The development and execution of the Zoning
Code is based upon the premise of the division of land into zones;
so that, within any one zone the uses of land, the bulk and location
of buildings or structures, as related to the land are essential,
uniform, and compatible. This then, is the basis for insuring normal
growth. It must be recognized, however, that there are special situations;
because of the unique characteristics of some uses, they cannot properly
be classified in any one zone as an allowable use, but can only be
established under regulations. The granting of any special use permit
may have to be conditioned upon the developer's meeting special requirements
which the Village and Zoning Board find necessary to the maintenance
or the compatibility and the orderly growth of the area in which the
special uses are proposed.
There are essentially four types of special
use permits provided for in this Code.
(A)
Special uses enumerated by zones. Contained within
the Schedule of Zone Regulations Part I, is a list of special uses
which are normally associated with various zones. The Board may grant
a special permit for any special use shown for the zone on the Schedule
of Zone Regulations.[1] The granting of all special uses must, however, follow the procedural regulations as provided in Article II, Section 40-2-10 through 40-2-17 of this Code.
[1]
Editor's Note: The Schedule of Zone Regulations is included at the end of this chapter.
(B)
Additional special uses. A second type of special use where a new or unusual use, not covered within the Schedule of Zone Regulations may be granted after holding a hearing as prescribed in Article II, Section 40-2-12, provided that:
(1)
Because of the characteristics of the use, it
is desirable that the use be located in this zone.
(2)
That the use can be operated or developed in
such a manner that it will not adversely affect surrounding land uses.
(3)
The character is unique to the extent that it
cannot be classified as a permitted use in any zone.
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Such special uses shall only be permitted after
the Commission submits to the Board in writing a report explaining
why the proposed use meets the above criteria and recommend under
what conditions the special use shall be permitted.
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(C)
Special parking lot permit. Where an established use
or group of uses are enlarged or experience an increased demand for
parking which exceeds that which could be provided on the same lot
or lots on which such establishments are located; then the Village
may permit, after a hearing, a special parking permit, which the Board
believes will not adversely affect surrounding land uses, but only
as provided for herein:
(1)
The Village has received a request for such
an off-street parking permit and contained with the request is a map
or plat with information shown on that map or plat explaining how
the following requirements will be met.
(2)
In all residential areas the minimum front yard
setback as prescribed by that zone shall be maintained as stipulated
on the special use permit, and no parking shall be allowed in this
yard area.
(D)
Temporary uses. A temporary use permit may be granted for a specific
length of time for restricted uses, such as landfills, gravel operations,
forestry activities, special events such as centennials, fairs, carnivals
and revival meetings provided that the Board finds:
[Amended 1-28-2013 by Ord. No. 13-01]
(1)
The use will not have a detrimental effect on surrounding land
use.
(2)
That a plat is submitted with the permit showing the placement
of temporary structures, parking utilities, and necessary sanitary
facilities, (as required by the Health Department) and provided that
no construction is done other than that associated with the temporary
use.
(3)
That if the natural landscape, vegetation, terrain, soil cover,
or drainage is disrupted, plans will be submitted to the Commission
and the developer will be responsible for improvements necessary to
restore the property to its original condition.
(4)
That the lot where the proposed temporary use is to apply must
be owned by a homeowner who also owns an adjacent property to the
lot in question.
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The Board reserves the right to repeal any special
permit where it finds the use being conducted in such a manner that
it violates the general requirements of this Code, or the special
requirements provided for in the issuance of the permit.
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The planned unit development procedure is a
concept which encourages improved and imaginative design in the development
of land by providing relief from rigid zone requirements which are
designed for conventional development but which may cause undue hardship
or complication for desirable but unconventional development while
maintaining the original intent of the Code.
In addition to the general purpose of this Code (Article I), the purpose of this article is to establish standards and procedures for planned unit development in order that the following objectives may be obtained:
(A)
Environmental design in the development of land that
would be better than is possible through the strict application of
ordinance requirements.
