Village of Maple Bluff, WI Zoning Districts

Protest. In the event of a protest against amendment to the Zoning Map, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the members of the Village Board voting on the proposed amendment. In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20% of the number of persons casting ballots in the last general election, such amendment shall not become effective except by the favorable vote of 3/4 vote of the members of the Village Board voting on the proposed amendment.

Down zoning. If the amendment relates to down zoning, as defined in § 66.10015(1)(as), Wis. Stats., then approval of that amendment shall require a 2/3 vote of the Village Board, except that if the down zoning is requested or agreed to by all persons who own the land(s) affected by the proposed down zoning, the down zoning may be approved by a simple majority of the Village Board.

Reapplication. Following the denial of an application for a zoning ordinance amendment or conditional use, the property owner may not reapply for the same zoning ordinance amendment or conditional use of the property for a period of one year from the date the prior application was denied by the Village Board, unless a majority of the Plan Commission first determines that a change in circumstances or conditions requires the Board's reconsideration.

Factors for reviewing proposed amendments. In deciding whether to adopt a proposed amendment, the Village Board shall consider whether the proposed amendment is consistent with the goals and policies of the Comprehensive Plan. In particular, where rezoning property, the Village Board shall consider the following factors:

Is the requested change compatible with the existing development pattern and the zoning of nearby properties?

Has there been a change in the circumstances upon which the original zoning designation was based?

Have major land uses or conditions changed since the zoning was established?

Does the current zoning or the proposed zoning better conform to the current Comprehensive Plan?

Does the proposed use satisfy a public need?

Is the subject property physically suitable for the zoned purpose and/or the proposed use and purpose?

Are there sites for the proposed use in existing districts permitting such use?

Does the present development of the area comply with existing ordinances?

(9)

Does the existing zoning impose an unreasonable hardship?

(10)

Can a reasonable economic benefit be realized from uses in accordance with the existing zoning?

(11)

Will property values in the vicinity be affected?

(12)

Will the proposed change deter the use of adjacent properties under the existing zoning?

(13)

Can the proposed change contribute to the redevelopment of a deteriorated area?

(14)

Will the proposed change conflict with existing or planned public improvements?

(15)

Will the proposed change adversely impact population density such that the demand for schools, sewers, streets, recreational areas and facilities and other public facilities is adversely affected?

(16)

Will the proposed change have an adverse environmental impact on the vicinity?

(17)

Will the proposed change adversely affect the health, safety, and welfare of the neighborhood?

(18)

Will the proposed change adversely affect the health, safety, and welfare of the Village as a whole?

(19)

Will the proposed change adversely affect traffic patterns or congestion?

§ 225-37 Zoning districts established.

For the purposes of this chapter, the Village is divided into four districts, as follows:

"A" Residence District.

"B" Residence District.

"A" Business District.

Land Conservancy District.

Planned Unit Development District (PUD).

[Added 5-8-2007]

§ 225-38 Zoning Map.

A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Village President and the Village Administrator or his/her designee and shall be available to the public in the office of the Village Administrator or his/her designee and Village Clerk-Treasurer.

Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.

§ 225-39 Rules for interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.

Where a district is bounded by a navigable body of water, the regulations and restrictions which apply upon the uplands are intended to apply also to the adjacent riparian rights.

Boundaries indicated as parallel to or extensions of features indicated in the preceding subsections shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

§ 225-40 "A" Residence District.

Purpose.

The "A" Residence District is established to protect, promote, and maintain the development of single-family detached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to maintain a suitable environment for family living at the low density of development characteristic of the current pattern of development in the district, which consists of large lots with abundant open space.

All proposed development, redevelopment, renovation, remodeling or other physical alteration of site or structures within the Village shall be in conformance with design review standards. These standards shall be derived as a function of neighboring properties, including properties across a public street, and shall be limited by the range of values for height, setbacks, site coverage, impervious surfaces and landscape coverage, excluding existing nonconforming uses. Where any regulatory statements are in conflict, the more restrictive standard shall apply.

