CITY OF MADISON INTERDEPARTMENTAL CORRESPONDENCE TO: FROM: James Madison Park Disposal Surplus Criteria and Selection Committee Dan Rolfs, Community Development Project Manager DATE: 2 December 2010 SUBJECT: R5 Zoning Permitted and Conditional Uses All three of the properties that the James Madison Park Disposal Surplus Criteria and Selection Committee are dealing with are zoned His-L R5. The His-L designation is a suffix for parcels that are designated local landmarks under MGO 33.19. At the request of the James Madison Park Disposal Surplus Criteria and Selection Committee, City staff has prepared the following list from the City of Madison Zoning Code that outlines the permitted and conditional uses in the R5 zoning district. Staff has edited this list for brevity, eliminating uses that either clearly do not apply (example: parking lots, accessory uses) or eliminating lengthy lists of provisions for a specific use. R5 zoning has a list of permitted uses. Permitted uses in the R5 zoning district include all the permitted uses in the R4, R3, and R1 districts. R5 zoning also has a list of conditional uses. Conditional uses in the R5 zoning district include all conditional uses in the R4, R3, and R1 districts. If the Committee would like to review the zoning code text in its entirety, it can be found at: http://www.cityofmadison.com/bi/documents/chapter28.pdf R1 Single-Family Residence District. (b) Permitted Uses. The following uses are permitted in the R1 district: 1. Single-family detached dwellings. 2. Churches. 3. Fire and police stations. 5. Libraries, municipally owned and operated. 6. Parks and playgrounds. 8. Accessory uses, including but not limited to the following: (NOTE: This was edited out as 9. Convents and monasteries, provided that the total site area shall be not less than one and onehalf (1 1/2) acres, and further provided that the site may consist of more than one zoning lot where separated only by a public right-of-way from a hospital, school or college under the same ownership and control. 10. Educational, recreational, and office uses as follows, provided such uses are located in existing school buildings owned by the Madison Metropolitan School District or former school buildings owned by the Madison Metropolitan School District or the City of Madison and further provided the Director of the Economic Development Division shall first receive a written report and recommendations from the City Department of Transportation regarding the traffic and parking impact with recommendations for either resolving adverse impacts prior to occupancy or not allowing such occupancy: a. Day care centers. b. Elementary and secondary schools. c. Business or trade schools. d. Colleges and universities. e. Other public educational facilities. 1
f. Music, dance, gymnastics, physical education, body building, and physical fitness schools. g. Recreational buildings and community centers, nonprofit. h. Offices for State, County, City, Village, Town or other taxing municipality. i. Offices for health, medical, welfare and other institutions or organizations qualifying as nonprofit under the laws of the State of Wisconsin. 11. Community living arrangements for not more than eight (8) persons being served by the program provided: (NOTE: This was edited out as 12. Each resident family may lease to a person residing within fifteen hundred (1500) feet, or to a faculty member if the stall is within one thousand (1000) feet of an elementary, middle or high school, any enclosed parking spaces or one open off-street parking space subject to the following provisions: (NOTE: This was edited out as 13. Day care centers, located in buildings under the jurisdiction of the Madison Metropolitan School District or in churches. 14. Family Day Care Home provided: a. That the loss of any state license or permit by a family day care home be an automatic revocation of that facility s use permit. b. That the facility pass the inspections of the Director of the Building Inspection Division and the Fire Prevention Bureau. 15. Adult family day care home, provided that the facility pass the inspection of the Director of the Building Inspection Division and the Fire Prevention Division. 16. Temporary accessory apartments in owner-occupied single-family detached dwellings provided: (NOTE: This was edited out as 17. Dependency living arrangements, provided: a. That any use permit issued under this paragraph shall not be transferable to another holder or occupant. b. That upon termination of the specific occupancy, all second kitchen facilities installed for this use shall be dismantled and removed from the premises within six (6) months unless extended by the Director of Planning and Community and Economic Development because of potential re-occupancy. c. That the letter of approval issued by the Zoning Administrator be recorded in the Register of Deeds Office. 