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Sections 13-1-70 through 13-1-76 set forth the basic philosophy and intent in providing for PUD Planned Unit Development Overlay Districts, the kinds thereof, the general requirements, physical requirements and requirements as to public services and facilities. The following sections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.
(a) General Zoning Procedures. The procedure for zoning to a PUD Planned Unit Development Overlay District shall be the same as required for any other rezoning application, except that an application for zoning to a PUD Planned Unit Development Overlay District may be considered only in conjunction with a General Development Plan as hereinafter defined and shall be subject to the following additional requirements below.
(b) Pre-Application Conference. Prior to the official submission of the petition for the approval of a PUD Planned Unit Development Overlay District, the applicant (owner or his/her agent) shall meet with the Plan Commission, Village zoning staff and/or appropriate technical professionals advisory to the Village for a preliminary discussion as to the scope and nature of the proposed development, and to discuss possible alternative approaches to the development of the specific area.
(c) Petition for Review and Approval; General Development Plan. Following the pre- application conference, the owner or his/her agent may file a petition with the Village Administrator for an amendment to the Village's Zoning Map designating and adding a PUD Planned Unit Development Overlay District, thereby permitting the application of the provisions of this Article to the designated area. Such petition shall be accompanied by a review fee as prescribed by Section 1-3-1, as well as incorporate the following information:
(1) General Informational Statement. A statement which sets forth the relationship of the proposed PUD Planned Unit Development Overlay District to the Village's adopted Comprehensive Plan, Neighborhood Plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD Planned Unit Development Overlay District, including the following information:
a. Total area to be included in the PUD Planned Unit Development Overlay District, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.
b. A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
c. A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.
d. Any proposed departures from the standards of development as set forth in the Village zoning regulations, land division/subdivision ordinance, other Village regulations or administrative rules, or other universal guidelines.
e. The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.
(2) General Development Plan. The General Development Plan consists of a general concept plan for the entire area covered by the proposed PUD Planned Unit Development Overlay District, and shall be submitted concurrently with the petition for rezoning of the area to a PUD Planned Unit Development Overlay District. In addition to any other site plan or architectural review requirements in this Chapter, the General Development Plan shall provide the following in sufficient detail to make possible an evaluation under the criteria prescribed in Sec. 13-1-79:
a. A legal description of the boundaries of the subject property included in the proposed PUD and a general location map showing the relationship of the proposed development site to surrounding properties. The boundaries of the proposed planned unit development shall be dimensioned and drawn at a scale no smaller than 1" = 200', identifying the use(s) of all abutting properties.
b. The topography of the site showing contours at an interval of no more than five (5) feet and showing all significant natural terrain features such as wooded areas, marshes, drainageways, and water bodies.
c. The location of actual and proposed public and private roads, driveways, sidewalks and parking facilities.
d. The size, arrangement, location and use of any proposed individual building sites and building groups on each individual site, and the type, size and location of all structures. Specifically addressed shall be the proposed density of residential development.
e. General architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.
f. The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways. Specifically addressed shall be the character of recreational and open space areas, including designation of any such areas to be classified as "common open space".
g. General landscape treatment.
h. The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.
i. The existing and proposed location of all private utilities or other easements.
j. Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.
k. If the development is to be staged, a staging plan.
I. A plan showing how the entire development can be further subdivided in the future.
m. Appropriate statistical data relative to the proposed development.
n. A general outline of intended organizational structure related to property owners' associations, deed restrictions, etc.
o. A general summary of the total estimated value of the completed development including structures, site improvement costs, landscaping and special features.
p. The expected date of the commencement of the physical development of the site, which shall include a statement outlining the amount of construction which shall constitute "commencement of the physical development of the site". As a condition of processing, this date and statement shall be mutually agreed upon by the petitioner and the Village.
q. A written construction schedule mutually agreed upon by the petitioner and the Village, which details the amount of completed construction which will be equivalent to seventy-five percent (75%) of the projected cost of the development. For purposes of this Article, such figure shall be referred to as the amount of development construction which has been "substantially completed."
r. A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, if subdivided lands are included in the planned unit development. (Note: The submission of one (1) or more of the above documents and plans, or a portion(s) of any one of the above documents and plans may be waived by the Village when such are not applicable for the review of a particular type of development).
s. Any other information deemed appropriate and necessary by the Plan Commission, Village Board or Village zoning officials.
