West Allis City Zoning Code

Subchapter V

Planned Development

19.51 Overlay Districts

PUD Authorized. The city and the owners of any number of contiguous lots may jointly establish a planned unit development over those lots. Any lots subject to a planned unit development shall be zoned PUD in addition to any other zoning district.
Effect. Regulations in each PUD may deviate from the underlying permanent zoning. Any adjustments shall promote the maximum benefit from coordinated area site planning, diversified location of structures, and mixed compatible uses. Such regulations shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and common facilities, and ensure adequate standards of construction and planning.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022
Amended by Ord. O-2023-0031- on 6/6/2023

19.52 Procedures

Pre-Application. Prior to the formal submission of an application for a Planned Development, the developer and/or property owner shall confer with the Development Department to obtain information and direction on development plan requirements and procedures. The Development Department may also initiate the request for a Planned Development.
Application. Applications for a Planned Development shall be made in writing to the Common Council by filing with the City Clerk and shall include the following:
1. Name, address, and signatures of the applicant and/or owner, architect, planner, and professional engineer.
2. Preliminary development plan including maps, preliminary building plans, and a written statement showing enough of the surrounding area to demonstrate the relationship of the proposed development to adjoining uses, both existing and proposed. The maps shall contain the following information:
  1. Plat of survey prepared by registered land surveyor.
  2. Existing topographic features of the land and proposed grading changes.
  3. Existing and proposed land uses.
  4. Site plan.
  5. and perspective drawings of all proposed structures and improvements.
3. Written statement which shall contain the following information:
  1. Statement of present ownership of all lands in the proposed project.
  2. Statement of proposed financing.
  3. Statement restricting the project to be constructed, as proposed, with written agreement that the City does have the right to hold building permits for any or all of the project if it does not conform to the original proposal, unless changes have been mutually agreed upon.
4. Development schedule which shall contain the following information:
  1. Approximate construction start date.
  2. Construction stages and approximate start and completion dates.
  3. Agreements, provisions, or covenants which govern the use, maintenance, and continued operation of the planned development and any of its common open areas.
Review. Upon the formal submission of the application and fee for a Planned Development, the Common Council shall refer the application to the Plan Commission for review and recommendation. As a result of this recommendation, the Common Council shall establish a date for a public hearing. Public hearing shall be held prior to any final action by the Common Council. Notice of public hearing shall be published as a Class II notice under Wis. Stat. Ch. 985.
Determination. The Common Council may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the zoning change to impose this Overlay District and of the specific project development plan.
1. The approval of an application and consequent amending of the Zoning Map by overlay of this Overlay District shall be based on, and include as conditions thereto, the building, site, and operational plans for the development, as approved, as well as all other commitments offered or required as regard to project value, character, or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the official submittal plan. Detailed construction and engineering plans are conditioned upon the subsequent submittal to, and approval by, the Building Inspector.
2. A subdivision development agreement relative to improvements shall be agreed with by the developer and the Board of Public Works.
Contract. The developer shall enter an appropriate contract with the City to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan approval.
1. If no construction has begun or no permanent use has been established in the Planned Development within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be no further effect. In its discretion and for good cause, the Common Council may extend, for not more than one additional year, the period for the beginning of construction on the establishment of a permanent use. If a final development plan and related restrictions and conditions lapse under the provisions of this Section, the City Clerk shall file a notice of revocation with the Register of Deeds of Milwaukee County.
2. After approval of the Planned Development by the Common Council, the developer shall, at the time of application for building permits, pay a fee to the City Treasurer computed on the basis of $300 per unit (residential, commercial or industrial). In the event the development consists of more than one billing or more than one phase, the fee shall be for those units for which a building permit is being requested and any credits due for fees previously tendered shall be on a proportional basis.
Failure to Begin Planned Development. If no construction has begun or no permanent use has been established in the Planned Development within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be of no further effect. The Common Council may extend the period to begin construction or establish the permanent use up to 1 additional year. If a final development plan and related restrictions and conditions lapse under the provisions of this Section, the City Clerk shall file a notice of revocation with the Register of Deeds of Milwaukee County.
Changes and Amendments
1. No changes shall be made in the approved final development plan and related restrictions and conditions during construction, except upon application under the procedures provided.
2. Minor changes in location, setting, and height of structures may be authorized by the Plan Commission if required by circumstances not foreseen at the time of the final development plan.
3. All other changes in use, rearrangement of lots, blocks, and building tracts, any changes in the provision of open spaces, and all other changes must be authorized by Common Council under the procedures authorized for approval of a Planned Development. No amendments may be made in the approved final development plan or related restrictions and conditions unless they are shown to be required by changes that have occurred in conditions since the final development plans and related restrictions and conditions were approved or by a change in the development policy of the City.
Subdivision and Resale. A Planned Development shall not be subdivided or re-subdivided for purposes of sale or lease without the approval of the Common Council, as required in this Subchapter. All sections of a subdivided Planned Development shall comply with the final development plan and related restrictions and conditions, as approved by the Common Council, unless changes thereto have been approved in accordance with this Section.?
Compliance. Upon any question related to compliance of an approved Planned Development, with the conditions and regulations as herein established and made specifically applicable to such development, the appropriate responsible party shall be given at least 15 days’ notice to appear before the Plan Commission to answer such charge of noncompliance. If the Plan Commission finds the change substantiated and does not receive adequate assurance that the situation will be corrected within a reasonable time, as determined by the Plan Commission, it shall then recommend to the Common Council appropriate action to secure compliance or to revoke the approval of the development plan. Upon such revocation, no further building permits shall be issued within the project until approval has been reinstated in whole or part. In the case of failure to resolve the problem or to complete the development for any reason, the Common Council may require revision of the development plan to whatever degree is deemed necessary to achieve modified development with consideration of the specific problems of adjustment to the surrounding neighborhood consistent with the spirit and intent of the basic zoning regulations and of the original grant of the planned unit development approval.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022
Amended by Ord. O-2022-0142 on 10/18/2022

