(A) Intent And Purpose: The intent and purpose of Planned Development Districts is to promote the economical and efficient use of land and infrastructure; improve levels of amenities and open space; an appropriate and harmonious balance of physical development, creative design and improved living and working environs; expansion and diversification of economic activities; and the protection of existing and future development of the City. Planned Development (PD) Districts are suitable for development and redevelopment while providing for the conservation of land, water, open space and other resources of Carthage. Regulations for planned development are intended to accomplish the purposes of zoning and other applicable City regulations to an equivalent or higher degree than where such regulations are intended to control development on a lot by lot basis rather than on a unified development approach.
This section provides supplemental districts applicable to planned developments under unified control within the B-4 Commercial Highway Interchange, B-5 Planned Research Office, I-3 Planned Industrial Development, and P-1 Planned Unit Development Districts regulations. The intent of these planned development regulations is to provide for the development of safe, efficient, convenient, and harmonious groupings of land uses in areas adequately served, or in areas which can be served, by necessary utilities and services; in locations that are compatible with adjacent and surrounding uses in accordance with the goals, objectives and policies of the Comprehensive Plan; and in compliance with the standards set forth herein. In view of the substantial public advantage of development within Planned Districts, it is the intent of these regulations to promote and encourage development in this form where appropriate in location and character.
(B) General Provisions: The general provisions contained herein shall apply to the B-4 Commercial Highway Interchange, B-5 Planned Research Office, I-3 Planned Industrial Development, and P-1 regulations applicable to planned developments under unified control within the Planned Unit Development Districts.
(C) Unified Control: All land included for purpose of development as a PD shall be under the legal control of the applicant. Applicants requesting approval of a PD shall present firm evidence of unified control of the entire area within the proposed PD together with a certificate of apparent ownership and encumbrance with the opinion of counsel representing the applicant establishing that the applicant has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations.
The applicant shall state agreement to: 1) proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to any rezoning to the applicable PD District; 2) provide agreements, contracts, deed restrictions and sureties acceptable to an attorney designated by the City Council for completion of the development according to the approved plans; and maintenance of such areas, functions and facilities as are not to be provided, operated, or maintained at public expense; and 3) place covenants on the property to bind their successors in title to any commitments made under items 1 and 2 of this subsection. All such agreements and evidence of unified control shall be examined by an attorney designated by the City Council and no PD shall be approved unless such agreements and evidence of unified control meet the requirements of this title.
(D) Locational Standards For PDs: In reaching recommendations on decisions as to approval of a PD, the Plan Commission and the City Council shall apply the following locational standards, in addition to the standards of this title applicable to the grant of rezoning generally:
1. Implementation Of Corridor Plan: The concept of planned development is an important instrument in the implementation of the Illinois Route 336 corridor plan. PDs shall be located in conformity with the corridor plan and particularly to the future Land Use Plan.
2. Relation To Major Transportation Facilities: PDs shall be so located with respect to arterial streets, highways, collector streets, or other transportation facilities as to provide direct access to such PDs without creating or generating excessive traffic along minor streets in residential areas or districts outside the PD.
3. Relation To Utilities, Public Facilities, And Services: PDs shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, locations, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under current zoning and development policies for the area. Such PDs shall be so located with respect to necessary public facilities as to have access to such facilities in the same degree as would development permitted under existing zoning, and shall be so located, designed and scaled that access for public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development permitted under existing zoning.
However, if the applicants: a) provide private facilities, utilities, or services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation permanently, or until similar public utilities, facilities or services are available and used, or b) make provision acceptable to the City for offsetting any added net public cost or early commitment, the granting of the PD District may be approved.
In computing the added net public costs, the difference in anticipated public installation, operation, and maintenance costs and anticipated public revenue shall be considered.
(E) Open Space Requirements: There shall be minimum open space requirements based on the total gross acreage for each PD as set forth in table 1 of this subsection. Open space shall be determined based on the definition in section 10-2-3 of this title.
