. Such barriers should
be placed no closer to protected trees than a point on the ground
directly under their outer canopy edge.
[5]
Mitigation areas. All mitigation areas related to the provisions
of this chapter shall be depicted on the detailed site map with notations
provided which describe the mitigation techniques employed.
(c)
Required procedure for submission and review.
[1]
Required timing of submission. The detailed site analysis map
shall be submitted to the Zoning Administrator for initial review
prior to, or concurrently with, the submission of the preliminary
plat of subdivision or the certified survey map or, if the proposed
development does not involve a land division, then submittal is required
as an attachment to a required site plan. A concept plan of the proposed
development may be submitted prior to the submission of the detailed
site analysis map; however, in no way does the acceptance and/or general
approval of a concept plan indicate the approval of natural resource
feature locations. A detailed site analysis map prepared for the subject
property that has been previously approved by the Site Plan Review
Committee may be submitted for any subsequent development activity
on the site. However, modifications to such a previously approved
map will be required if the analysis is no longer accurate for the
subject property.
[2]
Review by Site Plan Review Committee. The Site Plan Review Committee
shall review the submitted detailed site analysis map for general
compliance with the following data sources:
[a]
The Official Zoning Map;
[b]
Applicable USGS 7.5-minute topographic maps for
the City of Watertown and its environs;
[c]
Air photos of the subject property;
[d]
USGS Quads and other sources of topographic information;
[e]
Applicable FEMA and related floodplain maps;
[f]
Applicable federal and state wetland inventory
maps;
[g]
The City of Watertown Comprehensive Plan;
[i]
Site visits.
[3]
Evaluation. The Zoning Administrator shall provide the petitioner
with a written evaluation of the submitted detailed site analysis
map, which shall indicate the acceptance by the Site Plan Review Committee
or the need for further analysis work, discussion with the petitioner
and/or staff-recognized experts, or a joint site visit.
[4]
Modification of detailed site analysis map. If necessary, as determined by the Site Plan Review Committee, revised detailed site analysis maps shall be prepared and submitted for review by the Site Plan Review Committee until a version is deemed acceptable. Committee review of the detailed site analysis may be appealed to the Zoning Board of Appeals as a matter of interpretation of this chapter. (See § 550-156.)
[5]
Acceptance of detailed site analysis map. Upon notification
of acceptance by the Site Plan Review Committee (or, in case of appeal,
by determination of the Zoning Board of Appeals), the petitioner may
proceed with the submittal of necessary development documents.
(d)
Integration of detailed site analysis information with required
development and/or land division. Information contained on the detailed
site analysis map relating to the boundaries of permanently protected
green space areas (including natural resource protection areas, other
permanently protected green space areas, and required mitigation areas)
shall be clearly depicted on any and all site plans required as a
precondition for application for any development permit (such as a
building permit) and on any proposed plat of subdivision or certified
survey map.
D.
Standards for evaluation. The Site Plan Review Committee shall be
governed by the following guidelines in its review of site development
plans. Because each site development proposal will present unique
characteristics, the guidelines set out in this section are to be
considered but need not all be met for the site plan to be approved
by the Committee.
(1)
There is a desirable, efficient and workable interrelationship
between buildings, parking, traffic circulation, landscaping, open
space, and related activities and uses, which shall be maintained.
(2)
Based on anticipated vehicular and pedestrian traffic generation
and the standards and policies of the Comprehensive Plan, adequate
rights-of-way and improvements to the streets, pedestrian ways, bikeways
and other means of access and circulation within the boundaries of
the site are provided by the proposed development.
(3)
There are adequate off-street parking and loading facilities
provided in a safe, well-designed and efficient manner.
(4)
All signs and illumination meet requirements of the applicable
ordinances and are compatible with the site and the general area.
(5)
The use of the subject property does not involve use of urban
land which will result in landlocked or undeveloped remnants.
(6)
The structures and public facilities serving the site are designed
and constructed in accordance with appropriate codes and/or City standards
at a level which will provide adequate fire protection, protection
from crime, and avoidance of traffic accidents or hazardous conditions.
(7)
The quality, location, size and materials of walls, fences,
berms, traffic islands, screen plantings, landscaped areas and similar
items are such that they serve their intended purpose to prevent erosion,
retain smoke, dust and noxious fumes, retard noise emissions, and
separate disharmonious uses and do not adversely affect surrounding
uses.
(8)
Due consideration is given in the site development plan to the
preservation and enhancement of historical or natural structures or
features.
(9)
All reasonable efforts have or will be taken to minimize construction
and post-construction impact on natural vegetation, waterways, wetlands
and terrain.
(10)
The estimated public costs of providing additional capital improvements
for streets, sewers and water mains to the area of the site and the
additional estimated annual costs of providing other municipal services
to the area of the site are reasonable in relationship to the public
benefits.
(11)
Additional standards and guidelines may be adopted by the Site
Plan Review Committee or Plan Commission, only upon review and approval
of the Common Council.
E.
Action by Site Plan Review Committee.
(1)
The Site Plan Review Committee shall meet on at least one occasion
for preliminary review of the proposed site development plan between
the date of submission of the plan to the Zoning Administrator or
his designee and the next regular Plan Commission meeting.
(2)
The recommendations of the Site Plan Review Committee shall
be forwarded to the Plan Commission within 30 days of the filing of
the site development plan by the property owner. The Site Plan Review
Committee may recommend either to approve, to conditionally approve
with specific conditions, or to deny the site development plan. The
recommendations of the Committee shall be in writing and shall specify
the reasons for the recommendations together with specific recommended
terms and conditions, if any, to be included in any approval. The
Site Plan Review Committee shall note instances where its comments
reflect violations of City, state or federal regulations, or commonly
accepted site design practices designed to protect the public health
and safety, and distinguish such comments from comments related to
development efficiencies, economies, conveniences, aesthetics and
similar issues not directly related to regulations nor the public
health and safety. The time period for submission of the recommendations
of the Site Plan Review Committee to the Plan Commission may be extended
for a period not to exceed 30 days, allowing for continuances, revisions
or additions to the plan, and for other just cause, by the Plan Commission.
(3)
The Site Plan Review Committee may suggest imposition of reasonable
conditions calculated to secure the purposes and requirements of this
section, including but not limited to written guarantees, performance
bonds or other comparable security, subject to approval by the City
Attorney.
(4)
The property owner may submit information to the Plan Commission
in response to the report of the Site Plan Review Committee for consideration
by the Commission.
(5)
The Site Plan Review Committee shall limit comments regarding
the development of municipal facilities to proposed physical development
and shall not be concerned with operational aspects, if operations
are controlled by another City-established board or commission. Where
a detailed site plan and related development policies have been approved
by the Plan Commission and Common Council, development consistent
with such plan and policies, as determined by the Building Inspector,
shall not require Site Plan Review Committee approval. This section
shall in no way restrict or constrain the ability of City officials
to enforce sound public health and safety practices on an ongoing
basis.
F.
Appeal from action by the Site Plan Review Committee. An appeal from
the decision of the Site Plan Review Committee may be taken to the
Plan Commission by the property owner of the proposed site development
plan, or by 50% or more of the property owners with property within
100 feet of the site development objecting to the approval or rejection
of such site development plan. Such appeals must specify the grounds
therefor and address the report and recommendations of the Committee.
Said appeal must be filed with the Zoning Administrator within 10
days of the final written decision of the Site Plan Review Committee,
who shall then file such appeal with the Plan Commission. The Plan
Commission shall fix a reasonable time for the hearing of the appeal
and give public notice thereof as well as due notice to the parties
in interest and decide the same within a reasonable period of time.
The action of the Site Plan Review Committee shall be deemed just
and equitable unless the Plan Commission, by a favorable vote of 3/4
of its members, reverses or modifies the action of the Site Plan Review
Committee. Said decision of the Plan Commission shall be in writing
and shall be provided to the property owner and other parties in interest
within 10 days of the date of the hearing. The fee for an appeal shall
be returned to the applicant in cases where the Plan Commission approves
the appeal.
