A.
Project review application.
(1)
Purpose: to ensure project applications and submittals include all
information necessary to illustrate compliance with all applicable
regulations.
(2)
Applications. Project review applications shall be submitted to the
Zoning Administrator on forms furnished by the Planning and Development
Department.
(a)
A list of required applicant information, site and building
plans, elevations, building use information, and other information
is available from the Planning and Development Department.
(b)
Applications shall illustrate compliance with all zoning and
design regulations.
(c)
The Zoning Administrator, Design Review Board, or Plan Commission
may require additional information to determine whether the proposed
project and use complies with all applicable provisions of this chapter
and the Village Code.
(3)
Fee. The required review fee, as specified in the Village Fee Schedule
must be included with the application submittal.
(4)
Review processes. The Zoning Administrator shall determine which
review processes are applicable to the project. See Figure 535-31-3
for an overall flow chart incorporating all processes.
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Figure 535-31-3
Project Review Processes
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B.
Zoning review.
(1)
Purpose: to ensure projects meet all applicable zoning regulations.
(2)
Applicability. The zoning review procedures of this section shall
apply to all:
(3)
Zoning review process. See Figure 535-31-3 for an illustration of
the review processes.
(a)
Zoning Administrator review. Following receipt of a complete
project review application, the Zoning Administrator shall review
the application to determine whether the proposal complies with applicable
zoning provisions of this chapter.
(b)
Planning adjustments. The project review application shall include any requests for planning adjustments. (See § 535-31E.)
(c)
Zoning Administrator action. After reviewing the project for
compliance with all zoning provisions and approval of any planning
adjustments, the Zoning Administrator shall act to approve; approve
with modifications or conditions; approve contingent on design review
or Plan Commission approval; or reject the proposed building design,
site plan, and/or occupancy permit.
[1]
Approval. In order for the application to be approved, the Zoning
Administrator shall find and determine that the applicant's proposal
complies with all applicable zoning regulations.
[2]
Modifications or conditions. If the application is approved
subject to specific modifications or conditions, the applicant shall
revise the application in accordance with those modifications and
conditions and submit the revised plan(s) to the Zoning Administrator
for approval.
[3]
Contingent on further review.
[a]
If the application is approved and design review, including any design adjustments, is applicable, the Zoning Administrator must approve the project contingent upon design review approval, and the application shall be submitted for the design review process. (See § 535-31C.)
[b]
If the application is approved and Plan Commission
approval, including any planning adjustments, conditional uses, and/or
special exceptions, is applicable, the Zoning Administrator must approve
the project contingent upon Plan Commission approval, and the application
shall be submitted for the appropriate process.
[4]
Rejection. If the Zoning Administrator determines that the application
does not meet the zoning regulations, the Zoning Administrator may
reject the application with justification.
(d)
Written findings. The Zoning Administrator shall file its written
findings and determination with the Planning and Development Department
and a copy of the written findings shall be provided to the applicant.
C.
Design review.
(1)
Purpose and intent. The design review procedures of this section are intended to ensure timely, competent review of building designs and site improvements by the Design Review Board. (See Chapter 16 for establishment of the Design Review Board.) The design review process is intended to promote the public health, safety, convenience, prosperity, comfort, and general welfare of the citizens of the Village and to strike a reasonable balance between the desire of the property owner to choose the design of proposed buildings and site improvements and the continuing interest of the Village in:
(a)
Promoting high-quality, durable, well-designed, well-constructed,
and attractive buildings, structures, landscaping, and open space
areas to maintain and enhance established Village standards;
(b)
Protecting the walkable, human scale of the Village as a whole,
including its architecture and land use, with an accompanying recognition
that the Village is characterized by a substantial amount of pedestrian
and bicycle traffic;
(c)
Supporting a diversity of architectural styles, which are, at
the same time, compatible with their surroundings;
(d)
Ensuring adequate light, air, and privacy for Village residents;
and
(e)
Complying with applicable design regulations of this chapter.
(2)
Applicability. Except as expressly exempted in accordance with § 535-31C(3), the design review procedures of this section shall apply to all:
(a)
New building construction, building additions, and exterior building modifications that require a permit per Chapter 225, in all districts;
(b)
Installation, placement, or modification of any structure or
sign that requires a permit;
(c)
Outdoor lighting in MX, CX, GX, or RX Districts;
(e)
Replacement of 50% or more of all windows that are 50 square feet or larger [See § 535-23F(3).] on a building in the MX, CX, GX, or RX Districts.