19.53 Review And Approval

Consistency. The proposed development is consistent with the spirit and intent of this chapter, is in conformity with the general character of the City and would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood. The benefits from improved design of the development justifies the variation from the normal requirements of this chapter through the application of a Planned Development.
Demonstrated Competent Planning. The proponents of the proposed development demonstrated that they intend to start and complete construction within a reasonable time period, have the financial capacity to carry out the project, and the project appears economically sound.
Compatibility with Surrounding Area. The size, quality, and architectural design of all buildings in the project will be compatible with the general character of the City and specifically the surrounding neighborhood. The following criteria shall be applied:
1. No building shall be permitted an unorthodox, abnormal, unsightly, or offensive design or exterior appearance in relation to the surroundings.
2. No individual building shall be permitted the design or exterior appearance that is so identical with the adjoining buildings that it creates excessive monotony and drabness.
3. No building shall be permitted without an exposed façade that is aesthetically compatible with other facades and presents an attractive appearance.
4. No building shall be permitted to be sited on the property in a manner which would unnecessarily destroy or damage the natural beauty of the area, particularly if it would adversely impact values incident to land ownership or the beauty and enjoyment of existing residence on adjoining properties.
Landscaping and Screening Bond. A surety bond or other form of security in the amount of 125% of the estimated cost of the landscaping and screening warranting and guaranteeing the landscape and screening plan as submitted and approved by the Plan Commission as part of the development. The bond shall be approved by the City Attorney prior to issuance of any building permits.
Commercial Developments
1. The economic practicality can be justified based on purchasing potential, competitive relationship, and demonstrated tenant interest.
2. The proposed development will be appropriately served by off-street parking and truck service facilities.
3. The locations for vehicular entrances and exits are designed to prevent unnecessary interference with the site, efficient movement of traffic, safety, accessibility for all road users, and will not create an adverse effect upon the general traffic pattern of the area.
4. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not substantially adversely impacting property values of the surrounding neighborhood.
Industrial Developments
1. The operational character, physical plant arrangement, and architectural design of buildings will be compatible with contemporary performance standards and industrial development design and will not produce an effect upon the property values of the surrounding neighborhood substantially incompatible with that anticipated under the City's Comprehensive Plan for development.
2. The proposed development will have appropriate provisions for off-street parking and truck service areas and will be adequately served by rail or highway facilities.
3. The proposed development is properly related to the total transportation system of the community and will not produce an effect on the safety and efficiency of the public streets substantially incompatible with that anticipated under the City's traffic plans.
Mixed Use Developments
1. That the proposed mixture of uses produces a unified composite which is compatible within itself and is substantially compatible with the surrounding neighborhood and consistent with the general objectives of this Section.
2. That the various types of uses conform to the general requirements applicable to projects of such use character.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022

