Denmark Village City Zoning Code
ARTICLE VII
Site Plan Design and Review
§ 315-150 Purpose.
The purpose of this article is to promote compatible development; stabilize property values; foster the attractiveness and functional utility of the community as a place to live and work; preserve and enhance the character and quality of the built environment; maintain the integrity of those areas which have a discernible character or are of a special historic significance; protect public investments; and protect the natural environment by reducing storm water runoff, sedimentation and erosion, and the destruction of environmentally sensitive areas.
§ 315-151 Permit required.
No person shall commence any use or erect any structure, other than those specifically exempted in this chapter, prior to the issuance of a site plan permit under this section.
A.
Site plan permits issued by Zoning Administrator. The Zoning Administrator shall issue a site plan permit for residential development, which shall include: single-family and two-family development and redevelopment occurring on individual lots.
B.
Site plan permits issued by Plan Commission. The Plan Commission shall issue site plan permits for all nonresidential development, which shall include all development and redevelopment other than as specified in Subsection A above.
§ 315-152 Principles.
A.
To implement the purposes set forth in this article, the Plan Commission and Zoning Administrator shall review the following, as applicable: the site; existing and proposed structures; neighboring uses; utilization of landscaping and open space; parking areas; driveway locations; loading and unloading; street and highway access; traffic generation and circulation; drainage; sewerage and water systems; proposed operations; and other requirements of this chapter.
B.
The Plan Commission and Zoning Administrator will approve site plans only after determining that:
(1)
The proposed use(s) conform(s) to the uses permitted in that zoning district.
(2)
The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of this chapter.
(3)
The relative proportion of the scale and mass of a building to 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.
(4)
The visual continuity of roof shapes, rooflines and their contributing elements (e.g., parapet walls, coping, cornices, and the like) shall be maintained in building development or redevelopment.
(5)
The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for the specified uses.
(6)
There is a proper relationship between the existing and proposed streets, highways, and sidewalks within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic.
(7)
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, interior/exterior traffic flow, pedestrian movement, stormwater drainage, erosion, grading, lighting and parking as specified by this chapter and any other codes or laws.
(8)
Natural features of the landscape are retained where they can 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.
(9)
Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by appropriate screening, fencing, landscaping or other mitigating measures as provided or required in this chapter.
(10)
Land, buildings and structures are readily accessible to emergency vehicles and persons with disabilities.
(11)
The site plan is consistent with the intent and purpose of this chapter.
(12)
The site plan is consistent with the public goals, objectives, principles, standards, policies and design criteria set forth in the Village's adopted comprehensive plan or components thereof.
§ 315-153 Applications for residential site plan review requiring Zoning Administrator approval.
A.
Fees. The applicant shall submit to the Village all fees based upon the fee schedule adopted by the Village of Denmark Board.
B.
Complete application. An application shall be completed in full. An incomplete application shall not be accepted by the Village.
C.
Submittal requirements. In order for an application to be considered complete, the applicant shall submit to the Village Clerk:
(1)
One paper copy of the application packet.
(2)
One digital copy of the application packet, in PDF format or other format preapproved by the Village.
D.
Application packet requirements.
(1)
Developed lots.
(a)
Owner's name and address.
(b)
Date of plan submittal.
(c)
Lot size.
(d)
Site plan drawing showing:
[1]
Distance from all existing and proposed principal and accessory structures to applicable property lines and rights-of-way.
[2]
Distance from existing or proposed principal structure to existing and proposed accessory structures.
[3]
Existing and proposed rights-of-way and widths.
[4]
Existing and proposed easements for and locations of all utility lines, including sanitary sewers, water mains, storm sewers, other drainage facilities and features, communications lines, electrical lines, natural gas lines and other utilities present on and around the site, as applicable.
(e)
The type, size, height, location, and use of all existing and proposed structures with all building dimensions shown.
(f)
Scaled architectural plans illustrating the design and character of proposed structures.
(g)
Other information as may be required by the Zoning Administrator.
(2)
Undeveloped lots. In addition to the requirements above, plan data for development on previously undeveloped lots shall include:
(a)
Site plan drawn on a plat of survey to a recognized engineering scale, scale of drawing, North arrow, and site size information (area in acres or square feet).
(b)
Architect, developer, and/or engineer's name and address, as applicable.
§ 315-154 Applications for nonresidential site plan review requiring Plan Commission approval.
