New Auburn Village City Zoning Code
ARTICLE VI
Other Districts
§ 350-50 PI Public and Institutional District.
Primary purpose and characteristics: The purpose of this district is to designate areas of public use, such as parks, playgrounds, schools, governmental uses, or other public areas, to delineate institutional uses, such as churches, hospitals and community facilities, and to distinguish areas for public service uses and public and private utilities.
A.
Permitted uses.
(1)
Municipal uses, Village owned and operated.
(2)
Public parks and playground.
(3)
Public utility and public service uses.
(4)
Noncommercial parking.
(5)
Schools and associated athletic fields, and related educational or recreational facilities.
(6)
Government offices and facilities, and post offices.
(7)
Churches and cemeteries.
(8)
Public and private facilities, such as water wells, water and sewage pumping stations, sewage disposal plants, water storage tanks, electrical power substations, telephone exchanges, transmitting towers, receiving towers, relay towers, microwave radio towers, municipal incinerators, power plants, municipal shops, and municipal storage yards.
(9)
Public housing.
(10)
Nonprofit museums, libraries, auditoriums, and community centers.
(11)
Nursing homes.
(12)
Hospitals.
B.
Dimensional requirements. In the Public and Institutional District, the requirements for lot area, lot width, setbacks, and building height shall be consistent with basic planning and zoning principals and designed to encourage and promote improved aesthetic and environmental design. Such requirements as are made part of an approved site plan in accordance with the standards provided herein, shall be construed to be enforced in accordance with this section.
C.
Procedure. The procedure for zoning to a Public and Institutional District shall be the same as required by § 350-129 of this chapter. In addition, thereto, a site plan shall be required for zoning to a Public and Institutional District, prior to any physical change, as defined in § 350-50C(3), or for any change in use to a property in a Public and Institutional District, and shall be subject to the following additional requirements:
(1)
Site plan. The applicant shall file with the Planning Commission seven copies of a site plan which includes the following information:
(a)
Name and address of the applicant. If the owner of the land is other than the applicant, a duly verified statement by the owner that the applicant is authorized by him/her to make the application.
(b)
A statement describing the general character of the intended development, physical change or change in use.
(c)
An accurate map of the project area to include: its location, relationship to surrounding properties, including the zoning of adjacent properties, existing topography and natural drainage, all building and structure footprints, driveways, sidewalks, parking lots, utilities, and stormwater management structures.
(d)
Landscaping plans for the entire site, including provisions for visual screening.
(e)
Such other plans and specifications and information as may reasonably be required by the Planning Commission or Village Board.
(2)
Visual screening requirement. When adjoining or abutting a residential district, a visual screen may be required. Such visual screening shall consist of a single row hedge planting or solid wooden fence not less than six feet in height.
(3)
"Any physical change" defined. In this section, "any physical change" means any new construction of a building or structure, or modification of any property located within a Public and Institutional District which significantly affects the quality of the physical and human environment in the judgment of the Planning Commission. Projects necessary to maintain or repair buildings and grounds that will not require exterior physical design changes or use changes, or accessory structures with all setbacks at a minimum of 25 feet and considered incidental to a principal use on the property, will be permitted without a site plan.
(4)
Approval of the site plan. Within 60 days after completion of the filing of the site plan, the Planning Commission shall forward to the Village Board a recommendation that such site plan be approved as submitted, approved with modifications, approved with conditions, or disapproved. The approval of the site plan shall establish the basic right of use for the area in conformity with such plan as approved, which shall be established as an integral component of the Public and Institutional District regulations.
(5)
Character and intensity of land use. In review of site plans and all other matters concerning the Public and Institutional District, the Planning Commission and Village Board shall consider the uses proposed and their intensity and arrangement on the site, which shall be of an aesthetic, environmental and operational character which:
(a)
Will be compatible with the physical nature of the site, with particular concern for the preservation of natural features, tree growth and open space.
(b)
Will produce an attractive environment of sustained aesthetic and environmental desirability.
