Loading...
(A) Application procedure.
(1) The application for a rezoning to the PUD Zoning District shall be accompanied by an application plan meeting the requirements of § 154.487(A) and show evidence that the proposed development will conform to the official county plan and to the purpose of the PUD District set forth in § 154.485. The Zoning Board of Appeals shall grant or deny said application pursuant to the provisions contained in §§ 154.020 through 154.023. Approval of the PUD Zoning District shall constitute an expression of approval by the Zoning Board of Appeals of the application plan as a guide to the preparation of the preliminary PUD plan. The applications shall be accompanied by a filing fee in an amount equal to that prescribed by §§ 154.020 through 154.023.
(2) To reduce the number of steps involved in the approval of a planned unit development, a preliminary PUD plan meeting the requirements of division (A)(1) above and § 154.487(B)(2) may be submitted in lieu of an application plan required in division (A)(1) above. This type of application shall be accompanied by a filing fee in an amount equal of $100 plus an amount equal to that prescribed by 1.2(a)(2) of this section.
(B) Approval of the preliminary plan.
(1) (a) Supporting data in accordance with § 154.487(B)(2).
(b) Copies of the preliminary PUD plan and supporting data shall be submitted to the Administrative Officer for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.
(c) Copies of the preliminary PUD plan shall be submitted to the Zoning Board of Appeals who shall hold public hearings on the application for a preliminary PUD plan giving notice of the times and places as required by state law by publishing a notice thereof at least once in a publication having general circulation within the county. Following the public hearings, a recommendation of approval or denial of the preliminary PUD plan shall be made by the Zoning Board of Appeals to the County Board. If needed, the Zoning Board of Appeals shall review the preliminary PUD plan and grant or deny any exceptions or variances needed.
(2) The Zoning Board of Appeals shall set forth the reasons for the recommendation, and said recommendation shall set forth how the proposal would be in the public interest, including, but not limited to, findings of facts on the following:
(a) In what respects the proposed plan is consistent with the stated purpose of the planned unit development requirements;
(b) The extent to which the proposed plan meets the requirements and standards of the Planned Unit Development District;
(c) The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk and use, and the reasons why such departures are deemed to be in the public interest;
(d) The physical design of the proposed plan and the manner in which said design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light, air, recreation, and visual enjoyment;
(e) The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood;
(f) The desirability of the proposed plan to physical development, tax base, and economic well-being of the entire community;
(g) The conformity with the intent and spirit of the comprehensive plan; and
(h) Specific points noted on the plan that have impact on its design, function, and visibility in the community.
(3) (a) Following the receipt of the recommendation by the Zoning Board of Appeals and approval by the County Board, the Zoning Board of Appeals shall, within 60 days, recommend approval, modification within limits of a minor change, or disapproval of the planned unit development plan.
(4) All conditions, documents, and plans required by the Zoning Board of Appeals must be delineated on the plat or agreed to in writing prior to Zoning Board of Appeals approval.
(5) The Zoning Board of Appeals may require such special conditions as they may deem necessary to ensure conformance with the intent of all comprehensive plan elements, the stated purpose of the planned development district, and established county policies.
(6) Approval of a preliminary planned unit development plan shall not constitute approval of the final plan. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan which will be submitted for approval of the county. The final plan shall be approved as the final land use and zoning plan if it conforms substantially with the preliminary land use and zoning plan. (The final plan may be considered as a preliminary and final plan and may be submitted for preliminary and final approval, if all of the land is to be developed at one time, and if all requirements hereof are met.)
