[Amended 8-21-2018 by Ord. No. 1433]
There is hereby established an Aesthetic Control
Board for the City of St. Francis.
A.
Composition. The Aesthetic Control Board should consist
of five members as follows: five citizen members to serve two-year
terms. Such members may be employees or officers of the City of St.
Francis. The Zoning Administrator shall serve as an advisor and Recording
Secretary of the Aesthetic Control Board.
B.
Powers. The Aesthetic Control Board shall have the
power to:
(1)
Hear and decide applications to erect, move, reconstruct,
extend, alter or change the exterior of all residential structures.
Small accessory structures, decks and minor exterior alterations
shall be exempt unless a determination is requested by the Zoning
Administrator.
(2)
Hear and decide development applications for building
plans, landscaping, HVAC locations, and signage for all commercial,
industrial, institutional and multifamily uses.
(3)
Approve, deny or conditionally approve an application
and may request such modifications as it may deem necessary to carry
out the purpose of this division. The Board, however, shall not require
private deed restrictions.
(4)
Request
assistance from other municipal officers, departments, boards and
commissions.
(5)
Request the applicant to furnish such additional information
as the Board may reasonably require to make its required determinations
under this section.
C.
Aesthetic principles, guidelines.
(1)
Principles.
To implement and define criteria for the purposes of this section,
the following principles are established:
(a)
No building or sign shall be permitted which has a design or exterior
appearance that is of such unorthodox or abnormal character in relation
to its surroundings as to be unsightly or offensive to generally accepted
taste and community standards.
(b)
No building or sign shall be permitted which has a design or exterior
appearance that is so similar with those within reasonable proximity
as to create excessive monotony or drabness.
(c)
No building or sign shall be permitted where any exposed façade
is constructed or faced with a finished material which is aesthetically
incompatible with the other façades and which presents an unattractive
appearance to the public and to surrounding properties.
(d)
No building or sign shall be permitted to be sited on the property
in a manner which would unnecessarily destroy or substantially damage
the natural beauty of the area, particularly insofar as it would adversely
affect values incident to ownership of land in that area; or which
would unnecessarily have an adverse effect on the beauty and general
enjoyment of existing structures on adjoining properties.
(e)
Development and redevelopment shall be consistent with the public
goals, objectives, principles, standards, policies and design guidelines
set forth in the City’s comprehensive plan or applicable components
of it.
(2)
Guidelines.
The following design guidelines are established for all development
applications for commercial, industrial, institutional and multifamily
uses:
(a)
Building design.
[1]
Architectural style shall be consistent or compatible with the surrounding
area. Compatibility may be achieved through the use of various visual
architectural elements such as similar rooflines, building orientations,
forms/shapes, proportions (scale and mass), door and window patterns
(fenestration), textures, materials, colors and other architectural
detailing. Building lighting, signage and mechanical equipment also
shall be presented as an integral part of the building design and
shall not detract from the architectural style of the building.
[2]
The composition of major building elements such as massing, rooflines,
colors and material shall complement and contribute to a desirable
community identity.
[3]
Colors shall be harmonious and relate to the overall site and to
the City as a whole. Bright complementary colors may be used for highlighting
purposes (accenting) provided such colors do not overbear the integrity
of the building façade.
[4]
Rooftop mechanical equipment, trash/dumpster areas, and other utility
hardware located on the site shall be screened from public view with
building and landscape material or be located in a manner that is
unobtrusive.
[5]
No rows of garage doors for multifamily uses and no overhead service
doors or loading docks shall face a public street. The Planning Commission
may allow such features to face a public street when it finds that
there is no feasible alternative orientation for such doors or docks
and, insofar as is practicable, such doors and docks facing public
streets are to be screened with landscaping and/or softened by architectural
detailing.
[6]
Accessory buildings and structures shall be compatible with the principal
building in terms of building façade character, roof shapes,
materials, colors and architectural details.
(b)
Exterior building materials.
