The purpose of this portion of the article is
to establish the procedural requirements for changes and amendments,
conditional use review and approval, temporary use review and approval,
site plan review and approval and variances.
A.
Authority.
(1)
Whenever the public necessity, convenience, general
welfare or good zoning practice require, the municipality may, by
ordinance, change the zoning of a property or amend, change or supplement
the regulations established by this chapter or amendments thereto.
(2)
Such change or amendment shall be subject to the review
and recommendation of the Plan Commission.
B.
Initiation. A change or amendment may be initiated
by the Village Board, Plan Commission or by a petition of one or more
of the owners or lessees of property within the area proposed to be
changed.
C.
Petitions. Petitions for any change to the zoning, or amendments
to the regulations, shall be filed with the Village Administrator,
describe the premises to be rezoned or the regulations to be amended,
list the reasons justifying the petition, specify the proposed use
and have attached the following:
(1)
Plot plan drawn to a scale of one inch equals 100 feet, showing area
proposed to be rezoned, its location, its dimensions, the location
and classification of adjacent zoning districts, and the location
and existing use of all properties within 400 feet of the area proposed
to be rezoned.
[Amended 2-19-2018 by Ord. No. 02-2018]
(2)
Owners' names and addresses of all properties lying within 400 feet
of the area proposed to be rezoned.
[Amended 2-19-2018 by Ord. No. 02-2018]
(3)
Additional information required by the Plan Commission
or Village Board.
D.
Public hearing. The Plan Commission shall hold a public hearing upon
every rezoning petition giving Class 2 Notice, and by mailing notice
to owners or properties within 400 feet of the area proposed to be
rezoned, as determined by Dane County land records.
[Amended 4-21-2014 by Ord. No. 03-2014; 2-19-2018 by Ord. No. 02-2018]
|
NOTE: Section 325-115G(3) states that the public hearing shall be conducted by the "procedures used for amendments to the Official Zoning Map shall be followed for this process." Therefore, the extended notice radius for a planned unit development is covered by the amendment of § 325-110, as described above.
|
E.
Review and recommendations. The Plan Commission shall,
as provided in s. 62.23(7) of the Wisconsin Statutes, review all proposed
changes and amendments within the corporate limits and shall recommend
that the petition be granted as requested, modified or denied. The
recommendation shall be made no later than the meeting subsequent
to the public hearing and shall be made in writing to the Village
Board.
F.
Village Board action. After careful consideration
of the Plan Commission's recommendations, the Village Board shall
vote on the passage of the proposed change or amendment.
A.
Purpose.
(1)
The purpose of this article is to provide regulations
that govern the procedure and requirements for the review and approval,
or denial, of proposed conditional uses.
(2)
Certain uses in situations which are of such a special
nature or are so dependent upon actual contemporary circumstances
as to make impractical the predetermination or permissibility, or
the detailing in this chapter of specific standards, regulation or
conditions which would permit such determination in each individual
situation, may be permitted as conditional uses.
(3)
Under this chapter, a proposed conditional use shall
be denied unless the applicant can demonstrate, to the satisfaction
of the Village, that the proposed conditional use will not create
undesirable impacts on nearby properties, the environment nor the
community as a whole.
(4)
Limited conditional uses. Limited conditional uses
are the same as regular conditional uses, excepting that further,
in the considered findings of the Village Board and the granting thereof,
because of any of the following: their particularly specialized nature,
their particular locations within a district, the peculiar unique
relationships or needed compatibility of uses to involved individuals
or any other reason(s) the Village Board deems specially relevant
and material to delimit the scope thereof, should be of lesser permanence
than regular conditional uses and the duration or term of existence
may be established until time certain or be limited to a future happening
or event at which time the same shall terminate.
B.
Initiation of request for approval. Proceedings for
approval of a conditional use may be initiated by an application of
the owner(s) of the subject property.
C.
Application requirements. All applications for proposed conditional
uses shall be approved as complete by the Zoning Administrator prior
to the initiation of the procedure. The submittal of an application
to the Village Administrator to initiate this procedure shall not
occur until the Zoning Administrator has certified acceptance of the
complete application by the Village Administrator. No placement of
the application on any agenda, as an item to be acted upon, shall
occur unless said certification has occurred. The item may be placed
on any agenda as a discussion-only item, with the permission of the
Zoning Administrator, without an application. Prior to the submittal
of the official notice regarding the application to the newspaper
by the Village Administrator, the applicant shall provide the Village
Administrator with 20 copies of the complete application as certified
by the Zoning Administrator. At the discretion of the Zoning Administrator,
in lieu of the 20 copies the Village may accept one hard copy and
a digital submittal of all application materials in a format deemed
acceptable to Village Staff. Said complete application shall consist
of the following:
[Amended 2-19-2018 by Ord. No. 02-2018]
(1)
A map of the subject property showing all lands for which the conditional
use is proposed, and all other lands within 400 feet of the boundaries
of the subject property, together with the names and addresses of
the owners of all lands on said map as the same appear on the current
records of the Register of Deeds of Dane County (as provided by the
Village of Cottage Grove). Said map shall clearly indicate the current
zoning of the subject property and its environs and the jurisdiction(s)
that maintains that control. Said map and all its parts and attachments
shall be submitted in a form which is clearly reproducible with a
photocopier, or as a digital file, and shall be at a scale which is
not less than one inch equals 800 feet. All lot dimensions of the
subject property, a graphic scale and a north arrow shall be provided.
(2)
A map, such as the Land Use Plan Map, of the generalized
location of the subject property in relation to the Village as a whole.
(3)
A written description of the proposed conditional
use describing the type of activities, buildings and structures proposed
for the subject property and their general locations.
(4)
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 325-112. If the proposed conditional use is a group development, a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan.
(5)
The applicant shall provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by the compliance with the standards set forth in § 325-111D(2)(a) through (f) below.
D.
Review by Zoning Administrator. The proposed conditional
use shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the
application is complete and fulfills the requirements of this chapter.
If the Zoning Administrator determines that the application is not
complete or does not fulfill the requirements of this chapter, he
shall return the application to the applicant. If the Zoning Administrator
determines that the application is complete, he shall so notify the
applicant.
(2)
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per § 325-111C(5) above. The Zoning Administrator shall also evaluate the application to determine whether the requested use is in harmony with the recommendations of the Village's Comprehensive Master Plan, particularly as evidenced by compliance with the standards of § 325-111D(2)(a) through (f) below:
(a)
The proposed conditional use (the use in general,
independent of its location) is in harmony with the purposes, goals,
objectives, policies and standards of the Village of Cottage Grove's
Comprehensive Master Plan, this chapter and any other plan, program
or ordinance adopted or under consideration pursuant to official notice
by the Village.