(C) Approval of final plan. The final planned unit development plan shall be submitted to the Administrative Officer who shall refer same to the Zoning Board of Appeals. The final PUD plan shall conform to the preliminary PUD plan as approved or subject to minor changes, and may be submitted in stages with each stage reflecting the approved preliminary plan; provided, however, that such stage conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
(1) A final planned unit development plan and other supporting data required for approval shall be in accord with the provisions of § 154.487(B). Final plans must be submitted for approval in accordance with agreed-to scheduling, but not later than five years from the approval of the preliminary plan by the Zoning Board of Appeals. The Zoning Board of Appeals may grant an extension in time or the developer may resubmit an application; in the event that same is not done, the Zoning Board of Appeals shall initiate such zoning changes as it deems necessary to preserve the public interest. If construction falls more than two years behind the schedule filed with the final plan, the plan becomes subject to revocation. The Administrative Officer shall monitor all pending PUD projects and inform the Zoning Board of Appeals of those six months or more behind schedule;
(2) The final plan and supporting data shall be submitted to the Zoning Board of Appeals for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan;
(3) After review of the final plan, the Zoning Board of Appeals shall submit the planned unit development plan to the County Board with a recommendation for approval, disapproval, or approval with minor modifications as reviewed at the public hearing. Any changes or modifications which arise subsequent to the public hearing shall be specifically noted and referred to the Administrative Officer who shall determine whether the change constitutes a major or minor change and whether another public hearing is required;
(4) The Zoning Board of Appeals shall, within 60 days, approve, disapprove, or extend the time period for another 60 days in taking action on the final plan; and
(5) All conditions, documents, and plans required by the Board must be delineated on the plan or agreed to in writing prior to Board approval.
(D) Recording the final planned unit development plan. The construction of any public improvement in the planned unit development shall be initiated only after recording of the final PUD plan has been recorded with the County Recorder, and shall be issued in full conformance with this chapter.
(E) Changes in the planned unit development. The planned unit development shall be developed according to the approved and recorded final plan, recorded approved plan, and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees, and assigns, and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein.
(1) Major changes.
(a) A change in the approved preliminary PUD plan or final PUD plan which alters the concept or intent of the planned unit development including a change in usage, the configuration, increase in floor area or the height of buildings, an increase in intensity, a reduction of proposed open space, a change in road locations or standards, a change in the final governing agreement, provisions, or covenants, or other major changes, shall be approved only by submission of a new preliminary PUD plan in accordance with the procedures as previously set forth for the approval of preliminary and final PUD plans.
(b) All approved major changes in the final PUD plan shall be recorded with the County Recorder as amendments to the final PUD plan.
(2) Minor changes. The Administrative Officer may approve minor changes in the planned unit development which do not change the concept or intent of the development, without going through the preliminary approval steps. Minor changes shall be any change not defined as a major change.
(Ord. passed 5-16-2023)
The planned unit development plans and supporting data shall include at least the following information:
(A) Application stage.
(1) General site information. Data regarding site conditions and characteristics, available community facilities and utilities, existing covenants, and other related information; and
(2) Sketch plan. A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, lots, and other features.
(B) Preliminary plan stage.
