Watertown City Zoning Code
ARTICLE XIII
Procedures and Administration
§ 550-139 Purpose.
The purpose of this article is to establish the procedural requirements for zoning text amendments, Zoning Map amendments, conditional use review and approval, temporary use review and approval, site plan review and approval, certificates of occupancy, variances, zoning provision interpretations by the Zoning Administrator, and appeals of zoning provision interpretations to the Zoning Board of Appeals.
§ 550-140 Amendment of zoning regulations.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of this chapter. [Refer to the requirements of § 62.23(7)(d), Wis. Stats.]
C.
Application requirements. All applications for proposed amendments to this chapter, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
A copy of the portion of the current provisions of this chapter which is proposed to be amended, with said provisions clearly indicated in a manner which is clearly reproducible with a photocopier;
(2)
A copy of the text which is proposed to replace the current text; and
(3)
As an optional requirement, the applicant may wish to provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the recommendation of the Comprehensive Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (d) below.
D.
Review by the Zoning Administrator. The proposed text amendment shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(3)
The Zoning Administrator may also evaluate the application to determine whether the proposed text amendment is in harmony with the recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (d) below:
(b)
The proposed text amendment furthers the purposes of the general article in which the amendment is proposed to be located.
(c)
The proposed text amendment furthers the purposes of the specific section in which the amendment is proposed to be located.
(d)
The following factors have arisen that are not properly addressed in the current zoning text:
[1]
The provisions of this chapter should be brought into conformity with the Comprehensive Plan. (If a factor related to the proposed amendment, note pertinent portions of the Comprehensive Plan.)
[2]
A change has occurred in the land market or other factors have arisen which require a new form of development, a new type of land use, or a new procedure to meet said change(s).
[3]
New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors.
[4]
Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.
(4)
The Zoning Administrator shall forward the report per Subsection D(2) and, if it has been prepared, the report per Subsection D(3) to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and recommendation by the Plan Commission. The Common Council shall not make an amendment to this chapter without allowing for a recommendation from the Plan Commission per the provisions of this subsection.
(1)
The Plan Commission shall consider the application at a regular or special meeting open to the public, which date shall be deemed the date of filing with the Commission, within a reasonable period after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person or by agent and/or by attorney.
(2)
Within 60 days after the public meeting (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission may make a written report to the Common Council and/or shall state in the minutes its findings regarding Subsection D above and its recommendations regarding the application as a whole. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (d) above.
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection E(2) above], then the Common Council may proceed per Subsection F below. Failure to receive said written report from the Plan Commission per Subsection E(1) above shall not invalidate the proceedings or actions of the Common Council.
(4)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written report its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (d) above, after taking into consideration the proposal by the applicant.
F.
Review and action by the Common Council. The Common Council shall consider the Plan Commission's recommendation regarding the proposed text amendment. The Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator and/or the applicant.
(1)
A public hearing before the Common Council will be schedule to consider the application within a reasonable time after receipt of the written recommendation from the Plan Commission. The applicant may appear in person or by agent and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the proposed text change. In addition, at least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
At the next Common Council meeting, the Council may take final action on the application at the time of public hearing or may continue the proceedings, at the Council's or applicant's request. The Common Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, its own members, or public input), or may deny approval of the proposed amendment. If the Common Council wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Council action.
(3)
When the Common Council takes affirmative action on the application, it shall state in the adopting ordinance its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment sufficiently outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (d) above, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission. Any action to approve or allow the proposed amendment requires a majority vote of the Council. The Common Council's approval of the proposed amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.
G.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
§ 550-141 Amendment of Official Zoning Map.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of the Official Zoning Map (see § 550-18). Refer to the requirements of § 62.23(7)(d), Wis. Stats.
B.
Initiation of request for amendment to Official Zoning Map. Proceedings for amendment of the Official Zoning Map may be initiated by any one of the following three methods:
C.
Application requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
The City shall prepare a map of the subject property, showing all lands for which the zoning is proposed to be amended and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as they appear on the current assessment records of the City of Watertown. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2)
The City shall supply a map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the City as a whole; and
(3)
As an optional requirement, the applicant may wish to provide justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (c) below.
D.
Review by the Zoning Administrator. The proposed amendment to the Official Zoning Map shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application, per Subsection C(3) above.
(3)
The Zoning Administrator may also evaluate the application to determine whether the proposed Zoning Map amendment is in harmony with the recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (c) below:
(a)
The proposed Official Zoning Map amendment furthers the purposes of this chapter as outlined in § 550-5 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).
(b)
The following factors have arisen that are not properly addressed on the current Official Zoning Map:
[1]
The designations of the Official Zoning Map should be brought into conformity with the Comprehensive Plan.
[2]
A mistake was made in mapping on the Official Zoning Map. (That is, an area is developing in a manner and purpose different from that for which it is mapped.) Note: If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the City may intend to stop an undesirable land use pattern from spreading.
[3]
Factors have changed (such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation or other zoning changes) making the subject property more appropriate for a different zoning district.
[4]
Growth patterns or rates have changed, thereby creating the need for an amendment to the Official Zoning Map.
(c)
The proposed amendment to the Official Zoning Map maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(4)
The Zoning Administrator shall forward the report per Subsection D(2) and, if it has been prepared, the report per Subsection D(3) to the Plan Commission for the Commission's review and use in the making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Initial review by the Plan Commission and scheduling of Common Council public hearing. The Common Council shall not make an amendment to the Official Zoning Map without allowing for a recommendation from the Plan Commission per the provisions of this subsection.
(1)
The Plan Commission shall schedule a reasonable time and place for a public meeting to hear the application within 45 days of the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent and/or by attorney.
(2)
Within 60 days after the public meeting (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall schedule a public hearing before the Common Council.
F.
Common Council public hearing and referral to Plan Commission. The Common Council shall hold a public hearing on the requested Zoning Map amendment and refer the matter and public hearing minutes to the Plan Commission for its recommendations to the Common Council. The applicant may appear before the Common Council in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant, to all property owners within 300 feet of the boundaries of the subject property as identified in Subsection C(1) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
G.
Review and recommendation by the Plan Commission. The Common Council shall not make an amendment to the Official Zoning Map without allowing for a recommendation from the Plan Commission per the provisions of this subsection.
(1)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Common Council stating its findings regarding Subsection D above and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (c).
(2)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection G(1) above], then the Common Council may act on the application within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection G(1) above shall not invalidate the proceedings or actions of the Common Council.
(3)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (c) above, after taking into consideration the proposal by the applicant.
H.
Review and action by the Common Council. The Common Council shall consider the Plan Commission's recommendation regarding the proposed amendment to the Official Zoning Map. The Council shall hold two readings of the ordinance unless the Council votes to waive this requirement. The Council may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the applicant. The Council may take final action on the application to amend the Official Zoning Map following the second reading or may continue the proceedings, at the Council's or the applicant's request. The Common Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, its own members, or public input) or may deny approval of the proposed amendment. If the Common Council wishes to make significant changes in the proposed amendment to the Official Zoning Map, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Council action. Any action to amend the Official Zoning Map requires a majority vote of the Council. The Common Council's approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.
I.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
§ 550-142 Conditional use review and approval procedures.
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses. Amendments to existing conditional uses shall follow the same procedures as required for new conditional uses.
(2)
Certain uses in situations which are of a special nature or are so dependent upon actual contemporary circumstances as to make impractical the predetermination of permissibility or the detailing in this chapter of specific standards, regulations or conditions which would permit such determination in each individual situation may be permitted as conditional uses.
(3)
Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate, to the satisfaction of the City, that the proposed conditional use will not create undesirable impacts on nearby properties, the environment or the community as a whole.
B.
Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property, lease holders, or contract purchasers.
C.
Application requirements. All applications for proposed conditional uses, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
The City shall prepare a map of the subject property, showing all lands for which the conditional use is proposed and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current assessment records of the City of Watertown. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2)
The City shall supply a map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the City as a whole.
(3)
A written description of the proposed conditional use, describing the type of activities, buildings and structures proposed for the subject property and their general locations.
(4)
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 550-145C, as determined by the Zoning Administrator. If the proposed conditional use is a group development (per § 550-145), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per § 550-145, as determined by the Zoning Administrator.
