[HISTORY: Adopted by the Village Board of the Village of Denmark 1-5-2009 by Ord. No. 1-2009 (Ch. 24 of the 1998 Code). Amendments noted where applicable.]
The purpose of this chapter is to establish rules, regulations, standards, and procedures for approval of new multifamily, business, institutional, and industrial development proposals and the expansion of existing multifamily, business, and institutional uses and industries within the Village of Denmark in order to:
Provide for safe, efficient vehicular and pedestrian circulation.
Provide for screening, landscaping, signage, and lighting.
Ensure efficient, safe, and attractive land development.
Provide for compliance with minimum design standards to ensure proper building arrangements and minimal adverse effect on adjacent properties.
Develop proper safeguards to minimize the impact on the environment.
Ensure the provision of an adequate water supply, drainage, and stormwater management, sanitary facilities, and other utilities and services.
Encourage modern and innovative design, construction, technology, and planning methods.
Implement the recommendations of the Village of Denmark Comprehensive Plan.
[Amended 1-3-2011 by Ord. No. 1-2011A]
Within the Village of Denmark, when a building permit is required for a proposed new development, to expand an existing development, or to facilitate a change in use or a change in the intensity of a use of a multifamily development or boarding/lodging house within the R-4 Multifamily Residential District; any development as required within the R-5 Manufactured Home Park Residential District; a community-based residential facility within any zoning district; any use within the B-1 Central Business District; any use within the B-2 General Commercial District; any use within the B-3 Highway Commercial District; any use within the I-1 Limited Industrial District; any use within the I-2 Heavy Industrial District; any use within the IN Institutional District; and all nonresidential development within the R-1, R-2, R-3, R-4, R-5 and RD Residential Districts, site plan approval is required prior to issuance of the building permit or beginning any site preparations.
No structure, whether principal or accessory, shall be erected, converted to a different use, enlarged, or reconstructed and no structure or land shall be used for any purpose or in any manner which is not in conformity with the provisions of this chapter. This shall relate to all signage located within the Village of Denmark.
New development or expansion of any business, industrial, or institutional use within any zoning district where outdoor alcohol serving is anticipated to occur at least once per calendar year requires site plan approval.
Where permitted and prohibited uses, site and landscape regulations, building design criteria, off-street parking and loading requirements, and other regulations contained herein are either more or less restrictive than comparable conditions imposed by provisions contained in Chapter 315, Zoning, or of any other law, ordinance, rule, resolution or regulations, the requirements that are more restrictive or which impose a higher standard shall govern.
General maintenance and repair of existing structures in the R-3, R-4, R-5, B-1, B-2, B-3, I-1, I-2, and IN Zoning Districts and nonresidential structures in the R-1, R-2, R-3, R-4, R-5, and RD Rural Residential Zoning Districts, provided that there are no structural additions or subtractions and/or the use of the structure does not change, are exempt from site plan review.
Pre-submittal meeting. Prior to the submittal of a site plan, the developer shall meet with the Zoning Administrator, at least one member of the Economic Development Committee, and/or other appropriate Village staff to discuss zoning district, site plan, time lines, 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.
Application for site plan review.
The petitioner shall apply to the Village of Denmark for the scheduling of an appearance before the Plan Commission a minimum of 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 of § 243-4. The item may be placed on an agenda as a discussion-only item, without an application.
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 12 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.
Fees. The developer shall submit to the Village all fees based upon the fee schedule adopted by the Village of Denmark Board. Fees shall be submitted at the time of first application to the Village to assist in defraying the costs of necessary inspections and review of the site plan.
Site plan requirements. A site plan submitted to the Village of Denmark for review shall contain the following information, as applicable:
Name of project/development.
Location of project/development by street address and/or tax parcel number.
Name and mailing address of developer/owner.
Name and mailing address of engineer/architect.
Boundary lines of property, with dimensions.
Two-foot contours on the subject property and extending from the subject property a minimum distance of 25 feet in all directions.
Location, identification, and dimensions of existing and proposed:
Topographic contours at a minimum interval of two feet.
Adjacent streets and street rights-of-way.
Private streets and public street rights-of-way.
All existing and proposed buildings and structures (including numbers of units within each proposed building and/or structure).
Water bodies, wetlands, and floodplains.
Stormwater ponds, drainage ditches, and drainage patterns.
Sidewalks and walkways.
Driveway access locations.
Off-street loading areas and docks.
Fences and retaining walls.
All exterior signs.
Exterior refuse collection areas.
Traffic flow on and off site.
Location and dimensions of proposed outdoor display areas.
Grading and erosion control plans.
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.
Other information considered pertinent by Village staff, the Plan Commission, and/or the developers.
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.
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.
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.
The Plan Commission may require appropriate sureties to guarantee that improvements will be completed on schedule.
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.
All standards of this chapter and other applicable Village regulations are met.
Adequate public facilities and utilities are provided.
Appropriate traffic control, parking, ingress/egress, and pedestrianways are provided.
All parking lots and/or driving areas are paved with concrete or asphalt.
Landscaped islands, trellises, raised sidewalks or similar techniques are employed to break up the expanse of a parking lot and provide safe pedestrian access.
Parking lots are located to the side or rear of the building, whenever possible.
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.
Exterior lighting is contained on the lot to the extent practicable.
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.
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.
[Amended 1-3-2011 by Ord. No. 1-2011A]
The appearance of buildings maintains a consistency of design, materials, colors, and arrangement.
Buildings 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 contain windows or other treatments to break up the mass.
[Amended 1-3-2011 by Ord. No. 1-2011A]
Building facade materials are aesthetically compatible with neighboring facades. A minimum of 50% of each such facade that faces a street shall be finished with brick, colored split-face concrete masonry, or natural stone. No metal-faced buildings (except for aluminum siding which has the appearance of wood) are allowed in the B-1, B-2, and B-3 Districts, on multifamily housing and boarding or lodging houses in the R-4 District, or on nonresidential buildings in the R-1, R-2, R-3, R-4, R-5, and RD Districts. Glass curtain walls may be substituted for brick, colored split-face concrete masonry and/or natural stone. Requests for variations shall be made to the Plan Commission at the time of submittal and review.
[Amended 1-3-2011 by Ord. No. 1-2011A]
Where metal siding is used, it is coated with a colorfast, abrasion- and corrosion-resistant, long life (minimum 20 years) finish that is resistant to chemicals, withstands temperature extremes and has a low permeability. Any material utilized to attach the metal siding to the building shall be concealed or the utilization of shadow panels or semi-concealed fastener panels with fasteners painted to match required. The color and texture are to be approved by the Plan Commission.
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.
Loading docks and areas are located on the side or rear of the building(s).
Appropriate building orientation is maintained to complement and enhance neighborhood development character.
All buildings shall have their primary facade oriented parallel to the street.
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.
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.
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 Building Inspector within 60 days' notice of such defect. Violations are subject to the issuance of a citation and prosecution in Municipal Court.
Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of § 243-3, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
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.
Any person or persons aggrieved by any decisions of the Plan Commission or interpretation of the Zoning Administrator related to site plan review may appeal the decision to the Village Board. Such appeal shall be filed with the Village Clerk within 30 days after final Plan Commission action or Zoning Administrator interpretation.
When in the judgment of the Plan Commission it would be inappropriate to apply literally a provision of this chapter due to extraordinary hardship, the Plan Commission may waive or vary such provisions so that substantial justice may be done and the public interest secured. Any modification or variance thus granted shall be entered in the minutes of the Plan Commission, setting forth the reasons which justified the modification.