(f)
Other activities expressly requiring review and approval by the Design Review Board under the terms of this chapter, such as land management plans per § 220-3; and
(g)
Other matters pertaining to planning, zoning, building or design
that are referred to the Design Review Board for findings and determination.
(3)
Exemptions. The following structures and site improvements are expressly
exempt from the design review procedures of this section when located
in R or P Zoning Districts:
(a)
Concrete walks, patios, and slabs, when located within rear
yards of residences;
(b)
Parking slabs on alley frontages;
(c)
Grade- or first-floor-level decks within rear yards of residences;
and
(d)
Structural landscape features located within rear yard areas
that are not visible from public rights-of-way.
(4)
Review and decisionmaking authority. The Design Review Board is authorized
to review and take final action on all design review applications,
unless otherwise specified.
(5)
Design review process. See Figure 535-31-3 for an illustration of
the review processes.
(a)
Zoning Administrator review. Following receipt of a complete
project review application, the Zoning Administrator shall review
the building design and/or site plan to determine whether the proposal
complies with applicable design provisions of this chapter.
(b)
Meetings. The Design Review Board shall conduct the following
meetings:
[1]
New commercial or multiunit residential buildings. At least
two meetings are required on all design review applications that involve
the construction of a new commercial or mixed-use building or a residential
building occupied by more than four dwelling units.
[2]
Other. All other design review applications may be acted upon
after a single meeting.
(c)
Notice. Notice of the Design Review Board's consideration
of any design review application involving the construction of a new
building or construction of a building addition of 200 square feet
or more shall be provided to all property owners within 250 feet of
the subject property at least 10 days before the first Design Review
Board meeting at which the design review application will be considered.
(d)
Board process. The Design Review Board shall hear all interested
parties and shall consider all data relevant to the application prior
to making its findings and determination. The Design Review Board
may make site inspections to better familiarize itself with the proposal.
(e)
Board action. After conducting the required meeting(s), the Design Review Board shall act to approve, approve with modifications or conditions, or reject the proposed building design and/or site plan. In taking action, the Design Review Board may recommend modifications or conditions that, in its judgment, will help the project comply with applicable regulations and ensure consistency with the purposes of § 535-31C(1).
[1]
Approval. In order for the Design Review Board to approve an application, it shall find and determine that the applicant's proposal complies with all applicable design regulations and is consistent with the purposes of § 535-31C(1).
[2]
Modifications or conditions. If building design and/or site
plans are approved subject to specific modifications or conditions,
the applicant shall revise the building design and/or site plan in
accordance with those modifications and conditions and submit the
revised plan(s) to the Zoning Administrator. The Zoning Administrator
is authorized to determine whether the plan(s) comply with modifications
or conditions imposed by the Design Review Board.
[3]
Rejection. If the Design Review Board acts to reject the proposed
plans, the minutes of the Design Review Board's meeting shall
include a statement of justification.
(f)
Written findings. The Board shall file its written findings
and determination pursuant to a majority vote of all Board members
present as soon as is practicable.
(g)
Approved plan submittal. Once a building design and/or site
plan is approved, the applicant shall submit a dated digital copy
of the approved plan(s) to the Planning and Development Department.
A copy of all approved building design and site plans shall be retained
in the permanent files of the Village, and the approved plans shall
then govern the issuance of building permits and other required approvals
in accordance with this chapter.
(6)
Review and approval criteria. In making its findings and determination concerning each proposed project, the Design Review Board shall give substantial weight to the intent of the Village that the decisions of the Design Review Board perpetuate and further the character of Shorewood, fulfilling the purpose and intent statements for this procedure in § 535-31C(1) and the zoning regulations.
(7)
Effective date of design review approval. A building design and/or
site plan approved under the design review procedures of this section
becomes effective upon approval.
(8)
Lapse of design review approval. A building design and/or site plan
approved under the design review procedures of this section shall
lapse and have no further effect one year after it is approved, unless:
(9)
Modification to approved design.
(a)
Minor modifications to approved design review applications may be reviewed and approved by the Zoning Administrator, provided that the modifications do not substantially affect any aspect of the approved design, such as the building footprint and location, facade design, site layout, or parking layout and location, and the application continues to comply with applicable regulations and is consistent with the purposes of § 535-31C(1).