(1) Design plan. A drawing of the planned unit development shall be prepared at a scale of either one inch equals 100 feet or one inch equals 50 feet, or such other scale that may be recommended by the Administrative Officer. Any change in scale between the preliminary and final plan shall be accompanied by a signed statement from the developer attesting that there have been no modifications. All plans shall show the general location of proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings, and shall include:
(a) Boundary lines. Bearing and distances;
(b) Easements. General location, width, and purpose;
(c) Public and private streets on and adjacent to the tract. Street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, distance to nearest intersection, and the like;
(d) Utilities (public or private) on and adjacent to the tract. Location, size, and invert elevations of sanitary, storm, and combined sewers; location and size of water mains; and location of gas lines, fire hydrants, electric and telephone lines, and street lights on the tract. The direction and distance to the nearest usable water mains and sewers anticipated to be utilized by the development and elevations of sewers. Drainage district boundaries and appropriate design criteria necessary for storm drainage plans;
(e) Existing ground elevations on the tract. For land that slopes less than 0.5%, show one-foot contours; show spot elevations at all breaks in grades along all drainage channels or swales and at selected points not more than 100 feet apart in all directions; and for land that slopes more than 0.5% show two-foot contours;
(f) Subsurface conditions on the tract, if required by the Zoning Board of Appeals. Location and results of tests made to generally ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater unless test pits are dry at a depth of five feet; the location and results of soil percolation tests if individual sewage disposal systems are proposed;
(g) Other conditions are on the tract. Watercourses, floodplains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, accessory buildings, and other significant features;
(h) Other conditions on adjacent land. Approximate direction and gradient of ground slopes, including any embankments or retaining walls; character and general location of buildings, including a notation on the front setback, railroads, power lines, towers, and other nearby non-residential land uses or adverse influences; owners of adjacent unplanted land; for adjacent platted land, refer to subdivision plan by name and show approximate percent built up; and typical lot size and dwelling type;
(i) Zoning. Zoning on and adjacent to the tract;
(j) Proposed public improvements. Highways or other major improvements planned by public authorities for future construction on or near the tract;
(k) Open space. All parcels of land intended to be dedicated for public use of all property owners with the purpose indicated;
(l) Location. General location, purpose, and height, in feet or stories of each building other than single-family residences on individually-platted lots;
(m) Map data. Name of development, north point and scale, date of preparation, acreage of site, and name and address of developer, designer, and engineer; and
(n) Miscellaneous. Such additional information as may be required by the Zoning Board of Appeals or found in Chapter 153 of this code of ordinances.
(2) Character. Explanation of the character of the planned unit development and the reasons why it has been planned to take advantage of the flexibility of these regulations;
(3) Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the County Recorder;
(4) Schedule. Development schedule indicating:
(a) Stages in which the project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage shall be shown on the plan and through supporting graphic material;
(b) Completion date or dates of new construction for above and below ground facilities, utilities, and buffer planting. See also 13(a) of this section; and
(c) If different land use types are to be included within the planned unit development, the schedule must normally include the mix of uses to be built in each stage.
(5) Covenants. Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space;
(6) Density. Provide information on the density of residential uses and the number of dwelling units by type;
(7) Use. Provide a list of uses planned for the ancillary and non-residential uses;
(8) Service facilities. Provide information on all service facilities and off-street parking facilities;
(9) Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size, and type of dwelling units; and
(10) Facilities plans (public and/or private). Preliminary plans for:
(a) Roads, including classification, width of right-of-way, width of pavement, typical construction details, and plan and profile drawings;
(b) Sanitary sewers;
(c) Storm drainage and erosion;
(d) Water supply system, if required by the Zoning Board of Appeals;
(e) Lighting program, if required by the Zoning Board of Appeals; and
(f) Grading.
(C) Final plan stage.
(1) Final detailed plan. A final land use and zoning plan shall be prepared. The purpose of the land use and zoning plan is to designate the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The final land use and zoning plan shall include, but not be limited to:
(a) An accurate legal metes and bounds description of the entire area under immediate development within the planned development;
(b) A subdivision plan of all subdivided lands in the same form and meeting all the requirements of a normal subdivision final plan;
(c) An accurate legal metes and bounds description of each separate unsubdivided use area, including common open space;
(d) Designation of the exact location of all buildings to be constructed in unsubdivided areas;
(e) Tabulations on separate subdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre; and
(f) Architectural plans unless waived by the Zoning Board of Appeals during the preliminary stage.