(b)
The proposed conditional use (in its specific
location) is in harmony with the purposes, goals, objectives, policies
and standards of the Village's Comprehensive Master Plan, this chapter
and any other plan, program or ordinance adopted or under consideration
pursuant to official notice by the Village.
(c)
The proposed conditional use, in its proposed location and as depicted on the required site plan [see § 325-111C(4) above], does not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Master Plan or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide development.
(d)
The proposed conditional use maintains the desired
consistency of land uses, land use intensities and land use impacts
as related to the environs of the subject property.
(e)
The proposed conditional use is located in an
area that will be adequately served by, and will not impose an undue
burden on, any of the improvements, facilities, utilities or services
provided by public agencies serving the subject property.
(f)
The potential public benefits of the proposed conditional use outweigh all potential adverse impacts of the proposed conditional use [as identified in § 325-111D(2)(a) through (e) above], after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.
(3)
The Zoning Administrator shall forward the report per Subsection B to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Village's Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
E.
Review, public hearing and recommendation by Plan Commission. The
Village Board shall not approve a conditional use without allowing
for a recommendation from the Plan Commission per the provisions of
this section.
(1)
The Plan Commission shall schedule a reasonable time and place for
a public hearing to consider the application within 45 days after
the acceptance and determination of the complete application as determined
by the Zoning Administrator. The applicant may appear in person, by
agent, and/or by attorney. The Plan Commission shall hold a public
hearing upon each rezoning petition giving Class 2 Notice, and by
mailing notice to owners of properties located within 400 feet of
the area proposed to be subject to the conditional use permit, as
determined using Dane County land records. Said notice shall contain
a description of the proposed conditional use. In addition, at least
10 days before said public hearing, the Village Administrator shall
mail an identical notice to the applicant and to the Clerk of any
municipality whose boundaries are within 1,000 feet of the affected
parcel. Failure to mail said notice, provided it is unintentional,
shall not invalidate proceedings under this section.
[Amended 4-21-2014 by Ord. No. 03-2014; 2-19-2018 by Ord. No. 02-2018]
(2)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Village Board stating its findings regarding § 325-111D above and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of § 325-111D(2)(a) through (f) above.
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application (and in the absence of an applicant-approved extension per Subsection B above), then the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection A above shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of § 325-111E(1) above.
(4)
If the Plan Commission recommends approval (or denial) of an application, it shall state in the minutes, or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed conditional use outweigh (or do not outweigh) any and all potential adverse impacts of the proposed conditional use, as identified in § 325-77 B(1) through (6) above, after taking into consideration the proposal by the applicant.
F.
Review and action by Village Board. The Village Board
shall consider the Plan Commission's recommendation regarding the
proposed conditional use. The Board may request further information
and/or additional reports from the Plan Commission, Zoning Administrator
and/or the applicant. The Board may take final action on the application
at the time of its initial meeting or may continue the proceedings
at the applicant's request. Village Board may approve the conditional
use as originally proposed, may approve the proposed conditional use
with modifications (per the recommendations of the Zoning Administrator,
the Plan Commission, authorized outside experts or its own members)
or may deny approval of the proposed conditional use. If the Village
Board wishes to make significant changes in the proposed conditional
use, as recommended by the Plan Commission, then the procedure set
forth in s. 62.23(7)(d) of the Wisconsin Statutes shall be followed
prior to Board action. Any action to amend the provisions of the proposed
conditional use, or reverse the recommendation of the Plan Commission,
requires five votes of the Board regardless of quorum size. The Village
Board's approval of the requested conditional use shall be considered
the approval of a unique request and shall not be construed as precedent
for any other proposed conditional use.
G.
Effect of denial. No application which has been denied
(either wholly or in part) shall be resubmitted for a period of 12
months from the date of said order of denial, except on grounds of
new evidence, or proof of change of factors, that is found to be valid
by the Zoning Administrator.
H.
Termination of approved conditional use. Upon approval by the Village Board, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property. Once a conditional use is granted, no erosion control permit, site plan approval, certificate of occupancy or building permit shall be issued for any development that does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in § 325-111B through § 325-111G above.
I.
Time limits on development of conditional use. The
start of construction of any and all conditional uses shall be initiated
within 365 days of their approval by the Village Board and shall be
operational within 730 days of said approval. Failure to initiate
development within this period shall automatically constitute a revocation
of the conditional use. For the purposes of this section, "operational"
shall be defined as the granting of a certificate of occupancy for
the conditional use. Prior to such a revocation, the applicant may
request an extension of this period. Said request shall require formal
approval by the Village Board and shall be based upon a showing of
acceptable justification (as determined by the Village Board).
J.
Discontinuing an approved conditional use. Any and
all conditional uses which have been discontinued for a period exceeding
365 days shall have their conditional use invalidated automatically.
The burden of proof shall be on the property owner to conclusively
demonstrate that the subject conditional use was operational during
this period.
K.
Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property, except where limited explicitly by the Village Board. Modification, alteration or expansion of any conditional use in violation as approved per § 325-111F above, without approval by the Village Board, shall be grounds for revocation of said conditional use approval per § 325-111H above. For bed-and-breakfast land uses, the granting of a conditional use permit shall be valid while said property is owned by the owner at time of conditional use approval.
M.
Notice to Department of Natural Resources. The Plan
Commission shall transmit a copy of each application for a conditional
use for conservancy regulations in the shoreland-wetland, floodway,
floodplain or flood fringe to the Wisconsin Department of Natural
Resources (DNR) for review and comment at least 10 days prior to any
public hearings. Final action on the application shall not be taken
for 30 days or until the DNR has made its recommendation, whichever
comes first. A copy of all decisions relating to conditional uses
for shoreland-wetland conservancy regulations or to floodland regulations
shall be transmitted to the DNR within 10 days of the date of such
decision.
N.
Land uses previously permitted now regulated as conditional
uses. A use now regulated as a conditional use which was approved
as a legal land use, either permitted by right or as a conditional
use, prior to the effective date of this chapter shall be considered
as a legal conforming land use so long as the previously approved
conditions of use and site plan are followed. Any modification of
the previously approved conditions of use or site plan shall require
application and Village consideration under this article.
O.
Fees. One or more fees are required for this procedure.
Refer to the Village Administrator.
A.
