Fox Point Village City Zoning Code
§ 745-20
F Institutional District.
[Amended 3-12-2013 by Ord. No. 2013-01]
In the F Institutional District, no building or premises shall be used, nor shall any building be constructed or enlarged, and no exterior alterations shall be made to an existing building which is arranged, intended, or designed to be used for any purpose except in conformity with the following.
A.
Permitted uses. The following uses are permitted in the F Institutional District, subject to the limitations and conditions of Subsection B below.
(1)
Dwelling and residential uses accessory thereto as and when permitted in a B Residence District.
(2)
Buildings and adjoining grounds for:
(a)
Schools and municipal purposes, including storage yards;
(b)
Church services, exclusive of graveyards;
(c)
Social clubs or lodges, except those the chief activity of which is a service customarily carried on as a business;
(d)
Community recreational, cultural and social service purposes operated on a not-for-profit basis; and
(e)
Including accessory uses incident to and reasonably necessary for the furtherance of any of the above permitted uses.
(3)
Convalescent or nursing homes or similar institutions for the accommodation of the aged or infirm.
B.
Limitations, conditions and procedure.
[Amended 9-20-2023 by Ord. No. 2023-04]
(1)
Written application for the use, construction or enlargement of premises or a building or for exterior alterations to an existing building shall be made to the Plan Commission, accompanied by such building plans, sketches, renderings, and site plans as the Plan Commission determines reasonably necessary to form an opinion. A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing the application.
(2)
The Plan Commission shall study such application and make its report to the Village Board advising the Village Board whether or not the Plan Commission considers that the standards have been met. The standards to be applied are:
(3)
If the Plan Commission reports that in its opinion any one or more of the above standards have not been met, and the Village Board on motion duly adopted agrees with this report, then the application shall be considered denied.
(4)
If the Plan Commission reports that in its opinion the above standards have been met, or if the Plan Commission has reported that in its opinion any one or more of the above standards have not been met and the Village Board has not agreed with the report of the Plan Commission, then the Village Board shall schedule a public hearing on the application.
(5)
Notice of such public hearing shall be given by publication at least once in the official newspaper of the Village and by mailing a copy of such notice to all property owners who own land abutting on the site or across a street from the site, not less than five days' prior to the hearing. Mailing shall be to the last known address of the respective property owners as appears from the records of the Village.
(6)
If after such public hearing it shall appear to the Village Board that the standards above set forth have been met, the application shall be approved; otherwise, it shall be denied.
(7)
The Plan Commission may recommend and the Village Board (whether or not recommended by the Plan Commission) may condition its approval upon the compliance with such requirements as appear reasonably necessary to ensure compliance with the above standards.
C.
Exceptions. No review pursuant to Subsection B is required in the following limited circumstances:
(1)
For an alteration to the interior of an existing building or structure.
(2)
For an alteration to an existing building, structure or premises, if all of the following conditions are met:
(a)
The use has been approved by prior action of the Village Board;
(b)
The approved use will not change as a result of the alteration;
(c)
The total cost of the alteration as defined in Chapter 756, Building Construction, of this Code is $5,000 or less; and
(d)
No prior alterations have been made since the date of the Village Board's approval of the use.
D.
Regulation. In an F Institutional District, no building may be erected or enlarged, and no exterior alterations shall be made to an existing building, except in conformity with the following:
(2)
Off-street parking areas shall be provided for nonresidential buildings subject to the following:
(a)
At least 117 square feet of parking area shall be provided for each seat on the basis of the posted or (in the case of proposed construction) the proposed seating capacity for a church, club, lodge, or hall for assembly. The parking square footage includes the area used for parking stalls and the driving areas between and at the end of rows of parking areas; it excludes the driveways leading into the parking area from streets, structures, other parking areas, etc. The dimensions for parking spaces and aisles shall be as follows:
[1]
Ninety-degree-angle parking, two-way traffic: stalls nine feet by 19 feet; aisles 25 feet wide.
[2]
Sixty-degree-angle parking, one-way traffic: stalls nine feet by 21 feet; aisles 18 feet wide.
[3]
Forty-five-degree-angle parking, one-way traffic: stalls nine feet by 20 feet; aisles 14 feet wide.
[4]
Ninety-degree-angle parking, one-way traffic: stalls nine feet by 19 feet; aisles 22 feet wide.
