A.   A business park district shall be a planned unit development district by special use of seventy five (75) to two hundred fifty (250) acres ("business park district"). The business park district is intended to provide for a unified development of mixed uses, in a campuslike setting, which will promote and maintain desirable economic activities.

   B.   A business park district, as a planned development, is of such a substantially different character from other planned developments that the public welfare requires that development within the business park district be treated in a different manner from other planned developments. (Ord. 87-29, 6-22-1987; amd. 2012 Code)

   C.   The purpose of this article is to set forth specific standards and exceptions to govern the recommendations of the planning and zoning commission and the action of the board of trustees with respect to granting approvals for such districts and development therein. These regulations are designed to provide for an integrated development considering all the elements of good land planning so as to provide an adequate relationship between structures and land uses, while at the same time providing for adequate space, light, air, use and bulk limitations, and promoting the health, safety and welfare of the village and its residents. (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

   D.   A business park district is a tract of land between seventy five (75) and two hundred fifty (250) acres of contiguous property; provided, that properties separated by highways, streets, public ways or railroad or other public utility rights of way may be deemed to be contiguous for the purpose of qualifying as a business park district.

   E.   After the establishment of a business park district in accordance with procedures set forth in this article, contiguous property of any size may be added to such business park district. All procedures required by this article for the establishment of a business park district, or any other ordinance of the village which refers to or applies to the establishment of a business park district, shall be applicable to the addition of property to such business park district. (Ord. 87-29, 6-22-1987; amd. 2012 Code)

   A.   Permitted And Special Uses: The following permitted and special uses shall be allowed in the district:

      1.   Permitted Uses:

Any municipal or governmental building or use;

Institutions of an educational, governmental, religious, philanthropic or fraternal nature;

Professional and administrative offices (excluding medical and dental) and brokerages, but no goods or retail residential real estate may be offered for sale in the district unless accessory to a principal use located along a major arterial;

Recreational facilities including, but not limited to, golf courses, tennis courts and health clubs;

Technology and research centers, including medical and hospital research establishments; and

Wholesale establishments; storage and warehousing (excluding miniwarehouse facilities) in conjunction with an office use or wholesale establishment. Storage of fuel oil and gasoline shall be prohibited unless incidental to the on site operation and approved by the fire protection district.

      2.   Special Uses: The following uses will be allowed within the district; provided, that:

         a.   Each use shall be subject to review by the planning and zoning commission and approval by the village board in accordance with requirements contained in section 11-3-4 of this title. (Note: Requires a public hearing.):

            (1)   Permitted and special uses listed in districts B-1, B-2 and B-3, chapter 8, articles B, C and D of this title; provided, that:

               (A)   The uses do not fall within those uses identified in subsection A1 of this section; and

               (B)   The uses are located along a major arterial.

            (2)   Hotels or motels.

            (3)   Multiple-family residential.

            (4)   Firearms practice facility, indoor, in accordance with the following terms and conditions:

               (A)   It is required that all shooters must complete an orientation safety program or show a valid firearm owners identification (FOID) card, before they are allowed to discharge firearms.

               (B)   There shall be remote monitoring of air filtration device at regular intervals.

               (C)   No more than one person shall use a shooting lane at any one time.

               (D)   The amount and location of ammunition intended for use at the range shall comply with the requirements of the Bloomingdale fire protection district.

               (E)   There shall be either remote or on site real time monitoring of security cameras at all times.

               (F)   The firearms practice facility shall be required to obtain a business license that shall include a criminal background check of owners and managers, and other employees as deemed necessary by the village board.

               (G)   The firearms practice facility is required to provide parking for its customers on site. If parking demand exceeds the supply, the facility shall reduce the number of lanes that can be occupied for shooting, or otherwise reduce customer demand for the facility so that parking can be contained on site.

               (H)   All shooting ranges shall provide ceiling and in-wall sound barriers to prevent sound in excess of fifty five (55) db at the property line of the subject property, and at zero db at any property line of a residential district.

               (I)   Complaints regarding noise, odors, and traffic congestion resulting from the firearms practice facility shall be directed to the planning and zoning commission at a public hearing for a recommendation to the village board of trustees.

               (J)   The shooting range must comply with all village, state of Illinois, and federal laws and regulations. Where the foregoing requirements conflict with any other local, state, and federal requirements, the more restrictive shall apply.

            (5)   Medical cannabis cultivation and dispensing centers, subject to the following:

               (A)   Compliance with the Compassionate Use of Medical Cannabis Pilot Program Act ("Act"), also known as Illinois Public Act 098-0122;

               (B)   Submission and performance requirements in addition to those set forth in chapter 4, "Site Development And Plan Review", of this title and other performance requirements in district regulations:

                  (i)   Floor Plan: At minimum a concept floor plan indicating principal function areas, to include where nonpatients will be permitted, private consulting areas, storage areas, and retail areas.

                  (ii)   Disposal Plan: A plan for disposal of any medical cannabis or byproducts that are not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal and shall abide by applicable State or local regulations.

                  (iii)   Ventilation Plan: A plan for ventilation of the medical cannabis business that describes the ventilation systems that will be used to prevent any odor of medical cannabis off the premises of the business. For cultivation centers, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.

                  (iv)   Security Plan: A security plan for the medical cannabis business that includes facility access controls, surveillance systems, on site security personnel, and other security measures required by State or local regulations.

                  (v)   Exterior Appearance: Elevations of the exterior appearance of the building of a cultivation center or dispensary demonstrating compatibility with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

                  (vi)   Entrance And Means Of Egress: Plans shall depict more than one means of egress from the interior so as to meet Building Codes and public safety concerns; however, it shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing cannabis. The dispensary entrance shall be located and maintained clear of any barriers, landscaping and similar obstructions that may block the view so that the entrance and pedestrian access is clearly visible from the public street, sidewalk and parking area.

                  (vii)   Cannabis Paraphernalia And Product Display At Dispensaries: No retail sales of cannabis paraphernalia are permitted except as permitted by law to qualifying patients and/or designated caregivers. No medical cannabis or paraphernalia shall be displayed or kept in a dispensary so as to be visible from outside the premises.

                  (viii)   On Site Use Prohibited: No cannabis shall be smoked, eaten or otherwise consumed or ingested within the medical cannabis business.

            (6)   Permanent dermal pigmentation establishments, provided they are not located along a major arterial, and in accordance with the provisions set forth in Title 4 (Business and License Regulations) of the Village Code.

         b.   Each use shall comply with the lot size, yard and bulk requirements of their respective zoning classifications.

