(A) Purpose. The development and execution of this chapter is based upon the division of the village into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such conditional uses fall into two categories:
(1) Uses publicly operated or traditionally affected with a public interest.
(2) Uses entirely private in character, but of such an unusual magnitude or nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(B) Initiation of conditional use. Any person, firm, corporation, office, department, or other legal entity having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which the land is located.
(C) Application for conditional use. An application for a conditional use shall be filed with the Zoning Administrator on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and/or data prescribed by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in division (G) of this section. Such application shall be forwarded, within ten days, from the Zoning Administrator to the Plan Commission for review and recommendation to the President and Board of Trustees.
(D) Hearing on application for conditional use. The Plan Commission shall hold a public hearing on each application, at such time and place as shall be established by the Plan Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.
(E) Notice of hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation within the village not more than 30 days nor less than 15 days before such hearing. In addition, notices shall be sent by registered or certified mail to all owners (as determined from current real estate tax records) of property located within 250 feet of any lot line of the property included in the proposed conditional use.
(F) Authorization. For each application for a conditional use, the Plan Commission shall, within 60 days of receipt of the application, report its written findings and recommendations to the President and Board of Trustees, including the stipulations of additional conditions and guarantees that such condition will be complied with when they are deemed necessary for the protection of the public interest.
(G) Standards. No conditional use shall be recommended by the Plan Commission, unless such Commission shall find:
(1) That the establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort or general welfare;
(2) That 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 diminish and impair property values within the neighborhood;
(3) That 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;
(4) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(5) That 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) That the proposed conditional use is not contrary to the objectives of current and certified land use plans for the village; and
(7) That the conditional use shall, 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 pursuant to the recommendations of the Plan Commission.
(H) Conditions and guarantees. Prior to the granting of any conditional use, the Plan Commission may recommend and the President and Board of Trustees may stipulate such conditions and restrictions, upon the establishment, location, construction, maintenance and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in division (G) of this section. In all cases in which conditional uses are granted, the President and Board of Trustees shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(I) Action by the President and Board of Trustees.
(1) The President and Board of Trustees shall not act upon a proposed conditional use permitted under this chapter until it shall have received a written report and recommendation from the Plan Commission on the proposed conditional use.
(2) The President and Board of Trustees may grant or deny, by ordinance, or refer back to the Plan Commission for further study, any application for conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in division (G) of this section.
(3) In any event, the President and Board of Trustees shall grant or deny the application for conditional use within 45 days of receipt of the written report and recommendation from the Plan Commission. Extension of this time period may be extended by mutual consent of applicant and Board of Trustees.
(J) Effect of denial of a conditional use. No application for a conditional use, which has been denied wholly or in part by the President and Board of Trustees, shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the President and Board of Trustees.
(K) Revocation. In any case where a conditional use has not been established (substantially under way) within one year from the date of granting thereof, then, without further action by the President and Board of Trustees, the conditional use or authorization thereof shall be null and void.
(L) Expiration and transferability.
(1) A conditional use approval shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than 12 months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged.
(2) If, prior to the issuance of a building permit, the person, firm, corporation or organization to whom a conditional use permit has been granted transfers his interest in the land upon which the permit has granted to another person, firm, corporation or organization, such conditional use permit shall be null and void.
(M) Planned developments. Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are hereby established to govern the actions of the Plan Commission and President and Board of Trustees.
(1) Purposes.
(a) A planned development conditional use is a privilege to be earned and not a right which can be claimed simply upon complying with all the standards established in this section. The Plan Commission and the President and Board of Trustees may require any reasonable condition or design consideration which will promote proper development of benefit to the community. It is not intended that the President and Board of Trustees automatically grant the maximum use exceptions or density increase in the case of each planned development. The Plan Commission shall recommend and the President and Board of Trustees shall grant only such increase or latitude which is consistent with the benefit accruing to the village as a result of the planned development. As a condition for approval, each planned development must be compatible with the character and objectives of the zoning district or districts within which it is located, and each planned development shall be consistent with the objectives of the village land use plans.
(b) If a proposed planned development also constitutes a subdivision, the required hearings and processes for subdivision and zoning approval may be accommodated simultaneously.
(c) Some specific purposes of the planned development procedure are:
1. Residential planned development. To offer recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty, to add to the sense of spaciousness through the preservation of natural green spaces, to counteract the effects of urban monotony and congestion in the streets, to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions, to promote harmonious architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of the site.
2. Business or commercial planned development. To promote the cooperative development of business or commercial centers each with adequate off-street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to aid in stabilizing property values, to develop centers of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped green spaces and to encourage harmonious architecture between adjacent commercial structures and between dwellings and commercial structures.