Use regulations. In the "A" Residence District, no structure or land shall be used and no structure shall be hereafter erected or structurally altered, except for the following uses:

Single-family dwellings.

Home occupations.

Miscellaneous structures approved by the Building Board as being incidental to the main permitted use and deemed when constructed or used as not being unreasonably detrimental to the neighboring properties or the Village in terms of use, appearance, materials, design and location.

Village park and recreational areas.

Height regulations. In the "A" Residence District, no building shall be hereafter erected or structurally altered to exceed 35 feet in height (see definition of "height" for determination of measurement).[1]

Editor's Note: See § 225-103, Definitions. Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Area regulations.

Where the rear of a lot abuts upon a public street, no structure shall be placed nearer to the rear lot line than the distance between the building line and the rear line of the lot as shown on the Zoning Map.

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves, provided that none of such projections shall project into a minimum side yard more than 1/4 of the width of such yard or in any case more than 24 inches.

An accessory building not over 15 feet in height may occupy not more than 30% of the area of a required rear yard, but no accessory building, other than a boathouse or boat shelter, shall be located within five feet of any lot line.

Parking spaces that are in locations other than in a driveway cannot be directly in front of a dwelling structure on the front side of the lot, or between the side of the house and the street on a corner lot, or in the front setback except in the driveway.

Front yard. On every lot in the "A" Residence District there shall be a front yard having a depth of not less than the distance between the building line and the front line of the lot as shown on the Zoning Map, provided that for lots where no building line is shown on the Zoning Map the depth of the front yard shall not be less than 40 feet.

Side yard.

On every lot in the "A" Residence District there shall be two side yards, one on each side of the principal building. Neither of such side yards shall be less than seven feet in width, and the total width of such two side yards shall not be less than 22 1/2 feet; provided, however, that on any lot of record or under contract of purchase on June 11, 1946, having a width of less than 75 feet at the building setback line, the minimum total width of the two side yards shall be 22 1/2 feet less 1/2 foot for each foot such lot is less than 75 feet in width, but neither of such side yards shall be less than seven feet in width in any case. As of February 13, 1996, the minimum total width of the two side yards of any lot having a width of more that 75 feet at the building setback line shall be 22 1/2 feet plus three inches for each foot such lot is greater than 75 feet in width. The additional three inches for each foot such lot is greater than 75 feet in width shall be added to the smaller side yard.

The side yard regulation in Subsection D(6)(a) shall apply to all lots, except that no street side yard shall have a width less than the distance between the building line and the side of the lot as shown on the Zoning Map, provided further that for lots where no building line is shown on the Zoning Map the width of the street side yard shall not be less than 25 feet, provided that on corner lots no accessory building or miscellaneous structures shall be closer to the side street line than the setback applicable to the lot at the rear of such corner lot.

Rear yards; non-lake lots. On every lot in the "A" Residence District which does not abut upon Lake Mendota there shall be a rear yard having a depth of not less than 20% of the depth of the lot, provided that such rear yard need not exceed 50 feet in depth and shall not be less than 25 feet in depth.

Rear building line; lake lots. On every lot in the "A" Residence District which abuts upon Lake Mendota there shall be a rear building line as shown on the Zoning Map. No main building, accessory building or miscellaneous structure (other than a boathouse or boat shelter, or a swimming pool as permitted in § 225-46) shall be constructed, reconstructed or structurally altered between such rear building line and the shore of Lake Mendota, nor shall any change be made in the property so as to alter, deface, obliterate or add to by filling the surface of the property or the shoreline or the face of any promontory or bluff. No boathouse or boat shelter shall be erected, reconstructed or structurally altered between the rear building line and the shoreline of Lake Mendota unless the Building Board shall first determine that the boathouse or boat shelter will not unreasonably impair the view of the lake from the neighboring properties. In no case shall any such boathouse or boat shelter exceed 15 feet in height.