(5)
As an optional requirement, the applicant may wish to provide written justification for the proposed conditional use, consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in Subsection D(3)(a) through (f) below.
D.
Review by the Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per Subsection C(5) above.
(3)
The Zoning Administrator shall also evaluate the application to determine whether the requested conditional use is in harmony with the recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:
(a)
The proposed conditional use (the use in general, independent of its location) is in harmony with the purposes, goals, objectives, policies and standards of the City of Watertown Comprehensive Plan, this chapter, and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.
(b)
The proposed conditional use (in its specific location) is in harmony with the purposes, goals, objectives, policies and standards of the City of Watertown Comprehensive Plan, this chapter, and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City.
(c)
The proposed conditional use, in its proposed location and as depicted on the required site plan [see Subsection C(4) above], does not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide development.
(d)
The proposed conditional use maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(e)
The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.
(f)
The potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use [as identified in Subsection D(3)(a) through (e) above], after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.
(4)
The Zoning Administrator shall forward the reports per Subsection D(2) to the Plan Commission for the Commission's review. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and action by the Plan Commission. The Plan Commission shall consider the Zoning Administrator's recommendation regarding the proposed conditional use. The Commission may request further information and/or additional reports from the Zoning Administrator and/or the applicant.
[Amended by Ord. No. 07-08]
(1)
The Zoning Administrator shall schedule a public hearing to consider the application within a reasonable time after receipt of the application. The applicant may appear in person or by agent and/or by attorney. Notice of the proposed conditional use and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed conditional use. In addition, at least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant, to all property owners within 200 feet of the boundaries of the subject property as identified in Subsection C(1) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice to said clerk(s) of such neighboring municipalities, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
The Plan Commission may take final action on the application at the time of public hearing or may continue the proceedings. The Plan Commission may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, authorized outside experts, its own members, or public input), or may deny approval of the proposed conditional use. If the Plan Commission wishes to approve significant changes in a proposed conditional use which result in more development than proposed at the time of public notice, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Commission action.
(3)
When the Plan Commission takes affirmative action on the application, it shall state in the minutes its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed conditional use sufficiently outweigh any and all potential adverse impacts of the proposed conditional use, as identified in Subsection D(3)(a) to (f) above, after taking into consideration the proposal by the applicant, the recommendation of the Zoning Administrator, and any public input. Any action to approve or allow the proposed conditional use requires a majority vote of the Commission. The Plan Commission's approval of the proposed conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
F.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
G.
Termination of an approved conditional use. Upon approval by the Plan Commission, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 550-145. Once a conditional use is granted, no erosion control permit, site plan approval (per § 550-145), occupancy permit (per § 550-146), or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter or conditions of its approval shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Plan Commission following the procedures outlined in Subsections B through F above.
H.
Time limits on the development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Plan Commission and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of a occupancy permit for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Plan Commission and shall be based upon a showing of acceptable justification (as determined by the Plan Commission).
I.
Discontinuing an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
J.
Successor conditional uses.
[Amended by Ord. No. 14-1]
(1)
Definition. A "successor conditional use" is a land use which has been granted a conditional use permit by the City which is proposed to undergo one or more of the following:
(a)
No change in the specific land use within the same broad land use category identified with the lettered headings listed in Article IV of this chapter (such as remaining a restaurant under "H. Indoor commercial entertainment" or remaining an elementary school under "C. Indoor institutional");
(b)
Only a change in the ownership of the subject property;
(c)
Only a change in the ownership of the business or other operator of the land use; and
(d)
Other changes explicitly identified in a currently valid conditional use permit which are identified as acceptable as a successor conditional use.
(2)
Purpose. The purpose of these provisions is to create a process which:
(a)
Verifies that the proposed change is a valid successor conditional use;
(b)
Creates a record that the proposed change is recognized by the City as a successor conditional use;
(c)
Clarifies that the same conditions of approval, development and operation continue to apply to a successor conditional use; and
(d)
Reduces the costs and time needed to approve a successor conditional use.
(3)
Approval process. A successor conditional use shall not require the granting of a new conditional use permit by the City. However, prior to operation of the successor conditional use, the property owner and the operator of the successor conditional use shall sign a Successor Conditional Use Extension Form, provided by the Zoning Administrator (or an official designee). This form shall list the conditions from the original conditional use permit, and the signatures shall indicate that the property owner and conditional use operator understand the conditions and acknowledge that they are extended to their successor conditional use. The executed form, also signed by the Zoning Administrator (or an official designee) to indicate acceptance of the extension, shall be recorded at the County Register of Deeds for the subject property. To enable operation of the successor conditional use, the Zoning Administrator's office shall be provided with a copy of the form, which includes the Register of Deeds' recording number.
(4)
Proposed expansions are not eligible. Any physical enlargement of a previously approved conditional use in terms of buildings, structures, activity areas, and/or any expansion of the conditions of operation, beyond the limits of site plans, floor plans and conditions of operation approved through the conditional use process, shall not be eligible for treatment as a successor conditional use and must seek an amendment to its conditional use permit through the conditional use process.
(5)
Ineligible land uses. The following land uses are not eligible for treatment as a successor conditional use and shall require approval of a new limited conditional use permit which is specific to both the business owner and to the property owner, per Subsection J(6) below:
(6)
Limited conditional use. Limited conditional use is any development, activity or operation for which a conditional use permit has been approved that is limited to a specific operator or property owner or to a specific date or event upon which the conditional use permit either expires or is required to be reviewed and reapproved. The Plan Commission may recommend and the Common Council may designate any proposed conditional use request as a limited conditional use. The Plan Commission shall specify which of the following characteristics are present that create the need for the limited conditional use:
(a)
A particular aspect of the specific land use.
(b)
A particular aspect of the proposed operation (including, but not limited to, operating hours).
(c)
A particular aspect of the proposed location.
(d)
A particular aspect of the proposed site design.
(e)
A particular aspect of an adjacent property or of the surrounding environs.
(f)
Any other reason(s) the Common Council deems especially relevant and material.
K.
Recording of conditional use requirements. Except for conditional use approvals for temporary uses, a conditional use permit form, containing identifiable description and any specific requirements of approval, shall be recorded by the City with the County Register of Deeds office.
L.
Uses now regulated as conditional uses which were approved as legal land uses, permitted by right or as conditional uses, prior to the effective date of this chapter. A use now regulated as a conditional use, which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter, shall be considered as a legal, conforming land use so long as the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and City consideration under this section.
§ 550-143 Temporary use review and approval procedures.
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of a proposed temporary use.
(2)
Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
B.
Regulations applicable to all temporary uses. A demonstration that the developer proposes to meet all temporary use requirements of this section must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this chapter (see § 550-146). Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
C.
Application requirements. All applications for proposed temporary uses shall be approved as complete by the Zoning Administrator prior to certification of the proposed temporary use. Said complete application shall be comprised of all of the following:
(1)
A map of the subject property, showing all lands for which the temporary use is proposed and all other lands within 200 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the City as a whole;
(3)
A written description of the proposed temporary use describing the type of activities, buildings and structures proposed for the subject property and their general locations; and
§ 550-144 Site Plan Review Committee.
[Amended 7-5-2022 by Ord. No. 22-63; 2-4-2025 by Ord. No. 25-02]
A.
The Common Council hereby finds and declares that it is necessary to create a Site Plan Review Committee to effectively carry out the policies of the City of Watertown and to assist the Plan Commission and the Common Council in managing the direction of growth and planning within the City of Watertown.
B.
There is hereby created a Site Plan Review Committee, which shall consist of the Public Works Director/City Engineer or Assistant City Engineer, Zoning Administrator, Building Inspector, Fire Chief, Water Systems Manager, Operations Manager, Police Chief, Director of Parks, Recreation and Forestry or their designees, and other such members as are from time to time appointed by the Mayor.
C.
Functions and duties.
(1)
It shall be the function and duty of the Site Plan Review Committee to review site development plans and to make recommendations to the Plan Commission regarding the technical aspects of the proposed development and the compatibility of the proposed site development plan with adopted Common Council policies and ordinances.
(2)
The Committee shall notify and solicit comments and suggestions on the proposed site development plan from other department heads of the City or appropriate state or federal agencies or appropriate public utilities and incorporate said comments and suggestions into the Committee's site development plan review process.