TABLE 1
Planned District | Minimum Percent Open Space Required | |
B-4 | Commercial Highway Interchange | 40 |
B-5 | Planned Research Office | 40 |
I-3 | Planned Industrial Development | 20 |
P-1 | Planned Unit Development Overlay | Varies |
Buildings and uses lawfully existing as of May 27, 2008, may be modernized, altered or repaired without providing the minimum open space requirement specified herein.
Lands designated as open space will be restricted by appropriate legal instrument satisfactory to an attorney designated by the City Council as open space perpetually, or for a period of not less than ninety nine (99) years. Such instrument shall be binding upon the developer, its successors, and assigns, and shall constitute a covenant running with the land, and be in recordable form.
(F) Internal PD Standards: The following standards apply within a PD:
1. Access: Every use permitted in a PD shall have access to a public street either directly or via an approved private road, pedestrianway, court, or other area dedicated to public or private use, or via common element guaranteeing access. Permitted uses are not required to front on a dedicated public road. Access standards shall be in compliance with ordinance 2006-10 which adopted the Illinois Route 336 corridor plan.
2. Underground Utilities: Within a PD, all utilities shall be in compliance with the regulations in ordinance 2006-10 which adopted the Illinois Route 336 corridor plan and with subsections 11-6-7(B) and (C) of this Code.
3. Physical Character Of The Site:
(a) The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of soil, ground water level, drainage, and topography shall be appropriate to both kind and pattern of use intended.
(b) Lands to be included in a proposed development within the B-5 District may be divided by streets, alleys, rights-of-way, or easements, but shall be so located, dimensioned, and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the proposed development and uses in surrounding areas.
4. Compatibility: The proposed development shall be located and designed so as to minimize the negative effects of external impacts resulting from factors such as traffic, noise, or lights. Project control shall be accomplished through such techniques as buffering, architectural design, height limitations, and density or intensity limitations.
5. Transitions: The proposed development shall be responsive to the character of the area. When located in an area where land use types and/or intensities or densities vary, the proposed development shall be designed in such a manner as to provide for gradual changes in intensity and/or density.
6. Outdoor Refuse Collection And Storage Areas: All outdoor refuse collection and storage areas shall be limited to that area shown on an approved site and development plan. Materials stored in said areas shall not protrude above the screen. If vegetative material is used for an opaque screen, said material shall form an opaque screen within two (2) years from the time of first planting. No outdoor refuse collection or storage area shall be located in a front yard, or within ten feet (10') of any side or rear property line or within a required buffer area. All outdoor refuse collection shall be in compliance with ordinance 2006-10, which adopted the Illinois Route 336 corridor plan and with the conditions of the most current disposal service contract between Carthage and their contractor which establishes the hours of operation for garbage, refuse and solid waste collection.
7. Sale Or Storage Of Fuel: All establishments involved with the sale or storage of fuel shall be permitted only if the fuel is stored underground. This requirement may be waived by the City Council when it can be demonstrated that said requirement cannot be met when natural features, safety or technical considerations necessitate aboveground storage, and that said storage area can be effectively screened from view.
8. Streets, Drives, Parking, And Service Areas: Streets, drives, parking, and service areas shall provide safe and convenient access to all buildings and general facilities. Streets shall be laid out so as to discourage outside traffic from traversing the development on minor streets. Streets shall not occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks. Commercial and office uses shall be grouped in relation to parking areas such that after visitors arriving by automobile enter the walkway system, establishments can be visited conveniently with a minimum of internal automotive movements. Facilities and access routes for deliveries, servicing, and maintenance shall be so located and arranged as to prevent interference with pedestrian traffic within the district. Loading zones where customers pick up goods shall be located and arranged as to prevent interference with pedestrian movement.
