Suamico, WI Zoning Ordinance

(1)

Application to Existing Use Districts. This section shall operate as a conditional use and as an alternate to the permitted use and regulations applicable to existing district, except the Agricultural - Farmland Preservation (AG-FP) and Agriculture (AG) Districts, and shall be applicable only to those lands which are hereby and may hereafter be zoned Planned Development District by the Board. Basic underlying zoning requirements for land conditionally zoned as a Planned Development District, shall continue in full force and effect and shall be solely applicable until such time as the Board grants final approval as hereinafter provided. All Planned Commercial Districts approved prior to January 21, 2008 will fall under the guidelines of this section.

(2)

Purpose. The purpose of the Planned Development District and the regulations applicable to the same are to encourage and provide means for effecting desirable and quality development by permitting greater flexibility and design freedom than permitted under the basic district regulations, and to accomplish a well balanced aesthetically satisfying Village and economically desirable development of building sites within a Planned Development District. These regulations are established to permit latitude in the development of the building sites if such development is found to be in accordance with the purpose, spirit, and intent of this code and is found not to be hazardous, harmful, offensive, or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety, and welfare of the community. It is intended to permit and encourage diversification, variation, and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services and to encourage and facilitate preservation of open space and other natural features such as woodlands, floodplains, and wetlands.

(3)

Definitions.

BASIC ZONING REGULATIONS

Such zoning regulations as are applicable to the use district other than the regulations set forth in this section.

BUILDING SITE

A tract of land not divided by public streets or into lots, excepting single family dwelling purposes, and which will not be subdivided, or where the tract of land, if so divided is in single ownership or is owned by a condominium group. (The site must be located on a public street or highway.)

COMPREHENSIVE PLAN

The official guide for the physical, social, and economic growth of the Village, which is now or may hereafter be in effect.

DENSITY

The number of dwelling units permitted per square foot of land area or number of dwelling units permitted per acre of land use.

FINAL PLAN

The final drawing described in Appendix A, Exhibit 10, indicating the proposed manner for layout of the PBD to be submitted to the Planning and Zoning Commission for approval.

IMPROVED OPEN SPACE

The above parcels and any structure or improvements which are placed upon such parcels (i.e. restrooms, tennis courts, ball diamonds, etc.).

OPEN SPACE

A parcel or parcels of land or an area of water, or a combination thereof with the site designated and intended for the use or enjoyment of residents of the Planned Development District.

PLANNED DEVELOPMENT DISTRICT

An area of land, controlled by a single owner, corporation, or other legal entity, which is to be developed as a single unit, and is referred to as PDD.

PRELIMINARY PLAN

The preliminary drawings described in Section 18.22(8), indicating the proposed manner and/or layout of the Planned Development District to be submitted to the Planning and Zoning Commission for approval.

UNIMPROVED OPEN SPACE

Open space kept free of structure or improvements except for hiking, horseback riding, bicycle trails, ponds, picnic areas, and nature parks.

(4)

Uses Permitted.

(a)

Basic Zoning Uses. The following uses are permitted in a Planned Development District upon obtaining all necessary approvals required under this ordinance:

All uses permitted under the basic zoning regulations applicable to the zoning district in which the particular property is located.

Where a building site is situated in more than one use district, all uses permitted under basic zoning regulations of one district may be extended into the adjacent district, but only under the condition that the maximum area of such extension shall not exceed an area computed to be 50% of the smaller of the areas of the portion of the property located in either district.

Recreational, commercial, and institutional uses may be included to serve the residents of the PDD and/or residents of the surrounding area, provided such uses can be supported by the residents as indicated by an appropriate market study provided by the developer. Also, parking, signage, and any additional use restrictions for the uses shall be addressed in the code adopted that authorizes and establishes the proposed PDD development.

