Barton Town City Zoning Code
PART 6
Required Plans
§ 500-147 Plan required.
[Amended 11-1-1995 by Ord. No. 95-2[1]]
For the purpose of promoting compatible development and stability of property values, and to prevent impairment or depreciation of property values, no person shall commence any use or erect any structure, without first obtaining the approval of the Plan Commission of a detailed site plan(s) as set forth in this article. All single-family dwellings located on lots (and their associated accessory structures), two-family dwellings located on lots (and their associated structures), and agricultural structures (in the R-1, EA, AT, GA and HFA Districts only) are deemed exempt from the requirements of site plan review. The Plan Commission shall review the site, natural resource features of the site, site intensity of use, building location, density of dwelling units, floor area, impervious surface area, existing and proposed structures, architectural plans, neighboring uses, potential impacts upon neighboring uses, utilization of landscaping and open space, off-street parking and loading areas, driveway locations, loading and unloading in the case of commercial and industrial uses, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.
§ 500-148 Approval standards.
The Plan Commission will approve said site plan(s) only after determining that:
A.
Conformity of use to zoning district. The proposed use(s) conform(s) to the uses permitted as either a permitted use or special use (whichever is applicable) in the zoning district.
B.
Dimensional requirements. The dimensional arrangement of buildings and structures conforms to the required area, yard, setback, and height restrictions of this chapter.
C.
Site intensity and site capacity calculations to be reviewed. The requirements of Article VIII of this chapter shall be met. In this respect, the necessary worksheets for determining the maximum site intensity, or development capacity, of the site shall be submitted to the Plan Commission for review and approval.
D.
Use and design provisions. The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for the specified uses.
E.
Relation to existing and proposed streets and highways. There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic. In the case of arterial streets and highways not under the jurisdiction of the Town of Barton, that the applicable highway authority (county, state, or federal) has been contacted and the needed permits have been obtained and submitted to the Town for review.
F.
Impacts on surrounding uses. The proposed on-site buildings, structures, and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress and interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking, as specified by this chapter or any other codes or laws.
G.
Natural resource features protection. Natural features of the landscape are retained to enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes, or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood. The requirements set forth in Articles XV, XXI and XXX are to be met. Where required, a natural resource protection plan meeting the requirements set forth in Article XXI has also been submitted for Plan Commission review and approval.
H.
Required landscaping and landscape buffer yards. Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape buffer yards to provide for appropriate screening, fencing, or landscaping as required in Article XVIII of this chapter. Where required, a landscape plan meeting the requirements set forth in Article XXII has also been submitted for Plan Commission review and approval.
I.
Provision of emergency vehicle accessibility. Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.
J.
Building location. No building shall be permitted to be sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
K.
Location and design of loading facilities. No loading facility shall be permitted to be designed or sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of the existing structures on adjoining properties.
L.
Consistency with the intent of this chapter. The site plan is consistent with the intent and purposes of this chapter, which is to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to avoid the overcrowding of population, to lessen congestion on the public roads and streets, to reduce hazards of life and property, to facilitate the implementation of the Town of Barton Comprehensive Plan or component thereof, and those other purposes and intents of this chapter set forth in Article I of this chapter.
M.
Consistency with the intent of the Town of Barton Comprehensive Plan. The site plan is consistent with the public goals, objectives, principles, standards, policies, and design criteria set forth in the Town-adopted Comprehensive Plan or component thereof.
N.
Plan Commission reserves the right to determine a site unsuitable for planned use. Pursuant to the requirements of § 500-14B(3) of this chapter, the Plan Commission reserves the right to declare land or structures unsuitable for planned use during the site plan review process.
§ 500-149 Application requirements.
A.
The site plan(s) and related plans and data shall be submitted to the Zoning Administrator, who shall transmit all site plan review applications and their accompanying site plan(s) and related plans and data to the Plan Commission for its review and approval. Fourteen full-size copies of said site plan shall be submitted with 14 copies of the site plan review application.
