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Ordinance amending Sections 15.10.010, 15.10.015, and 15.10.050 and Subsection 15.10.020 A. and creating Section 15.10.013 of the Wauwatosa Municipal Code to specify design approval processes for new single-family and two-family housing structures
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The Common Council of the City of Wauwatosa do ordain as follows:
Part I. Section 15.10.010 of the Wauwatosa Municipal Code is hereby amended to read in its entirety as follows:
A. "Nonresidential structure" means structures other than one- and two-family residential properties.
B. No building permit for any nonresidential structure for which a building permit is required shall be issued unless it has received the approval of the design review board. except that historically designated commercial structures or those located at historic sites or within historic districts shall be subject to design review by the historic preservation commission as described in Subsection 24.17.010 D.8. of this Wauwatosa Municipal Code.
C. The design review board shall consider the exterior architectural appeal, the site location and proposed location of the structure on the building site, the landscaping, topography and whether the structure to be altered or constructed shall be so similar to, or so at variance from, other structures already constructed or under construction in the immediate neighborhood of the applicable district if, in the board's opinion, it causes a substantial depreciation in the property value of the neighborhood within the applicable district.
Part II. Section 15.10.013 of the Wauwatosa Municipal Code is hereby created to read in its entirety as follows:
A. “Building, new” is defined in 15.04.020
B. No building permit for any new single-family or two-family residential construction for which a building permit is required shall be issued unless it has received the approval of the design review board, except that historically designated commercial structures or those located at historic sites or within historic districts shall be subject to design review by the historic preservation commission as described in Subsection 24.17.010 D.8. of this Wauwatosa Municipal Code.
C. The design review board shall consider the exterior architectural appeal, the site location and proposed location of the structure on the building site, the landscaping, topography and whether the structure to be altered or constructed shall be so similar to, or so at variance from, other structures already constructed or under construction in the immediate neighborhood of the applicable district if, in the board's opinion, it causes a substantial depreciation in the property value of the neighborhood within the applicable district.
Part III. Section 15.10.015 of the Wauwatosa Municipal Code is hereby amended to read in its entirety as follows:
15.10.15 Residential Alterations, Additions, Accessory Dwelling Units and Garages
A. Alterations/remodel, additions & garages is defined in 15.04.020
B. An Accessory Dwelling Unit is defined in 24.18.020
C. No building permit for any residential structure for which a building permit is required shall be issued unless it has received administrative approval, except that historically designated residential structures or those located at historic sites or within historic districts shall be subject to design review by the historic preservation commission as described in Subsection 24.17.010 D.8. of this Wauwatosa Municipal Code.
D. Administrative Approval. Administrative approval of one- and two-family projects that require a building permit shall be performed by the development director or designated representative. Staff shall consider the exterior architectural appeal, the site location and proposed location of the structure on the building site, the landscaping, topography and whether the structure to be altered or constructed shall be so similar to, or so at variance from, other structures already constructed or under construction in the immediate neighborhood of the applicable district if, in staff's opinion, it causes a substantial depreciation in the property value of the neighborhood within the applicable district.
Part IV. Subsection 15.10.020 A. of the Wauwatosa Municipal Code is hereby amended to read as follows:
A. Structure. There shall be a board called the "Design Review Board." The design review board shall review and determine approval for all nonresidential districts, all bus shelters not in the public right-of-way, and any new single-family or two-family residential construction with power to approve or deny plans for construction of, or addition to, such buildings or structures.
Part V. Section 15.10.050 of the Wauwatosa Municipal Code of the Wauwatosa Municipal Code is hereby amended to read as follows:
A. Following a review before the design review board, any person who is aggrieved may file an appeal with the board of zoning appeals in accordance with the provisions of subsection 24.17.010 C. of this code.
B. A request for review of a decision of the development director or designated representative shall be filed with the Design Review Board within ten calendar days of such decision, who shall consider the same factors described in that subsection in determining whether to uphold or overturn the decision of the manager.
C. Any aggrieved person who chooses to have a decision under this section reviewed may appeal the decision to the board of zoning appeals in accordance with the provisions of subsection 24.17.010 C. of this code.
Part VI. This ordinance shall become effective on and after its dates of passage and publication.
By: Community Affairs Committee
recommendation
Recommendation: Adopt 5-0