A.
Authority. Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the Village may,
by ordinance, change the district boundaries established by this chapter
and the Zoning Map incorporated herein or amend, change or supplement
the text of the regulations established by this chapter or amendments
thereto. Such change or amendment shall be subject to the review of
the Plan Commission.
B.
Initiation of changes or amendments. A change or amendment
may be initiated by the Village Board, the Plan Commission or by a
petition of one or more of the owners or lessees of property or contractual
interest within the area proposed to be changed.
C.
Petitions. Petitions for any change to the district
boundaries or amendments to the regulations shall be filed with the
Village Administrator or his/her designee and shall describe the premises
to be rezoned or the regulations to be amended, list the reasons justifying
the petition, and specify the proposed use.
D.
Recommendations. The Plan Commission shall hold a
public hearing as provided for in § 62.23(7)(d), Wis. Stats.,
and review all proposed changes and amendments within the corporate
limits and shall recommend that the petition be granted as requested,
modified or denied. The recommendation shall be made in writing to
the Village Board.
E.
Village Board's action. Following such hearing and recommendation, the Village Board shall review the recommendation and make its determination by a simple majority of a voting quorum, except in one or both circumstances listed under Subsection F.
[Amended 7-10-2018]
F.
Circumstances requiring different vote:
[Amended 3-14-2017; 7-10-2018]
(1)
Protest. In the event of a protest against amendment to the Zoning
Map, duly signed and acknowledged by the owners of 20% or more either
of the areas of the land included in such proposed change or by the
owners of 20% or more of the land immediately adjacent extending 100
feet therefrom, or by the owners of 20% or more of the land directly
opposite thereto extending 100 feet from the street frontage of such
opposite land, such changes or amendments shall not become effective
except by the favorable vote of 3/4 of the members of the Village
Board voting on the proposed amendment. In the event of protest against
amendment to the text of the regulations of this chapter, duly signed
and acknowledged by 20% of the number of persons casting ballots in
the last general election, such amendment shall not become effective
except by the favorable vote of 3/4 vote of the members of the Village
Board voting on the proposed amendment.
(2)
Down zoning. If the amendment relates to down zoning, as defined
in § 66.10015(1)(as), Wis. Stats., then approval of that
amendment shall require a 2/3 vote of the Village Board, except that
if the down zoning is requested or agreed to by all persons who own
the land(s) affected by the proposed down zoning, the down zoning
may be approved by a simple majority of the Village Board.
G.
Reapplication. Following the denial of an application
for a zoning ordinance amendment or conditional use, the property
owner may not reapply for the same zoning ordinance amendment or conditional
use of the property for a period of one year from the date the prior
application was denied by the Village Board, unless a majority of
the Plan Commission first determines that a change in circumstances
or conditions requires the Board's reconsideration.
H.
Factors for reviewing proposed amendments. In deciding
whether to adopt a proposed amendment, the Village Board shall consider
whether the proposed amendment is consistent with the goals and policies
of the Comprehensive Plan. In particular, where rezoning property,
the Village Board shall consider the following factors:
(1)
Is the requested change compatible with the existing
development pattern and the zoning of nearby properties?
(2)
Has there been a change in the circumstances upon
which the original zoning designation was based?
(3)
Have major land uses or conditions changed since the
zoning was established?
(4)
Does the current zoning or the proposed zoning better
conform to the current Comprehensive Plan?
(5)
Does the proposed use satisfy a public need?
(6)
Is the subject property physically suitable for the
zoned purpose and/or the proposed use and purpose?
(7)
Are there sites for the proposed use in existing districts
permitting such use?
(8)
Does the present development of the area comply with
existing ordinances?
(9)
Does the existing zoning impose an unreasonable hardship?
(10)
Can a reasonable economic benefit be realized
from uses in accordance with the existing zoning?
(11)
Will property values in the vicinity be affected?
(12)
Will the proposed change deter the use of adjacent
properties under the existing zoning?
(13)
Can the proposed change contribute to the redevelopment
of a deteriorated area?
(14)
Will the proposed change conflict with existing
or planned public improvements?
(15)
Will the proposed change adversely impact population
density such that the demand for schools, sewers, streets, recreational
areas and facilities and other public facilities is adversely affected?
(16)
Will the proposed change have an adverse environmental
impact on the vicinity?
(17)
Will the proposed change adversely affect the
health, safety, and welfare of the neighborhood?
(18)
Will the proposed change adversely affect the
health, safety, and welfare of the Village as a whole?
(19)
Will the proposed change adversely affect traffic
patterns or congestion?
