§ 13-1-372. Downtown Design and Use Overlay District.

(a)

Description, Purpose, and Rationale and Boundaries.

(1)

Description, Purpose, and Rationale. This Design and Use Overlay District is intended to implement the urban design and land use recommendations of the City of Verona Comprehensive Plan that apply to the downtown area. This district will preserve and enhance the historical quality of the downtown, and help engender a consistent visually pleasing image for the downtown area. As emphasized by the Comprehensive Plan, this district is designed to forward both aesthetic and economic objectives of the City by controlling land uses and the appearance of development within the district in a manner that is consistent with sound land use, urban design and economic revitalization principles. The purpose of the Downtown Design and Use Overlay Zoning District is to: a) create a vibrant, functional, and attractive commercial downtown; b) take advantage of the "Gateway to Verona" aspect of Verona Avenue and Main Street; c) take advantage of Verona Avenue and Main Street as potential bus-transportation corridors; d) promote economic development and redevelopment in the downtown area rather than in "green field" development further on the periphery of the City; e) encourage consistent design along Verona Avenue and Main Street; f) protect adjacent residential properties from commercial activities along Verona Avenue and Main Street; and g) preserve existing and promote new tax bases within the City's downtown area.

This Design and Use Overlay District is intended to create a vibrant, functional, economically viable and attractive commercial downtown area through specific site and building requirements as specified below. This overlay district provides for both regulation relaxations, such as decreased setback requirements, and for more rigorous regulations, such as increased architectural requirements. Permitted, conditional, and accessory uses will continue to be regulated by the underlying zoning designation for each parcel, except where specific uses are expressly prohibited within this overlay district, as provided below.

(2)

Boundary. The Downtown Design and Use Overlay Zoning District shall include those properties located along Verona Avenue and along Main Street as shown on the map on file with the City Clerk.

(b)

Use Regulations Within the Downtown Design and Use Overlay Zoning District.

(1)

List of Allowable Land Uses (per Article C).

i.

Land Uses Permitted by Right [per Section 13-1-81(b)]. Underlying zoning for parcels included in the Downtown Design and Use Overlay Zoning District shall determine land uses permitted by right, except for "Indoor Institutional" uses as provided in Subsection (1)ii.b., and for "Prohibited Uses" as provided in Subsection (b)(2), below.

ii.

Land Uses Permitted as Conditional Use [per Section 13-1-81(c)].

a.

Underlying zoning for parcels included in this Downtown Design and Use Overlay Zoning District shall determine land uses permitted as conditional use, except for "Indoor Institutional" uses as provided in Subsection (1)ii.b., and for "Prohibited Uses" as provided in Subsection (b)(2), below.

b.

"Indoor Institutional" uses, as provided in Section 13-1-88(c) shall be conditional uses within the Downtown Design and Use Overlay Zoning District and must comply with the procedural requirements of Section 13-1-363.

c.

"Residential" uses unless approved according to the procedures for a Planned Development District as specified in Sections 13-1-59 and 13-1-371.

iii.

Land Uses Permitted as Accessory Uses [per Section 13-1-81(d)].

a.

Accessory Land Uses Permitted by Right. Underlying zoning for parcels included in this Downtown Design and Use Overlay Zoning District shall determine accessory land uses permitted by right, except as provided in Subsection (b)(2), below.

b.

Accessory Land Uses Permitted as Conditional Use. Underlying zoning for parcels included in this Downtown Design and Use Overlay Zoning District shall determine accessory land uses permitted as conditional use, except as provided in Subsection (b)(2), below.

iv.

Land Uses Permitted as Temporary Uses [per Section 13-1-81(e)].

a.

General Temporary Outdoor Sales [per Section 13-1-94(a)].

b.

Outdoor Assembly [per Section 13-1-94(b)].

(2)

List of Prohibited Land Uses. The following land uses are expressly prohibited within the Downtown Design and Use Overlay Zoning District:

i.

Tattoo parlors.

ii.

Body-piercing establishments.

iii.

Payday loan businesses.

iv.

Vehicle/title loan businesses.

v.

