Fill - Free fillable Form 1: NOTICE: The Board of Zoning Appeal (City of Whitewater) PDF form

"

NOTICE: The Board of Zoning Appeal meetings are scheduled on the 4

1

Thursday

of the month. All complete plans must be in by 9:00 a.m. Monday prior to the

1'

1

Thursday of the month. If not, the item will be placed on the next available Board

of Zoning Appeals meeting.

CITY OF WHITEWATER

BOARD OF ZONING APPEALS APPLICATION PROCEDURE

1. File the application with the Code Enforcement Director's Office at least

four

weeks prior to the meeting. $200.00 fee. Filed on

_

2. Class 2 Notice published in Official Newspaper on

and . The last publication to be at least 10

days

prior to the meeting.

3. Notices of the Public Hearing mailed to property owners within 300 feet

of

the property involved in the application on

_

4. Board of Zoning Appeals holds the PUBLIC HEARING

on

They will hear comments of the Petitioner and comments of property

owners.

Comments may be made in person or in writing.

5. At the conclusion of the Public Hearing, the Board of Zoning Appeals

goes

into

closed session not to reconvene. Notification of the decision in writing

to

appellant, news media, etc. will follow.

PLEASE COMPLETE THE FOLLOWING

APPLICATION.

Refer to Chapter 19.72 of the City of

Whitewater

Municipal Code of

Ordinances, entitled BOARD OF ZONING APPEALS, for more information on

the

application.

.

CITY OF WHITEWATER

SITE PLAN SUBMITTAL

REQUIREMENTS

1. Site Plan,

including

the location and

dimensions

of

all buildings,

parking,

loading, vehicle

and

pedestrian circulation, signs, walls, fences,

other structures, outdoor storage areas,

mechanicals,

and dumpsters. Adjacent streets and uses and methods for screening

parking, loading, storage, mechanical,

and dumpster

areas

should be shown.

Statistics

on

lot area, green

space percentage,

and housing

density

should be provided. The Plan

Commission

encourages compliance

with its adopted

parking

lot curbing policy.

2.

Natural Features

Inventory Map, showing the

existing

limits of all water bodies,

wetlands,

floodplains, existing

trees with trunks more than 4 inches in diameter, and any

other

exceptional

natural resource features on

all

or part of the site.

3.

Landscape

Plan, prepared by a

professional,

and

showing

an overhead

view

of all

proposed

landscaping

and

existing landscaping

to remain. The

species, size

at time

of

planting, and

mature

size

should be indicated for

all

plantings. Areas to be left in green

space should be

clearly

delineated. The Plan

Commission

encourages

compliance

with

its adopted

landscaping guidelines, available

from the Zoning

Department.

4.

Grading

and

drainage

plan, meeting the

City's

stormwater management ordinance

if

required. The plan should show

existing

and proposed surface elevations on the site

at

two foot intervals or

less,

and proposed stormwater

management

improvements, such as

detention/retention

facilities

where required. Stormwater

calculations

may be required.

5. Utilities plan,

showing

locations and sizes of

existing

and proposed connections

to

sanitary sewer, water,

and storm sewer

lines

,

along with required easements. Sampling

manholes may be required for

sanitary

sewer. The City's noise ordinance must be met.

6.

Building elevations,

showing the

dimensions, colors,

and

materials

used on all sides of

the building. The Plan Commission

encourages variety

and

creativity

in

building

colors

and

architectural styles, while

respecting the

character

of the surrounding neighborhood.

7. Sign plan, meeting the City's sign ordinance, and showing the location, height,

dimensions, color,

materials,

lighting and copy area of

all

signage.

8.

Lighting

plan, meeting the City's

lighting ordinance,

and showing the location, height, type, orientation and

power

all proposed outdoor

lighting both on poles and on

buildings. Cut sheets and photometric plans may be

required

for larger projects.

Twenty complete sets of all plans should be submitted. All plans should be drawn to a scale

of not less than 50 feet to the inch; represent

actual existing and

proposed site conditions

in

detail;

and indicate the

name,

address, and phone number of the applicant, land owner,

·

architect,

engineer,

landscape

designer,

contractor, or others responsible for preparation.

It

i

s

often possible and

desirable

to include two or more of the above 8 plans on one map.

The

Zoning Administrator or Plan and

Architectural Review

Commission may request

more

information, or may reduce the submittal requirements. If any of the above 8 plans is

not

submitted, the applicant should provide a written

explanation

of why it is not submitted.

10/6/04

TO:

THOSE REQUESTING A VARIANCE OF

ZONING

REQUIREMENTS

FROM:

THE BOARD OF ZONING APPEALS

THINGS YOU

WILL

HAVE TO PROVE TO BE

GRANTED

A

VARIANCE

The Board of Zoning Appeals

has

the power

''to

hear and

grant applications for

variances

as will not be

contrary

to the public

interest

where, owing to

special

conditions,

a

literal

enforcement

will result

in

practical

difficulty

or

unnecessary hardship,

so

that

the spirit and

purposes

of the

ordinance shall

be observed and the public

safety,

welfare and justice

secured."

USE

VARIANCES WILL NOT BE

GRANTED.

Findings prerequisite to granting

of a

variance

No

variance to the provisions

of

this title shall

be

granted

by

the Board unless

it

finds beyond

a

reasonable doubt that

ALL of

the following

facts and conditions

exist, and so indicates in the minutes

of

its proceedings:

A.