(b)
The Zoning Administrator may request a review and approval of
the Design Review Board for a minor modification.
(c)
Major modifications that substantially affect aspects of the
design, such as the building footprint and location, facade design,
site layout, or parking layout and location, must be reviewed and
reapproved by the Design Review Board as a revised project review
application.
(10)
Permits and continuing compliance.
(a)
No permit may be issued for any development or construction
subject to the design review procedures of this section until a project
review application has been submitted and approved for such development
in accordance with this section.
(b)
No permanent certificate of occupancy may be issued for such
development or construction until all terms and conditions of the
approved building design and/or site plan have been satisfactorily
completed or provided for.
(c)
Construction, grading, or other development activities may be
carried out only in compliance with the approved plan(s).
(d)
When a building design and/or site plan has been approved for
a property pursuant to this section, the property shall be used and
maintained in compliance with the approved plan(s).
D.
Design adjustments.
(1)
Purpose. The design adjustment procedures of this subsection provide
a mechanism by which certain expressly identified regulations in this
chapter may be modified by the Design Review Board.
(2)
Applicability. The Design Review Board is authorized to review and
approve design adjustments expressly authorized in this chapter as
a design adjustment.
(3)
Burden of proof or persuasion. The burden is on the applicant to
demonstrate that the requested design adjustment meets the criteria
for approval.
(4)
Application. Requests for design adjustments shall be submitted on the project review application per § 535-31A, accompanied by any required fees.
(a)
During the initial review of the project review application,
the Zoning Administrator may identify elements not in compliance with
this chapter, and the project review application may be revised to
request a design adjustment.
(b)
The application shall include a written statement describing
why the design adjustment is necessary and an explanation of all efforts
that will be taken to mitigate any adverse impacts resulting from
approval of the design adjustment.
(c)
Any additional information required by the Zoning Administrator
or Design Review Board must be supplied to enable competent review
of the requested design adjustment.
(5)
Approval criteria. The design adjustment provisions of this subsection
are intended to authorize the granting of relief from strict compliance
with certain design-related regulations in the following instances:
(a)
When specific building or site features or characteristics of
the subject property, including the presence of existing buildings,
create conditions that make strict compliance with applicable regulations
impractical or undesirable; or
(b)
When an alternative design would result in equal or better implementation
of the regulation's intended purpose, the purpose and intent
of the design review procedure, and consistency with the Comprehensive
Plan.
(6)
Review process. Requested design adjustments must be submitted with the project review application (See § 535-31A.) or upon the findings of the zoning review process. (See § 535-31B.)
(a)
Zoning Administrator review. Following receipt of a complete
project review application, the Zoning Administrator shall review
the request for a design adjustment.
(b)
Meetings. The design adjustment review must be considered concurrently with the design review process, conducting the number of Design Review Board meetings required per § 535-31C(5).
(c)
Notice. The design review notice required per § 535-31C(5) must also include notification of any design adjustments.
(d)
Process. The design review process (§ 535-31C) shall include consideration of the design adjustment.
(e)
Action. After conducting the required meeting(s), the Design Review Board shall act to approve, approve with modifications or conditions, or reject the proposed design adjustment per the design review process in § 535-31C(5).
(f)
Written findings. The Board shall include its findings and determination
of the design adjustment in its written findings for the design review.
E.
Planning adjustments.
(1)
Purpose. The planning adjustment procedures of this subsection provide
a mechanism by which certain expressly identified regulations in this
chapter may be modified by the Plan Commission.
(2)
Applicability. The Plan Commission is authorized to review and approve
planning adjustments per the following:
(a)
Decrease any minimum and increase any maximum building siting or parking and accessory structure regulation in the commercial and mixed-use zones building types (§ 535-22) by no more than 10% or one foot, whichever is greater.
(b)
Increase any floor-to-floor story heights in the height regulations that apply to the commercial and mixed-use zones building types (§ 535-22) by no more than one foot;
(c)
Any other provision of this chapter that expressly authorizes
a planning adjustment.
(3)
Burden of proof or persuasion. The burden is on the applicant to
demonstrate that the requested planning adjustment meets the criteria
for approval.
(4)
Applications. Requests for planning adjustments shall be submitted on the project review application per § 535-31A, accompanied by any required fees.
(a)
During the initial review of the project review application,
the Zoning Administrator may identify elements not in compliance with
this chapter, and the project review application may be revised to
request a planning adjustment.