(c)
Will not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(6)
Village of new auburn exempted from site plan. The Village of New Auburn in the development, administration and management of its property is exempted only from § 350-50C, Procedure, except that the Village of New Auburn shall follow § 350-129 of this chapter for zoning to a Public and Institutional District, the Village Board shall determine the information, plans and specifications necessary for approvals of Village uses, buildings or facilities within the Public and Institutional District, and the Planning Commission or Village Board may require visual screening for Village properties pursuant to § 350-50C(2), Visual screening requirement.
§ 350-51 W Conservancy District.
Primary purpose and characteristics: The purpose of this district is to discourage development in natural areas with unique features or environmental hazards, provide areas to insure proper water conservation and flood control, and provide areas for outdoor recreation and forestry pursuits.
§ 350-52 PD Planned Development District.
Primary purpose and characteristics: The PD Planned Development District, pursuant to § 62.23(7)(b), Wis. Stats., provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of the zoning ordinance and with the Village Comprehensive Plan. The Planned Development District (PD) has no set standards and specifications. Developers can propose uses or combination of uses and configurations of intensity and density of development. Standards are negotiated by the developer and the Village; such negotiated standards have the same legal force and effect as do standard zoning requirements. The objective of the Planned Development District is not simply to allow exceptions to otherwise applicable regulations. It is instead to encourage a higher level of design and amenity than is possible to achieve under other zoning districts. An example application of use of the Planned Development District is for a conservation design subdivision, where due to the topographic and natural features, the standards are relaxed, as negotiated by the Village and the developer.
A.
General requirements:
(1)
Use regulations. The uses allowable in this district are the uses approved as part of the general or detailed plan for particular sites that are placed in the Planned Development District.
(2)
Density and dimensional requirements. This section sets no prescribed density or dimensional regulations in the Planned Development District.
(3)
Off-street parking and loading. There shall be no prescribed requirements for off-street parking and loading in the Planned Development District. However, in the review and approval of any general or detailed plan in a Planned Development District, due consideration shall be given to the requirements established in Article VIII of this chapter for uses similar to those proposed in such plan.
(4)
Standards. The following standards shall apply in the review of all general or detailed plans proposed for the Planned Development District:
(a)
The uses proposed in the planned development shall be in general conformance with the Village Comprehensive Plan.
(b)
The planned development shall incorporate environmental design considerations, including the preservation of topography, trees and ground cover, streams and natural bodies of waters, and other significant natural features and control of erosion and runoff in accord with the Village's erosion control standards.
(c)
The planned development shall provide for convenient and harmonious groups of buildings, structures and uses; and buildings shall be spaced and sited to ensure adequate safety, light, ventilation, and privacy.
(d)
In a planned development for residential use, adequate open space and recreational areas shall be provided in appropriate locations, and all public and common open spaces shall be designed and located to provide safe and convenient access to residents.
(e)
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 considerations shall be based on a determination of the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the Village.
(f)
The application for a Planned Development District shall provide evidence satisfactory to the 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.
(g)
The applicant for a Planned Development 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 could be brought to completion in a manner that would not result in an adverse effect upon the community as a result of termination at that point.
(5)
Minimum area. A Planned Development District shall not be less than three acres of contiguous land under the same ownership. This requirement shall not be interpreted to prohibit the post-development sale or all or part of an approved PD subject to the provision of this section and all applicable statutes and Subdivision regulations.
(6)
Subdivision review. The applicable subdivision review under the Chapter 300, Subdivision of Land, of Village Code shall be carried out as an integral part of the review of a Planned Development District. The proposed plan must be submitted in a form that substantially satisfied requirements of the Subdivision regulations[1] for the preliminary and final plat approvals. A subdivision application may be submitted for the whole, a part, or parts of the overall planned development as indicated by phases in the detailed plan for staged development.
B.
Procedure for establishment of a Planned Development District. The provisions set forth in Article XII of this chapter shall apply to the establishment of any Planned Development District, provided the amendatory ordinance shall be considered only in conjunction with a general or detailed plan.
C.
Preapplication procedures. Applicants are encouraged to seek preapplication, conceptual review of proposed plans by the Plan Commission. The Plan Commission is under no obligation to give a response to such submittals at the same meeting as they are presented. The Plan Commission is entitled to seek outside assistance and sources of critique. No responses by the Plan Commission or by individual Plan Commissioners shall bind the Plan Commission or the Village unless the response is on behalf of the Plan Commission, is in writing, and is expressed as a binding response.