   B.   Accessory Uses: All accessory uses shall be permitted in accordance with the regulations contained in section 11-5-9 of this title.

   C.   Temporary Uses: Temporary structures for construction purposes shall be permitted on an individual lot in accordance with a construction schedule to be submitted by the developer and approved by the Village Engineer. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2014-48, 10-27-2014; Ord. 2015-03, 1-12-2015; Ord. 2017-42, 11-13-2017; Ord. 2022-22, 5-9-2022; Ord. 2024-40, 9-9-2024)

A separate ground area, or zoning lot, shall be designated for each structure containing a permitted use or special use in accordance with the following:

   A.   Minimum lot area: Two (2) acres.

   B.   Minimum lot width, as measured at the front building setback line: Two hundred feet (200'). (Ord. 87-29, 6-22-1987)

   A.   Minimum Front Yard:

      1.   All structures fronting on streets which form the boundary of the district shall maintain a minimum setback of fifty feet (50') from the front lot line, with the exception of Lake Street, Gary Avenue and Bloomingdale, Schick, Army Trail and Schmale Roads. On lots that abut Lake Street, Gary Avenue and Bloomingdale, Schick, Army Trail and Schmale Roads, all structures shall maintain a minimum setback of seventy five feet (75') from a front lot line;

      2.   Structures that front on streets that are internal to the district shall be set back thirty five feet (35') from the front lot line;

      3.   Landscaping within a front yard shall be in accordance with the requirements contained in this subsection A3 and section 11-10A-8 of this article. Means of ingress and egress, signs and obstructions permitted in section 11-10A-7 of this article and chapters 13 and 14 of this title shall be permitted in the front yard.

         a.   Lots Fronting On Streets Outside District:

            (1)   The first thirty feet (30') of the front yard of all lots fronting on streets forming the boundary of the district, as measured from the front lot line, shall be sodded or seeded and landscaped; and

            (2)   No parking or roads shall be permitted within the first thirty feet (30') of the front yard;

         b.   Lots Fronting On Streets Within District:

            (1)   The first thirty five feet (35') of the front yard of all lots fronting on interior streets within the district, as measured from the edge of the pavement, shall be sodded or seeded and landscaped;

            (2)   No parking or roads shall be permitted within the first thirty five feet (35') of the front yard;

            (3)   A five foot (5') wide sidewalk may be installed within the required thirty five foot (35') landscaped area in accordance with subsection 11-10A-10E of this article; and

      4.   Loading berths shall not be permitted in the front yard of any lot within this district, unless enclosed.

   B.   Minimum Corner Side Yard:

      1.   All structures shall maintain a minimum setback of fifty feet (50') from the corner side lot line along streets which form the boundary of the district, with the exception of lots that abut Lake Street, Gary Avenue and Bloomingdale, Schick, Army Trail and Schmale Roads. On lots that abut Lake Street, Gary Avenue and Bloomingdale, Schick, Army Trail and Schmale Roads, structures shall maintain a minimum setback of seventy five feet (75') from a corner side lot line;

      2.   On lots that are interior to the business park and do not abut a boundary line of the district, structures may be set back thirty five feet (35') from the corner side lot line;

      3.   Landscaping within a corner side yard shall be in accordance with the requirements contained in this subsection B3 and section 11-10A-8 of this article. Means of ingress and egress, signs and obstructions permitted in section 11-10A-7 of this article and chapters 13 and 14 of this title shall be permitted in the corner side yard.

         a.   Lots Abutting Streets Outside District:

            (1)   The first thirty feet (30') of the corner side yard of all lots that abut streets forming the boundary of the district, as measured from the corner side lot line, shall be sodded or seeded and landscaped; and

            (2)   No parking or roads shall be permitted within the first thirty feet (30') of the corner side yard;

         b.   Lots Abutting Streets Within District:

            (1)   The first thirty five feet (35') of the corner side yard of all lots which abut interior streets, as measured from the edge of the pavement, shall be sodded or seeded and landscaped;

            (2)   No parking, roads or loading berths shall be permitted within the first thirty five feet (35') of the corner side yard;

            (3)   A five foot (5') wide sidewalk may be installed within the required thirty five foot (35') landscaped area in accordance with subsection 11-10A-10E of this article; and

      4.   No parking, loading berths or access roads shall be permitted in the first thirty feet (30') of the minimum corner side yard.

   C.   Minimum Interior Side Yard:

      1.   All structures shall be set back from the side lot line a distance of not less than twenty five feet (25'), plus one additional foot for each two feet (2') of building height above thirty five feet (35');

      2.   Parking, loading berths and access roads shall be prohibited from the first twenty five feet (25') along an interior side lot line that extends from the front property line to the rear facade of a building; and

      3.   Parking, loading berths and access roads shall be permitted no closer than ten feet (10') to an interior side lot line that extends from the rear facade of a building to the rear lot line.

   D.   Minimum Rear Yard:

      1.   All structures shall maintain a minimum setback of fifty feet (50') from a rear lot line which forms the boundary of the district, with the exception of lots that abut Lake Street, Gary Avenue and Bloomingdale, Schick, Army Trail and Schmale Roads. On lots that abut Lake Street, Gary Avenue and Bloomingdale, Schick, Army Trail and Schmale Roads, all structures shall maintain a minimum setback of seventy five feet (75') from a rear lot line;

      2.   On lots that are interior to the business park and do not abut a boundary line of the district, structures may be set back a minimum of twenty feet (20') from a rear lot line; provided, that they are set back one additional foot for each two feet (2') of building height above thirty five feet (35');

      3.   Pavement for parking, loading berths and access roads shall be permitted no closer than ten feet (10') to an interior rear lot line; and

      4.   Parking, loading berths and access roads shall be set back a minimum of fifty feet (50') from a rear lot line which forms the boundary line of the district.