3. Industrial planned development. To promote the establishment of industrial parks, to permit groups of industrial building with integrated design and a coordinated physical plan, to encourage recreational facilities within industrial area and to buffer adjacent residential areas with landscaped green spaces.
(2) Procedure for approval.
(a) Pre-application conference.
1. Prior to filing a formal application for approval of a planned development, the developer shall request a pre-application convenience; such request shall be submitted to the Zoning Administrator.
2. The purpose of such convenience is to allow the developer to present a general concept of his proposed development prior to the preparation or detailed plans. For this purpose the presentation shall include, but not be limited to, the following:
a. Written "letter of intent" from the developer establishing his intentions as to development of the land.
b. Topographic survey and location map.
c. Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative lot sizes.
d. Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
3. The Zoning Administrator shall advise the developer of the zoning requirements, subdivision regulations, and village plans which might affect the proposed development as well as the procedural steps for approval.
4. The Zoning Administrator shall maintain a record of all documents submitted at the pre-application conference and a record of those attending the conferences. No fee shall be charged for the pre-application conference.
(b) Preliminary plan. The preliminary plan of the planned development shall be filed with the Zoning Administrator, who shall in turn forward copies to the Secretary of the Plan Commission for their consideration and public hearing. The Plan Commission may request review of the planned development by, and recommendations from, appropriate village departments and offices. The required procedure for consideration and approval of the preliminary plan shall be:
1. Submission of the following:
a. Written application for approval of a planned development shall be made on forms and in the manner prescribed by the Plan Commission.
b. The application shall be accompanied by a fee consistent with the approved fee schedule.
c. The preliminary plan and supporting data shall be in accordance with the provisions of subdivision (5) of this division.
2. The Plan Commission shall hold a public hearing on the application for a planned development in accordance with divisions (D) and (E) of this section.
3. Following the public hearing and review of the preliminary planned development and supporting data, the Plan Commission shall send its findings and recommendations to the President and Board of Trustees which shall, within 45 days, approve, approve with modifications, or disapprove the plan or return it to the Plan Commission for further consideration.
4. Approval of a preliminary planned development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans.
5. Upon approval of the preliminary plan by the President and Board of Trustees a record shall be prepared, including findings of fact, recommendations of the village departments and offices, exceptions or bonuses granted, conditions applied, and modifications ordered.
(c) Final plan. The final plan shall be submitted by the developer not later than 120 days (or such additional time as may be authorized by the Plan Commission and President and Board of Trustees from time to time) after approval of the preliminary plan. The preliminary and final plan may be filed and approved simultaneously, if all requirements hereof are met. The final planned development plan shall conform substantially to the preliminary plan as approved and if desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
1. The final plan and supporting data shall be filed with the Zoning Administrator and forwarded by him to the Secretary of the Plan Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.
2. All final plans shall be accompanied by a written construction schedule for the development.
(d) Recording the approved plan. A copy of the approved final plan shall be recorded with the County Recorder of Deeds by the Zoning Administrator. Proof of such recording shall be required prior to the issuance of building permits.
(3) Changes in the planned development. A planned development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns, and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned development as set forth therein.
(a) Major changes. Changes which alter the concept or intent of the planned development including increases in the density, change in location and types of nonresidential land uses, increases in the height of buildings, reductions of proposed open space, more than a 15% modification in proportion of housing types, changes in road standards or alignment, utilities, water, electricity and drainage, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new preliminary plan and supporting data, and following the preliminary approval steps and subsequent amendment of the final planned development plan.
(b) Minor changes. The Plan Commission may approve changes in the planned development which do not change the concept or intent of the development, without going through the preliminary approval steps. Minor changes are defined as any change not defined as a major change.
(4) Schedule of construction. The President and Board of Trustees shall consider the planned development subject to revocation if construction falls more than one year behind the schedule filed with the final plan, or exceeds five years. The developer shall be notified prior to any revocation action. It shall be considered notification if notice is sent via registered or certified mail to developer's last known address. Extensions in the building schedule may be granted by the President and Board of Trustees.
(5) Specific content of plans. Planned development plans and supporting data shall include at least the following information:
(a) Preliminary plan stage.