[Amended 8-11-2020]

(9)

Lot area. Every lot in the "A" Residence District not of record or under contract of purchase on June 11, 1946, or thereafter sold by metes and bounds shall have an area of not less than 11,000 square feet, and no such lot shall be less than 100 feet wide at the building line.

(10)

Building area. No lot in the "A" Residence District shall have a building area in excess of 25% of the lot area. (See also FAR; whichever is more restrictive applies.)

(11)

Impervious surface: 40% maximum coverage.

(12)

FAR: see the table included at the end of this article.

§ 225-41 "B" Residence District.

Purpose.

The "B" Residence District is established to protect, promote, and maintain the development of single-family detached housing and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of allowable uses for this district are designed to maintain a suitable environment for family living at the low density of development characteristic of the current pattern of development in the district.

Use regulations. In the "B" Residence District, no structure or land shall be used and no structure shall be hereafter erected or structurally altered, except for the following uses:

Any use permitted in the "A" Residence District.

Municipal buildings and uses of the Village.

Height regulations. The height regulations herein above prescribed for the "A" Residence District shall also apply to the "B" Residence District.

Area regulations.

Front yards. On every lot in the "B" Residence District there shall be a front yard having a depth of not less than the distance between the building line and the front line of the lot as shown on the Zoning Map, provided that where no building line is shown on the Zoning Map the depth of the front yard shall not be less than 40 feet.

Side yards.

On every lot in the "B" Residence District there shall be two side yards, one on each side of the main building. Neither of such side yards shall be less than six feet in width, and the total width of such two side yards shall not be less than 14 feet.

The side yard regulations in Subsection D(5)(a) above shall apply to all lots, except that no street side yard shall have a width less than the distance between the building line and the side of the lot as shown on the Zoning Map, provided further that for lots where no building line is shown on the Zoning Map the width of the street side yard shall not be less than 15 feet.

Rear yards. On every lot in the "B" Residence District there shall be a rear yard having a depth of not less than 20% of the depth of the lot, provided such rear yard need not exceed 40 feet in depth and shall not in any case be less than 25 feet in depth.

Lot area. Every lot in the "B" Residence District not of record or under contract of purchase on May 3, 1937, shall have an area of not less than 6,500 square feet, and no such lot created on or after July 1, 1995, shall be less than 75 feet wide as measured at the street side building line. Any new lakefront lots shall have a minimum width of 100 feet.

Building area. No lot in the "B" Residence District shall have a building area in excess of 30% of the lot area. (See also FAR; whichever is more restrictive applies.)

(9)

Impervious surface: 40% maximum coverage.

(10)

FAR: see the table included at the end of this article.

§ 225-42 "A" Business District.

[Amended 6-10-2014; 4-11-2017]

Purpose. The "A" Business District is intended to be a limited local business district to provide for the day-to-day consumer services and goods that are necessary to serve a residential area. High-traffic-generating and traffic-oriented uses are restricted because of their undesirable influence on adjacent residential areas.

Use regulations.

Permitted uses. In the "A" Business District, the following uses are permitted, subject to all terms of this Code: Any of the following retail and customer service establishments: retail stores and services conducted wholly within enclosed buildings and devoted to supplying neighborhood needs, including but not limited to grocery stores, drugstores, hardware stores, barber and beauty shops, movie houses, book stores, veterinary clinics and any similar use are subject to the determination of the Plan Commission.

Conditional uses. The following land uses shall be the only conditional uses allowed in the "A" Business District, subject to all terms of this Code:

Banks, service businesses or professional offices.

Medical or dental clinics in which one or more physicians and/or dentists and/or their allied professional assistants are associated for the purpose of carrying on their professions. The clinic may include an accessory dental or medical laboratory but shall not include inpatient care.

Multifamily residences.

Taverns, liquor stores or other establishments selling intoxicating liquors or fermented malt beverages (by the drink or otherwise).

