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Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is non-conforming only in the particular manner herein specified, the building and use thereof shall be exempt from the requirements of §§ 159.143 and 159.144 of this chapter. This section does not nullify the requirements of § 159.145, where a nonconforming building or structure is damaged or destroyed.
(A) In any residential district where a dwelling is non-conforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein;
(B) In any residential district where a use permitted in the B-1 District occupies ground floor space within a multiple family dwelling located on a corner lot;
(C) In any business or manufacturing district, where the use is less distant from a residence district than that specified in the regulations for the district in which it is located; and
(D) In any district where an established building, structure, or use is non-conforming with respect to the standards prescribed herein for any of the following:
(1) Floor area ratio (FAR);
(2) Lot area per dwelling unit;
(3) Yards, front, side, rear, or transitional;
(4) Off-street parking and loading;
(5) Lot area;
(6) Building height; and
(7) Gross floor area.
PLANNED UNIT DEVELOPMENT
(A) Definition. A Planned Unit Development is defined as an area of land developed as a "special use" and as a single entity for a number of land uses including, but not limited to; residential, commercial, institutional, research and, industrial.
(B) Intent and purpose. The purpose of the Planned Unit Development regulations are to encourage and promote a more creative, imaginative and an environmentally sensitive design for the development of land by allowing a greater freedom and/or flexibility than is possible under the precise and rigid requirements of conventional zoning ordinances. The Planned Unit Development is therefore accomplished through the use of objective standards which shall establish goals and criteria for judgment rather than the application of a fixed formula. To this intent it shall allow for the diversification in the land uses permitted and variations to the relationships of land uses, structures, open spaces, and heights of structures in particular developments that are understood to be conceived and implemented as a comprehensive and cohesive unified project, while still requiring substantial compliance to the master plan for community development. It is further intended to encourage more imaginative site planning; contributing to a more rational and economic relationship to public services, while permitting optimum development of the land; and, whereas it shall encourage and facilitate the conservation of open lands, natural site features such as: woods, streams, wetlands, floodplains and the like as an integral component of a balanced ecology between nature and the development, which will provide for exceptional urban amenities and higher quality developments.
(C) Permitted location. A Planned Unit Development shall be considered as a special use in any residential, business, office, industrial or manufacturing zoning district.
(D) Permitted uses. In a Planned Unit Development, the following uses may be permitted subject to the criteria as established, provided, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
(1) Residential dwelling units in detached, semi-detached, attached, multi-storied structures, or any combination thereof;
(2) Non-residential uses as follows:
(a) Religious, cultural, recreational and educational uses;
(b) Business uses permitted in the "B-3" Highway/Regional Shopping District;
(c) Manufacturing/Industrial use permitted in the "M-R" Manufacturing/Research District;
(d) Business Parks as permitted in the "PB" Planned Business District; and
(e) Utility and municipal uses.
(E) Special uses. The Planned Unit Development is in itself a special use, where the following uses may be allowed by a "special use permit" in accordance with the provisions of § 159.176 of this chapter, and provided the uses are located on a lot of not less than ten acres with a minimum width of 400 feet and a minimum depth of 400 feet. If a special use permit is granted and portions of the property are sold reducing the lot size to less than four acres or reducing the width or depth of the property to less than 400 feet the special use permit will be deemed to have been revoked concurrent to that action.
(1) Special uses as listed in any residential district;
(2) Special uses as listed in the B-3 Highway/Regional Shopping District; and
(3) Special uses as listed in the M-R Manufacturing/Research District.
(F) Temporary uses. Upon application to and issuance by the Zoning Administrator of a permit thereof, the following use may be operated as a temporary use: processing, screening, washing yards and plants of the quasi-temporary nature connected with the construction of roads which are normally removed when a specific purpose is completed, are permitted under this classification after a permit is obtained from the Building Inspector. This permit shall be effective for a period not to exceed six continuous months and shall not be renewed for more than one successive period at the same location.