(3)
In its review of such site development plans, the Committee shall apply the stated purposes and standards set forth herein.
§ 550-145 Site plan review and approval procedures.
A.
Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear-cutting, grading or filling) requires the approval of site, building and operational plans by the City Plan Commission before the building, occupancy and zoning permits can be issued; except, however, that development activity associated with an approved final plat of subdivision or certified survey map for single-family and/or duplex/twin home dwelling units, and development activity associated with the full and complete implementation of a project approved within the PIP phase of the planned unit development district (PUD), is exempt from this requirement.
B.
Procedure.
(1)
Initiation of request for approval of a site plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property, lease holders, contract purchasers, or their legally authorized representative(s).
(2)
Property and development subject to site plan review:
(a)
All new commercial, industrial, public facility, institutional, office or conditionally permitted use development construction (including site work, infrastructure work, and public facility work) and all external expansion of existing commercial, industrial, public facility, institutional, office or conditionally permitted use development, where the principal proposed use of the new building area equals or exceeds 1,000 square feet or the value of the construction exceeds $25,000.
(b)
Any change of land use.
(c)
All new residential construction of multiple-family structures containing three or more dwelling units.
C.
Application requirements. Any property owner subject to the terms of this section shall, prior to the commencement of any construction and at or before the time of filing any other application or petition within the City, file with the Zoning Administrator or his designee, at least seven days before a regular Site Plan Review Committee meeting, two copies of a proposed site development plan containing a brief written summary of the proposed development as well as the following information:
(1)
Written description of the intended use describing in reasonable detail the:
(a)
Existing zoning district(s) [and proposed zoning district(s) if different];
(b)
Land use plan map designation(s);
(d)
Current land uses present on the subject property;
(f)
Projected number of residents, employees and daily customers;
(g)
Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area, and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface area ratio;
(h)
Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation;
(i)
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article XI (§§ 550-104 through 550-124), including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Article XI), then the statement "The proposed development shall comply with all requirements of Article XI" shall be provided;
(l)
Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.
(2)
A small location map at 11 inches by 17 inches, showing the subject property and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the City's Land Use Plan Map, with the subject property clearly indicated, shall suffice to meet this requirement.)
(3)
A property site plan drawing (and reduction at 11 inches by 17 inches), which includes:
(a)
A title block which indicates the name, address and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for the project;
(b)
The date of the original plan and the latest date of revision to the plan;
(c)
A North arrow and a graphic scale; said scale shall not be smaller than one inch equals 100 feet;
(d)
A legal description of the subject property;
(e)
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;
(f)
All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose;
(g)
All required building setback lines;
(h)
All existing and proposed buildings, structures and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls;
(i)
The location and dimension (cross section and entry throat) of all access points onto public streets;
(j)
The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter;
(k)
The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas;
(l)
The location of all outdoor storage areas and the design of all screening devices;
(m)
The location, type, height, size and lighting of all signage on the subject property;
(n)
The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with § 550-110;
(o)
The location and type of any permanently protected green space areas;
(p)
The location of existing and proposed drainage facilities; and
(4)
A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Article X. (Note: The individual plant locations and species, fencing types and heights, and berm heights need to be provided.)
(5)
A grading and erosion control plan at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the Public Works Director/City Engineer, in accordance with the design standards and construction specifications of Chapter 545, Subdivision of Land.
[Amended 7-5-2022 by Ord. No. 22-63]
(6)
Elevation drawings of proposed buildings or proposed remodeling of existing buildings, showing finished exterior treatment, shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings. (Refer to § 550-121.)
(7)
A certified survey or plat of survey may be required by the Zoning Administrator in instances where he determines compliance with setback requirements may be difficult. The survey shall be prepared by a professional land surveyor and shall depict property lines and proposed buildings, structures and paved areas.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(8)
A detailed site analysis per the following submission and review process:
(a)
Purpose. The detailed site analysis required by this section is designed to provide the clear identification of permanently protected green space areas on a site that is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties containing permanently protected natural resource areas.
(b)
Description. The detailed site analysis shall be shown on a map of the subject property that depicts the location of all protected natural resource areas, as defined by the provisions of this chapter. The detailed site analysis shall meet the following requirements:
[1]
Scale. A minimum scale of one inch equals 200 feet shall be used.
[2]
Topography. Topographic information is not required for any property that does not contain steep slopes (as designated on the Official Zoning Map). For such properties, topographic information with a minimum contour interval of two feet is required.
[3]
Specific natural resources areas. All natural resources areas that require protection under the provisions of this chapter shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.
[4]
Development pads.
[a]
All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits, and the recorded plat of subdivision or certified survey map.
[b]
Beyond visible damage to natural resources, vegetation, soil and drainage patterns, site disruption activities shall not compact soil covering tree roots or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches whose canopies are located adjacent to disturbed areas, which die within a period of five years following site disruption, shall be replaced by the owner with a three-inch caliper tree of the same type (canopy or understory). Therefore, care shall be taken to ensure that equipment and actions associated with permitted site disruption activities are limited to the area in which they are permitted. The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge.
[5]
Mitigation areas. All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site map with notations provided which describe the mitigation techniques employed.
(c)
Required procedure for submission and review.
[1]
Required timing of submission. The detailed site analysis map shall be submitted to the Zoning Administrator for initial review prior to, or concurrently with, the submission of the preliminary plat of subdivision or the certified survey map or, if the proposed development does not involve a land division, then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of a concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property that has been previously approved by the Site Plan Review Committee may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.
[2]
Review by Site Plan Review Committee. The Site Plan Review Committee shall review the submitted detailed site analysis map for general compliance with the following data sources:
[a]
The Official Zoning Map;
[b]
Applicable USGS 7.5-minute topographic maps for the City of Watertown and its environs;
[c]
Air photos of the subject property;
[d]
USGS Quads and other sources of topographic information;
[e]
Applicable FEMA and related floodplain maps;
[f]
Applicable federal and state wetland inventory maps;
[g]
The City of Watertown Comprehensive Plan;
[i]
Site visits.
[3]
Evaluation. The Zoning Administrator shall provide the petitioner with a written evaluation of the submitted detailed site analysis map, which shall indicate the acceptance by the Site Plan Review Committee or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.
[4]
Modification of detailed site analysis map. If necessary, as determined by the Site Plan Review Committee, revised detailed site analysis maps shall be prepared and submitted for review by the Site Plan Review Committee until a version is deemed acceptable. Committee review of the detailed site analysis may be appealed to the Zoning Board of Appeals as a matter of interpretation of this chapter. (See § 550-156.)
[5]
Acceptance of detailed site analysis map. Upon notification of acceptance by the Site Plan Review Committee (or, in case of appeal, by determination of the Zoning Board of Appeals), the petitioner may proceed with the submittal of necessary development documents.
(d)
Integration of detailed site analysis information with required development and/or land division. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed plat of subdivision or certified survey map.
D.
Standards for evaluation. The Site Plan Review Committee shall be governed by the following guidelines in its review of site development plans. Because each site development proposal will present unique characteristics, the guidelines set out in this section are to be considered but need not all be met for the site plan to be approved by the Committee.
(1)
There is a desirable, efficient and workable interrelationship between buildings, parking, traffic circulation, landscaping, open space, and related activities and uses, which shall be maintained.
(2)
Based on anticipated vehicular and pedestrian traffic generation and the standards and policies of the Comprehensive Plan, adequate rights-of-way and improvements to the streets, pedestrian ways, bikeways and other means of access and circulation within the boundaries of the site are provided by the proposed development.
(3)
There are adequate off-street parking and loading facilities provided in a safe, well-designed and efficient manner.
(4)
All signs and illumination meet requirements of the applicable ordinances and are compatible with the site and the general area.
(5)
The use of the subject property does not involve use of urban land which will result in landlocked or undeveloped remnants.
(6)
The structures and public facilities serving the site are designed and constructed in accordance with appropriate codes and/or City standards at a level which will provide adequate fire protection, protection from crime, and avoidance of traffic accidents or hazardous conditions.
(7)
The quality, location, size and materials of walls, fences, berms, traffic islands, screen plantings, landscaped areas and similar items are such that they serve their intended purpose to prevent erosion, retain smoke, dust and noxious fumes, retard noise emissions, and separate disharmonious uses and do not adversely affect surrounding uses.