(b)
The application shall include a written statement describing
why the planning adjustment is necessary and an explanation of all
efforts that will be taken to mitigate any adverse impacts resulting
from approval of the planning adjustment.
(c)
Any additional information as required by the Zoning Administrator
or the Plan Commission must be supplied to enable competent review
of the requested planning adjustment.
(5)
Approval criteria. The planning adjustment provisions of this subsection are intended to authorize the granting of relief from strict compliance with certain regulations as defined in § 535-31E(2), based upon the following criteria:
(a)
When those specific building or site features or characteristics
of the subject property, including the presence of existing buildings,
create conditions that make strict compliance with applicable regulations
impractical or undesirable; or
(b)
When relief defined would result in equal or better implementation
of the regulation's intended purpose and consistency with the
Comprehensive Plan.
(6)
Review process. Requested planning adjustments must be submitted with the project review application (See § 535-31A.) or upon the findings of the zoning review process. (See § 535-31B.)
(a)
Design review process. Notification and commencement of the
Design Review Board's review of a project review application
shall not occur until any requested planning adjustment has been reviewed
by the Plan Commission.
(b)
Zoning Administrator review. Following receipt of a complete
project review application, the Zoning Administrator shall review
the request for a planning adjustment.
(c)
Meetings. The Plan Commission shall conduct a meeting on all
planning adjustment applications.
(d)
Notice. Notice of the Plan Commission's consideration of
any planning adjustment application involving the construction of
a new building or construction of a building addition of 200 square
feet or more shall be provided to all property owners and tenants
within 250 feet of the subject property at least 10 days before the
Plan Commission meeting at which the planning adjustment application
will be considered.
(e)
Process. The Plan Commission shall hear all interested parties
and shall consider all data relevant to the application prior to making
its findings and determination. The Plan Commission may make site
inspections to better familiarize itself with the proposal.
(f)
Action. After conducting the required meeting, the Plan Commission
shall act to approve, approve with modifications or conditions, or
reject the requested planning adjustment. In taking action, the Plan
Commission may recommend conditions or modifications that, in its
judgment, will help the project comply with applicable regulations
and avoid adverse land use impacts on the nearby properties.
[1]
Approval. If the planning adjustment is approved by the Plan
Commission, the written findings must be forwarded to the Zoning Administrator
for inclusion in the project review application for the project.
[2]
Modifications or conditions. If the planning adjustment is approved
subject to specific modifications or conditions, the applicant shall
revise the plan(s) in accordance with those modifications and conditions
and submit the revised plan(s) to the Zoning Administrator. The Zoning
Administrator is authorized to determine whether the plan(s) comply
with modifications or conditions imposed by the Plan Commission.
[3]
Rejection. If the Plan Commission rejects the planning adjustment,
the minutes of the Plan Commission's meeting shall include a
statement of justification.
(g)
Written findings. The Plan Commission shall file its written
findings and determination pursuant to a majority vote of all Commission
members present as soon as is practicable.
(7)
Effective date of planning adjustment approval. A planning adjustment
approved under the planning adjustment procedures of this section
becomes effective upon approval of the project review application.
(8)
Lapse of planning adjustment approval. A planning adjustment approved
under the planning adjustment procedures of this section shall lapse
and have no further effect one year after it is approved, unless:
F.
Conditional use permits.
(1)
General.
(a)
Due to their varying design and operational characteristics,
and potentially deleterious neighborhood impact, conditional uses,
as identified within individual zoning districts in the Village Code,
require a transparent, public review process on a case-by-case basis
in order to determine whether or not they will be compatible with
surrounding uses and development patterns.
(b)
The Plan Commission may authorize the Planning and Development Department to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be in compliance with the performance standards of Article VIII and do not adversely affect property values.
(2)
Applications. Applications for conditional use permits must be submitted
to the Planning and Development Department on forms furnished by the
Department.
(a)
A list of required applicant information, site and building
plans, elevations, building use information, and other information
is available from the Planning and Development Department.
(b)
Applications shall illustrate compliance with all zoning and
design regulations.
(c)
Additional information as may be required subsequently by the
Plan Commission, Planning and Development Department, Health Department,
Police Department or Fire Department.