G.
Effect of decision of Plan Commission.
(1)
Upon approval of the proposed site development plan, with or
without conditions, the Public Works Director/City Engineer or his
designee shall apply a stamp of approval to the site development plan
for the property owner containing the approved date, the Public Works
Director/Engineer's or his designee's signature, and specifying any
such conditions or terms thereof as outlined in the written decision
of the Plan Commission. The issuance of such a permit shall indicate
compliance with this section and shall entitle the property owner
to receive any other permits or licenses necessary for the proposed
site development.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
The denial of the application for a proposed site development plan by the Plan Commission shall be deemed final, subject to the appeal provisions of Subsection F, and the property owner shall not be entitled to receive any further permits or licenses from the City or to proceed with the site development unless and until said plan has been has been resubmitted or changed in accordance with the decision of the Plan Commission. Any such resubmitted plan shall be deemed to be a new application under this section.
H.
Initiation of land use or development activity. Except with the written
permission of the Zoning Administrator, absolutely no land use or
development activity, including site clearing, grubbing or grading,
shall occur on the subject property prior to the approval of the required
site plan. Any such activity prior to such approval shall be a violation
of this chapter and shall be subject to all applicable enforcement
mechanisms and penalties.
I.
Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of Subsection B above so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
J.
Sunset clause. The approval for all buildings on an approved site
plan not fully developed within two years of final Plan Commission
approval of Site Plan Review Committee minutes shall expire, and no
additional site plan development shall be permitted on undeveloped
portions of the subject property. The Plan Commission may extend this
period, as requested by the applicant, through the conditional use
process following a public hearing.
It shall be unlawful for any owner, lessee or tenant to occupy
any structure, building or land, or part thereof, hereafter erected,
created, changed, converted or enlarged unless a occupancy permit
shall have been issued by the Zoning Administrator after inspection.
Such occupancy permit shall show and certify that such building, structure
or premises has been constructed, altered or improved in compliance
with provisions of this chapter, the Building Code and all other applicable
codes or ordinances, and all conditions and requirements stipulated
by the Plan Commission or other proper authority.
A.
Purpose. The purpose of this section is to provide regulations which
enable the City to hear and decide requests for permitted variation
from the terms of this chapter as will not be contrary to the public
interest, where, owing to special factors, a literal enforcement of
the provisions of this chapter would result in practical difficulty
or unnecessary hardship, so that the spirit of this chapter shall
be observed, public safety and welfare secured, and substantial justice
done, as provided for by § 62.23(7)(e)7, Wis. Stats.
B.
Initiation of request for approval of a variance. Proceedings for
approval of a requested variance shall be initiated by an application
of the owner(s) of the subject property, lease holders, or contract
purchasers.
C.
Application requirements. All applications for requested variances
shall be filed in the office of the Zoning Administrator and shall
be certified as complete by the Zoning Administrator. No placement
of the application on any agenda, as an item to be acted upon, shall
occur unless said certification has occurred. The item may be placed
on any agenda as a discussion-only item, with the permission of the
Zoning Administrator, without an application. Upon certification,
the official notice regarding the application will be sent to the
newspaper by the Zoning Administrator. Said complete application shall
be comprised of all of the following:
(1)
A map of the subject property, showing all lands for which the
variance is proposed and all other lands within 100 feet of the boundaries
of the subject property, together with the names and addresses of
the owners of all lands on said map as the same appear on the current
records of the Register of Deeds of Dodge and/or Jefferson County
(as determined by the City of Watertown). Said map shall clearly indicate
the current zoning of the subject property and its environs and the
jurisdiction(s) which maintains that control. Said map and all its
parts and attachments shall be submitted in a form which is clearly
reproducible with a photocopier and shall be at a scale which is not
less than one inch equals 800 feet. All lot dimensions of the subject
property, a graphic scale, and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized location
of the subject property in relation to the City as a whole;
(3)
A written description of the proposed variance describing the
type of specific requirements of the variance proposed for the subject
property;
D.
Review by the Zoning Administrator. The requested variance shall
be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify the applicant.
(3)
The Zoning Administrator shall also evaluate the application to determine whether the requested variance is in harmony with the recommendations of the City of Watertown's Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:
(a)
What exceptional or extraordinary circumstances or special factors
are present which apply only to the subject property? The response
to this question shall clearly indicate how the subject property contains
factors which are not present on other properties in the same zoning
district. Specifically:
[1]
The hardship or difficulty shall be peculiar to the subject
property and different from that of other properties and not one which
affects all properties similarly. Such a hardship or difficulty shall
have arisen because of the unusual shape of the original acreage parcel,
unusual topography or elevation, or because the property was created
before the passage of the current applicable zoning regulations, and
is not economically suitable for a permitted use or will not accommodate
a structure of reasonable design for a permitted use if all area,
yard, green space and setback requirements are observed.
[2]
Loss of profit or pecuniary hardship shall not, in and of itself,
be grounds for a variance.
[3]
Self-imposed hardship shall not be grounds for a variance. Reductions
resulting from the sale of portions of a property, reducing the remainder
of said property below buildable size or cutting off existing access
to a public right-of-way, or deed restrictions imposed by the owner's
predecessor in title are considered to be such self-imposed hardships.
[4]
Violations by or variances granted to neighboring properties
shall not justify a variance.
[5]
The alleged hardship shall not be one that would have existed
in the absence of a zoning ordinance. (For example, if a lot were
unbuildable because of topography in the absence of any or all setback
requirements.)
(b)
In what manner do the factors identified in Subsection D(3)(a) above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.
(c)
Would the granting of the proposed variance be of substantial
detriment to adjacent properties? The response to this question shall
clearly indicate how the proposed variance will have no substantial
impact on adjacent properties.
(d)
Would the granting of the proposed variance as depicted on the required site plan [see Subsection C(4) above] result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions and policies of this chapter, the Comprehensive Plan, or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide growth and development? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.
(e)
Have the factors which present the reason for the proposed variance been created by the act of the applicant or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan or orientation, lotting pattern, or grading) after the effective date of this chapter (see § 550-11)? The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant, a previous property owner or their agent.
(f)
Does the proposed variance involve the regulations of Article
IV? The response to this question shall clearly indicate that the
requested variance does not involve the provisions of the article.
(4)
The Zoning Administrator shall forward the report per Subsection D(2) and (3) to the Zoning Board of Appeals for the Board's review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter and the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and determination by the Zoning Board of Appeals.
(1)
Within 30 days after filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed variance per Subsection C(1) and (3) above. In addition, at least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant for the proposed variance, to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property, and to all property owners within 200 feet of the boundaries of the subject property as identified in Subsection C(1) above. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
Within 60 days after the holding of the public hearing [per Subsection E(1) above or within an extension of said period approved by the applicant and granted by the Zoning Board of Appeals], the Zoning Board of Appeals will make its findings per Subsection D above and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time to time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.
(3)
If the Zoning Board of Appeals fails to make a determination
within 60 days after said public hearing, then the request for the
variance shall be considered approved.
F.
Effect of denial. No application for a variance which has been denied
(either wholly or in part) shall be resubmitted for a period of 12
months from the date of said order of denial, except on grounds of
new evidence or proof of change of factors found valid by the Zoning
Administrator.
G.
Limited effect of a variance. Where the Zoning Board of Appeals has
granted a variance, such approval shall neither change the use classification
of the building or premises nor give it any status as a nonconforming
use other than that which it has as a result of the variance. Granting
of a variance shall be considered as unique to the variance granted
and shall not be construed as precedent for any other proposed variance.
H.