   E.   Transition Yards: All structures in the district shall be set back a minimum of seventy five feet (75') from a side or rear lot line which abuts or is across the street from a front, side or rear lot line in a residential district. (Ord. 87-29, 6-22-1987)

   A.   Maximum Structure Height:

      1.   No building or structure shall exceed one hundred feet (100') in height;

      2.   All buildings or structures shall adhere to the following height restrictions: (Note: For purposes of determining allowable height, the number of feet from a residential district is measured from the residential lot line, and is inclusive of streets and rights of way.)

         a.   Thirty five feet (35'), when located within one hundred fifty feet (150') of any residential district;

         b.   Fifty feet (50'), when located a distance between one hundred fifty (150) and three hundred feet (300') from any residential district;

         c.   Any building or structure that is located more than three hundred feet (300') from a residential district may be erected above fifty feet (50') in height if set back an additional one foot (1') for each two feet (2') in height that exceeds fifty feet (50'); and (Ord. 87-29, 6-22-1987)

         d.   Any building or structure that exceeds sixty feet (60') in height shall be subject to review and approval by the planning and zoning commission and village board in accordance with procedures set forth in subsection 11-10A-11H of this article. (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

   B.   Maximum Lot Coverage: The maximum coverage of any lot within this district (for permitted uses listed in subsection 11-10A-2A of this article) by buildings, parking, roads, or any other impervious surface shall not exceed seventy five percent (75%). (Ord. 87-29, 6-22-1987)

   A.   Off street parking shall be provided in accordance with requirements contained in chapter 13 of this title; and (Ord. 87-29, 6-22-1987)

   B.   All unenclosed loading facilities shall be provided in accordance with requirements contained in chapter 13 of this title, and shall be subject to review and approval by the Planning and Zoning Commission and Village Board in accordance with procedures set forth in subsection 11-10A-11H of this article; and (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

   C.   No parking facility or loading berth shall be closer than fifty feet (50') to any lot line that is adjacent to a residential property line; and

   D.   Development of all lots shall include six inch (6") curbing along the perimeter of all parking lots, access roads and unenclosed loading berths. (Ord. 87-29, 6-22-1987)

   A.   Unless otherwise approved by ordinance subsequent to the date of approval of the Business Park District (ordinance 87-29, passed June 22, 1987), signage shall be provided in accordance with requirements contained in chapter 14 of this title for office use; and (Ord. 87-29, 6-22-1987; amd. 2012 Code)

   B.   All signs shall fit into a uniform design framework which includes compatibility of structure, materials, color palette and method of illumination. (Ord. 87-29, 6-22-1987)

The applicant shall submit six (6) copies of the final landscape plan prepared for each lot for review and approval by the Village Planner and Village Engineer. Landscaping shall be designed to coordinate the appearance of the varying design elements within the Business Park District, and shall be in accordance with the following: (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   A.   Preservation Of Natural Features:

      1.   An evaluation of each building site shall be made to determine whether desirable tree stands, ponds, or other existing natural features can be preserved and included in the landscape plan; and (Ord. 87-29, 6-22-1987; amd. 2012 Code)

      2.   Existing trees shall be preserved, wherever possible, in accordance with a tree preservation plan, subject to review and approval by the Village Engineer and Village Planner. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   B.   Front And Corner Side Yards:

      1.   The front and corner side yards of all lots shall be landscaped in accordance with subsections 11-10A-4A and B of this article and requirements of this subsection;

      2.   At a minimum, landscaping in the front and corner side yards shall include the installation of evergreen, deciduous, or ornamental trees averaging thirty feet (30') on center (as measured per linear foot of frontage) and planted in naturalistic groupings; and

      3.   Landscaped berms and/or evergreen plantings shall be provided in the front and corner side yards in accordance with criteria set forth in subsections B2 and E of this section in order to minimize the visual effect of large paved areas and standing automobiles.

   C.   Interior Side Yards:

      1.   Landscaping shall also be required within the minimum interior side yard of each lot.

      2.   At a minimum, landscaping in the interior side yard shall include the installation of evergreen, deciduous, or ornamental trees averaging eighty feet (80') on center (as measured per linear foot along the side lot line), and alternately spaced with the existing or proposed trees within an interior side or rear yard of an adjoining parcel.

      3.   When loading facilities are located in an interior side yard and are visible from an adjacent developed property or public right-of-way, landscaped berms or evergreen plantings shall be provided in accordance with criteria set forth in subsection E of this section to screen loading activities from public view.

   D.   Interior Rear Yard:

      1.   At a minimum, interior rear yards shall be seeded or sodded and landscaped with evergreen, deciduous or ornamental trees averaging eighty feet (80') on center (as measured per linear foot along the rear lot line); and

      2.   Trees shall be alternately spaced with the existing or proposed trees within an interior rear or side yard of an adjoining parcel.

   E.   Screening:

      1.   a. Screening shall be provided when off street parking and/or unenclosed loading facilities are adjacent to a major arterial, adjacent to or across from residential or institutional land uses, or between commercial and office/industrial land uses;

         b.   Such screening may be accomplished through the provision of landscaped berms, a compact hedge, fence, or wall, or a combination of any of these methods;

         c.   Required screening shall be at least five feet (5') high;

         d.   The placement of the screen around the parking or loading facility shall not impair the safety of pedestrian or vehicular traffic;

      2.   Tree and shrub buffers, not less than fifty feet (50') in depth, shall be developed along all lot lines that are adjacent to or across the street from residential and institutional uses. At a minimum, trees planted within this buffer yard shall include:

         a.   Deciduous: Three (3) per one hundred (100) linear feet;

         b.   Evergreen: Five (5) per one hundred (100) linear feet; and

         c.   Flowering: Five (5) per one hundred (100) linear feet.

   F.   Streets And Rights-Of-Way:

      1.   To create "gateways" into the business park, landscaping adjacent to the rights-of-way at intersections into the district shall be accented with denser and more mature plantings than required by other sections of this article, and shall include the installation of evergreen and flowering trees and shrubs; and

      2.   Plants shall be arranged and maintained to provide for proper sightlines at intersecting streets.

   G.   Interior Parking Lot Landscaping:

      1.   A minimum of ten percent (10%) of any unenclosed parking facility shall be provided with interior landscaping to create visual relief and break (soften) the expanse of paving (note: foundation plantings adjacent to the parking lot shall be included in this calculation);

      2.   All parking lot landscaping shall be curbed to prevent destruction of the landscaping by vehicles;

      3.   The design of interior parking lot landscaping shall accommodate pedestrian traffic or shall be located away from anticipated pedestrian paths to avoid potential maintenance problems;

      4.   Interior parking lot landscaping shall include, at a minimum, one deciduous street tree for each ten (10) parking spaces (note: trees used in landscaping required yards shall count toward this calculation, provided the parking lot adjoins these buffer yards);

      5.   Parking lot islands and median strips shall be mounded, for improved drainage, with slopes not to exceed four to one (4:1); and

      6.   An area between two feet (2') and five feet (5') aboveground shall be kept clear of plant growth, except for tree trunks, in order to assure that pedestrians and automobiles will be visible to the motorist.