B.
Site plan(s) submitted with site plan review applications shall include the following:
(1)
Scale and name of project. Site plan drawn to a recognized engineering scale with the name of project noted.
(2)
Owner's and/or developer's name and address. Owner's and/or developer's name and address noted on the site plan.
(3)
Architect and/or engineer's name and address. Architect and/or engineer's name and address noted on the site plan.
(4)
Date. Date of site plan submittal with all dates of revision noted on the site plan.
(5)
Scale and site size. The scale of drawing and the size of the site (in square feet or acres) noted on the site plan.
(6)
Existing and proposed topography. Existing and proposed topography shown at a contour interval of not more than two feet at National Geodetic Vertical Datum of 1929 (mean sea level) noted on the site plan. A site grading plan may also be required by the Zoning Administrator and/or Plan Commission.
(7)
Soils data. The characteristics and types of soils related to contemplated specific uses noted on the site plan. Soil borings may be required by the Town Engineer, Zoning Administrator, and/or Plan Commission meeting those requirements set forth under § 500-14B(3)(b) of this chapter.
(8)
Off-street parking spaces, loading, ingress and egress, and driveway locations of adjoining properties. The total number of off-street parking spaces, loading areas, drives, curb cuts, and vehicular ingress and egress locations to the site. If the proposed development abuts an existing or planned collector or arterial street or highway, as identified on the Town of Barton Comprehensive Plan or component thereof, all driveway locations of all adjoining properties within 200 feet of the site shall be graphically indicated and dimensioned (with distances and widths noted) on the site plan.
(9)
Type, size, and location of all structures and signs. The type, size, and location of all structures and signs with all building and sign dimensions noted on the site plan.
(10)
Building height. Height of all building(s), including both principal and accessory, expressed in both feet and stories noted on the site plan.
(11)
Existing and proposed street names. Existing and proposed street names noted on the site plan.
(12)
Existing and proposed public street rights-of-way or reservations. Existing and proposed public street rights-of-way or reservations and widths with existing or proposed center-line elevations, pavement type, fire lanes, walks, curbs, gutters, culverts, etc., shall be indicated on the site plan.
(13)
Building and yard setbacks. All building and yard setback lines shall be graphically indicated on the site plan.
(14)
North arrow. A North arrow shall be indicated on the site plan.
(15)
Proposed sanitary sewers, storm sewers, and water mains. Existing and general location of proposed sanitary sewers and/or on-site sewage disposal system, storm sewers (including direction of flow), water mains, and fire hydrants. All locations for the proposed connections to such utilities shall be indicated on the site plan.
(16)
Proposed stormwater management facilities. Location of any proposed stormwater management facilities, including detention/retention area(s), and the submission of stormwater calculations which justify the stormwater detention/retention area(s). Said submission shall indicate how the planned stormwater drainage system meets the requirements of the Town's stormwater management plan or other Town stormwater drainage policies.
(17)
Natural resource protection plan required. Location of natural resource features present on the site, as defined in Articles XV and XXX of this chapter. A natural resource protection plan meeting the requirements of Article XXI of this chapter shall be submitted with the site plan review application for Plan Commission review and approval. The natural resource protection plan should include any areas of the site where natural resources are to be mitigated and how and where the mitigation is to take place with natural resource protection easements indicated. Copies of any letters of review or permits granted by applicable federal or state regulatory agencies having jurisdiction over said natural resources shall also be submitted.
(18)
Landscape plan required. Where landscaping as required in Article XXII of this chapter is to be installed on the site, a landscape plan meeting the requirements set forth in Article XXII of this chapter shall be submitted with the site plan review application for Plan Commission review and approval.