Stay of proceedings. An application for a variance shall stay all
legal proceedings furthering enforcement of any provisions of this
chapter from which the applicant is requesting a variance, unless
the Zoning Administrator certifies to the Zoning Board of Appeals
after the request for the variance has been filed that, by reason
of the facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such case proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Zoning Board of Appeals or by a court of record
on application, on notice to the Zoning Administrator and on due cause
shown.
I.
Notice to the DNR. The Zoning Board of Appeals shall transmit a copy
of each application for a variance to conservancy regulations in the
Shoreland-Wetland, Floodway, Floodplain Conservancy or Floodway Fringe
Overlay Zoning Districts, and a copy of all shoreland floodland appeals,
to the Wisconsin Department of Natural Resources (DNR) for review
and comment at least 10 days prior to any public hearings. Final action
on the application shall not be taken for 30 days or until the DNR
has made its recommendation, whichever comes first. A copy of all
decisions relating to variances to shoreland conservancy regulations
or to floodland regulations and a copy of all decisions on shoreland
conservancy and floodland appeals shall be transmitted to the DNR
within 10 days of the date of such decision.
A.
Purpose. The purpose of this section is to assign responsibility
for the official interpretation of the provisions of this chapter
and to describe the required procedure for securing such interpretation.
B.
Initiation of request for an interpretation. Proceedings for an interpretation
may be initiated by any of the following four methods:
C.
Application requirements. All applications for interpretations, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
All requests for interpretations shall clearly indicate the
part of the text of this chapter for which the interpretation is requested
and the specific questions the applicant has regarding said text.
(2)
If the requested interpretation relates to the application of
this chapter to a specific property, the additional following information
shall be required:
(a)
A map of the subject property, showing all lands for which the
interpretation is requested and all other lands within 200 feet of
the boundaries of the subject property, together with the names and
addresses of the owners of all lands on said map as the same appear
on the current records of the Register of Deeds of Dodge and/or Jefferson
County as provided by the City of Watertown. Said map shall clearly
indicate the current zoning of the subject property and its environs
and the jurisdiction(s) which maintains that control. Said map and
all its parts and attachments shall be submitted in a form which is
clearly reproducible with a photocopier and shall be at a scale not
less than one inch equals 800 feet. All lot dimensions of the subject
property, a graphic scale, and a North arrow shall be provided;
(b)
A map, such as the Land Use Plan Map, of the generalized location
of the subject property in relation to the City as a whole;
(c)
A written description of the reason for the requested interpretation
and how the proposed interpretation relates to type of activities,
buildings and structures currently located on and proposed for the
subject property; and
(3)
If the requested interpretation relates to the classification
or treatment of a particular land use under the provisions of this
chapter, a series of written responses to the following questions:
(a)
How is the subject land use (in general) in harmony with the
purposes, goals, objectives, policies and standards of the City of
Watertown's Comprehensive Plan, this chapter and any other plan, program
or ordinance adopted or under consideration pursuant to official notice
by the City?
(b)
How is the subject land use in harmony with the purposes, goals,
objectives, policies and standards of the pertinent zoning district
for which the interpretation is being sought?
(c)
Do the potential public benefits of the proposed interpretation
outweigh any and all potential adverse impacts of the proposed interpretation?
D.
Review by Zoning Administrator.
(1)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that the application is complete, and within 30 days of such filing, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application per Subsection C above. This review shall also take into consideration the standards for review presented in Subsection E below. The Zoning Administrator shall also evaluate the application to determine whether the requested interpretation is in harmony with the recommendations of the City of Watertown's Comprehensive Plan.
(3)
The Zoning Administrator shall forward a report to the applicant
indicating the interpretation of the Zoning Administrator. If the
Zoning Administrator determines that the proposal may be in conflict
with the provisions of the City's Comprehensive Plan, the Zoning Administrator
shall note this determination in the report.
E.
Standards for review of requested interpretations. This chapter shall
be interpreted in a manner which is consistent with the purposes intended
by the City of Watertown Common Council as noted in this chapter and
the Comprehensive Plan. The intent of the standards and supporting
definitions of this chapter is to protect both individual property
owners and the general public from adverse impacts that may result
from a proposed, modified or existing land use. To this end, those
called upon to interpret this chapter shall proceed as follows:
(1)
Articulate certain public purpose(s) underlying the standard(s)
for which an interpretation is required.
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Rationale: Before any zoning interpretation is made, there must
be an explicit discussion of certain purpose(s) for which the regulation
was initially imposed. Each zoning regulation is intended to protect
the interests of both present and future neighbors and the general
public. Each standard is developed as a regulatory response to an
identifiable potential negative impact. A sound interpretation of
any standard cannot be ensured without careful analysis of the regulation
and the end toward which it is directed. It is understood that there
may be other public purposes underlying the interpretation which are
not explicitly articulated.
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(2)
Articulate the actual impact of various proposed interpretations,
permitting flexibility in design and prohibiting any interpretation
that lowers the protection afforded to the public.
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Rationale: There is a critical distinction between an interpretation
which provides a greater degree of design freedom to achieve a permitted
land use and an interpretation which permits a new or not previously
permitted use, or which allows a use to be enlarged or have its intensity
increased beyond the degree specified in this chapter. Design freedom
is to be encouraged while a lowering of the standards of this chapter
is to be prohibited.
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(3)
Determine whether the proposed interpretation will ensure a
just balance between the rights of the landowner and all others who
will be affected by that person's land use proposal.
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Rationale: If an interpretation would merely allow a design
solution that is slightly different from the one expressly stated
or permitted, and if it would result in a same or greater degree of
protection to any affected party (either the adjoining landowners,
the public at large, and/or a future property owner or renter), such
an interpretation may be appropriately made. Any interpretation which
would result in any identifiable loss of protection for one group
to the benefit of others is contrary to the spirit of this chapter.
Similarly, any interpretation which would either increase the nuisance
potential of any use or alter the purpose for which the regulation
was adopted shall be considered counter to the legislative intent
of this chapter. Any interpretation which will result in any loss
of protection or increase in intensity beyond that already permitted
shall only be made if the party interpreting this chapter has the
power to impose additional restrictions or requirements.
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(4)
This chapter has been carefully designed by the Common Council
to combine maximum achievement of public goals and the protection
of adjoining property owners while providing flexibility for property
owners to use their land for a variety of uses consistent with the
goals and objectives of the Comprehensive Plan of the City of Watertown.
Great care has been taken to balance the rights of competing groups
while achieving maximum protection with flexibility and a range of
use options. Persons interpreting this chapter should not substitute
their own judgments for the legislative acts of the Common Council.
(5)
In addition to the applicant's response to the questions required by Subsection C above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:
(a)
No interpretation shall allow the establishment of any land
use which was previously considered and rejected by the Common Council
on an application for an amendment to this chapter, the Official Zoning
Map, or a previously applied for appeal from a requested interpretation.
(b)
No interpretation shall permit a land use listed as a use permitted by right, a special use or a conditional use in another zoning district if the use is not listed as permitted in the zoning district of the subject property (see § 550-46).
(d)
No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district or permitted in a more intensive district in the same zoning district category (see §§ 550-46 and 550-130).
F.
Effect of a favorable land use interpretation. No interpretation
finding a particular land use to be permitted or conditionally permitted
in a specific zoning district shall authorize either the establishment
of such use or the development, construction, reconstruction, alteration
or moving of any building or structure. A favorable interpretation
merely authorizes the preparation, filing and processing of applications
for any permits and approvals which may be required by this chapter.
These permits and approvals include, but are not limited to, required
site plans, special use permits, conditional uses, and certificates
of occupancy.
G.
Limitations on favorable land use interpretation.
(1)
No interpretation finding a particular land use to be permitted
or conditionally permitted in a specified zoning district shall be
valid for a period of more than 365 days from the date of issuance
of the interpretation, unless a building permit is issued and development
is actually begun within that period, and is thereafter diligently
pursued to completion, or a occupancy permit is obtained and a use
commenced within that period.