(G) Accessory uses. Accessory uses may include the following:
(1) Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted or special use may be permitted, provided they are operated and maintained under the same ownership and on the same parcel, do not include structures or structural features inconsistent with the permitted or special use, and as regulated by §§ 159.020 and 159.003 under "Accessory Building or Use".
(2) Accessory uses may include the following:
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0508, passed 2-21-07)
In the development of a Planned Unit Development certain standards must be adhered to when designing the "General and Final Development Plans". Those standards are as follows:
(A) As a basis for determining the acceptability of a Planned Unit Development proposal, specific consideration shall be given as to whether or not it is consistent with the "Definition" and the "Intent and Purpose" of this section. That it has been prepared with competent professional advice and guidance in terms of planning, architecture and engineering and that it produces significant benefits in terms of improved environmental design;
(B) Specific lot size, density, open space, building location, height, size, floor area, building setbacks, parking, and other such requirements shall be based upon determination as to their appropriateness to the land uses and/or structures as they relate to the total environmental concept of the Planned Unit Development, and that they are consistent with the criteria set forth in this section and with those generally accepted as standards necessary to insure the protection of the general public health, safety and welfare. Such requirements shall be made a part of the approved "Final Development Plan" and shall be, along with the plan itself, be construed and enforced as a part of this chapter; and
(C) Engineering and subdivision design standards relative to street type, location and width, sidewalks, street lighting, infrastructure improvements, lot arrangement and other elements of site design shall be based upon the submission of detailed engineering drawings with standards showing the effectiveness of each element as it relates to the total plan. It is necessary for the plans to be consistent and compatibility with the existing land use patterns in the areas peripheral to the development. In no case shall minimal construction standards be less than those necessary to protect the general public health, safety and welfare. To this intent the specific provisions of the "Development Regulations, Chapter 158”. Precise standards proposed for the development shall be made a part of the approved "Final Development Plan" and shall be construed to be and enforced as part of this chapter.
(D) The following objectives shall be obtained through the use of the Planned Unit Development policies and procedures:
(1) To permit a maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of this and other village regulations pertaining to land development;
(2) To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities;
(3) To combine and coordinate architectural styles, building forms, and building relationships with a possible mixing of different urban uses in an innovative design;
(4) To encourage a pattern of development to preserve natural vegetation, topographic and geological features, and environmentally appropriate features;
(5) To provide for the prevention and control of soil erosion, surface flooding, and the preservation of subsurface water;
(6) To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development;
(7) To provide for more usable and suitably located recreation facilities, schools, and other public and private facilities;
(8) To promote the more efficient use of the land, resulting in more economically feasible networks of utilities, streets, and other facilities;
(9) To encourage a land use which promotes the public health, safety, comfort, morals, and welfare;
(10) To create a method for the permanent preservation of architectural and historic landmarks.
(E) The Planned Unit Development is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit. The Planned Unit Development should provide amenities not otherwise required by law, and often establishes facilities and open space greater than the minimums required by law;
(F) The Planned Unit Development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership lots, separate condominium ownership of structures, and/or other ownership methods that are considered appropriate for the subdivision of property. Also the development shall provide a plat of subdivision, which shall establish the location and extent of the features that will be incorporated into the Planned Unit Development.
(Am. Ord. 06-0369, passed 2-1-06)
(A) Single Family. Single Family dwelling units shall comply with the requirements of § 159.061 E-R, Estate Residential; § 159.062 R-1, Single Family Residential; § 159.063 R-2, Single Family Residential; § 159.064 R-3, Single Family Residential; § 159.065 R-4, Single Family Residential; § 159.066 R-5 Single Family Residential Districts of this chapter.
(B) Townhouses and attached residential. Townhouses and attached residential dwelling units shall comply with the requirements of § 159.067 R-6, Attached Residential District of this chapter.
(C) Multiple family. Multiple family dwelling units shall comply with the requirements of § 159.068 R-7, Multiple Family District of this chapter.
(F) Accessory buildings/structures. Accessory buildings or structures shall comply with the requirements of § 159.020 of this chapter.