(d)
Applications for approval to construct a wind energy system as defined in § 535-26J must conform to the requirements contained in § PSC 128.30(1) through (5), Wis. Adm. Code (current through Administrative Register, December 2014, No. 708) and as hereinafter amended, which are hereby incorporated by reference and made a part hereof as if fully set forth herein. As a condition of approval, the application must contain all information, studies, agreements, permits, and reports referenced in § PSC 128.33, Wis. Adm. Code (current through Administrative Register, December 2014, No. 708) and as hereinafter amended, which is hereby incorporated by reference and made a part hereof as if fully set forth herein.
(3)
Fee. The required review fee, as specified in the Village Fee Schedule
must be included with the application submittal.
(4)
Purpose and intent. The following purpose and intent statements must
be considered during the conditional use approval process:
(a)
The establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort, general welfare, local environment, or wildlife habitat.
(b)
The conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted nor substantially diminish or impair property values within
the neighborhood.
(c)
The establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district or have a negative impact
on the diversity of the type of businesses located in the district.
(d)
Adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided.
(e)
Adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
(f)
The conditional use must, in all other respects, conform to
the applicable regulations of the district in which it is located,
except as such regulations may, in each instance, be modified by the
Board of Trustees pursuant to the recommendations of the Plan Commission.
(g)
The conditional use is in accordance with and subject to all
other applicable laws and regulations.
(5)
Procedures.
(a)
General. Upon the filing of a complete application for a conditional
use permit, the Plan Commission must review the site, existing and
proposed structures, architectural plans, neighboring uses, parking
areas, driveway locations, highway access, traffic generation and
circulation, drainage, sewerage and water systems, and the proposed
operation.
(b)
Notice. The Village Clerk must give notice of the required public
hearing through publication of a Class II Notice, under Chapter 985
of the Wisconsin Statutes in the official Village newspaper. To the
extent practical, the Planning and Development Department must also
provide notice to the owners of record of properties within 250 feet
of the property for which the conditional use is being considered
at least 10 days before the hearing. Compliance with this neighboring
property owner notice shall not be a requirement for providing proper
legal notice in order to take action, nor does failure to provide
such notice invalidate any action taken.
(c)
Conditions. Conditions, such as landscaping, architectural design,
type of construction, construction commencement and completion dates,
sureties, lighting, fencing, planting screens, operational 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.
(d)
Compliance with applicable regulations. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, performance standards and use-specific conditions, is required for all conditional uses. Variances may be granted only as provided in Article X.
(e)
Findings. A conditional use permit may not be approved by the
Plan Commission unless the Plan Commission finds that:
[1]
The establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort, general welfare, local environment, or wildlife habitat.
[2]
The conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted nor substantially diminish or impair property values within
the neighborhood.
[3]
The establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district or have a negative impact
on the diversity of the type of businesses located in the district.
[4]
Adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided.
[5]
Adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
[6]
The conditional use must, in all other respects, conform to
the applicable regulations of the district in which it is located,
except as such regulations may, in each instance, be modified by the
Board of Trustees pursuant to the recommendations of the Plan Commission.
[7]
The conditional use is in accordance with and subject to all
other applicable laws and regulations.
(f)
Decision. The Plan Commission must render its written decision
within 60 days of the close of the public hearing, including any reasons
for granting or denying the conditional use permit, unless an extension
of time for decisionmaking is agreed upon by the applicant.
(g)
Amendments and modifications after approval. No alteration,
extension or other modification of a conditional use is permitted,
unless specifically approved by the Plan Commission. Any application
for an alteration, extension or other modification will be filed and
processed as an original application under this section.
(h)
Lapse of approval.
[1]
Any approved conditional use lapses and becomes null and void
one year after the date of approval if the use has not commenced,
or a valid building permit has not been obtained or construction is
not underway. If a valid building permit has been obtained or construction
is underway, the approval will expire if construction has not been
completed within 18 months of the granting of the conditional use
permit. The applicant may obtain an extension of these limitations
through a request to the Plan Commission prior to expiration with
a written explanation for the extension of time, and a timeline or
schedule for completion.
[2]
Any approved conditional use lapses and becomes null and void
if the use has been abandoned or discontinued for a period of one
year.
(i)
Changes in tenure. Any conditional use approved by the Plan
Commission, operated in conformity with the original application and
any conditions imposed within the approval, runs with the land and
benefits all future owners and occupants of the affected premises,
unless the use is abandoned or discontinued as herein provided.