(d) Referral to Plan Commission. Upon submittal to the Village Administrator, the petition for a PUD Planned Unit Development Overlay District shall be referred to the Plan Commission for its review and consideration. The Plan Commission shall, within sixty (60) days after referral, forward the petition to the Village Board with a recommendation that the zoning and related General Development Plan be approved as submitted, approved with modifications, or disapproved. The Plan Commission may add any additional conditions or restrictions which it may deem necessary or appropriate to recommend to promote the spirit and intent of this Zoning Code and the purpose of this Article guiding planned unit developments.
(e) Public Hearing. Upon receipt of the Plan Commission's recommendations, the Village Board shall, before determining the disposition of the petition, hold a public hearing on the petition for a PUD Planned Unit Development Overlay District in the manner provided in Sections 13-1-84 through 13-1-85 for Conditional Uses. Notice of such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
(f) Village Board Approval. The Village Board, following a recommendation from the Plan Commission and public hearing thereon and after due consideration, shall either deny the petition, approve the petition as submitted, or approve the petition subject to any additional conditions, restrictions and/or modifications the Village Board may impose. Approval of the proposed zoning to a PUD Planned Unit Development Overlay District shall constitute approval of the related General Development Plan, which shall be made part of the zoning record as an integral component of the right of use for the area in conformity with such plan.
(g) Detailed Implementation Plan; Submittal and Approval.
(1) Submittal Requirement; Timeframe. Within eighteen (18) months following the approval of the General Development Plan and PUD Planned Unit Development Overlay District, unless the time is extended by the Village Board, a Detailed Implementation Plan for the entire area, or a portion/phase thereof, shall be submitted to the Village Administrator.
(2) Contents. The Detailed Implementation Plan shall include the following:
a. A written statement describing the area of the proposed development and its relationship to the General Development Plan, along with a description of any proposed variations.
b. A plat of survey as required by Chapter 236, Wis. Stats., of the areas of the Detailed Implementation Plan showing all existing utilities and recorded easements.
c. The topography of the area of the Detailed Implementation Plan showing contours at an interval of no more than five (5) feet.
d. A detailed site development plan showing at a scale no smaller than 1" - 200' the specific designation of proposed land utilization, including the pattern of public and private roads, driveways, walkways, and parking facilities; detailed lot layout, and the arrangements of building groups other than single family residences; the use intended for any non-residential buildings; and the specific treatment of open spaces.
e. A proposed grading plan for the area of the Detailed Implementation Plan.
f. Specific landscape plans for all common open space, amenities or housing groups other than private single-family lots, including fences, walls, signs and lighting.
g. Architectural plans for any non-residential buildings, multi-family structures or building clusters other than conventional single-family homes on individual lots in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.
h. Detailed storm drainage, sanitary sewage disposal, and water system plans approved by the Village Engineer.
i. Proposed engineering standards for all roads, parking areas, and walkways.
j. Agreements, bylaws, covenants, and other documents providing for permanent preservation and maintenance of common open space areas and amenities.
k. A schedule and map as to the intended phasing of development if more than one (1) phase is intended.
I. Any other information deemed appropriate and necessary by the Village Board, Plan Commission or Village zoning officials.
