9-1-6-12: SPECIAL USE FOR THE M-2 RECLAMATION OVERLAY DISTRICT (ROD):
   A.   Intent And Purpose: The intent and purpose of the M-2 reclamation overlay district (ROD) is:
      1.   To provide for the long range mixed use development of a parcel upon which earth extraction material or mineral processing has been approved.
      2.   To identify and take advantage of the unique features of the site that provides superior development and infrastructure taking into consideration the parcel's condition as a result of earth extraction.
      3.   To be granted relief from the fixed regulations of conventional zones and from certain aspects of the subdivision and other engineering and regulatory ordinances and village plans. The ROD regulations supersede and govern the development of properties and, in the instance of a conflict of regulations or in the instance when other village regulations exceed the standards of the ROD, the requirements of this section shall supersede all other requirements.
      4.   To encourage an innovative site plan.
      5.   To encourage the enhancement and development of the postextraction condition of the parcel.
      6.   To obtain usable open space and recreational space.
      7.   To increase the quality of the site design.
      8.   To provide a compatible relationship between ROD land uses and adjoining land uses.
      9.   To provide sensitive handling of on site and off site traffic flow for efficiency of circulation and safety.
      10.   To allow this ROD district to be approved only as a special use if the application is consistent with the provisions of this section.
   B.   ROD Eligibility Requirements:
      1.   The parcel must have a unified design. The tract of land submitted for ROD development must be developed as a single design entity even though it may be developed in phases, or contain a wide variety of uses and activities otherwise not necessarily compatible with one another.
      2.   All land in the parcel submitted as the ROD application must be initially under the control of the applicant.
      3.   The entire parcel shall be no less than eight hundred (800) acres and the current underlying zoning for said parcel must be M-2 general manufacturing district with the right for earth extraction or material or mineral processing.
      4.   After a proposed development has received ROD tentative plat approval, additional property of less than eight hundred (800) acres may be added by an applicant who has received ROD tentative plat approval as long as the additional property is subject to the process as contained within this section, and the criteria for ROD tentative plan approval are met for the additional property. Such land need not be contiguous to the property, but must enhance and further the purposes of the approved ROD tentative plan as applied to the additional property.
   C.   Two Step Review: There is a two (2) step ROD application review procedure as hereinafter set forth. (Ord. 2006-38, 11-14-2006)
   D.   Step One - ROD Application And Tentative ROD Plan (Required):
      1.   The petitioner shall submit twenty five (25) copies of the tentative plan (including all documents listed in subsection D6 of this section and the deposit required by section 9-4-5 of the village code) with the zoning secretary who shall forward them to the village clerk and plan commission.
      2.   A hearing date shall be held before the plan commission after notice and publication shall be made in accordance with this ordinance. After the public hearing has been closed, the plan commission shall make its recommendation regarding the proposed development no later than the date of its second regularly scheduled meeting after the close of the hearing, but not later than thirty (30) days after the close of the hearing.
      3.   The village board of trustees, upon receiving the report of findings and recommendation of the plan commission, may grant or deny any proposed petition in accordance with applicable Illinois statutes, or may refer it back to the plan commission for further consideration one time.
      4.   The village board of trustees, after receiving the findings and recommendation of the plan commission, if any, may grant or deny any proposed petition in accordance with applicable Illinois statutes. (Ord. 2009-18, 8-11-2009)
      5.   The tentative plan is a general indication of the proposed land uses and the general or schematic locations of detention areas, open spaces, and parks. At this stage of planning, detailed data pertaining to precise building locations, parks, and detention areas will not be available and will be further refined as the plans progress to the final plan stage. The more detailed data and site plans shall be submitted to the village for review and approval at the final plan stage of development. It is understood that the engineering plans for the development of the property shall not be completed at this early stage of planning. The tentative plan will undergo further refinement and when the final plan is prepared it will be submitted for final site plan approval and engineering approval by the village engineer. The final plan may be submitted for approval either in phases or as a whole. Tentative and final plans shall permit a lesser residential density in area approved for a higher residential density.
      6.   The tentative plan submittals shall contain the following:
         a.   Analysis Of Relationship To Village Comprehensive Plan: An analysis of how the proposed development complies with and advances the goals and policies established in the village comprehensive plan and any proposed plan amendments.
         b.   General Site Information: Data regarding site conditions, land characteristics, general land use, existing and proposed zoning including designation of an underlying village zoning district, available community facilities and utilities, surface water drainage characteristics, existing covenants, and other related general information about land uses within one-half (1/2) mile of the proposed site perimeter. A summary of the site data must be provided listing the percentages of the site for each anticipated use. Site information shall include how police, fire, sewer, water and other municipal services will be provided and paid for including information as to how the applicant will address the active and passive recreational needs generated by site's development at the time of final plat for each residential phase.
