CONDITIONAL
USES
The
Zoning Code Sec. 28.12(11) includes the following
provisions regarding conditional uses:
(a)
Statement of Purpose. The development and execution of
this ordinance is based upon the division of the City
into districts, within which districts the use of land
and buildings, and bulk and location of buildings and
structures in relation to the land, are mutually
compatible and substantially uniform. However, there are
certain uses which, because of their unique
characteristics, cannot be properly classified as
unrestricted permitted uses in any particular district
or districts, without consideration, in each case, of
the impact of those uses upon neighboring land or public
facilities, and of the public need for the particular
use at a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a
particular district provided that due consideration is
given to location, development, and operation of such
uses. Such uses are classified as conditional uses and
fall into two (2) categories:
-
Uses
publicly operated or traditionally affected with a
public interest.
-
Uses
entirely private in character, but of such an
unusual nature that their operation may give rise to
unique problems with respect to their impact upon
neighboring property or public facilities.
The
following provisions are thus established to regulate
these conditional uses which require special
consideration.
(g)
Standards. No application for a conditional use shall be
granted by the City Plan Commission unless such
Commission shall find all of the following conditions
are present:
-
That
the establishment, maintenance or operation of the
conditional use will not be detrimental to or
endanger the public health, safety, or general
welfare.
-
That
the City be able to provide municipal services to
the property where the conditional use is proposed,
given due consideration of the cost of providing
such services.
-
That
the uses, values and enjoyment of other property in
the neighborhood for purposes already established
shall be in no foreseeable manner substantially
impaired or diminished by the establishment,
maintenance or operation of the conditional use.
-
That
the establishment of the conditional use will not
impede the normal and orderly development and
improvement of the surrounding property for uses
permitted in the district.
-
That
adequate utilities, access roads, drainage, parking
supply, internal circulation improvements, including
but not limited to vehicular, pedestrian, bicycle,
public transit, and other necessary site
improvements have been or are being provided.
-
That
measures, which may include transportation demand
management (TDM) and participation in a
transportation management association, have been or
will be taken to provide adequate ingress and
egress, including all off-site improvements, so
designed as to minimize traffic congestion and to
ensure public safety and adequate traffic flow, both
on-site and on the public streets.
-
That
the conditional use shall conform to all applicable
regulations of the district in which it is located.
-
That
when applying the above standards to an application
by a community living arrangement the City Plan
Commission shall:
-
Bear
in mind the City's general intent to accommodate
community living arrangements.
-
Exercise
care to avoid an over-concentration of community
living arrangements which could create an
institutional setting and seriously strain the
existing social structure of a community.
Considerations relevant for this determination are:
-
The
distance separating the proposed community
living arrangement from other such facilities.
-
The
capacity of the community living arrangement and
the percent the facility will increase the
population of the community.
-
The
total capacity of all the community living
arrangements in the community.
-
The
impact on the community of other community
living arrangements.
-
The
success or failure of integration into
communities of other community living
arrangements operated by the individual or group
seeking the conditional use permit.
-
The
ability of the community to meet the special
needs, if any, of the applicant facility.
-
That
when applying the above standards to any new
construction of a building or an addition to an
existing building, the City Plan Commission:
-
Shall
bear in mind the statement of purpose for the zoning
district, such that the proposed building or
addition at its location does not defeat the
purposes and objective of the zoning district; and
-
May
require the applicant to submit plans to the Urban
Design Commission for comments and recommendations;
and
-
May
consider the use of the proposed building as it
relates to the City's Land Use Plan.
When
a Conditional Use application is denied, the Plan
Commission shall furnish the applicant in writing those
standards that are not met and enumerate reasons the
Commission has used in determining that each standard
was not met.
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DEMOLITION
OR REMOVAL
The
Zoning Code Sec. 28.04(22) includes the following
provisions regarding Approval of Razing, Demolition,
Removal, or Wrecking of buildings:
(a)
Statement of Purpose. It is hereby declared a matter of
public policy that the good maintenance and
rehabilitation of existing buildings, the preservation
of safe and sanitary housing available at reasonable
prices, and the careful consideration and planning of
changes in the urban landscape are a public necessity
and are required in the interest of the health,
prosperity, safety, and welfare of the people. The
purpose of this section is to:
1.