[1]
Materials shall be consistent or compatible with the architectural
character of the City and shall be consistent with the surrounding
area. Where the proposed materials are dissimilar to prevailing materials
used on existing buildings in the area, other characteristics such
as form, proportion, texture, color and detailing shall be utilized
to ensure that adequate similarity exists for the building to be compatible,
despite the use of different materials. The requirements of this
section concerning compatibility with existing buildings shall not
be deemed to apply to areas that have been determined by the Planning
Commission or Community Development Authority to be in need of, or
suitable for, redevelopment.
[2]
Materials shall be of durable quality.
[3]
The façades of buildings shall be finished with an aesthetically
pleasing material(s) such as natural or cultured stone, brick, wood,
glass panels, or ornate masonry materials, except where the building
style requires a different material. No plain concrete-block or plain
concrete-panel buildings or smooth or corrugated metal-faced buildings
that are devoid of an architectural merit or character, except those
with an attractive finished surface listed above, may be allowed.
[4]
Building façades clad with a single exterior surface material
shall provide some additional architectural design elements to break
up the plane of large faceless and/or nondescript walls. This may
be achieved by architectural design treatments consistent with the
principal building design.
D.
Findings, decisions, and appeals.
(1)
Findings.
The Aesthetic Control Board shall not approve any application unless
it finds that the purposes, principles, and guidelines in this section
have been reasonably met.
(2)
Decision.
The decision of the Aesthetic Control Board shall include the findings
required under this section and shall be recorded in the minutes of
the Aesthetic Control Board.
(3)
Appeal.
Any person, or the City, aggrieved by any decision or order of the
Aesthetic Control Board may appeal to the Zoning Board of Appeals
of the City of St. Francis and pay the applicable fee within 30 days
of such decision or order of Aesthetic Control Board’s. No resort
to any other court or forum shall be had until the remedies provided
herein have been exhausted.
E.
Fees. The fee for review by the Aesthetic Control
Board shall be as set forth in the currently adopted fee schedule
as amended from time to time. Such fee shall be payable at time of
application for the building permit.
F.
Enforcement. Any person, firm or corporation who violates, disobeys, neglects, omits or refuses to comply with the provisions of this section, or who violates or resists the enforcement of any decision of the Aesthetic Control Board, shall be subject to enforcement, including injunctive relief as provided in § 455-18, and to penalties as provided in § 455-19 of this Code.
A.
Establishment. There is established a Zoning Board
of Appeals which shall consist of five members appointed by the Mayor,
subject to confirmation by the Council. Members shall serve for three
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 Chairman. The Mayor shall
appoint two alternate members for terms of three years, who shall
act with full power only when a member declines to vote because of
conflict of interest. Vacancies shall be filled for the unexpired
terms of members who are absent or whose terms become vacant.
B.
Employees. The Zoning Board of Appeals may employ
a secretary and other employees.
C.
Rules of procedure. The Zoning Board of Appeals shall
adopt rules for its governance and procedure. Meetings of the Zoning
Board of Appeals shall be held at the call of the Chairman and at
such times as the Zoning Board of Appeals may determine. The Chairman
or, in his absence, the Acting Chairman may administer oaths and compel
the attendance of witnesses. All meetings shall be open to the public.
D.
Records. 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 examination and other official functions and actions,
all of which shall be immediately filed in the office of the Zoning
Board of Appeals and shall be a public record.
E.
Who may appeal. Appeals to the Zoning Board of Appeals
may be taken by any person aggrieved or by an officer, department,
board or bureau of the City affected by any decision of the Zoning
Administrator and/or the Aesthetic Control Board. Such appeals shall
be taken within a reasonable time, as provided by the rules of the
Zoning Board of Appeals, by filing with the officer from whom the
appeal is taken and with the Board a notice of appeal specifying the
grounds thereof. The Zoning Administrator shall forthwith transmit
to the Zoning Board of Appeals all papers constituting the records
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 decide the same within a reasonable time.
F.
Powers of the Zoning Board of Appeals.
