154 - Site Plan & Architectural Review - Mukwonago

Ordinance #154

Site Plan and Architectural Review - Village of Mukwonago

An ordinance amending provisions of Mukwonago's Zoning Ordinance to create and implement Site Plan and Architectural Review.

SECTION I. Section 100-601. of the municipal code of the Village of Mukwonago is hereby created to read as follows:

Sec. 100-601. Site Plan and Architectural Review Guidelines.

Definition Design Sensitivity Area: Areas designated on the Official Village Zoning Map and in the Community Master Plan for increased architectural controls, landscaping, site planning and other development and/or growth control standards for the betterment of that designated area which shall be developed to higher quality standards than the rest of the community.

Historic District: Areas established by the Village of Mukwonago and the Mukwonago Historic Preservation Committee as districts with historical significance.

Gateway District: All property within 3000 feet of the 1-43 on/off ramps and the remainder of any property held in common ownership as is specified on the Official Village Zoning Map and in the Community Master Plan.

(a) Establishment and Purpose. The Village Of Mukwonago hereby establishes Site Plan and Architectural Review standards to promote stability of property values; to promote compatible development; to protect certain public investments in the area; to foster the attractiveness and functional utility of the community as a place to live and work; to preserve the character and quality of the built environment by maintaining the integrity of those areas which have a discernible character or are of a special historic significance; to raise the level of community expectations for the quality of its environment; and to uphold the goals, strategies and guidelines of the Community Master Plan.

(b) Compliance. No use, development, structure, or sign shall hereafter be erected, moved, reconstructed, extended, enlarged, altered, or changed until the Plan Commission has reviewed and approved site plans and architectural plans for the site, structures, or signs for all Multi-family Uses, and in all Commercial/Business Districts and Industrial Districts (the Village Economic Development Committee may review site and architectural plans for industrial buildings in place of the Plan Commission). The Plan Commission shall not approve any plans unless they find after viewing and study of the application that the use, site, structure, improvements, or sign, as planned will not violate the intent and purposes of this Ordinance. Only after the Plan Commission Chairperson has signed the approved plan(s), signifying support of the Plan Commission, may appropriate permits be granted (in instances where the EDC has reviewed an industrial site, the EDC Chairperson must sign the approved plan(s) prior to granting the appropriate permits).

(c) Site Plan Review Principles and Standards. To implement the purposes set forth in Section 100-601, the Plan Commission and staff shall review the site, existing and proposed structures, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading (in the case of commercial and industrial uses), highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation. The Plan Commission will approve said site plans only after determining that:

(1) The Proposed uses(s) conforms to the uses permitted in that zoning district.

(2) No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, or low bearing strength of underlying soil, erosion susceptibility of underlying soil, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community.

(3) All lots shall abut a fully dedicated and improved public street that has the full required width as required by that zoning district; no building permit shall be issued for a lot which does not abut a fully dedicated and improved public street.

(4) Lots abutting more restrictive district boundaries, such as but not limited to Design Sensitivity Areas and B-5 Zoning Districts, shall provide side and rear yard setbacks not less than those required in the more restrictive abutting district.

(5) The dimensional arrangement of buildings and structures shall conform to the required area, yard, setback, and height restrictions of the Village Zoning Ordinance.

(6) The proposed use conforms to all use and design provisions and requirements (if any) as found in this Ordinance or any other codes or laws for the specified uses.

(7) There is a proper relationship between the existing and proposed onsite buildings within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic.

(8) The proposed onsite buildings, structures, and entry ways are situated and designed to minimize adverse effects upon owner's and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress, interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking as specified by the Zoning Ordinance or any other codes or laws.

(9) 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.

(10) The site plan must adhere to the Village's requirements for grading, drainage, and landscaping.

(11) Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by appropriate screening, fencing, or landscaping as provided or required in the Zoning Ordinance.

(12) Dumpsters and other trash receptacles are screened from view from street rights-of-way and adjacent residential uses.

(13) Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.

(14) The site plan is consistent with the intent and purposes of this Ordinance which is to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to avoid the overcrowding of population, to lessen congestion on the public roads and streets, to reduce hazards of life and property, and to facilitate existing community development plans.