For the purposes of this chapter, the Village
is divided into four districts, as follows:
A.
A certified copy of the Zoning Map shall be adopted
and approved with the text as part of this chapter and shall bear
upon its face the attestation of the Village President and the Village
Administrator or his/her designee and shall be available to the public
in the office of the Village Administrator or his/her designee and
Village Clerk-Treasurer.
B.
Changes thereafter to the districts shall not be effective
until entered and attested on this certified copy.
Where uncertainty exists as to the boundaries
of districts as shown on the Zoning Map, the following rules shall
apply:
A.
Boundaries indicated as approximately following the
center lines of streets, highways, or alleys shall be construed to
follow such center lines.
B.
Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following Village
boundaries shall be construed as following municipal boundaries.
D.
Where a district is bounded by a navigable body of
water, the regulations and restrictions which apply upon the uplands
are intended to apply also to the adjacent riparian rights.
E.
Boundaries indicated as parallel to or extensions
of features indicated in the preceding subsections shall be so construed.
Distances not specifically indicated on the Zoning Map shall be determined
by the scale of the map.
A.
Purpose.
(1)
The "A" Residence District is established to protect,
promote, and maintain the development of single-family detached housing
and limited public and institutional uses that are compatible with
the surrounding residential neighborhood. The development standards
and range of allowable uses for this district are designed to maintain
a suitable environment for family living at the low density of development
characteristic of the current pattern of development in the district,
which consists of large lots with abundant open space.
(2)
All proposed development, redevelopment, renovation,
remodeling or other physical alteration of site or structures within
the Village shall be in conformance with design review standards.
These standards shall be derived as a function of neighboring properties,
including properties across a public street, and shall be limited
by the range of values for height, setbacks, site coverage, impervious
surfaces and landscape coverage, excluding existing nonconforming
uses. Where any regulatory statements are in conflict, the more restrictive
standard shall apply.
B.
Use regulations. In the "A" Residence District, no
structure or land shall be used and no structure shall be hereafter
erected or structurally altered, except for the following uses:
(1)
Single-family dwellings.
(2)
Home occupations.
(3)
Miscellaneous structures approved by the Building
Board as being incidental to the main permitted use and deemed when
constructed or used as not being unreasonably detrimental to the neighboring
properties or the Village in terms of use, appearance, materials,
design and location.
(4)
Village park and recreational areas.
C.
Height regulations. In the "A" Residence District,
no building shall be hereafter erected or structurally altered to
exceed 35 feet in height (see definition of "height" for determination
of measurement).[1]
D.
Area regulations.
(1)
Where the rear of a lot abuts upon a public street,
no structure shall be placed nearer to the rear lot line than the
distance between the building line and the rear line of the lot as
shown on the Zoning Map.
(2)
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projection
of sills, belt courses, chimneys, flues, buttresses, ornamental features
and eaves, provided that none of such projections shall project into
a minimum side yard more than 1/4 of the width of such yard or in
any case more than 24 inches.
(3)
An accessory building not over 15 feet in height may
occupy not more than 30% of the area of a required rear yard, but
no accessory building, other than a boathouse or boat shelter, shall
be located within five feet of any lot line.
(4)
Parking spaces that are in locations other than in
a driveway cannot be directly in front of a dwelling structure on
the front side of the lot, or between the side of the house and the
street on a corner lot, or in the front setback except in the driveway.
(5)
Front yard. On every lot in the "A" Residence District
there shall be a front yard having a depth of not less than the distance
between the building line and the front line of the lot as shown on
the Zoning Map, provided that for lots where no building line is shown
on the Zoning Map the depth of the front yard shall not be less than
40 feet.
(6)
Side yard.
(a)
On every lot in the "A" Residence District there
shall be two side yards, one on each side of the principal building.
Neither of such side yards shall be less than seven feet in width,
and the total width of such two side yards shall not be less than
22 1/2 feet; provided, however, that on any lot of record or under
contract of purchase on June 11, 1946, having a width of less than
75 feet at the building setback line, the minimum total width of the
two side yards shall be 22 1/2 feet less 1/2 foot for each foot such
lot is less than 75 feet in width, but neither of such side yards
shall be less than seven feet in width in any case. As of February
13, 1996, the minimum total width of the two side yards of any lot
having a width of more that 75 feet at the building setback line shall
be 22 1/2 feet plus three inches for each foot such lot is greater
than 75 feet in width. The additional three inches for each foot such
lot is greater than 75 feet in width shall be added to the smaller
side yard.