(b)

Building Restrictions. Requirements for building height, size, and floor area, lot size, setbacks (front, side, rear, and corner side), density and open space shall be delineated in the final development plan and the code adopted that authorizes and establishes the proposed PDD. In no case shall these requirements be less than stated in other sections of the PDD ordinance and shall be found to not be hazardous, harmful, offensive, or otherwise adverse to the environment, property values, or the character of the proposed development, surrounding neighborhood or community or adverse to the health, safety, and welfare of the residents of the PDD and/or community as a whole. Notwithstanding the foregoing, if the final development plan does not address a specific zoning requirement (the "Non-addressed Requirement"), the provisions of the Suamico Zoning Ordinance shall apply to the development plan to the extent of the non-addressed requirements.

(5)

General Provisions.

(a)

Engineering Design Standards. Normal standards or operational policy regarding right-of-way widths, provisions of sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a planned development, but precise standards satisfactory to the Village, pursuant to the criteria as set forth in Section 18.22(6) shall be made a part of the approval plan and shall be enforceable as part of the code.

Unless approved by the Village, all sewer and water utility extensions shall remain public.

(b)

Approvals. The developer shall develop the site in accordance with the terms and conditions of development presented to and approved by the Board. Any changes or additions to the original approved development site, structures, or plans of operation shall require resubmittal and recommendation by the Planning and Zoning Commission and approval by the Board.

(c)

Rescinding Approval. Failure to comply with conditions, commitments, guarantees, or the recommendations established in the approval of such development project shall be cause for rescinding the approval of the same. Upon notice given by the Building Inspector, the developer then shall be required to appear before the Board at its next public meeting to explain any such failure to comply. The Board at such hearing shall determine whether or not the developer shall have failed to comply, and if there has been such a failure, may either:

Rescind its approval, whereupon such recession and cessation of all rights and privileges of the developer and owner, including the right to complete construction or to construct any building or other structure or improvement, shall become effective on the 31st day following mailing by certified mail to the developer at his or her last known address of a written notice of such decision; or

Adjourn such hearing for a period not to exceed 65 days to enable the developer to comply; whereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there be such compliance, or does not establish to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Section 18.22, 1.

(6)

Criteria for Approval. As a basis for determining the acceptability of a PDD proposal, the following criteria shall be applied to the development proposal, with specific considerations as to whether or not it is consistent with the spirit and intent of this code, has been prepared with competent professional advice and guidance and produces significant benefits in terms of environmental design:

(a)

Character and Intensity of Land Use. The uses proposed and their intensity and arrangement on the site shall be a visual, aesthetic, and operational character which:

Is compatible to the physical nature of the site, with particular concern for preservation of natural features, tree growth, and open space.

Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability, and functional practicality compatible with the general development plans as established by the community.

Would not adversely affect the anticipated provision for school, sewer, water, snow removal, garbage pickup, fire protection, or other municipal services.

Would provide sufficient and accessible off-street parking and loading facilities. The parking requirements shall be determined in the specific approval of the preliminary and final development plans and delineated in the code adopted that authorizes and establishes the proposed PDD. However, the Village's off-street parking requirements shall be used as a guide to determine adequate off-street parking provision. Creativity in addressing the provision of parking is encouraged. Alternate parking arrangements may be used (such as exterior or interior satellite parking lots, provision of mass transportation, etc.) to provide adequate parking within the requirements of the PDD code.

(b)

Landscaping of Parking Areas. The parking site shall be planned to provide a desirable transition from the streetscape and to provide for adequate landscaping, pedestrian movement, and parking areas. In keeping with this purpose, the following design standard shall be set forth:

Where natural or existing topographic features contributed to the beauty and utility of a development, consideration shall be given to this preservation. Modification to topographic features should only occur where it contributes to good appearance.

Plant material shall be selected for interest in its ultimate growth. Further, it is recommended that native materials be employed for their ability to tolerate the prevailing adverse conditions.

In locations where plant materials will be susceptible to injury by pedestrians and/or motor vehicles; appropriate curbs, tree guards or other protective devices shall be employed.

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms, changes in grade, or walls except where parking areas are designed as an intricate part of the street.

All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from the adjoining residences.

All off-street loading and unloading areas shall be paved, and the design thereof approved by the Planning and Zoning Commission.

All parking areas and off-street loading and unloading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding, and other inconveniences.