(3) Review and Approval. Upon submittal, the Village Administrator shall refer the Detailed Implementation Plan and related documents to the Plan Commission. The Plan Commission shall, within sixty (60) days of referral, forward its recommendation to the Village Board that the Detailed Implementation Plan be approved as submitted, approved with modifications, or disapproved. The Village Board shall then take whatever action it deems appropriate on such Detailed Implementation Plan. Before plans submitted for a Detailed Implementation Plan will be approved, the developer shall give satisfactory proof that he/she has contracted to install all necessary improvements or file a performance bond, letter of credit or cash deposit, approved as to form by the Village Attorney, that such improvements will be installed within the time required by the Village Board. A Detailed Implementation Plan which is in conformity with an approved General Development Plan shall be entitled to approval, subject only to approval of the details of the Detailed Implementation Plan.
(4) Variations. Consistent with the basic goal of limited flexibility, minor variations may subsequently be permitted in details of the approved plans, subject to approval of the Plan Commission. If, in the opinion of the Plan Commission, any requested variation constitutes a substantial alteration of the original General Development and Detailed Implementation Plans as approved, the matter shall be referred to the Village Board for a hearing and action thereof. The introduction of any new category of use or increase of more than two percent (2%) from the approved density shall automatically constitute a substantial variation.
(h) Development Implementation.
(1) Conformity With Approved Plans. No specific use or building permit shall be issued for any part of such approved General Development Plan except for an area covered by an approved Detailed Implementation Plan and in conformity with such Plan.
(2) Official Record. Detailed building and landscape plans, as well as all other commitments and contractual agreements with the Village related to a Detailed Implementation Plan, shall be made a part of the official record and shall be considered supplementary components of the PUD Planned Unit Development Overlay District.
(i) Phasing Time Schedule; Extensions.
(1) Phasing Schedule. Each Detailed Implementation Plan shall be accompanied by a phasing schedule showing the times within which each phase or segment of the Detailed Implementation Plan will be completed. Approval of any Detailed Implementation Plan by the Village Board shall carry with it approval of the time schedule for completion of each phase or segment thereof, including any changes or amendments required by the Village Board.
(2) Time Extensions. In the event that any portion of such time schedule is not met, the Village Board, upon written request of the developer for an extension of time, delivered to the Village Board at least twenty-five (25) days prior to the expiration of the completion date for which such extension is requested, may, for good cause shown, extend said completion date for such length of time as the Village Board, at its sole discretion, deems justified by the circumstances. There shall be no limit upon the number of time extensions which may be requested.
(3) Failure to Meet Phasing Schedule. Upon failure of the developer to satisfactorily meet any phase or segment of the completion or phasing schedule, as determined by the Zoning Administrator or Building Inspector, within thirty (30) days of the expiration date thereof or within thirty (30) days of denial by the Village Board for extension thereof, all permits and approvals shall be void or suspended on other segments of the Detailed Implementation Plan until such time as the developer is able to be in conformance with the completion schedule phasing.
(j) Rescinding An Approval. Failure to comply with the conditions, commitments, guarantees, or the conditions established in the approval of such planned unit development project shall be cause for rescinding the approval of the same. Upon notice given by the Zoning Administrator or Building Inspector, the developer shall then be required to appear before the Village Board at a public meeting to explain any such failure to comply. The Village Board at such hearing shall determine whether or not the developer shall have failed to comply and if there has been such a failure, may either:
(1) Rescind Its Approval. The Village Board may rescind its earlier approval, whereupon such recision and the cessation of all rights and privileges of the developer and owner, including the right to complete construction or to construct any building or other structure or improvements, shall become effective on the 31st day following mailing, by certified mail, to the developer at his/her last known address of a written notice of such recision; or
(2) Compliance Extension. The Village Board, in the alternative to recision, may adjourn such hearing for a period not to exceed sixty (60) days to enable the developer to comply; whereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Village Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there shall be such compliance. If the developer is not then in substantial compliance or does not establish to the reasonable satisfaction of the Village Board that there will be compliance in the future, the Village Board will proceed in accordance with Subsection G)(l) above for recision.
(k) Revocation; Abandonment of Plan; Revocation to Basic Zoning Regulations and Uses.
