A.
Purpose and intent. For the purposes of promoting
compatible development and ensuring adequate public facilities, site
plan and architectural plan review and approval, in accordance with
this section, are required for all persons prior to issuance of a
building permit for any new buildings and for any additions or alterations
that add 50% or more floor area to an existing building and for all
second-floor additions.
B.
Approval authority. The Aesthetic Control Board is
authorized to review all site plans and architectural plans. The Aesthetic
Control Board may approve, conditionally approve, or deny applications
regarding single-family and two-family homes; on all other matters
the Aesthetic Control Board recommends action to the Planning Commission,
which has the authority to approve, conditionally approve or deny
such applications. No permits shall be issued prior to a positive
finding from the Aesthetic Control Board. Applicants are required
to participate in a preliminary consultation as detailed below and
to provide complete application materials in the required number and
format as specified by current City standards prior to placement on
the Aesthetic Control Board agenda for consideration. Special uses
and planned unit developments are subject to Aesthetic Control Board
review in addition to all other required review and approvals.
C.
Preliminary consultation and staff review. Following
submittal of the site plan, architectural plan and supporting data,
the applicant shall meet with City staff for a preliminary consultation.
The purpose of this consultation is to have an informal discussion
of the proposed project, a review of the applicable regulations and
policies, and a discussion of the land use implications of the project.
The applicant will have the opportunity to submit plans revised in
accordance with staff direction prior to Aesthetic Control Board review.
D.
Required plan and architectural plan submittal information.
The following items shall comprise a complete site plan and architectural
plan submittal package when submitted in the number and format specified
by the City:
(1)
A statistical sheet indicating the following in square
feet, acres and percentage of the total tract, where applicable:
(a)
Gross land area.
(b)
Land covered by principal buildings.
(c)
Land covered by accessory buildings.
(d)
Land devoted to parking, drives and parking
structures.
(e)
Land devoted to landscaped open space.
(f)
Proposed dwelling unit density, if residential,
and/or total square footage devoted to nonresidential uses.
(g)
Proposed number of buildings.
(h)
Dwelling units per building.
(i)
Bedrooms per unit.
(j)
Parking spaces provided, whether surface or
in structures, and ratio per unit if residential or per thousand square
feet of building area if nonresidential.
(2)
A vicinity map showing the boundaries of the parcel
and the territory within 1,000 feet.
(3)
A plat of survey showing the parcel boundaries, including
a legal description.
(4)
A scaled plan showing existing conditions, including
buildings, trees (five-inch caliper and greater), shrub groupings,
wetlands, areas of severe topographic changes and other site features,
with an indication of whether they are to be retained, removed or
altered.
(5)
A site plan showing the location of proposed structures
and a description of their intended use and height, all open spaces,
setback dimensions, buffers, pedestrian and vehicular circulation
systems, parking lots, structures and garages (with the number of
spaces in each), loading facilities, refuse collection facilities
and all exterior lighting.
(6)
A site grading and stormwater management plan indicating
existing and proposed topography at two-foot contour intervals and
showing how positive runoff of surface waters will be achieved and
the means by which ultimate disposal of the development's surface
waters will be accomplished.
(7)
A utility plan showing the proposed location of storm
and sanitary sewers, water mains and laterals, parking and roadway
storm inlets and elevations.
(8)
Materials demonstrating that any anticipated population
increase has been accounted for in the Milwaukee Metropolitan Sewerage
District's capacity allocations.
(9)
A landscape plan showing the location, number, size
and type of all landscape and screening elements. Plant material shall
be of a quality consistent with the standards of the American Association
of Nurserymen (ANSI 260.1).
(10)
Elevations of each side of the exterior of any
new building or structure being proposed, including materials, colors
and window specifications. If the project is a rehabilitation of or
an addition to an existing building, both existing and proposed elevations
shall be provided if any exterior modification is proposed.
(11)
Scaled floor plans and building plans.
(12)
Plans showing the location, size and type of
any existing and proposed signs. Detailed information about all proposed
freestanding and wall signs, including the materials, proposed message
and exact dimensions of each sign face, shall be provided.
(13)
Pictures of the site and surrounding context.
These pictures may be submitted as photographs, printed scanned images
or in a digital format but shall not exceed 8.5 inches by 11 inches.
(14)
Materials demonstrating that all clearances
have been obtained regarding wetlands and navigable waterways, including
verification of wetland delineations, and letters from the Wisconsin
Department of Natural Resources and/or Army Corps of Engineers.
(15)
Any other materials required by the City Engineer,
Planning Commission or Aesthetic Control Board.
(16)
Payment of appropriate fee according to the
currently adopted fee schedule as amended from time to time.
E.
Lapse of site plan and/or architectural plan approval.
