Saint Francis City Zoning Code
ARTICLE VIII
Review, Approval and Permitting Process
§ 455-47 Site plan and architectural plan approval.
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.
§ 455-48 Special use review and approval.
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.
§ 455-49 Similar use interpretations.
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.
§ 455-50 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.
§ 455-51 Waiver of zoning restrictions to accommodate handicapped persons.
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.