(G) Height of buildings. The height of any building or structure to be erected or structurally altered shall not exceed 3-1/2 stories, nor 50 feet in height. Where additional building height is being considered, the setback or the required yard shall be increased by 1/2 foot for each foot of building height in excess of 50 feet.
(H) Land coverage and minimum lot size.
(1) Maximum land coverage. The maximum ground area that may be occupied by all of the buildings and structures shall not exceed 30% of the total ground area of the Planned Unit Development.
(2) Single Family Residential lot size. Single Family dwellings shall be located on individual lots whose area and dimensions are not less than 80% of the minimum lot area and dimensions required by the underlying zoning district(s).
(3) Townhouses and attached residential lot size. Townhouses and attached residential shall be located on tracts containing not less than the minimum required by § 159.067 R-6 district lot area requirements, exclusive of any area intended for public use. Such tracts shall contain no other uses except accessory buildings and automobile parking that are accessory to the dwelling units located thereon.
(4) Multiple family residential lot size. Multi-family dwellings, except townhomes, shall be located on tracts containing not less than the minimum area required by § 159.068 R-7, Multiple Family Residential, exclusive of any area intended for public use. Such tracts shall contain no other uses except accessory buildings and automobile parking that are accessory to the dwelling units located thereon. For multi-family dwelling buildings exceeding two stories in height, the required land area may be reduced by an amount equal to 50% of the floor area of all stories used for dwelling units above the first two stories.
(I) Setback requirements.
(1) Setbacks - Single Family Residential. In single family residential districts (E-R, R-1, R-2, R-3, R-4 and R-5) the same setbacks shall apply. In no case shall a building be closer to any other building than be the minimum required in the district or 1/2 the height of the building, whichever is greater. No buildings shall be located closer to the rights-of-way or property lines than 25 feet or 1/2 the height of the building whichever is greater.
(2) Setbacks - Multiple Family Residential. In multiple family residential districts (R-6 and R-7) the same setbacks shall apply. In no case shall a building be closer to any other building than be the minimum required in the district or 1/2 the height of the building, whichever is greater. No buildings shall be located closer to the rights-of-way or property lines than 25 feet or 1/2 the height of the building whichever is greater.
(3) Setbacks - Commercial/retail/ business. Yard areas and setback distances for commercial/retail/business buildings and for buildings in the PB District shall be as required in the respective districts. No building shall be located closer to an adjoining property line than the distance which would be required for a building in the adjoining district, or less than 1/2 the height of the building, whichever is greater. No building shall be located closer to the right-of-way line of the street than 25 feet nor less than 1/2 the height of the building, whichever is greater.
(J) Intensity and character of land use. In a Planned Unit Development, the suitability of the type and character of uses proposed and their intensity and arrangement on the site shall be based upon the following standards:
(1) Compatibility. Compatibility to the physical nature of the site, with particular concern for conservation of natural features (i.e. tree growth, streams, wetlands, geological features, natural resources, and the like); attention to the suitability of the soils for the uses proposed development; preservation of open space; and for the careful shaping of terrain to minimize scarring, insure suitable drainage; and for the preservation of natural terrain wherever appropriate.
(2) Attractiveness. Achievement of an attractive environment appropriate to the uses proposed, compatibility with existing development in the surrounding area and with official development plans for the area, with particular concern for preservation of ecological and economic balance.
(3) Local services impact. Capacity to be effectively serviced without creating a demand on schools, sanitary sewer, water and storm water management, recreational areas, streets and highways, or other public services substantially in conflict with that anticipated by the appropriate jurisdictional plans for such services or which could not be provided without adverse effect upon the jurisdictional area involved.
(4) Local demands. Adequate provisions for the practical functioning of the development in terms of circulation, parking, emergency services, mail and delivery service, street maintenance, and utility service.
(5) Public uses. Adequate provisions for appropriate sites for schools, parks, streets and highways, and other public facilities serving the proposed development.
(K) Common open space, park or other amenities. In a Planned Unit Development the provision for common open space, park land, or other amenity area serving the recreational aesthetic needs of the people in the development may be required as a condition to granting the exceptions to the normal requirements for development under ordinary zoning standards. Such requirements shall be based upon appropriate relationship to the character of the development, the need created for such area by the development, and the suitability or potential area for such use.