(b)
The side yard regulation in Subsection D(6)(a) shall apply to all lots, except that no street side yard shall have a width less than the distance between the building line and the side of the lot as shown on the Zoning Map, provided further that for lots where no building line is shown on the Zoning Map the width of the street side yard shall not be less than 25 feet, provided that on corner lots no accessory building or miscellaneous structures shall be closer to the side street line than the setback applicable to the lot at the rear of such corner lot.
(7)
Rear yards; non-lake lots. On every lot in the "A"
Residence District which does not abut upon Lake Mendota there shall
be a rear yard having a depth of not less than 20% of the depth of
the lot, provided that such rear yard need not exceed 50 feet in depth
and shall not be less than 25 feet in depth.
(8)
Rear building line; lake lots. On every lot in the "A" Residence District which abuts upon Lake Mendota there shall be a rear building line as shown on the Zoning Map. No main building, accessory building or miscellaneous structure (other than a boathouse or boat shelter, or a swimming pool as permitted in § 225-46) shall be constructed, reconstructed or structurally altered between such rear building line and the shore of Lake Mendota, nor shall any change be made in the property so as to alter, deface, obliterate or add to by filling the surface of the property or the shoreline or the face of any promontory or bluff. No boathouse or boat shelter shall be erected, reconstructed or structurally altered between the rear building line and the shoreline of Lake Mendota unless the Building Board shall first determine that the boathouse or boat shelter will not unreasonably impair the view of the lake from the neighboring properties. In no case shall any such boathouse or boat shelter exceed 15 feet in height.
[Amended 8-11-2020]
(9)
Lot area. Every lot in the "A" Residence District
not of record or under contract of purchase on June 11, 1946, or thereafter
sold by metes and bounds shall have an area of not less than 11,000
square feet, and no such lot shall be less than 100 feet wide at the
building line.
(10)
Building area. No lot in the "A" Residence District
shall have a building area in excess of 25% of the lot area. (See
also FAR; whichever is more restrictive applies.)
(11)
Impervious surface: 40% maximum coverage.
(12)
FAR: see the table included at the end of this
article.
A.
Purpose.
(1)
The "B" Residence District is established to protect,
promote, and maintain the development of single-family detached housing
and limited public and institutional uses that are compatible with
the surrounding residential neighborhood. The development standards
and range of allowable uses for this district are designed to maintain
a suitable environment for family living at the low density of development
characteristic of the current pattern of development in the district.
(2)
All proposed development, redevelopment, renovation,
remodeling or other physical alteration of site or structures within
the Village shall be in conformance with design review standards.
These standards shall be derived as a function of neighboring properties,
including properties across a public street, and shall be limited
by the range of values for height, setbacks, site coverage, impervious
surfaces and landscape coverage, excluding existing nonconforming
uses. Where any regulatory statements are in conflict, the more restrictive
standard shall apply.
C.
Height regulations. The height regulations herein
above prescribed for the "A" Residence District shall also apply to
the "B" Residence District.
D.
Area regulations.
(1)
Where the rear of a lot abuts upon a public street,
no structure shall be placed nearer to the rear lot line than the
distance between the building line and the rear line of the lot as
shown on the Zoning Map.
(2)
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projection
of sills, belt courses, chimneys, flues, buttresses, ornamental features
and eaves, provided that none of such projections shall project into
a minimum side yard more than 1/4 of the width of such yard or in
any case more than 24 inches.
(3)
Parking spaces that are in locations other than in
a driveway cannot be directly in front of a dwelling structure on
the front side of the lot, or between the side of the house and the
street on a corner lot, or in the front setback except in the driveway.
(4)
Front yards. On every lot in the "B" Residence District
there shall be a front yard having a depth of not less than the distance
between the building line and the front line of the lot as shown on
the Zoning Map, provided that where no building line is shown on the
Zoning Map the depth of the front yard shall not be less than 40 feet.
(5)
Side yards.
(a)
On every lot in the "B" Residence District there
shall be two side yards, one on each side of the main building. Neither
of such side yards shall be less than six feet in width, and the total
width of such two side yards shall not be less than 14 feet.
(b)
The side yard regulations in Subsection D(5)(a) above shall apply to all lots, except that no street side yard shall have a width less than the distance between the building line and the side of the lot as shown on the Zoning Map, provided further that for lots where no building line is shown on the Zoning Map the width of the street side yard shall not be less than 15 feet.
(6)
Rear yards. On every lot in the "B" Residence District
there shall be a rear yard having a depth of not less than 20% of
the depth of the lot, provided such rear yard need not exceed 40 feet
in depth and shall not in any case be less than 25 feet in depth.