9. Pedestrian Systems: Pedestrian systems shall be in compliance with the regulations in ordinance 2006-10 which adopted the Illinois Route 336 corridor plan and section 11-6-4 of this Code.
10. Lighting: All outdoor lighting for parking lots and signs shall be in compliance with ordinance 2006-10, which adopted the Illinois Route 336 corridor plan.
11. Signage:
(a) A uniform sign format shall be required in all PD districts. All signs within a PD District shall be consistent in terms of design, height, color and general materials. Prior to the issuance of the first sign permit in a PD District, the developer or owner shall submit an overall signage plan for the district which provides information on how the size, type and materials of signs erected will be controlled.
(b) For all projects within the boundaries of the Illinois Route 336 corridor plan, all signage shall be in compliance with ordinance 2006-10, which adopted the corridor plan.
12. Off Street Loading And Parking Requirements: Off street loading areas and facilities shall be screened from adjacent streets to alleviate the unsightly appearance of loading facilities. All loading areas and facilities shall be screened with an opaque material which may include shrubs, walls, fences, berms, and which are a minimum of eight feet (8') in height. If vegetative material is used, said material shall form an opaque screen within two (2) years of the time of first planting. No off street loading area shall be located in a required front yard, or within ten feet (10') of a side or rear property line or within a required buffer area. Off street parking and loading shall be as required in section 10-11-3 of this title. No space designated as a required off street parking space for the general public shall be used as an off street loading space or maneuvering room for vehicles being loaded or unloaded.
13. Perimeter Buffers:
(a) Applicability: Development shall provide a perimeter buffer to separate a new land use from adjacent uses in accordance with table 3, "Buffer Requirements For Planned Districts", of this section. The buffer shall have the width, amount of vegetation, and other features to properly mitigate the negative effects of contiguous incompatible uses.
(b) Types Of Buffers: Table 2, "Buffer Classifications", of this section, describes the four (4) different types of buffers and their optional configurations. Any one of the two (2) optional configurations may be utilized to comply with the standards of this section.
TABLE 2
BUFFER CLASSIFICATIONS
BUFFER CLASSIFICATIONS
Buffer Type And Configuration | Screening Requirement Within Perimeter Buffer Strip | |
Option 1: Minimum Width 25 Feet | Option 2: Minimum Width 15 Feet | |
A. Basic: This buffer area functions as basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of 10 feet. | 2 canopy trees, plus 1 understory tree per 100 linear feet. | 1 canopy tree, plus 2 understory trees, plus 10 shrubs per 100 linear feet. |
B. Aesthetic: This buffer area functions as an intermittent visual obstruction from the ground to a height of at least 20 feet, and creates the impression of spatial separation without eliminating visual contact between users. | 2 canopy trees, plus 2 understory trees per 100 linear feet. | 1 canopy tree, plus 3 understory trees, plus 10 shrubs per 100 linear feet. |
C. Semiopaque: This perimeter buffer functions as a semiopaque screen from the ground to at least a height of 6 feet. | 2 canopy trees, plus 3 understory trees, plus 20 shrubs per 100 linear feet. | One 4-foot high berm, plus 2 canopy trees, plus 4 understory trees, plus 10 shrubs per 100 linear feet. |
D. Opaque: This perimeter buffer functions as an opaque screen from the ground to a height of at least 6 feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation. | One 6-foot high solid wall or opaque fence, plus 2 understory trees, plus 5 shrubs per 100 linear feet. | One 3-foot high berm, plus one 3-foot high continuous evergreen hedge, plus 3 understory trees per 100 linear feet. |
Notes:
1. Any required buffer strip can be reduced to 5 feet in width with the provision of a solid wall or opaque fence 6 feet in height, along with 10 shrubs per every 100 linear feet.
2. These examples of landscape buffers are intended to illustrate minimum requirements only; other design configurations are allowed and encouraged. Strategic grouping of shrubs and trees is encouraged.