(2)
An interpretation finding a particular land use to be permitted
or conditionally permitted in a specified zoning district shall be
deemed to authorize only that particular use at that particular location
for which the interpretation was issued. The interpretation shall
not be deemed to authorize any allegedly similar use for which a separate
interpretation has not been issued. A favorable interpretation shall
automatically expire and cease to be of any force or effect if the
particular use for which it was issued shall, for any reason, be discontinued
for a period of 365 consecutive days or more.
I.
Appeals of zoning interpretations.
(1)
Purpose. The purpose of this subsection is to provide regulations
which enable the City to hear and decide requests for appeals from
the interpretations of the Zoning Administrator per this section as
provided for by § 62.23(7)(e)7, Wis. Stats.
(2)
Initiation of request for review of zoning interpretation. Proceedings
for the review of an appeal may be initiated by any person aggrieved
or by any officer, department, council or bureau of the City affected
by any decision of the Zoning Administrator.
(3)
Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of Subsection I(4) below within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-day period shall constitute a final and binding waiver of the right to appeal said interpretation.
(4)
Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per Subsection I(2) above, shall be filed in the office of the Zoning Administrator and shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the Zoning Board of Appeals. Said complete application shall be accompanied by all of the following:
(a)
A copy of pertinent items in the file on the matter at hand
maintained by the Zoning Administrator, as identified by the Zoning
Administrator and/or the applicant.
(b)
A written statement from the applicant indicating the reasons
why an appeal is justified, based upon an analysis of the Zoning Administrator's
interpretation. This statement shall be dated and signed by the applicant.
(5)
Review by the Zoning Administrator. The submitted appeal shall
be reviewed by the Zoning Administrator in the following steps:
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify the applicant.
(b)
Upon notifying the applicant that the application is complete,
the Zoning Administrator shall review the application and shall evaluate
and comment on the written justification for the appeal to the Zoning
Board of Appeals as submitted by the applicant. The Zoning Administrator
shall also evaluate the application to determine whether the requested
appeal is in harmony with the recommendations of the City of Watertown's
Comprehensive Plan.
(c)
The Zoning Administrator shall forward a report to the Zoning
Board of Appeals for review and action. If the Zoning Administrator
determines that the proposal may be in conflict with the provisions
of the City's Comprehensive Plan or this chapter, the Zoning Administrator
shall note this determination in the report.
(6)
Review and action by the Zoning Board of Appeals.
(a)
Within 45 days after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall schedule a reasonable time and place for a public hearing to consider the application. Notice of the appeal and said public hearing shall conform to § 63.23(7)(d), Wis. Stats. Said notice shall contain a description of the issue per Subsection I(4)(b) above. At least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant, to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter, and to any property owner within 200 feet of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(b)
Within 60 days after the filing of the complete application as determined by the Zoning Administrator (or within an extension of said period requested in writing by the applicant and granted by the Zoning Board of Appeals), the Zoning Board of Appeals shall make its findings per Subsection I(5) above. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting or may continue the proceedings at the applicant's request. Said final action shall be followed by a written report, which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.
(c)
If the Zoning Board of Appeals fails to make a determination
within 60 days after the filing of said complete application, then
the request for the appeal shall be considered approved.
(7)
Effect of denial. No application for an appeal which has been
denied (either wholly or in part) shall be resubmitted for a period
of 12 months from the date of said order of denial, except on grounds
of new evidence or proof of change of factors found valid by the Zoning
Administrator.
(8)
Limited effect of a favorable ruling on an appeal.
(a)
No ruling by the Zoning Board of Appeals on an appeal finding
a particular land use to be permitted or conditionally permitted in
a specified zoning district shall be valid for a period of more than
365 days from the date of issuance of the ruling on the appeal, unless
a building permit is issued and development is actually begun within
that period, and is thereafter diligently pursued to completion, or
a occupancy permit is obtained and a use commenced within that period.
(b)
A ruling by the Zoning Board of Appeals on an appeal, finding
a particular land use to be permitted or conditionally permitted in
a specified zoning district, shall be deemed to authorize only that
particular use at that particular location for which the ruling was
issued. The ruling shall not be deemed to authorize any allegedly
similar use for which a separate ruling has not been issued. A favorable
ruling shall automatically expire and cease to be of any force or
effect if the particular use for which it was issued shall, for any
reason, be discontinued for a period of 365 consecutive days or more.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
Historic preservation regulations are contained in Chapter 325, Historic Preservation, of the City Code.
The following requirements shall be effective upon the date of adoption of detailed neighborhood plans and upon the date of depicting these overlay zoning districts on the Official Zoning Map. Any new development, other than single-family residential, in this overlay zoning district shall be regulated as a conditional use, subject to the site design requirements of Article VI.
A.
Requirement of compatibility. Proposed site design and construction within this district, including new structures and building additions, shall be reviewed per § 550-145, Site plan review and approval procedures, by the Plan Commission. The building setback, height, mass, roof form, exterior materials, exterior surface appurtenances, exterior colors, landscaping and lighting shall be compatible with the following general design theme, as determined by the Plan Commission.
B.
Design standards for residential development. The general design
theme for residential development within the Community Entry Corridor
Overlay Zoning District shall be designed to accommodate typical impacts
of transportation and nearby nonresidential development, particularly
through the use of building orientation, door and window location
and design, and on-site landscaping and related buffering structures
or berms. Above and beyond such concerns, particular attention shall
be devoted to ensuring that selected residential design components
complement nearby residential styles with high-quality building materials,
in an attractive manner as becoming an entry corridor, and as determined
by the Plan Commission. Where a detailed neighborhood plan has been
adopted, it should be used to provide additional guidance in the design
review process.
C.
Design standards for nonresidential development. The general design
theme for nonresidential development within the Community Entry Corridor
Overlay Zoning District shall be characterized by high-quality building
materials, architectural design, site design and on-site landscaping.
Prominent urban design elements and architectural details, which are
decorative and functional, shall be considered as a required component
of each site within the district. Above and beyond such concerns,
particular attention shall be devoted to ensuring that selected nonresidential
design components complement nearby nonresidential styles and reflect
positively on the character of the community, as becoming an entry
corridor, and as determined by the Plan Commission. Where a detailed
neighborhood plan has been adopted, it should be used to provide additional
guidance in the design review process.
The following requirements shall be effective upon the date of adoption of detailed neighborhood plans and upon the date of depicting these overlay zoning districts on the Official Zoning Map. Any new development, other than single-family residential, in this overlay zoning district shall be regulated as a conditional use, subject to the site design requirements of Article VI.
A.
Requirement of compatibility. Proposed site design and construction within this district, including new structures and building additions, shall be reviewed per § 550-145, Site plan review and approval procedures, by the Plan Commission. The building setback, height, mass, roof form, exterior materials, exterior surface appurtenances, exterior colors, landscaping and lighting shall be compatible with the following general design theme, as determined by the Plan Commission.
B.
Design standards for residential development. The general design
theme for residential development within the Community Gateway Overlay
Zoning District shall be designed to accommodate typical impacts of
transportation and nearby nonresidential development and to assist
in creating a sense of welcome to the City of Watertown, particularly
through the use of building orientation, door and window location
and design, and on-site landscaping and related buffering structures
or berms. Above and beyond such concerns, particular attention shall
be devoted to ensuring that selected residential design components
complement nearby residential styles with high-quality building materials,
in an attractive manner as becoming a gateway entry to the community,
as determined by the Plan Commission. Where a detailed neighborhood
plan has been adopted, it should be used to provide additional guidance
in the design review process.
C.
Design standards for nonresidential development. The general design
theme for nonresidential development within the Community Gateway
Overlay Zoning District shall be characterized by high-quality building
materials, architectural design, site design and on-site landscaping.
