Slinger City Zoning Code
ARTICLE X
Development Control
§ 550-92 Purpose; intent; compliance; applicability.
A.
Purpose and intent. This article is adopted for the purpose of promoting development that is aesthetically compatible with the character of existing development in the Village, and to further stabilize property values and prevent their depreciation.
B.
Compliance.
(1)
No person shall commence development of or alter any building, structure or site in a manner which is in conflict with the principles set forth in § 550-94 and the criteria set forth in § 550-95 of this chapter, subject to the following:
(2)
The requirements, criteria and standards contained in this article shall apply to:
(a)
New (first-time) development of any building, structure or site in the Village.
(b)
Expansions or additions to any building, structure or site in the Village.
(c)
Redevelopment or reuse of any building, structure or site in the Village. However, where full compliance is not practicable or would cause an undue economic hardship, the Planning Commission may, at its discretion, waive full compliance as the Commission finds necessary, provided the purpose and intent described in § 550-92A is met.
§ 550-93 Development review information.
The following development review information shall be required by the Planning Commission for developments in all zoning districts, excluding single-family and two-family districts, to aid in the determination of whether a development is aesthetically compatible with the character of existing development and desired development:
A.
Site plan (one twenty-four-inch-by-thirty-six-inch and seven eleven-inch-by-seventeen-inch sets of plans required).
(1)
Area map depicting proximity to nearest roadway intersection.
(2)
Plot plan of proposed development/parcel and all abutting parcels indicating zoning, building location, parking and driving surfaces, lighting, utility easements, and surface water flow patterns.
(3)
Two-foot interval topography of subject parcel.
(4)
Lands abutting an existing freeway or adjacent to a planned transportation corridor shall review and apply the requirements of § 550-85 of this chapter if applicable.
B.
Building plans (one twenty-four-inch-by-thirty-six-inch and seven eleven-inch-by-seventeen-inch sets of plans required).
(1)
Elevations of proposed structure or modified structure.
(2)
An accurate twenty-four-inch-by-thirty-six-inch color rendition of proposed structure or modified structure.
(3)
Sample colors and building materials shall be submitted by the applicant for review by the Planning Commission. In addition, a listing of all exterior materials shall be submitted which shall include the following: type of material, manufacturer of material, style and specific color. All physical samples of building materials shall be retained by the applicant after approval of the Planning Commission.
(4)
Landscape plan, including common and species names, sizes, and type of planting stock.
§ 550-94 Design review principles.
To implement and define criteria for the purposes set forth in § 550-92, the following principles are established:
A.
No building shall be permitted which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
No building shall be permitted a design or exterior as to create excessive monotony or drabness.
C.
No building shall be permitted where any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.
D.
No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse affect on the beauty and general enjoyment of existing structures on adjoining properties.
E.
Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical.
F.
Buildings and uses shall provide for safe traffic circulation and safe driveway locations.
G.
Buildings and uses shall provide adequate parking and loading areas.
H.
Buildings and uses shall be provided with adequate public services.
§ 550-95 Design review criteria.
[Amended 12-3-2018 by Ord. No. 11-01-2018; 1-17-2022 by Ord. No. 01-04-2022]
In accordance with § 550-94, the Planning Commission will utilize the following design review criteria:
A.
Rm-1 and Rm-2 Residential Zoning Districts.
(1)
Public or private street facing elevations of principal structures shall be constructed of a minimum 30% brick or stone veneer or decorative block or other decorative masonry material such as EIFS or Dryvit® or HardiePlank® or other similar decorative cement siding material (calculations to be provided by developer/applicant with submittal). To the extent deemed necessary by the Planning Commission given the unique circumstances of any particular project site, accessory structures shall match the material and color scheme of the principal structures and shall include a minimum 30% brick or stone veneer or decorative block or other decorative masonry material such as EIFS or Dryvit® or HardiePlank® or other similar decorative cement siding material (calculations to be provided by developer/applicant with submittal) on public or private street facing elevations.
(a)
The Planning Commission may waive some or all of the masonry material requirements on one or more of the building elevations (principal and/or accessory buildings) to the extent it is determined that some or all of the required masonry material is either excessive or unnecessary in the unique context of a particular site and/or building architectural design. If any waiver is proposed to be given, the Planning Commission shall take care to recite the basis for its decision in the motion.
(2)
Refuse and recycling areas shall be screened with appropriate vegetation and/or privacy fencing of a material compatible with the principal structure and the surrounding area.
(3)
Mechanical equipment, whether building- or ground-mounted, shall be screened from the public view from any elevation.
B.
B-1, B-2 and I-1 Zoning Districts.