O-2022-0024

O-2023-0031-

O-2022-0142

West Allis City Zoning Code

Subchapter V

Planned Development

19.51 Overlay Districts

PUD Authorized. The city and the owners of any number of contiguous lots may jointly establish a planned unit development over those lots. Any lots subject to a planned unit development shall be zoned PUD in addition to any other zoning district.
Effect. Regulations in each PUD may deviate from the underlying permanent zoning. Any adjustments shall promote the maximum benefit from coordinated area site planning, diversified location of structures, and mixed compatible uses. Such regulations shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and common facilities, and ensure adequate standards of construction and planning.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022
Amended by Ord. O-2023-0031- on 6/6/2023

19.52 Procedures

Pre-Application. Prior to the formal submission of an application for a Planned Development, the developer and/or property owner shall confer with the Development Department to obtain information and direction on development plan requirements and procedures. The Development Department may also initiate the request for a Planned Development.
Application. Applications for a Planned Development shall be made in writing to the Common Council by filing with the City Clerk and shall include the following:
1. Name, address, and signatures of the applicant and/or owner, architect, planner, and professional engineer.
2. Preliminary development plan including maps, preliminary building plans, and a written statement showing enough of the surrounding area to demonstrate the relationship of the proposed development to adjoining uses, both existing and proposed. The maps shall contain the following information:
  1. Plat of survey prepared by registered land surveyor.
  2. Existing topographic features of the land and proposed grading changes.
  3. Existing and proposed land uses.
  4. Site plan.
  5. and perspective drawings of all proposed structures and improvements.
3. Written statement which shall contain the following information:
  1. Statement of present ownership of all lands in the proposed project.
  2. Statement of proposed financing.
  3. Statement restricting the project to be constructed, as proposed, with written agreement that the City does have the right to hold building permits for any or all of the project if it does not conform to the original proposal, unless changes have been mutually agreed upon.
4. Development schedule which shall contain the following information:
  1. Approximate construction start date.
  2. Construction stages and approximate start and completion dates.
  3. Agreements, provisions, or covenants which govern the use, maintenance, and continued operation of the planned development and any of its common open areas.
Review. Upon the formal submission of the application and fee for a Planned Development, the Common Council shall refer the application to the Plan Commission for review and recommendation. As a result of this recommendation, the Common Council shall establish a date for a public hearing. Public hearing shall be held prior to any final action by the Common Council. Notice of public hearing shall be published as a Class II notice under Wis. Stat. Ch. 985.
Determination. The Common Council may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the zoning change to impose this Overlay District and of the specific project development plan.
1. The approval of an application and consequent amending of the Zoning Map by overlay of this Overlay District shall be based on, and include as conditions thereto, the building, site, and operational plans for the development, as approved, as well as all other commitments offered or required as regard to project value, character, or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the official submittal plan. Detailed construction and engineering plans are conditioned upon the subsequent submittal to, and approval by, the Building Inspector.
2. A subdivision development agreement relative to improvements shall be agreed with by the developer and the Board of Public Works.
Contract. The developer shall enter an appropriate contract with the City to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan approval.
1. If no construction has begun or no permanent use has been established in the Planned Development within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be no further effect. In its discretion and for good cause, the Common Council may extend, for not more than one additional year, the period for the beginning of construction on the establishment of a permanent use. If a final development plan and related restrictions and conditions lapse under the provisions of this Section, the City Clerk shall file a notice of revocation with the Register of Deeds of Milwaukee County.
2. After approval of the Planned Development by the Common Council, the developer shall, at the time of application for building permits, pay a fee to the City Treasurer computed on the basis of $300 per unit (residential, commercial or industrial). In the event the development consists of more than one billing or more than one phase, the fee shall be for those units for which a building permit is being requested and any credits due for fees previously tendered shall be on a proportional basis.
Failure to Begin Planned Development. If no construction has begun or no permanent use has been established in the Planned Development within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be of no further effect. The Common Council may extend the period to begin construction or establish the permanent use up to 1 additional year. If a final development plan and related restrictions and conditions lapse under the provisions of this Section, the City Clerk shall file a notice of revocation with the Register of Deeds of Milwaukee County.
Changes and Amendments
1. No changes shall be made in the approved final development plan and related restrictions and conditions during construction, except upon application under the procedures provided.
2. Minor changes in location, setting, and height of structures may be authorized by the Plan Commission if required by circumstances not foreseen at the time of the final development plan.
3. All other changes in use, rearrangement of lots, blocks, and building tracts, any changes in the provision of open spaces, and all other changes must be authorized by Common Council under the procedures authorized for approval of a Planned Development. No amendments may be made in the approved final development plan or related restrictions and conditions unless they are shown to be required by changes that have occurred in conditions since the final development plans and related restrictions and conditions were approved or by a change in the development policy of the City.
Subdivision and Resale. A Planned Development shall not be subdivided or re-subdivided for purposes of sale or lease without the approval of the Common Council, as required in this Subchapter. All sections of a subdivided Planned Development shall comply with the final development plan and related restrictions and conditions, as approved by the Common Council, unless changes thereto have been approved in accordance with this Section.?
Compliance. Upon any question related to compliance of an approved Planned Development, with the conditions and regulations as herein established and made specifically applicable to such development, the appropriate responsible party shall be given at least 15 days’ notice to appear before the Plan Commission to answer such charge of noncompliance. If the Plan Commission finds the change substantiated and does not receive adequate assurance that the situation will be corrected within a reasonable time, as determined by the Plan Commission, it shall then recommend to the Common Council appropriate action to secure compliance or to revoke the approval of the development plan. Upon such revocation, no further building permits shall be issued within the project until approval has been reinstated in whole or part. In the case of failure to resolve the problem or to complete the development for any reason, the Common Council may require revision of the development plan to whatever degree is deemed necessary to achieve modified development with consideration of the specific problems of adjustment to the surrounding neighborhood consistent with the spirit and intent of the basic zoning regulations and of the original grant of the planned unit development approval.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022
Amended by Ord. O-2022-0142 on 10/18/2022