Purpose. The purpose of this article is to specify
the requirements and procedures for the review and approval of site
plan applications. The provisions of this article are designed to
ensure that all proposed land use and development activity complies
with the requirements of this chapter. Specifically, this article
requires that the initiation of all development activity (including
building permits, zoning certificates, occupancy permits for a change
of use of an existing lot or structure where there is contemplated
a site plan revision, clear cutting, grading or filling) require the
approval of site, building and operational plans by the Village staff
before the building, occupancy and zoning permits can be issued; except,
however, that development activity associated with an approved final
plat of subdivision or certified survey map for single-family and/or
duplex dwelling units and development activity associated with the
full and complete implementation of a project approved within the
implementation phase of the planned unit development district is exempt
from this requirement; however, a survey prepared and certified by
a registered surveyor shall be prepared for any proposed development
activity for such uses.
B.
Initiation of site plan procedure.
[Amended 4-21-2014 by Ord. No. 03-2014]
(1)
Initiation of request for approval of a site plan.
Procedures for approval of a site plan shall be initiated by the owner(s)
of the subject property or their legally authorized representative(s).
(2)
Preapplication meeting. The petitioner is encouraged to first meet
with the Zoning Administrator and other applicable Village staff to
discuss preliminary concepts and plans for the development. Guidance
will be provided to the petitioner on technical requirements and procedures,
and a timetable for project review may be discussed.
C.
Application requirements. All applications for proposed
site plans shall be approved as complete by the Zoning Administrator
prior to the formal initiation of this procedure. The submittal of
an application to the Zoning Administrator to initiate this procedure
shall not occur until the Zoning Administrator has certified acceptance
of the complete application. No placement of the application on any
agenda, as an item to be acted upon, shall occur unless said certification
has occurred. Said complete application shall be comprised of all
of the following (The Zoning Administrator may waive any requirements
deemed by the Administrator to be not applicable.):
[Amended 4-21-2014 by Ord. No. 03-2014]
(1)
Written description of the intended use describing
in reasonable detail the:
(a)
Existing zoning district(s) [and proposed zoning
district(s) if different].
(b)
Land use plan map designation(s).
(c)
Description of existing environmental features.
(d)
Current land uses present on the subject property.
(e)
Proposed land uses for the subject property.
(f)
Projected number of residents, employees and
daily customers.
(g)
Proposed amount of dwelling units, floor area,
impervious surface area and landscape surface area and resulting site
density, floor area ratio, impervious surface area ratio and landscape
surface area ratio.
(h)
Operational considerations relating to hours
of operation, projected normal and peak water usage, sanitary sewer
or septic loadings and traffic generation.
(i)
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article VI, including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Article VI), then the statement "The proposed development shall comply with all requirements of Article VI" shall be provided.
(j)
Exterior building and fencing materials.
(k)
Possible future expansion and related implications for § 325-112C(1)(a) through (j) above.
(l)
Any other information pertinent to adequate
understanding by the Plan Commission of the intended use and its relation
to nearby properties.
(2)
A small location map scalable at 11 inches by 17 inches
showing the subject property, all properties within 300 feet and illustrating
its relationship to the nearest street intersection. (A photocopy
of the pertinent section of the Village's Official Zoning Map with
the subject property clearly indicated shall suffice to meet this
requirement.)
(3)
A property site plan drawing (and reduction scalable
at 11 inches by 17 inches) which includes:
(a)
A title block which indicates the name, address
and phone number(s) of the current property owner and/or agent(s)
(developer, architect, engineer, planner) for the project.
(b)
The date of the original plan and the latest
date of revision to the plan.
(c)
A North arrow and a graphic scale. Said scale
shall not be smaller than one inch equals 100 feet.
(d)
A legal description of the subject property.
(e)
All property lines and existing and proposed
right-of-way lines with bearings and dimensions clearly labeled.
(f)
All existing and proposed easement lines and
dimensions with a key provided and explained on the margins of the
plan as to ownership and purpose.
(g)
All required building setback lines.
(h)
All existing and proposed buildings, structures
and paved areas, including building entrances, walks, drives, decks,
patios, fences, walls and utility and drainage systems, connections
and fixtures.
(i)
The location and dimension (cross section and
entry throat) of all access points onto public streets.
(j)
The location and dimension of all on-site parking
(and off-site parking provisions if they are to be employed), including
a summary of the number of parking stalls provided versus required
by this chapter.
(k)
The location and dimension of all loading and
service areas on the subject property and labels indicating the dimension
of such areas.
(l)
The location of all outdoor storage areas and
the design of all screening devices.
(m)
The location, type, height, size and lighting
of all signage on the subject property.
(n)
The location, height, design/type, illumination
power and orientation of all exterior lighting on the subject property,
including the clear demonstration of compliance with a limit of 1.0
footcandles at nonresidential property lines and 0.5 footcandles at
residential property lines.
(o)
The location and type of any permanently protected
green space areas.
(p)
The location of existing and proposed drainage
facilities.
(4)
A detailed landscaping plan of the subject property,
at the same scale as the main plan (and reduction scalable at 11 inches
by 17 inches), showing the location of all required bufferyard and
landscaping areas and existing and proposed landscape point fencing
and berm options for meeting said requirements. The landscaping plan
shall demonstrate complete compliance with the requirements of Village
landscaping requirements. (NOTE: the individual plant locations and
species, fencing types and heights and berm heights need to be provided.)
(5)
A grading and erosion control plan at the same scale
as the main plan (and reduction scalable at 11 inches by 17 inches)
showing existing and proposed grades, including retention walls and
related devices, and erosion control measures per Wisconsin Administrative
Code, COMM Chapter 21, Uniform Dwelling Code, and Chapter 65, Commercial
Construction.
(6)
Elevation drawings of proposed buildings or proposed
remodeling of existing buildings showing finished exterior treatment
shall also be submitted, with adequate labels provided to clearly
depict exterior materials, texture, color and overall appearance.
Perspective renderings of the proposed project and/or photos of similar
structures may be submitted, but not in lieu of adequate drawings
showing the actual intended appearance of the buildings.
(7)
A certified survey may be required by the Zoning Administrator
in instances where he determines compliance with setback requirements
may be difficult. The survey shall be prepared by a registered land
surveyor and shall depict property lines and proposed buildings, structures
and paved areas.