(2) Common open space documents. All common open space shall be either conveyed to a municipal or public corporation, conveyed to a non-profit corporation or entity established for the purpose of benefitting the owners and residents of the planned unit development, or retained by the developer with legally binding guarantees, in a form approved by the County Attorney, that the common open space will be permanently preserved and maintained as open area. All land conveyed to a non-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space;
(3) Engineering data. All public utilities or improvements required by the county in the development of a planned unit development shall be constructed only after the approval of the final plan. Supporting data to be submitted with the final plans shall include final engineering drawings (construction plans), as required by the Zoning Board of Appeals;
(4) Guarantee deposit. Prior to the acceptance by the Zoning Board of Appeals of public utilities and improvements, the contractor(s) for the owner of the land shall furnish to the county a good and sufficient bond with surety to secure to the county the actual construction and installation of such public utilities or improvements according to the county specifications within two years from the date of approval by the County Board of the final plan or a petition to the Zoning Board of Appeals to provide the required public facilities or improvements, and to assess the cost thereof against the subdivided property in accordance with the local requirements regarding special assessments; provided, however, that the subdivider or property owners shall be responsible for any differences between the cost of the public utilities or improvements and the amount that can be legally assessed by the county against the subdivided property, and shall furnish the necessary waivers to permit the assessment of the entire costs of the public utilities or improvements. A maintenance bond shall be provided for the repairs necessitated by defects in material or workmanship not to exceed four years from the date of completion as certified by the County Board;
(5) Certificated, seals, signatures. Certificates, seals, and signatures required for the dedication of lands and recording document, as set forth in the subdivision regulations; and
(6) Covenants. Final agreements, provisions, or covenants which will provide for the use, maintenance, and continued protection of the planned unit development, if applicable.
(Ord. passed 5-16-2023)
The planned unit development must meet the following standards:
(A) Comprehensive plan. A planned unit development must conform with the intent and spirit of the comprehensive plan;
(B) Size. The site of the total planned unit development must be under single ownership and/or unified control and be not less than 60,000 square feet in area;
(C) Compatibility. The uses permitted in a planned unit development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties;
(D) Space. Space between buildings shall be subject to approval during the review process;
(E) Yards.
(1) The required yards along the periphery of the project should be at least equal in width or depth to that of the adjacent zoning district; and
(2) All other yards shall be subject to approval during the review process.
(F) Parking requirements. Adequate, adjacent parking shall be provided based on design and use;
(G) Traffic. Adequate provisions be made to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The Zoning Board of Appeals or Board may require a professional traffic engineer to investigate and submit a traffic study; and
(H) Other standards. The planned unit development may depart from strict conformance with the required density, dimension, area, height, bulk, use, and other regulations for the standard zoning districts and other provisions of this chapter to the extent specified in the preliminary land use and zoning plan and documents authorizing the planned unit development so long as the planned unit development project will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. All new construction shall conform to Board specifications and regulations.
(Ord. passed 5-16-2023)
Prior to the granting of any planned unit development, the Zoning Board of Appeals may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, and other elements of planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and to secure compliance with the standards specified in § 154.488. In all cases in which planned unit developments are granted, the Zoning Board of Appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
(Ord. passed 5-16-2023)
RCO RIVERFRONT CORRIDOR OVERLAY DISTRICT
(A) The intent of the Riverfront Corridor Overlay District (RCO) is:
(1) To recognize, preserve, maintain, and promote economically viable uses that are a benefit to the county;
(2) To maximize public benefit for further development of the riverfront area;
(3) To provide for improved scenic and aesthetic controls;
(4) To recognize the riverfront area as a visual, environmental, and recreational resource that affects and benefits the county as a whole;
(5) To protect adjacent properties from the negative effects of incompatible development; and
(6) To establish a physically attractive pattern of development for the general welfare of the county.
(B) The RCO extends along the Mississippi River and Rock River in the corporate limits of the county. The exact boundary of the RCO is delineated on the official county zoning map. The Riverfront Corridor Overlay District regulations, supplement, and control (where inconsistent) the regulations of underlying district(s). All other applicable provisions and standards of this chapter and other pertinent ordinances shall remain in effect.
(Ord. passed 5-16-2023)
The following are applicable regulations in the RCO District: All requirements of the underlying zoning district(s) concerning site planning, building height, lot area, and yard depths shall remain applicable except where modified by the following sections.
(Ord. passed 5-16-2023)
Loading...