(c)

Engineering Design Standards. The width of rights-of-way, width and location of street or other paving, requirements for outdoor lighting, location of sanitary and storm sewer and water lines, and provision for drainage and other similar environmental engineering considerations shall be based upon a determination as to the appropriate standards necessary to implant the specific function in the specific situation; provided, however, that in no case shall construction standards be less than necessary to ensure the public safety and welfare.

(d)

Preservation and Maintenance of Open Space. Adequate provisions shall be made for the permanent preservation and maintenance of common "open space" and rights-of-way either by private reservation or dedication to the public.

In the case of 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 areas against any further building or use except as is consistent with that of providing landscaped open spaces for 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 development plan, or, subsequently, with the express approval of the Board following the recommendation of site and operational plans by the Planning and Zoning Commission.

In the case of roadways and other rights-of-way which are not dedicated to the public, as part of the conditions for project approval there shall be granted to the Village such easements over the same as may be necessary to enable the Village to provide suitable and adequate fire protection, sanitary and storm sewer water, and other required municipal services to the project area.

The care and maintenance of such open space reservations and rights-of-way shall be assured either by establishment of an appropriate management organization for the project or by agreement with the Village for establishment of a special service district and levy the cost thereof as a special assessment on the tax bill of properties within the project area. In any case the Village shall have the right to carry out, and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the Village. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the title of each property. The developer shall submit a landscape maintenance schedule with the final plan for approval by the Village that satisfies the above requirements.

Ownership and tax liability of private open space reservations and rights-of-way shall be established in a manner acceptable to the Village and made a part of the conditions of plan approval.

(e)

Accommodation of Pedestrian Traffic.

Sidewalks and/or other walkways and bicycle paths shall be provided where necessary for the boundaries. Special attention shall be given to connections accommodating pedestrian movement between the dwelling units, common open space, recreation facilities, commercial establishments, and parking facilities or areas.

Walkway widths and surface treatments of all walkways shall be designated with regard to their function and the anticipated manner of usage. The natural feature of the area traversed by the walkway system and suitable lighting in scale with the project shall also be considered.

Utilization of pedestrian ramps shall be encouraged where necessary to either resolve conflicts with vehicular traffic or facilitate the movement of elderly and/or children.

(f)

Setback Requirements. Setbacks for parking areas and structures shall be established by the conditions governing the particular Planned Commercial District so as to ensure compatibility with adjoining developments, uses, and zoning but no parking area or structure shall be permitted within:

Fifteen feet from any county highway or Village arterial street right-of-way;

Ten feet of the right-of-way line of a collector or local street.

(g)

Signs and Outdoor Graphics. All signage shall comply with Section 18.17 unless specific signage regulations are contained in the conditions of each approval by the Board authorizing the establishment of the Planned Development District.

(h)

Factors and Requirements to be Considered by the Planning and Zoning Commission and the Board.

Height of structures.

Auto parking facilities.

Screening and fencing.

Landscaping.

Setbacks.

Open space and reservations.

The site itself as it relates to neighborhood environment, compatibility to existing neighborhood use, and general neighborhood characteristics.

Nature and use of the proposed structures, and design, architecture, and materials to be used.

Highway access to the site, number of openings, and location of same.

10.

Traffic generation, number of vehicles parked, and rate of turnover per hour.

11.

Drainage.

12.

Capacities required for sewer, water, and other necessary utilities.

13.

Educational capacity capabilities (number of families and school load).

14.

Economic impact on the Village, its inducements, attractions, and detractions.

15.

Lighting.

16.

Proposed methods and hours of operation.

17.

Comparison of open space as required by the underlying basic zones with that proposed project.

18.

Operational control.

19.

Commencement and completion dates.

20.

Highway dedication.

21.

Deed restrictions and sureties deemed necessary to protect the health, safety, and welfare of the community.

22.

Such other limitations, conditions, special requirements, or characteristics to the use as may be deemed necessary to protect the health, safety, and welfare of the Village.

(i)

Implementation Schedule. The proponents of a planned development shall submit a reasonable schedule for implementation of the development to the satisfaction of the Planning and Zoning Commission and the Board, including suitable provisions (and the Village may require the furnishing of a sufficient performance bond) for assurance that each phase could and should be brought to completion in a manner which shall not result in adverse effect upon the community as a result of termination at the end of any phase.