   H.   Recommended Plant Materials:

      1.   Trees and shrubs shall be selected from the recommended species list attached to ordinance 87-29 as exhibit A, or other species as approved by the Village Planner. (Ord. 87-29, 6-22-1987)

      2.   Unless otherwise approved by the Village Engineer or the Village Planner, the minimum size of trees, when installed, shall be as follows: (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

         a.   Deciduous: Three inch (3") caliper;

         b.   Evergreen: Six feet (6') high; and

         c.   Flowering: Six feet (6') high.

      3.   Once the minimum landscape requirements have been met, any size tree may be installed on a lot to supplement minimum requirements.

   I.   Berming: Berming used for landscaping and/or screening purposes shall be in accordance with the following:

      1.   Mounding shall be located between the right-of-way and the building setback lines;

      2.   Earth mounding shall generally vary in height, width, and length to create a free form, naturalistic effect; and

      3.   The height of berms shall range between three feet (3') and four feet (4') in front yards along major arterials, and between four feet (4') and seven feet (7') adjacent to residential districts; slopes of berms shall not exceed a three to one (3:1) ratio.

   J.   Maintenance:

      1.   All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance, and free of refuse and debris; and

      2.   All dead plant materials shall be removed and replaced as required in order to maintain an attractive landscape at all times. (Ord. 87-29, 6-22-1987)

   A.   Materials: Buildings shall be constructed of masonry brick, stone, or block (excluding plain concrete block), architectural steel and glass, or precast concrete panels; (Ord. 87-29, 6-22-1987)

   B.   Compatible Design: Design of all buildings shall be compatible in form, textures and colors, consistent with a campuslike setting, and shall be approved by the Village Planner and Building Commissioner, whose approval shall not be unreasonably withheld; (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   C.   Planned Unit Developments Near Residence Districts: Where a rear or side elevation of a structure is adjacent to or across the street from a residential district, the facade shall be articulated through architectural design, change in building materials, use of berms and/or landscaping in order to avoid the monotonous view of a flat, linear and unbroken facade.

   D.   Screening:

      1.   All rooftop mechanical equipment shall be effectively screened from public view by the roof structure or a parapet wall;

      2.   All meters and other mechanical equipment located on the exterior wall of a building shall be effectively screened from public view by landscaping or architectural elements; and

      3.   Exposed exterior downspouts shall be prohibited. (Ord. 87-29, 6-22-1987)

   A.   Performance Standards: All uses within the district shall comply with the performance standards contained in section 11-9-7 of this title.

   B.   Outdoor Storage:

      1.   All outdoor storage facilities shall be located adjacent to a railroad right-of-way;

      2.   All outdoor storage facilities and trash receptacles shall be enclosed by a fence, wall, and/or landscaping not less than five feet (5') high, and shall be screened from view of adjacent residential or institutional properties and public rights-of-way; and

      3.   No materials or wastes shall be deposited or stored on any lot in a district so that they may be transferred off the property by natural causes or forces.

   C.   Outdoor Sales: All outdoor sales space shall be provided with a permanent, durable and dustless surface, graded and drained to dispose of all surface water.

   D.   Streets And Public Rights-Of-Way:

      1.   All new streets constructed within the district shall be curvilinear, designed to fit the terrain and protect existing vegetation; and (Ord. 87-29, 6-22-1987)

      2.   Proposed rights-of-way, street widths and specifications for pavement shall require approval of the Village Engineer. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   E.   Sidewalks:

      1.   Five foot (5') wide sidewalks shall be provided within the rights-of-way one foot (1') off the property line of major arterials that abut the boundary line of a district; construction standards for sidewalks shall be in accordance with the Village subdivision regulations and construction and design standards for public improvements; and

      2.   An integrated pedestrian system shall be provided within the district which links all development parcels to one another and to external systems.

   F.   Lighting:

      1.   The developer of a district shall be responsible for selecting and implementing a unified system of lighting in the district;

      2.   Any lighting used to illuminate an unenclosed off street parking and/or loading area, pedestrianway, sign or structure shall be located and/or shielded to avoid glare and excessive light spillage upon adjacent residential properties or public rights-of-way;

      3.   Illumination levels shall not exceed 0.5 foot-candle beyond the boundary lines of the district;

      4.   The average maintained foot-candle within a parking facility shall not be less than 1.0 nor greater than 3.0, and the maximum to minimum ratio shall not exceed eight to one (8:1); and

      5.   Lights used to illuminate the facade of a building shall be located and directed so as to avoid glare or excessive light spillage upon adjacent properties and public rights-of-way.

   G.   Drainage:

      1.   No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion or deposit of minerals on adjacent properties;

      2.   Such runoff shall be properly channeled into a storm drain, watercourse, ponding area or other public facilities in accordance with title 10, chapter 12 of this Code and any other applicable Village ordinances or agreements pertaining to stormwater runoff; and (Ord. 87-29, 6-22-1987)

      3.   Any change in grade affecting water runoff onto adjacent properties must be as approved by the Village Engineer. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   H.   Preservation Of Natural Features:

      1.   Existing upland vegetation, wetlands, surface waters, and other natural features shall be preserved to the maximum extent possible in order to maintain important natural functions such as groundwater recharge, flood storage/desynchronization, sediment trapping, nutrient retention, erosion control, and wildlife habitat; and

      2.   The applicant shall incorporate such natural features into required buffer yards, using them as visual screens, where possible, or capitalize upon existing wetlands and stands of trees to frame views of buildings from the public rights-of- way; and (Ord. 87-29, 6-22-1987)

      3.   Wetlands or other natural features which cannot be preserved shall be replaced on site, with due regard for their functional values, in accordance with requirements of the U.S. Army Corps of Engineers. Proposals for replacement of wetlands or other significant natural features shall be subject to review by the Village Engineer and the Village Planner, whose approval shall not be unreasonably withheld. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   A.   Application:

      1.   Application for a Business Park District may be made by the owner or contract purchaser by filing an application for a zoning amendment with the Village Clerk in accordance with requirements of section 11-3-5 of this title;

      2.   At the time the application is filed, the developer shall also submit plans, data, and other information as required by subsection C of this section; (Ord. 87-29, 6-22-1987)

      3.   Copies of the application and submittals shall be forwarded to the Planning and Zoning Commission with the request to hold a public hearing; and (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

      4.   The applicant shall give notice of the public hearing in accordance with procedures outlined in subsection 11-3-5C of this title. (Ord. 87-29, 6-22-1987)