D.
Approval of general or detailed plan and adoption of zoning ordinance amendment. In the event that the Village Board approves a general (or detailed) plan and adopts a zoning amendment creating a Planned Development District in connection with such general (or detailed) plan, the requirements of the plan shall constitute the zoning regulations of the district and the Zoning District Map[2] shall be amended to show all lands included in such general (or detailed) plan as within the Planned Development District. In the approval of any general (or detailed) plan, the Village Board may stipulate any conditions or restrictions in the establishment, maintenance, or operation of any uses proposed in such plan, and may also require any guarantees, including the filing of a contract together with a surety, satisfactory in form to the Village Attorney and satisfactory to the Village Engineer, with the Village to ensure that improvements will be installed and completed as proposed in the plan.
[2]
Editor's Note: See the Zoning Map, included as an attachment to this chapter.
E.
Recording of approved general (or detailed) plans and zoning ordinance amendments. Whenever the Village Board designates land as being within a Planned Development District, the Village Clerk shall record in the office of the Register of Deeds of the county in which the lands belong, a facsimile copy of the approved general (or detailed) plan, together with a certified copy of the related zoning ordinance amendment and any other action taken thereon by the Village Board. The cost of preparing a facsimile copy of the general (or detailed) plan in recordable form and the recording fee shall be paid by the owners of the lands included in the general (or detailed) plan.
F.
Changes or modifications to general (or detailed) plans and zoning ordinance amendments. Any approved general (or detailed) plan, together with the related zoning ordinance amendment, may be amended in whole or in part pursuant to the same procedure and subject to the same limitations by which general or detailed plans were approved and the zoning ordinance amended. However, minor modifications may be made to any general (or detailed) plan upon approval of the Village Plan Commission, provided that such modifications shall be in general conformity with the approved general or detailed plan and shall not substantially change the concept of such approved plan. All approved minor modifications shall become a part of the approved general or detailed plan and shall be recorded as provided in Subsection E of this section. The Plan Commission shall decide whether a proposed amendment is minor or major, with appeals made to the Village Board.
G.
Construction of buildings and establishment of uses. No zoning or building permit shall be issued for any lot within the Planned Development District until the detailed plan and the related zoning ordinance amendment have been recorded as required above. Within one year of the date of recording of any detailed plan and the zoning ordinance, construction thereon must begin; and construction must be substantially completed throughout the project within three years of such date of recording, unless extensions are granted by the Village Board. If initial construction has not begun within one year of the date of recording or within the prescribed time period granted as an extension by the Village Board, the approval of the detailed plan and the related zoning ordinance amendment shall become null and void, and the zoning shall revert to the classification that applied prior to the approval of the Planned Development District zoning. No occupancy of dwelling units shall occur until all public works that have been scheduled to be completed before occupancy are completed to the satisfaction of the Village.
H.
Procedure for establishment of the Planned Development District - General plan for staged development.
(1)
Submittal of general plan. The general plan shall contain any information and representations deemed necessary by the Plan Commission and shall consist of a statement entitled "Planned Development District - General Plan, Statement of Owner's Intent and Description of Development," which shall include, without limitation, the following:
(a)
A legal description describing all of the tract of land included in the proposed development.
(b)
A statement indicating the nature of the applicant's interest in the land included in the proposed development.
(c)
A statement describing the proposed development, including the character, method, and operation of the development and a development schedule or timetable for construction.
(d)
A statement as to the following data or graphic information referenced to a map or plan of the proposed development:
[1]
The location and size of the site including dimensioned exterior boundaries, topography and other salient features, existing buildings and structures, and also adjacent properties and streets, including all public utilities and public easements.
[2]
The use and approximate location and bulk of buildings and structures, including number of stories and dimensions of buildings.
[3]
The approximate location of vehicular and pedestrian facilities, such as streets, sidewalks, and off-street parking areas, including approximate number of parking spaces.
[4]
The approximate location of areas for public or common open spaces and for other public or semipublic uses.
[5]
A tabulation of land areas for the different types of uses in relation to the total area.
[6]
A tabulation of the gross floor areas of buildings by types of uses.