         c.   Sketch Plan: A scaled drawing in simple sketch form showing the proposed location and extent of the land uses, major streets, anticipated designated areas for specific uses along with the types of land uses, approximate number of acres assigned to each land use, the total number of dwelling units defined by housing type, the size of lots assigned to each type of single-family use and other features as they are related to the site.
         d.   Character: Written explanation of the character of the development and the reasons why it has been planned to take advantage of the flexibility of these regulations. This item shall include a specific explanation of how the proposed development meets the objectives of all official plans which affect the land in question and approximately what percentage of the property will be dedicated for roads.
         e.   Schedule/Phasing: Anticipated development schedule indicating:
(1) Stages in which project will be built, with emphasis on area, density, use and public improvements/facilities, such as open space to be developed with each stage. Each stage shall be described and mapped as a phase of the project. The overall design of each phase shall be shown on the plan and through supporting graphic material.
(2) Anticipated dates for beginning and completion of each phase.
         f.   Market Analysis: If requested by the village, background data indicating the extent of market demand for the uses proposed in the development shall be provided.
         g.   Covenants/Homeowners' Association: Proposed methodology as to how the use, maintenance, and continued protection of the development, ponds, lake and any of its common open space will occur.
         h.   Residential: Provide information on the density of residential uses, including dwelling units per gross acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the development; "gross" being all land excluding perimeter roadway dedication and "net" being gross acres as previously defined minus land used for other land use classes/districts and utilities that serve land not included in the development); and the number of dwelling units by type. Information should be provided for each phase in the development.
         i.   Nonresidential Intensity: Provide information on the type and amount of nonresidential uses including locations, the amount and location of common open space; and any other data pertinent to a comprehensive evaluation of the proposed development.
         j.   Landscape Data: Preliminary landscape standards, which shall include enhanced landscaping between different use zones; portions of the property perimeter and the property's frontage.
         k.   Cost-Revenue Analysis (Fiscal Impact Study): A study shall be prepared indicating the fiscal impact of the development on major taxing bodies, which may include, but not be limited to, the school district(s), fire protection district(s), municipal corporation, library district(s), and the park district(s). Information will include detailed estimates on: expected population of the development; the operating cost to be incurred by each taxing body; any additional major capital investments required, in part or in whole, because of the development; revenue generated for each taxing body by the development to offset fiscal problems created by the development. The study should include a cash flow analysis based on the proposed staging of the development and shall specify the village staffing assumptions utilized preparing such analysis.
         l.   Traffic Analysis: If requested by the village, a study of the impact caused by the development on the street and highway systems operating in the village will be required. Copies of the analysis shall be provided to other governmental entities with jurisdictional control over any roadways contained within or abutting the development along with a request that such entities acknowledge receipt of and provide written comments on the analysis to the village.
         m.   Environmental Analysis: An NRI report and endangered species act review shall be submitted.
         n.   Variations: Listing of known variations to be requested from the subdivision regulations.
      7.   The criteria for approval of a tentative ROD plan are as follows:
         a.   Does the plan take advantage of the unique qualities of the property?
         b.   Will open space and recreational amenities commensurate with the needs of the residents of the property be provided?
         c.   The extent to which the plan provides an efficient, aesthetic and desirable use of open and recreational space.
         d.   The extent to which the plan provides for development of the property in a manner which is harmonious with the surrounding community.
         e.   The extent to which the use of the property results in efficient networks of utilities, streets, public grounds and other infrastructures.
         f.   The extent to which the plan encourages land uses which are not detrimental to the public health, safety and welfare of the village.
         g.   The extent to which infrastructure is provided for the property which may benefit surrounding properties subject to the owner's ability to recapture an equitable portion of its expense for said infrastructure.
         h.   The extent to which adequate provision is made for municipal services and facilities for the property.
         i.   The extent to which the plan promotes the orderly growth of the village and positively affects the long range interests of the village.
         j.   The extent to which the plan provides for the needs of affected school districts consistent with the obligations imposed on the owner by existing law and by village ordinances as amended from time to time. (Ord. 2006-38, 11-14-2006)
   E.   Step Two - ROD Application, Final ROD Plan (Required):
      1.   The final plan accompanied by a proposed final plat for any phase of the development shall be submitted to the plan commission and shall be reviewed at its next regularly scheduled meeting. The plan commission shall make its recommendations regarding the final plan no later than its next meeting after the meeting at which the review has occurred. The village board shall take final action on a final plan promptly after receipt of the recommendation of the plan commission. If no recommendation is timely made by the plan commission, then the final plan shall be deemed to have been approved by the plan commission as presented. It is recognized that overlay district developments are of a different character and may require modifications and variations from the subdivision ordinance and other ordinances of the village. Such modifications shall be reasonably considered and approved by the village in its reasonable discretion as part of the final plan approval process as long as density has not changed from the tentative plan and the final plan conforms to requirements of the village's subdivision ordinance. However, it is understood that the requirements of the stormwater detention ordinance will be abided by unless the village and Lake or McHenry County (if required) grant a waiver of same or portions of same in light of the lakes that may be created on a parcel.