19.53 Review And Approval

Consistency. The proposed development is consistent with the spirit and intent of this chapter, is in conformity with the general character of the City and would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood. The benefits from improved design of the development justifies the variation from the normal requirements of this chapter through the application of a Planned Development.
Demonstrated Competent Planning. The proponents of the proposed development demonstrated that they intend to start and complete construction within a reasonable time period, have the financial capacity to carry out the project, and the project appears economically sound.
Compatibility with Surrounding Area. The size, quality, and architectural design of all buildings in the project will be compatible with the general character of the City and specifically the surrounding neighborhood. The following criteria shall be applied:
1. No building shall be permitted an unorthodox, abnormal, unsightly, or offensive design or exterior appearance in relation to the surroundings.
2. No individual building shall be permitted the design or exterior appearance that is so identical with the adjoining buildings that it creates excessive monotony and drabness.
3. No building shall be permitted without an exposed façade that is aesthetically compatible with other facades and presents an attractive appearance.
4. No building shall be permitted to be sited on the property in a manner which would unnecessarily destroy or damage the natural beauty of the area, particularly if it would adversely impact values incident to land ownership or the beauty and enjoyment of existing residence on adjoining properties.
Landscaping and Screening Bond. A surety bond or other form of security in the amount of 125% of the estimated cost of the landscaping and screening warranting and guaranteeing the landscape and screening plan as submitted and approved by the Plan Commission as part of the development. The bond shall be approved by the City Attorney prior to issuance of any building permits.
Commercial Developments
1. The economic practicality can be justified based on purchasing potential, competitive relationship, and demonstrated tenant interest.
2. The proposed development will be appropriately served by off-street parking and truck service facilities.
3. The locations for vehicular entrances and exits are designed to prevent unnecessary interference with the site, efficient movement of traffic, safety, accessibility for all road users, and will not create an adverse effect upon the general traffic pattern of the area.
4. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not substantially adversely impacting property values of the surrounding neighborhood.
Industrial Developments
1. The operational character, physical plant arrangement, and architectural design of buildings will be compatible with contemporary performance standards and industrial development design and will not produce an effect upon the property values of the surrounding neighborhood substantially incompatible with that anticipated under the City's Comprehensive Plan for development.
2. The proposed development will have appropriate provisions for off-street parking and truck service areas and will be adequately served by rail or highway facilities.
3. The proposed development is properly related to the total transportation system of the community and will not produce an effect on the safety and efficiency of the public streets substantially incompatible with that anticipated under the City's traffic plans.
Mixed Use Developments
1. That the proposed mixture of uses produces a unified composite which is compatible within itself and is substantially compatible with the surrounding neighborhood and consistent with the general objectives of this Section.
2. That the various types of uses conform to the general requirements applicable to projects of such use character.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022