3. Evergreen trees may be substituted for understory trees. Evergreen trees shall have a height of not less than 4 feet at the time of planting.
4. The use of masonry pillars with fencing and offsets in walls are encouraged in buffer designs.
5. A 6 foot high solid wall or opaque fence may be substituted for the berm and hedge in the 15 foot wide option.
6. Figure 1 of this subsection illustrates the buffer classifications.
TABLE 3
BUFFER REQUIREMENTS FOR PLANNED DISTRICTS
BUFFER REQUIREMENTS FOR PLANNED DISTRICTS
Legend: | ||||||
A | = | Type A buffer | N | = | No buffer required | |
B | = | Type B buffer | XX | = | District allows various uses; refer to typical buffer for that zoning district or buffers may be determined on a case by case basis by the Planning Commission. | |
C | = | Type C buffer | ||||
D | = | Type D buffer | ||||
Proposed Land Use | Adjacent Use | |||
B-4 | B-5 | I-3 | P-1 | |
Proposed Land Use | Adjacent Use | |||
B-4 | B-5 | I-3 | P-1 | |
Residential: | ||||
Multiple-family dwelling | C | C | D | XX |
Single-family dwelling | D | D | D | XX |
Public and institutional: | ||||
Community services, daycare and educational facilities | A | A | B | XX |
Parks and open areas | N | N | B | XX |
All other public and institutional uses | A | A | B | XX |
Commercial: | ||||
Agriculture, animal services | N | N | N | N |
Eating establishments, offices, entertainment, retail sales and services | A | A | B | XX |
All other commercial uses | A | A | B | XX |
Industrial: | ||||
Industrial uses | B | C | A | XX |
Note: Landscape requirements for parking lots and street frontages are contained in ordinance 2006-10 which adopted the Illinois Route 336 corridor plan.
(c) Buffer Requirements For Planning Districts: Table 3, "Buffer Requirements For Planned Districts", of this section, specifies the type of landscaped perimeter buffer that must be installed adjacent to an existing use. The proposed uses are designated with their associated use class and cross referenced with the numbered columns along the horizontal row under the "adjacent use" heading. The buffer type is indicated by letter and the total buffer width in feet is indicated by number.
(d) Responsibility For Buffer Installation:
(1) Vacant Parcels: Where a developing parcel is adjacent to a vacant parcel, the developing parcel shall provide a minimum of one-half (1/2) of the perimeter buffer required adjacent to the vacant land. Determination of the required perimeter buffer width and type shall be based upon the highest use classification available for the vacant land based upon its current zone district classification.
(2) Existing Land Uses: Where a developing parcel is adjacent to an existing use, the developing parcel shall provide the full perimeter buffer required adjacent to the existing use in accordance with table 3, "Buffer Requirements For Planned Districts", of this section, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots. Where all or part of a perimeter buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel shall be responsible for providing all the additional planting material necessary to meet the standards of this section.
(e) Location Of Buffers:
(1) General: Perimeter buffers required by this section shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the perimeter buffer may be located along shared access easements between parcels in nonresidential developments.
(2) Shopping Centers: Within shopping centers or other nonresidential centers/developments, the perimeter buffer area between outparcels in the same development may be provided, totally or in part, elsewhere on the site. For example, a twenty foot (20') buffer between uses may be shifted elsewhere on the site (preferably within the site's interior) as long as the total area is provided for. The intent of this subsection is to provide for more flexibility in site design and to potentially save large natural areas that may exist elsewhere on the site.
(3) Development Within Required Buffers:
A. The required buffer shall not contain any development, impervious surfaces, or site features that do not function to meet the standards of this section or that require removal of existing vegetation, unless otherwise permitted in this section.
B. Sidewalks and trails may be placed in perimeter buffers if damage to existing vegetation is minimized to the maximum extent practicable.