(8)
A detailed site analysis per the following submission
and review process:
(a)
Purpose. The detailed site analysis required
by this article is designed to provide the clear identification of
permanently protected green space areas on a site which is proposed
for development. The detailed survey work required to identify these
areas accurately on a map is not required prior to the initiation
of development concept plans for an area. A detailed site analysis
shall be performed in conjunction with required land division documents
or development site plans for any and all properties containing permanently
protected natural resource areas as defined by required protected
areas under state or federal regulations, plus all environmental corridor
components and areas identified by the Village's Comprehensive Master
Plan and/or by the Capital Area Regional Planning Commission.
(b)
Description. The detailed site analysis shall
be shown on a map of the subject property which depicts the location
of all protected natural resource areas, as defined by the provisions
of this article, and as located by an on-site survey. The detailed
site analysis shall meet the following requirements:
[1]
Scale. A minimum scale of one inch equals 200
feet shall be used.
[2]
Topography. Topographic information is not required
for any property that does not contain steep slopes (as designated
on the Official Zoning Map). For such properties, topographic information
with a minimum contour interval of two feet is required.
[3]
Specific natural resources areas. All natural
resource areas which require protection under state or federal law
and all components of the environmental corridors identified on the
Village Plan shall be accurately outlined and clearly labeled. Particular
care as to clarity shall be taken in areas where different resource
types overlap with one another.
[4]
Development pads.
[a]
All site disruption (including
selective cutting) proposed to occur within permanently protected
natural resource areas shall be limited to development pads. Development
pads shall be depicted on the detailed site analysis map, site plans
required for development permits and the recorded plat of subdivision
or certified survey map.
[b]
Beyond visible damage to natural
resources, vegetation, soil and drainage patterns, site disruption
activities shall not compact soil covering tree roots or otherwise
damage trees beyond the area from which trees are to be removed. All
trees with calipers exceeding three inches, whose canopies are located
adjacent to disturbed areas, which die within a period of five years
following site disruption, shall be replaced by the property owner
with a three-inch caliper tree of the same type (canopy or understory).
Therefore, care shall be taken to ensure that equipment and actions
associated with permitted site disruption activities are limited to
the area in which they are permitted. Property owners are advised
to consider addressing this replacement requirement in written agreements
with their contractor(s). The use of snow fences and other barriers
to outline development pads during disruption activity is strongly
recommended to limit the extent of inadvertent compaction or other
disturbance of earth and collision damage to vegetation intended for
protection. Such barriers should be placed no closer to protected
trees than a point on the ground directly under their outer canopy
edge.
[5]
Mitigation areas. All mitigation areas related
to the provisions of this chapter shall be depicted on the detailed
site analysis map with notations provided which describe the mitigation
techniques employed.
(c)
Required procedure for submission and review
of detailed site analysis.
[1]
Required timing of submission. The detailed
site analysis map shall be submitted to the Zoning Administrator for
initial review prior to, or concurrently with, the submission of the
preliminary plat of subdivision or the certified survey map; or if
the proposed development does not involve a land division, then submittal
is required as an attachment to a required site plan. A concept plan
of the proposed development may be submitted prior to the submission
of the detailed site analysis map, however, in no way does the acceptance
and/or general approval of the concept plan indicate the approval
of natural resource feature locations. A detailed site analysis map
prepared for the subject property that has been previously approved
by Village staff may be submitted for any subsequent development activity
on the site. However, modifications to such a previously approved
map will be required if the analysis is no longer accurate for the
subject property.
[2]
Review by Village staff. Village staff shall
review the submitted detailed site analysis map for general compliance
with the following data sources:
[a]
The Official Zoning Map;
[b]
Applicable USGS 7.5 minute topographic
maps for the Village of Cottage Grove and its environs;
[c]
Air photos of the subject property;
[d]
USGS Quads and other sources of
topographic information;
[e]
Applicable FEMA and related floodplain
maps;
[f]
Applicable federal and state wetland
inventory maps;
[g]
(The Village of Cottage Grove Comprehensive
Master Plan; and
[h]
Site visits. The Zoning Administrator
shall provide the petitioner with a written evaluation of the submitted
detailed site analysis map which shall indicate the acceptance by
Village staff; or the need for further analysis work, discussion with
the petitioner and/or staff-recognized experts or a joint site visit.
[3]
Modification of detailed site analysis map.
If necessary, as determined by Village staff, revised detailed site
analysis maps shall be prepared and submitted for review by Village
staff until a version is deemed acceptable. Staff review of the detailed
site analysis map may be appealed to the Zoning Board of Appeals as
a matter of ordinance interpretation.
[4]
Acceptance of detailed site analysis map. Upon
notification of acceptance by Village staff (or, in case of appeal,
by determination of the Zoning Board of Appeals), the petitioner may
proceed with the submittal of necessary development documents.
(d)
Integration of detailed site analysis information
with required development and/or land division documents. Information
contained on the detailed site analysis map relating to the boundaries
of permanently protected green space areas (including natural resource
protection areas, other permanently protected green space areas and
required mitigation areas) shall be clearly depicted on any and all
site plans required as a precondition for application for any development
permit (such as a building permit) and on any proposed plat of subdivision
or certified survey map.
D.
Review of complete application by Plan Commission
and Village Board.
[Amended 4-21-2014 by Ord. No. 03-2014]
(1)
The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of this chapter to ensure attractive, efficient and appropriate development of land in the community and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. Beyond protection of the public health, safety and welfare, this article shall enable the Plan Commission to consider factors related to community aesthetics, urban design and architectural consistency within the community. If the Plan Commission acts to approve or approve with conditions, the proposal shall be forwarded to the Village Board for final approval. The Plan Commission and Village Board, in reviewing the application, may require such additional measures and/or modifications to any or all elements of the site plan as described in the application submittal required per § 325-112C(1) through (8) as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission and Village Board may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission and Village Board; or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission and Village Board to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission or Village Board, or per Subsection F(1) below.
(2)
In reviewing said application, the Plan Commission and Village Board, or the Zoning Administrator per Subsection F(1) below, shall make findings on each of the following criteria to determine whether the submitted site plan shall be approved, approved with modification or denied:
(a)
All standards of this chapter and other applicable
Village, state and federal regulations are met;
(b)
The public health and safety is not endangered;
(c)
Adequate public facilities and utilities are
provided;
(d)
Adequate control of stormwater and erosion are
provided and the disruption of existing topography, drainage patterns
and vegetative cover is maintained insofar as is practical;
(e)
Appropriate traffic control and parking are
provided;
(f)
Appropriate landscaping and open space areas
are provided;
(g)
The appearance of structures maintains a consistency of design, materials, colors and arrangement with nearby properties of similar use, which comply with the general architectural guidelines provided in § 325-112D(2)(g)[1] through [5] below:
[1]
Exterior construction materials shall be of
high quality.
