(A) Intent and purpose. The UD District is intended as a zoning designation applied to a large individual parcels held under single ownership or leasehold and which includes a college or university and related ancillary uses. The UD classification is further designed to allow and encourage the flexible, yet orderly development of such an area by emphasizing regulations which buffer and limit the cross-effects of District and adjacent land uses. This is intended to be achieved by imposing a maximum degree of regulations to only those District uses adjacent to public rights-of-way and those along and within the perimeter of the District. Reference to "maximum degree of regulations" is not intended to override the specific provisions of the UD District, but simply to point out the existence of specific restrictions elsewhere in this section.
(B) Permitted uses.
(1) All the uses listed or allowed as either permitted or special uses or accessory uses under the A-1, P-1, B-1, B-2, B-3, M-R and all residential zoning districts be shall be permitted uses in the UD District, except personal communications facilities which shall be a Special use in the UD District and in accordance with § 159.042(N) and 159.176 unless the personal communication facility is located on village-owned property and in which case it shall be a permitted use.
(2) Public or private garbage incinerators receiving or processing refuse generated within the boundaries of the district;
(3) Roadside stands 600 square feet or less in size used for the display and sale of any agricultural product, except live animals and located only on lots which include an agricultural use;
(4) Lot areas and lot widths for public utility or governmental uses shall be as required by this section and not as recommended by the Planning and Zoning Commission and Village Board, respectively;
(5) Bars, taverns, cocktail lounges and package liquor stores when operated as an ancillary use to restaurants, hotels, motels, clubs and events sanctioned or sponsored by a governmental or educational jurisdiction;
(6) The construction and operation of airport runways, but only for the ground movement or transportation of aircraft;
(7) Mobile home parks related to or utilized by a college or university;
(8) Uses designed to store or house aircraft;
(9) Uses designed for the servicing, fueling and maintenance of aircraft;
(10) Uses not explicitly enumerated in this section as permitted, but are closely similar thereto provided those uses are not explicitly listed as prohibited uses, not withstanding § 159.026, uses not specifically permitted by this chapter;
(11) Public and community service and utility uses;
(12) Weather service stations and/or facilities; and
(13) Churches and church-schools, and other places of worship.
(C) Prohibited uses.
(1) Public or private incinerators receiving or processing refuse generated outside the boundaries of the district;
(2) Roadside agricultural product display and sale stands larger than 600 square feet in size, stands not located on a lot which includes an agricultural use or stands displaying for sale live animals;
(3) Automobile racetracks, speedways and raceways;
(4) Mining or extraction of minerals, sand, gravel, topsoil or other aggregates, including equipment, buildings or structures for screening, crushing, mixing, washing, or storage except that this shall not prohibit earthwork related to site development;
(5) Bars, taverns, cocktail lounges and package liquor stores which are not an ancillary use to restaurants, hotels, motels, clubs and events sanctioned or sponsored by a governmental or educational jurisdiction;
(6) Construction and operation of airport runways, but only for the ground movement or transportation of aircraft;
(7) Railroad classification yards, freight terminals or maintenance yards or facilities;
(8) Mobile home parks not related to or utilized by a college or university;
(9) Cement block manufacture;
(10) Ready mix concrete and asphalt plants;
(11) Vehicle storage pounds or facilities;
(12) Drive-in theaters;
(13) Airports;
(14) Any use listed under the M-1 classification as a permitted use but which is not allowed under the M-R District, in which is otherwise listed as a prohibited uses under the M-R District, except as otherwise provided at division (B)(10) herein;
(15) Junk yards and vehicle wrecking yards;
(16) Stone and gravel quarries, including crushing, grading, washing and loading equipment and structures;
(17) Sanitary landfill;
(18) Slaughtering of livestock, poultry and the like;
(19) Any uses listed under the M-1, M-2, AD-1 or AD-2 classifications, except as provided by division (B)(10), herein;
(20) Uses not explicitly enumerated in this section as permitted, but are closely similar thereto provided those uses are not explicitly listed as prohibited uses, not withstanding § 159.026, uses not specifically permitted by this chapter;
(D) Site and structural requirements.
(1) Minimum site. Minimum site requirements in a U-D District shall be that of 30 acres;
(2) Individual Lots. Individual lot size and dimensions are not required;
(3) Setback requirements:
(a) Any structure on the parcel which is adjacent to, abuts or fronts a public street shall be setback 50 feet from the property line adjacent or parallel to that street. In addition, all structures within the District shall be setback from any other structure half the distance of its longest side and in accordance with any Building or Fire Code requirements, whichever is greater;
(b) The minimum transitional yard requirements for all structures within the U-D District shall be not less than the following:
1. Where a side lot line coincides with a side or rear lot line in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be twice the dimension of the minimum side or rear yard required for the residential district;
2. Where a rear lot line coincides with a side or rear lot line in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be twice the dimension of the minimum side or rear yard required for the residential district;
3. Where a rear lot line coincides with a rear lot line in an adjacent residential district, a yard shall be provided along such a rear lot line. Such yard shall be not less than 40 feet in depth.