(19)
Site intensity and capacity calculations to be submitted. The site intensity and capacity calculation worksheets required under Article VIII for determining the maximum site intensity, or development capacity, of the site. For residential uses, the maximum number of dwelling units permitted on the site shall be determined based upon the zoning district's maximum density (gross and net), the natural resources present on the site and the level of their preservation, minimum open space ratio, and the residential development option selected. For nonresidential uses, the maximum floor area permitted on the site shall be determined based upon the zoning district's allowable maximum floor area ratio (gross and net), the natural resources present on the site and their level of preservation, the minimum landscape surface ratio, and building height in feet and stories.
(20)
Pedestrian sidewalks and walkways. The location of pedestrian sidewalks and walkways.
(21)
Development staging/phasing. A graphic outline of any development staging or phasing which is planned noted on the site plan.
(22)
Architectural plans, elevations, and perspective drawings and sketches. Architectural plans, elevations, and perspective drawings and sketches illustrating the design, character, materials, and dimensions of proposed structures. At this stage of the project review process, said architectural plans, elevations, perspective drawings, and sketches do not need to meet the requirements of Article XXIII of this chapter.
(23)
Lighting plan required. A lighting plan which meets the lighting regulations set forth in Article XIX of this chapter. Said lighting plan shall indicate the location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site.
(24)
Easements. The location of all existing and proposed easements on the site, including natural resource protection and mitigation area easements, landscape easements, access easements, utility easements, and all other easements.
(25)
Highway access. Copies of any letters of review or permits granted by applicable federal, state, or county regulatory agencies having jurisdiction over highway access, if applicable.
(26)
Market analysis. In the case of a commercial use on a parcel of land greater than 30,000 square feet in area, a market analysis, prepared and signed by an independent market analyst, may be required by the Plan Commission, containing the following:
(27)
Financial plan for project implementation to be provided. A financial plan for project implementation, acceptable to the Plan Commission, may be required.
(28)
Project summary. A written project summary, including fiscal impact upon the Town of Barton, operational information, building schedule, and estimate of project value and including all site improvement costs.
(29)
Additional data may be required by the Town. Additional data as may be required by the Plan Commission, Zoning Administrator, or Town Engineer to review the site plan. Such other data may include the preparation and submittal of detailed traffic impact analyses studies performed by a transportation engineer or fiscal impact analyses studies.
C.
Planned unit development (PUD) site plan requirements in the PUD District. Planned Unit Development (PUD) District site plans shall meet those site plan requirements set forth in Subsection B(1) through (29) of this section. In addition to those other site plan requirements specified elsewhere in this section, Planned Unit Development (PUD) Districts shall show all buildings and their use, open space, common open space, recreation facilities, service areas, and other facilities to indicate the character of the proposed development. The submission for proposed developments in PUD Districts shall also include information and drawings depicting the following:
(1)
Utilities on and adjacent to the property. The location, size, and invert elevation of sanitary, storm, and combined sewers; location and size of water mains; location of gaslines, fire hydrants, electric and telephone lines, cable television lines, and streetlights; direction and distance to and size of nearest water mains and sewers adjacent to the property showing invert elevations of sewers.
(2)
Zoning on and adjacent to the property. The zoning on the property and the zoning of those properties adjacent to the property.
(3)
Proposed public improvements. The location, alignment, and width of any proposed public improvements, including highways or other major improvements planned by public authorities for future construction on or near the tract.
(4)
Open space. All parcels of land intended for use as open space shall be indicated.
(5)
General location and purpose of each building. The general location and purpose of each building proposed for the property shall be graphically indicated on the site plan.
(6)
A written description of the character of the proposed planned unit development to be submitted with site plan. A written description of the character of the planned unit development and the manner in which it has been planned to take advantage of the flexibility of the Planned Unit Development District regulations.
(7)
Schedule. A development schedule shall be submitted, indicating the following:
(a)
Project phasing plan required. A project phasing, or staging, plan is required indicating when various areas, open space, densities, uses, and public facilities are planned to be developed with each phase or stage. The overall design of each stage shall be shown on the plan and through supporting graphic material.