Prominent urban design elements and architectural details, which are
decorative and functional, shall be considered as a required component
of each site within the district. Above and beyond such concerns,
particular attention shall be devoted to ensuring that selected nonresidential
design components complement nearby nonresidential styles and reflect
positively on the character of the community and assist in creating
a sense of welcome to the City of Watertown, as becoming a gateway
entry area to the community, and as determined by the Plan Commission.
Where a detailed neighborhood plan has been adopted, it should be
used to provide additional guidance in the design review process.
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern
the procedure and requirements for the review and approval, or denial,
of proposed planned unit developments and to provide for the possible
relaxation of certain development standards pertaining to the underlying
standard zoning district.
(2)
Planned unit developments are intended to provide more incentives
for infill development and redevelopment in areas of the community
that are experiencing a lack of significant reinvestment. Furthermore,
planned unit developments are designed to forward both the aesthetic
and economic development objectives of the City by controlling the
site design and the appearance, density or intensity of development
in terms of more flexible requirements for land uses, density, intensity,
bulk, landscaping and parking requirements. In exchange for such flexibility,
the planned unit development shall provide a much higher level of
site design, architectural control and other aspects of aesthetic
and functional excellence than normally required for other developments.
(3)
Planned unit developments have the potential to create undesirable
impacts on nearby properties if allowed to develop simply under the
general requirements of this chapter. In addition to such potential,
planned unit developments also have the potential to create undesirable
impacts on nearby properties which potentially cannot be determined
except with a binding site plan, landscape plan and architectural
plan, and on a case-by-case basis. In order to prevent this from occurring,
all planned unit developments are required to meet certain procedural
requirements applicable only to planned unit developments, in addition
to the general requirements of this chapter. A public hearing process
is required to review a request for a planned unit development. This
process shall essentially combine the process for a Zoning Map amendment
with that required for a conditional use, with several additional
requirements.
B.
Provision of flexible development standards for planned unit developments.
(1)
Permitted location. Planned unit developments shall be permitted
with the approval of a Planned Unit Development Overlay Zoning District
specific to the approved planned unit development.
(2)
Flexible development standards. The following exemptions to
the development standards of the underlying zoning district may be
provided with the approval of a planned unit development:
(a)
Land use requirements. All land uses listed as "residential,"
"institutional" or "commercial" may be permitted within a planned
unit development.
(b)
Density and intensity requirements. All requirements listed
for residential density and nonresidential intensity may be waived
within a planned unit development.
(c)
Bulk requirements. All residential and nonresidential bulk requirements
may be waived within a planned unit development.
(d)
Landscaping requirements. All landscaping requirements may be
waived within a planned unit development.
(e)
Parking and loading requirements. All requirements for off-street
parking, traffic circulation, and off-street loading may be waived
within a planned unit development.
(f)
Drainageway Overlay District requirements. All Drainageway Overlay
District requirements may be waived within a planned unit development.
[Added 9-15-2020 by Ord.
No. 20-21]
(3)
Requirements to depict all aspects of development. Only development
which is explicitly depicted on the required site plan approved by
the Common Council as part of the approved planned unit development
shall be permitted, even if such development (including all aspects
of land use, density and intensity, bulk, landscaping, and parking
and loading) is otherwise listed as permitted. Requested exemptions
from these standards shall be made explicit by the applicant in the
application and shall be recommended by the Plan Commission and approved
explicitly by the Common Council. If not so requested and approved,
such exemptions shall not be permitted. Flexible development standards
shall be limited to density and intensity bonuses of no greater than
25% higher than otherwise permitted by the MR-10 District, unless
specifically granted by the Common Council, and shall be limited to
reductions in bulk, landscaping, parking and loading requirements
of no greater than 25% lower than otherwise permitted for the proposed
land uses, unless specifically granted by the Common Council.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
C.
Initiation of request for approval of a planned unit development.
Proceedings for approval of a planned unit development shall be initiated
by:
D.
Application requirements. All applications for proposed planned unit developments, regardless of the party of their initiation per Subsection C above, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the City Clerk. Said application shall apply to each of the process steps in Subsections E through H below.
[Amended 7-5-2022 by Ord. No. 22-63]
E.
PUD Process Step 1: Preapplication conference.
(1)
The applicant shall contact the Zoning Administrator to place
an informal discussion item for the PUD on the Plan Commission agenda.
(2)
No details beyond the name of the applicant and the identification
of the discussion item as a PUD are required to be given in the agenda.
(3)
At the Plan Commission meeting, the applicant shall engage in
an informal discussion with the Plan Commission regarding the potential
PUD. Appropriate topics for discussion may include the location of
the PUD, general project themes and images, the general mix of dwelling
unit types and/or land uses being considered, approximate residential
densities and nonresidential intensities, the general treatment of
natural features, the general relationship to nearby properties and
public streets, and relationship to the Comprehensive Plan.
(4)
Points of discussion and conclusions reached in this stage of
the process shall in no way be binding upon the applicant or the City
but should be considered as the informal nonbinding basis for proceeding
to the next step.
F.
PUD Process Step 2: Concept plan.
(1)
The
applicant shall provide the Zoning Administrator with a draft PUD
concept plan submittal packet for a determination of completeness
prior to placing the proposed PUD on the Plan Commission agenda for
concept plan review. This submittal packet shall contain all of the
following items, prior to its acceptance by the Zoning Administrator
and placement of the item on a Plan Commission agenda for concept
plan review:
(a)
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Watertown
Land Use Plan Map.
(b)
A general written description of the proposed PUD, including:
[1]
General project themes and images;
[2]
The general mix of dwelling unit types and/or land uses;
[3]
Approximate residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio;
[4]
The general treatment of natural features;
[5]
The general relationship to nearby properties and public streets;
[6]
The general relationship of the project to the Comprehensive
Plan; and
[7]
An initial draft list of zoning standards which will not be
met by the proposed PUD and the location(s) in which they apply and
a complete list of zoning standards which will be more than met by
the proposed PUD and the location(s) in which they apply shall be
identified. Essentially, the purpose of this listing shall be to provide
the Plan Commission with information necessary to determine the relative
merits of the project in regard to private benefit versus public benefit
and in regard to the mitigation of potential adverse impacts created
by design flexibility.
(d)
A conceptual plan drawing (at 11 inches by 17 inches) of the
general land use layout and the general location of major public streets
and/or private drives. The applicant may submit copies of a larger
version of the "bubble plan" in addition to the 11 inches by 17 inches
reduction.
(2)
Within
10 working days of receiving the draft PUD concept plan submittal
packet, the Zoning Administrator shall determine whether the submittal
is complete. Once the Zoning Administrator has received a complete
packet, the proposed PUD concept plan shall be placed on the Plan
Commission agenda.
(3)
At
the Plan Commission meeting, the applicant shall engage in an informal
discussion with the Plan Commission regarding the conceptual PUD.
Appropriate topics for discussion may include the any of the information
provided in the PUD concept plan submittal packet or other items as
determined by the Plan Commission.
(4)
Points
of discussion and conclusions reached in this stage of the process
shall in no way be binding upon the applicant or the City but should
be considered as the informal nonbinding basis for proceeding to the
next step. The preferred procedure is for one or more iterations of
Plan Commission review of the concept plan to occur prior to introduction
of the formal petition for rezoning which accompanies the general
development plan (GDP) application.
G.
PUD Process Step 3: General development plan (GDP).
(1)
The
applicant shall provide the Zoning Administrator with a draft GDP
plan submittal packet for a determination of completeness prior to
placing the proposed GDP on the Plan Commission agenda for GDP review.
This submittal packet shall contain all of the following items prior
to its acceptance by the Zoning Administrator and placement of the
item on a Plan Commission agenda for GDP review:
(a)
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Watertown
Land Use Plan Map.