C. Overhead and underground utilities, if allowed by the City, are permitted in buffers, but shall minimize the impact to vegetation to the maximum extent practicable. In cases where required landscaping material is damaged or removed due to utility activity within a required buffer, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure the buffer meets the standards in this section.
(f) Screening Methods: The following items are permitted for use as screening materials. Alternative screening materials that are not listed may be used if it is determined they are comparable to these screening materials.
(1) Vegetative Material: Planting materials shall meet the minimum size standards listed in ordinance 2006-10 which adopted the Illinois Route 336 corridor plan.
(2) Berms: An earthen berm measuring at least four feet (4') in height. Berms shall be covered with grass or mulch and shall be planted with other landscaping materials consistent with the requirements for a type D buffer (see table 2, "Buffer Classifications", of this section).
(3) Fencing: An opaque wooden fence, or plastic or vinyl designed fence that is configured to appear as an opaque wooden fence, measuring at least six feet (6') in height, but not exceeding eight feet (8') in height, can be used to meet the opaque screen requirements. When wood is utilized, only treated wood or rot resistant wood, such as cypress or redwood, shall be used. Chainlink, barbed wire, stock wire, hog wire, chicken wire, and similar type fences are not permitted.
(4) Masonry Walls: Masonry walls measuring at least six feet (6') in height but not exceeding eight feet (8') in height shall be constructed of brick, textured concrete masonry units, or stuccoed block. Foam wall fences with a stucco finish are also allowed.
(g) Alternative Landscape Plan: An alternative landscape plan may be used where unreasonable or impractical situations would result from application of the buffer requirements. Alternative plans, materials, or methods may be justified due to natural conditions, such as streams, natural rock formations, topography, and physical conditions related to the site. Also, the lot configuration and utility easements may justify an alternative landscape plan.
(1) Allowable Deviations: The Plan Commission shall approve an alternative landscape plan if it meets the purpose and intent of the landscaping standards in this section. Allowable deviations from the standards of this section include, but are not limited to, the following:
A. Reduced Planting Rates Due To Public Facilities: An adjustment to planting locations or reduction in the type or total number of trees when underground connections to public facilities or public utilities, or public easements or right-of-way, are located upon or in close proximity to the parcel or whenever a fewer number or smaller size of trees would be more desirable in terms of good landscape planning practice.
B. Reduction In Standards Due To Nature Of Parcel: A reduction in the count, spacing, or species diversity standards is more desirable in terms of good landscape planning practice considering the nature of the parcel and adjacent parcels.
14. Streetscape And Parking Lot Landscaping:
(a) Applicability:
(1) General Streetscape Landscaping Requirements: Development on lots that abut streets shall provide streetscape landscaping between the edge of the street right-of-way and the uses on the lot, in accordance with ordinance 2006-10 which adopted the Illinois Route 336 corridor plan.
(2) Off Street Parking: Projects with parking lots larger than fifty (50) parking spaces shall provide landscaping in accordance with ordinance 2006-10 which adopted the Illinois Route 336 corridor plan.
15. Noise: All development in Planned Development Districts shall comply with the regulations which mandate noise control in the City of Carthage, as contained in the most current version of the City's noise ordinance.
(G) Procedures For PD:
1. Preapplication Conference: Prior to initiating a petition for the PD District, a preapplication conference with the Code Enforcement Officer is required. The purpose of such preapplication conference shall be to assist in bringing the overall petition, as nearly as possible, into conformity with these or other regulations applying generally to the property involved and/or to define specifically those variations from application of general regulations which appear justified in view of equivalent services of the public purposes of such regulations.