Pawn shops.

vi.

Pet boarding facilities.

vii.

Sexually oriented businesses.

viii.

Boardinghouses.

ix.

Benevolent low-income housing as defined by Sec. 70.11(4a), Wis. Stats.

x.

Student housing facilities as defined by Sec. 70.11(3m), Wis. Stats.

(c)

Design Requirements Within the Downtown Design and Use Overlay Zoning District.

(1)

Nonresidential Density and Intensity Requirements.

i.

Minimum Landscape Surface Ratio (LSR): Same as underlying zoning.

ii.

Reserved.

iii.

Maximum Building Size (MBS): Same as underlying zoning.

(2)

Nonresidential Bulk Requirements.

i.

Minimum Lot Area: 6,500 square feet.

ii.

Minimum Lot Width: 66 feet; Minimum Street Frontage: 50 feet.

iii.

Minimum Setbacks:

a.

Building to Front- or Street-Side Lot Line: 15 feet.

b.

Building to Interior-Side Lot Line: 10 feet or 0 feet for zero lot line side.

c.

Building to Rear Lot Line: 25 feet.

d.

Peripheral Setback: See [Subsection] 13-1-249(d)(2) along zoning district boundary.

e.

Minimum Paved Surface Setback: 5 feet from side; 10 feet from rear; 15 feet from street. See also Section 13-1-63(d)(4)c.

iv.

Maximum Setbacks:

a.

Building to Front- or Street-Side Lot Line: 25 feet.

v.

Minimum Building Separation: 20 feet.

vi.

Maximum Building Height: Same as the underlying zoning.

vii.

Minimum Building Height: 20 feet.

viii.

Minimum Number of Off-Street Parking Spaces Required on the Lot: See parking lot requirements per specific land use in Sections 13-1-85 through 13-1-95.

(3)

Nonresidential Landscaping Requirements (Nonresidential and Multifamily). Landscaping shall be reviewed and approved as part of the site plan according to the procedures provided in Section 13-1-366. Significant amounts of landscaping shall be required between the building and the front property line; between any paved surfaces and sidewalks; and between any paved areas and the rear property line. Patios, gardens, seating areas, and similar features are encouraged in front yards. Privacy fences at least 6 feet in height and a 10-foot landscaped area shall be required for properties abutting residentially zoned properties.

(4)

Nonresidential and Multifamily Residential Design Requirements.

a.

Buildings shall be designed to include significant amounts of windows, doorways, and architectural variety facing Verona Avenue.

b.

Fences at least 3 feet tall but no taller than 4 feet in height and consisting of brick supports and wrought-iron spans, or similar materials as approved by the Plan Commission, must be provided between parking areas and sidewalks along Verona Avenue.

c.

Outdoor display areas, including the display of vehicles for sale, must be separated from any sidewalks along Verona Avenue by at least 15 feet of landscaped area and fences at least 3 feet tall but no taller than 4 feet in height and consisting of brick supports and wrought-iron spans, or similar materials as approved by the Plan Commission. Parallel to Verona Avenue, one over-story tree must be planted at least every 25 feet on center within this 15-foot landscaped area.

d.

Buildings shall comply with minimum height requirements.

e.

Buildings shall be provided with high-quality exterior building materials such as brick, stucco, or stone.

f.

Parking areas, drive aisles, and drive-up windows are prohibited between the building and the front property line and (for corner lots) the street-side property line.

g.

Overhead canopies for gas/service stations/convenience stores are prohibited between the gas/service station building and Verona Avenue. Overhead canopies must be located in side or rear yards and may not be any closer to Verona Avenue than the gas/service station/convenience store building. For parcels with frontage on Verona Avenue and a second street, overhead canopies are also prohibited between the building and the non-Verona Avenue street and may not be any closer to the non-Verona Avenue street than the gas/service station/convenience store building.

h.

Reserved.

i.

The accommodation of bus shelters or benches on selected parcels will be encouraged.

(d)

Applicability of Downtown Design and Use Standards.