(7)

Pre-Application Conference. Prior to filing of an application for PDD, the applicant of the proposed PDD is encouraged to arrange a conference with the Village. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys, and other data.

(8)

Procedure. The procedure for approval of a planned development project shall consist of two phases:

(a)

Preliminary Approval. Consisting of approval of the proposed project in principle only.

(b)

Final Approval. Consisting of approval of the proposed project in all its terms and details.

(9)

Preliminary Approval.

(a)

Notice and Fee. A person desiring to develop a particular site as a planned development project shall apply to the Building Inspector on such forms as shall be provided by the Village and shall pay a fee equal to that currently required for a Preliminary Planned Development District application which must accompany said forms. Such application shall contain the names, mailing addresses, and telephone numbers of the owners and developers, and a description of the development site. Appropriate supporting documents and maps, as required in Section 18.22(9)(d) shall be filed with the application.

(b)

Notice to Committee. The Building Inspector shall inform the Planning and Zoning Commission of such desire and shall secure a date for a preliminary discussion between the developer and the Planning and Zoning Commission, and shall notify such developer of such date.

(c)

Planning and Zoning Commission Recommendations. The Planning and Zoning Commission, after such preliminary discussions and such further discussions as may be required with the developer, shall report in writing such proposed project development to the Board, together with its recommendation for either approval or disapproval of the same. Such report and recommendation of the Planning and Zoning Commission shall be made to the Board no later than four months from the filing of the application with the Building Inspector. A recommendation of approval by the Planning and Zoning Commission shall in no way be binding on the Board.

(d)

Information Required. The following information shall be provided by the applicant in adequate detail to satisfy the Planning and Zoning Commission for its recommendation regarding preliminary approval:

A statement describing the general character of the intended development.

An accurate map of the project area, drawn to scale no less than one inch equals 200 feet, showing the nature, use, and character of abutting properties prepared by a registered surveyor.

Four copies of a general development plan of the proposed project drawn at a scale no less than one inch equals 200 feet showing the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Section 18.22(6) (a), (b), (c), (d), and (h) of this section:

Tract boundaries and a statement of the total acreage of the tract;

Significant existing physical features within the tract, with two feet contour topographic information, including natural drainage patterns and water resources such as streams, drainage swales, watercourses, ponds, lakes, wetlands, floodplains subject to 100-year flood frequency and proposed changes in those features;

Zoning district(s) on and within 400 feet adjacent to the proposed project;

Property lines (if any) within the proposed project;

All contemplated land uses within the tract;

An indicator of the contemplated intensity of use; i.e., gross density in residential development; number of prospective tenants in office, commercial and industrial development or recreational development;

Number and type of dwelling units;

Existing buildings that may affect future development and proposed location of all principal structures and associated parking area;

Proposed lot coverage of buildings and structures;

Proposed circulation systems (pedestrian, bicycle, auto, mass transit) by type, how they relate to the existing network outside this site;

Existing rights-of-way and easements which may affect the PDD project;

In the case of plans which call for development in stages, a map at an appropriate scale showing the successive stages;

The location of sanitary and storm sewer lines, watermains, fire hydrants and lighting;

The location of recreational and open space areas and areas reserved or dedicated for public uses, such as schools, parks, etc.;

Description of proposed system for drainage;

General landscape treatment.

Appropriate statistical data on the size of the development, residential density, ratio of various land uses, economic analysis of the development, and any other data pertinent to the evaluation under the criteria of Section 18.22(6)(a), (b), (c), (d), and (h).

Architectural drawings and sketches illustrating the design and character of proposed structures.

General outline of intended organization structure related to property owner's association, deed restrictions, and private provision of common services, if any.

Economic feasibility and impact report may be required by the Planning and Zoning Commission to provide satisfactory evidence of the project's economic feasibility, of available adequate financing, and of not adversely affecting the economic prosperity of the Village or the values of surrounding properties.