(7)
Lot area. Every lot in the "B" Residence District
not of record or under contract of purchase on May 3, 1937, shall
have an area of not less than 6,500 square feet, and no such lot created
on or after July 1, 1995, shall be less than 75 feet wide as measured
at the street side building line. Any new lakefront lots shall have
a minimum width of 100 feet.
(8)
Building area. No lot in the "B" Residence District
shall have a building area in excess of 30% of the lot area. (See
also FAR; whichever is more restrictive applies.)
(9)
Impervious surface: 40% maximum coverage.
(10)
FAR: see the table included at the end of this
article.
[Amended 6-10-2014; 4-11-2017]
A.
Purpose. The "A" Business District is intended to be a limited local
business district to provide for the day-to-day consumer services
and goods that are necessary to serve a residential area. High-traffic-generating
and traffic-oriented uses are restricted because of their undesirable
influence on adjacent residential areas.
B.
Use regulations.
(1)
Permitted uses. In the "A" Business District, the following uses
are permitted, subject to all terms of this Code: Any of the following
retail and customer service establishments: retail stores and services
conducted wholly within enclosed buildings and devoted to supplying
neighborhood needs, including but not limited to grocery stores, drugstores,
hardware stores, barber and beauty shops, movie houses, book stores,
veterinary clinics and any similar use are subject to the determination
of the Plan Commission.
(2)
Conditional uses. The following land uses shall be the only conditional
uses allowed in the "A" Business District, subject to all terms of
this Code:
(a)
Banks, service businesses or professional offices.
(b)
Medical or dental clinics in which one or more physicians and/or
dentists and/or their allied professional assistants are associated
for the purpose of carrying on their professions. The clinic may include
an accessory dental or medical laboratory but shall not include inpatient
care.
(c)
Multifamily residences.
(d)
Taverns, liquor stores or other establishments selling intoxicating
liquors or fermented malt beverages (by the drink or otherwise).
(e)
Establishments for the sale of gasoline and/or other petroleum
products and/or automotive repairs and maintenance.
(f)
Any retail or customer service establishment, if the hours of
operation extend outside of 7:00 a.m. to 10:00 p.m. on any day.
(g)
Accessory buildings and uses and miscellaneous structures approved
by the Building Board as being incidental to the primary permitted
use and deemed when constructed or used as not being detrimental to
the neighboring properties or the Village in terms of use, appearance,
materials, design and location.
(3)
Prohibited uses. Notwithstanding any provision to the contrary contained
in this Code, the following uses are expressly excluded in the "A"
Business District:
(a)
Wrecker services, junkyards, mini-warehouses, open/outdoor storage.
(b)
Adult bookstores. For the purpose of this chapter, "adult bookstore"
is defined as any establishment which sells or loans, for monetary
consideration, as a significant part of its business, any of the following
materials: books, pamphlets, magazines, printed matter, verbal descriptions,
narrative accounts, pictures, photographs, drawings, sculptures, motion-picture
films or other visual representations or images depicting human nudity
and sexual conduct. "Nudity" is defined as the showing of the human
male or female genitals, pubic area or buttocks with less than a full
opaque covering. "Sexual conduct" is defined as acts of sexual intercourse
between humans, normal or perverted, actual or simulated, and acts
of sexual perversion mentioned in § 944.17, Wis. Stats.
(c)
Retail establishments selling large and heavy products which
involve substantial trucking, such as furniture and major electrical
appliances.
C.
Building and site development standards.
(1)
New or expanded buildings. The construction of any new building, or the expansion of the floor area of any existing building, shall require a conditional use permit regardless of the intended use. All requirements of Article IX shall be met.
(2)
Height regulations. No building shall be erected or structurally
altered to exceed 40 feet in height.
(3)
Minimum required yards. Except where the Village Board may establish
different yards (setbacks) by conditional use permit, the following
are the minimum required yards for each structure constructed after
March 1, 2017, and for the expanded portion of any structure expanded
after March 1, 2017:
(a)
For principal buildings:
[1]
Street yard: none, for buildings exclusively with a nonresidential
use; five feet, for buildings with a residential use. The Village
Board may require greater street yards at intersections where necessary
to assure proper traffic visibility.
[2]
Non-street side yard: five feet, except per Subsection C(3)(a)[4] and for buildings where a common party fire wall is approved by the Building Inspector.
[3]
Rear yard: five feet, except per Subsection C(3)(a)[4].
[4]
Any side or rear yard abutting a residence district: 12 feet,
except the setback for any part of a third building story or greater
shall be 20 feet.