(4) Lot coverage. Lot coverage is not applicable.
(5) Floor area ratio (FAR). The FAR is not applicable.
(6) Building height.
(a) No building or structure except utility towers or airport related uses shall exceed a height of 40 feet or as allowed or required by applicable FAA regulations, whichever is more restrictive;
(b) Utility towers shall be no higher than that required or allowed by applicable FAA regulations.
(E) Special provisions.
(1) All business, servicing, processing and the like shall be conducted and take place within completely enclosed building except roadside agricultural product sales and display stands and off-street parking and loading;
(2) For the purposes of this section, more than one principal building shall be allowed on one lot;
(5) Performance and development standards. As required or allowed by Chapter 158 in its entirety, §§ 159.022 through 159.027 Performance Standards and all applicable Fire, Building, Construction, Electrical and Plumbing codes as adopted by the village.
(6) Landscaping. Any area on any individual lot within the UD District not used for construction or vehicular purposes shall be adequately and attractively landscaped in accordance with plans prepared and submitted by the lot occupant. The landscape design may incorporate native plant materials and existing site amenities or new forms and vistas may be introduced by the use of plant materials, earth sculptures and/or structures. Said plans will require review by the Village Staff, recommend- ation by the Planning and Zoning Commission and approval from the Village Board of Trustees. The basis for this review shall be a comparison of said plans to conformance with the spirit and intent of the regulations listed herein. Placement of all landscaping shall be made in accordance with the provisions of this section and traditional landscaping techniques.
(a) All building permit applications requested for new construction in the U-D District must have a previously approved landscape plan by the Village Planner, Planning and Zoning Commission and Village Board of Trustees;
(b) The landscaping plan must show all areas which will contain grass, ground cover, location of all trees, shrubbery, and other growth proposed. All areas designated for landscaping must be completed as soon as possible after the completion of the building, and no later than six months from the date of the occupancy permit;
(c) Landscaping or planting will not be delayed for a period in excess of one year after the completion of any building;
(d) Certificates of occupancy may not be issued prior to the time the landscaping requirements are completed. If so issued, certificates of occupancy shall then state: “Landscaping not approved, approval required within six months of the date of this certificate;”
(e) Minor revisions from the landscaping plan may be made without obtaining prior approval. Amounts and location of land set aside for landscaping may not be reduced;
(f) The exterior storage of materials and inventory, where permitted by the Planning and Zoning Commission, shall be effectively screened from view from any district boundary line and right-of-way. Landscaping may consist of live or decorative plantings, or fencing, and must be approved by the Planning and Zoning Commission; and
(g) Where the U-D District abuts or is across the street from a residential district, adequate landscape screening shall be provided, as determined by the Village Planner, recommended by the Planning and Zoning Commission and approved by the Village Board of Trustees.
(a) Access is limited to not more than two combined ingress/egress points;
(b) Minimum width to be 40 feet at property line. Maximum width to be 75 feet at property line, or as may be approved by the Planning and Zoning Commission;
(c) Location to be approved by the Village Engineer, Village Planner and/or as directed by the village;
(d) Details of design and construction shall meet all village requirements; and
(e) Entrance curbs and storm drainage provisions shall be required on all street frontages, and shall meet with the approval of the Village Engineer and the standard specifications of the village.
(8) Outdoor Storage. Outdoor storage related to buildings or uses adjacent to or abutting any public street shall be subject to § 159.080(I) and the following:
(a) All outdoor storage facilities for the building and accessory uses and products shall be enclosed by an architecturally pleasing fence, wall, or planting materials adequate to conceal the facilities from adjacent properties and the public street right-of-way; and,
(b) Outdoor storage shall be included and shown within the required landscape plan.
(10) Inconsistent regulations. In the event of inconsistencies between the regulations of this District and other codes of the village, the regulations of this district shall apply.
(11) Land use change.
(a) Upon the discontinuance of any "permitted or special use" the new use must make application to the Village to have said site and landscape plans reviewed by the Village Staff, Planning and Zoning Commission and Village President and Board of Trustees; and
(b) Documentation regarding Use and bulk, lot coverage, street access, parking requirements, accessory uses and landscaping all need to be submitted to the village for review and approval by the Village Planner, Planning and Zoning Commission and Village President and Board of Trustees.
(Am. Ord. 06-0369, passed 2-1- 06; Am. Ord. 07-0508, passed 2- 21-07; Am. Ord. 18-1482, passed 5-16-18)