18. Adult Family Homes, provided: a. That the use is no longer permitted upon the loss of any state license or permit by the adult family home. b. That the applicant disclose in writing the capacity of the adult family home. c. That no other licensed adult family home or community living arrangement is within twenty-five hundred (2500) feet of the site of any proposed adult family home, except that if the persons served are disabled or handicapped under the Fair Housing Amendment Act (FHAA) or the American with Disabilities Act (ADA) and are living in the adult family home because of their disability or handicap, the distance requirement is zero (0). (c) Conditional Uses. The following conditional uses may be allowed in the R1 District subject to the provisions of Section 28.12(11). 1. Automobile parking lots, open and accessory to a nonresidential use and solely for the use of employees and patrons of the use to which it is accessory, provided further: (NOTE: This was edited out as 2. Cemeteries 3. Colleges and universities, provided that the zoning lot shall be not less than forty (40) acres. 4. Day care centers, other than those allowed as a permitted use, which are to be annually inspected by the Director of the Building Inspection Division and the Fire Prevention Bureau. 5. Parking facilities, accessory and located outside of the central area, subject to the applicable provisions of Section 28.11: (NOTE: This was edited out as 6. Parking facilities, accessory and located within the central area, where the number of parking spaces in such facilities exceeds the requirement set forth in Section 28.11(3)(b) for similar uses. 2
7. Planned residential developments-dwellings, provided that the zoning lot shall be not less than forty (40) acres. 8. Private swimming and tennis clubs, outdoor and not operated for profit, and for the exclusive use of members and their guests, provided: (NOTE: This was edited out as 9. Public utility and public service uses as follows: (NOTE: This was edited out as 10. Offices, business and professional, provided such uses are located in existing school buildings owned by the Madison Metropolitan School District or former school buildings owned by the Madison Metropolitan School District or the City of Madison. 11. Accessory greenhouse and swimming pool roofs or domes which infringe on required usable open space. 12. Rental of off-street parking facilities which are accessory to a nonresidential use to persons not using the principal use subject to the following provisions: (NOTE: This was edited out as 13. Parking lots, open, nonaccessory and publicly or privately owned and operated for the parking of private passenger automobiles (NOTE: This was edited out as 17. Adult day care facility provided: (NOTE: This was edited out as 18. Accessory buildings which exceed four (4) automobile stalls or 800 square feet. 19. Bed and breakfast establishments provided: a. The establishment has a valid permit from the City Health Department. b. The only meal served is breakfast to registered guests. c. Off-street parking is available as required by Section 28.11(3)(l)6.d. d. No establishment shall be within 1000 feet of any other such establishment, measured lot line to lot line. e. Fire protection is approved by the Fire Department which may be more restrictive than State requirements. f. Length of stay shall not exceed twenty-one (21) consecutive days for each registered guest. 20. Business and professional offices in existing buildings owned by Wisconsin Bell, Inc., as of the date of enactment of this ordinance. 21. Buildings of historical significance or architectural merit and which are open for public inspection. 22. Golf courses, including golf driving ranges, provided (NOTE: This was edited out as 23. Mission Houses, when operated in conjunction with a church and in the same building 24. Schools: elementary, middle, junior high or high, after Urban Design Commission approval. Provided, however, that minor alterations may be approved by the Director of Planning and Community and Economic Development. 25. (NOTE: This was edited out as 26. Conversion of any single-family or multi-family dwelling to any accessory use, provided that in 27. Adult Family Homes, except those that are permitted under Sec. 28.08(2)(b)18., provided: (NOTE: This was edited out as 28. Farmers markets for the sale of personally prepared food and handcrafted goods, as defined in Sec. 9.13(6)(e), in the parking lots of non-residential uses. 3