(1) Revocation Upon Failure to Submit Precise Implementation Plan. In the event the developer shall fail to submit a Detailed Implementation Plan as revoked herein, the General Development Plan shall also be deemed revoked.
(2) Developer Abandonment of Project. In the event the developer shall elect to abandon the General Development Plan, after the same is approved and the area zoned to PUD Planned Unit Development Overlay District, the developer shall immediately notify the Village Board, in writing, and, upon receipt of such notice of abandonment, the General Development Plan shall be deemed revoked.
(3) Reclassification to Basic Underlying Zoning District. When recessions occur pursuant to the above, the area involved shall automatically revert to its underlying zoning and its applicable zoning regulations and uses.
(l) Major Changes.
(1) Major Changes Defined. Subsequent changes which alter the concept or intent of the planned unit development shall be defined as a "major change" and include, but are not limited to, the following:
a. Any change in the boundaries of the PUD District.
b. Any change in the permitted use to a less restrictive use.
c. Any construction of an accessory building or structure that is greater in dimensions than permitted by Section 13-1-200.
d. Any increase in the number of dwelling units over limits allowed by this Article.
e. Any change in the lot area or width requirements which were established at the time of approval.
f. Any change in the yard requirements which were established at the time of approval.
g. Any change in the amount or maintenance responsibility of common open space.
h. Any change in street locations or alignment.
i. Any change in the drainage plan.
j. Any subsequent land division.
k. Any change in the final governing agreements, provisions or covenants, agreed upon at the time of approval.
I. Any other change which is determined by the Zoning Administrator to constitute a major change.
(2) Action on Major Changes. The Zoning Administrator shall forward any major change to the Village Board for approval. Notice of the proposed change shall be given to all current property owners within the planned unit development area, at the expense of the petitioner, and shall be forwarded to any established association, pursuant to the procedures of the submitted association bylaws. Such major change shall be submitted as a new amendment to the PUD Planned Unit Development Overlay District and association general development plan and detailed implementa- tion plan, and shall follow the procedures in this Article for new applications.
(m) Subsequent Land Division. Any division of land or lands within a PUD Planned Unit Development Overlay District shall be accomplished pursuant to the land divisions regulations contained in Title 14 of the Village of Edgar Code of Ordinances. If such division is contemplated at the time of application for PUD District treatment, a preliminary plat of the lands proposed to be divided should also be filed with the Village at that time.
(a) General Requirements. The approval of a project encompassed in a PUD Planned Unit Development Overlay District shall be within the discretion of the Village Board. The Village Board, at its discretion, may determine that consideration of a project as a PUD Planned Unit Development Overlay District is not appropriate, and that conventional consideration and review under the standard requirements of this Zoning Code is appropriate and in the best interests of the Village and its citizens. The Plan Commission, in making a recommendation, and the Village Board, in making a determination approving a petition for a PUD Planned Unit Development Overlay District, shall base determinations on compliance with the following criteria:
(1) Compliance With Intent of Zoning Code. That the proposed development is consistent with the specific requirements of this Article governing planned unit developments and with the spirit and intent of this Zoning Code.
(2) Professionally-Prepared Plans. That the proposed development plan has been prepared with competent professional advice and guidance, and produces significant benefits in terms of improved environmental design sufficient to justify the application of the planned unit development concept instead of conventional zoning regulations.
(3) Consideration of Physical Nature of the Site. That the site development plan reflects sensitive consideration of the physical nature of the site with particular concern for conservation of natural features, preservation of open space, and careful shaping of terrain to ensure proper drainage and preservation of natural features wherever appropriate.
(4) Compatability With Other Developments. That the general character and density of use of the planned unit development produces an attractive environment appropriate to the uses proposed and which is compatible with existing developments in the surrounding area and with general community development plans and policies.
(5) Municipal Services. That the development can be provided with appropriate municipal services.
(6) Functional Design. That proposed design standards provide adequately for practical operation and maintenance based on actual functional need in terms of circulation, parking, emergency services, delivery services, snow plowing, and garbage and refuse collection.