[2]
Exterior building design or appearance shall
not be of such unorthodox or abnormal character in relation to its
surroundings as to be unsightly or offensive to generally accepted
taste and community standards.
[3]
Exterior building design or appearance shall
not be so identical with nearby buildings so as to create excessive
monotony or drabness. A minimum of five basic home styles shall be
provided in each residential subdivision.
[4]
Exterior building design or appearance shall
not be constructed or faced with an exterior material which is aesthetically
incompatible with other nearby buildings or which presents an unattractive
appearance to the public and from surrounding properties.
[5]
Exterior building, sign and lighting design
or appearance shall not be sited on the property in a manner that
would unnecessarily destroy or substantially damage the natural beauty
of the area.
E.
Initiation of land use or development activity. Except
with the written permission of the Zoning Administrator, absolutely
no land use or development activity, including site clearing, grubbing
or grading, shall occur on the subject property prior to the approval
of the required site plan. Any such activity prior to such approval
shall be a violation of this chapter and shall be subject to all applicable
enforcement mechanisms and penalties.
F.
Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of § 325-112B and C above, except under conditions described by Subsection F(1) below, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
[Amended 4-21-2014 by Ord. No. 03-2014]
(1)
Minor site plan amendment. A proposed amendment to an approved site plan, which has a projected cost less than 10% of the assessed value of the property and not exceeding $150,000, shall be deemed a minor site plan amendment and may be approved by the Zoning Administrator without Plan Commission and Village Board approval. Such projects are subject to all of the application and submittal requirements, and approval criteria of this section. Proposed amendments that potentially affect traffic patterns in a public right-of-way or which have the potential to negatively impact adjacent properties shall be referred to the Plan Commission and Village Board for approval, regardless of project cost. The Zoning Administrator withholds the authority to designate any project for Plan Commission and Village Board approval as described in Subsection D.
G.
Sunset clause. All buildings on an approved site plan not fully developed
within two years of final Village Board approval shall expire, and
all other portions of a project on an approved site plan not fully
developed within a period of five years of final Village Board approval
shall expire, and no additional site plan development shall be permitted
on undeveloped portions of the subject property without reapproval
via the process described in this section. The Village Board may extend
this period, as requested per the applicant, through the conditional
use process following a public hearing.
[Amended 4-21-2014 by Ord. No. 03-2014]
H.
Fee. A fee is required for this procedure. Refer to
the Village Administrator.
Requests for a variance from the requirements of this chapter must be made to the Village of Cottage Grove Zoning Board of Appeals, in accordance with § 325-114 of this chapter, Chapter 12, Boards, Committees and Commissions, § 12-7, of the Village of Cottage Grove Municipal Code and s. 62.23(7)(e), Wis. Stats.
A.
Purpose.
(1)
The purpose of this article is to provide regulations
which govern the procedure and requirements for the review and approval,
or denial, of proposed planned unit developments (PUDs), and to provide
for the possible relaxation of certain development standards pertaining
to standard zoning districts.
(2)
Planned unit developments are intended to provide more incentives for development and redevelopment in areas of the community, which are experiencing a lack of significant reinvestment, and/or to accommodate forms of development that forward public and private objectives that are not possible within standard zoning districts. Furthermore, planned unit developments are designed to forward both the aesthetic and economic development objectives of the Village by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping and parking requirements. Variation from certain provisions of Chapter 274, Subdivision of Land, Official Map requirements and other development-related regulations may also be sought under this process. In exchange for such flexibility, the planned unit development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.
(3)
Planned unit developments have the potential to create
undesirable impacts on nearby properties if allowed to develop simply
under the general requirements of this chapter in combination with
regulatory flexibility. In addition to such potential, planned unit
developments also have the potential to create undesirable impacts
on nearby properties which potentially cannot be determined except
with a binding site plan, landscape plan and architectural plan and
on a case-by-case basis. In order to prevent these adverse impacts
from occurring, all planned unit developments are required to meet
certain procedural requirements applicable only to planned unit developments,
in addition to the general requirements of this chapter. A public
hearing process is required to review a request for a planned unit
development. This process shall essentially combine the process for
a Zoning Map amendment with that required for a conditional use, with
several additional requirements.
(4)
Where a variation is required from the standards of Chapter 274, Subdivision of Land, or other municipal ordinance, that variation procedure is required by state statutes, but the details of the variance proposal, and its justification, should be directly addressed in this planned unit development process. Where an amendment is sought to an adopted municipal plan or Official Map, that amendment process shall be followed, but the details of the amendment proposal, and its justification, should be directly addressed in this planned unit development process.
B.
Provision of flexible development standards.
(2)
Flexible development standards. The following exemptions
to the development standards of the most comparable standard zoning
district(s) may be provided with the approval of a planned unit development:
(a)
Land use requirements. All land uses considered
as residential, institutional or commercial may be permitted within
a planned unit development as specified for the approved planned unit
development.
(b)
Density and intensity requirements. All requirements
listed for residential density (number of dwelling units per acre)
and nonresidential intensity (percentage of lot area compared to total
floor area and impervious surface area) may be waived or modified
within a planned unit development as specified for the approved planned
unit development.
(c)
Bulk requirements. All bulk requirements (building
setback and height) may be waived or modified within a planned unit
development as specified for the approved planned unit development.
(d)
Landscaping requirements. All landscaping requirements
may be waived or modified within a planned unit development as specified
for the approved planned unit development.
(e)
Parking and loading requirements. All requirements
for off-street parking, traffic circulation and off-street loading
may be waived or modified within a planned unit development as specified
for the approved planned unit development.
(f)
Other development requirements imposed by the ordinance or plan. Requirements of Chapter 274, Subdivision of Land, the Official Map, or other local regulations or plans may be waived or modified in a planned unit development as specified for the approved planned unit development. It is not the intent of this section that parkland dedication requirements, park improvement fees, or fees in lieu of parkland dedication as defined by Chapter 274 shall be negotiable in a planned unit development, and in cases where a planned unit development creates additional units that were not accounted for at the time of platting, additional parkland dedication or fees in lieu of parkland dedication may be due as described in § 274-66.
[Amended 4-19-2021 by Ord. No. 04-2021]
(3)
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan required by the Village as part of the approved planned unit development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping and parking and loading) is otherwise listed as permitted. Requested exemptions from these zoning standards, and any other Village regulations or plans (such as Chapter 274, Subdivision of Land), shall be made explicit by the applicant in the application and shall be recommended by the Plan Commission and approved explicitly by the Village Board as part of the planned unit development process and through any other required process such as a Chapter 274, Subdivision of Land, variance or plan amendment procedure. If not so requested and approved, such exemptions shall not be permitted.