In the event that the project for which the site plan and/or architectural
plan approval was granted has not commenced construction within one
year or has not been completed within two years of such approval,
the approval shall lapse and there shall be no further development
or construction on the site until an extension is granted. If there
are no changes to the originally approved plan, the Common Council
may approve an extension of time without Aesthetic Control Board review;
otherwise Aesthetic Control Board review is required. Upon reapplication,
the Aesthetic Control Board may renew the plan approval as originally
granted or require changes as deemed necessary.
F.
Site plan revisions. Any major revisions to the plan
after initial approval must be approved by the Aesthetic Control Board
prior to the issuance of a building permit or continuation of further
development. Minor revisions may be approved by the City staff. The
City Zoning Administrator shall determine whether any revision is
major or minor.
A.
Special uses established. A special use is a land
use or activity that is not suited to all locations in a zoning district
but may be authorized following review and approval, provided that
it meets specific conditions set out in this chapter as well as the
chapter's general purpose.
B.
Prior existing special uses. When a use is classified
as a special use in a particular zoning district and exists as either
a permitted use or special use on the effective date of this chapter,
it shall be considered a legal use, without further action of the
Common Council, the Zoning Administrator, or the Zoning Board of Appeals.
Any proposed change in the existing operation shall be subject to
the procedures and provisions of this section. In the case where a
use is classified as a special use on the effective date of this chapter
and is no longer permitted in that district as such under the terms
of this chapter, it shall be deemed a nonconforming use. The conditions
of approval that apply to any special use established prior to the
effective date of this chapter continue to apply following its adoption.
Prior existing special uses are listed in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Approval required. Any special use listed in this
chapter shall be permitted only when authorized by the Common Council,
following a public hearing and receipt of Planning Commission recommendations.
D.
Application. Applications for a special use shall
be made to the Zoning Administrator. The following shall be provided
at the time of application:
(1)
Completed application form.
(2)
A written description of the special use, describing
its unique characteristics, and a plan of operations describing the
character of the operation in terms of its impact upon traffic facilities,
storm drainage, sewage disposal, potable water supply, hours of operation
and environmental character, with particular emphasis on control of
any possible noise, dust, odor, or other undesirable operating characteristics.
(4)
Additional information as required by the City Engineer,
Zoning Administrator, Planning Commission or the Common Council.
(5)
Payment of appropriate fee according to the currently
adopted fee schedule as amended from time to time.
E.
Review. Prior to making a recommendation to the Common
Council regarding special use approval, the Planning Commission shall
review the site, existing and proposed structures, architectural plans,
neighboring uses, parking areas, driveway locations, street access,
traffic generation and circulation, drainage, sanitary and storm sewer,
water systems, landscaping, park requirements and proposed plan of
operation in relation to the standards and considerations detailed
in this section.
F.
General standards for all special uses. No special
use permit shall be recommended or granted pursuant to this chapter
unless the applicant shall establish the following:
(1)
Chapter and Comprehensive Smart Growth Plan purposes
and intent. The proposed use and development will be in harmony with
the general and specific purposes for which this chapter was enacted
and for which the regulations of the zoning district in question were
established and with the general purpose and intent of the City of
St. Francis Comprehensive Smart Growth Plan or element thereof.
(2)
No undue adverse impact. The proposed use and development
will not have a substantial or undue adverse or detrimental effect
upon or endanger adjacent property, the character of the area, or
the public health, safety, morals, comfort, and general welfare and
will not substantially diminish and impair property values within
the community or neighborhood.
(3)
No interference with surrounding development. The
proposed use and development will be constructed, arranged, and operated
so as not to interfere with the use and development of neighboring
property in accordance with the applicable zoning district regulations.
(4)
Adequate public facilities. The proposed use and development
will be served adequately by essential public facilities and services,
such as streets, public utilities, including public water supply system
and sanitary sewer, police and fire protection, refuse disposal, public
parks, libraries, schools, and other public facilities and utilities,
or the applicant will provide adequately for such facilities.
(5)
No traffic congestion. The proposed use and development
will not cause undue traffic congestion nor draw significant amounts
of traffic through residential streets. Adequate measures will be
taken to provide ingress and egress so designed as to minimize traffic
congestion in the public streets.
(6)
No destruction of significant features. The proposed
use and development will not result in the destruction, loss, or damage
of any natural, scenic, or historic feature of significant importance.
(7)
Compliance with standards. The special use shall,
in all other respects, conform to the applicable regulations of the
district in which it is located, except as such regulations may, in
each instance, be modified by the Common Council pursuant to the recommendations
of the Planning Commission.
G.
Special standards for specified special uses. When the zoning district regulations authorize a special use in a particular zoning district and that special use is indicated as having use-specific standards, as set forth in § 455-44 or 455-45, a special use permit for such use in such zoning district shall not be recommended or granted unless the applicant shall establish compliance with all such standards.
H.