      2.   The final plan (25 copies) for any phase of the development shall include:
         a.   All items required by subsection D6 of this section.
         b.   Final plat of subdivision.
         c.   All documents required by the village's subdivision ordinance.
         d.   Service facilities information. Provide information on all service facilities, related driveways, private streets, paths and off street parking facilities.
         e.   Monotony codes identification. Identification of monotony codes to be utilized in residential developments.
         f.   Proposed covenants, conditions and restrictions.
      3.   The required information for final ROD review shall be submitted to the zoning secretary a minimum of thirty (30) days prior to the meeting with the village plan commission.
   F.   Modification To The Tentative Or Final Plan In The ROD District: "Minor changes" are defined as changes that do not increase the residential density of any phase of an approved tentative plan or approved final plan, and do not require variations from the village's subdivision ordinance or this ordinance and may be approved by the building commissioner. Major changes shall require approval of the village board, and if a variation from this zoning ordinance is required, then a public hearing must be held before the zoning board of appeals. (Ord. 2009-18, 8-11-2009)
   G.   Expiration Of ROD Plan Approval: The tentative ROD plan approval shall expire fifteen (15) years after the date of its approval unless an application for final ROD review has been submitted to the village clerk for all or a portion of the parcel within the fifteen (15) year time period. Three (3) one-year extensions may be granted by the village board in its discretion. The final ROD plan shall expire two (2) years after the date of its approval unless construction has begun on a portion of the property described in the final ROD plan or unless a one year extension has been requested. The village board shall grant three (3) one-year extensions if petitioner requests them.
   H.   Permitted Uses: All uses listed in table 1, "Uses In Zoning Districts", of this ordinance are allowed in ROD as provided in section 9-1-4-2 of this ordinance except in those phases which are developed as residential areas.
   I.   Bulk Standards:
      1.   Notwithstanding the provisions set elsewhere in this zoning ordinance and the village's subdivision ordinance, the following standards shall govern and apply: The standards for residential structures are set forth below. The actual lot to be conveyed may be a pad under the individual dwelling unit and/or partially around the individual dwelling unit. In this instance, the remaining land would be owned and maintained by a common homeowners' association.
         a.   Site Standards For ROD - R-1 - Single-Family Detached Areas:
 
Gross density
A maximum of 3 dwelling units to the gross acre (units may be clustered to promote an open space design)
Lot area
7,800 square foot minimum
Lot width
50 feet minimum lot width
Lot coverage
60 percent maximum; does not include swimming pools
Front yard
25 feet
Side yard
5 feet
Yard abutting a street
10 feet
Rear yard
15 feet
Building height
2 1/2 stories or 35 feet, whichever is greater
Parking requirements
Minimum of 2 spaces per dwelling unit
Garage
2 car minimum
Open space
30 percent subject to subsection L of this section
 
         b.   Site Standards For ROD - R-2 - Single-Family Attached Areas:
 
Lot area
There shall be no minimum lot size
Gross density
A maximum of 7 dwelling units per gross acre (units may be clustered to promote an open space design)
Lot width
There shall be no minimum lot width
Building separation
All structures shall have a minimum distance of 20 feet between one another and shall be set back 20 feet from the curb of private street or 20 feet from the right of way line
Yard requirements
The total property or parcel devoted to medium density residential shall maintain a minimum yard (building setback) of 30 feet on all property boundaries. There shall be no individual yard requirements for individual structures other than the 20 foot spacing between buildings and the heretofore described 30 foot setback along the periphery of the total cluster development
Building height
Not to exceed 35 feet
Parking requirement
2 spaces per unit
Garage size
2 car garage per dwelling unit
Open space
30 percent subject to subsection L of this section
 
         c.   Site Standards For ROD - R-3 - Multiple-Family Areas:
 
Design
The site plan in the multi-family areas shall be designed to promote courtyards, lighted courts and open areas
Gross density
12 dwelling units per gross acre
Lot area
There shall be no minimum lot size
Lot width
There shall be no minimum lot width
Building separation
All structures shall have a minimum distance of 20 feet between one another and shall be set back 20 feet from the curb of private street or 20 feet from the right of way line
Yard requirements
The total property or parcel devoted to multi-family residential shall maintain a minimum yard (building setback) of 20 feet on all property boundaries. There shall be no individual yard requirements for individual structures other than the 20 foot spacing between buildings and the heretofore described 20 foot setback along the periphery of the total multi-family residential development area
Building height
Not to exceed 5 stories
Parking requirement
2 spaces per unit
Overflow parking
Petitioner shall demonstrate the availability of overflow parking of 0.5 spaces per unit
Garage size
None required
Unit size
Each unit shall have a minimum area of 920 square feet which shall include a prorated portion of the common area of the building
Open space
30 percent subject to subsection L of this section
 
         d.   Site Standards For Nonresidential Areas: Each use developed as a nonresidential use in the ROD district shall comply with the bulk requirements set forth in the zoning ordinance as may be modified from time to time.
         e.   Miscellaneous Site Provisions:
(1) In the ROD district, building heights are measured from the top of the first floor and do not include easements, walk out basements, English basements or side loaded garages.