(1)
All elevations of principal structures facing a public street shall be constructed of a minimum 30% brick, stone veneer or decorative block facing or decorative block or other decorative masonry material such as EIFS, or Dryvit® or HardiePlank® or other similar decorative cement siding material excluding windows and doorways. To the extent deemed necessary by the Planning Commission given the unique circumstances of any particular project site, accessory structures shall match the material and color scheme of the principal structures and shall include a minimum 30% brick or stone veneer or decorative block or other decorative masonry material such as EIFS or Dryvit® or HardiePlank® or other similar decorative cement siding material (calculations to be provided by developer/applicant with submittal) on any elevation facing a public street.
(a)
The Planning Commission may waive some or all of the masonry material requirements on one or more of the building elevations (principal and/or accessory buildings) to the extent it is determined that some or all of the required masonry material is either excessive or unnecessary in the unique context of a particular site and/or building architectural design. If any waiver is proposed to be given, the Planning Commission shall take care to recite the basis for its decision in the motion.
(b)
Expansion walls shall be exempt from the above masonry material requirements.
(c)
The developer or applicant shall provide calculations showing how each elevation complies with the above requirements. Such calculations shall be provided on the elevation plan sheet(s) submitted for approval.
(2)
Parking surfaces shall be constructed in conjunction with the criteria established in Article V of this chapter.
(3)
Landscaping shall be done in accordance with a plan approved by the Planning Commission in conjunction with Article IX, § 550-90, of this chapter.
(4)
Refuse and recycling areas shall be screened with appropriate vegetation and/or privacy fencing of a material compatible with the principal structure and the surrounding area.
(a)
Refuse receptacles installed and maintained for patrons are required for all food establishments located in these districts as deemed necessary by the Planning Commission. In addition, during plan review, the Commission will:
[1]
Determine site location;
[2]
Determine total number of receptacles; and
[3]
Require a minimum thirty-gallon container.
(b)
All refuse receptacles must be dumped regularly and maintained to sufficiently store refuse at all times.
(5)
Mechanical equipment, whether building- or ground-mounted, shall be screened from the public view from any elevation.
C.
B-3 Commercial Zoning District.
(1)
Elevations of principal structures facing a public street shall be constructed of a minimum 30% brick, stone veneer or decorative block facing, or decorative block or other decorative masonry material such as EIFS or Dryvit® or HardiePlank® or other similar decorative cement siding material, excluding windows and doorways.
(a)
Expansion walls shall be exempt from the above masonry material requirements.
(b)
The developer or applicant shall provide calculations showing how each elevation complies with the above requirements. Such calculations shall be provided on the elevation plan sheet(s) submitted for approval.
(2)
Other elevations of principal structure (except rear elevation) not facing a public street shall be constructed of a minimum 20% brick, stone veneer or decorative block facing, excluding windows and doorways (calculations to be provided by developer/applicant with submittal). Rear elevation of a principal structure shall be constructed with a minimum four-foot brick or decorative block fascia, excluding windows and doorways.
(3)
To the extent deemed necessary by the Planning Commission given the unique circumstances of any particular project site, accessory structures shall match the material and color scheme of the principal structures and shall include a minimum 30% brick or stone veneer or decorative block or other decorative masonry material such as EIFS or Dryvit® or HardiePlank® or other similar decorative cement siding material (calculations to be provided by developer/applicant with submittal) on any elevation facing a public street. Accessory structures may also be required to be constructed of a minimum 20% brick, stone veneer or decorative block facing, excluding windows and doorways and to have the rear elevation constructed with a minimum four-foot brick or decorative block fascia, excluding windows and doorways (calculations to be provided by developer/applicant with submittal).
(a)
The Planning Commission may waive some or all of the masonry material requirements on one or more of the building elevations (principal and/or accessory buildings) to the extent it is determined that some or all of the required masonry material is either excessive or unnecessary in the unique context of a particular site and/or building architectural design. If any waiver is proposed to be given, the Planning Commission shall take care to recite the basis for its decision in the motion.
(4)
Parking surfaces shall be constructed in conjunction with the criteria established in Article V of this chapter.
(5)
Landscaping shall be done in accordance with a plan approved by the Planning Commission in conjunction with Article IX, § 550-90, of this chapter.
(6)
Refuse and recycling areas shall be screened with appropriate vegetation and/or privacy fencing of a material compatible with the principal structure and the surrounding area.
(a)
Refuse receptacles installed and maintained for patrons are required for all food establishments located in these districts as deemed necessary by the Planning Commission. In addition, during plan review, the Commission will determine:
[1]
Site location;
[2]
Total number of receptacles; and
[3]
Will require a minimum thirty-gallon container.
(b)
All refuse receptacles must be dumped regularly and maintained to sufficiently store refuse at all times.
(7)
Mechanical equipment, whether building- or site-mounted, shall be screened from the public view from any elevation.
D.
M-1, M-2 and B&LM-1 Zoning Districts.
(1)
Elevations of principal structure fronting a public street shall be constructed of a minimum 30% brick, stone veneer or decorative block facing, or decorative block or other decorative masonry material such as EIFS or Dryvit® or HardiePlank® or other similar decorative cement siding materials, excluding windows and doorways.