(b)
A map of the subject property, showing all lands for which the
planned infill development is proposed and all other lands within
200 feet of the boundaries of the subject property, together with
the names and addresses of the owners of all lands on said map as
the same appear on the current records of the Register of Deeds of
Dodge and/or Jefferson County (as provided by the City of Watertown).
Said map shall clearly indicate the current zoning of the subject
property and its environs and the jurisdiction(s) which maintains
that control. Said map and all its parts and attachments shall be
submitted in a form which is clearly reproducible with a photocopier
and shall be at a scale which is not less than one inch equals 800
feet. All lot dimensions of the subject property, a graphic scale,
and a North arrow shall be provided.
(c)
A general written description of proposed PUD, including:
[1]
General project themes and images.
[2]
The general mix of dwelling unit types and/or land uses.
[3]
Approximate residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio.
[4]
The general treatment of natural features.
[5]
The general relationship to nearby properties and public streets.
[6]
The general relationship of the project to the Comprehensive
Plan.
[7]
A statement of rationale as to why PUD zoning is proposed. This
shall identify barriers that the applicant perceives in the form of
requirements of standard zoning districts and opportunities for community
betterment that the applicant suggests are available through the proposed
PUD zoning.
[8]
A complete list of zoning standards which will not be met by
the proposed PUD and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PUD and the location(s) in which they apply shall be identified. Essentially,
the purpose of this listing shall be to provide the Plan Commission
with information necessary to determine the relative merits of the
project in regard to private benefit versus public benefit and in
regard to the mitigation of potential adverse impacts created by design
flexibility.
(d)
A general development plan drawing at a minimum scale of one
inch equals 100 feet (reduction of 11 inches by 17 inches) of the
proposed project shall also be provided by the applicant), showing
at least the following information in sufficient detail to make an
evaluation against criteria for approval:
[1]
A conceptual plan drawing (at 11 inches by 17 inches) of the
general land use layout and the general location of major public streets
and/or private drives. The applicant may submit copies of a larger
version of the "bubble plan" in addition to the reduction of 11 inches
by 17 inches;
[2]
Location of recreational and open space areas and facilities,
and specifically describing those that are to be reserved or dedicated
for public acquisition and use;
[3]
Statistical data on minimum lot sizes in the development, the
approximate areas of large development lots and pads, density/intensity
of various parts of the development, floor area ratio, impervious
surface area ratio and landscape surface area ratio of various land
uses, expected staging, and any other plans required by the Plan Commission
or Common Council; and
[4]
Notations relating the written information provided in Subsection G(1)(c)[1] to [6] above to specific areas on the GDP drawing.
(e)
A general conceptual landscaping plan for subject property,
noting approximate locations of foundation, street, yard and paving,
landscaping and the compliance of development with all landscaping
requirements of this chapter (except as noted in the listing of exceptions),
and the use of extra landscaping and bufferyards.
(f)
A general signage plan for the project, including all project
identification signs and concepts for public fixtures and signs (such
as streetlight fixtures and/or poles or street sign faces and/or poles)
which are proposed to vary from City standards or common practices.
(g)
Written justification for the proposed planned unit development.
(The applicant is advised to use the requirements of the Zoning Map
amendment procedure to develop said written justification.)
(h)
Written demonstration of financial capability to complete all
public and private improvements associated with the proposed PUD.
(2)
The
process and fees for review and approval of the GDP shall be identical
to that for Zoning Map amendments per this chapter and (if land is
to be divided) to that for preliminary and final plats of subdivision
per the City Code.
(3)
All
portions of an approved PUD/GDP not fully developed within three years
of final Common Council approval shall expire, and no additional PUD-based
development shall be permitted. The Common Council may extend this
three-year period by up to five additional years via a majority vote
following a public hearing.
H.
PUD Process Step 4: Precise implementation plan (PIP).
(1)
After
the effective date of the rezoning to PUD/GDP, the applicant may file
an application for a proposed precise implementation plan (PIP) with
the Plan Commission. This submittal packet shall contain all of the
following items, prior to its acceptance by the Zoning Administrator
and placement of the item on a Plan Commission agenda for PUD review:
(a)
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Watertown
Land Use Plan Map.
(b)
A map of the subject property, showing all lands for which the
planned infill development is proposed and all other lands within
200 feet of the boundaries of the subject property, together with
the names and addresses of the owners of all lands on said map as
the same appear on the current records of the Register of Deeds of
Dodge and/or Jefferson County (as provided by the City of Watertown).
Said map shall clearly indicate the current zoning of the subject
property and its environs and the jurisdiction(s) which maintains
that control. Said map and all its parts and attachments shall be
submitted in a form which is clearly reproducible with a photocopier
and shall be at a scale not less than one inch equals 800 feet. All
lot dimensions of the subject property, a graphic scale, and a North
arrow shall be provided.
(c)
A general written description of the proposed PIP, including:
[1]
Specific project themes and images.
[2]
The specific mix of dwelling unit types and/or land uses.
[3]
Specific residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio.
[4]
The specific treatment of natural features.
[5]
The specific relationship to nearby properties and public streets.
[6]
A statement of rationale as to why PUD zoning is proposed. This
shall identify barriers that the applicant perceives in the form of
requirements of standard zoning districts and opportunities for community
betterment the applicant suggests are available through the proposed
PUD zoning.
[7]
A complete list of zoning standards which will not be met by
the proposed PIP and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PIP and the location(s) in which they apply shall be identified. The
purpose of this listing shall be to provide the Plan Commission with
information necessary to determine the relative merits of the project
in regard to private benefit versus public benefit and in regard to
the mitigation of potential adverse impacts created by design flexibility.
(d)
A precise implementation plan drawing at a minimum scale of
one inch equals 100 feet (reduction of 11 inches by 17 inches) of
the proposed project shall also be provided by the applicant, showing
at least the following information in sufficient detail to make an
evaluation against criteria for approval:
[1]
A PIP site plan conforming to any and all the requirements of
the site plan review and approval procedures. If the proposed planned
unit development is a cluster development or a group development,
a proposed preliminary plat or conceptual plat shall be provided in
addition to the required site plan;
[2]
Location of recreational and open space areas and facilities
and specifically describing those that are to be reserved or dedicated
for public acquisition and use;
[3]
Statistical data on minimum lot sizes in the development, the
precise areas of all development lots and pads, density/intensity
of various parts of the development, floor area ratio, impervious
surface area ratio and landscape surface area ratio of various land
uses, expected staging, and any other plans required by the Plan Commission
or Common Council; and
[4]
Notations relating the written information provided in Subsection G(1)(c)[1] to [6] above to specific areas on the GDP drawing.
(e)
A landscaping plan for the subject property, specifying the
location, species and installed size of all trees and shrubs. This
plan shall also include a chart, which provides a cumulative total
for each species, type and required location (foundation, yard, street,
paved area or bufferyard) of all trees and shrubs.
(f)
A series of building elevations for the entire exterior of all
buildings in the planned unit development, including detailed notes
as to the materials and colors proposed.
(g)
A general signage plan for the project, including all project
identification signs, concepts for public fixtures and signs (such
as streetlight fixtures and/or poles or street sign faces and/or poles),
and group development signage themes which are proposed to vary from
City standards or common practices.
(h)
A general outline of the intended organizational structure for
a property owners' association, if any; deed restrictions and provisions
for private provision of common services, if any.
(i)
A written description which demonstrates the full consistency
of the proposed PIP with the approved GDP.
(j)
Any and all variations between the requirements of the applicable
PUD/GDP zoning district and the proposed PIP development.
(2)
The
applicant shall submit proof of financial capability pertaining to
construction and maintenance and operation of all public and private
improvements associated with the proposed PUD.
(3)
The
area included in a precise implementation plan may be only a portion
of the area included in a previously approved general implementation
plan.
