Sponsor
Alderman Engel
Title
ORDINANCE NO. 5-06 - To amend the title of Chapter 114, Article VI, create Sec. 114-635, create Division 1. AC Access Corridor Overlay District, and create Division 2. FD Flex Development Overlay District, of the Municipal Code of the City of Racine, Wisconsin relating to Zoning.
Body
To amend the title of Chapter 114, Article VI, create Sec. 114-635, create Division 1. AC Access Corridor Overlay District, and create Division 2. FD Flex Development Overlay District, of the Municipal Code of the City of Racine, Wisconsin relating to Zoning.
The Common Council of the City of Racine do ordain as follows:
Part 1:
The title of Chapter 114, Article VI is hereby amended to read:
"ARTICLE VI. OVERLAY DISTRICTS"
Part 2:
Sec. 114-635 of the Municipal Code of the City of Racine is hereby created to read as follows:
“Sec. 114-635. Generally.
Permitted uses of land or buildings authorized throughout this chapter shall be permitted in the various overlay districts as indicated in this section and others under the conditions specified. The following overlay districts are contained in this chapter: Article V. Division 4, Subdivision IV. I-P Industrial Park District; Article V. Division 5. Subdivision I. H Historic Properties District; Article VI. Division 1. AC Access Corridor Overlay District; Article VI. Division 2. FD Flex Development Overlay District; Article VII. Division 12. Downtown Design Guidelines; Article VIII; Flood Regulations.”
Part 3:
Division 1. AC Access Corridor Overlay District, of the Municipal Code of the City of Racine is hereby created by inserting the following before Sec. 114-636 and by deleting the word “article” in the first line and inserting the word “division” in its place:
“DIVISION 1. AC ACCESS CORRIDOR OVERLAY DISTRICT”
Part 4:
Division 2. FD Flex Development Overlay District, of the Municipal Code of the City of Racine is hereby created be inserting the following after Sec. 114-644:
“DIVISION 2. FD FLEX DEVELOPMENT OVERLAY DISTRICT
Sec. 114-645. Purpose and intent.
(a) Over time, the use for which a property was developed may become obsolete due to economic, demographic, or technological change. The property, including structures, site improvements, and infrastructure, may have redevelopment potential for alternative use or uses. Flexible zoning regulations can facilitate the redevelopment of such properties, thereby minimizing vacancy and abandonment of property, promoting environmentally sound reuse of structures and infrastructure, and protecting surrounding property from adverse effects of new uses of the property that could occur if unregulated.
(b) The flexible development overlay district is intended to permit redevelopment of property in circumstances in which a property, including its structures, site improvements and infrastructure, is suitable for reuse but the reuse is not consistent with the underlying zoning district, rezoning to another classification would permit other uses potentially detrimental to surrounding properties, and any potentially adverse effects of the intended reuse can be mitigated by conditions on the reuse.
Sec. 114-646. Permitted uses, conditional uses and other uses.
(a) Uses in a flex development may at times not coincide with those anticipated within the underlying zoning district. However, uses in a flex development shall be compatible with existing, proposed and anticipated uses, and shall not be a detriment, a nuisance or injurious to other permitted uses or properties in the area.
(b) Any permitted use and conditional use as permitted in the underlying zoning district is permitted in the flex development overlay district unless expressly prohibited by the use supplement.
(c) Other uses may be permitted in accordance with those contained in the use supplement as developed by the chief building inspector, in consultation with the director of city development, and submitted to the plan commission and common council. A use supplement adopted by resolution of the common council shall list all those additional uses which, when applying good and reasonable judgment, are determined to not be detrimental to the subject, adjacent and area properties.
(d) Minor and major changes to the use supplement shall be permitted as follows: minor changes may be approved by the chief building inspector but in consultation with the director of city development, and major changes shall require approval of the common council in accordance with sec. 114-648.
Sec. 114-647. Standards.
The plan commission shall not recommend approval of a use supplement and the permitted uses contained therein unless the plan commission finds that:
(a) The establishment, maintenance, or operation of the uses will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(b) The uses will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(c) The establishment of the uses will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the underlying district;
(d) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(e) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets;
(f) The proposed uses will neither have an adverse impact nor set an undesirable precedence with relation to the objectives of the current land use plan for the area or the city;
(g) Adequate conditions have been included in the use supplement that advance the goals of the preceding standards.
Sec. 114-648. Designation of the flex development overlay district.
(a) Amendments to designate the flex development overlay district shall be accomplished in accordance with Article II, Division 4 of this chapter.
(b) The recommended use supplement shall be presented at the time of the hearing before the plan commission for the flex development overlay amendment request and considered concurrently as the ordinance amendment proceeds.”
Part 5:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council __________________________
Approved __________________________
___________________________
Mayor
Attest:
_________________________
City Clerk
Fiscal Note
Fiscal Note: N/A