(c)
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projection
of sills, belt courses, chimneys, flues, buttresses, ornamental features
and eaves, provided that none of such projections shall project into
any yard more than 24 inches.
(4)
Minimum lot area per dwelling unit. Every building with a residential
use shall be provided with a lot area not less than 1,250 square feet
per dwelling unit.
(5)
Maximum floor area ratio (FAR): 100% maximum coverage.
[Amended 6-10-2014]
A.
Purpose. The purpose of the district is to recognize a major land
use category and pattern of development that exists within the Village.
The district is to provide for the development and protection of various
community facilities. In general, community facilities provide open
space, governmental and recreational services to the community. All
uses of the district shall be subject to design regulations of this
chapter.
C.
Conditional uses. The following land uses shall be the only conditional
uses allowed in the Land Conservancy District:
(1)
Marinas.
(2)
Golf courses (accessory buildings and miscellaneous structures and
uses customarily incident to the operation of a golf club, including
the construction and operation of tennis courts and a swimming pool).
(3)
Miscellaneous structures approved by the Building Board as being
incidental to the principal use and deemed as not being detrimental
to adjacent properties or the Village in terms of use, appearance,
materials, design, and location.
D.
Height regulations. Maximum building height shall be 40 feet or three
stories.
G.
Area regulations. The setback line on all property of the Maple Bluff
Golf Course shall be shown on the Zoning Map, namely a setback of
150 feet on all sides of the property, except that no setback is required
bordering the railroad tracks and only 75 feet is required as a setback
from the center of Kensington Drive on a line parallel to the north
line of the Lot 1 Golf Subdivision to a point 150 feet west of the
extended west line of Lot 1.
[Added 5-8-2007]
A.
Purpose of PUD District.
(1)
The PUD planned unit development district ("PUD
District") is established to encourage, promote and provide improved
environmental design in the Village by allowing for greater freedom,
imagination and flexibility in the development of land, while ensuring
substantial compliance with the basic intent of this chapter and the
general plan for community development. To this end, the PUD District
allows diversification and variation in the relationship of uses,
structures, open spaces and heights of structures in developments
conceived and implemented as comprehensive and cohesive unified projects.
It is further intended to encourage more rational and economic development
with regard to public services and to encourage and facilitate preservation
of open land.
B.
General requirements.
(1)
Design Zones. Design Zones for the Village are
hereby established to ensure that developments within these zones
are compatible with the policies of the Master Plan and the general
development plans for the zones, as established by the Village from
time to time. Only areas that are contained in the Design Zones may
be placed within a PUD District. There are hereby established the
following Design Zones:
(a)
Design Zone 1: the area of the Village bounded
on the south by Commercial Avenue, on the east and northeast by the
Chicago & Northwestern Transportation Company railroad right-of-way,
and on the west by Sherman Avenue. Such Design Zone is shown on Exhibit
1.[1]
[1]
Editor's Note: Exhibit 1 is on file in the
office of the Village Clerk.
(2)
Lot area, lot width, height, floor area ratio,
yard and usable open space requirements. In the PUD District there
shall be no predetermined specific lot area, lot width, height, floor
area ratio, yard and usable open space requirements, but such requirements
as are made a part of an approved recorded specific implementation
plan shall be, along with the general development plan itself, construed
to be and enforced as part of this section.
(3)
Off-street parking. In the PUD District, off-street parking facilities shall be provided in accordance with applicable regulations as herein set forth in Article XII below (i.e., § 225-67 et seq.) and such requirements as are made a part of an approved recorded specific implementation plan shall be, along with the general development plan itself, construed to be and enforced as a part of this section.
(4)
Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted in the PUD District, subject to the criteria as established in Subsection D below, and provided such uses are identified in the approved and recorded specific implementation plan and the general development plan.
(5)
Conditional uses. Any use allowed as a conditional use in any of the other districts of this chapter may be allowed in the PUD District, subject to the criteria as established in Subsection D, and provided such uses and any conditions or requirements attached to such uses are identified in the approved and recorded specific implementation plan and the general development plan.
C.
Procedural requirements.
(1)
Preapplication conference. Prior to the official
submission of a petition for the approval of a PUD District, the owner
or the owner's agent shall meet with the Plan Commission or its staff
to discuss the scope and proposed nature of the contemplated development.