(4)
The
precise implementation plan (PIP) submission may include site plan
and design information, allowing the Plan Commission to combine design
review and review of the PIP. Design review may, at the choice of
the applicant, be deferred until a later time when specific site and
building developments will be brought forth.
(5)
The
Plan Commission or Common Council may specify other plans, documents
or schedules that must be submitted prior to consideration or approval
of the PIP, as such may be relevant to review.
(6)
The
process and fees for review and approval of the PUD shall be identical
to that for Zoning Map amendments per this chapter and (if land is
to be divided) to that for preliminary and final plats of subdivision
per the City Code.
(7)
All
portions of an approved PUD/PIP not fully developed within three years
of final Common Council approval shall expire, and no additional PUD-based
development shall be permitted. The Common Council may extend this
three-year period by up to five additional years via a majority vote
following a public hearing.
A.
Designation. The Building Inspector or a designee of the Building
Inspector is hereby designated as the administrative and enforcement
officer for the provisions of this chapter and is also herein referred
to as the Zoning Administrator. The duty of the Zoning Administrator
is to interpret and administer this chapter and to issue, after on-site
inspection, all permits required by this chapter.
B.
Duties. The provisions of this chapter shall be administered and
enforced by the Zoning Administrator or a designee, who in addition
thereto and in furtherance of said authority shall:
(1)
Determine that all detailed site analyses, building permits,
certificates of occupancy, sign permits and site plans (and their
constituent plans) comply with all provisions of this chapter.
(2)
Conduct inspections of buildings, structures, waters and land
to determine compliance with all provisions of this chapter.
(3)
Be permitted access to premises and structures during reasonable
hours to make those inspections as deemed necessary by him to ensure
compliance with this chapter. If, however, he is refused entry after
presentation of his identification, he may procure a special inspection
warrant in accordance with § 66.0119, Wis. Stats.
(4)
Maintain permanent and current records of this chapter, including
but not limited to all maps, amendments, conditional uses, temporary
uses, sign permits, site plans, occupancy permits, variances, appeals,
interpretations, and applications therefor.
(5)
Record the first-floor and lowest-floor (basement or crawlway)
elevations of all structures erected, moved, altered or improved in
the floodland districts.
(6)
Receive, file and forward all applications for all procedures
governed by this chapter to the designated official bodies.
(7)
Investigate all complaints made relating to the location of
structures and the use of structures, lands and waters; give notice
of all violations of this chapter to the owner, resident, agent or
occupant of the premises; and report uncorrected violations to the
City Attorney in a manner specified by him.
(8)
Institute, in the name of the City of Watertown, any appropriate
actions or proceedings against a violator of this chapter as provided
by law.
(9)
Prohibit the use or erection of any structure, land or water
until he has inspected and approved such use or erection.
(10)
Where useful, the Zoning Administrator or his agent may set
marks on bridges or buildings or other markers which show the depth
of the regional flood or may set marks delineating the boundaries
of wetlands.
(11)
Request assistance and cooperation from the City Police Department
and City Attorney as deemed necessary.
(12)
Make available to the public, to the fullest extent possible,
all reports and documents concerning the City's Comprehensive Plan
and ordinances. In addition, information in the form of reports, bulletins,
maps and engineering data shall be readily available and widely distributed.
The Common Council may set fees necessary to recover the cost of providing
information to the public.
(13)
The Public Works Director/City Engineer may be designated the
Deputy Zoning Administrator by the Zoning Administrator.
[Amended 7-5-2022 by Ord. No. 22-63]
A.
The Plan Commission, together with its other statutory duties, shall
make reports and recommendations relating to the plan and development
of the City to the Common Council, other public officials and other
interested organizations and citizens. The Commission, its members
and employees, in the performance of its functions, may enter upon
any land and make examinations and surveys.
B.
In general, the Plan Commission shall have such powers as may be
necessary to enable it to perform its functions and promote municipal
planning. Under this chapter, its functions are primarily recommendatory
to the Common Council pursuant to guidelines set forth in this chapter
as to various matters, and always being mindful of the intent and
purposes of this chapter. Recommendations shall be in writing. A recording
thereof in the Commission's minutes shall constitute the required
written recommendation. The Commission may, in arriving at its recommendation,
on occasion and of its own volition, conduct its own public hearing.
The Zoning Board of Appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this chapter (see § 550-147) or appeals regarding an interpretation of the Zoning Administrator of the provisions of this chapter (see § 550-148).
A.
Establishment and membership. A Zoning Board of Appeals is hereby
established. The Zoning Board of Appeals shall consists of five members
appointed by the Mayor, subject to confirmation by the Common Council,
for three years, except that, of those first appointed, one shall
serve for one year and two for two years. The members shall serve
without compensation and shall be removable by the Mayor for cause
upon written charges and after public hearing. The Mayor shall designate
one of the members Chairperson. The Mayor shall appoint, subject to
confirmation of the Council for staggered terms of three years, two
alternate members of such Board in addition to the five members above
provided for. Annually, the Mayor shall designate one of the alternate
members as first alternate and the other as second alternate. The
first alternate shall act, with full power, only when a member of
the Board refuses or declines to vote, is disqualified because of
interest or when a member is absent. The second alternate shall so
act when the first alternate so refuses or declines to vote, is disqualified
because of interest or is absent, or when more than one member so
refuses or declines, is disqualified or is absent. Other provisions
herein appearing, with regard to removal and filling of vacancies,
shall apply to such alternates. Vacancies shall be filled for the
unexpired terms of members whose terms become vacant. Appointments
shall be made at the organizational meeting the third Tuesday in April.
Terms of office shall commence the first day of May. The City Clerk
shall serve as Secretary of the Board. The Zoning Board of Appeals
may employ other employees.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
Organization.
(1)
The Zoning Board of Appeals shall adopt rules for its government
and procedure. Meetings of the Zoning Board of Appeals shall be held
at the call of the Secretary and at such other times as the Zoning
Board of Appeals may determine. The Chairperson, or in his absence
an elected Acting Chairperson, may administer oaths and subpoena the
attendance of witnesses. All meetings shall be open to the public.
(2)
The Zoning Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the Board of Appeals, which is the City Clerk's
office, and shall be a public record.
[Amended 7-5-2022 by Ord. No. 22-63]
C.
Powers.
(1)
The Zoning Board of Appeals shall have the following powers:
(a)
To hear and decide appeals when it is alleged there is error
in any order, requirement, decision or determination made by the Zoning
Administrator.
(b)
To hear and decide special exceptions to the terms of this chapter
upon which the Zoning Board of Appeals is required to pass.
(c)
To authorize, upon appeal in specific cases, such variance from
the terms of this chapter as will not be contrary to the public interest,
when owing to special conditions a literal enforcement will result
in practical difficulty or unnecessary hardship, so that the spirit
of this chapter shall be observed, public safety and welfare secured,
and substantial justice done.
(d)
Permit in appropriate cases, and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of this
chapter, a building or premises to be erected or used for such public
utility purposes in any location which is reasonably necessary for
the public convenience and welfare.
(2)
In exercising the above-listed powers, the Zoning Board of Appeals
may reverse or affirm, wholly or in part, or may modify any order,
requirement, decision or determination appealed from, and shall make
such order, requirement, decision or determination as in its opinion
ought to be made in the premises, and to that end shall have all the
powers of the Zoning Administrator or other administrative officer
from whom the appeal is taken. If a quorum is present, the Zoning
Board of Appeals may take action by a majority vote of the members
present to reverse any order, requirement, decision or determination
appealed from or to decide in favor of the applicant on any matter
on which it is required to pass or to effect any variation in the
requirements of this chapter.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(3)
In addition to the foregoing powers, the Zoning Board of Appeals
shall have the following specific powers:
(a)
To interpret the provisions of this chapter in such a way as
to carry out the intent and purpose of the plan, as shown on the Zoning
Map accompanying and made a part of this chapter, where the street
layout actually on the ground varies from the street layout on the
aforesaid map.