(4)
Minimum site area requirement. There are no absolute
requirements for minimum area eligible for planned unit development.
However, the proposed site shall be so sized and configured to provide
for a unified planning and development approach with appropriate relationships
to nearby properties.
C.
Initiation of request for approval of planned unit
development. Proceedings for approval of a planned unit development
shall be initiated by:
D.
Application requirements. All applications for proposed planned unit developments, regardless of the party of their initiation per § 325-115C above, shall be certified as complete by the Zoning Administrator a minimum of 20 working days prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the Village Administrator. Said application shall apply to each of the process steps in §§ 325-115F through 325-115H below. With the Plan Commission's approval (and generally for simple PUDs), the applicant may combine PUD process Steps 1 and 2, or Steps 1, 2 and 3.
E.
PUD Process Step 1: preapplication conference.
(1)
The applicant shall contact the Zoning Administrator
to place an informal discussion item for the PUD on the Plan Commission
agenda.
(2)
No details beyond the name of the applicant, the location
of the subject property, a listing of potential land uses and the
identification of the discussion item as a PUD is required to be given
in the agenda.
(3)
At the Plan Commission meeting, the applicant shall
engage in an informal discussion with the Plan Commission regarding
the potential PUD. Appropriate topics for discussion may include the
location of the PUD, general project themes and images, the general
mix of types and/or land uses being considered, approximate residential
densities and nonresidential intensities, the general treatment of
natural features, the general relationship to nearby properties and
public streets and relationship to the Comprehensive Master Plan.
(4)
Points of discussion and conclusions reached in this
stage of the process shall be in no way be binding upon the applicant
or the Village, but should be considered as the informal, nonbinding
basis for proceeding to the next step.
F.
PUD Process Step 2: concept plan.
(1)
The applicant shall provide the Zoning Administrator
with a draft PUD concept plan submittal packet for a determination
of completeness prior to placing the proposed PUD on the Plan Commission
agenda for concept plan review. This submittal packet shall contain
all of the following items, prior to its acceptance by the Zoning
Administrator and placement on the agenda for concept plan review:
(a)
A location map of the subject property and its
vicinity at 11 inches by 17 inches, as depicted on a copy of the Village
of Cottage Grove Comprehensive Master Plan Land Use Plan Map.
(b)
A general written description of proposed PUD
including:
[1]
General project themes and images.
[2]
The general mix of dwelling unit types and/or
land uses.
[3]
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, floor area ratio
(total building floor area divided by site area) and impervious surface
area ratio (total impervious surface area divided by site area).
[4]
The general treatment of natural features.
[5]
The general relationship to nearby properties
and public streets.
[6]
The general relationship of the project to the
Comprehensive Master Plan.
(c)
A written description of potentially requested
exemption from the requirements of the most comparable standard zoning
district(s), including:
[1]
Land use exemptions.
[2]
Density and intensity exemptions.
[3]
Bulk exemptions.
[4]
Access, parking and loading exemptions.
[5]
Landscaping exceptions.
[6]
Exemptions related to other municipal ordinances
and plans. The purpose of this listing shall be to provide the Plan
Commission with information necessary to determine the relative merits
of the project in regard to private benefit versus public benefit
and in regard to the mitigation of potential adverse impacts created
by design flexibility.
(d)
A conceptual plan drawing (scalable at 11 inches
by 17 inches) of the general land use layout and location of major
public streets and/or private drives. The applicant may submit copies
of a larger version in addition to the scalable 11 inches by 17 inches.
(2)
Within 10 working days of receiving the draft PUD
concept plan submittal packet, the Zoning Administrator shall determine
whether the submittal is complete. Once the Zoning Administrator has
received a complete packet, the proposed PUD concept plan shall be
placed on the Plan Commission agenda.
(3)
At the Plan Commission meeting, the applicant shall
engage in an informal discussion regarding the conceptual PUD. Appropriate
topics for discussion may include any of the information provided
in the PUD concept plan submittal packet or other items as determined
by the Plan Commission.
(4)
Points of discussion and conclusions reached in this
stage of the process shall in no way be binding upon the applicant
or the Village, but should be considered as the informal, nonbinding
basis for proceeding to the next step. The preferred procedure is
for one or more iterations of Plan Commission review of the concept
plan to occur prior to introduction of the formal petition for rezoning
via the GDP application.
(5)
Informational public meetings. The owner, developer, or applicant
shall hold one or more informational meetings or open houses with
the community as determined by the Plan Commission and/or Village
Board prior to submitting a general development plan.
[Added 2-19-2018 by Ord.
No. 02-2018]
G.
PUD Process Step 3: general development plan (GDP).
(1)
The applicant shall provide the Zoning Administrator
with a draft GDP plan submittal packet for a determination of completeness
prior to placing the proposed GDP on the Plan Commission agenda for
GDP review. This submittal packet shall contain all of the following
items, prior to its acceptance by the Zoning Administrator and placement
of the item on a Plan Commission agenda for GDP review:
(a)
A location map of the subject property and its
vicinity at 11 inches by 17 inches, as depicted on a copy of the Village
of Cottage Grove Comprehensive Master Plan Land Use Plan Map.
(b)
A vicinity map of the subject property showing all lands for
which the planned unit development is proposed and all other lands
within 400 feet of the boundaries of the subject property, together
with the names and addresses of the owners of all lands on said map
as the same appear on the current records of the Register of Deeds
of Dane County. Said map shall clearly indicate the current zoning
of the subject property and its environs and the jurisdiction(s) that
maintains that control. Said map and all its parts and attachments
shall be submitted in a form which is clearly reproducible with a
photocopier and shall be at a scale which is not less than one inch
equals 800 feet. All lot dimensions of the subject property, a graphic
scale and a north arrow shall be provided.
[Amended 2-19-2018 by Ord. No. 02-2018]
(c)
A general written description of proposed PUD
including:
[1]
General project themes and images.
[2]
The general mix of land uses, including (if
applicable) dwelling unit types.
[3]
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, floor area ratio
(the total floor area divided by the site area) and impervious surface
area ratio (the total impervious surface area divided by the site
area).
[4]
The general treatment of natural features.
[5]
The general relationship to nearby properties,
streets, utilities and facilities.
[6]
The general relationship of the project to the
Comprehensive Master Plan.