1. Detailed plan. A drawing of the planned development shall be prepared at a scale of not less than 1 inch equals two hundred feet, and at a size appropriate for reduction for recording purposes, and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:
a. Boundary lines– bearings and distances.
b. Easements– location, width and purpose (including fire lanes).
c. Streets on and adjacent to, the tract: street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, and the like.
d. Utilities on, and adjacent to, the tract: location, size, and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; direction and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.
e. Ground elevations on the tract: for land that slopes less than .5%, show 1-foot contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions for land that slopes more than .5% show 2-foot contours.
f. Subsurface conditions on the tract, if required by the Village Engineer; location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater, unless test pits are dry at depth of five feet.
g. Zoning on, and adjacent to, the tract.
h. Internal uses of each building or structure, as well as the specific overall land use of the premises.
i. Title and certificates– present tract designation according to official records in offices of the County Recorder of Deeds; title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage.
j. Names - the names and addresses of the persons to whom notices of hearing hereunder may be sent including the subdivider of developer, the designer of the subdivision or development, and the owners of the land immediately adjoining the land to be platted.
k. Open space - all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.
l. General location, purpose, and height of each building, other than single-family residences on individual lots.
m. Map data - name of development, north point, scale and date of preparation.
2. Character. Explanation of the character of the planned development and the reasons why it has been planned to take advantage of the flexibility of these regulations.
3. Ownership. Statement of present and proposed ownership of all land within the project.
4. Schedule. Development schedule indicating:
a. Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plan and through supporting graphic material.
b. Approximate dates for beginning and completion of each stage.
5. Covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.
6. Density. Provide information on the density of residential uses, including dwelling units per acre, the number of dwelling units by type, and the number of buildings by type.
7. Nonresidential use. Provide information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount and location of common open space.
8. Service facilities. Provide information on all service facilities and off-street parking facilities.
9. Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.
10. Facilities plans (including street profile plans). Preliminary plans for:
a. Roads, including classification, width of pavement and construction details.
b. Sidewalks.
c. Sanitary sewers.
d. Storm drainage.
e. Water supply system.
f. Underground lighting program.
g. A general landscape planting plan.
(b) Final plan stage.
1. Final detailed plan. A final plan, suitable for recording with the County Recorder of Deeds shall be prepared. The purpose of the planned development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned development shall include, but not be limited to:
a. An accurate legal description of the entire area under immediate development within the planned development.
b. If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.
c. An accurate legal description of each separate unsubdivided use area, including common open space.
d. Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.
e. Certificates, seals and signatures required for the dedication of land and recording of the document.
f. Tabulations on each separate unsubdivided use area, including land area, number of buildings, number of dwelling units per acre.
2. Common open space documents. All common open space, at the election of the village, shall be:
a. Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned development or adjoining property owners or any one or more of them; or
b. Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned development or adjoining property owners and/or both.
3. Public facilities. All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan, or, at the election of the village, escrow deposits, irrevocable letters of credit in a form approved by the village, or performance bonds shall be delivered to guarantee construction of the required improvements.
4. Covenants. Final agreements, provisions or covenants shall govern the use, maintenance and continued protection of the planned development. Such instruments of agreement shall include, where applicable, a surety bond favoring the village, in the amount of the estimated cost of such proposed site improvements as pools, fountains, landscaping and other features.
(6) Use exceptions. The Plan Commission may recommend and the President and Board of Trustees may authorize that there be permitted in part of the area of a proposed planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which the development is located, provided that the Commission shall find:
(a) That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the planned development;
(b) That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and
(c) That not more than 40% of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by the exception. However, that in a residential planned development not more than 10% of the total ground area in the planned development shall be devoted to uses first permitted within the commercial districts; and no area within a residential planned development shall be devoted to uses first permitted within the industrial zoning districts.
(7) Bulk regulations. In the case of any planned development, the Plan Commission may recommend and the President and Board of Trustees may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such planned development, provided that the Plan Commission shall find:
(a) That such exceptions shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots;
(b) That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which the development is located; and
(c) That in a residential planned development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and then increasing this number by 40%. Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area, and deducting from the remainder the area required for streets as set forth in the site plan. In no event shall the area for streets be computed at less than 10% of the gross development area. The area of land set aside for common open space or recreational uses may be included in determining the number of dwelling units permitted.
(8) Designation of permanent common open space.
(a) Permanent common open space shall be defined as parks, playgrounds, parkway medians, landscaped green space, schools, community centers or other similar areas in public ownership or other similar areas in public ownership or areas covered by an open space easement.
(b) No plan for a planned development shall be approved, unless such plan provides for permanent open space equivalent to at least 20% of the total development area in residential planned developments.
(9) Minimum lot area in residential planned developments. Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of (M)(7)(d) of this section and provided that the permanent common open space is in accord with division (M)(8) of this section, the planned development may include minimum lot areas per dwelling unit smaller than those normally required in the zoning district.
(`95 Code, § 156.160) (Ord. 83-11, passed 9- -83)
Cross-reference:
Amendment to sections pertaining to home day care facilities, see § 156.182