2. Prehearing Conference With Applicants: The applicant, the Code Enforcement Officer, and representatives of other City departments, as may be pertinent, shall meet with the applicant or his agent to review the original application, including all plans, maps, and documents submitted by the applicant. (Ord. 2008-2, 5-27-2008)
At such time as further conferences appear unnecessary, or at any time on the written request of the applicant, public notices shall be given in accordance with the applicable sections of this title for rezonings, and the hearing before the Plan Commission held, but the notice and hearing shall be on the petition as it may have been amended following the prehearing conferences rather than as originally submitted. Public notice of the hearing shall be given consistent with the requirements of subsection (K)3(g) of this section. If the property is properly zoned, review of the petition and development concept plan may be done at a regular meeting. (Ord. 2008-2, 5-27-2008; amd. Ord. 2011-13, 1-10-2012)
3. Development Concept Plan: A development concept plan is required for determination as to the internal relationships between or among uses and activities proposed and their supporting systems and facilities, and relation to surrounding uses, activities, systems and facilities. The development concept plan shall accompany the application and shall contain at a minimum the following information:
(a) The title of the project and the names of the professional project planner(s), architect(s), engineer(s) and developer(s).
(b) Scale, date, north arrow, and general location map.
(c) Legal description and recent survey of the property to be rezoned or redeveloped.
(d) A vicinity map showing the property involved, all existing streets, buildings, watercourses, easements, section lines, and other existing significant physical features in and adjoining the property.
(e) Location, height, floor area and use of existing structures, if any, which will remain on the site after rezoning and incorporated within the PD.
(f) Master plan identifying the location and acreage of each component of the project, including the location and placement of proposed land uses by type, density, a layout of lots, open space designations, location of landscaped buffer areas required by these zoning regulations, recreational facilities, commercial uses, other permitted uses, off street parking and loading locations, and refuse collection locations.
(g) Master plan showing access and traffic flow both external and internal to the development, and how pedestrian and other nonmotorized travel will be safely integrated.
(h) Tabulations of acreage devoted to each land use and the total gross acreage of the project. Include acreage totals for each use, open space designations, recreational facilities, streets, parks, schools and other permitted uses. For P-1 Districts, include the total number and type of residential units, the residential density for each type of unit and the overall residential density of the project. Gross residential density shall be computed by deducting gross acreage used for nonresidential purposes other than open space and recreation uses. For nonresidential PDs, include the total acreage and square footage for each type of use, open space designations, and streets.
(i) A discussion of the impact of the proposed development on the levels of service for roads, potable water, sanitary sewer, solid waste, and drainage.
(j) A master drainage plan with sufficient detail to depict the limits of the 100-year floodplain where applicable.
(k) A phasing plan for the proposed development.
(l) In addition, the Plan Commission may require additional material such as plans, maps, studies, and reports which may be needed in order to make the necessary findings and determinations that the project is in compliance with the applicable standards and guidelines of the comprehensive plan and this title.
(H) Plan Commission Findings And Recommendation: After the public hearing or regular meeting, the Plan Commission may recommend to the City Council that the request for a PD District be granted, be granted with stipulations and conditions, or disapproved. In making its recommendation, the Plan Commission shall find that the plans, maps and documents submitted by the applicant and presented at the public hearing or regular meeting do or do not establish that the applicant has met the requirements applicable to the grant of rezoning generally, and in addition:
1. The requirements of unified control and agreement set out in this section;
2. Locational standards set out in this section;
3. The internal PD standards set out in this section;
4. The tract for the proposed PD is suitable in terms of its relationship to the Illinois Route 336 corridor plan or comprehensive plan and that the area surrounding the proposed PD can continue to be developed in coordination and substantial compatibility with the PD proposed;
5. That the desirable modifications of general zoning or PD regulations, as applied to the particular case, justify such modification of regulations and meet to at least an equivalent degree the regulations modified, based on the design and amenities incorporated in the development concept plan;
6. That open space in accordance with these zoning regulations is provided for the proposed PD, and desirable natural features indigenous to the site are preserved in the development plan presented.
(I) Binding Nature Of Approval For PD: All terms, conditions, safeguards, and stipulations made at the time of approval for PD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of this title.