(15) The site plan is consistent with the public goals, objectives, principles, standards, policies, and urban design criteria set forth in the Village adopted community master plan or components thereof.

(16) Areas designated as Design Sensitivity Areas in the Community Master Plan and Official Village Zoning Map shall be required to adhere to more stringent site plan requirements for landscaping, building layouts, pedestrian safety, traffic calming, parking areas and other site plan requirements as required by the Plan Commission.

(17) When a site plan modification or addition is reviewed, all existing non-conformities and outstanding code violations shall be identified, resolved, and remedied.

(18) All uses shall provide adequate off-street parking and loading areas.

(19) All hazards identified in the site plan review process shall be resolved or mitigated as determined by the Planning Commission.

(d) Architectural Review Principles and Standards. To implement the purposes set forth in Section 100601, the following architectural review principles, criteria, and review guidelines are established:

(1) Agricultural Buildings. Shall be designed to be appropriately proportioned to the intended agricultural use.

(2) Appearance. No building shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal appearance in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

(3) Building Facades. In districts designated on the Official Village Zoning Map and in the Community Master Plan as Design Sensitivity Areas, all building exteriors shall be brick, decorative masonry, glass panel, or other appropriate finished facade as may be approved by the Plan Commission. Buildings in these areas shall be held to a higher standard per the specifications of the Master Plan. The Village Plan Commission may require additional building facade features to enhance a "theme" appearance as in a historic or gateway district. In village commercial and business districts, all building exteriors shall be brick, decorative masonry, glass panel, or other appropriate finished facade as may be approved by the Plan Commission. In village industrial districts, all building exteriors facing a street shall be brick-, decorative masonry, glass panel, or other appropriate finished facade as may be approved by the Plan Commission. Such brick, masonry, glass, or other decorative facing shall extend for a distance of 20 feet along the sides of the structure. Multi-family structures shall be designed to coincide with the general residential character of the Village. Multi-family structures shall be built with varying facades such as brick, aluminum siding, glass and wood, or any other material required by the Plan Commission.

(4) Building Location. No building shall be permitted to be sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures or signs on adjoining proper-ties,

(5) Building Rooflines and Roof Shapes. The visual continuity of roofs and their contributing elements (parapet walls, coping, cornices, etc.) shall be maintained in building development or redevelopment.

(6) Building Scale and Mass. The relative proportion of a building to its 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.

(7) Colors. Since the selection of building colors has a significant aesthetic and visual impact upon the public arid neighboring properties, color shall be selected in general harmony with the existing neighborhood buildings. The color(s) of buildings, structures and signage in locations designated as Design Sensitivity Areas shall be approved by the Plan Commission.

(8) Heating, Air Conditioning, and Ventilating Equipment. All shall be located in a manner to be unobtrusive and screened from view. Such equipment existing within a Design Sensitivity Area must be enclosed b brick, decorative masonry or other appropriate screening as approved by the Plan y Commission.

(9) Landscaping. All proper-ties shall be landscaped according to a Plan Commission approved landscape plan. At the request of the Plan Commission, properties residing within designated Design Sensitivity Areas per the Official Village Zoning Map and the Community Master Plan, shall be required to provide additional landscaping in such areas.

(10) Light Pollution. No lighting on the site shall be so bright and/or so obtrusive that it, in the opinion of the Plan Commission, deters from the quality of life for neighboring property owners. No lighting on the site shall be so unorthodox that it detracts from the appearance of the general area.

(11) Materials. Unless otherwise specified by the Plan Commission, material selection for architectural design and the texture of buildings shall be based upon the prevailing material and texture already used on existing buildings in the area. Materials and textures already used on existing buildings that are aesthetically incompatible with other building facades in the area, and which present an unattractive appearance to the public and surrounding properties, shall be prohibited. The Plan Commission shall refer to the Community Master Plan as a guide for undeveloped areas.

(12) Monotony. No building shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.

(13) Overhead/Dock Doors. No overhead and/or dock door on any business or industrial building shall face a public street. The Plan Commission (or EDC) may permit overhead doors (not including docks) to face a public street when it has made a finding that there is no feasible alternative location for such doors.