(B)
Diversification in the uses permitted and variation
in the relationship of uses, structures, open spaces, and heights
of structures in developments conceived as cohesive projects.
(C)
Provision for functional, aesthetic and beneficial
use of open areas.
(D)
Preservation of natural features of the site.
(E)
Provision for a safe and desirable living environment
for residential areas characterized by unified building and site development
program.
(F)
Rational and economic development in relation to public
services.
(G)
Creation of a variety of housing types, within compatible
neighborhood arrangements, to provide a greater choice of types of
environment and living units.
These regulations are established for residential
development plans characterized by a unified building and site development
program, and providing adequate public open space for recreation and
other community purposes. Such developments and open spaces shall
be integrated in the total design of the subdivisional lot layout
and street system.
Approval of the planned unit development zoning
options shall only be granted, providing that:
(A)
The tract of land in question contains more than five
acres.
(B)
The layout design, including consideration of safety,
convenience, or overall environmental quality be an improvement over
what would normally be allowed by a strict application of the zone
requirements of this Code.
(C)
The plan makes provisions for, or promotes the aims
of the Official Comprehensive Plan of the Village. The plan will not
adversely affect adjacent property, or interfere with the development
of adjacent properties; and to this end the Commission may require,
in absence of an appropriate physical barrier, that compatible uses
or a buffer of open space, or screening be arranged along the border
of the project.
(D)
The average overall land area per family contained
in the site, exclusive of the area occupied by streets will not be
less than the land area per family required in the district in which
the development is located, even though individual lots may be reduced
below minimum lot area normally allowed in the zone.
(E)
Average overall land area per family, exclusive of
streets, refers to the allowance of reduced lot sizes (below those
normally required by this Code) in exchange for an equal amount of
public open space areas. Reduced sizes of multiple-family lots cannot
be offset by increased sizes of single family lots to arrive at the
required overall land area per family, as this does not create public
open space areas.
(F)
All portions of the tract carrying a residential classification
will be used for single-family dwellings, two-family dwellings or
multiple-family dwellings and the usual accessory uses, such as private
open space, garages, storage space, and space and facilities for noncommercial
community activities, including churches and schools.
(G)
All open space not contained as a portion of a designated
development lot have provisions made for its maintenance in the form
of owner's agreement or be dedicated to an appropriate public agency.
(H)
The plan is consistent with the intent and purposes
of both the Village Zoning and Subdivision Ordinances, and that all
variances from the strict regulations, thereof, be shown on the face
of plat.
(I)
The plan will not create any greater maintenance burden
to the Village for streets, utilities, walk and other necessary facilities
than would be created in conventional development.
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Before authorization of any planned unit development,
requests shall be referred to the Commission for study and a report
concerning the effect of the proposed use on the character and development
of the neighborhood and its consistency with the Comprehensive Plan
shall be made to the Board.
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If the Board approves the plans, building permits
and other applicable permits may be issued even though the use of
the land and the location and height of buildings, streets standards
or other facilities to be constructed, individual lot areas, yards
and setbacks, lot areas, and the yards and open space contemplated
by the plan do not in all respects comply with the district regulations
or subdivision requirements; provided, however, that the variance
to these ordinances contained in the plan be shown on the subdivision
plat.
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Because of the impact of large scale commercial
or industrial developments on the efficiency and safety of Village
streets, water surfaces, sanitary waste disposal systems and pedestrian
movements, as well as the impact of such developments on the orderly
growth of the community, the Village shall require any large-scale
commercial or industrial development (five acres or more in size)
to follow the planned unit development procedures contained within
this Code.
The zoning for an industrial or commercial planned unit development requires that the developer submit to the Village Board adequate plans for the development of the proposed property and follows the procedures outlined in Section 40-5-6.
(A)
Combined-use planned unit developments. Planned unit
developments which include combinations of residential and/or commercial
and/or industrial uses shall be permitted. Due to the possible effects
upon the residents or users of such planned unit developments and
due to the possible effects upon the entire municipality, combined-use
planned unit developments must meet the strictest standards set for
each use included.