[7]
A statement of rationale as to why PUD zoning
is proposed. This shall identify barriers that the applicant perceives
in the form of the requirements of standard zoning districts and the
opportunities for community betterment the applicant suggests are
available through the proposed PUD zoning.
[8]
A complete list and description of zoning standards
of the most comparable standard zoning district(s) which will not
be met by the proposed PUD and the location(s) in which they apply
and a complete list of zoning standards which will be more than met
by the proposed PUD and the location(s) in which they apply shall
be identified. The purpose of this list shall be to provide the Plan
Commission with information necessary to determine the relative merits
of the project in regard to private benefit versus public benefit
and in regard to the mitigation of potential adverse impacts created
by design flexibility. List items shall be provided, including:
(d)
A general development plan drawing, at a minimum
scale of one inch equals 100 feet (11 inches by 17 inches scalable
reduction shall also be provided by the applicant), of the proposed
project showing at least the following information in sufficient detail
to make an evaluation against criteria for approval:
[1]
A conceptual plan drawing (scalable at 11 inches
by 17 inches) of the general land use layout and the general location
of major public streets and/or private drives. The applicant may submit
copies of a larger version of the "bubble plan" in addition to the
11 inches by 17 inches scalable reduction.
[2]
Location of recreational and open space areas
and facilities and specifically describing those that are to be reserved
or dedicated for public acquisition and use.
[3]
Statistical data on minimum lot sizes in the
development, the approximate areas of large development lots and pads,
density/intensity of various parts of the development, floor area
ratio, impervious surface area ratio and landscape surface area ratio
of various land uses, expected staging and any other plans required
by the Plan Commission or Village Board.
[4]
Notations relating the written information provided in § 325-115G(1)(c)[1] through [6] above to specific areas on the GDP drawing.
(e)
A general conceptual landscaping plan for subject
property, noting in text and/or general map labels, the anticipated
general compliance with requirements for the locations of foundation,
street, yard and paving, landscaping and anticipated instances of
noncompliance with the landscaping requirements of this chapter (as
noted in the listing of exceptions) and the anticipated use of extra
landscaping and bufferyards. Land uses exempted by this chapter from
required landscaping such as agricultural uses and detached single-family
dwellings are not required to provide conceptual or detailed landscaping
plans.
(f)
For single-building planned unit developments,
a series of general conceptual building elevations depicting the general
architectural theme for the planned unit development, including notes
as to the general range of materials and colors proposed. For multibuilding
planned unit developments, a written description of the proposed range
of architectural character(s) for the planned unit development and
sample drawings and/or photos for this project or other developments
that provide visual examples of such character(s).
(g)
A general conceptual signage plan for the project,
including project identification signs, concepts for public fixtures
and signs (such as streetlight fixtures and/or poles or street sign
faces and/or poles) and group development signs which are proposed
to vary from Village standards or common practices.
(h)
Written justification for the proposed planned
unit development. (The applicant is advised to use the requirements
of the Zoning Map amendment procedure to develop said written justification.)
The applicant must demonstrate that the generally desired balance
between public and private benefits associated with standard development
is improved in the public's favor with the approval of the proposed
planned unit development.
(2)
The process and fees for review and approval of the
GDP shall be $300, plus reimbursement of municipal consultant costs,
and (if land is to be divided) in addition to that for preliminary
and final plats of subdivision per the Municipal Code.[1]
[1]
Editor's Note: Fees are now set by resolution
of the Village Board. The current fee resolution is on file in the
office of the Village Clerk.
(3)
Prior to the Plan Commission recommendation to the
Village Board for approval, approval with modification or denial,
a public hearing shall be held to consider the proposed GDP. The procedures
used for amendments to the Official Zoning Map shall be followed for
this process.
(4)
All portions of an approved PUD/GDP not fully improved
with public improvements within 10 years of final Village Board approval
shall expire, and no additional PUD-based development within the lapsed
PUD shall be permitted. The Village Board shall extend this ten-year
period by up to 10 additional years unless the Village Board makes
a formal finding of fact related to changed or changing conditions
in or around the PUD that clearly indicated that completion of the
PUD poses a threat to the general public interest, via a majority
vote following a public hearing.
H.
PUD Process Step 4: precise implementation plan (PIP).
(1)
After the effective date of the rezoning to PUD/GDP,
the applicant may file an application for a proposed precise implementation
plan (PIP) with the Plan Commission. This submittal packet shall contain
all of the following items prior to its acceptance by the Zoning Administrator
and placement of the item on a Commission agenda for PUD review:
(a)
A location map of the subject property and its
vicinity at 11 inches by 17 inches, as depicted on a copy of the Village
of Cottage Grove Land Use Plan Map.
(b)
A vicinity map of the subject property showing
all lands for which the planned unit development is proposed and all
other lands within 300 feet of the boundaries of the subject property,
together with the names and addresses of the owners of all lands on
said map as the same appear on the current records of the Register
of Deeds of Dane County. Said map shall clearly indicate the current
zoning of the subject property and its environs and the jurisdiction(s)
that maintains that control. Said map and all its parts and attachments
shall be submitted in a form which is clearly reproducible with a
photocopier and shall be at a scale which is not less than one inch
equals 800 feet. All lot dimensions of the subject property, a graphic
scale and a North arrow shall be provided.
(c)
A general written description of proposed PIP
including:
[1]
Specific project themes and images.
[2]
The specific mix of land uses, including (if
applicable) dwelling unit types.
[3]
Specific residential densities and nonresidential
intensities as described by dwelling units per acre, floor area ratio
(the total floor area divided by the site area) and impervious surface
area ratio (the total impervious surface area divided by the site
area).
[4]
The specific treatment of natural features.
[5]
The specific relationship to nearby properties
and to public streets, utilities and facilities.
[6]
A statement of rationale as to why PUD zoning
is proposed. This shall identify the barriers that the applicant perceives
in the form of requirements of standard zoning districts and the opportunities
for community betterment the applicant suggests are available through
the proposed PUD zoning.
[7]
A complete list of zoning standards of the most
comparable standard zoning district(s) which will not be met by the
proposed PIP and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PIP and the location(s) in which they apply shall be identified. The
purpose of this list shall be to provide the Plan Commission with
information necessary to determine the relative merits of the project
in regard to private benefit versus public benefit and in regard to
the mitigation of potential adverse impacts created by design flexibility.