O-2022-0024

O-2023-0031-

O-2022-0142

West Allis City Zoning Code

Subchapter V

Planned Development

19.51 Overlay Districts

PUD Authorized. The city and the owners of any number of contiguous lots may jointly establish a planned unit development over those lots. Any lots subject to a planned unit development shall be zoned PUD in addition to any other zoning district.
Effect. Regulations in each PUD may deviate from the underlying permanent zoning. Any adjustments shall promote the maximum benefit from coordinated area site planning, diversified location of structures, and mixed compatible uses. Such regulations shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and common facilities, and ensure adequate standards of construction and planning.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022
Amended by Ord. O-2023-0031- on 6/6/2023

19.52 Procedures

Pre-Application. Prior to the formal submission of an application for a Planned Development, the developer and/or property owner shall confer with the Development Department to obtain information and direction on development plan requirements and procedures. The Development Department may also initiate the request for a Planned Development.
Application. Applications for a Planned Development shall be made in writing to the Common Council by filing with the City Clerk and shall include the following:
1. Name, address, and signatures of the applicant and/or owner, architect, planner, and professional engineer.
2. Preliminary development plan including maps, preliminary building plans, and a written statement showing enough of the surrounding area to demonstrate the relationship of the proposed development to adjoining uses, both existing and proposed. The maps shall contain the following information:
  1. Plat of survey prepared by registered land surveyor.
  2. Existing topographic features of the land and proposed grading changes.
  3. Existing and proposed land uses.
  4. Site plan.
  5. and perspective drawings of all proposed structures and improvements.
3. Written statement which shall contain the following information:
  1. Statement of present ownership of all lands in the proposed project.
  2. Statement of proposed financing.
  3. Statement restricting the project to be constructed, as proposed, with written agreement that the City does have the right to hold building permits for any or all of the project if it does not conform to the original proposal, unless changes have been mutually agreed upon.
4. Development schedule which shall contain the following information:
  1. Approximate construction start date.
  2. Construction stages and approximate start and completion dates.
  3. Agreements, provisions, or covenants which govern the use, maintenance, and continued operation of the planned development and any of its common open areas.
Review. Upon the formal submission of the application and fee for a Planned Development, the Common Council shall refer the application to the Plan Commission for review and recommendation. As a result of this recommendation, the Common Council shall establish a date for a public hearing. Public hearing shall be held prior to any final action by the Common Council. Notice of public hearing shall be published as a Class II notice under Wis. Stat. Ch. 985.
Determination. The Common Council may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the zoning change to impose this Overlay District and of the specific project development plan.
1. The approval of an application and consequent amending of the Zoning Map by overlay of this Overlay District shall be based on, and include as conditions thereto, the building, site, and operational plans for the development, as approved, as well as all other commitments offered or required as regard to project value, character, or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the official submittal plan. Detailed construction and engineering plans are conditioned upon the subsequent submittal to, and approval by, the Building Inspector.
2. A subdivision development agreement relative to improvements shall be agreed with by the developer and the Board of Public Works.
Contract. The developer shall enter an appropriate contract with the City to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan approval.
1. If no construction has begun or no permanent use has been established in the Planned Development within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be no further effect. In its discretion and for good cause, the Common Council may extend, for not more than one additional year, the period for the beginning of construction on the establishment of a permanent use. If a final development plan and related restrictions and conditions lapse under the provisions of this Section, the City Clerk shall file a notice of revocation with the Register of Deeds of Milwaukee County.
2. After approval of the Planned Development by the Common Council, the developer shall, at the time of application for building permits, pay a fee to the City Treasurer computed on the basis of $300 per unit (residential, commercial or industrial). In the event the development consists of more than one billing or more than one phase, the fee shall be for those units for which a building permit is being requested and any credits due for fees previously tendered shall be on a proportional basis.
Failure to Begin Planned Development. If no construction has begun or no permanent use has been established in the Planned Development within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be of no further effect. The Common Council may extend the period to begin construction or establish the permanent use up to 1 additional year. If a final development plan and related restrictions and conditions lapse under the provisions of this Section, the City Clerk shall file a notice of revocation with the Register of Deeds of Milwaukee County.
Changes and Amendments
1. No changes shall be made in the approved final development plan and related restrictions and conditions during construction, except upon application under the procedures provided.
2. Minor changes in location, setting, and height of structures may be authorized by the Plan Commission if required by circumstances not foreseen at the time of the final development plan.
3. All other changes in use, rearrangement of lots, blocks, and building tracts, any changes in the provision of open spaces, and all other changes must be authorized by Common Council under the procedures authorized for approval of a Planned Development. No amendments may be made in the approved final development plan or related restrictions and conditions unless they are shown to be required by changes that have occurred in conditions since the final development plans and related restrictions and conditions were approved or by a change in the development policy of the City.
Subdivision and Resale. A Planned Development shall not be subdivided or re-subdivided for purposes of sale or lease without the approval of the Common Council, as required in this Subchapter. All sections of a subdivided Planned Development shall comply with the final development plan and related restrictions and conditions, as approved by the Common Council, unless changes thereto have been approved in accordance with this Section.?
Compliance. Upon any question related to compliance of an approved Planned Development, with the conditions and regulations as herein established and made specifically applicable to such development, the appropriate responsible party shall be given at least 15 days’ notice to appear before the Plan Commission to answer such charge of noncompliance. If the Plan Commission finds the change substantiated and does not receive adequate assurance that the situation will be corrected within a reasonable time, as determined by the Plan Commission, it shall then recommend to the Common Council appropriate action to secure compliance or to revoke the approval of the development plan. Upon such revocation, no further building permits shall be issued within the project until approval has been reinstated in whole or part. In the case of failure to resolve the problem or to complete the development for any reason, the Common Council may require revision of the development plan to whatever degree is deemed necessary to achieve modified development with consideration of the specific problems of adjustment to the surrounding neighborhood consistent with the spirit and intent of the basic zoning regulations and of the original grant of the planned unit development approval.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022
Amended by Ord. O-2022-0142 on 10/18/2022