(A)
Preapplication conference. Before submitting an application
for a planned unit development, the applicant shall confer with the
Commission, Health Department, Building and Zoning Department, Highway
Department and the Macon County Soil and Water Conservation District
to obtain information and guidance before entering into binding commitments
or incurring substantial expense.
(B)
Application procedures.
(1)
Application required. Application shall be made
on forms supplied by the Commission.
(3)
Application requires plan. An application must
be accompanied by either an optional outline development plan or a
preliminary development plan. In either case the application and accompanying
drawings shall be submitted to the Commission for analysis prior to
public hearing.
(4)
Preliminary plan submittal. A preliminary development
plan is required and must be submitted to the Commission with the
application or within one year following approval of an outline development
plan. If an outline development plan has been approved, the Commission
may authorize the submission of a preliminary development plan in
stages. The Commission shall analyze and hold a public hearing shall
notify the Board in writing of the submission.
(5)
Time constraints. If a preliminary development
plan covering 20% of the area or not less than 10 acres, whichever
is less, has not been submitted within one year following approval
of the outline development plan, the Board shall withdraw its approval
and the outline development plan shall be null and void.
(C)
Outline development plan — optional.
An applicant may, at his option, submit an outline development plan.
An outline development plan must include a soils analysis, maps and
written statements and must describe enough of the surrounding area
to show the relationship of the planned unit development to adjoining
uses both existing and proposed.
(1)
Soil analysis. The soils analysis must be prepared
pursuant to a recommendation by the Macon County Soil and Water Conservation
District and must include a statement of soils limitations for each
major soil type involved.
(2)
Maps. Maps which are part of the outline development
plan may be in general form, and shall contain the proposed land uses,
and the natural features of the site, and the character and approximate
density of dwellings, the approximate location of major thoroughfares
and the water, sewage, and drainage systems proposed.
(3)
Written statements. The written statement must
contain a detailed explanation of the size and character of the planned
unit development including a statement of the present ownership of
all the land within the planned unit development, and the expected
schedule of construction.
(D)
Approval of outline development plan.
(1)
Time parameters. The Commission shall review the outline development plan within 60 days after receipt of such plan, and shall conduct a public hearing as provided by this section and Article II, Sections 40-2-10 through 40-2-17, and upon payment of required fees by applicant. After the hearing the Commission shall then approve, approve with modifications, or disapprove the outline development plan and recommend accordingly in written report to the Board.
(2)
Approval or disapproval. The Board shall then
approve, approve with modification, or disapprove the outline development
plan. Approval of an outline development plan shall not constitute
a zoning change, but shall be an expression of approval in principle
of the submissions as a guide to the preparation of preliminary and
final development plans. If an outline development plan is approved
with modifications, it shall be referred to the Commission for reevaluation
with the applicant.
(3)
Issuance of permits. No building permits may
be issued and no construction is permitted on land within the planned
unit development until final plans for the development have been approved
by the Board under procedures provided in the following sections.
(E)
Preliminary development plan. If no outline development
plan has been filed the preliminary development plan shall contain
all items required in an outline development plan and shall also include,
but not be limited to, all of the following:
(1)
Map. A map showing streets, lots, parcels, and
sites for all uses included in the planned unit development, including
areas proposed to be conveyed, dedicated, or reserved for parks, parkways,
playgrounds, school sites, public buildings, and similar public and
quasi-public uses of common use areas.
(2)
Location plan. A plot plan for each building
site and common open area, showing the approximate location of all
buildings, structures, and improvements and indicating the open space
around building and structures.
(3)
Design presentation. Schematic design presentation
indicating the architectural character of all proposed structures
and improvements except single family detached residences and their
accessory buildings. The drawings need not be the result of final
architectural decisions and need not be in detail.
(4)
Development schedule. A development schedule
indicating:
(a)
The approximate date when construction of the
project can be expected to begin;
(b)
The stages in which the project will be built
and the date when construction of each stage can be expected to begin;
(c)
The date when the development of each of the
stages will be completed; and
(d)
The area and location of a common open space
that will be provided at each stage.