(b)
In order to eliminate daily on-street parking around areas in which children are present and to eliminate on-street parking and loading of school buses, the following rules are adopted:
[1]
One parking space for employees, including teachers (part- and full-time), administrators (part- and full-time), and support staff (part- and full-time);
[2]
One and one-half parking spaces shall be provided per classroom to allow for visitor parking;
[3]
One space shall be provided for every five students 16 years and older;
[4]
Sufficient off-street parking spaces shall be provided for the safe and convenient loading and unloading of students as determined by the Director of Public Works/Village Engineer and Police Department based on the following criteria:
[6]
The parking square footage includes the area used for parking stalls and the driving areas between and at the end of rows of parking areas; it excludes the driveways leading into the parking area from streets, structures, and other parking areas, etc.;
[7]
The dimensions for parking spaces and aisles shall be as follows:
[a]
Ninety-degree-angle parking, two-way traffic: stalls nine feet by 19 feet; aisles 25 feet wide.
[b]
Sixty-degree-angle parking, one-way traffic: stalls nine feet by 21 feet; aisles 18 feet wide.
[c]
Forty-five-degree-angle parking, one-way traffic: stalls nine feet by 20 feet; aisles 14 feet wide.
[d]
Ninety-degree-angle parking, one-way traffic: stalls nine feet by 19 feet; aisles 22 feet wide.
(c)
Such off-street parking area shall be surfaced and maintained reasonably dustless in accordance with standards prescribed by the Director of Public Works/Village Engineer and shall be adequately lighted when in use.
(d)
No portion of the parking area or of any driveway shall be closer than 15 feet to an adjoining residence district or the lot line of any lot on which there is an existing residence as of May 6, 1958, or closer than five feet to any street, or closer than 10 feet to any lot line, provided that by written mutual consent and agreement of owners of adjoining nonresidential property filed with the Building Inspector, this ten-foot setback may be reduced or eliminated, and no setback is required where a lot line abuts on property on which a railroad track is maintained.
(e)
Where offset areas are required by Subsection D(2)(d) above, such areas shall be landscaped and kept free from refuse and debris, and screening provided in conformity with the following:
[1]
Such screening shall be of such nature as to attractively and effectively screen from ordinary view the parking area and shall be subject to the approval of the Director of Public Works/Village Engineer.
[2]
If the screening is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such plant varieties as to provide adequate visual screening within no more than two years from the date of its planting and during all seasons of the year.
[3]
Where architectural walls or fences are used, sufficient landscaping shall be used in connection with such fence or wall to create an attractive view from the abutting property or street, and any wall or fence shall be not less than four feet nor more than six feet in height.
[4]
Such screening shall be sufficiently opaque to prevent the penetration of headlight glare.
[5]
Such screening may be eliminated between adjoining parking areas by mutual agreement of the adjoining property owners executed in writing and filed with the Building Inspector.
(3)
The location and design of all vehicular access driveways from the public street to the premises shall be approved by the Director of Public Works/Village Engineer on the basis of providing reasonable service to the premises with the minimum interference to the normal, safe and efficient movement of traffic and avoiding possible nuisance or adverse effect on the surrounding residential area.
(5)
Whenever any building is erected or enlarged, or exterior alterations are made to an existing building, the use of the building must be one permitted by Subsection A, and the lot and said building shall meet the following requirements:
(a)
The lot shall have a minimum street frontage of 140 feet measured along the street which said building faces.
(b)
The lot shall maintain a side yard on each side of such building with a minimum width of 20 feet in respect to a building 40 feet or less in length, plus the following. The total of the side yards on both sides of said building shall be an additional two feet for every additional four feet of length of the building along the street on which the building faces. This side yard calculation shall exclude any incidental connecting corridors of only one story at the ground level that link together otherwise separate buildings or structures for the convenience of enclosed access and the purpose of which is limited to ingress and egress between the connected buildings.
[Amended 11-10-2020 by Ord. No. 2020-07]
(c)
The building shall be placed and maintained on said lot.
(d)
No such building shall cover more than 35% of the area of the lot on which it is erected or located.
(e)
Every building shall be set back from the center line of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the Official Zoning Map; provided, however, that no setbacks will be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes.
(f)
No institutional building built or existing in this district shall have a height greater than 35 feet above the lowest point of the lot grade abutting the structure, excluding, however, from this height limitation religious institutions and spires, towers, chimneys and nonfunctional architectural embellishments.
[1]
For institutional uses, a special exception may be sought before the Board of Appeals from any height limitation, and the Board shall consider, without limitation by enumeration herein, the following:
[2]
In no event shall the Board of Appeals grant a special exception allowing a height greater than 45 feet.
E.
Doctor's Park. Milwaukee County Doctor's Park, which is identified as Parcel Tax Key No. 0579999000, is located in the F Institutional District and is hereby zoned as a park, to the full extent and meaning of the words "zoned as a park" in § 59.17(2)(b)(3), Wis. Stats.
[Added 4-12-2016 by Ord. No. 2016-02; amended 4-12-2016 by Ord. No. 2016-07]