(j)
Successive applications. The Plan Commission shall not consider
an application for a similar conditional use under the same conditions
or information that was denied by the Plan Commission within one year
from the date of denial. Upon review of the application, the Planning
and Development Director shall make the initial determination of whether
or not an application is similar, or that no new information has been
provided or conditions have not changed. After that initial determination,
the Planning and Development Director will bring the application to
the Plan Commission for confirmation, if desired by the applicant.
If the Plan Commission modifies that determination and deems that
the use is not similar, or that conditions have changed or new information
has been provided, the Planning and Development Director will process
the submission as an original application and schedule consideration
for the next meeting of the Plan Commission.
(k)
Revocation and termination. The Plan Commission may revoke a
conditional use permit and terminate a conditional use after a public
hearing, if any of the following determinations are made:
[1]
The conditional use has not operated in conformity with the
original application or any conditions imposed within the approval.
[2]
The conditional use has had a demonstrably negative impact on
the surrounding area, local environment, or wildlife habitat.
[3]
The applicant or entity granted the conditional use violates,
allows or suffers the violation of the ordinances of the Village of
Shorewood, the State of Wisconsin or the United States on the premises
covered by the conditional use.
G.
Parking special exceptions.
(1)
Plan Commission. The Plan Commission, upon application as required herein, may grant a special exception to the provisions and requirements of Article IX, Off-Street Parking.
(2)
Notice and public hearing required. The Village Clerk shall give
notice of the required public hearing through publication of a Class
II notice, under Chapter 985 of the Wisconsin Statutes in the official
Village newspaper. To the extent practical, the Planning and Development
Department shall also provide notice to the owners of record of properties
within 250 feet of the property for which the special exception is
being considered at least 10 days prior to the hearing; however, compliance
with this neighboring property owner notice shall not be a requirement
for providing proper legal notice in order to take action, nor shall
its noncompliance invalidate any action taken.
(3)
Considerations. Prior to granting a special exception, the Plan Commission
shall consider all of the following as applicable:
(a)
The effect the granting of the exception will have on adjacent
parking and traffic conditions.
(b)
The effect the granting of the exception will have on the appearance
and character of the applicant's property, adjacent property
and neighboring property.
(c)
The effect the granting of the exception will have on the property
values of the applicant's property, adjacent property and neighboring
property.
(d)
Whether the granting of the exception will serve a public or
desirable or useful purpose.
(e)
Whether the spirit and intent of the requirements of this article
are being carried out.
(f)
Recommendations of any boards or committees to which the Plan
Commission refers the application for advice.
(g)
Intensity of use, deviation from typical use classifications,
access to transit, and physical constraints to meeting parking requirements.
(h)
If senior housing is proposed, the number of employees on-site,
the type of senior housing, the parking needs of the residents, if
any, and the ratios from the Institute of Transportation Engineers
parking generation report ratios for senior housing should be reviewed.
(i)
Historical conditions and whether additional parking requirements
for new or expanded use may be satisfied with an incremental increase
commensurate with the new or expanded use.
(j)
Evidence that actual parking demands may be less than code requirements.
(k)
Availability of shared parking, including satisfactory documentation
of shared parking to satisfy the parking demand.
(l)
Alternative transportation that has been reasonably shown to
reduce the need for parking.
(m)
Such other matters as the Plan Commission deems relevant and
material.
(4)
Application. Application for a special exception may be obtained
from the Zoning Administrator upon the payment of a fee as provided
by the Village Fee Schedule, which shall not be refundable.
(5)
Findings. The Plan Commission shall either approve or disapprove
the application for a special exception hereunder, in accordance with
the provisions of this article, shall specify the requirement or requirements
that will be expected from the application and shall find that the
special exception is not inconsistent with the applicable provisions
herein.
(6)
Appeals. The Plan Commission's decision may be appealed to the Board of Appeals in accordance with the provisions of § 535-56.
(a)
An application, including written notice of and basis for the
appeal, shall be filed with the Village Clerk within 30 days of the
date of the action from which the appeal is sought.
(b)
The fee for appealing in each case shall be as provided by the
Village Fee Schedule.
(c)
The Board of Appeals, after a hearing, may affirm, reverse or
remand with recommendations any order, requirement, decision or determination
of the Plan Commission made under this section.
(d)
The Board of Appeals shall decide all appeals under this subsection
within 30 days after final hearing and shall transmit a signed copy
of the Board's decision to the appellant and to the Planning
and Development Department.