(b)
Project phase dates and timing of development. The approximate dates for the beginning and completion of each development phase, or stage, shall be indicated.
(c)
Land use schedule required. If different land use types are to be included in the planned unit development, the schedule must include the mix or uses to be built in each stage.
(8)
Covenants and deed restrictions required. Written documentation of the proposed agreements, provisions, declarations, deed restrictions, or covenants which will govern the use, maintenance, and continued protection of the planned unit development and any of its common open space.
(9)
Density. Provide information on the density of residential uses and the number of dwelling units by type.
(10)
Nonresidential uses. Provide information on the type and amount of ancillary and nonresidential uses in the development.
(11)
Preliminary facility plans required. Preliminary plans for the following facilities are required to be submitted as part of the site plan submission:
(12)
Special studies may be required. Fiscal, traffic, or environmental impact studies may be required when deemed appropriate by the Plan Commission or the Town Board.
(13)
Engineering requirements and specifications. Engineering requirements and specifications are to be in conformance with the standards set forth in Chapter 340, Land Division, and other accepted engineering standards as determined by the Town Engineer.
(14)
Chapter 340, Land Division, preliminary plat requirements to be met. Where the planned unit development involves the division of land, the site plan for planned unit development (PUD) developments in the PUD District shall meet all of the requirements of a preliminary plat for subdivision requirements as set forth in Chapter 340, Land Division, as amended, prior to the approval of any planned unit development.
§ 500-150 Review and findings.
[Amended 11-1-1995 by Ord. No. 95-2]
The Plan Commission shall review the referred plans within 45 days following their submittal. The Plan Commission shall render a decision at a subsequent Plan Commission meeting. The Plan Commission shall not approve any site plan(s) or other required plans unless it finds after viewing the site plan review application and data that the structure or use, as planned, will not violate the intent and purpose of this chapter. The Plan Commission will approve said plans only after determining that the proposed building or buildings will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety and provided such proposed development meets the various intent and purpose statements set forth in Article I and elsewhere in this chapter. Said decision shall be filed with the Zoning Administrator in the form of Plan Commission meeting minutes.
§ 500-151 Completion schedules; financial sureties.
The Plan Commission may impose time schedules for the completion of buildings, improved off-street parking and loading areas, open space utilization, utilities, landscaping, and natural resource features mitigation. The Plan Commission may require appropriate financial sureties as deemed necessary to guarantee that improvements, including improved off-street parking and loading areas, open space areas, utilities, landscaping, and natural resource features mitigation, will be completed on schedule. [Also see § 500-129F(2)].
§ 500-152 Appeals.
Any person or persons aggrieved by any decisions of the Plan Commission related to site plan review may appeal the decision to the Town Board. Such appeal shall be filed with the Town Clerk (or other Town Board authorized agent) within 30 days after filing of the decision with the Zoning Administrator.
§ 500-153 Plan requirements.
If natural resource features defined and described in Articles XV and XXX of this chapter are present on the property for which a site plan review, planned unit development concept plan, or planned unit development preliminary plan is requested, 20 full-size copies of a natural resource protection plan, drawn to the same scale as the site plan, planned unit development concept plan or planned unit development preliminary plan submission, shall be submitted. The natural resource protection plan shall show the following:
A.
Proposed name. The proposed name of the development.
B.
Location. The location of the proposed development.
C.
Names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer. The names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the designer of the plan.
D.
Date. Date of the natural resource plan submittal and all applicable revision dates.
E.
Site boundary. The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.
F.
Lot lines, right-of-way lines, and easements. The location of all proposed lot lines, right-of-way lines, and easements.
G.
Existing streets. The location, ownership, widths, and names (if available) of all existing and previously platted streets, rights-of-way, parks, and other public or open spaces located within or adjacent to the subject property.
H.
Easements and neighboring property boundaries. The location and dimensions of all permanent easements and the subject property boundary lines adjacent to the site.
J.
