Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE XIV
Additional Regulations
§ 310-90 Site, architectural and operations review.
[Added 4-10-2009 by Ord. No. 09-O-9]
A.
Purpose. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property value, no person shall commence any nonagricultural use or erect any structure, except conventional one- and two-family dwellings, without first obtaining the approval of the Plan Commission of detailed site, architectural and in the case of commercial, industrial or institutional uses, operations plans as set forth in this chapter. The Plan Commission members shall familiarize themselves with the site, existing and proposed structures, architecture, neighboring uses, parking areas, driveway locations, loading and unloading in the case of commercial and industrial uses, highway access, traffic generation and circulation, drainage, landscaping, sewerage and water systems, as well as plans of proposed operation.
B.
Scope. Requirements for site, architectural, and operations plan review shall be applied to any development, new or remodeled, in the following zoning districts: B-1 General Commercial, B-2 Highway Commercial and I Industrial.
C.
Building permit required. No building that falls within the purview of this chapter shall be constructed, demolished or altered in any architectural design until a building permit is issued by the Building Inspector. "Altered in architectural design" shall include but is not limited to any change in the design of windows, entryways, facade design, visible roofing or siding.
D.
Plan Commission review guidelines.
(1)
Established. To expedite a through review of applications under this chapter, the Plan Commission is authorized to establish one or more site, architectural and operations plan reviews. The Plan Commission is authorized to review all applications, make findings, and make written recommendations.
(2)
Plan review guidelines. The Plan Commission shall use the following guidelines for, reviewing proposed development activities to assure compliance with the subsection:
(a)
The mass, volume, and height or setback of proposed structures shall appear to be compatible with existing buildings in the immediate area, or be historically accurate.
(b)
The facade of new or remodeled structures should maintain a compatible relationship with those of existing structures in terms of window sills or header lines, proportion of window and door openings, horizontal or vertical emphasis or major building elements, and extent of architectural detail, or shall be historically accurate.
(c)
Exterior remodeling should be designed to take into account the entire building facade. The ground floor exterior should be designed to harmonize with the upper stories.
(d)
The building materials and colors used should complement and be compatible with other buildings in the immediate area, or shall be historically accurate.
(e)
Storefront window display areas should be considered an important part of the retail marketing strategy of the community. Large glass windows and street-level display areas should be retained or planned into new construction.
(f)
Existing buildings and structures should be recognized as products of their own time. Alterations which have no historical basis should be discouraged.
(g)
Demolition occurs only where it is found that the structure is structurally unsound or physically incapable of supporting a viable use.
(h)
The sizing and placement of signs should fit the buildings.
(i)
All off-street parking and service areas should be landscaped and screened as viewed from the public right-of-way.
(j)
Exterior lighting is intended to promote a safe and attractive character throughout Black Earth without creating a nuisance to adjacent properties.
E.
Administration.
(1)
The following plan data shall be submitted to the Zoning Administrator, who shall transmit all applications and their accompanying plans to the Plan Commission for review 14 days prior to the Plan Commission meeting at which approval is being requested:
(a)
Site plan drawn to scale (including scale and North point).
(b)
Name of project.
(c)
Owner's and/or developer's name and address.
(d)
Architect's and/or engineer's name and address.
(e)
Date of plan submittal.
(f)
Existing topography shown at a contour interval not less than two feet (or, where not readily available, elevations at appropriate locations).
(g)
Proposed changes to topography.
(h)
The type, size, location and dimensions of all structures including fences and walls.
(i)
Location and number of parking, loading, and storage areas.
(j)
Primary building materials used in construction of all structures.
(k)
Height of building(s).
(l)
Location and size of existing and proposed sanitary sewers, septic tanks, disposal fields, holding tanks, storm sewers and water mains.
(m)
Location, size and capacity of proposed stormwater detention/retention areas.
(n)
Location of proposed solid waste (refuse) storage areas.
(o)
Location of pedestrian sidewalks and walkways.
(p)
Existing and proposed public right-of-way widths.
(q)
Illustrations and sizes of any signage to be placed in proposed structures or any freestanding signs.
(r)
Location, type, height and intensity of proposed lighting.
(s)
Site entrance, drive dimensions such as widths, radii, and visibility triangles.
(t)
Location and dimensions of all existing or planned easements, lands subject to deed restrictions or protective covenants, right-of-way, and required emergency access ways.
(u)
Locations of existing trees and extent and type of proposed planting, including type and extent or erosion control.
(v)
A graphic delineation of any planned development staging.
(w)
Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of proposed structures.
(x)
Any other site or use information which will assist the Plan Commission in making a determination and recommendation on the proposal.
(2)
In addition, operations plan data to be submitted with all plan review applications 14 days prior to the Plan Commission meeting shall include at least the following:
(a)
Specific use of site and building(s).
(b)
Hours of operations.
(c)
Number of full- and part-time employees.
(d)
Estimate of daily truck and auto trips to the site.
(e)
Type of materials and equipment to be stored on site.
(f)
Method of handling solid and liquid waste disposal.
(g)
Method of exterior maintenance (site and buildings).
(h)
Method of site and building security other than local police.
(i)
Any other information which will assist the Plan Commission in making a determination and recommendation of the proposal.
F.
Informal meeting recommended. Applicants are encouraged to submit conceptual plans or meet with the Plan Commission for preliminary review and discussion prior to formal submittal or detailed plans.
G.
Review of findings. The Plan Commission shall review the referred site, architectural, and operations plan at a meeting within 35 days after the initial application is made. The Plan Commission shall not approve any plans unless it finds by a preponderance of the evidence after viewing the application that the structure, as planned, will not violate the intent and/or use 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. Any approval by the Plan Commission and its staff will become null and void if the structure, site development, or use is not commenced within 12 months from the date of approval of extended by the Plan Commission.
H.
Conditional uses. Where site, architectural, and operations plan review is for a conditional use, any additional submittals required for a conditional use permit application shall be included in addition to the information required herein.
I.
Compliance. Compliance with all other provisions of this chapter such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operations control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
J.
Issuance of building permit. A building permit shall be issued to the applicant, stating the official action of the Plan Commission, and shall be referred to for the enforcement of this chapter. Approved building permits shall expire in 12 months unless substantial work has been completed. Permits issued under this subsection may be renewed or extended with the written approval of the Plan Commission. Nothing in this subsection shall be construed to waive the requirement of compliance with the building and zoning codes if the project is subject to same.
K.
Appeals. Any person or persons aggrieved by any decisions of the Plan Commission related to site, architectural and operations review may appeal the decision to the Village Board. Such appeal shall be filed with the Village Clerk within 30 days after filing of the decision with the Zoning Administrator.