(J) Development Of Lands Under The PD Provisions: Plans for development of land approved for PD shall be processed in accordance with procedures established in this Code. The same information shall be furnished for the site and development plan approval. The site and development plan submitted shall be in substantial compliance with the development concept plan submitted as a part of the application for approval of a particular PD District. In addition to the requirements of this Code determined to be applicable, the following information shall be provided:
1. Building locations of all structures proposed which are a part of the project shall be depicted on the site and development plan and the supplementary materials required.
2. Master landscape plan depicting existing and proposed vegetation and locations thereof on the site, and provisions for maintenance of same.
3. Fence, wall, and planting screen locations, heights, and materials, and provisions for maintenance of same.
4. Tabulations analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to specific types of residential and nonresidential uses, off street parking and off street loading, streets, open spaces, and recreation areas. The total number of dwelling units in the project by type and overall density and the total square footage of nonresidential land uses, by type, shall be included.
5. Once site and development plan approval has been obtained, the applicant shall proceed in accordance with the requirements of the Carthage subdivision ordinance determined to be applicable. In addition to the plat certificates specified in the Carthage subdivision ordinance, and prior to recording a final plat, the developer shall file, as specified at the time of grant of rezoning, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities, including streets, drives, parking areas, open space and recreation facilities, landscaped buffer areas, and stormwater management facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated, or maintained. Such documents shall be subject to review by an attorney designated by the City Council and approval by the City Council.
(K) Changes In Plans:
1. Changes in plans which are in substantial compliance with the approved development concept plan may be permitted by the Code Enforcement Officer with input from appropriate members of the Plan Commission as required, on application by the applicant or successors, but only upon making a finding that such changes are:
(a) In accord with all applicable regulations currently in effect;
(b) In accord with all the conditions and requirements specified in the ordinance approving the PD District.
2. The Code Enforcement Officer is authorized to approve changes in the approved development concept plan of a PD District, but shall not have the power to approve changes that constitute a substantial modification. A substantial modification shall be processed by the Code Enforcement Officer and shall require public hearings before the Plan Commission and the City Council, in accordance with these zoning regulations.
In reaching a decision as to whether or not the changes are to be considered a substantial modification, the Code Enforcement Officer shall, after reviewing the record of the project, determine if any of the following changes are proposed. If such changes are proposed, the request shall be considered a substantial modification.
(a) Alterations to the land uses approved in the development concept plan which lie within one hundred feet (100') of the boundary of the PD District, or within one hundred feet (100') of any part of the Planned District which has been constructed or sold to any owner or owners different from the applicant requesting the change. A change from multi-family to single- family use in a P-1 District shall not be deemed a substantial modification. A change from one permitted principal use to another permitted principal use in the B-4, B-5 or I-3 Districts, shall not be deemed to be a substantial modification. An application for special exception in the B-4, B-5 or I-3 Districts shall not be deemed to be a substantial modification.
(b) A reduction in the amount of open space, recreation areas, preservation areas or buffer areas of more than five percent (5%), or any change in the location of open space or recreational uses within one hundred feet (100') of the boundary of the PD District, or within one hundred feet (100') of any part of a nonresidential planned district which has been constructed or sold to any owner or owners different from the applicant requesting the change, or within one hundred feet (100') of the boundary of any portion of a residential planned district which has received final plat approval. The Code Enforcement Officer may request comments from other City departments and other agencies, as appropriate, in conjunction with this criteria.
(c) In P-1 Districts, a change from single-family residential use to multi-family residential use; from residential use to internal commercial use; or a change in the location of an internal commercial component.
(d) In B-4, B-5 or I-3 Districts, an increase in floor area of five percent (5%) or more.
(e) Any change in a condition specifically required by the City Council as part of the approval of the PD District.