(14) Signing, All signs within a designated Design Sensitivity Area shall be monument signs only, and the Plan Commission may restrict the size and height of the sign in such areas. Signs in "theme" areas such as historic or gateway districts shall be monument signs shaped in brick, decorative masonry, decorative metal or other appropriate materials as approved by the Plan Commission, in accordance with the building color. The Plan Commission may require internally or externally lit signs.

(15) Other Standards. Any other architectural standards deemed appropriate by the Plan Commission in the Village of Mukwonago or in the vicinity of the project that may be imposed by the Plan Commission. Areas designated as Design Sensitivity Areas will be held to a higher standard and the Plan Commission shall require stricter architectural standards in such areas including landscaping, variations in building facades, color and any other requirement requested by the Plan Commission.

(e) Penalty for Unauthorized Modification. After the Plan Commission (or EDC) has approved both site and architectural plans, no development, building, sign or structure may be moved, reconstructed, extended, enlarged, altered or changed until the Plan Commission has reviewed and approved such alterations. Any such violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $25.00 nor more than $500.00 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute as a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, or any citizen thereof pursuant to Wisconsin State Law.

(f) Applications For Site Plait and/or Architectural Review All applications shall be submitted to the Village Planner or Village Building Inspector. The Planning and Inspections Departments shall hold a site plan and architectural staff review with those departments requested by the Village Planner and/or Building Inspector in an appropriate time frame and provide feedback to the applicant. The presence of the applicant may or may not be requested at staff reviews. Following final consensus of the site and/or architectural plan by Village staff, a recommendation will be made to the Village Plan Commission (or EDC) upon which the application will be approved as is, modified or denied. All submitted applications shall contain the following:

(1) Name and address of the applicant, owner of the site, architect, professional engineer, and contractor.

(2) Description of the subject site by lot, block and recorded subdivision, or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies;

(3) Plat of Survey prepared by a registered land surveyor, or a temporary and readable sketch drawn to scale showing the subject site ., existing and proposed structures; existing and proposed easements, streets, and other public ways; off street parking, loading areas and drive-ways; existing highway access restrictions; and existing and proposed street, side, and rear yards. In addition, the plat of survey or sketch shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site.

(4) All existing (original) and finished grade levels;

(5) All buildings and other structures, showing the required setbacks;

(6) Sidewalks and driveways (including types of materials);

(7) Parking areas (including types of materials);

(8) Loading areas (including types of materials);

(9) Utility and storage areas (including types of materials);

(10) Lawns and landscaped areas (including types of materials);

(11) Water impoundments, wherever located;

(12) Fences (including types of materials)-,

(13) All exterior lighting (including types);

(14) Areas of fill or cut;

(15) Storm water drainage plans and facilities, including appropriate on/off-site storm water detention facilities;

(16) Location and type of refuse collection or storage facilities;

(17) All exterior signs and all other signs visible from the exterior of buildings and structures (including 9 types of materials);

(18) Building exterior facade designs and colored architectural renderings;

(19) A color plan and texture plan (including types of materials);

(20) A plan of operation as is found in Section 100- 15 I(i) and 100-2010) of the Zoning Ordinance;

(21) Four copies of the entire application for staff review(s), and ten additional copies as requested for Plan Commission (or EDC) reviews;

(22) Three official copies of the application to be signed by the Plan Commission (or EDC) Chair;

(23) All additional information required by the Village of Mukwonago Plan Commission, Planning Department, Building4rispection Department and/or other Departments as required.

(g) Appeals. Any person or persons aggrieved by any decisions of the Plan Commission regarding use approval, site plan review, or architectural review may appeal the decision to the Board of Zoning Appeals. The written appeal shall be filed with the Village Clerk within 15 days following the decision of the Plan Commission (or EDC).

SECTION II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repeated.

SECTION III. SEVERABILITY. If any provision of this Ordinance is invalid or unconstitutional or the application of this Ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutional it), shall not affect the other provision or applications of this Ordinance which can be given effect without the invalid or unconstitutional provisions or applications.