19.53 Review And Approval

Consistency. The proposed development is consistent with the spirit and intent of this chapter, is in conformity with the general character of the City and would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood. The benefits from improved design of the development justifies the variation from the normal requirements of this chapter through the application of a Planned Development.
Demonstrated Competent Planning. The proponents of the proposed development demonstrated that they intend to start and complete construction within a reasonable time period, have the financial capacity to carry out the project, and the project appears economically sound.
Compatibility with Surrounding Area. The size, quality, and architectural design of all buildings in the project will be compatible with the general character of the City and specifically the surrounding neighborhood. The following criteria shall be applied:
1. No building shall be permitted an unorthodox, abnormal, unsightly, or offensive design or exterior appearance in relation to the surroundings.
2. No individual building shall be permitted the design or exterior appearance that is so identical with the adjoining buildings that it creates excessive monotony and drabness.
3. No building shall be permitted without an exposed façade that is aesthetically compatible with other facades and presents an attractive appearance.
4. No building shall be permitted to be sited on the property in a manner which would unnecessarily destroy or damage the natural beauty of the area, particularly if it would adversely impact values incident to land ownership or the beauty and enjoyment of existing residence on adjoining properties.
Landscaping and Screening Bond. A surety bond or other form of security in the amount of 125% of the estimated cost of the landscaping and screening warranting and guaranteeing the landscape and screening plan as submitted and approved by the Plan Commission as part of the development. The bond shall be approved by the City Attorney prior to issuance of any building permits.
Commercial Developments
1. The economic practicality can be justified based on purchasing potential, competitive relationship, and demonstrated tenant interest.
2. The proposed development will be appropriately served by off-street parking and truck service facilities.
3. The locations for vehicular entrances and exits are designed to prevent unnecessary interference with the site, efficient movement of traffic, safety, accessibility for all road users, and will not create an adverse effect upon the general traffic pattern of the area.
4. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not substantially adversely impacting property values of the surrounding neighborhood.
Industrial Developments
1. The operational character, physical plant arrangement, and architectural design of buildings will be compatible with contemporary performance standards and industrial development design and will not produce an effect upon the property values of the surrounding neighborhood substantially incompatible with that anticipated under the City's Comprehensive Plan for development.
2. The proposed development will have appropriate provisions for off-street parking and truck service areas and will be adequately served by rail or highway facilities.
3. The proposed development is properly related to the total transportation system of the community and will not produce an effect on the safety and efficiency of the public streets substantially incompatible with that anticipated under the City's traffic plans.
Mixed Use Developments
1. That the proposed mixture of uses produces a unified composite which is compatible within itself and is substantially compatible with the surrounding neighborhood and consistent with the general objectives of this Section.
2. That the various types of uses conform to the general requirements applicable to projects of such use character.

HISTORY
Adopted by Ord. O-2022-0024 on 5/3/2022