(2) Lot coverage does not include swimming pools, patios and decks.
   J.   Off Street Parking: Off street parking, not otherwise modified by this section, shall be required to comply with the parking regulations in accordance with the off street parking provision of the zoning ordinance effective January 1, 2006, unless modified by this section and as to nonresidential areas as they may be modified from time to time.
   K.   Application Of Other Ordinances: All streets and related street improvements and storm water control facilities shall be designed by a registered professional engineer. All public streets and storm water control facilities shall be constructed consistent with the subdivision regulations and other ordinances of the village of Fox Lake as amended from time to time unless amended by this section. It is recognized that overlay district developments may vary from the rigid guidelines of conventional zoning standards and from certain engineering and subdivision regulations. In this respect the village will reasonably consider and approve in its discretion any variations to the subdivision control ordinance and other ordinances in order to effectuate the implementation of the ROD tentative and final plans.
Except as modified by this section, the property will be developed in accordance with the village code and the village's zoning ordinance and subdivision regulations and building code as amended from time to time, and as uniformly applied within the village.
   L.   Open Space: Common open and recreational space shall be schematically depicted on the tentative plan and as specifically defined in the final plans. The areas depicted in the tentative plans may be altered in context with the progression of future tentative and final plans. "Common open space" is defined as land used for ponds, lakes, detention areas, floodplains and passive and active recreational areas. The total provision of open space may be divided and located within different phases of the entire development. The open space may be owned either by the homeowners' association or in the alternative by a governmental unit with approval of the governmental unit.
It is recognized that some final plans will have less than thirty percent (30%) open space and others will have more than thirty percent (30%) open space, however, in no event shall the overall ROD district have less than thirty percent (30%) open space when fully developed and each final plan for a residential development shall have no less than fifteen percent (15%) open space.
All private improvements planned for the open space areas shall be installed and paid for by the developer. These improvements may include, but are not limited to, planned landscaping, walkways, driveways, clubhouses, swimming pools, tennis courts, and golf courses. Open space dedicated to a governmental unit shall be maintained by that unit of government and improvements by the owner, if any, shall be as required by the subdivision control ordinance.
   M.   Yard Requirement Exceptions In The ROD District: The following architectural elements shall be allowed to project into or be constructed in any required yard or setback, but such exceptions to establish setbacks shall not be allowed to extend beyond the property line.
      1.   Roof projections may extend into a side building setback zone a maximum of two feet (2') and may extend into a front or rear building setback zone a maximum of four feet (4').
      2.   Nonenclosed porches and steps to a dwelling may extend into the front building setback zones to a maximum of four feet (4').
      3.   Open terraces, swimming pools, and tennis courts may extend into the rear yard setback zone a maximum of ten feet (10').
      4.   Bay windows may extend into front and rear building setback zones but may not extend more than two feet (2').
      5.   Chimneys may extend into all building setback zones but may not extend more than eighteen inches (18").
   N.   Overlay District:
      1.   The M-2 reclamation overlay district (ROD) is an "overlay" district in addition to the underlying zoning classifications. Any ROD zoning and designation shall supplement other zoning districts ("underlying zoning district"). The uses allowed in the underlying zoning district as well as the uses allowed in the ROD are permitted uses within these areas. Once building permits are issued for construction on property located in any underlying zoning district, only the uses permitted in said underlying zoning district as to the property for which the building permit was issued shall be allowed until a final plan has been approved at a property owner's request by the board of trustees of the village of Fox Lake and thereafter recorded for the reclamation overlay district (ROD) use. Upon final plan recording for ROD uses, only the uses permitted in the ROD shall be permitted as to the property described in said final plan and the uses allowed in any other underlying zoning district shall no longer be permitted as to the property described in said final plan unless it is a permitted ROD use.
      2.   Upon recording of the final plan for a residential development on a portion of the ROD district (final plan parcel) on one side of one or more preexisting dedicated roadways, all ROD parcels depicted on the tentative ROD plan on the same side of such preexisting dedicated roadways shall have permitted uses which are limited to those uses allowed in the zoning categories set forth in those adjoining parcels on the approved tentative ROD plan in addition to earth extraction and agricultural uses permitted in the M-2 zoning district. (Ord. 2006-38, 11-14-2006)