(7) Provisions for Common Open Space. That adequate provision has been made to ensure proper maintenance and preservation of "common open space" which has been provided within the development for the recreational and aesthetic enhancement of the development, or to preserve or protect natural environmental or ecological resources. Such provisions may be made be dedication to the public or by retention in private ownership with appropriate covenants. Private ownership may be in common or individual ownership subject to the following:
a. The "common open space" shall be protected against future development by conveying to the Village and to each property owner within the planned unit development intended to be benefitted, as part of the conditions for development plan approval, a perpetual "open space easement" or "common open space covenant" running with the land and over such areas restricting them against future building development or use, except as is consistent with the use as designated on the approved plan for recreational or aesthetic purposes, or for the preservation of conservancy, natural environmental or ecologic resources.
b. The care and maintenance of such "common open space" shall be ensured by adequate covenants and deed restrictions, approved by the Village Attorney, running to the Village as well as to each property, assuring such maintenance. Where such maintenance is not carried out to the satisfaction of the Village, the Village shall be empowered and authorized to treat such area as a special service district and to provide the necessary maintenance service and to levy the cost thereof as a special charge on all properties within such service area.
c. In the case of roadways and other rights-of-way which are not dedicated to the public as part of the conditions for project approval, there shall be granted to the Village such easements over the same as may be necessary to enable the Village to provide suitable and adequate fire protection, sanitary and storm sewer, water, and other required municipal services of the project area.
d. Ownership and tax responsibility of private open space areas and rights-of-way shall be established in a manner acceptable to the Village and made part of the condition of the plan.
e. Areas established for public use shall be dedicated to the Village on preliminary and final subdivision plats consistent with the approved development plan.
(8) Other Factors. Any other factors which in the discretion of the Village Board are necessary to protect the public health, safety, and welfare of the area of the community.
(b) Proposed Construction Schedule. The Plan Commission and Village Board, in making their respective recommendations and determinations, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD Planned Unit Development Overlay District, commencement of the physical development within one (I) year of approval being deemed reasonable. The petitioners for the proposed PUD Planned Unit Development Overlay District shall indicate when they intend to commence development and that the development will be carried out according to the written construction schedule as outlined in Subsection (c)(2)p-q. The construction schedule shall be a binding legal agreement between the developer and the Village, requiring signatures of the authorized agent of the planned unit development project and of the Village. Failure of the developer to commence the physical development of the planned unit development within the specified time period, or failure of the developer to complete the development as agreed under the construction schedule, empowers the Village to take the necessary actions specified in Section 13-1-79.
(c) Residential PUD Considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:
(1) Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.
(2) The total net residential density within the planned unit development will be compatible with the Village Comprehensive Plan (Master Plan and Official Map), Neighborhood Plan, or components thereof, and shall be compatible with the density of the district wherein located.
(3) Structure types will be generally compatible with other structural types permitted in the underlying basic use district. To this end, structure type shall be limited as follows:
a. Planned residential developments in the residential districts shall not exceed sixteen (16) dwelling units per structure.
(4) Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.
(5) Provision has been made for adequate, continuing fire and police protection.
(6) The population density of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
(7) Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan as approved either by private reservation and maintenance or by dedication to the public.
(d) Commercial PUD Considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed commercial planned unit development, shall further consider whether:
(1) The economic practicality of the proposed development can be justified.
(2) The proposed development will be served by off-street parking and truck service facilities in accordance with this Chapter.
(3) The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and storm water drainage and maintenance of public areas.
(4) The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.
(5) The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
(e) Industrial PUD, Considerations. The Plan Commission and Village Board, in making their respective recommendations and determination as to a proposed industrial planned unit development, shall further consider whether:
(1) The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.
(2) The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water sanitary sewer and storm water drainage and maintenance of public areas.
(3) The proposed development will include provision for off-street parking and truck service areas in accordance with this Chapter and will be adequately served by easy- access rail and/or arterial highway facilities.