   B.   Public Hearing:

      1.   Upon receipt of the application and other required submittals, the Planning and Zoning Commission shall hold a public hearing on the proposed amendment, which shall be continued at least once; and

      2.   The Planning and Zoning Commission may continue the hearing from time to time without publication of additional notices. (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

   C.   Concept Plan; Submittals: At the time of the application, the developer shall submit thirteen (13) copies of the following materials, each folded to an eight and one-half inch by fourteen inch (81/2" x 14") size, with the title block clearly displayed:

      1.   A location map, which illustrates the relationship of the property to surrounding land uses;

      2.   A plat of survey prepared by a registered surveyor, including a legal description of the subject property to be included in the district;

      3.   A Concept Land Use Plan, presented in a general schematic fashion, which includes the following:

         a.   Proposed land uses and existing uses within one hundred feet (100') of the district;

         b.   Natural features on the subject property and within one hundred feet (100') of the district, including topography, floodplains, wetlands and existing vegetation;

         c.   Pattern of public and private roads, including rights-of- way, and intended design standards;

         d.   Size, area and location of lots;

         e.   Dimensioned setbacks, easements and minimum yards;

         f.   Description of the anticipated use, type, and location of structures;

         g.   Location, type and size of landscaping;

         h.   Proposed open space and/or stormwater detention/retention facilities;

      4.   Architectural drawings and sketches illustrating the design and character of proposed structures;

      5.   Concept landscape plan for the district, prepared by a landscape architect, identifying existing vegetation that will be preserved and showing proposed treatment of major entryways, rights-of-way, and perimeter buffers;

      6.   Concept plan for signage, including proposed materials, color scheme and method of illumination;

      7.   Details on lighting, including height, type of luminaire, and method of illumination;

      8.   Illustrative site plans, showing typical building footprints, off street parking and loading areas, pedestrianways and landscaping, including typical screening of parking and loading facilities, outdoor storage areas, or screening from adjacent residential properties, as appropriate, for the following situations:

         a.   Development of an interior lot;

         b.   Transition between two (2) different land uses, if applicable;

         c.   Buffering of a lot which is adjacent to a residential district;

         d.   Development of a lot which fronts on a major arterial; and

         e.   Development of a lot on a corner and/or cul-de-sac;

      9.   A preliminary engineering study, including the following:

         a.   A general description of and location map showing existing sanitary, stormwater and potable water facilities within and adjacent to the proposed district; and

         b.   Proposed improvements necessary to properly handle the potable water, sanitary sewer, stormwater drainage and other service needs upon development of the district;

      10.   A market analysis of proposed commercial uses, if any;

      11.   A preliminary traffic study providing a general description of existing roads on and adjacent to the proposed district and the proposed road improvements necessary to properly handle the traffic anticipated to be generated upon development of the district;

      12.   The relationship of the proposed district to existing land uses in the surrounding area and the Village Comprehensive Plan, including a statement of the effect on surrounding land uses;

      13.   A description of the modifications and exceptions from this title, if any, or from the Village subdivision control ordinance, if any, which are being requested as part of the application for the establishment of a district;

      14.   A development plan, showing proposed phasing of the project and estimated time of completion for each phase; and (Ord. 87-29, 6-22-1987)

      15.   Prior to final plat approval, the developer shall submit declarations of covenants, conditions and restrictions and a maintenance plan for the proposed district. Said documents shall be subject to review and approval by the Village Attorney, Village Engineer and Village Planner. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   D.   Concept Plan Approval:

      1.   Planning And Zoning Commission Action:

         a.   After the concept plan submittals have been presented and reviewed during the public hearing, the Planning and Zoning Commission shall submit its recommendation with respect to the application to the village board of trustees. A recommendation shall require a concurring vote of a majority of those members present, with a minimum of four (4) concurring votes. The planning and zoning commission may recommend: (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

            (1)   Approval of the application, including any, all or none of the modifications to this title or the village subdivision control ordinance requested by the applicant, if any;

            (2)   Approval of the application, with conditions, or changes or revisions to the plans; or

            (3)   Disapproval of the application; (Ord. 87-29, 6-22-1987)

         b.   Any recommendation by the planning and zoning commission for the grant of any, all or none of the modifications to this title or the village subdivision control ordinance requested by the applicant, or any recommendation by the planning and zoning commission that conditions, changes or revisions to the concept plan submittals be required, shall be based on findings of fact that said modifications to this title or the village subdivision control ordinance, and/or conditions, changes or revisions to the concept plan submittals are the following: (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

            (1)   Necessary in the interest and needs of the community and in keeping with the intent of this title;

            (2)   Necessary or desirable and appropriate with respect to the primary purpose of the district;

            (3)   Will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish and/or impair property values within the surrounding neighborhood, and are in accordance with good planning standards; and

            (4)   Will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; (Ord. 87-29, 6-22-1987)

         c.   The planning and zoning commission shall set forth the reasons for its recommendation in a statement of findings of fact and recommendations, which shall be forwarded to the village board within forty five (45) days after the close of the hearing as follows: (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

            (1)   Any requested exceptions or modifications from this title or from the village subdivision control ordinance shall be set forth in the statement of findings of fact and recommendations; (Ord. 87-29, 6-22-1987)

            (2)   In the event of a favorable recommendation, the planning and zoning commission shall specify particular conditions to be incorporated into an approval of the application, which may or may not include requested exceptions or modifications from this title;

      2.   Board Of Trustees Action: Within sixty (60) days after receipt of the planning and zoning commission recommendation, the board of trustees shall either approve, approve with conditions, disapprove or send the application back to the developer and the planning and zoning commission for modification and review in accordance with the following: (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

         a.   An approval with conditions shall state what additions or deletions from the application as submitted shall be made in the application as approved; and

         b.   Any exceptions or modifications from this title or the village subdivision control ordinance that are granted by the village board of trustees must be clearly stated and identified as part of the approval.

   E.   Preparation Of Development Ordinance:

      1.   Upon review and approval of the concept plans by the village board, the village attorney shall prepare a development ordinance granting the business park district planned unit development for seventy five (75) to two hundred fifty (250) acres classification to the property for adoption by the village board. Said development ordinance and the business park ordinance (unless specific provision[s] thereof have been modified in the development ordinance) shall control development of the property. This ordinance shall contain:

         a.   A list of exhibits which document the approved development plan; and

         b.   A list of exceptions or modifications from the business park ordinance and any restrictions and conditions imposed by the Board of Trustees;

      2.   After adoption of the development ordinance by the Board of Trustees, said ordinance shall not take effect unless the development ordinance shall be signed by the owners of the property in a district within sixty (60) days thereafter, assuring the Village that the development will be carried out in full compliance with the concept plans and within the time frame established by the development plan or as otherwise agreed to by the owners and the Village.