Considerations. In determining whether the applicant's
evidence establishes that the foregoing standards have been met, the
Planning Commission and the Common Council shall consider the following:
(1)
Public benefit. Whether and to what extent the proposed
use and development at the particular location requested are necessary
or desirable to provide a service or a facility that is in the interest
of the public convenience or that will contribute to the general welfare
of the neighborhood or community.
(2)
Alternative locations. Whether and to what extent
such public goals can be met by the location of the proposed use and
development at some other site or in some other area that may be more
appropriate than the proposed site.
(3)
Mitigation of adverse impacts. Whether and to what
extent all steps possible have been taken to minimize any adverse
effects of the proposed use and development on the immediate vicinity
through building design, site design, landscaping, and screening.
(4)
Establishment of precedent of incompatible uses in
the surrounding area. Whether the use will establish a precedent of,
or encourage, more intensive or incompatible uses in the surrounding
area.
I.
Conditions on special use permits. The Planning Commission
may recommend, and the Common Council may impose, such conditions
and limitations concerning use, construction, character, location,
landscaping, maintenance, screening, operation, hours of operation,
and other matters relating to the purposes and objectives of this
chapter upon the premises benefited by the issuance of a special use
permit as may be necessary or appropriate to prevent or minimize adverse
effects upon other property and improvements in the vicinity of the
subject property and upon such public facilities and services, to
provide protection of the public interest, and to secure compliance
with the standards and requirements specified in this chapter. Such
conditions shall be expressly set forth in the ordinance granting
the special use permit, and the Common Council may require the unconditional
consent of the applicant to such conditions. Violation of any such
condition or limitation shall be a violation of this chapter and shall
constitute grounds for revocation of the special use permit.
J.
Affidavit of compliance with conditions. In all cases
in which special uses are granted, the Common Council shall require
such evidence and guarantees as it may deem necessary as proof that
the conditions stipulated in connection therewith are being, and will
be, complied with. Whenever any special use permit granted pursuant
to this chapter is made subject to conditions or limitations to be
met by the applicant, the applicant shall, upon meeting such conditions,
file an affidavit with the Zoning Administrator so stating.
K.
Effect of issuance of a special use permit. The grant
of a special use permit shall not authorize the establishment or extension
of any such use nor the development, construction, reconstruction,
alteration, or moving of any building or structure but shall merely
authorize the preparation, filing, and processing of applications
for any other permits or approvals that may be required by the ordinances
and codes of the City of St. Francis, including but not limited to
building permit, certificate of occupancy, land division approval,
site plan approval, or other type of permit or approval.
L.
Limitations on special use permits.
(1)
Time limitations. Subject to an extension of time
granted by the Common Council, upon recommendation of the Planning
Commission, no special use permit shall be valid for a period longer
than one year unless a building permit is issued and construction
is actually begun within that period and is thereafter diligently
pursued to completion or unless a certificate of occupancy is issued
and a use commenced within that period.
(2)
Use discontinuance. A special use permit shall be
deemed to authorize only the particular use for which it was issued,
and such permit shall automatically expire and cease to be of any
force or effect if such use shall, for any reason, be discontinued
for a period of six consecutive months or more.
(3)
Special use permit runs with land and not the applicant.
Except when otherwise provided in the resolution granting a special
use permit, a special use permit shall be deemed to relate to, and
to be for the benefit of, the use and lot in question rather than
the applicant, owner, or operator of such use or lot.
(4)
Additions and enlargements to legal special uses.
Any additions or enlargements of an existing legally granted special
use for which a special use permit has been issued may be amended,
varied, or altered only pursuant to the procedures and subject to
the standards and limitations provided in this chapter for its original
approval.
(5)
Additions and enlargements to illegal special uses.
Any additions or enlargements of an existing illegal special use for
which a special use permit has not been issued shall not be allowed
unless the entire use is made to conform to all the regulations of
the zoning district in which it is located and pursuant to the procedures
and subject to the standards and limitations provided in this chapter.
M.
Amendments to special use permits. A special use permit
may be amended, varied, or altered only pursuant to the procedures
and subject to the standards and limitations provided in this chapter
for its original approval.
A.
Need and authority for similar use interpretations.
Where a proposed unclassified or unspecified use is similar in character
to a permitted or special use in a given district, the City Zoning
Administrator is authorized to make a similar use interpretation.
At his discretion the matter may be referred to the Common Council
for a final determination. The standards contained in this section
shall guide similar use interpretations.
B.
Considerations used in making similar use interpretations.
The following considerations shall be used to determine what category
a use is in and whether the activities are to be considered principal
or accessory uses:
(1)
The similarity of the proposed or projected use or
activity to already permitted uses and activities.
(2)
The relative amount of site area or floor space and
equipment devoted to the activity.
(3)
Relative amounts of sales from each activity.
(4)
The type of customer for each activity.