R3 Single-Family and Two-Family Residence District. (b) Permitted Uses. The following uses are permitted in the R3 district provided no structure shall exceed 10,000 square feet in floor area: 1. Any use permitted in the R1 district. 2. Two-family detached dwellings. 3. Community living arrangements for nine (9) to fifteen (15) persons being served by the program provided: (NOTE: This was edited out as 4. Bed and Breakfast Establishments provided: a. The establishment has a valid permit from the City Health Department. b. The only meal served is breakfast to registered guests. c. Off-street parking is available as required by Section 28.11(3)(l)6.d. d. No establishment shall be within 500 feet of any other establishment, measured lot line to lot line. e. Fire protection is approved by the Fire Department which may be more restrictive than State requirements. f. Length of stay shall not exceed twenty-one (21) consecutive days for each registered guest. 5. Split Two-Family Dwelling, provided that the bulk regulations shall be as provided in Section 28.08(4)(d)-(g), except as specifically listed below: (c) Conditional Uses. 1. Any use allowed as a conditional use in the R1 district may be allowed in the R3 district, subject to the provisions of Section 28.12(11), except that planned residential development dwellings shall have a lot area of not less than one and one-half (1 1/2) acres. 2. Community living arrangements, except those which are permitted under Section 28.08(2)(b)11. or 28.08(4)(b)3, provided: a. That the loss of any state license or permit by a community living arrangement be an automatic revocation of that facility s use permit. b. That any use permit issued pursuant to this paragraph shall not be transferable to another location or another holder. c. That the applicant disclose in writing the capacity of the community living arrangement. 3. Educational societies, nonprofit, tax exempt provided: a. The principle use of the building is residential; b. The total floor area used for nonresidential purposes does not exceed five hundred (500) square feet; c. The area used for the society is used exclusively by members of the society; d. The hours of operation be approved by the Plan Commission and strictly adhered to by the applicant. 4. Dwelling units where 100% interest in the fee simple is held by a nonstock corporation or a housing corporation pursuant to Sec. 28.03(2)2.b.i., ii. or iii. 5. (NOTE: This was edited out as 6. Conversion of any single-family or multi-family dwelling to any accessory use, provided that in R4 General Residence District. (b) Permitted Uses. The following uses are permitted in the R4 district provided no structure shall exceed 10,000 square feet in floor area: 1. Any use permitted in the R3 district. 2. 3. Clubs and lodges, private, provided such buildings shall be located not less than fifty (50) feet from any lot in a residence district. 4. Convalescent homes and nursing homes, provided such buildings shall be located not less than fifty (50) feet from any lot in a residence district. 4
5. Hospitals and sanitariums, provided such buildings shall be located not less than fifty (50) feet from any lot in a residence district. 6. Day care centers. (c) Conditional Uses. The following conditional uses may be allowed in the R4 district subject to the provisions of Section 28.12(11). 1. Any use allowed as a conditional use in the R3 district, unless permitted in (b) above. 2. Planned residential developments--public housing for the elderly, provided that the total site area shall be not less than one and one-half (1 1/2) acres, and further provided that the site may consist of two (2) zoning lots separated only by a public right-of-way where authorized by the City Plan Commission. 3. Planned development-hospital facility, provided that the total site area shall be not less than one and one-half (1 1/2) acres and further provided that the site may consist of two (2) or more zoning lots separated only by public rights-of-way where authorized by the Plan Commission. 