(10)

Amendment of Preliminary Approval. The recommendation of the Planning and Zoning Commission and the preliminary approval of the Board shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved, as well as all other commitments offered or required with regard to project value, character, or other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the approved plans. Detailed construction time, and the approval of such preliminary plan shall be conditional upon the subsequent submittal and approval of more specific and detailed plans. Any subsequent change or addition to the plans or use shall first be submitted to the Planning and Zoning Commission, and if, in the opinion of the Planning and Zoning Commission, such change or addition constitutes a substantial alteration of the original plan, it shall timely make an appropriate recommendation to the Board relating to an amendment of the preliminary approval.

(11)

Final Approval.

(a)

Petition for Final Approval. When the Board has issued its preliminary approval of the proposed plan, then the developer may file with the Clerk a petition executed by the owner of the property to be developed, or its agent, for the final approval, stating that it seeks to develop such property under the provisions of this section. Such petition, accompanied by a final planned development district fee, shall include (unless previously submitted):

The names, mailing addresses, and telephone numbers of any additional owners and developers of the development site, and the names of owners and developers listed on the application that no longer have an interest in the project, in the event there has been a change in owners or developers since the date of application.

An accurate topographical map showing topographical data at two foot intervals and extending within 100 feet beyond the exterior boundaries of such site, showing all public rights-of-way and all buildings accurately located within 100 feet of the exterior boundaries of such site. Such map shall contain all available utilities, including drainage and capacities thereof and high water elevations along rivers.

A scale plot plan showing the location, type, and size of every proposed structure and its proposed use; also driveways, driveway access roads, parking facilities, lighting appliances, recreation areas, loading docks, open spaces, screening, fencing, and landscaping areas, and utility easements.

A statistical table showing the size of the site in square feet, the acreage (exclusive of public streets), proposed population densities and open areas (both in square feet and as a percentage of the project area).

Architectural drawings of all buildings and structures and sketches showing the design characteristics and treatment of exterior elevations and typical floor plans of proposed structures.

A table showing the approximate cost of structures.

A statement showing the starting and completion dates of the project.

Any other pertinent data, statements, drawings, or plans which may be required by the Planning and Zoning Commission or the Board.

The following additional information for commercial and industrial developments:

Square feet of buildings.

Square feet of offices, production areas, and the proposed number of employees in such area.

Details of proposed use or uses and manner of operation; and

The municipal services that may be required to serve the area.

(b)

Plan Approval. Approval of the preliminary plan shall entitle the developer to final approval if the final development plan is submitted within 12 months of the date of the preliminary plan and conforms to such layout and conditions of the approved preliminary plan and required final approval information. The Planning and Zoning Commission shall make a recommendation to the Board within 45 days of the submittal of a final plan. The Board then shall have an additional 45 days after receipt of the Planning and Zoning Commission recommendation in which to make a decision.

(c)

Expiration of Plan. If construction has not begun and/or no use established in the PDD or one of its stages within 24 months of final approval date, the final development plan shall lapse and be of no further effect.

(d)

Changes. Minor changes in the location, setting, and heights of buildings and structures may be authorized by the Planning and Zoning Commission without additional hearing if required by engineering or other circumstances not foreseen at the time the final plan was approved. A planned development district amendment fee shall accompany any such request. No change authorized by this section may cause any of the following:

A change in the use or character of the development.

An increase in overall coverage of structures.

An increase in the intensity of use.

An increase in the problems of traffic circulation and public utilities.

A reduction in approved open space.

A reduction of off-street parking and loading spaces.

A reduction in required pavement widths.

All other changes in use, or rearrangement of lots, blocks, and building's tracts, every change in the provision of common open space and changes other than listed above must be made by the Planning and Zoning Commission. Such amendments may be required by changes in community policy.

(12)

Interpretation. In their interpretation and application, the provisions of this code shall be held to the minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed in a limitation or repeal of any other power granted by the Wisconsin statutes. Development shall be planned, reviewed, and carried out in conformance with all municipal, state, and other laws and regulations. However, in interpreting and applying the provisions of this subchapter or any PDD adopted under this subchapter they shall take precedence and be controlling when there is conflict between their provision and those of the zoning provisions of this code.

Suamico City Zoning Code

§ 18.22 PDD