   F.   Final Plat Of Subdivision: Based upon the approved plan, the developer shall submit a final plat of subdivision in accordance with the process set forth in the Village subdivision regulations.

   G.   Final Site Plan Approval For Individual Lots:

      1.   All lots within the district shall be developed according to the approved concept plans, development ordinance, and all regulations and restrictions contained in the business park ordinance.

      2.   Prior to the issuance of a building permit, the owner of a particular lot or tract within the district shall submit six (6) copies of the final site plan, at a scale not less than one inch equals fifty feet (1" = 50'), to Village staff for review and approval. The following information shall be submitted in association with the site plan:

         a.   Site information, including:

            (1)   Name and address of the owner, applicant, planner, architect, engineer and landscape architect;

            (2)   Date, scale, and north arrow;

            (3)   Total acreage;

            (4)   Title by which the property or project is to be referred; and

            (5)   Proof of ownership.

         b.   A plat of survey of the lot for which approval is being sought, including a legal description of the subject lot or tract or, where a subdivision is being sought, a plat of the subdivision.

         c.   Overall development plan showing the relation of the particular site to the approved concept plans and existing developed lots.

         d.   Location and size of all structures, both existing and proposed.

         e.   Ground elevations of the parcel.

         f.   Location of floodplain areas, wetlands and existing vegetation. (Ord. 87-29, 6-22-1987)

         g.   Soil analysis, if required by the Village Engineer. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

         h.   Dimensions of all minimum yards and spaces between structures.

         i.   Location and dimensions of all fences and walls.

         j.   A landscape plan, prepared by a landscape architect.

         k.   Vehicular, pedestrian and service access, including:

            (1)   The width of the access drive.

            (2)   Identification and location of existing and proposed curb lines, property lines, sidewalks, and streets or drives.

            (3)   Identification and location of existing and proposed parking regulations and signs, traffic signals, utility poles, light standards and fire hydrants.

         l.   Off street parking and loading facilities, including numbers of spaces, dimensions of stalls and berths, and provision for screening such facilities, if required.

         m.   Architectural elevations, including final architectural and building plans, depicting the buildings for which final approval is being sought.

         n.   Details on signage, including location, height, width, area, colors, and method of illumination.

         o.   Details on proposed lighting, including locations, size, height and method of illumination, including a point by point illumination plan, showing foot-candle intensities.

         p.   Outdoor storage areas, if any.

         q.   Waste disposal facilities, trash bins, and provision for screening such facilities and trash bins.

         r.   Preliminary engineering, drainage and grading plans. (Ord. 87-29, 6-22-1987)

Final engineering plans shall be submitted and approved by the Village Engineer prior to the issuance of a building permit. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

      3.   During final plan review of any plans which do not require site plan review by the Planning and Zoning Commission and Village Board, Village staff shall report to the Planning and Zoning Commission and Village Board on a regular and continuing basis, at public meetings, concerning proposed projects and buildings and the progress of development.

   H.   Site Plan Review By Planning And Zoning Commission And Village Board: If, during final plan review, or review of plans which are submitted in accordance with requirements of other sections of this title, Village staff determines that plans submitted for a particular lot are inconsistent with the development ordinance (including conditions contained therein, if any), the approved concept plans, or the requirements of this title, then plans shall be subject to review and approval by the Planning and Zoning Commission and Village Board in accordance with the following procedures:

      1.   The applicant shall submit to the Planning and Zoning Commission and Village Board all plans and information listed in subsection G2 of this section;

      2.   a. The request for final approval shall be considered by the Planning and Zoning Commission at a regular or special meeting; no public hearing shall be required; (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

         b.   However, any requested exception to, or modification from, bulk regulations for a perimeter lot which abuts the boundary line of a district, or changes to the approved buffer yard, shall require written notification by the owner or contract purchaser of all property owners within five hundred feet (500') of said perimeter lot;

         c.   Said notice shall state the time, place, and purpose of such meeting; shall be sent by certified mail with return receipt requested, not less than fifteen (15) days in advance of the public meeting; and shall be properly addressed as shown on the Tax Assessor's rolls; and (Ord. 87-29, 6-22-1987)

         d.   The owner or contract purchaser shall file with the Village Engineer a sworn affidavit, which shall include a copy of the notice and names and addresses of all persons to which said notice was sent; said affidavit shall be accepted as verification of required notification of the public meeting; (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

      3.   a. After reviewing the plans, materials and testimony presented during the public meeting, the Planning and Zoning Commission may recommend: (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

            (1)   Approval of the application;

            (2)   Approval of the application with conditions; or

            (3)   Disapproval of the application; (Ord. 87-29, 6-22-1987)

         b.   The Planning and Zoning Commission may recommend, or the Village Board may require, changes or revisions to the plans as are deemed necessary in the interest and needs of the community, provided they are in keeping with the intent of this title, and in accordance with good planning standards;

         c.   (1) The Planning and Zoning Commission shall set forth the reasons for its recommendation in the statement of findings of fact and recommendations which shall be forwarded to the Village Board within forty five (45) days, or as otherwise agreed to by the Planning and Zoning Commission and the applicant; (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

            (2)   Any requested exceptions or modifications from this title or from the Village subdivision control ordinance shall be clearly documented in the statement of findings of fact and recommendations; (Ord. 87-29, 6-22-1987)

            (3)   In the event of a favorable recommendation, the planning and zoning commission shall specify particular conditions to be incorporated into an approval of the application, which may or may not include requested exceptions or modifications from this title;

      4.   At its next regularly scheduled meeting following receipt of the planning and zoning commission's recommendations, or such longer period as might be agreed to by the applicant, the corporate authorities shall consider such ordinances and adopt such resolutions as required to grant final approval of the proposed development;

      5.   The planning and zoning commission and the board of trustees need not approve any final plan which deviates from the concept plans where such deviation results in a change which would: (Ord. 87-29, 6-22-1987; amd. Ord. 2014-48, 10-27-2014)

         a.   Alter the concept, character or intent of the overall development as set forth in the concept plan;

         b.   Negatively affect the public health, welfare and safety;

         c.   Substantially decrease the value of surrounding property;

         d.   Decrease the aesthetics and functions of the natural environment, which shall include, but not be limited to, conditions pertaining to floodplains, soil and geologic characteristics and preservation of vegetation;

         e.   Significantly reduce (by more than 50 percent) or eliminate the fifty foot (50') perimeter buffer yards which abut, or are across the street from, a residential district;

         f.   Adversely affect the capacity of the public utilities to be constructed by or for the village, unless the developer agrees to eliminate any such adverse effect without cost to the village over and above the cost to have been incurred by the village, if any, prior to such change;

         g.   Must be in accordance with good planning standards; and

      6.   The corporate authorities shall not unreasonably withhold approval, nor impose any unreasonable restrictions or conditions thereon, with respect to any proposed development that is in substantial conformity with the approved concept plans and development ordinance for the district.