(5)
Special agreements. Proposed agreements, bylaws,
provisions, or covenants which govern the use, maintenance, and continued
protection of the planned unit development and any of its common open
areas of other facilities.
(6)
Special problems. If the Commission finds that
the planned unit development creates special problems, the following
information may be required:
(a)
A circulation diagram indicating the proposed
movement of vehicles, goods, and pedestrians within the development
to and from existing thoroughfares.
(b)
A landscaping and comprehensive drainage plan
with analysis of the impact that the development creates on the site
and on the surrounding area.
(c)
A market analysis, feasibility report, and statement
of proposed financing.
(F)
Approval of preliminary development plan.
(1)
Failure to submit. If no outline development
plan has been submitted and approved, the preliminary development
plan shall be considered for approval under the procedures for an
outline development plan.
(2)
Review of plan. If an outline development plan
has been submitted and approved, the Commission shall review within
60 days the preliminary development plan, and shall recommend whether
it is in substantial compliance with the outline development plan
and if it complies with all other standards in this Code for planned
unit development which were not considered when the outline development
plan was approved and shall give public notice of a hearing and shall
give notice to any person who has indicated to the Secretary of the
Commission in writing that he wishes to be notified.
(3)
Hearing required. The Commission shall then
hold a hearing as provided for in an outline development plan and
shall recommend to the Board the approval or denial of the proposed
planned unit development and shall include not only conclusions but
also findings of fact related to the specific proposal and shall set
forth particularly in what respects the proposal would or would not
be in the public interest including, but not limited to findings of
fact on the following:
(a)
In what respects the proposed plan is or is
not consistent with the stated purpose of the planned unit development
regulations.
(b)
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 or are
not deemed to be in the public interest.
(c)
The extent to which the proposed plan meets
the requirements and standards of the planned unit development regulations.
(d)
The physical design of the proposed planned
unit development and the manner in which said design does or does
not make adequate provision for public services, provide adequate
control over vehicular traffic, provide for and protect designated
common open space, and further the amenities of light and air, recreation
and visual enjoyment.
(e)
The compatibility of the proposed planned unit
development with the adjacent properties and neighborhoods.
(f)
The desirability of the proposed planned unit
development to physical development and economic well-being of the
entire community.
(g)
The conformity with the recommendations of Village
plans.
(4)
Modifications. The Board shall then approve,
approve with modifications, or disapprove the preliminary development
plan, the Zoning Officer shall upon approval show on the Official
Zoning Map the planned unit development as conditionally approved
and subject to final development plan approval. If it is approved
with modifications, the Zoning Officer shall not show it on the Official
Zoning Map until the applicant has filed with the Board written consent
to the preliminary development plan as modified. No plats shall be
recorded and no building permits issued until a final development
plan has been approved by the Board, and certified by the Village
Clerk.
(5)
Vote required. No use permit for a planned unit
development shall be passed except by a majority vote of the members
of the Board present. In the following cases, no use permit shall
be passed except by the favorable vote of 3/4 of all the members of
the Board.
(6)
Written protest. If a written protest against
the proposed amendment is filed with the Village Clerk no later than
5:00 p.m. of the day when the Board votes on said proposed amendment,
signed and acknowledged by the owners of 20% or more of the frontage
proposed to be altered; the frontage immediately adjoining or across
on alley therefrom; or the frontage directly opposite the frontage
proposed to be altered.
(7)
Denial. If the Commission recommends denial
of the application.
(G)
Final development plan. Within one year following
the approval of a preliminary development plan, the applicant shall
file with the Commission a final development plan for the first stage
containing in final form the information required in the preliminary
development plan. The final development plan shall include, but not
be limited to, the following:
(1)
Final land use plan. A final land use plan suitable
for recording with the Recorder of Deeds. The purpose of the final
development plan is to designate the land subdivided into lots as
well as the division of other lands not so treated, into open areas
and building areas, and to designate and limit the specific internal
uses of each building or structure, as well as of the land in general.