Foster and encourage the preservation of existing
buildings which are structurally sound, economically
productive, and suitable for rehabilitation or repair.
2.
Encourage voluntary compliance with building and minimum
housing codes.
3.
Aid in the preservation of residential neighborhoods.
4.
Require the Plan Commission to evaluate proposed
alternative uses of property before existing buildings
are destroyed or moved.
5.
Allow the property owner to have a decision on approval
or disapproval of the proposed use of the property
before he or she takes the irrevocable step of
demolishing or moving his or her existing building or
buildings.
6.
Foster and encourage adherence to the intent and purpose
of the Zoning Code, as expressed in that code's
general intent and purpose, Section 28.02 of the Madison
General Ordinances, and as expressed in the individual
Statements of Purpose for each of the zoning districts
established by the code.
(c)
Standards. Applications for wrecking permits shall not
be approved, except as provided in Section 28.04(22)(d)
of the Madison General Ordinances, unless the following
conditions are met:
1.
The Zoning Administrator issues a zoning certificate for
the proposed use of the property. For the purpose of
this subdivision, a zoning certificate shall mean a
certification in writing that the proposed use of the
property would be in compliance with the provisions of
the Zoning Code, Chapter 28, Madison General Ordinances.
a.
If the Zoning Administrator finds that the proposed use
of the property is not in compliance with the provisions
of the Zoning Code, the applicant for a wrecking permit
may follow the procedures provided by the Zoning Code to
apply for an amendment, pursuant to Section 28.12(10) of
the Madison General Ordinances or for a conditional use
permit pursuant to Section 28.12(11) for the proposed
use. All of the provisions of Sections 28.12(10) and
28.12(11) shall apply to said applications, except that
the time limit for commencement of the conditional use,
pursuant to Section 28.12(10)(b)3., shall be eighteen
(18) months instead of twelve (12) months.
b.
If after the procedures provided in Paragraph 1 are
followed, the proposed use of the property would be in
compliance with the provisions of the Zoning Code, the
Zoning Administrator shall grant a zoning certificate
for the proposed use, pursuant to Madison General
Ordinance Section 28.12(5)(a).
2.
The Plan Commission finds that both the requested
demolition and the proposed use are compatible with the
purpose of this Section and the intent and purpose
expressed in the Zoning Code for the zoning district in
which the property is located. When making this finding,
the Commission shall consider and may give decisive
weight to any relevant facts including but not limited
to the effects the proposed demolition and proposed use
of the subject property would have on the normal and
orderly development and improvement of surrounding
properties, and the availability of affordable housing
after giving due consideration to the adopted master
plan.
3.
In the case of landmarks or improvements located in an
Historic District, consideration and approval of
wrecking permits by the Plan Commission shall be
contingent upon the prior issuance of a certificate of
appropriateness therefore by the Landmarks Commission
pursuant to Section 33.01(5)(c) of the Madison General
Ordinances.
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PLANNED
UNIT DEVELOPMENT DISTRICT (PUD)
The
Zoning Code Sec. 28.07(6) includes the following
provisions regarding Planned Unit Developments:
(a)
Statement of Purpose. The Planned Unit Development
District is established to provide a voluntary
regulatory framework designed to encourage and promote
improved environmental and aesthetic design in the City
of Madison by allowing for greater freedom, imagination
and flexibility in the development of land while
insuring substantial compliance to the basic intent of
the zoning code and the general plan for community
development. To this intent, it allows diversification
and variation in the bulk and relationship of uses,
structures and spaces in developments conceived as
comprehensive and cohesive unified plans and projects.
It is further intended to encourage developments
consistent with coordinated area site planning.
(f)
Criteria for Approval. As a basis for determining the
acceptability of a Planned Unit Development District
application, the following criteria shall be applied
with specific consideration as to whether or not it is
consistent with the spirit and intent of this ordinance
and has the potential for producing significant
community benefits in terms of environmental and
aesthetic design. For Planned Unit Development Districts
with Residential Components in Downtown Design Zones,
the Design Criteria adopted by the Common Council shall
be used as guidelines for determining whether the
following criteria are met.