(1)
The Zoning Board of Appeals shall have the following
powers:
(a)
To hear and decide appeals where it is alleged
there is an error in any order, requirement, decision, or determination
made by the Zoning Administrator and/or the Aesthetic Control Board.
(b)
To authorize, upon appeal in specific cases,
such variances from the terms of this chapter as will not be contrary
to the public interest where, owing to special conditions peculiar
to a specific lot or tract of land, 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.
(2)
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
circumstances and to that end shall have all the powers of the Zoning
Administrator. The concurring vote of four members of the Zoning Board
of Appeals shall be necessary 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.
(3)
In addition to the foregoing, the Board shall have
the following specific powers:
(a)
To grant a permit for the extension of a district
boundary for a distance of not more than 25 feet only where the boundary
of a district divides a lot in a single ownership at the time of the
adoption of this chapter.
(b)
To interpret the provisions of this chapter
in such a way as to carry out the intent and purpose of this chapter
and the Comprehensive Smart Growth Plan.
(4)
The Zoning Board of Appeals shall have the power to
call upon any other City department for assistance in the performance
of its duties, and it shall be the duty of such other department to
render such assistance as may be reasonably required.
G.
Findings of the Zoning Board of Appeals. No variance
to the provisions of this chapter shall be granted by the Zoning Board
of Appeals unless it finds beyond a reasonable doubt that all the
following facts and conditions exist and so indicates in the minutes
of its proceedings:
(1)
Preservation of intent. Variances shall be consistent
with the purpose and intent of the regulations for the district in
which the development is located.
(2)
Exceptional circumstances. There shall be exceptional,
extraordinary, or unusual circumstances or conditions applying to
the lot or parcel 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 or recurrent nature as to suggest that this chapter
should be amended.
(3)
Economic hardship and self-imposed hardship not grounds
for variance. Variance shall not be granted on the basis of economic
gain or loss. Self-imposed hardships shall not be considered as grounds
for the granting of the variance.
(4)
Preservation of property rights. The variance must
be necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same district and same
vicinity.
(5)
Absence of detriment. Variances shall not be granted
that will create substantial detriment to adjacent property and will
materially impair or be contrary to the purpose and spirit of this
chapter or the public interest.
H.
Conditions. In exercising the foregoing powers, the
Zoning Board of Appeals may, in appropriate cases, establish suitable
conditions and safeguards in harmony with the general purposes and
intent of this chapter.
I.
Fee. An application fee for an appeal to the Zoning
Board of Appeals shall be as set forth in the currently adopted fee
schedule as amended from time to time but shall be no less than $250.
[Amended 12-7-2004 by Ord. No. 1179]
A.
Establishment. There is established a City Planning
Commission in accordance with § 62.23, Wis. Stats.
B.
Duties and responsibilities. The Planning Commission
shall have the following duties and responsibilities in addition to
those set forth in other sections of this Code:
(1)
All duties and responsibilities authorized by state
statutes.
(2)
All duties and responsibilities detailed in this chapter,
including but not limited to the following:
(c)
The Planning Commission shall be responsible
for making recommendations to the Common Council regarding:
[1]
Requests for the location of more than one principal
building on a lot.
[2]
The determination of similar use status for
uses not specifically listed in this chapter.
[3]
Initial PUD plans.
[4]
Major changes in approved detailed PUD plans.
[5]
Requests for a reduction in required parking.
[6]
Special uses.
[7]
Changes to zoning district boundaries (rezonings).
[8]
Amendment of this chapter.
The Building Inspector shall serve as the Zoning
Administrator and shall enforce all of the provisions of this chapter,
and for such purposes he shall have all of the powers of a police
officer. His duties shall include inspecting premises and issuing
building permits and certificates of occupancy for buildings and uses
of land that meet the requirements of this chapter.
A.
Enumerated. For the purposes of this chapter, the
City is hereby divided into 10 districts as follows:
(1)
R-1 Single-Family Residential District.
