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. 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.
(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.
(3)
All other applicable parking requirements, as established in Article
IX, shall be adhered to.
(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.
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.
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.