(4) The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
(f) Mixed Use PUD, Considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed mixed use planned unit development, shall further consider whether:
(1) The proposed mixture of uses procedures a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.
(2) The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.
(3) The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and storm water drainage and maintenance of public areas.
Article E: Conditional Uses
The purpose of a conditional use is to provide a reasonable degree of discretion in determining the suitability of certain uses of a special nature, so as to make impractical their predetermination as a principal use in a district. The development and execution of this Article is based upon the division of the Village of Edgar into zoning districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a specific location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses, and are those uses specifically designated as conditional uses by the zoning district or which are classified as a conditional use under the review procedures in this Article. The listing of a use as a conditional use is not a legislative determination that the use is inherently in the public interest in that district. [See Al/Energy Corp. v. Trempealeau County, 2017 WI 52 (2017)].
(a) Authority; Intent. The Village Board may authorize the Zoning Administrator to issue a conditional use permit after review, public hearing, advisory recommendation from the Plan Commission and approval from the Village Board, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. Such Village Board action, and the resulting conditional use permit, when, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the Village Board shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
(b) Conditional Uses Adjacent to Freeways. Any development for which a conditional use permit is requested within five hundred (500) feet of the existing or proposed rights-of-way of freeways, expressways and within one-half (1/2) mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Plan Commission and/or Village Board shall request such review and await the highway agency's recommendation for a period not to exceed twenty (20) days before taking final action.
(c) General Authority to Require Conditions. Per Section 13-1-88, conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be recommended by the Plan Commission and required by the Village Board upon their findings that these are necessary to fulfill the purpose and intent of this Chapter.
(d) Compliance With Other Zoning Conditions. Compliance with all other provisions of this Chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.
Any person, firm, corporation or organization having a freehold interest 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 in the land for which a conditional use permit is sought may file an application to use such land for one (1) or more of the conditional uses provided for in this Article in the zoning district in which such land is located, or a conditional use substantially similar to a listed conditional use.
(a) Application Filing Requirements. An application for a conditional use permit, accompanied with the application fee prescribed by the Village, shall be filed on a form prescribed by the Village of Edgar. Such applications shall be forwarded to the Plan Commission upon receipt by the Zoning Administrator or Village Administrator.
(b) Required Plans/Information. The plans/information required for review of all conditional use permit applications shall generally consist of any or all of the following, as required by the Zoning Administrator:
(1) Site Development Plan. A site development plan, which shall include and address:
a. Location of all buildings on lots, including both existing and proposed structures.
b. Location and number of existing and proposed parking spaces.
c. Vehicular circulation.
(2) Dimension Plan. A dimension plan, which shall include and address:
a. Lot dimensions and area.
b. Dimensions of proposed and existing structures.
c. Setbacks of all buildings located on property in question.
d. Architectural elevations.
(3) Grading Plan. A grading plan, which shall include and address:
a. Existing contour.
b. Proposed changes in contour.
c. Drainage configuration.
(4) Landscape Plan. A landscape plan, which shall include and address:
a. Location of all existing major trees, and which trees are proposed to be removed.
(5) Statement. A written statement on why the conditional use is being applied for and what use is intended for the property.
(c) Additional Information. In order to secure information upon which to base its determination, the Zoning Administrator may require the applicant to furnish, in addition to the information required above and for a building permit, the following information:
(1) Contours; Soil Types. A plan of the area showing contours, soil types, high water mark, ground water conditions, bedrock, slope and vegetation cover.
(2) Location of Buildings; Parking Areas. Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping and lighting.
(3) Building and Utilities Plans. Plans for buildings, sewage disposal facilities, water supply systems, and arrangements of operations.
(4) Filling/GradingPlan. Specifications for areas of proposed filling, grading, lagooning or dredging.
(5) Other Information. Other pertinent information necessary to determine if the proposed use meets the requirements of this Chapter.
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