(5)
The relative number of employees in each activity.
(6)
Hours of operation.
(7)
Building and site arrangement.
(8)
Vehicles used in the activity.
(9)
The relative number of vehicle trips generated by
the use or activity.
(10)
Signage.
(11)
How the use or activity advertises itself.
(12)
Whether the use or activity is likely to be
found independent of the other uses or activities on the site.
C.
Additional standards for similar use interpretations.
(1)
No similar use interpretation shall permit any use
in any zoning district unless evidence shall be presented demonstrating
that it will comply with all applicable use standards and all other
applicable requirements and standards of this chapter.
(2)
No similar use interpretation shall permit any use
in a zoning district unless the use is similar to other uses allowed
in the zoning district and is more similar to such uses than to permitted
and special uses allowed in other zoning districts.
(3)
If the proposed use is more similar to a use allowed
only as a special use in the zoning district in which it is proposed
to be located, then any similar use interpretation permitting that
use shall require a special use permit.
D.
Effect of similar use interpretations. A similar use
interpretation finding that a particular use is a permitted or special
use in a specific district shall not automatically authorize the establishment
of such use or the development, construction, reconstruction, alteration,
or moving of any building or structure. It merely authorizes the preparation,
filing and processing of applications for any permits and approvals
that may be required by the City of St. Francis codes and ordinances
or other governmental agencies having jurisdiction. These permits
and approvals include, but are not limited to, special use permits,
building permits and certificates of occupancy.
Certificates of occupancy shall be issued in
accordance with the following provisions:
A.
When required. A certificate of occupancy shall be
required, and no building or part thereof included in this section
shall be occupied until such a permit is issued, under all the following
conditions:
(1)
For any new construction or existing construction
that is structurally altered for structures of any type.
(2)
Upon the change of occupancy, whether through sale,
lease, land contract or otherwise, for any and all structures, except
existing residential buildings that are occupied as such.
(3)
For maintaining, reviewing, changing, or extending
a nonconforming use.
B.
Compliance required. All construction or alteration
shall meet all current building and zoning codes of the State of Wisconsin
and City of St. Francis, notwithstanding the fact that they may have
been constructed in accordance with codes applicable at the time.
Failure to do so shall be cause for denial of a permit and shall constitute
violation of this chapter.
C.
Statement with application. The application for a
certificate of occupancy shall state the use that the building or
the proposed use of land or building is intended for.
D.
Records. It shall be the duty of the Zoning Administrator
to keep a record of all building permits and certificates of occupancy
issued, and copies shall be furnished on request to any person having
a proprietary or tenancy interest in the building or land involved.
F.
Denials. A certificate of occupancy shall not be issued
unless the proposed use of the building or land conforms to the applicable
provisions of this chapter and health and building laws and ordinances
or unless the building as finally constructed complies with the sketch
or plans upon which the building permit was issued.
A.
In situations where the applicant is requesting that
certain zoning restrictions be waived in order to provide equal housing
opportunities, or access to public accommodation, for a handicapped
or disabled person, the permit application shall include:
B.
A variance may be requested from the Zoning Board
of Appeals to provide relief from specified requirements of this chapter
if the following conditions are met:
(1)
The accommodation (i.e., the waiver of zoning restrictions)
that has been requested, or another less extensive accommodation,
is necessary to afford equal housing opportunity, or equal access
to public accommodations, for disabled or handicapped persons and
is the minimum accommodation that will give the handicapped or disabled
persons adequate relief.
(2)
The accommodation will not unreasonably undermine
the basic purposes that this chapter seeks to achieve.
C.
If the Zoning Board of Appeals grants a variance to
a handicapped or disabled person, or to the owner of a place of public
accommodation, that waives certain specified zoning requirements,
the findings shall state that:
(2)
Where appropriate, the Zoning Board of Appeals may
condition the approval on the building addition or other structure
(such as entrance ramps) authorized by the permit being constructed
in such a way that it can easily be removed when the handicapped or
disabled person no longer occupies the property.
(a)
If such a condition is attached to the approval,
the property owner is required by this chapter to notify the Zoning
Administrator no later than 30 days after the handicapped or disabled
person vacates the property.
(b)
In such cases, the permit shall not become effective
until the owner of the property signs an affidavit, and records it
at the office of the County Register of Deeds, that gives notice that
the building addition or other structure authorized by the permit
is only authorized for the period of time that a handicapped or disabled
person who required the structure occupies the property.
D.
In the case of nonconforming buildings, if the Zoning
Administrator determines that any portion of a building addition or
remodeling or reconstruction project is required to be allowed under
the Federal Fair Housing Act, the Wisconsin Open Housing Law or the
Americans with Disabilities Act, that portion of the project costs
shall not be counted in determining whether or not the fifty-percent
limit would be exceeded for allowable improvements to nonconforming
buildings.