(1)

All Forms of Development. The requirements of this Section shall apply to all proposed new structures, to all proposed building additions, and to all changes in the exterior appearance of a building, structure, or appurtenance (including building color, exterior window treatments, siding, and replacement materials) and to all new or modified external fixtures such as light standards, benches, tree grates, fences and signage. Such development and uses shall comply with the procedures and requirements of this Section.

a.

Exceptions.

i.

Existing single-family residences are exempt from the requirements of this Section.

ii.

Planned Development Districts. Requirements of Subsection (c) above (Design Requirements Within the Downtown Design and Use Overlay Zoning District) may be varied from in the approval of a Planned Development District.

(e)

Powers and Duties of the Zoning Administrator and Plan Commission.

(1)

Zoning Administrator. The Zoning Administrator shall:

a.

Coordinate the review and consideration of development within the district, including coordination with additional City departments, as applicable.

b.

Accept applications for development, redevelopment and other changes to the appearance of buildings, structures, appurtenances and fixtures within the district.

c.

Ensure completeness of applications pursuant to Subsection (f)(2) below.

d.

Serve as the liaison between the applicant and the Plan Commission in facilitating the thorough and expedient review of the application.

e.

Ensure that the technical and procedural requirements of the Zoning Code are met.

f.

Ensure conformity with the intents and purposes spelled out in Subsection (a)(1) above.

(2)

Plan Commission. The Plan Commission shall:

a.

Perform site plan review.

b.

Conduct architectural and design review to ensure consistency with the intents and purposes spelled out in Subsection (a)(1) above.

(f)

Development Review Procedure Within the District.

(1)

"Initial Review" Procedure. The applicant will discuss design concepts with the Plan Commission prior to the initiation of the final review process.

a.

The applicant shall schedule this "Initial Review" appearance on an agenda of the Plan Commission with the Zoning Administrator.

b.

The applicant shall provide the Zoning Administrator with the materials pursuant to Subsection c., below.

c.

The applicant shall provide the Zoning Administrator with a complete "Initial Review" application in time for placement on the Plan Commission's agenda and inclusion in the Plan Commission's agenda packet mailing. The "Initial Review" application shall include:

1.

A clear depiction of the "existing appearance" of the subject property. Clear color photocopies or color photographs are recommended for this purpose.

2.

A clear depiction of the "proposed appearance" of the subject property. Scaled and dimension drawings of proposed components, color samples or charts, material samples, and product brochures are recommended for this purpose.

3.

A written description of the proposed project, including a complete list of proposed exterior development components, their material, and their color.

4.

A site plan for the subject property, submitted for the purpose of general design guideline review. Detailed site plan review shall be conducted by the Plan Commission later in the review process.

d.

The Zoning Administrator is hereby authorized to make recommendations for, or require modifications to, a proposed "Initial Review" application, to ensure completeness, and compliance with the standards of this Section.

e.

When the Zoning Administrator determines that the "Initial Review" application is complete, it shall be scheduled for consideration by the Plan Commission.

f.

The Plan Commission shall perform an "Initial Review" of the proposed development based on the standards of this Section. The Plan Commission may require changes to the proposal before it is submitted for final review. Following "Initial Review" by the Plan Commission, the Zoning Administrator shall schedule final review by the Plan Commission.

(2)

"Final Review" Procedure. Following "Initial Review", the Plan Commission shall perform a "Final Review" of the proposed development based on the standards of the Zoning Code, and under the standard Site Plan Review Procedure, per Sections 13-1-363 and 13-1-366.

a.

At the discretion of the Plan Commission, the Plan Commission may, in special circumstances, conduct its "Final Review" at the same meeting as its "Initial Review".

(g)

Modification of an Approved Urban Design. Any and all variation between development and the approved design is a violation of this Article. An approved design shall be revised and approved via the procedures of Subsection (f), above, so as to clearly and completely depict any and all proposed modifications to the previously approved urban design, prior to the initiation of said modifications.

(Ord. No. 10-781, 2-22-10; Ord. No. 12-820, § V, 9-10-12; Ord. No. 14-842, 4-14-14)