(8)
Due consideration is given in the site development plan to the preservation and enhancement of historical or natural structures or features.
(9)
All reasonable efforts have or will be taken to minimize construction and post-construction impact on natural vegetation, waterways, wetlands and terrain.
(10)
The estimated public costs of providing additional capital improvements for streets, sewers and water mains to the area of the site and the additional estimated annual costs of providing other municipal services to the area of the site are reasonable in relationship to the public benefits.
(11)
Additional standards and guidelines may be adopted by the Site Plan Review Committee or Plan Commission, only upon review and approval of the Common Council.
E.
Action by Site Plan Review Committee.
(1)
The Site Plan Review Committee shall meet on at least one occasion for preliminary review of the proposed site development plan between the date of submission of the plan to the Zoning Administrator or his designee and the next regular Plan Commission meeting.
(2)
The recommendations of the Site Plan Review Committee shall be forwarded to the Plan Commission within 30 days of the filing of the site development plan by the property owner. The Site Plan Review Committee may recommend either to approve, to conditionally approve with specific conditions, or to deny the site development plan. The recommendations of the Committee shall be in writing and shall specify the reasons for the recommendations together with specific recommended terms and conditions, if any, to be included in any approval. The Site Plan Review Committee shall note instances where its comments reflect violations of City, state or federal regulations, or commonly accepted site design practices designed to protect the public health and safety, and distinguish such comments from comments related to development efficiencies, economies, conveniences, aesthetics and similar issues not directly related to regulations nor the public health and safety. The time period for submission of the recommendations of the Site Plan Review Committee to the Plan Commission may be extended for a period not to exceed 30 days, allowing for continuances, revisions or additions to the plan, and for other just cause, by the Plan Commission.
(3)
The Site Plan Review Committee may suggest imposition of reasonable conditions calculated to secure the purposes and requirements of this section, including but not limited to written guarantees, performance bonds or other comparable security, subject to approval by the City Attorney.
(4)
The property owner may submit information to the Plan Commission in response to the report of the Site Plan Review Committee for consideration by the Commission.
(5)
The Site Plan Review Committee shall limit comments regarding the development of municipal facilities to proposed physical development and shall not be concerned with operational aspects, if operations are controlled by another City-established board or commission. Where a detailed site plan and related development policies have been approved by the Plan Commission and Common Council, development consistent with such plan and policies, as determined by the Building Inspector, shall not require Site Plan Review Committee approval. This section shall in no way restrict or constrain the ability of City officials to enforce sound public health and safety practices on an ongoing basis.
F.
Appeal from action by the Site Plan Review Committee. An appeal from the decision of the Site Plan Review Committee may be taken to the Plan Commission by the property owner of the proposed site development plan, or by 50% or more of the property owners with property within 100 feet of the site development objecting to the approval or rejection of such site development plan. Such appeals must specify the grounds therefor and address the report and recommendations of the Committee. Said appeal must be filed with the Zoning Administrator within 10 days of the final written decision of the Site Plan Review Committee, who shall then file such appeal with the Plan Commission. The Plan Commission shall fix a reasonable time for the hearing of the appeal and give public notice thereof as well as due notice to the parties in interest and decide the same within a reasonable period of time. The action of the Site Plan Review Committee shall be deemed just and equitable unless the Plan Commission, by a favorable vote of 3/4 of its members, reverses or modifies the action of the Site Plan Review Committee. Said decision of the Plan Commission shall be in writing and shall be provided to the property owner and other parties in interest within 10 days of the date of the hearing. The fee for an appeal shall be returned to the applicant in cases where the Plan Commission approves the appeal.
G.
Effect of decision of Plan Commission.
(1)
Upon approval of the proposed site development plan, with or without conditions, the Public Works Director/City Engineer or his designee shall apply a stamp of approval to the site development plan for the property owner containing the approved date, the Public Works Director/Engineer's or his designee's signature, and specifying any such conditions or terms thereof as outlined in the written decision of the Plan Commission. The issuance of such a permit shall indicate compliance with this section and shall entitle the property owner to receive any other permits or licenses necessary for the proposed site development.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
The denial of the application for a proposed site development plan by the Plan Commission shall be deemed final, subject to the appeal provisions of Subsection F, and the property owner shall not be entitled to receive any further permits or licenses from the City or to proceed with the site development unless and until said plan has been has been resubmitted or changed in accordance with the decision of the Plan Commission. Any such resubmitted plan shall be deemed to be a new application under this section.
H.
Initiation of land use or development activity. Except with the written permission of the Zoning Administrator, absolutely no land use or development activity, including site clearing, grubbing or grading, shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.
I.
Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of Subsection B above so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
J.
Sunset clause. The approval for all buildings on an approved site plan not fully developed within two years of final Plan Commission approval of Site Plan Review Committee minutes shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The Plan Commission may extend this period, as requested by the applicant, through the conditional use process following a public hearing.
§ 550-146 Certificate of occupancy.
It shall be unlawful for any owner, lessee or tenant to occupy any structure, building or land, or part thereof, hereafter erected, created, changed, converted or enlarged unless a occupancy permit shall have been issued by the Zoning Administrator after inspection. Such occupancy permit shall show and certify that such building, structure or premises has been constructed, altered or improved in compliance with provisions of this chapter, the Building Code and all other applicable codes or ordinances, and all conditions and requirements stipulated by the Plan Commission or other proper authority.
§ 550-147 Variance review and approval procedures.
A.
Purpose. The purpose of this section is to provide regulations which enable the City to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest, where, owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done, as provided for by § 62.23(7)(e)7, Wis. Stats.
B.
Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) of the subject property, lease holders, or contract purchasers.
C.
Application requirements. All applications for requested variances shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
A map of the subject property, showing all lands for which the variance is proposed and all other lands within 100 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dodge and/or Jefferson County (as determined by the City of Watertown). Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the City as a whole;
(3)
A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property;
D.
Review by the Zoning Administrator. The requested variance shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(3)
The Zoning Administrator shall also evaluate the application to determine whether the requested variance is in harmony with the recommendations of the City of Watertown's Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:
(a)
What exceptional or extraordinary circumstances or special factors are present which apply only to the subject property? The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:
[1]
The hardship or difficulty shall be peculiar to the subject property and different from that of other properties and not one which affects all properties similarly. Such a hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel, unusual topography or elevation, or because the property was created before the passage of the current applicable zoning regulations, and is not economically suitable for a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space and setback requirements are observed.
[2]
Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance.
[3]
Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property, reducing the remainder of said property below buildable size or cutting off existing access to a public right-of-way, or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships.
[4]
Violations by or variances granted to neighboring properties shall not justify a variance.
[5]
The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.)
(b)
In what manner do the factors identified in Subsection D(3)(a) above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.
(c)
Would the granting of the proposed variance be of substantial detriment to adjacent properties? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.
(d)
Would the granting of the proposed variance as depicted on the required site plan [see Subsection C(4) above] result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions and policies of this chapter, the Comprehensive Plan, or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide growth and development? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.
(e)
Have the factors which present the reason for the proposed variance been created by the act of the applicant or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan or orientation, lotting pattern, or grading) after the effective date of this chapter (see § 550-11)? The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant, a previous property owner or their agent.
(f)
Does the proposed variance involve the regulations of Article IV? The response to this question shall clearly indicate that the requested variance does not involve the provisions of the article.
(4)
The Zoning Administrator shall forward the report per Subsection D(2) and (3) to the Zoning Board of Appeals for the Board's review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of this chapter and the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and determination by the Zoning Board of Appeals.
(1)
Within 30 days after filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed variance per Subsection C(1) and (3) above. In addition, at least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant for the proposed variance, to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property, and to all property owners within 200 feet of the boundaries of the subject property as identified in Subsection C(1) above. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2)
Within 60 days after the holding of the public hearing [per Subsection E(1) above or within an extension of said period approved by the applicant and granted by the Zoning Board of Appeals], the Zoning Board of Appeals will make its findings per Subsection D above and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time to time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.
(3)
If the Zoning Board of Appeals fails to make a determination within 60 days after said public hearing, then the request for the variance shall be considered approved.
F.
Effect of denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
G.
Limited effect of a variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted and shall not be construed as precedent for any other proposed variance.