(2)
Petition for rezoning approval. Following the preapplication conference, the owner or the owner's agent may file a petition with the Zoning Administrator for approval of a zoning change to the PUD District. Such petition shall be accompanied by payment of a PUD review fee as specified in § 225-83 of the Code. The procedure for rezoning to a PUD District shall be as required for any other zoning district change as set forth under § 225-36 of the Code, except that, in addition thereto, the following information shall be filed by the applicant with the Zoning Administrator with the petition for rezoning:
(a)
Informational statement. A petition for a zoning
change to the PUD District shall be accompanied by an informational
statement that sets forth the following information:
[1]
Total area to be included in the PUD, area of
open space, residential density, proposed number and type of dwelling
units, projected population, availability of or requirements for municipal
services and other similar data pertinent to a comprehensive evaluation
of the proposed development.
[2]
A general outline of the organizational structure
of a property owners' or management's association, which may be proposed
to be established for the purpose of providing any necessary private
services.
[4]
The expected date of commencement of physical
development as set forth in the proposal and also an outline of any
development staging which is planned.
(b)
General development plan. A petition for a zoning
change to the PUD District shall be accompanied by a draft general
development plan which shall include the following information:
[1]
A legal description of the boundaries of the
subject property included in the proposed PUD District.
[2]
An accurate site plan showing the boundaries
of the subject property that includes the location of the proposed
buildings, landscaping, public and private roads, driveways, sidewalks
and parking facilities.
[3]
Adequate information to present the relationship
of the proposed improvements to surrounding properties which shall
include photographs and the locations of existing buildings located
within 300 feet of the site.
[4]
Schematic architectural plans showing the character
of the proposed buildings.
[5]
Schematic floor plans that are adequate to demonstrate
the intended use of the buildings.
(3)
Plan commission review. Upon submission of the petition and the general development plan, and provided the Plan Commission determines that the petition and plan are complete and contain the information required above, the Plan Commission may refer the general development plan to the Building Board for review and recommendation. The Building Board shall, within 30 days after the date of the referral, make its recommendation, if any, on the general development plans to the Plan Commission. If no such recommendation is made, the general development plan shall be deemed approved by the Building Board. Following receipt of the recommendation, if any, from the Building Board, the Plan Commission shall hold a public hearing on the application, the general development plan and the recommendation, if any, of the Building Board as provided for in § 225-36D; and thereafter recommend to the Village Board that the petition and plan (i) be approved as submitted; (ii) approved with modifications and/or conditions; (iii) referred for further consideration; or (iv) be disapproved. In considering the petition and plan, the Plan Commission shall apply the criteria set forth in § 225-43.1D below.
(4)
Village Board authorization. Upon receipt of
the recommendation of the Plan Commission, the Village Board may take
such action thereon as it deems reasonable and appropriate. If the
petition and general development plan are approved, said plan shall
establish the basic right for use of the lands in conformity with
the plan as approved; but such plan shall be conditioned upon approval
of a specific implementation plan and shall not make permissible any
of the uses as proposed until a specific implementation plan is submitted
and approved for all or a portion of the general development plan.
(5)
Recording. Upon final approval of the application
and adoption of a zoning change to the PUD District by the Village
Board, the general development plan, as approved, shall be recorded
by the developer within 10 days in the Dane County register of deeds'
office. Detailed construction and engineering plans need not necessarily
be completed at the time the zoning is approved, but the approval
and recording of such plan shall be conditioned upon the subsequent
submittal, approval and recording of more specific and detailed plans
as the development progresses.
D.
Basis for approval. In reviewing a PUD District application
to the Plan Commission and Village Board, the following criteria shall
be applied to the application for such district with specific consideration
as to whether or not it is consistent with the purpose of this chapter,
whether or not it is consistent with the policies of the Village Comprehensive
Plan, whether or not it has been prepared with professional advice
and guidance, and whether or not it produces significant benefits
in terms of environmental design:
[Amended 7-10-2018]
(1)
Character and integrity of land use. In a PUD
District, the uses proposed and their intensity and arrangement on
the site shall be of a visual and operational character which:
(a)
Are compatible to the physical nature of the
site and surrounding land uses.
(b)
Would produce an attractive environment of sustained
aesthetic and ecological desirability, economic stability, and functional
practicality compatible with the general development plans for the
area as established by the Village.
(c)
Would not adversely affect the anticipated provision
for municipal services.
(d)
Would not create a traffic or parking demand
incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents
of a PUD District application shall provide evidence satisfactory
to the Plan Commission and Village Board of its economic feasibility,
of available adequate financing, and that it would not adversely affect
the economic prosperity of the Village or the values of surrounding
properties.
(3)
Engineering design standards. The width of street
rights-of-way, width of paving, width and location of street or other
paving, outdoor lighting, location of sewer and water lines, provision
for stormwater drainage or other similar environmental engineering
consideration shall be based on standards necessary to implement the
specific function in the specific situation; provided, however, in
no case shall standards be less than those necessary to ensure the
public safety and welfare as determined by the Village Engineer.