Disturbed and preserved natural resource features. Graphic and numerical illustration shown on the natural resource protection plan of those existing natural resource features that will be disturbed and those that will be preserved and showing on the illustration the area (in square feet or acres) of each existing resource and those areas of resources that are to be preserved. Numerical data may be shown in tabular form with labeled reference to specific areas designated on the natural resource protection plan. Any areas of the site where natural resources are to be mitigated and how and where the mitigation is to take place with natural resource protection easements shall be indicated.
K.
Method of natural resource preservation. Graphic illustration and notes relating to now those natural resource features, which are to be preserved, will actually be preserved (conservation easements, deed restrictions, protective covenants, etc.).
L.
Scale, North arrow, contours. A drawing legend containing the scale appropriate to the size of the site plan, the date of preparation, North arrow, and designation of existing and proposed contours at a maximum two-foot contour interval.
M.
Maximum sheet size of natural resource protection plan. The natural resource protection plan shall not exceed a maximum sheet size as required for the site plan, planned unit development concept plan, or planned unit development preliminary plan, whichever is applicable.
§ 500-154 Plan requirements.
A landscape plan shall be prepared on tracing cloth, or reproducible drafting film, or paper of good quality at a map scale as appropriate and shall show correctly the following information:
A.
Proposed name. The proposed name of the development.
B.
Location. The location of the proposed development.
C.
Names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer. The names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the designer of the plan.
D.
Date. Date of the landscape plan submittal and all applicable revision dates.
E.
Site boundary. The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.
F.
Landscape buffer yard easements and natural resource mitigation areas. All proposed landscape buffer yard easements and/or areas of natural resource mitigation clearly delineated and dimensioned and graphically shown in relation to all proposed lot lines and lots upon which said landscape buffer yard easements or mitigation areas are located.
G.
Location, extent, type, and sizes of existing trees and natural resource features. Location, extent, type (common name and scientific name in the case of plant materials), and sizes of all existing trees and natural resource features in all areas of the proposed development which are designated as a landscape buffer yard easement and/or mitigation area. If any existing vegetation or other natural resource features are to be demolished or mitigated, the extent of such demolition or area to be mitigated shall be properly delineated and so noted on the landscape plan.
H.
Location, extent, type, and sizes of landscape materials and plantings. Location, extent, type (common name and scientific name in the case of plant materials), and sizes of proposed landscaping and landscape plantings in all areas of the proposed development which are designated as a landscape buffer yard easement or for areas which are to serve as landscaped entrances or other special landscaped features of the development.
I.
Landscape plant material specifications. All new landscape plant material shall be grown in a nursery located in Plant Hardiness Zone 4 (as defined by the United States Department of Agriculture) and shall conform to the applicable requirements as specified in the current edition of American Standard for Nursery Stock as approved by the American National Standards Institute, Inc., and sponsored by the American Association of Nurserymen, Inc. Botanical plant names shall be in accordance with the current edition of Standardized Plant Names prepared by the American Joint Committee on Horticultural Nomenclature.
J.
Natural resource features mitigation plan required. If any natural resource feature is to be mitigated, either on site or off site, the plan for such mitigation, in adequate detail, as required by the Plan Commission, shall be submitted with the landscape plan.
K.
Maintenance. Areas of a development designated as landscape easement areas shall be maintained by the property owner and kept free of all debris, rubbish, weeds, and tall grass.
§ 500-155 Approval required.
For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall erect any structure without first obtaining the approval of the architectural plans by the Plan Commission as set forth in this article.
§ 500-156 Principles and standards for review.
[Amended 11-1-1995 by Ord. No. 95-2[1]]
The following principles and standards for architectural review are used by the Plan Commission in its review, approval or denial of the architectural review application. These are also intended to be a design aid for builders and owners to use in the preparation of architectural plans. A building permit shall not be issued for any multiple-family residential structure or nonresidential building which does not meet the requirements of this section. All single-family dwellings (and their associated accessory structures), two-family dwellings (and their associated accessory structures), and agricultural structures (in the R-1, EA, AT, GA and HFA Districts only) are deemed exempt from the requirements of architectural review. To implement this chapter, the following architectural review principles and guidelines are established:
A.