(2)
R-2 Single-Family and Duplex Residential District.
(3)
R-3 Residential Mixed Use District.
(4)
R-4 General Multifamily and Commercial District.
(5)
R-5 Intensive Multifamily and Commercial District.
(6)
IU Institutional Use District.
(7)
B-1 Limited Business District.
(8)
B-2 General Business District.
(9)
M-1 Limited Industrial District.
(10)
M-2 General Industrial District.
B.
Zoning Map. The boundaries of the districts enumerated in Subsection A are hereby established as shown on the map titled "District Zoning Map, St. Francis, Wisconsin," dated October 6, 1964, as subsequently amended, which map is made a part of this chapter. All notations and references shown on the District Zoning Map are as much a part of this chapter as though specifically described herein.
(1)
The district boundaries are the center lines of streets
or alleys, unless otherwise shown, and where the designation on the
District Zoning Map indicates that the various districts are approximately
bounded by a street or alley line, such street or alley line shall
be construed to be the district boundary line.
(2)
Where the district boundaries are not otherwise indicated
and where the property has been or may hereafter be divided into blocks
and lots, the district boundaries shall be construed to be lot lines,
and where the designations on the District Zoning Map are approximately
bounded by lot lines, the lot lines shall be construed to be the boundary
of the district.
(3)
In subdivided property, the district boundary lines
shown on the District Zoning Map shall be determined by the use of
the scale shown on the map.
A.
For the purposes of this chapter, the City is divided
into five height districts as follows:
B.
The boundaries of the height districts are hereby
established as shown on the map titled "Height District Map, St. Francis,
Wisconsin," dated October 6, 1964, and as subsequently amended, which
accompanies and is made a part of this chapter. All notations and
references shown on the Height District Map are as much a part of
this chapter as though specifically described herein.
C.
The district boundaries are the center lines of streets
or alleys, unless otherwise shown, and where the designation on the
Height District Map indicates that the various districts are approximately
bounded by a street or alley line, such street or alley line shall
be construed to be the height district boundary line.
D.
Where the provisions of this section conflict with
the height restrictions of the zoning districts, the most restrictive
shall apply.
E.
These provisions shall not apply to buildings or structures
for municipal purposes.
F.
Other governing bodies, such as the Federal Aviation
Administration, may have height restrictions different than those
called for herein. The most restrictive of such shall apply. Violations
of such stricter height requirements shall be considered violations
of this chapter as though set forth herein.
[Amended 10-4-2022 by Ord. No. 1500]
A.
Establishment. There is hereby established an Official Map of the
City showing the location and width of streets, highways, and parkways
as laid out, adopted and established. Such Official Map consists of
one sheet titled "Official Map" upon which are inscribed the location
and width of streets and highways within the area the City has jurisdiction
over. Land subdivision plats are required by § 236.10, Wis.
Stats.
B.
Plat approval. No land subdivision plat shall be approved unless
such plat conforms to the Official Map.
C.
Permits. For the purposes of preserving the integrity of the Official
Map:
(1)
Subject only to the provisions of Subsection C(2) and (3) below, no permit shall be issued for the erection or location of any building or structure within the actual or established right-of-way of any street, highway, alley, or parkway within the City of St. Francis shown on the Official Map. All applications for permits to construct a building or structure within the bed of any streets, alleys, parkways, highways and expressways shown on the Official Map shall be denied by the Building Inspector within 30 days from the date of such application.
(2)
An application for the erection of a fence within the established right-of-way of any street, highway, alley or parkway shown on the Official Map, may only be granted if, in addition to compliance with all applicable requirements in § 198-6, the owner(s) of the subject property signs a written agreement with the City of St. Francis, in recordable form acceptable to the City Attorney, by which said property owner(s):
(a)
Agree on behalf of themselves and their successors in title
and interest that granting of such permit does not constitute a waiver
of the City's rights; and
(b)
Warrant and represent on behalf of themselves and their successors
in title that the fence will be removed without cost or expense to
the City in the event the City proceeds with opening a street, highway,
alley or parkway in the established right-of-way.