(a)
Expansion walls shall be exempt from the above masonry material requirements.
(b)
The developer or applicant shall provide calculations showing how each elevation complies with the above requirements. Such calculations shall be provided on the elevation plan sheet(s) submitted for approval.
(2)
Other elevations of principal structure not fronting a public street shall be constructed of a minimum 20% brick, stone veneer or decorative block facing, excluding windows and doorways (calculations to be provided by developer/applicant with submittal).
(3)
Rear elevations of principal structure shall be constructed with a minimum four-foot brick or decorative block fascia, excluding windows and doorways.
(4)
To the extent deemed necessary by the Planning Commission given the unique circumstances of any particular project site, accessory structures shall match the material and color scheme of the principal structures and shall include a minimum 30% brick or stone veneer or decorative block or other decorative masonry material such as EIFS or Dryvit® or HardiePlank® or other similar decorative cement siding material (calculations to be provided by developer/applicant with submittal) on any elevation facing a public street. Accessory structures may also be required to be constructed of a minimum 20% brick, stone veneer or decorative block facing, excluding windows and doorways and to have the rear elevation constructed with a minimum four-foot brick or decorative block fascia, excluding windows and doorways (calculations to be provided by developer/applicant with submittal).
(a)
The Planning Commission may waive some or all of the masonry material requirements on one or more of the building elevations (principal and/or accessory buildings) to the extent it is determined that some or all of the required masonry material is either excessive or unnecessary in the unique context of a particular site and/or building architectural design. If any waiver is proposed to be given, the Planning Commission shall take care to recite the basis for its decision in the motion.
(5)
Parking surfaces shall be constructed in conjunction with the criteria established in Article V of this chapter.
(6)
Landscaping shall be done in accordance with a plan approved by the Planning Commission in conjunction with Article IX, § 550-90, of this chapter.
(7)
Refuse and recycling areas shall be screened with appropriate vegetation or privacy fencing of a material compatible with the principal structure and the surrounding area.
(8)
Mechanical equipment, whether building- or site-mounted, shall be screened from the public view from any elevation.
(9)
Outside storage of inventory, materials, equipment, supplies, scrap, etc., utilized in the day-to-day operation of the principal use shall be screened from public view with appropriate vegetation or privacy fencing of a material compatible with the principal structure and the surrounding area.
§ 550-96 Development bond.
To ensure the completion of an approved project within this Article X, a cash bond shall be submitted to the Village of Slinger prior to the issuance of a building permit to warrant the fulfillment of the conditions established therefor.
A.
Bond. A minimum cash bond as set from time to time by the Village Board shall be required.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
Completion time. The Planning Commission shall establish a reasonable time for the completion of each project. Upon satisfactory completion, the bond shall be returned to the developer upon approval of the Building Inspector.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C.
Bond forfeiture.
(1)
Failure of the developer to complete the building and its conditions in the allotted time shall cause the cash bond to be forfeited. Upon cause shown by the developer to the Commission, it may grant the developer additional time to complete the building as approved.
(2)
Forfeiture shall not relieve the developer of completion of the project.
§ 550-97 Administration.
A.
The Planning Commission shall review site and architectural plans for compliance with this article. The Planning Commission's review shall apply to all new or existing buildings, major building additions or improvements and site improvements, except for single- and two-family dwellings which are approved as indicated in § 550-97D. The Planning Commission shall approve plans only after determining that the buildings and structures are consistent with the principles and criteria set forth in §§ 550-94 and 550-95 of this chapter. The Planning Commission may deny approval of building plans but shall inform the permit applicant of any decision in writing.
B.
Duration and lapse of site plan approval. Within one year of the date of initial approval, the developer of the project shall obtain a building permit and shall begin construction of the project. If a permit is not obtained and construction is not started within one year, the site plan approval shall lapse. Upon application by the developer, the Planning Commission may renew its approval of the site plan as initially approved or may require changes deemed appropriate.[1]
[1]
Editor's Note: Original Sec. 10.06C, Retroactivity, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C.
Single- and two-family dwellings. The Zoning Administrator shall review and approve all single- and two-family dwelling unit building and site plans consistent with the principles set forth in § 550-94.
§ 550-98 Approval of minor accessory structures.
Minor accessory structures being constructed as an addition to an existing development may be permitted without approval by the Planning Commission after review and approval by Village staff. Such approval for minor accessory structures may include uses such as, but not limited to storage sheds, patios, decks, trash enclosures, flag poles, and mechanical equipment.
§ 550-99 Administrative appeals.
Any person aggrieved by a decision of the Planning Commission in regard to this article may appeal the decision to the Zoning Board of Appeals within 30 days after the Planning Commission has filed its decision. The Zoning Board of Appeals may affirm, modify or reverse the decision of the Planning Commission.