H.
Stay of proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this chapter from which the applicant is requesting a variance, unless the Zoning Administrator certifies to the Zoning Board of Appeals after the request for the variance has been filed that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.
I.
Notice to the DNR. The Zoning Board of Appeals shall transmit a copy of each application for a variance to conservancy regulations in the Shoreland-Wetland, Floodway, Floodplain Conservancy or Floodway Fringe Overlay Zoning Districts, and a copy of all shoreland floodland appeals, to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to shoreland conservancy regulations or to floodland regulations and a copy of all decisions on shoreland conservancy and floodland appeals shall be transmitted to the DNR within 10 days of the date of such decision.
§ 550-148 Interpretations.
A.
Purpose. The purpose of this section is to assign responsibility for the official interpretation of the provisions of this chapter and to describe the required procedure for securing such interpretation.
B.
Initiation of request for an interpretation. Proceedings for an interpretation may be initiated by any of the following four methods:
C.
Application requirements. All applications for interpretations, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator and shall be certified as complete by the Zoning Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Upon certification, the official notice regarding the application will be sent to the newspaper by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
All requests for interpretations shall clearly indicate the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.
(2)
If the requested interpretation relates to the application of this chapter to a specific property, the additional following information shall be required:
(a)
A map of the subject property, showing all lands for which the interpretation is requested and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dodge and/or Jefferson County as provided by the City of Watertown. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(b)
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the City as a whole;
(c)
A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings and structures currently located on and proposed for the subject property; and
(3)
If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter, a series of written responses to the following questions:
(a)
How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the City of Watertown's Comprehensive Plan, this chapter and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the City?
(b)
How is the subject land use in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought?
(c)
Do the potential public benefits of the proposed interpretation outweigh any and all potential adverse impacts of the proposed interpretation?
D.
Review by Zoning Administrator.
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2)
Upon notifying the applicant that the application is complete, and within 30 days of such filing, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application per Subsection C above. This review shall also take into consideration the standards for review presented in Subsection E below. The Zoning Administrator shall also evaluate the application to determine whether the requested interpretation is in harmony with the recommendations of the City of Watertown's Comprehensive Plan.
(3)
The Zoning Administrator shall forward a report to the applicant indicating the interpretation of the Zoning Administrator. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Standards for review of requested interpretations. This chapter shall be interpreted in a manner which is consistent with the purposes intended by the City of Watertown Common Council as noted in this chapter and the Comprehensive Plan. The intent of the standards and supporting definitions of this chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified or existing land use. To this end, those called upon to interpret this chapter shall proceed as follows:
(1)
Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required.
Rationale: Before any zoning interpretation is made, there must be an explicit discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable potential negative impact. A sound interpretation of any standard cannot be ensured without careful analysis of the regulation and the end toward which it is directed. It is understood that there may be other public purposes underlying the interpretation which are not explicitly articulated. |
(2)
Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public.
Rationale: There is a critical distinction between an interpretation which provides a greater degree of design freedom to achieve a permitted land use and an interpretation which permits a new or not previously permitted use, or which allows a use to be enlarged or have its intensity increased beyond the degree specified in this chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter is to be prohibited. |
(3)
Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal.
Rationale: If an interpretation would merely allow a design solution that is slightly different from the one expressly stated or permitted, and if it would result in a same or greater degree of protection to any affected party (either the adjoining landowners, the public at large, and/or a future property owner or renter), such an interpretation may be appropriately made. Any interpretation which would result in any identifiable loss of protection for one group to the benefit of others is contrary to the spirit of this chapter. Similarly, any interpretation which would either increase the nuisance potential of any use or alter the purpose for which the regulation was adopted shall be considered counter to the legislative intent of this chapter. Any interpretation which will result in any loss of protection or increase in intensity beyond that already permitted shall only be made if the party interpreting this chapter has the power to impose additional restrictions or requirements. |
(4)
This chapter has been carefully designed by the Common Council to combine maximum achievement of public goals and the protection of adjoining property owners while providing flexibility for property owners to use their land for a variety of uses consistent with the goals and objectives of the Comprehensive Plan of the City of Watertown. Great care has been taken to balance the rights of competing groups while achieving maximum protection with flexibility and a range of use options. Persons interpreting this chapter should not substitute their own judgments for the legislative acts of the Common Council.
(5)
In addition to the applicant's response to the questions required by Subsection C above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:
(a)
No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Common Council on an application for an amendment to this chapter, the Official Zoning Map, or a previously applied for appeal from a requested interpretation.
(b)
No interpretation shall permit a land use listed as a use permitted by right, a special use or a conditional use in another zoning district if the use is not listed as permitted in the zoning district of the subject property (see § 550-46).
(d)
No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district or permitted in a more intensive district in the same zoning district category (see §§ 550-46 and 550-130).
F.
Effect of a favorable land use interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing and processing of applications for any permits and approvals which may be required by this chapter. These permits and approvals include, but are not limited to, required site plans, special use permits, conditional uses, and certificates of occupancy.
G.
Limitations on favorable land use interpretation.
(1)
No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a occupancy permit is obtained and a use commenced within that period.
(2)
An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
I.
Appeals of zoning interpretations.
(1)
Purpose. The purpose of this subsection is to provide regulations which enable the City to hear and decide requests for appeals from the interpretations of the Zoning Administrator per this section as provided for by § 62.23(7)(e)7, Wis. Stats.
(2)
Initiation of request for review of zoning interpretation. Proceedings for the review of an appeal may be initiated by any person aggrieved or by any officer, department, council or bureau of the City affected by any decision of the Zoning Administrator.
(3)
Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of Subsection I(4) below within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-day period shall constitute a final and binding waiver of the right to appeal said interpretation.
(4)
Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per Subsection I(2) above, shall be filed in the office of the Zoning Administrator and shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the Zoning Board of Appeals. Said complete application shall be accompanied by all of the following:
(a)
A copy of pertinent items in the file on the matter at hand maintained by the Zoning Administrator, as identified by the Zoning Administrator and/or the applicant.
(b)
A written statement from the applicant indicating the reasons why an appeal is justified, based upon an analysis of the Zoning Administrator's interpretation. This statement shall be dated and signed by the applicant.
(5)
Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator in the following steps:
(a)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(b)
Upon notifying the applicant that the application is complete, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the requested appeal is in harmony with the recommendations of the City of Watertown's Comprehensive Plan.
(c)
The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Comprehensive Plan or this chapter, the Zoning Administrator shall note this determination in the report.
(6)
Review and action by the Zoning Board of Appeals.
(a)
Within 45 days after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall schedule a reasonable time and place for a public hearing to consider the application. Notice of the appeal and said public hearing shall conform to § 63.23(7)(d), Wis. Stats. Said notice shall contain a description of the issue per Subsection I(4)(b) above. At least 10 days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant, to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter, and to any property owner within 200 feet of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(b)
Within 60 days after the filing of the complete application as determined by the Zoning Administrator (or within an extension of said period requested in writing by the applicant and granted by the Zoning Board of Appeals), the Zoning Board of Appeals shall make its findings per Subsection I(5) above. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting or may continue the proceedings at the applicant's request. Said final action shall be followed by a written report, which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.
(c)
If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered approved.
(7)
Effect of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
(8)
Limited effect of a favorable ruling on an appeal.
(a)
No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a occupancy permit is obtained and a use commenced within that period.
(b)
A ruling by the Zoning Board of Appeals on an appeal, finding a particular land use to be permitted or conditionally permitted in a specified zoning district, shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
§ 550-149 Historic preservation regulations.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
Historic preservation regulations are contained in Chapter 325, Historic Preservation, of the City Code.
§ 550-150 Community Entry Corridor Overlay Zoning District.
[Amended 1-7-2025 by Ord. No. 24-33]
The following requirements shall be effective upon the date of adoption date of depicting these overlay zoning districts on the Official Zoning Map. Any new development, other than single-family and two-family residential.
A.
Requirement of compatibility. Proposed site design and construction within this district, including new structures and building additions, shall be reviewed per § 550-145, Site plan review and approval procedures, by the Plan Commission. The building setback, height, mass, roof form, exterior materials, exterior surface appurtenances, exterior colors, landscaping and lighting shall be compatible with the following general design theme, as determined by the Plan Commission.