A.
Fees. The applicant shall submit to the Village all fees based upon the fee schedule adopted by the Village of Denmark Board.
B.
Presubmittal meeting. Prior to the submittal of a site plan, the developer shall meet with the Zoning Administrator and other appropriate Village staff to discuss zoning district, site plan, time lines, infrastructure and utilities, and other Village requirements. Such meeting should occur prior to any extensive outlay of funds on the part of the developer since it is intended to identify potential problems and methods to alleviate them and to encourage a cooperative effort between the developer and the Village.
C.
Complete application. An application shall be completed in full. An incomplete application shall not be accepted by the Village.
D.
Submittal requirements.
(1)
The petitioner shall apply to the Village of Denmark for the scheduling of an appearance before the Plan Commission no less than two weeks prior to the regularly scheduled Plan Commission meeting. The appearance before the Plan Commission shall not be scheduled unless the application is complete. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said application is complete per all the applicable requirements. The item may be placed on an agenda as a discussion-only item, without an application.
(2)
In order for an application to be considered complete and forwarded to the Plan Commission for review, the applicant shall submit to the Village Clerk:
(a)
No fewer than six copies of all site plans. All plans shall be drawn to an engineering scale no greater than one inch equals 100 feet plus one complete set of such plans reduced in size to 11 inches by 17 inches.
(b)
One digital copy of all site plans, in PDF format, or other format preapproved by the Village.
§ 315-155 Application packet requirements.
A site plan submitted to the Village of Denmark for review shall contain the following information, as applicable:
A.
Name of project/development.
B.
Location of project/development by street address and/or tax parcel number.
C.
Name and mailing address of developer/owner.
D.
Name and mailing address of engineer/architect.
E.
North arrow.
F.
Scale.
G.
Boundary lines of property, with dimensions.
H.
Two-foot contours on the subject property and extending from the subject property a minimum distance of 25 feet in all directions.
I.
Location, identification, and dimensions of existing and proposed:
(1)
Adjacent streets and street rights-of-way.
(2)
Private streets and public street rights-of-way.
(3)
Utility and any other easements, including but not limited to:
(a)
Electric.
(b)
Natural gas.
(c)
Propane.
(d)
Telephone.
(e)
Water.
(f)
Sewer (sanitary and storm).
(g)
Fiber optic lines.
(h)
Ingress/egress.
(4)
All existing and proposed buildings and structures (including numbers of units within each proposed building and/or structure).
(5)
Parking facilities.
(6)
Water bodies, wetlands, and floodplains.
(7)
Stormwater ponds, drainage ditches, and drainage patterns.
(8)
Sidewalks and walkways.
(9)
Bicycle facilities.
(10)
Driveway access locations.
(11)
Off-street loading areas and docks.
(12)
Fences and retaining walls.
(13)
All exterior signs.
(14)
Exterior refuse collection areas.
(15)
Exterior lighting.
(16)
Traffic flow entering, within, and exiting site.
(17)
Site statistics, including:
(a)
Site square footage.
(b)
Percent site coverage.
(c)
Percent open space.
(d)
Floor area ratio.
(18)
Location and dimensions of proposed outdoor display areas.
(19)
Color architectural renderings of the proposed structures, buildings, and signage, including:
(a)
All dimensions.
(b)
Gross square footage of existing and proposed buildings and structures.
(c)
Description of all exterior finish materials.
(20)
Grading and erosion control plans.
(21)
Landscaping plans.
(22)
A staging plan for any projects involving more than one phase or construction season which sets forth the chronological order of construction and relates to the proposed uses and structures of various service facilities and estimated completion dates.
(23)
Other information considered pertinent by the Plan Commission, Zoning Administrator, or other Village staff.
§ 315-156 Review by Plan Commission.
A.
The Plan Commission, in its consideration of the submitted complete application, shall take into account the purpose and intent of this chapter and criteria for review. The Plan Commission, in reviewing the application, may require such additional measures and/or modifications as it deems necessary to accomplish these objectives.
B.
If such additional measures and/or modifications are required, the Plan Commission may withhold approval of a site plan until a revision depicting such additional measures and/or modifications is submitted to the satisfaction of the Plan Commission, or may conditionally approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of Village staff.
C.
Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission.
D.
The Plan Commission may require appropriate sureties to guarantee that improvements will be completed on schedule.
§ 315-157 Criteria for review.