3. All requests for review of changes to the development concept plan shall include sufficient information to enable the Code Enforcement Officer to make a determination whether or not one or more of the criteria listed in subsections (K)2(a) through (K)2(e) of this section are met. An application for a change to a PD shall include, at a minimum, the following information:
(a) A statement by the applicant which specifies the exact nature of the change(s) proposed to the development concept plan and which addresses the proposed change(s) in relation to each of the criteria contained in subsections (K)2(a) through (K)2(e) of this section.
(b) A graphic or map indicating the boundaries of the entire PD District; the relationship of the portion of the PD District to be changed to the remainder of the PD District, if the revision does not include the entire PD District, and delineating those areas of the PD District which are currently developed. Areas within the PD District which are under separate ownership than the applicant requesting the change shall also be delineated.
(c) A revised development concept plan showing the proposed change(s).
(d) If the proposed change(s) does not meet the criteria listed in subsections (K)2(a) through (K)2(e) of this section, it shall not be deemed to be a substantial modification. However, the applicant shall submit three (3) copies of the revised development concept plan for distribution to the City. (Ord. 2008-2, 5-27-2008)
(e) All proposed amendments or changes to a planned unit development or master plan which changes are not in substantial compliance with the approved development concept plan and which are accordingly not approved by the Code Enforcement Officer pursuant to subsection (K)1 of this section must be presented to the Planning Commission by petition and require a public hearing before the Planning Commission which shall be noticed and conducted in conformity with the ordinances of the City of Carthage and the Statutes of the State of Illinois.
(f) Whenever such a petition is filed to change or amend any existing planned unit development or master plan, the petition shall be referred by the Mayor to the Planning Commission of the City of Carthage for a hearing and recommendation. The petition shall include the submittals and attachments required by this subsection (K) and subsection (L) of this section. The Planning Commission may make its recommendation conditional on the petitioner meeting any reasonable requirements the Planning Commission may impose for approval of the amendment or change.
(g) The City Clerk shall publish notice of the date, time and place of the hearing before the Planning Commission together with a description of the proposed change or amendment which publication shall be not less than fifteen (15) nor more than thirty (30) days prior to the hearing. The Planning Commission shall conduct a hearing on the request and submit to the City Council a recommendation that the proposed amendment or change be either approved or disapproved.
(h) Upon receiving the recommendation of the Planning Commission, the City Council shall consider the petition for proposed change or amendment to the planned unit development or master plan and either approve or disapprove the proposed change. The City Council may make its approval conditional on the petitioner meeting any reasonable requirements the City Council may impose for approval of the amendment or change. (Ord. 2011-13, 1-10-2012)
(L) Administration: All development concept plans and final site and development plans shall be submitted to the Code Enforcement Officer who shall transmit all applications and their accompanying plans to the Plan Commission for their review. The purpose of these plans is to show all information needed to enable the Code Enforcement Officer, Plan Commission, and the City Council to determine if the proposed development meets the requirements of this section. The submittal procedure is as follows: (Ord. 2008-2, 5-27-2008; amd. 2018 Code)
1. Nine (9) copies of the development concept plan and final site and development plan with all applicable information shown on the plan shall be submitted one week prior to the Plan Commission meeting.
2. If revisions are required, three (3) copies of the plan shall be submitted to the Plan Commission for final review.
3. Upon approval of the site plan, one approved plan will be kept on file in City Hall, one plan will be on file by the Code Enforcement Officer for field review and the final copy of the approval plan will be returned to the developer/owner for use by the contractor in the construction process.
(M) Deviations From Approved Plans: Deviations from approved plans or failure to comply with any requirement, condition, or safeguard imposed by the City Council during the approval or platting procedure shall constitute a violation of this title.
(N) Building Permits: No building permit, certificate of occupancy or zoning compliance shall be issued in or for development in a PD District except in conformity with all provisions of the request for PD and plans submitted under this section. No occupancy permit or certificate of zoning compliance shall be issued however, until all improvements have been completed, and the final plat of record or site and development plan, as applicable, for the project or approved phase or element of the project has been recorded or approved. (Ord. 2008-2, 5-27-2008)