   I.   Issuance Of Permits:

      1.   Building and occupancy permits shall be required for each structure in a district.

      2.   No building permit relating to any part of a district shall be issued prior to the approval of a final plan for such part of the district, in accordance with the provisions of subsection G of this section; provided, however, that:

         a.   Construction of sewer, water and other utility improvements as well as street and roadway improvements may proceed at any time following adoption of the development ordinance by the board of trustees and execution of the ordinance by the property owners in accordance with subsection E of this section; and

         b.   All construction shall be in accordance with the approved set of plans, requirements of this title and other applicable village ordinances, and any conditions for development that may have been imposed upon the subject property by the village board. (Ord. 87-29, 6-22-1987)

      3.   The building and zoning official shall issue all necessary permits for all or part of the project once the applicant has demonstrated full compliance with all restrictions and/or conditions referenced in the development ordinance. (Ord. 87-29, 6-22-1987; amd. 2012 Code)

The provisions of this article shall control in the event of any conflict between a section of this article and other provision(s) of this title; otherwise, any applicable provision(s) of this title shall apply to a business park district. (Ord. 87-29, 6-22-1987; amd. 2012 Code)

A planned unit development district of 250 acres or more (hereinafter in this article sometimes referred to as "district") is of such a substantially different character from planned developments of smaller size that the public welfare requires that they be treated in a manner different from such smaller planned developments. The purpose of this article is to set forth specific additional standards and exceptions to govern the recommendations of the planning and zoning commission and the action of the board of trustees with respect to granting approvals for such districts. These regulations are designed to provide for an integrated development considering all the elements of good land planning so as to provide an adequate relationship between structures and land uses, while at the same time providing for adequate space, light, air, use and bulk limitations, to promote the health, safety and welfare of the village and its residents. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

A "planned unit development district of 250 acres or more" is a tract of land which includes two (2) or more principal uses that would require classification of the tract into two (2) or more standard zoning districts and which is developed as a unit. A district must include at least two hundred fifty (250) acres of contiguous property; provided, that after establishment of a district in accordance with the procedures set forth in section 11-10B-15 of this article, contiguous property of any size, whether or not under the same ownership, may be added to such district; and provided further, that properties separated by highways, streets, public ways or railroad or other public utility rights of way may be deemed contiguous for the purpose of qualifying as a district. If any area once having been zoned a planned unit development district of 250 acres or more should be reduced in size below two hundred fifty (250) acres as a result of disconnection, rezoning, or for any other reason, such lands as shall remain within the village shall, after a public hearing before the planning and zoning commission, be rezoned by the board of trustees to the zone in which such land could be most appropriately developed, unless otherwise provided in any annexation agreement pursuant to which such zoning as a planned unit development district of 250 acres or more was granted. (Ord. 73-69, 12-20-1973; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

   A.   Residence Districts: All permitted uses in the residence districts established by chapter 7 of this title are permitted uses in a zoning district established pursuant to section 11-10B-15 of this article within a residential use area established by this article; all special uses in the residence districts established by chapter 7 of this title are special uses in a zoning district established pursuant to section 11-10B-15 of this article within a residential use area established by this article. (Ord. 2007-20, 5-24-2007)

   B.   Business Districts: All permitted uses in the business districts established by chapter 8 of this title are permitted uses in a zoning district established pursuant to section 11-10B-15 of this article within a commercial use area; all special uses in the business districts created by chapter 8 of this title are special uses in a zoning district established pursuant to section 11-10B-15 of this article within a commercial use area, with the addition of the following use:

Brewpubs, as defined in section 11-2-2 of this title, are special uses in a zoning district established pursuant to section 11-10B-15 of this article within the Stratford Square Mall Shopping Center property only. The Stratford Square property shall be inclusive of any internal or external physical spaces, as well as all parking surfaces adjacent to and owned by the same. (Ord. 2017-09, 3-13-2017)

   C.   Manufacturing District: All permitted uses in the manufacturing district established by chapter 9 of this title are permitted uses in a zoning district established pursuant to section 11-10B-15 of this article within an industrial use area; all special uses in the manufacturing district established by chapter 9 of this title are special uses in an industrial use area. (Ord. 2007-20, 5-24-2007)

   A.   Classification Of Regions:

      1.   In preparing the tentative development plan, preliminary plans and final plans required by section 11-10B-15 of this article, the developer of the district may divide the district into separate land use regions, which land use regions may be designated into all or any of the following classifications:

         a.   Residential land use region;

         b.   Business land use region; and

         c.   Manufacturing land use region.

      2.   The developer may classify a portion of a district as a business land use region if the tentative development plan submitted by the developer provides for not less than one hundred (100) acres of land in said land use region to be devoted to commercial uses. The developer may classify a portion of a district as a manufacturing land use region if the tentative development plan submitted by the developer provides for not less than one hundred (100) acres of land in said land use region to be devoted to industrial uses; provided, that no land in such land use region may be devoted to residential uses.

   B.   Percentage Limitations Of Use Within Each Region: In the event the developer of a district elects to divide the district into any or all of the land use regions provided in subsection A of this section, then the developer shall allocate, in the tentative development plan submitted in accordance with subsection 11-10B-15A of this article, the portion of the total acreage of each such land use region devoted to residential, commercial and industrial uses, respectively; provided, that such allocation may take the form of a range of maximum and minimum percentage limitations for each such use.

   C.   Computation Of Percentage Limitations: The percentage limitations provided in subsection B of this section and in the tentative development plan shall be applied to the land area of a land use region after deducting from such land area all land devoted to or reserved or dedicated for: 1) aboveground public utility buildings and structures required to service the land use region; and 2) rights of way for public streets, highways and alleys and easements for utilities adjacent thereto. Land devoted to or reserved or dedicated for school and other public parkways, walkways and drainage courses shall be included in the land area to which such percentage limitations shall be applied. In determining the percentage of land devoted to each land use region, land devoted to parking and private open space and park and recreational facilities shall be included.