List items shall include:
(d)
A precise implementation plan drawing, at a
minimum scale of one inch equals 100 feet (11 inches by 17 inches
scalable reduction shall also be provided by the applicant), of the
proposed project showing at least the following information in sufficient
detail to make an evaluation against criteria for approval:
[1]
A PIP site plan conforming to any and all the
requirements of the site plan review and approval procedures required
by the Village. If the proposed planned unit development is a cluster
development or a group development, a proposed preliminary plat or
conceptual plat shall be provided in addition to the required site
plan.
[2]
Location of recreational and open space areas
and facilities and specifically describing those that are to be reserved
or dedicated for public acquisition and use.
[3]
Statistical data on minimum lot sizes in the
development, the precise areas of all development lots and pads, density/intensity
of various parts of the development, floor area ratio, impervious
surface area ratio and landscape surface area ratio of various land
uses, expected staging and any other plans required by the Plan Commission
or Village Board.
[4]
Notations relating the written information provided in § 325-115G(1)(c)[1] through [5] above to specific areas on the PIP drawing.
(e)
A landscaping plan for subject property, specifying
the location, species and installed size of all trees and shrubs.
This plan shall also include a chart that provides a cumulative total
for each species, type and required location (foundation, yard, street,
paved area or bufferyard) of all plants. Land uses exempted by this
chapter from required landscaping such as agricultural uses and detached
single-family dwellings are not required to provide conceptual or
detailed landscaping plans.
(f)
A series of building elevations for the entire
exterior of all buildings in the PUD, including detailed notes as
to the materials and colors proposed except for single-family detached
and duplex dwellings which shall follow general design guidelines
established by the developer and approved as part of the PIP.
(g)
A general signage plan for the project, including
all project identification signs, concepts for public fixtures and
signs (such as streetlight fixtures and/or poles or street sign faces
and/or poles) and group development signage themes which are proposed
to vary from Village standards or common practices.
(h)
A general outline of the intended organizational
structure for a property owners' association, if any, deed restrictions
and provisions for private provision of common services, if any.
(i)
A written description which demonstrates the
full consistency of the proposed PIP with the approved GDP.
(j)
Any and all deviations between the requirements
of the applicable PUD/GDP zoning district and the proposed PIP development.
(k)
The applicant shall submit proof of financing
capability pertaining to construction and maintenance and operation
of all public and private improvements associated with the proposed
development.
(l)
The area included in a precise implementation
plan may be only a portion of the area included in a previously approved
general implementation plan.
(m)
The PIP submission may include site plan and
design information as required by the Village, allowing the Plan Commission
to combine design review and review of the PIP. Design review may,
at the choice of the applicant, be deferred until a later time when
specific site and building developments will be brought forth.
(n)
The Plan Commission or Village Board may specify
other plans, documents or schedules that must be submitted prior to
consideration or approval of the PIP, as such may be relevant to review,
as based on potential relationship to the public health, safety and
general welfare.
(2)
The process and fees for review and approval of the
PIP shall be $300, plus reimbursement of municipal consultant costs,
and (if land is to be divided) in addition to that for preliminary
and final plats of subdivision per the Municipal Code.[2] Any land uses otherwise regulated as permitted or special
uses by this chapter shall be reviewed under the procedures for reviewing
a permitted or special use as prescribed by this chapter. Any land
uses otherwise regulated as a conditional use by this chapter shall
be reviewed under the procedures for reviewing a conditional use as
proscribed by this chapter. However, where such conditional uses are
specified in the GDP submittal and approved as part of the GDP, the
conditional use consideration shall be limited to site design and
operational issues and shall not apply to the land use itself.
[2]
Editor's Note: Fees are now set by resolution
of the Village Board. The current fee resolution is on file in the
office of the Village Clerk.
(3)
All portions of an approved PUD/PIP not fully improved
with public improvements within 10 years of final Village Board approval
shall expire, and no additional PUD-based development within the lapsed
PUD shall be permitted. The Village Board shall extend this ten-year
period by up to 10 additional years unless the Board makes a formal
finding of fact related to changed or changing conditions in or around
the PUD that clearly indicated that completion of the PUD poses a
threat to the general public interest, via a majority vote following
a public hearing.
I.
Planned unit development implementation. Upon approval
of a PIP and appropriate land divisions and development agreements
by the Village Board, the applicant may apply for building permits,
zoning and use permits from the Zoning Administrator. Upon granting
of the necessary permits, the applicant may commence construction.
J.
Determination of most comparable standard zoning districts.
The Zoning Administrator shall be responsible for making a determination
as to the most comparable set of standard zoning districts.
A.
Purpose.
(1)
The purpose of this section is to provide regulations
that govern the procedure and requirements for the review and approval,
or denial, of proposed temporary use.
(2)
Temporary uses are those uses that have the potential
to create undesirable impacts on nearby properties if allowed to develop
simply under the general requirements of this chapter. In addition
to such potential, temporary uses also have the potential to create
undesirable impacts on nearby properties that potentially cannot be
determined except on a case-by-case basis. In order to prevent this
from occurring, all temporary uses are required to meet certain procedural
requirements applicable only to temporary uses, in addition to the
general requirements of this chapter and the requirements of the zoning
district in which the subject property is located.
B.
Regulations applicable to all temporary uses. No public
hearing is required to develop a temporary use; however, a demonstration
that the developer proposes to meet all temporary use requirements
of this article must be made at time of site plan application. Furthermore,
no building permit shall be issued for any development that does not
comply with all requirements of this chapter. Any temporary use found
not to be in compliance with the terms of this chapter shall be considered
in violation of this Code and shall be subject to all applicable procedures
and penalties.
C.
Application requirements. All applications for proposed
temporary uses shall be approved as complete by the Zoning Administrator
prior to certification of the proposed temporary use. Said complete
application shall be comprised of all of the following:
(1)
A map of the subject property showing all lands for
which the temporary use is proposed and all other lands within 200
feet of the boundaries of the subject property. Said map shall clearly
indicate the current zoning of the subject property and its environs
and the jurisdiction(s) which maintains that control. Said map and
all its parts and attachments shall be submitted in a form which is
clearly reproducible with a photocopier and shall be at a scale not
less than one inch equals 800 feet. All lot dimensions of the subject
property, a graphic scale and a North arrow shall be provided;
(2)
A map, such as the Land Use Plan Map, of the generalized
location of the subject property in relation to the Village as a whole;
and
(3)
A written description of the proposed temporary use
describing the type of activities, buildings and structures proposed
for the subject property and their general locations.
D.
Approval by the Zoning Administrator. Approval of a temporary use shall be by the Zoning Administrator following review of said complete application per § 325-116C above.
E.
Fee. A fee is required for this procedure. Refer to
the Village Administrator.