(2)
Legal description. An accurate legal description
of the entire area under immediate development within the planned
unit development.
(3)
Subdivided lands. If subdivided lands are included
in the planned unit development, a subdivision plat of all subdivided
lands in the same form and meeting all the requirements of a normal
subdivision plat.
(4)
Accurate legal description. An accurate legal
description of each separate unsubdivided use area, including common
open space.
(5)
Location of buildings. Designation of the location
of all buildings to be constructed, and a designation of the uses
for which each building is designed.
(6)
Certificates. Certificates, seals and signatures
required for the dedication of land and recording the document.
(7)
Unsubdivided use. Tabulations of each separate
unsubdivided use area, including land area and number of dwelling
units per gross acre.
(8)
Landscaping plan.
(9)
Utilities. Utilities and drainage plans.
(10)
Final agreements. Final agreements, bylaws,
provisions, or covenants which govern the use, maintenance, and continued
protection of the planned unit development and any of its common open
areas or other facilities.
(11)
Final schedule. Final development and construction
schedule.
(H)
Approval of final development plan.
(1)
Approval time constraints. The Commission shall
review within 60 days the final development plan and shall recommend
approval if it is in substantial compliance with the preliminary development
plan. The Commission shall certify to the Board that the final development
plan is in conformity with previously filed preliminary development
plan.
(2)
Approval if in conformity. The Board shall approve
the final development plan if it is in conformity with the preliminary
development plan and pass a resolution approving it.
(3)
Not in conformity. If the Commission finds that the final development plan does not substantially conform to the preliminary development plan it shall then give public notice of a hearing. The Commission shall give notice to any person who has indicated to the secretary of the Commission in writing that he wishes to be notified. After the hearing, the Commission shall submit to the Board its recommendations, together with the findings of fact indicating in what respect the final development plan and the justification, if any, for such deviations. The Board shall then approve, approve with modifications or disapprove the final development plan, in accordance with the provisions of Section 40-5-6(F).
(4)
Recording after approval. Upon approval of the
final development plan by the Board, the Village Clerk shall record
a copy of the final development plan including the plat with the Recorder
of Deeds, the Zoning Officer shall issue a building permit for the
construction of that part of the planned development that has been
approved.
(I)
Failure to begin development. If no substantial construction
has begun or no use established in the planned unit development within
the time stated in the final development and construction schedule,
the final development plan shall lapse upon written notice to the
applicant from the Board and shall be of no further effect. In its
discretion and for good cause, the Board may extend for a reasonable
time, not to exceed one year, the period for the beginning of construction
or the establishment of a use. If a final development plan lapses
under the provisions of this Section, the Zoning Officer shall remove
the planned unit development use permit from the Official Zoning Map
and shall file a notice of revocation with the recorded final development
plan. The zoning regulations applicable before the development was
approved shall then be in effect.
(J)
Amending final plan. No changes may be made to the
approved final development plan during the construction of the planned
unit development except upon the application to the Commission under
the following procedures:
(1)
Minor changes. Minor changes in the location,
siting, and height of buildings and structures may be reviewed and
authorized by the Commission if required by engineering or other circumstances
not foreseen at the time the final development plan was approved.
No change authorized by this section may increase the volume of any
building or structure by more than 10%.
(2)
Major modifications. All other changes in time
schedule and use, any rearrangement of lots, blocks, and building
tracts, any changes in the provision of common open space and all
other changes in the approved final development plan shall be made
by the Board upon recommendation of the Commission under the procedure
authorized by this Code for approval of the planned unit development
use permit. No amendments may be made in the approved final development
plan unless they are shown to be required by changes in conditions
that have occurred since the final development plan was approved.
A self-imposed hardship shall not be a valid reason for change.
(3)
Modifications as amendments. Any changes approved
shall be recorded as amendments to the recorded copy of the final
development plan, before they have any effect.