B.
Design standards for multi-family residential development. The general design theme for multi-family residential development within the Community Entry Corridor Overlay Zoning District shall be designed to accommodate typical impacts of transportation and nearby nonresidential development, particularly through the use of building orientation, door and window location and design, and on-site landscaping and related buffering structures or berms. Above and beyond such concerns, particular attention shall be devoted to ensuring that selected multi-family residential design components complement nearby residential styles with high-quality building materials, in an attractive manner as becoming an entry corridor, and as determined by the Plan Commission. Where a detailed neighborhood plan has been adopted, it should be used to provide additional guidance in the design review process.
C.
Design standards for nonresidential development. The general design theme for nonresidential development within the Community Entry Corridor Overlay Zoning District shall be characterized by high-quality building materials, architectural design, site design and on-site landscaping. Prominent urban design elements and architectural details, which are decorative and functional, shall be considered as a required component of each site within the district. Above and beyond such concerns, particular attention shall be devoted to ensuring that selected nonresidential design components complement nearby nonresidential styles and reflect positively on the character of the community, as becoming an entry corridor, and as determined by the Plan Commission. Where a detailed neighborhood plan has been adopted, it should be used to provide additional guidance in the design review process.
(1)
Building exterior materials shall be of high quality on all sides of the structure, including glass, brick, decorative concrete block or stucco. Decorative architectural metal with concealed fasteners may be approved with special permission from the City.
(2)
Building exterior design shall be unified in design and materials throughout the structure and shall be complementary to other structures in the vicinity. However, the development shall employ varying building setbacks, height, roof, treatments, door and window openings, and other structural and decorative elements to reduce the apparent size and scale of the structure. A minimum of 20% of the combined facades of the structure shall employ actual facade protrusions or recesses. A minimum of 20% of the combined linear roof eave or parapet lines of the structure shall employ differences in height of eight feet or more. Roofs with particular slopes may be required by the City to complement existing buildings or otherwise establish a particular aesthetic objective.
(3)
Mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground-level views with materials identical to those used on the building exterior.
(4)
Public entryways shall be prominently indicated from the building's exterior design and shall be emphasized by on-site traffic flow patterns. All sides of the building that directly face or abut a public street shall have public entrances.
(5)
Parking lot design shall employ interior landscaped islands with a minimum of 400 square feet at all parking islands, and in addition shall provide a minimum of one landscaped island of a minimum of 400 square feet in each parking aisle for every 20 cars in that aisle. Aisle-end islands shall count toward meeting this requirement. Landscaped medians shall be used to break large parking areas into distinct pods, with a maximum of 100 spaces in any one pod.
(6)
On-site landscaping shall be provided per the landscaping requirements of this chapter, except that building foundation landscaping and paved area landscaping shall be provided at 1.5 times the required landscape points for development in the zoning district.
(7)
The entire development shall provide for full and safe pedestrian and bicycle access within the development and shall provide appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods, including sidewalk connections to all building entrances from all public streets. The development shall provide secure bicycle parking and pedestrian furniture in appropriate quantities and location. A central pedestrian gathering area shall be provided.
(8)
The Plan Commission may waive any of the above standards by a three-fourths' vote of members in attendance, but only if supplemental design elements or improvements are incorporated into the project that compensate for the waiver of the particular standard.
§ 550-151 Community Gateway Overlay Zoning District.
The following requirements shall be effective upon the date of adoption of detailed neighborhood plans and upon the date of depicting these overlay zoning districts on the Official Zoning Map. Any new development, other than single-family residential, in this overlay zoning district shall be regulated as a conditional use, subject to the site design requirements of Article VI.
A.
Requirement of compatibility. Proposed site design and construction within this district, including new structures and building additions, shall be reviewed per § 550-145, Site plan review and approval procedures, by the Plan Commission. The building setback, height, mass, roof form, exterior materials, exterior surface appurtenances, exterior colors, landscaping and lighting shall be compatible with the following general design theme, as determined by the Plan Commission.
B.
Design standards for residential development. The general design theme for residential development within the Community Gateway Overlay Zoning District shall be designed to accommodate typical impacts of transportation and nearby nonresidential development and to assist in creating a sense of welcome to the City of Watertown, particularly through the use of building orientation, door and window location and design, and on-site landscaping and related buffering structures or berms. Above and beyond such concerns, particular attention shall be devoted to ensuring that selected residential design components complement nearby residential styles with high-quality building materials, in an attractive manner as becoming a gateway entry to the community, as determined by the Plan Commission. Where a detailed neighborhood plan has been adopted, it should be used to provide additional guidance in the design review process.
C.
Design standards for nonresidential development. The general design theme for nonresidential development within the Community Gateway Overlay Zoning District shall be characterized by high-quality building materials, architectural design, site design and on-site landscaping. Prominent urban design elements and architectural details, which are decorative and functional, shall be considered as a required component of each site within the district. Above and beyond such concerns, particular attention shall be devoted to ensuring that selected nonresidential design components complement nearby nonresidential styles and reflect positively on the character of the community and assist in creating a sense of welcome to the City of Watertown, as becoming a gateway entry area to the community, and as determined by the Plan Commission. Where a detailed neighborhood plan has been adopted, it should be used to provide additional guidance in the design review process.
§ 550-152 Planned development procedures.
[Amended by Ord. No. 08-19; 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24; 9-15-2020 by Ord. No. 20-21; 7-5-2022 by Ord. No. 22-63; 1-7-2025 by Ord. No. 24-33]
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed planned developments and to provide for the possible relaxation of certain development standards pertaining to the underlying overlay zoning district.
(2)
Planned developments are intended to provide more incentives for infill development and redevelopment in areas of the community that are experiencing a lack of significant reinvestment. Furthermore, planned developments are designed to forward both the aesthetic and economic development objectives of the City by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping and parking requirements. In exchange for such flexibility, the planned development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.
(3)
Planned developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, planned developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case-by-case basis. In order to prevent this from occurring, all planned developments are required to meet certain procedural requirements applicable only to planned developments, in addition to the general requirements of this chapter. A public hearing process is required to review a request for a planned development.
B.
Provision of flexible development standards for planned developments.
(1)
Permitted location. Planned developments shall be permitted with the approval of a Planned Development Overlay Zoning District specific to the approved planned development.
(2)
Flexible development standards. The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a planned development:
(a)
Land use requirements. All land uses listed as "residential," "institutional" or "commercial" may be permitted within a planned development. Industrial land uses may only be allowed in planned developments that use an underlying zoning district which specifically list industrial uses as permitted or conditional uses.
(b)
Density and intensity requirements. All requirements listed for residential density and nonresidential intensity may be waived within a planned development.
(c)
Bulk requirements. All residential and nonresidential bulk requirements may be waived within a planned development.
(d)
Landscaping requirements. All landscaping requirements may be waived within a planned development.
(e)
Parking and loading requirements. All requirements for off-street parking, traffic circulation, and off-street loading may be waived within a planned development.
(f)
Waterway Overlay District requirements. All Waterway Overlay District requirements may be waived within a planned development.
(3)
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the Common Council as part of the approved planned development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading) is otherwise listed as permitted. Requested exemptions from these standards shall be made explicit by the applicant in the application and shall be recommended by the Plan Commission and approved explicitly by the Common Council. If not so requested and approved, such exemptions shall not be permitted.
C.
Initiation of request for approval of a planned development. Proceedings for approval of a planned development shall be initiated by:
D.
PD Process Step 1: Preapplication conference.
(1)
The applicant shall contact the Zoning Administrator to schedule a discussion regarding the potential PD application and to obtain informal feedback regarding the application and the PD process.
(2)
Appropriate topics for discussion may include the location of the PUD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and non-residential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the Comprehensive Plan. The discussion should also include a review of the justification for use of the PD overlay and whether alternative options such as rezoning to a standard zoning district or amending the proposed development plans are advised.
(3)
Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the City but should be considered as the informal nonbinding basis for proceeding to the next step.
E.
PD Process Step 2: Optional concept plan.
(1)
Optional review may be pursued at the request of the applicant or the Zoning Administrator. The applicant shall provide the Zoning Administrator with a draft PD concept plan submittal packet for a determination of completeness prior to placing the proposed PD on the Plan Commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for concept plan review:
(a)
A location map of the subject property and its vicinity at 11 inches by 17 inches.