Establishments for the sale of gasoline and/or other petroleum products and/or automotive repairs and maintenance.

(f)

Any retail or customer service establishment, if the hours of operation extend outside of 7:00 a.m. to 10:00 p.m. on any day.

(g)

Accessory buildings and uses and miscellaneous structures approved by the Building Board as being incidental to the primary permitted use and deemed when constructed or used as not being detrimental to the neighboring properties or the Village in terms of use, appearance, materials, design and location.

Prohibited uses. Notwithstanding any provision to the contrary contained in this Code, the following uses are expressly excluded in the "A" Business District:

Wrecker services, junkyards, mini-warehouses, open/outdoor storage.

Adult bookstores. For the purpose of this chapter, "adult bookstore" is defined as any establishment which sells or loans, for monetary consideration, as a significant part of its business, any of the following materials: books, pamphlets, magazines, printed matter, verbal descriptions, narrative accounts, pictures, photographs, drawings, sculptures, motion-picture films or other visual representations or images depicting human nudity and sexual conduct. "Nudity" is defined as the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering. "Sexual conduct" is defined as acts of sexual intercourse between humans, normal or perverted, actual or simulated, and acts of sexual perversion mentioned in § 944.17, Wis. Stats.

Retail establishments selling large and heavy products which involve substantial trucking, such as furniture and major electrical appliances.

Building and site development standards.

New or expanded buildings. The construction of any new building, or the expansion of the floor area of any existing building, shall require a conditional use permit regardless of the intended use. All requirements of Article IX shall be met.

Height regulations. No building shall be erected or structurally altered to exceed 40 feet in height.

Minimum required yards. Except where the Village Board may establish different yards (setbacks) by conditional use permit, the following are the minimum required yards for each structure constructed after March 1, 2017, and for the expanded portion of any structure expanded after March 1, 2017:

For principal buildings:

Street yard: none, for buildings exclusively with a nonresidential use; five feet, for buildings with a residential use. The Village Board may require greater street yards at intersections where necessary to assure proper traffic visibility.

Non-street side yard: five feet, except per Subsection C(3)(a)[4] and for buildings where a common party fire wall is approved by the Building Inspector.

Rear yard: five feet, except per Subsection C(3)(a)[4].

Any side or rear yard abutting a residence district: 12 feet, except the setback for any part of a third building story or greater shall be 20 feet.

Minimum required yards associated with detached accessory structures shall be per § 225-46.

Minimum lot area per dwelling unit. Every building with a residential use shall be provided with a lot area not less than 1,250 square feet per dwelling unit.

Maximum floor area ratio (FAR): 100% maximum coverage.

§ 225-43 Land Conservancy District.

[Amended 6-10-2014]

Purpose. The purpose of the district is to recognize a major land use category and pattern of development that exists within the Village. The district is to provide for the development and protection of various community facilities. In general, community facilities provide open space, governmental and recreational services to the community. All uses of the district shall be subject to design regulations of this chapter.

Use regulations. In the Land Conservancy District, the following uses are permitted:

Public parks.

Government/community facilities.

Conditional uses. The following land uses shall be the only conditional uses allowed in the Land Conservancy District:

Marinas.

Golf courses (accessory buildings and miscellaneous structures and uses customarily incident to the operation of a golf club, including the construction and operation of tennis courts and a swimming pool).

Miscellaneous structures approved by the Building Board as being incidental to the principal use and deemed as not being detrimental to adjacent properties or the Village in terms of use, appearance, materials, design, and location.

Height regulations. Maximum building height shall be 40 feet or three stories.

Yard regulations.

Front yard: minimum 25 feet.

Side yards: minimum 10 feet each.

Rear yard: minimum 25 feet.

Lot area: there is no minimum lot area.

Lot width: there is no minimum lot width.

Accessory buildings.

Maximum height: 20 feet.

Front yard: not permitted.