(1) Landscaping/naturalistic grounds. Such areas shall include landscaping or naturalistic grounds, water bodies, or specific recreational activity facilities, within the Planned Unit Development boundaries. These shall be of such size, shape, character and location as makes them practical recreational amenities, readily accessible and available for use by all of the residents of the development and/or by the general public. They shall be developed so that they are a contribution to the environmental quality of the development. Such space may not be used for parking, service or maintenance facilities, except as required for maintenance of the common open space. Within these areas common recreational buildings or structures of a non-commercial nature may be provided as noted hereinafter.
(2) Permanent open space. Adequate provisions shall be made for the establishment of permanent preservation and maintenance of such common open space, park land or amenity areas either by private reservation of dedication to the public:
(a) Dedication shall not be mandatory, but where public ownership is desired by the village, reservation for such purposes may be required by the village;
(b) In the case of private open space reservation, the open space to be reserved shall be protected against building development by conveying to the village as part of the conditions for project approval an open space easement over such areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational, cultural or other purpose compatible with the open space objective may be permitted only where specifically authorized as part of the final development plan of subsequent amendments with the expressed approval of the village Planning and Zoning Commission following approval of building, site, and operational plans;
(c) The care and maintenance of private open space reservations shall be assured by the establishment of appropriate management organization for the project. The manner in which to assure the maintenance and assessment of such cost to individual properties shall be determined prior to the approval of the final development plans and shall be included in the conditions of approval and in the title to each property;
(d) Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the village and made a part of the conditions of the final development plan approval;
(e) Any areas of open space, such dedicated for passive actives shall be developed with a walking, jogging and/or biking pathway with a minimum width of eight feet and construction with a minimum base course prescribed by the Recreation Department.
(f) Any individual parcel of land dedicated for use as a public park shall have an area of not less than one acre (43,560 square feet), and a minimum frontage of not less than 150 feet across. The boundary of a public park shall not be less than 50 feet from any residential building.
(L) Additional land uses.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0508, passed 2-21-07)
(A) Pre-application meeting procedures: Prior to the official submittal of an application for consideration of a planned unit development, the applicant can request a meeting with the Planning and Zoning Commission for a conceptual discussion as to the scope and the nature of the proposed development. After this meeting the applicant shall submit to the village the following information:
(1) General site information. General site data regarding existing site conditions, land characteristics, available community facilities, utilities, existing covenants, and other related information;
(2) Sketch plan. A sketch plan showing the proposed location and extent of the land uses, streets, lots, proposed master utility plan (i.e. water, sanitary, storm) and other features;
(3) Legal description. Legal description and land survey of the site proposed for the development; and
(4) Additional information. Additional information may be requested by the Planning and Zoning Commission so as to clarify various aspects of the proposed planned unit development. This additional data might include, but is not limited to, traffic, tax, and market analysis of the development, pertinent environmental information, and conceptual renderings of structures with the development.
(B) Application procedures: The subsequent procedures shall be followed when making application for a Planned Unit Development:
(1) Special use permit. A planned unit development shall be granted as a special use in accord with the procedures and standards of § 159.176, special uses of this chapter. Prior to the consideration of the planned unit development by the Village President and Board of Trustees, all hearings and recommendations as are required by this chapter shall be executed exclusively by the Planning and Zoning Commission;
(2) Application form. Application shall be made on forms provided by the village and shall be accompanied by the required plats and documents. Each step shall be reviewed and certified by the Planning and Zoning Commission as being in accordance with the planned unit development requirements; and
(3) Application fees. A non-refundable fee shall be levied at the time of application, in accordance with § 159.178 of this chapter. This fee is in addition to any and all other fees as may be required. Moreover, the applicant shall be responsible for any engineering, consulting, transcript, and other review costs as may be incurred by the village in the review of any and all plans.
(Am. Ord. 06-0369, passed 2-1-06)
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