(4)
Preservation and maintenance of open space.
In a PUD District, adequate provisions shall be made for the permanent
provision and maintenance of open space either by private reservation
or dedication to the public.
(a)
For private reservation, the open area to be
reserved shall be protected against building development by conveying
to the Village as part of the conditions for project approval an open
space easement over such open areas, restricting the area against
any future building or use except as consistent with that of providing
landscaped open space for the aesthetic and recreational satisfaction
of the surrounding residences. Buildings or uses for noncommercial,
recreational, or cultural purposes compatible with the open space
objective may be permitted only where specifically authorized as part
of the general development plan or, subsequently, with the express
approval of the Village Board following approval of building, site,
and operational plans by the Plan Commission.
(b)
The care and maintenance of such open space
reservations shall be assured by establishment of appropriate management
organization(s) for the project. The manner of assuring maintenance
and assessing such cost to individual properties shall be included
in any contractual agreement with the Village and shall be included
in the title to each property.
(c)
Ownership and tax liability of private open
space reservations shall be established in a manner acceptable to
the Village and made a part of the conditions of the plan approval.
(5)
Implementation schedule. The proponent(s) of a PUD District
shall submit a reasonable schedule for the implementation of the development
to the satisfaction of the Village Board, including suitable provisions
for assurance that each phase shall be brought to completion in a
manner that would not result in an adverse effect upon the Village
as a result of termination at that point. The Plan Commission and
Village Board, in making their respective recommendation and determination,
shall consider the reasonableness of the proposed construction schedule
and any staging plan for the physical development of the proposed
PUD.
(6)
Residential PUD considerations. The Plan Commission
and the Village Board, in making their respective recommendation and
determination as to a proposed residential PUD, shall further consider
whether:
(a)
Such development will create an attractive residential
environment of sustained desirability and economic stability, including
structures in relation to terrain, consideration of safe pedestrian
flow, ready access to recreation space, and coordination with overall
plans for the Village.
(b)
The total net residential density within the
PUD will be compatible with the Village Master Plan or components
thereof, and shall be compatible with the density of the neighborhood
wherein located.
(c)
Provision has been made for the installation
of adequate public facilities and the continuing maintenance and operation
of such facilities if privately owned.
(d)
Provision has been made for adequate, continuing
fire and police protection.
(e)
The population density of the development will
have an adverse effect upon the community's capacity to provide needed
municipal service facilities.
(f)
Adequate guarantee is provided for permanent
preservation of open space areas as shown on the general development
plan either by private reservation and maintenance or by dedication
to the public.
(7)
Commercial PUD considerations. The Plan Commission
and Village Board, in making their respective recommendation and determination
as to a proposed commercial PUD, shall further consider whether:
(a)
The economic feasibility of the proposed development
can be demonstrated.
(b)
The proposed development will be adequately
served by off-street parking and truck service facilities in accordance
with this Code.
(c)
The proposed development shall be adequately
provided with and shall not impose any undue burden on public services
and facilities such as fire and police protection, street maintenance,
water, sanitary sewer and stormwater drainage, and maintenance of
public areas.
(d)
The locations of entrances and exits have been
designated to prevent unnecessary interference with the safe and efficient
movement of traffic on surrounding streets and that the development
will not create any adverse effect upon the general traffic pattern
of the surrounding neighborhood.
(e)
The architectural design, landscaping, control
of lighting and general site development will result in an attractive
and harmonious service area compatible with and not adversely affecting
the property values of the surrounding neighborhood.
(8)
Mixed-use PUD considerations. The Plan Commission
and Village Board, in making their respective recommendation and determination
as to a proposed mixed-use PUD (i.e., commercial and residential),
shall further consider whether:
E.
Specific implementation plan.
(1)
After approval and recording of the general
development plan and the zoning change to the PUD District, the applicant
shall file a specific implementation plan with the Plan Commission,
through the Zoning Administrator. Unless and until a specific implementation
plan has been approved by the Village Board and recorded, no building
permit shall be issued for any construction within the PUD District.
Specific implementation plan(s) shall include the following information:
(a)
A precise description of the type, number and
size of dwelling units, a description of the type and amount of square
feet devoted to commercial uses, the estimated number of employees,
and character and volume of truck and automobile traffic generated
from the site.
(b)
A detailed site plan of the development showing
the location of all buildings, pavement areas, signs, and outdoor
lighting.
