The purpose and intent of the nonfamily residential overlay district is to stabilize and protect property values and to provide a mechanism to protect, preserve, and enhance essential characteristics of low-density single-family residential areas, in particular, areas where due to economic factors and housing pressure in the immediate area there is the potential for the reduction of family-occupied residences, and therefore the loss of the single-family character of the neighborhood which will potentially lead to overcrowding, undue population concentration and lower property values.

(Ord. No. 1914A, 2-18-2016)

There is no separate overlay permission area map for the R-O overlay. Applications for the R-O district may be made in any residential zoning district. The restrictions set forth herein are in addition to the restrictions and requirements of the basic district applicable to a particular site. To the extent there is a conflict between the restrictions or requirements associated with the district, the requirements that most restrictively limit the use of the site shall apply. Except as noted in this chapter, an R-O overlay request may be initiated by the city council or any member thereof, the city plan commission, or by petition of one or more of the owners, lessees, or authorized agents of the lessees or owners of the property within the area proposed to be included within the R-O overlay district. No party other than the owner of the property may initiate an action for the imposition of R-O nonfamily residential zoning on any particular property if such a petition has been made within the previous twelve months. Procedures for zoning changes and amendments are further elaborated in Section 19.69.

(Ord. No. 1914A, 2-18-2016)

In all nonfamily residential overlay districts, the nonfamily household limitation set forth in Whitewater Municipal Ordinance Section 19.15.010 is reduced from three to two. Therefore, in any nonfamily residential overlay district, a nonfamily household shall be limited to two unrelated persons.

(Ord. No. 1914A, 2-18-2016)

Parking spaces permitted for units with R-O zoning shall be limited to the number of parking spaces allowed for the underlying zoning.

(Ord. No. 1914A, 2-18-2016)

This limitation shall not apply to community living arrangements allowed by federal and state law (such as foster homes and adult family homes for the disabled) and, in particular, those allowed under Wisconsin Statutes 62.23(7)(i).

(Ord. No. 1914A, 2-18-2016)

Properties that qualify as legal nonconforming uses shall be allowed to continue the use subject to the provisions contained in Section 19.60.010. The nonconforming use status of any property under this chapter will be subject to the provisions contained in Section 19.60.010, existing nonconforming uses.

Properties that qualify as legal nonconforming uses under this chapter shall be allowed to continue the use subject to the provisions contained in Chapter 19.60, nonconforming uses, structures and lots.

(Ord. No. 1914A, 2-18-2016)