The particular physical surroundings, shape,

or

topographical

conditions

of

the specific property involved would result in

a

practical

hardship upon the owner as distinguished from

a

mere inconvenience,

if

the strict letter

of

the regulations were to

be

carried out;

B.

The conditions upon which the application

for a

variance is based

would not

be a p p l i c a b l e

generally to other property within the

same zoning classification;

C.

The purpose

of the

variance is not based exclusively upon

a desire

for economic

or other

material gain

by

the applicant

or owner

;

D.

The proposed variance

will not

impair an adequate supply

of

light

and air to adjacent property

or substantially

increase the congestion in

the public streets,

or increase

the danger

of

fire,

or endanger

the public

safety,

or s u b s t a n t i a l l y

diminish

or i m p a i r

property values within the

neighborhood.

Please consider

the above items in

presenting

your oral testimony

,

for

a

lack of

such

testimony

may

result

in denial of the

variance.

All

questions in

the application

must

be

answered.

CITY

OFWIDTEWATER

APPLICATION FOR VARIANCE

AND INFORMATION ON APPLICANT(S)

Applicant's

Name:

_

Applicant's Mailing

Address:

Owner of Property Site

as

of date of application, according to current property

tax records:

_

Street Address of Property (if vacant

land,

describe

in

detail the property location):

Legal Description of Property (Name of Subdivision, Block and Lot,

or

other legal

description):

Agent

or

Representative Assisting

in

the Application (Engineer, Architect, Attorney,

Etc.)

Name: Firm:

_

Office

Address:

_

EXISTING AND PROPOSED

USES

Current Principal Use:

_

Accessory

or

Secondary

Uses:

_

Proposed Use (Describe need

for Variance):

_

Have you been granted any variances

in

the past, on any properties, whether fully

or

partially owned by

you.

Yes No

If

YES, list addresses of those properties and whether the requirements of the variance granted have been completed.

Zoning District

in

which

the

property

is located:

_

No. of

Occupants

Proposed to be accommodated:

No. of Employees, if

applicable:

Section of

the

City

of

Whitewater

Zoning

Ordinance

that

prohibits the proposed usage of the property.

It is

this

section

of the Ordinance

for

which

a

variance

is requested:

_

The particular physical

surroundings,

topographical conditions of the

specific

property involved would result

in a particular

hardship upon the owner

as

distinguished

from

mere inconvenience,

if

the strict letter of

the

regulations were to be carried

out

B.

The conditions

upon which the

application

for a

variance are based would not be

applicable

generally to other property within the

same

Zoning

classification

C.

The purpose of the variance

is not

exclusively upon

a

desire

for

economic

or other

material gain by the applicant

or owner.

D.

The proposed variance will not impair an

adequate supply

of

light and

air

to

adjacent

property

or

substantially increase the

congestion

in the

public streets,

or

increase the danger of

fire

or

endanger

the

public safety, or

substantially

diminish

or

impair property values within

the

neighborhood.

CONDITIONS

The City of

Whitewater

Zoning

Ordinance

authorizes the Board of Zoning Appeals to place conditions

on

approved variances. Please keep this in mind & supply ALL pertinent information

.

APPLICATION FEES

(to be

completed

by

City

)

Fee for Variance

application-

$200.00

Date fee

received

by

City

Receipt#

_

Received by:

_

Date Notice sent to owners of record: By

_

Date(s) published in Whitewater Register:

_

Date set for Hearing before Board of Zoning Appeals:

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AGREEMENT OF

SERVICES

REIMBURSABLE BY THE

PETITIONER/APPLICANT.

The City may retain

the

services of professional consultants (including planners, engineers, architects, attorneys,

environmental specialists, recreation specialists, and other experts) to assist in the

City's

review of a proposal coming before the Plan Commission, Board of Zoning

Appeals

and/or Common Council. The submittal of a development proposal application

or

petition

by a Petitioner shall be construed as an agreement to pay for such professional

review services applicable to the proposal. The City may apply the charges for

these

services to the Petitioner and/or property owner. The City may delay acceptance of the

application or petition as complete, or may delay final approval of the proposal, until the

Petitioner pays such fees. Review fees which are applied to a Petitioner, but which

are

not paid, may be assigned by the City as a special assessment to the subject

property.

The Petitioner shall be required to provide the City with an executed copy of

the

following form as a prerequisite to the processing of the proposed

application

(Architectural Review, B.Z.A., Planning, Zoning

Change):

, the applicant/petitioner

for

(Owner’s Name):

,,

dated:

_

Phone# ,

tax key #(s)

_

Agrees that in addition to those normal costs payable by an applicant/petitioner

(e.g.

filing or permit fees, publication expenses, recording fees, etc.), that in the event

the

action applied or petitioned for requires the City of Whitewater, in the judgment of

its

staff, to obtain additional professional service(s) (e.g. engineering, surveying,

planning,

legal) than normally would be routinely available "in house" to enable the City to

properly address, take appropriate action on, or determine the same,

applicant/petitioner

shall reimburse the City for the costs

thereof.

Dated this day

of.

,,

201 .

(Signature of Applicant/Petitioner)

(Printed Name of

Applicant/Petitioner)

(Signature of Owner of Property &

Date

Signed)

(Printed Name of Owner of

Property

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