(c)
A final plat or certified survey map (as determined
by the Plan Commission) of the entire development area showing detailed
lot layout and the intended use of each lot or parcel of land, public
dedications, public and private streets, driveways, walkways, and
parking facilities.
(d)
A detailed landscape plan showing the location
and treatment of open space areas and the location, species, and size
of landscape material.
(e)
Complete architectural drawings and sketches
setting forth the design and character of the structures, including
elevation drawings of all buildings, and the floor areas. In residential
PUDs with single-family homes, the Plan Commission may approve site
and architectural design guidelines contained within a declaration
of covenants, deed restrictions, or other similar document, in lieu
of reviewing the plans for each individual single-family residence.
The Plan Commission may refer the architectural drawings and sketches
to the Building Board for review and recommendation. The Building
Board shall, within 30 days after the date of referral, make its recommendation,
if any, on such drawings and sketches to the Plan Commission. If no
such recommendation is made, the drawings and sketches shall be deemed
approved by the Building Board.
(f)
Location of all existing and proposed public
and/or private utility installations, including but not limited to
sewer, water and stormwater facilities.
(g)
A detailed grading plan.
(h)
Stormwater management plan.
(i)
A development schedule indicating:
[1]
The approximate date when construction of the
project can be expected to begin;
[2]
The stages in which the project will be built
and the approximate date when construction of each stage can be expected
to begin;
[3]
The anticipated rate of development; and
[4]
The approximate date when the development of
each of the stages will be completed.
(j)
Characteristics of soils related to contemplated
specific uses.
(k)
Existing topography on the site with contours
at no greater than two-foot intervals.
(l)
Agreements, bylaws, provisions, or covenants
that govern the organizational structure, use, maintenance and continued
protection of the PUD District and any of its common services, open
areas or other facilities.
(m)
Any other plans, documents or schedules required
by the Plan Commission or Village Board.
(n)
If the development is to be staged, a staging
plan.
(o)
A plan showing how the entire development can
be further subdivided in the future.
(p)
If the site has any environmental contamination,
the approved plan of remediation therefor.
(2)
Upon submission of the specific implementation plan(s), the Plan Commission shall review the same to determine if the plan(s) is in compliance with the approved general development plan and applicable provisions of this § 225-43.1. The Plan Commission shall hold a public hearing thereon. The Plan Commission shall thereafter recommend to the Village Board that the specific implementation plan(s) be (i) approved as submitted; (ii) approved with modification and/or conditions; (iii) referred for further consideration; or (iv) disapproved.
(3)
Upon receipt of the recommendation of the Plan
Commission, the Village Board may take such action as it deems reasonable
and appropriate. If the specific implementation plan is so approved
it shall be recorded at the Dane County Register of Deeds office within
30 days thereafter by the developer.
F.
Development agreement. Before any building permit
shall be issued in a PUD District, the applicant and the owner shall
enter into an appropriate agreement with the Village to guarantee
the implementation of the planned unit development according to the
terms and conditions established as a part of the general development
plan and the specific implementation plan. The Village shall have
the right, if deemed appropriate, to require the inclusion of performance
bonds or other security deemed satisfactory to the Village attorney.
G.
Amendment of general development plans or specific implementation plans. Under this § 225-43.1, any subsequent change of use of any lot or parcel of land or addition or modification of the general development plan(s) or specific implementation plan(s) shall first be submitted for approval to the Plan Commission; and if, in the opinion of the Plan Commission, such change or modification constitutes a substantial alteration of the original plans, the procedures described in § 225-43.1C(2), (3), (4) and (5) and E shall be followed before the use is changed or the plans modified.
H.
Building permits. Once a development agreement has been entered into with the Village pursuant to § 225-43.1F above, and provided the specific implementation plan is recorded at the Dane County Register of Deeds Office, building permits may be issued in the PUD District. The provisions of § 225-20 of this Code are not applicable to construction within the PUD District.
I.
Delayed effective dates; construction required. In the event that
a specific implementation plan is not approved by the Village Board
within five years following the date of the Village Board's last approval
of the general development plan, then in such event, no PUD District
shall be effective therefor and the prior zoning district for the
subject property shall continue in effect. Within five years following
Village Board approval of the specific implementation plan, the basic
right of use for the areas, when in conformity with such approved
plan, shall lapse and be null and void unless the project, as approved,
is commenced by the issuance of a building permit. If said building
permit once issued, expires in accordance with the provisions of this
Code, with no completed construction having occurred, then a new petition
and approval process shall be required to obtain a specific implementation
plan approval.
[Amended 7-10-2018]