[7]
A tabulation of the number of types of dwelling units, if applicable.
(2)
Review of general plan. The Plan Commission shall review the general plan and determine whether it complies with the standards set forth in Subsection A(4) of this section. Following review of the general plan, the Plan Commission shall forward the petition to the Village Board, together with a recommendation that the general plan be either approved as submitted or approved with modifications or disapproved.
(3)
Approval of general plan.
(a)
In the event that the Village Board approves the general plan and adopts the related zoning ordinance amendment, the zoning district maps shall be amended to include all of the lands within the general plan as within the Planned Development District. However, no building construction shall be permitted in any portion of the approved general plan until a detailed plan prepared in accordance with the requirements hereunder has been approved by the Village as provided below.
(b)
In the event the Village Board fails to approve the general plan and ordinance, the Village Board shall communicate its objections back to the Plan Commission for reconsideration and further discussions.
I.
Procedure for establishment of the Planned Development District - Detailed plan for staged development.
(1)
Submittal of plan. Within one year after the recording of the general plan and the copy of the related zoning ordinance amendment, a detailed plan for at least one stage of the general plan shall be filed with the Village Clerk, unless an extension is granted by the Village Board. The detailed plan shall contain any information and representation deemed necessary by the Plan Commission and shall consist of a statement entitled, "Planned Development District - Detailed Plan, Statement of Owner's Intent and Description of Development," which shall include without limitations, the following:
(a)
A legal description describing all of the tract of land included in the proposed development, referenced to a locational map indicated the relationship of the tract to the total general plan.
(b)
A statement indicating the nature of the applicant's interest in the land included in the proposed development.
(c)
A statement describing the proposed development, including the character, method, and operation of the development, and a development schedule or timetable for construction. Where the formation of organizations such as a homeowners' association is proposed, such a statement shall include any agreements, bylaws or covenants which govern the organizational structure, use, maintenance, and protection of the development and any of its common services, common open spaces, or other common facilities.
(d)
A statement as to the following date or graphic information referenced to a map of the proposed development:
[1]
The location and size of the site, including dimensioned exterior boundaries, topography, and other salient features, and existing buildings and structures, and also adjacent properties and streets.
[2]
The use and location of all buildings or structures, including the architectural character and design of each building, the number of stories and dimensions of each building, and the dimensioned yards between buildings or structure and lot lines.
[3]
The location of vehicular and pedestrian facilities, including dimensioned streets, walkways, access driveways, off-street parking spaces and loading berths, and refuse receptacle areas.
[4]
The location and size of areas for public or common open spaces and for other public and semipublic uses.
[5]
A grading plan, including any storm sewer system, a landscaping plan, and an erosion control plan.
[6]
A sanitary sewer and water distribution system plan.
[7]
A tabulation of land areas for the different uses in relation to the total tract area.
[8]
A tabulation of the number of buildings and the use and the total gross floor area for each building.
[9]
A tabulation indicating the number and types of dwelling units, if any, in each building.
(2)
Review of the detailed plan.
(a)
The Plan Commission shall review the detailed plan as a conditional use review and shall determine whether the plan complies with the standards set forth in Subsection A(4) of this section and is in general conformance with the approved general plan. Following Plan Commission approval of a detailed plan, the Village Clerk shall record in the office of the Register of Deeds of the county in which the lands belong a facsimile copy of the approved detailed plan and a certified copy of the Plan Commission action approving the same. The costs for copies and recordings shall be paid by the owners of the land within the plan areas.
(b)
The action of the Plan Commission on the proposed detailed plan shall be appealable to the Village Board. The Village Board shall consult with the Plan Commission before making its appeal decision, but in no case shall a detailed plan be approved that is out of conformity with the corresponding approved general plan.
(3)
Approval of detailed plan. Once the detailed plan is approved, the Zoning District Map[3] shall be amended to include all of the lands within the detailed plan as Planned Development District - detailed plan approved.
[3]
Editor's Note: See the Zoning Map, included as an attachment to this chapter.
J.
Planned Development District - single-stage procedure. Upon request by applicant and subject to Village Board concurrence, the general and detailed stages of plan review and approval can be combined. Under this option, the plan is submitted in detailed form and is processed as is a general plan.