Minimum distance from side lot line: five feet.

Minimum distance from rear lot line: five feet.

Area regulations. The setback line on all property of the Maple Bluff Golf Course shall be shown on the Zoning Map, namely a setback of 150 feet on all sides of the property, except that no setback is required bordering the railroad tracks and only 75 feet is required as a setback from the center of Kensington Drive on a line parallel to the north line of the Lot 1 Golf Subdivision to a point 150 feet west of the extended west line of Lot 1.

§ 225-43.1 Planned Unit Development District (PUD).

[Added 5-8-2007]

Purpose of PUD District.

The PUD planned unit development district ("PUD District") is established to encourage, promote and provide improved environmental design in the Village by allowing for greater freedom, imagination and flexibility in the development of land, while ensuring substantial compliance with the basic intent of this chapter and the general plan for community development. To this end, the PUD District allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with regard to public services and to encourage and facilitate preservation of open land.

This § 225-43.1 contemplates that there may be residential, commercial and mixed-use planned unit developments.

General requirements.

Design Zones. Design Zones for the Village are hereby established to ensure that developments within these zones are compatible with the policies of the Master Plan and the general development plans for the zones, as established by the Village from time to time. Only areas that are contained in the Design Zones may be placed within a PUD District. There are hereby established the following Design Zones:

Design Zone 1: the area of the Village bounded on the south by Commercial Avenue, on the east and northeast by the Chicago & Northwestern Transportation Company railroad right-of-way, and on the west by Sherman Avenue. Such Design Zone is shown on Exhibit 1.[1]

Editor's Note: Exhibit 1 is on file in the office of the Village Clerk.

Design Zone 2: the area of the Village presently zoned A and shown on Exhibit 2.[2]

Editor's Note: Exhibit 2 is on file in the office of the Village Clerk.

Lot area, lot width, height, floor area ratio, yard and usable open space requirements. In the PUD District there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved recorded specific implementation plan shall be, along with the general development plan itself, construed to be and enforced as part of this section.

Off-street parking. In the PUD District, off-street parking facilities shall be provided in accordance with applicable regulations as herein set forth in Article XII below (i.e., § 225-67 et seq.) and such requirements as are made a part of an approved recorded specific implementation plan shall be, along with the general development plan itself, construed to be and enforced as a part of this section.

Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted in the PUD District, subject to the criteria as established in Subsection D below, and provided such uses are identified in the approved and recorded specific implementation plan and the general development plan.

Conditional uses. Any use allowed as a conditional use in any of the other districts of this chapter may be allowed in the PUD District, subject to the criteria as established in Subsection D, and provided such uses and any conditions or requirements attached to such uses are identified in the approved and recorded specific implementation plan and the general development plan.

Land division. Any land division in the proposed PUD District shall comply with Article XVI of this chapter.

Procedural requirements.

Preapplication conference. Prior to the official submission of a petition for the approval of a PUD District, the owner or the owner's agent shall meet with the Plan Commission or its staff to discuss the scope and proposed nature of the contemplated development.

Petition for rezoning approval. Following the preapplication conference, the owner or the owner's agent may file a petition with the Zoning Administrator for approval of a zoning change to the PUD District. Such petition shall be accompanied by payment of a PUD review fee as specified in § 225-83 of the Code. The procedure for rezoning to a PUD District shall be as required for any other zoning district change as set forth under § 225-36 of the Code, except that, in addition thereto, the following information shall be filed by the applicant with the Zoning Administrator with the petition for rezoning:

Informational statement. A petition for a zoning change to the PUD District shall be accompanied by an informational statement that sets forth the following information:

Total area to be included in the PUD, area of open space, residential density, proposed number and type of dwelling units, projected population, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.

A general outline of the organizational structure of a property owners' or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

Any proposed departures from the standards of development as set forth in this Chapter, Chapters 90, 115, 192 and 218 of the Code and any other Village ordinances or regulations or administrative rules, or other universal guidelines.