(b)
To call on any other City department for assistance in the performance
of its duties, and it shall be the duty of such other departments
to render such assistance as may be reasonably required.
(4)
Except as specifically provided, no action of the Zoning Board
of Appeals shall have the effect of permitting in any district uses
prohibited in such districts.
D.
Appeals. Appeals to the Zoning Board of Appeals may be taken by any
person aggrieved or by any officer, department, board or bureau of
the City of Watertown affected by any decision of the administrative
officers. Such appeal shall be taken within a reasonable time, as
provided by the rules of the Zoning Board of Appeals, by filing with
the officer(s) from whom the appeal is taken and with the Zoning Board
of Appeals a notice of appeal, specifying the grounds thereof, together
with payment of a filing fee as may be established by the Common Council.
The officer(s) from whom the appeal is taken shall forthwith transmit
to the Zoning Board of Appeals all papers constituting the record
of appeals upon which the action appealed from was taken. The Zoning
Board of Appeals shall fix a reasonable time for the hearing of appeals
and give public notice thereof as well as due notice to the parties
in interest and shall decide the same within a reasonable time.
E.
Notice of hearing. The Zoning Board of Appeals shall fix a reasonable
time and place for the hearing, cause notice thereof to be published
in the official newspaper not less than seven days prior thereto,
and cause notice to be given to the appellant or applicant and the
administrative officer(s) appealed from by regular mail or by personal
service not less than five days prior to the date of hearing. In every
case involving a variance, notice shall also be mailed not less than
10 days prior to the hearing to the fee owners of record of all land
within 200 feet of any part of the subject building or premises involved
in the appeal.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
F.
Hearings. Hearings on appeals shall be public and shall be conducted
according to the rules of procedure adopted by the Board. At the hearing,
the appellant or applicant may appear in person, by agent or by attorney.
Decisions of the Board following public hearing may be made either
in public or closed session, as the Board shall determine.
G.
Findings.
(1)
Findings of fact and reasons for all actions taken shall be
reduced by the Board to writing in the minutes of the proceedings.
(2)
In the case of appeal based on variance, for the same to be
granted the findings shall affirmatively show the following, together
with the fact and the grounds therefor:
(a)
A literal enforcement of the terms of this chapter would result
in practical difficulty or unnecessary hardship to the appellant.
(b)
The variance is not contrary to the public interest and will
not endanger public safety.
(c)
The variance is in accord with the spirit of this chapter.
(d)
The variance will cause substantial justice to be done.
(3)
Further to be considered by the Board in case of appeal based
on variance in arriving at its reasons and grounds for the above-required
findings are the following:
(a)
Preservation of intent. No variance shall be granted that is
not consistent with the purpose and intent of the regulations for
the district in which the development is located. No variance shall
have the effect of permitting a use in any district that is not a
stated permitted use, accessory use or conditional use in that particular
district.
(b)
Exceptional circumstances. There may be exceptional, extraordinary
or unusual circumstances or conditions applying to the lot or parcel,
structure, use or intended use that do not apply generally to other
properties or uses in the same district, and the granting of the variance
would not be of so general recurrent nature as to suggest that the
chapter should be changed.
(c)
Economic hardship and self-imposed hardship not grounds for
variance. No variance shall be granted solely on the basis of economic
gain or loss. Self-imposed hardships shall not be considered as grounds
for the granting of a variance.
(d)
Preservation of property rights. Such variance may be necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same district and same vicinity.
(e)
Absence of detriment. Such variance should not create substantial
detriment to adjacent property and shall not materially impair or
be contrary to the purpose and spirit of this chapter or the public
interest.
H.
Wetland and floodland mapping disputes. Refer to City Code Chapter 532, Floodplain and Shoreland-Wetland Zoning.
I.
Decision. The Zoning Board of Appeals shall decide all appeals and
applications within 60 days after the public hearing and shall transmit
a signed copy of the Board's decision to the appellant or applicant,
Zoning Administrator and City Plan Commission.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(1)
Conditions may be placed upon any zoning permit ordered or authorized
by this Board.
(2)
Variances, substitutions, or use permits granted by the Board
shall expire within six months, unless substantial work has commenced
pursuant to such grant.
(3)
Applicants receiving variances in floodlands shall be notified,
in writing, by the Zoning Board of Appeals that increased flood insurance
premiums and risk to life or property may result from the granting
of the variance. The Board shall keep a record of the notification
in its files.
J.
Review by court of record. Any persons aggrieved by any decision
of the Zoning Board of Appeals may present to a court of record a
petition, duly verified, setting forth that such decision is illegal
and specifying the grounds of the illegality. Such petition shall
be presented to the court within 30 days after the filing of the decision
in the offices of the Board.
A.
Fees for procedures requested by a private party.
[Amended by Ord. No. 04-18; 10-4-2016 by Ord. No.
16-18]
(1)
The fees for the procedures and permits established by this
chapter shall be set by resolution of the Common Council of the City
of Watertown and provided under separate fee schedule. The following
fees shall be utilized for the procedures listed below and shall take
precedence over any other fee charges contained in this chapter.
(2)
Additional meetings for procedures shall be billed at a rate per meeting established by Common Council, unless waived by the Plan Commission based on special circumstances. Legal notices for these additional meetings shall be billed at cost. All fees under this subsection may be modified by Subsection D below.
B.
Fees for procedures requested by the City of Watertown. There shall
be no fee in the case of applications filed in the public interest
by the Common Council or the Plan Commission, other agency or official
of the City of Watertown.
C.
Payment of fees. Fees shall be payable at the time applications are
filed with the appropriate officer of the City (per the requirements
of this chapter) and are not refundable.
D.
Reimbursable costs. The City may retain the services of professional
consultants (including but not limited to engineers, landscape architects,
architects, attorneys, environmental specialists, recreation specialists
and other experts) to assist the City's review of a proposal coming
before the Site Plan Review Committee, Plan Commission or Common Council.
The City may apply the charges for the services to the applicant but
shall first inform the applicant that the services will be retained
and the estimated costs. The applicant shall have the right to withdraw
the application if the additional costs are not acceptable. The City
may delay acceptance of the application as complete or may delay final
approval of the proposal until such fees are paid by the applicant.
Fees which are applied to an applicant, but which are not paid, may
be assigned by the City as a special assessment to the subject property.
A.
Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation) or construct or use any structure, land or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Subsection B below and, in addition, shall pay all costs and expenses, including actual reasonable attorneys' and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
B.
Penalties. Any person, firm or corporation who or which fails to
comply with the provisions of this chapter or any order of the Zoning
Administrator shall, upon conviction thereof, forfeit not more than
$500 and costs of prosecution for each violation and, in default of
payment of such forfeiture and costs, shall be imprisoned in the county
jail until payment thereof, but not exceeding 30 days. Each day a
violation exists or continues shall constitute a separate offense.
(1)
City promulgated correction of violation. In addition to any
other penalty imposed by this section for a violation of the provisions
of this chapter, the City reserves and maintains the continued right
to abate violations of this chapter.
(2)
Hazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall cause the violation to be immediately abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection B(4) below. The Zoning Administrator is hereby authorized to abate a violation of this chapter.
(3)
Nonhazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall serve written notice by registered mail on the current owner of the property (as indicated by current City of Watertown tax records) on which said violation is occurring to remove said violation within 10 working days. If such violation is not removed within such 10 working days, the Zoning Administrator shall cause the violation to be abated per Subsection B(1) above. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection B(4) below.
(4)
Cost of abatement. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the cost of abating a violation of this chapter per Subsection B(2) and/or (3) above shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the City to abate the violation shall be kept, and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by registered mail and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Treasurer shall enter such charges onto the tax roll as a special charge as provided by § 66.0627, Wis. Stats.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24; 7-5-2022 by Ord. No. 22-63]