(b)
A general written description of the proposed PD, including:
[1]
General project themes and images;
[2]
The general mix of dwelling unit types and/or land uses;
[3]
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;
[4]
The general treatment of natural features;
[5]
The general relationship to nearby properties and public streets;
[6]
The general relationship of the project to the Comprehensive Plan; and
[7]
An initial draft list of zoning standards which will not be met by the proposed PUD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PUD and the location(s) in which they apply shall be identified. The purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(c)
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives.
(2)
Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the City but should be considered as the informal nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal petition for rezoning which accompanies the general development plan (GDP) application.
F.
PD Process Step 3: General development plan (GDP).
(1)
The applicant shall provide the Zoning Administrator with a GDP plan submittal packet for a determination of completeness prior to placing the proposed GDP on the Plan Commission agenda for GDP review. This submittal packet shall contain all of the following items prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for GDP review:
(a)
A location map of the subject property and its vicinity at 11 inches by 17 inches.
(b)
A map of the subject property, showing all lands for which the planned infill development is proposed and all other lands within 200 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property and its environs. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(c)
A general written description of proposed PD, including:
[1]
General project themes and images.
[2]
The general mix of dwelling unit types and/or land uses.
[3]
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio.
[4]
The general treatment of natural features.
[5]
The general relationship to nearby properties and public streets.
[6]
The general relationship of the project to the Comprehensive Plan.
[7]
A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment that the applicant suggests are available through the proposed PD zoning.
[8]
A complete list of zoning standards which will not be met by the proposed PUD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply shall be identified. The purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(d)
A general development plan drawing at a minimum scale of one inch equals 100 feet (reduction of 11 inches by 17 inches) of the proposed project shall also be provided by the applicant, showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[1]
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives;
[2]
Location of recreational and open space areas and facilities, and specifically describing those that are to be reserved or dedicated for public acquisition and use;
[3]
Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or Common Council; and
[4]
Notations relating the written information provided in Subsection F(1)(c)[1] to [6] above to specific areas on the GDP drawing.
(e)
A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping and the compliance of development with all landscaping requirements of this chapter (except as noted in the listing of exceptions), and the use of extra landscaping and bufferyards.
(f)
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from City standards or common practices.
(g)
Written justification for the proposed planned development.
(h)
Written demonstration of financial capability to complete all public and private improvements associated with the proposed PD.
(2)
The process and fees for review and approval of the GDP shall require a public hearing before the Plan Commission preceded by a Class II notice. The Plan Commission shall hold the formal public hearing, review the application, and make a recommendation for action on the application. The Mayor or Council representative on the Plan Commission may request an additional public hearing to be held by the Common Council. The Common Council shall take final action on consideration of the application.
(3)
All portions of an approved GDP not fully developed within five years of final Common Council approval shall lapse, and no additional PD-based development shall be permitted. Prior to the end of the five-year period, the property owner may request reapproval of the GDP for up to five additional years or shall request amendment of the GDP. Reapproval or amendment requests shall obtain a recommendation from the Plan Commission and approval from the Common Council following a public hearing held before the Plan Commission. If an application for renewal or amendment is not submitted, the Zoning Administrator may propose rezoning to the underlying zoning district or another standard zoning district. In the case of an expired PD, the base zoning district shall remain in effect and no development under the prior PD approvals may proceed.
G.
PD Process Step 4: Precise implementation plan (PIP).
(1)
After the effective date of the rezoning to GDP, the applicant may file an application for a proposed precise implementation plan (PIP) with the Plan Commission. Alternatively, a combination GDP and PIP application may be submitted if authorized by the Zoning Administrator and if all information required for both the GDP and PIP submittal is also included. In the case of a combination GDP/PIP, a public hearing is required in accordance with GDP procedures. Any PIP submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for PD review:
(a)
A location map of the subject property and its vicinity at 11 inches by 17 inches.
(b)
A map of the subject property, showing all lands for which the planned infill development is proposed and all other lands within 200 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property and its environs. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(c)
A general written description of the proposed PIP, including:
[1]
Specific project themes and images.
[2]
The specific mix of dwelling unit types and/or land uses.
[3]
Specific residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio.
[4]
The specific treatment of natural features.
[5]
The specific relationship to nearby properties and public streets.
(d)
A precise implementation plan drawing at a minimum scale of one inch equals 100 feet (reduction of 11 inches by 17 inches) of the proposed project shall also be provided by the applicant, showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[1]
A PIP site plan conforming to any and all the requirements of the site plan review and approval procedures. If the proposed planned development is a cluster development or a group development, a proposed preliminary plat or conceptual plat shall be provided in addition to the required site plan;
[2]
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;
[3]
Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or Common Council; and
[4]
Notations relating the written information provided in Subsection F(1)(c)[1] to [6] above to specific areas on the GDP drawing.
(e)
A landscaping plan for the subject property, specifying the location, species and installed size of all trees and shrubs. This plan shall also include a chart, which provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs.
(f)
A series of building elevations for the entire exterior of all buildings in the planned development, including detailed notes as to the materials and colors proposed.
(g)
A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles), and group development signage themes which are proposed to vary from City standards or common practices.
(h)
A general outline of the intended organizational structure for a property owners' association, if any; deed restrictions and provisions for private provision of common services, if any.
(i)
A written description which demonstrates the full consistency of the proposed PIP with the approved GDP.
(j)
Any and all variations between the requirements of the applicable GDP zoning district and the proposed PIP development.
(2)
The applicant shall submit proof of financial capability pertaining to construction, maintenance, and operation of all public and private improvements associated with the proposed PD.
(3)
The area included in a precise implementation plan may be only a portion of the area included in a previously approved general implementation plan.
(4)
The precise implementation plan (PIP) submission may include site plan and design information, allowing the Plan Commission to combine design review and review of the PIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
(5)
The Plan Commission or Common Council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the PIP, as such may be relevant to review.
(6)
The process and fees for review and approval of a PIP shall be identical to that for GDP approvals per this chapter.
(7)
All portions of an approved PIP not fully developed within five years of final Common Council approval shall lapse, and no additional PD-based development shall be permitted. The Common Council may extend this period up to five additional years via a majority vote following a public hearing. The applicant may also request reapproval or amendment of a previously approved PIP before the applicable five-year period lapses. In the case of an expired PIP, procedures shall be identical to that for GDP expirations per this chapter.
§ 550-153 Purpose of administrative regulations.
§ 550-154 Zoning Administrator.
[Amended 7-5-2022 by Ord. No. 22-63; 2-4-2025 by Ord. No. 25-02]
A.
Designation. The Zoning Administrator or a designee is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator is to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter.
B.
Duties. The provisions of this chapter shall be administered and enforced by the Zoning Administrator or a designee, who in addition thereto and in furtherance of said authority shall:
(1)
Determine that all detailed site analyses, building permits, certificates of occupancy, sign permits and site plans (and their constituent plans) comply with all provisions of this chapter.
(2)
Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.
(3)
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
(4)
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications therefor.
(5)
Record the first-floor and lowest-floor (basement or crawlway) elevations of all structures erected, moved, altered or improved in the floodland districts.
(6)
Receive, file and forward all applications for all procedures governed by this chapter to the designated official bodies.
(7)
Investigate all complaints made relating to the location of structures and the use of structures, lands and waters; give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises; and report uncorrected violations to the City Attorney in a manner specified by him.
(8)
Institute, in the name of the City of Watertown, any appropriate actions or proceedings against a violator of this chapter as provided by law.
(9)
Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.
(10)
Where useful, the Zoning Administrator or his agent may set marks on bridges or buildings or other markers which show the depth of the regional flood or may set marks delineating the boundaries of wetlands.
(11)
Request assistance and cooperation from the City Police Department and City Attorney as deemed necessary.
(12)
Make available to the public, to the fullest extent possible, all reports and documents concerning the City's Comprehensive Plan and ordinances. In addition, information in the form of reports, bulletins, maps and engineering data shall be readily available and widely distributed. The Common Council may set fees necessary to recover the cost of providing information to the public.
(13)
The Public Works Director/City Engineer may be designated the Deputy Zoning Administrator by the Zoning Administrator.
§ 550-155 Plan Commission.