In reviewing site plan applications, the Plan Commission shall utilize the following criteria as a basis to determine whether the submitted site plan shall be approved, approved with conditions, or denied. The purpose of these criteria is to identify site plan and design features that affect the physical aspect of the Village's environment. These criteria are not intended to restrict imagination, innovation, or variety, but rather to set minimum standards and assist in focusing on site plan and design principles that can result in creative solutions that will develop satisfactory visual appearance within the Village, preserve taxable values, and promote the public health, safety, and welfare.
A.
All standards of this chapter and other applicable Village regulations are met.
B.
Adequate public facilities and utilities are provided.
C.
Adequate control of stormwater and erosion is provided and the disruption of existing topography, drainage patterns and vegetative cover is minimized insofar as is practical.
D.
Appropriate traffic control, parking, ingress/egress, and pedestrianways are provided.
(1)
All parking lots and/or driving areas are paved with concrete or asphalt.
(2)
Landscaped islands, trellises, raised sidewalks or similar techniques are employed to break up the expanse of a parking lot and provide safe pedestrian access.
(3)
Parking lots are located to the side or rear of the building, whenever possible.
E.
A minimum of 10% of the gross lot area is landscaped and/or open space areas. Stormwater management areas may be included in the calculation.
F.
Exterior lighting is contained on the lot to the extent practicable.
G.
Outside refuse bins are located behind the principal structure and screened from view by use of solid screening or opaque fencing material. Plastic or wooden slats through cyclone fencing shall not be deemed sufficient.
H.
A minimum ten-foot vegetative buffering or opaque fencing is provided adjacent to any R-1, R-2, R-3, R-4, R-5, or RD zoned lots. Plastic or wooden slats through cyclone fencing shall not be deemed sufficient.
I.
The appearance of buildings maintains a consistency of design, materials, colors, and arrangement.
(1)
Buildings shall have an articulated front facade and/or varied rooflines and in the B-1, B-2, B-3, I-1, I-2, and IN Districts, multifamily housing and boarding or lodging houses in the R-4 District, and nonresidential buildings in the R-1, R-2, R-3, R-4, R-5, and RD Districts, large walls shall contain windows or other treatments to break up the mass.
(2)
A minimum of 30% of a facade facing an existing or future street shall be finished with brick, wood, fieldstone, decorative masonry material, decorative glass panels, or decorative precast concrete panels, except where the building style requires a different material.
(3)
Attractive aluminum or vinyl siding which has the appearance of wood siding, a "brushed" surface, or other compatible attractive material may, however, be permitted.
(4)
Such finished material shall extend for a distance of at least 20 feet along the sides of the structure.
(5)
No lain concrete block building or metal-faced building, except those with an attractive finished surface mentioned above, shall be permitted.
(6)
Digital samples of all materials shall be furnished to the Plan Commission for review and approval.
(7)
All mechanical equipment is enclosed or screened. Rooftop equipment is integrated into the design of the structure, enclosed, or screened from ground-level view to the extent practicable.
(8)
Loading docks, loading areas, and overhead doors are located on the side or rear of the building(s).
J.
Appropriate building orientation is maintained to complement and enhance neighborhood development character.
(1)
All buildings shall have their primary facade oriented parallel to the street.
(2)
Alternatively, a building may be oriented to another geopolitical feature such as a rear lot line or other specified natural feature, provided that a direct pedestrian walkway is provided between the building entrance and the street.
§ 315-158 Initiation of land use or development activity.
Absolutely no land use or development activity, including site clearing, grubbing, or grading, shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.
§ 315-159 Maintenance.
The exterior walls and roofs of buildings shall be maintained in a clean, orderly, and attractive condition, free of cracks, dents, punctures, breakage or other forms of visible marring. Materials that become excessively faded, chalked, cracked, chipped, damaged, or otherwise deteriorated shall be replaced, refinished, repaired, or repainted in accordance with the reasonable determination and order of the Zoning Administrator in consultation with the Building Inspector.
§ 315-160 Modification of approved site plan.
Any development activities deemed by the Plan Commission to constitute a substantive deviation from the approved site plan shall be in violation of this chapter.
§ 315-161 Expiration.
All site plan approvals by the Plan Commission shall expire if the proposed project has not started construction within 12 months of the date of approval and finished construction within 24 months of the date of approval, unless otherwise agreed upon.