1.
Character and Intensity of Land Use. In a Planned Unit
Development District, the uses and their intensity,
appearance and arrangement shall be of a visual and
operational character which:
a.
Are compatible with the physical nature of the site or
area.
b.
Would produce an attractive environment of sustained
aesthetic desirability, economic stability and
functional practicality compatible with the general
development plan.
c.
Would not adversely affect the anticipated provision for
school or other municipal service unless jointly
resolved.
d.
Would not create a traffic or parking demand
incompatible with the existing or proposed facilities to
serve it unless jointly resolved. A traffic demand
management plan and participation in a transportation
management association may provide a basis for
addressing traffic and parking demand concerns.
2.
Economic Impact. Planned Unit Development District shall
not adversely affect the economic prosperity of the City
or the area of the City where the Planned Unit
Development is proposed including the cost of providing
municipal services.
3.
Preservation and Maintenance of Open Space. In a Planned
Unit Development District, adequate provision for the
improvement and continuing preservation and maintenance
of attractive open space shall be made.
4.
Implementation Schedule. A Planned Unit Development
District shall include suitable assurances that each
phase could be completed in a manner which would not
result in an adverse effect upon the community as a
result of termination at that point.
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WATERFRONT
DEVELOPMENT
In
addition to the conditional use standards, Zoning Code
Sec. 28.04(19) includes the following provisions
applicable to waterfront development:
(a)
Statement of Purpose. This subsection is established to
further the maintenance of safe and healthful
conditions, prevent and control water pollution, protect
spawning grounds, fish and aquatic life by controlling
building sites, the placement of structures and land
users and reserving shore cover and natural beauty for
all waterfront and shoreland development.
(b)
General Regulations. The following regulations shall
apply to all new development except a Civic Auditorium
Complex. No building permit shall be issued for any new
development of a waterfront or shoreland zoning lot
without first obtaining a conditional use permit
therefore. For purposes of this section, new development
shall be a new principal building, an addition in excess
of five hundred (500) square feet of floor area to an
existing principal building, or an accessory building.
The conditional use permit shall be issued pursuant to
the procedure set forth in Section 28.12(10) of this
ordinance. In addition to the review standards set forth
in Subdivision (g) therein all waterfront development
shall be subject to the following standards.
1.
For purposes of this section, the existing development
pattern shall mean the average setback of the five (5)
developed zoning lots to each side of the proposed
development lot. For all zoning lots, the principal
building setback shall be not less than the existing
development pattern.
2.
Upon the filing of an application for a conditional use
permit, the development plan shall show a complete
inventory of shoreline vegetation in any area proposed
for building, filling, grading, or excavating. In
addition, the development plan shall indicate those
trees and shrubbery which will be removed as a result of
the proposed development. The cutting of trees and
shrubbery shall be limited in the strip thirty-five (35)
feet inland from the normal waterline. On any zoning lot
not more than thirty percent (30%) of the frontage shall
be cleared of trees and shrubbery. Within the waterfront
setback requirements tree and shrub cutting shall be
limited by consideration of the effect on water quality,
protection and scenic beauty, erosion control and
reduction of the effluents and nutrients from the
shoreland.
3.
Any building development for habitation shall be served
with public sanitary sewer.
4.
Filling, grading, and excavation of the zoning lot may
be permitted only where protection against erosion,
sedimentation, and impairment of fish and aquatic life
has been assured.
5.
Where the City's adopted Master Plan includes a
pedestrian walkway or bikepath along the shoreline, the
proposed development shall not interfere with its
proposed location.
6.
Construction of marine retaining walls or bulkhead may
be permitted providing such construction does not
protrude beyond the established shoreline of the
adjacent properties. Said retaining walls and bulkheads
will be permitted only for the purpose of preventing
shoreline recession. The filling and grading of the
shoreline shall occur only in the construction of such
retaining walls or bulkheads.
7.
In addition to complying with the above standards,
boathouses shall not be constructed for human
habitation.
October 2003