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

General development plan. A petition for a zoning change to the PUD District shall be accompanied by a draft general development plan which shall include the following information:

A legal description of the boundaries of the subject property included in the proposed PUD District.

An accurate site plan showing the boundaries of the subject property that includes the location of the proposed buildings, landscaping, public and private roads, driveways, sidewalks and parking facilities.

Adequate information to present the relationship of the proposed improvements to surrounding properties which shall include photographs and the locations of existing buildings located within 300 feet of the site.

Schematic architectural plans showing the character of the proposed buildings.

[5]

Schematic floor plans that are adequate to demonstrate the intended use of the buildings.

Plan commission review. Upon submission of the petition and the general development plan, and provided the Plan Commission determines that the petition and plan are complete and contain the information required above, the Plan Commission may refer the general development plan to the Building Board for review and recommendation. The Building Board shall, within 30 days after the date of the referral, make its recommendation, if any, on the general development plans to the Plan Commission. If no such recommendation is made, the general development plan shall be deemed approved by the Building Board. Following receipt of the recommendation, if any, from the Building Board, the Plan Commission shall hold a public hearing on the application, the general development plan and the recommendation, if any, of the Building Board as provided for in § 225-36D; and thereafter recommend to the Village Board that the petition and plan (i) be approved as submitted; (ii) approved with modifications and/or conditions; (iii) referred for further consideration; or (iv) be disapproved. In considering the petition and plan, the Plan Commission shall apply the criteria set forth in § 225-43.1D below.

Village Board authorization. Upon receipt of the recommendation of the Plan Commission, the Village Board may take such action thereon as it deems reasonable and appropriate. If the petition and general development plan are approved, said plan shall establish the basic right for use of the lands in conformity with the plan as approved; but such plan shall be conditioned upon approval of a specific implementation plan and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.

Recording. Upon final approval of the application and adoption of a zoning change to the PUD District by the Village Board, the general development plan, as approved, shall be recorded by the developer within 10 days in the Dane County register of deeds' office. Detailed construction and engineering plans need not necessarily be completed at the time the zoning is approved, but the approval and recording of such plan shall be conditioned upon the subsequent submittal, approval and recording of more specific and detailed plans as the development progresses.

Basis for approval. In reviewing a PUD District application to the Plan Commission and Village Board, the following criteria shall be applied to the application for such district with specific consideration as to whether or not it is consistent with the purpose of this chapter, whether or not it is consistent with the policies of the Village Comprehensive Plan, whether or not it has been prepared with professional advice and guidance, and whether or not it produces significant benefits in terms of environmental design:

[Amended 7-10-2018]

Character and integrity of land use. In a PUD District, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

Are compatible to the physical nature of the site and surrounding land uses.

Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area as established by the Village.

Would not adversely affect the anticipated provision for municipal services.

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

Economic feasibility and impact. The proponents of a PUD District application shall provide evidence satisfactory to the Plan Commission and Village Board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the Village or the values of surrounding properties.

Engineering design standards. The width of street rights-of-way, width of paving, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based on standards necessary to implement the specific function in the specific situation; provided, however, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the Village Engineer.

Preservation and maintenance of open space. In a PUD District, adequate provisions shall be made for the permanent provision and maintenance of open space either by private reservation or dedication to the public.

For private reservation, the open area 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 open areas, restricting the area against any future building or use except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial, recreational, or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the general development plan or, subsequently, with the express approval of the Village Board following approval of building, site, and operational plans by the Plan Commission.

The care and maintenance of such open space reservations shall be assured by establishment of appropriate management organization(s) for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the Village and shall be included in the title to each property.

Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the Village and made a part of the conditions of the plan approval.

Implementation schedule. The proponent(s) of a PUD District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase shall be brought to completion in a manner that would not result in an adverse effect upon the Village as a result of termination at that point. The Plan Commission and Village Board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD.