4. Uses listed below and proposed for a zoning lot occupied by a landmark or landmark site designated by the Landmarks Commission providing the owner of said lot agrees to maintain the architectural and historical integrity and significance of said landmark or landmark site during the tenure of such conditional use. Providing such use is not considered by the Plan Commission to be detrimental to the neighborhood in which it is situated; providing that the Landmarks Commission approved such conditional use as being appropriate for the subject structure of site and neighborhood; and providing that the owner of said lot agrees, on behalf of himself, successors and heirs that if and when the landmark designation is removed the conditional use permit becomes null and void: a. Wearing apparel shops employing five (5) persons or less. b. Professional and business offices. c. Art galleries and museums. d. Toy, gift, book and hobby shops. e. Interior decorators and upholsterers. f. Barber and beauty shops employing five (5) persons or less. g. Florist shops employing five (5) persons or less. h. Photography studios. i. Medical and dental facilities. j. Conservatories employing five (5) persons or less. k. Delicatessens and catering establishments employing five (5) persons or less. l. Drugstores. m. Tailor shops. n. Hat and shoe repair shops. o. Restaurants and restaurant-taverns with or without bars. p. Antique shops. q. Renting not more than six (6) lodging rooms to transient guests. 5. The division of and addition to any single-family, two-family or multiple-family dwelling which results in the creation of additional dwelling units therein. 6. Multiple-family detached dwellings provided that there shall be not more than eight (8) dwelling units in a detached dwelling. 7. Recreational buildings and community centers, not operated for profit. 8. Offices for nonprofit community service organizations located in recreational buildings or community centers. 9. Mission house. 10. One rowhouse dwelling unit per lot provided: (NOTE: This was edited out as 11. (NOTE: This was edited out as 12. Conversion of any single-family or multi-family dwelling to any accessory use, provided that in 13. On-site management offices for the leasing and/or rental of dwelling units on a zoning lot where the principal use is residential, provided that the office serves only dwelling units on the same zoning lot. In no case shall the total floor area devoted to such use exceed one thousand (1,000) square feet. 5
14. Restaurants, including catering, in churches provided that: (NOTE: This was edited out as 15. Outdoor vendor and/or catering services by a non-profit organization that provides transitional housing and employment training provided that: (NOTE: This was edited out as R5 General Residence District. (b) Permitted Uses. The following uses are permitted in the R5 district provided no structure shall exceed 10,000 square feet in floor area: 1. Any use permitted in the R4 district. 2. Apartment hotels. 3. Fraternity and sorority houses and other similar types of cooperative housing facilities. 4. Lodging houses. 5. Bed and Breakfast Establishments provided: a. The establishment has a valid permit from the City Health Department. b. The only meal served is breakfast to registered guests. c. Off-street parking is available as required by Section 28.11(3)(l)6.d. d. No establishment shall be within 500 feet of any other establishment, measured lot line to lot line. e. Fire protection is approved by the Fire Department which may be more restrictive than State requirements. f. Length of stay shall not exceed twenty-one (21) consecutive days for each registered guest. (c) Conditional Uses. The following conditional uses may be allowed in the R5 district subject to the provisions of Section 28.12(11). 1. Any use allowed as a conditional use in the R4 district unless permitted in (b) above. 2. 3. Colleges and universities, and buildings at colleges and universities over three (3) stories or forty (40) feet in height in the area bounded by the Village of Shorewood Hills on the West, Lake Mendota on the north, lake Street on the east and a boundary on the south formed by University Avenue extending to its intersection with Campus Drive and following Campus Drive to its intersection with the Village of Shorewood Hills at University Bay Drive, but not including business colleges or trade schools. 4. Institutions for the aged and for children. 5. Offices of health, medical and welfare institutions qualifying as nonprofit institutions under the laws of the State of Wisconsin, including, in addition, for-profit business and professional offices, provided such business and professional offices shall not exceed forty-nine percent (49%) of the total gross floor areas of all buildings on the zoning lot. 6. 7. Any development of a through lot, provided that the use of the parcel is either a permitted or conditional use allowed in the R5 General Residence District. 8. (Reserved For Future Use.) 9. Multiple-family dwellings. 11. Language schools. 12. Structures including any additions thereto where the total floor area on the zoning lot exceeds 10,000 square feet. 13. Conversion of any single-family or multi-family dwelling to any accessory use, provided that in 2. Lodging rooms--minimum lot area of four hundred (400) square feet per lodging room. 6