A.
The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the City to the Common Council, other public officials and other interested organizations and citizens. The Commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys.
B.
In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this chapter, its functions are primarily recommendatory to the Common Council pursuant to guidelines set forth in this chapter as to various matters, and always being mindful of the intent and purposes of this chapter. Recommendations shall be in writing. A recording thereof in the Commission's minutes shall constitute the required written recommendation. The Commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.
§ 550-156 Zoning Board of Appeals.
The Zoning Board of Appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this chapter (see § 550-147) or appeals regarding an interpretation of the Zoning Administrator of the provisions of this chapter (see § 550-148).
A.
Establishment and membership. A Zoning Board of Appeals is hereby established. The Zoning Board of Appeals shall consists of five members appointed by the Mayor, subject to confirmation by the Common Council, for three years, except that, of those first appointed, one shall serve for one year and two for two years. The members shall serve without compensation and shall be removable by the Mayor for cause upon written charges and after public hearing. The Mayor shall designate one of the members Chairperson. The Mayor shall appoint, subject to confirmation of the Council for staggered terms of three years, two alternate members of such Board in addition to the five members above provided for. Annually, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses or declines to vote, is disqualified because of interest or when a member is absent. The second alternate shall so act when the first alternate so refuses or declines to vote, is disqualified because of interest or is absent, or when more than one member so refuses or declines, is disqualified or is absent. Other provisions herein appearing, with regard to removal and filling of vacancies, shall apply to such alternates. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. Appointments shall be made at the organizational meeting the third Tuesday in April. Terms of office shall commence the first day of May. The City Clerk shall serve as Secretary of the Board. The Zoning Board of Appeals may employ other employees.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
Organization.
(1)
The Zoning Board of Appeals shall adopt rules for its government and procedure. Meetings of the Zoning Board of Appeals shall be held at the call of the Secretary and at such other times as the Zoning Board of Appeals may determine. The Chairperson, or in his absence an elected Acting Chairperson, may administer oaths and subpoena the attendance of witnesses. All meetings shall be open to the public.
(2)
The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Appeals, which is the City Clerk's office, and shall be a public record.
[Amended 7-5-2022 by Ord. No. 22-63]
C.
Powers.
(1)
The Zoning Board of Appeals shall have the following powers:
(a)
To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator.
(b)
To hear and decide special exceptions to the terms of this chapter upon which the Zoning Board of Appeals is required to pass.
(c)
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, when owing to special conditions a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(d)
Permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
(2)
In exercising the above-listed powers, the Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Zoning Administrator or other administrative officer from whom the appeal is taken. If a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect any variation in the requirements of this chapter.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(3)
In addition to the foregoing powers, the Zoning Board of Appeals shall have the following specific powers:
(a)
To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown on the Zoning Map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on the aforesaid map.
(b)
To call on any other City department for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.
(4)
Except as specifically provided, no action of the Zoning Board of Appeals shall have the effect of permitting in any district uses prohibited in such districts.
D.
Appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Watertown affected by any decision of the administrative officers. Such appeal shall be taken within a reasonable time, as provided by the rules of the Zoning Board of Appeals, by filing with the officer(s) from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof, together with payment of a filing fee as may be established by the Common Council. The officer(s) from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all papers constituting the record of appeals upon which the action appealed from was taken. The Zoning Board of Appeals shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time.
E.
Notice of hearing. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, cause notice thereof to be published in the official newspaper not less than seven days prior thereto, and cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than 10 days prior to the hearing to the fee owners of record of all land within 200 feet of any part of the subject building or premises involved in the appeal.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
F.
Hearings. Hearings on appeals shall be public and shall be conducted according to the rules of procedure adopted by the Board. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Decisions of the Board following public hearing may be made either in public or closed session, as the Board shall determine.
G.
Findings.
(1)
Findings of fact and reasons for all actions taken shall be reduced by the Board to writing in the minutes of the proceedings.
(2)
In the case of appeal based on variance, for the same to be granted the findings shall affirmatively show the following, together with the fact and the grounds therefor:
(a)
A literal enforcement of the terms of this chapter would result in practical difficulty or unnecessary hardship to the appellant.
(b)
The variance is not contrary to the public interest and will not endanger public safety.
(c)
The variance is in accord with the spirit of this chapter.
(d)
The variance will cause substantial justice to be done.
(3)
Further to be considered by the Board in case of appeal based on variance in arriving at its reasons and grounds for the above-required findings are the following:
(a)
Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use or conditional use in that particular district.
(b)
Exceptional circumstances. There may be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general recurrent nature as to suggest that the chapter should be changed.
(c)
Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
(d)
Preservation of property rights. Such variance may be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
(e)
Absence of detriment. Such variance should not create substantial detriment to adjacent property and shall not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
H.
Wetland and floodland mapping disputes. Refer to City Code Chapter 532, Floodplain and Shoreland-Wetland Zoning.
I.
Decision. The Zoning Board of Appeals shall decide all appeals and applications within 60 days after the public hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant, Zoning Administrator and City Plan Commission.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(1)
Conditions may be placed upon any zoning permit ordered or authorized by this Board.
(2)
Variances, substitutions, or use permits granted by the Board shall expire within six months, unless substantial work has commenced pursuant to such grant.
(3)
Applicants receiving variances in floodlands shall be notified, in writing, by the Zoning Board of Appeals that increased flood insurance premiums and risk to life or property may result from the granting of the variance. The Board shall keep a record of the notification in its files.
J.
Review by court of record. Any persons aggrieved by any decision of the Zoning Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the Board.
§ 550-157 Fees.
A.
Fees for procedures requested by a private party.
[Amended by Ord. No. 04-18; 10-4-2016 by Ord. No. 16-18]
(1)
The fees for the procedures and permits established by this chapter shall be set by resolution of the Common Council of the City of Watertown and provided under separate fee schedule. The following fees shall be utilized for the procedures listed below and shall take precedence over any other fee charges contained in this chapter.
(2)
Additional meetings for procedures shall be billed at a rate per meeting established by Common Council, unless waived by the Plan Commission based on special circumstances. Legal notices for these additional meetings shall be billed at cost. All fees under this subsection may be modified by Subsection D below.
B.
Fees for procedures requested by the City of Watertown. There shall be no fee in the case of applications filed in the public interest by the Common Council or the Plan Commission, other agency or official of the City of Watertown.
C.
Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the City (per the requirements of this chapter) and are not refundable.
D.
Reimbursable costs. The City may retain the services of professional consultants (including but not limited to engineers, landscape architects, architects, attorneys, environmental specialists, recreation specialists and other experts) to assist the City's review of a proposal coming before the Site Plan Review Committee, Plan Commission or Common Council. The City may apply the charges for the services to the applicant but shall first inform the applicant that the services will be retained and the estimated costs. The applicant shall have the right to withdraw the application if the additional costs are not acceptable. The City may delay acceptance of the application as complete or may delay final approval of the proposal until such fees are paid by the applicant. Fees which are applied to an applicant, but which are not paid, may be assigned by the City as a special assessment to the subject property.
§ 550-158 Violations and penalties.
A.
Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation) or construct or use any structure, land or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Subsection B below and, in addition, shall pay all costs and expenses, including actual reasonable attorneys' and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
B.
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this chapter or any order of the Zoning Administrator shall, upon conviction thereof, forfeit not more than $500 and costs of prosecution for each violation and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense.
(1)
City promulgated correction of violation. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the City reserves and maintains the continued right to abate violations of this chapter.
(2)
Hazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall cause the violation to be immediately abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection B(4) below. The Zoning Administrator is hereby authorized to abate a violation of this chapter.
(3)
Nonhazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall serve written notice by registered mail on the current owner of the property (as indicated by current City of Watertown tax records) on which said violation is occurring to remove said violation within 10 working days. If such violation is not removed within such 10 working days, the Zoning Administrator shall cause the violation to be abated per Subsection B(1) above. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection B(4) below.
(4)
Cost of abatement. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the cost of abating a violation of this chapter per Subsection B(2) and/or (3) above shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the City to abate the violation shall be kept, and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by registered mail and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Treasurer shall enter such charges onto the tax roll as a special charge as provided by § 66.0627, Wis. Stats.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24; 7-5-2022 by Ord. No. 22-63]