Residential PUD considerations. The Plan Commission and the Village Board, in making their respective recommendation and determination as to a proposed residential PUD, shall further consider whether:

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the Village.

The total net residential density within the PUD will be compatible with the Village Master Plan or components thereof, and shall be compatible with the density of the neighborhood wherein located.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.

Provision has been made for adequate, continuing fire and police protection.

The population density of the development will have an adverse effect upon the community's capacity to provide needed municipal service facilities.

(f)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan either by private reservation and maintenance or by dedication to the public.

Commercial PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed commercial PUD, shall further consider whether:

The economic feasibility of the proposed development can be demonstrated.

The proposed development will be adequately served by off-street parking and truck service facilities in accordance with this Code.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas.

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

Mixed-use PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed mixed-use PUD (i.e., commercial and residential), shall further consider whether:

The proposed mixture of uses results in a unified composite which is compatible with the surrounding neighborhood.

The various types of uses conform to the general requirements as set forth in this chapter, applicable to projects of such use and character.

Specific implementation plan.

After approval and recording of the general development plan and the zoning change to the PUD District, the applicant shall file a specific implementation plan with the Plan Commission, through the Zoning Administrator. Unless and until a specific implementation plan has been approved by the Village Board and recorded, no building permit shall be issued for any construction within the PUD District. Specific implementation plan(s) shall include the following information:

A precise description of the type, number and size of dwelling units, a description of the type and amount of square feet devoted to commercial uses, the estimated number of employees, and character and volume of truck and automobile traffic generated from the site.

A detailed site plan of the development showing the location of all buildings, pavement areas, signs, and outdoor lighting.

A final plat or certified survey map (as determined by the Plan Commission) of the entire development area showing detailed lot layout and the intended use of each lot or parcel of land, public dedications, public and private streets, driveways, walkways, and parking facilities.

A detailed landscape plan showing the location and treatment of open space areas and the location, species, and size of landscape material.

Complete architectural drawings and sketches setting forth the design and character of the structures, including elevation drawings of all buildings, and the floor areas. In residential PUDs with single-family homes, the Plan Commission may approve site and architectural design guidelines contained within a declaration of covenants, deed restrictions, or other similar document, in lieu of reviewing the plans for each individual single-family residence. The Plan Commission may refer the architectural drawings and sketches to the Building Board for review and recommendation. The Building Board shall, within 30 days after the date of referral, make its recommendation, if any, on such drawings and sketches to the Plan Commission. If no such recommendation is made, the drawings and sketches shall be deemed approved by the Building Board.

(f)

Location of all existing and proposed public and/or private utility installations, including but not limited to sewer, water and stormwater facilities.

(g)

A detailed grading plan.

(h)

Stormwater management plan.

(i)

A development schedule indicating:

The approximate date when construction of the project can be expected to begin;

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

The anticipated rate of development; and

The approximate date when the development of each of the stages will be completed.

(j)

Characteristics of soils related to contemplated specific uses.

(k)

Existing topography on the site with contours at no greater than two-foot intervals.

(l)

Agreements, bylaws, provisions, or covenants that govern the organizational structure, use, maintenance and continued protection of the PUD District and any of its common services, open areas or other facilities.

(m)

Any other plans, documents or schedules required by the Plan Commission or Village Board.

(n)

If the development is to be staged, a staging plan.

(o)

A plan showing how the entire development can be further subdivided in the future.

(p)

If the site has any environmental contamination, the approved plan of remediation therefor.

Upon submission of the specific implementation plan(s), the Plan Commission shall review the same to determine if the plan(s) is in compliance with the approved general development plan and applicable provisions of this § 225-43.1. The Plan Commission shall hold a public hearing thereon. The Plan Commission shall thereafter recommend to the Village Board that the specific implementation plan(s) be (i) approved as submitted; (ii) approved with modification and/or conditions; (iii) referred for further consideration; or (iv) disapproved.