(3)
In the event of an appeal of the denial of a permit under this Subsection C, the Zoning Board of Appeals shall fix a time and place for the hearing of said appeal in the same manner as that established for other appeals to the Board; said hearing to be held not more than 40 days after such appeal is filed, unless the Board, in its discretion, extends the time for hearing upon motion of the appellant or City Attorney. If the land within such mapped street, alley, parkway, highway or expressway is not yielding a fair return, the Zoning Board of Appeals shall have power in a specific case, by the vote of a majority of its members, to grant a permit for a building in such street, alley, parkway, highway or expressway, which will as little as practicable increase the cost of opening such street, alley, parkway, highway or expressway, or tend to cause a change of such Official Map. The Board may also impose reasonable requirements as a condition of granting such permit where the board finds they are reasonably necessary to promote the health, convenience, safety or general welfare of the community. Notwithstanding any provision of this subsection to the contrary, the Board shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the mapped street, alley, parkway, highway or expressway. Before taking any action authorized in this subsection, the Board of Appeals shall hold a hearing at which parties in interest and others shall have an opportunity to be heard. At least 15 days before the hearing, notice of the time and place of the hearing shall be provided to the applicant and published as a Class 1 notice, under Ch. 985, Wis. Stats. Any decision by the board under this subsection shall be subject to review by commencement of a certiorari action within 30 days of the date of the Board's decision in the same manner and pursuant to the same provisions as in appeals from the decisions of a board of appeals of zoning matters under this Chapter 455.
D.
Changes and amendments. The Common Council may, whenever and as often
as it may deem for the public interest, and after a public hearing
as provided in § 62.23(6)(b), Wis. Stats., change or add
to the Official Map of the City so as to establish the extension lines
of planned new streets, highways, or parkways or to widen, narrow,
extend, or close existing streets, highways or parkways. The City
Clerk shall file a record of such changes in a timely manner with
the Register of Deeds.
E.
Amendments. The following ordinances amend the Official Map of the
City: Ordinance Numbers 272, 273, 675, 703, 756, 771, 775, 778, 808,
865, 897 and 898.
A.
Procedure.
(1)
The Common Council may from time to time, on its own
motion or on petition, after first submitting the proposal to the
City Planning Commission, amend, supplement or change the district
boundaries or the regulations herein or subsequently established.
Unless the Planning Commission report is made within 30 days, the
Council may take final action without it. A public hearing shall be
held following publication of a Class 2 notice, as defined by Wisconsin
Statutes, as they may be amended from time to time, of the proposed
amendment, supplement or changes and of hearing thereon.
(2)
In case of protest against such change, signed and
acknowledged by the owners of 20% or more either of the areas of land
included in such proposed amendment, supplement or change, or by the
owners of 20% or more of the area of the land immediately adjacent
extending 100 feet therefrom, or by the owners of 20% or more of the
lands directly opposite thereto extending 100 feet from the street
frontage of such opposite land, such amendment, supplement or change
shall not become effective except by the favorable vote of 3/4 of
the members of the Council.
B.
Fee for request for changes or amendments. A fee,
as set forth in the currently adopted fee schedule as amended from
time to time, shall be paid to the City Clerk upon the filing of all
petitions for amendment, supplement, change, modification or repeal
of this chapter.
The City of St. Francis Use Tables list the uses allowed within each of the zoning districts in the City of St. Francis. Each zoning district is listed along the top of the table and each use is listed in the rows. A "P" in the box indicates that a use is permitted by right in the respective zoning district. An "S" in the box indicates that a particular use is classified as a special use and is allowed only under specific conditions outlined in § 455-48. If the box is blank, it indicates that a specific use is not permitted in that zoning district. The "Use Standard" column indicates where a use-specific standard or regulation can be found within this chapter.
[1]
Editor's Note: The Use Tables are included
at the end of this chapter.