Building scale and mass. The relative proportion of a building to its neighboring existing buildings, to pedestrians or observers, or to other existing buildings shall be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.
B.
Building rooflines and roof shapes. The visual continuity of roofs and their contributing elements (parapet walls, coping, cornices, etc.) shall be maintained in building development or redevelopment.
C.
Materials. Material selection for architectural design shall be based upon the prevailing material already used on existing buildings in the area. No building shall be permitted where any exposed facade is constructed or faced with a finished material which is aesthetically incompatible with other building facades in the area or which presents an unattractive appearance to the public and surrounding properties.
D.
Colors. Since the selection of building colors has a significant aesthetic and visual impact upon the public and neighboring properties, color shall be selected in general harmony with the existing area or neighborhood buildings.
E.
Design repetition. A building design may not be repeated within four lots of an existing building. This shall apply to all buildings, whether or not they are constructed by the same builder.
F.
Elevations of buildings facing the public streets on a corner lot. Buildings located on corner lots shall continue the major front elevation design elements around the corner elevation.
G.
Building elevations clad with a singular exterior surface material. Building elevations clad with a singular exterior surface material shall provide some additional architectural design element(s) to break up the plane of the wall. This may be done by the addition of window(s), gable end wall treatments, siding design and accent panels, or other architectural design treatments consistent with the principal building design.
H.
Foundations below overhanging bays. Buildings shall be designed with foundations below all bays which overhang the building foundation. The Plan Commission will allow the construction of bay windows, projections of floors above the first floor, provided that they are a minimum of 12 inches above grade.
I.
Enclosure of metal furnace vents. All chimney and fireplace vents shall be enclosed in a chase constructed of materials similar to those materials used on the building elevations; metal housings designed by the vent manufacturer to enclose the chimney vents are acceptable.
§ 500-157 Application requirements.
Architectural review applications, including architectural plans, and related data and materials shall be submitted to the Building Inspector, who shall transmit all architectural review applications and their accompanying data and materials to the Plan Commission for its review and approval. The Plan Commission shall review plans for new buildings and building plans for additions to or alterations of buildings which significantly alter the original design. Architectural plan(s) submitted with architectural review applications shall include the following:
A.
Required application submittal materials. Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of all proposed structures. A color building elevation or perspective rendering of the exterior of the proposed building(s) shall be required for review by the Plan Commission for all nonresidential and multiple-family dwelling structures. Said elevations and perspective drawings shall indicate the location and placement of all auxiliary building equipment such as heating, ventilating, and/or air-conditioning equipment. These drawings are to be drawn to a recognized architectural scale with the name of the project noted. Building plans shall be submitted with all details drawn on each elevation. Plans drawn with partial building details indicated will be returned to the architectural review applicant for redrafting. Red-line drawings will only be accepted for minor detail changes; major changes will require redrafting of the building elevations. In addition, the following data, information, and materials are to be included:
(1)
Owner/developer. Owner's and/or developer's name and address noted.
(2)
Architect/engineer. Architect's and/or engineer's name and address noted.
(3)
Date. Date of submittal of plans.
(4)
Scale. Scale of drawings noted on each drawing.
(5)
Building type, size, and location. The type, size, and location of all structures, with all building dimensions shown.
(6)
Height. The height of building(s).
(7)
Plan Commission approved site plan required. The Plan Commission approved site plan indicating building location drawn to a recognized engineering or architectural scale, with the name of the project noted and North arrow shown.
(8)
Exterior materials samples to be provided. Samples of exterior materials and their colors.
(9)
Additional information may be required. Additional information and data which may be required by the Building Inspector or Plan Commission may include, but not be limited to, the following upon request: