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:
A. Provide for safe, efficient vehicular and pedestrian circulation.
B. Provide for screening, landscaping, signage, and lighting.
C. Ensure efficient, safe, and attractive land development.
D. Provide for compliance with minimum design standards to ensure proper
building arrangements and minimal adverse effect on adjacent properties.
E. Develop proper safeguards to minimize the impact on the environment.
F. Ensure the provision of an adequate water supply, drainage, and stormwater
management, sanitary facilities, and other utilities and services.
G. Encourage modern and innovative design, construction, technology,
and planning methods.
H. Implement the recommendations of the Village of Denmark Comprehensive
Plan.
I. Ensure that new or expansions of existing multifamily, business, institutional, and industrial structures comply with the requirements of this chapter, Chapter
315, Zoning, and other applicable Village of Denmark ordinances.
[Amended 1-3-2011 by Ord.
No. 1-2011A]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
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.
[Amended 1-3-2011 by Ord.
No. 1-2011A]
I. The appearance of buildings maintains a consistency of design, materials,
colors, and arrangement.
(1) 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]
(2) 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]
(3) 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.
(4) 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.
(5) Loading docks and areas 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.
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.
Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule, or regulation made or adopted hereunder shall be subject to a penalty as provided in Chapter
315, Zoning, §
315-157.