   D.   Recreation Area:

      1.   The tentative development plan shall also provide for recreation areas within a residential land use region equivalent to at least thirty percent (30%) of the total area in a single-family residential use area and thirty five percent (35%) of the total area in a multiple-family use area. In a multiple-family use area within a business land use region, the tentative development plan shall provide for recreation area equivalent to at least thirty five percent (35%) of such use area if the average density for such area shall be below twenty five (25) dwelling units per acre, and thirty percent (30%) of such use area if the average density for such area shall be twenty five (25) dwelling units per acre or above.

      2.   For purposes of this subsection, "recreation area" shall be defined as land specifically designed and intended for the active or passive recreational use of the residents of the district and shall include, but not be limited to, public or private play lots and parks, school sites, stormwater detention or retention areas, if such areas are capable of being utilized for such recreational purposes, pedestrian corridors, bicycle and equestrian trails and greenbelt open space networks.

      3.   The board of trustees shall determine, in its reasonable discretion, whether land is designated and intended for the recreational use of residents of the district and, in so doing, shall consider the following factors:

         a.   The relationship of the location of the land being considered to the residential use area which it is intended to serve.

         b.   The size and usability of the land being considered.

         c.   Other existing or proposed recreational facilities capable of fulfilling recreational needs of the residents.

         d.   Any particular variances required by the development of an unusual housing type.

      4.   Within the percentage limitations set forth in subsection D1 of this section, the developer shall, to the extent that good planning allows, provide such recreational space in the nature of play lots and neighborhood parks generally in accordance with the following standards: (Ord. 73-69, 12-20-1973)

 

 

Note:

   1.    The number of play lots shall be governed by the availability of other recreational areas within and for the benefit of the neighborhood as approved by the planning and zoning commission and the board of trustees.

      5.   "Play lots" are small areas intended for children up to six (6) or seven (7) years of age and shall be not less than four thousand (4,000) square feet unless otherwise approved by the planning and zoning commission and the board of trustees. Play lots range in size and may feature play apparatus, paved areas for wheeled toys, benches, sand areas, small wading or spray pools and landscaping treatment. Play lots should be located within a housing group so that children need not cross major arterial streets to reach the play lots. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

      6.   "Neighborhood parks" are defined as active and passive recreational areas which usually serve children and adults in an urban area within a radius of approximately one-half (1/2) mile. Neighborhood parks generally adjoin public elementary schools and may include such features as ball diamonds and play areas toward the interior of the site so the perimeter can be landscaped to buffer sound and to provide a measure of safety to the public.

      7.   In fulfilling the recreational space standards as established herein, the developer may vary the location and configuration of neighborhood parks. The intent of this subsection D7 is to provide the developer with adequate flexibility to create recreational space which fulfills the recreational needs of residential residents. Neighborhood parks may be located individually throughout a neighborhood, may be adjacent to one another and may be of a linear configuration in part, so as to interconnect recreational areas. The intent of the recreational space is to provide continuity of an open space network. Plans shall provide for and ensure the distribution of adequate recreational space of sufficient size and configuration to meet the recreational needs of the residents. (Ord. 73-69, 12-20-1973)

   A.   Except as provided in subsection B of this section, the standards set forth in this article shall be applicable to all buildings and structures and the use of all land in a district in lieu of comparable or similar standards or requirements set forth elsewhere in this title. All provisions and requirements set forth elsewhere in this title inconsistent with the standards set forth in this article shall be inapplicable. Any uncertainty between the applicability of a standard or requirement set forth elsewhere in this title and the applicability of a standard set forth in this article shall be resolved in favor of the standard set forth in this article.

   B.   Since the establishment of the planned unit development district of 250 acres or more in 1973, the village has more than doubled in size and has been transformed from an outlying community with an almost rural character to a centrally located community that is nearly built out. As a result, the need to preserve open space and buffers is even more important than when the district was first established. Furthermore, as the size and number of motor vehicles has increased, it is in the interest of the village to update the zoning standards that guide development within the district to protect the public health, safety, and welfare and to establish certain bulk standards and regulations for development within the district to be consistent with similar standards that are applicable elsewhere within the village. Accordingly, any application submitted on or after March 24, 2008, for development, redevelopment or modification of any land, or improvements existing thereon, within the planned unit development district of 250 acres or more, shall conform to the following zoning standards:

      1.   Nonresidential Buildings And Structures: All nonresidential buildings and structures shall conform to the bulk regulations of the B-3 general service business district. To the extent that the separation requirements for buildings and structures set forth in this article are inconsistent with the requirements of the B-3 general service business district, the more restrictive requirements shall apply. (Ord. 2008-14, 3-24-2008)

      2.   Residential Buildings And Structures: All residential buildings and structures shall conform to the requirements of the respective residential zoning district (i.e., R-1, R-2, R-2A, R-2B, R-2C, R-3, R-4, and R-5) with which the modification to the current development or newly proposed development or redevelopment is most similar. To the extent that the separation requirements for buildings and structures set forth in this article are inconsistent with the requirements of the respective R-1, R-2, R-2A, R-2B, R-2C, R-3, R-4, and R-5 districts with which the current or proposed development or redevelopment is most similar, the more restrictive requirements shall apply. (Ord. 2008-14, 3-24-2008; amd. Ord. 2014-46, 10-27-2014)

   A.   Single-Family Dwellings: Each detached single-family one- story dwelling shall have a total ground floor area of not less than one thousand one hundred (1,100) square feet; provided, however, that not more than thirty percent (30%) of such single-family dwelling may have a total ground floor area of less than one thousand one hundred (1,100) square feet, but not less than nine hundred (900) square feet; and provided further, that no such unit of less than one thousand one hundred (1,100) square feet shall have more than three (3) bedrooms. Each detached single-family dwelling of more than one story shall have a total floor area of not less than one thousand one hundred (1,100) square feet.

   B.   Two-Family Dwellings: Each detached one-story two-family dwelling shall have a total floor area per dwelling unit of not less than one thousand one hundred (1,100) square feet; provided, however, that not more than thirty percent (30%) of such two-family dwelling may have a total ground floor area of less than one thousand one hundred (1,100) square feet, but not less than nine hundred (900) square feet; and provided further, that no such unit of less than one thousand one hundred (1,100) square feet shall have more than three (3) bedrooms. Each detached two-family dwelling of more than one story shall have a total floor area per dwelling unit of not less than one thousand one hundred (1,100) square feet.

   C.   One-Family Attached Dwellings, Multiplex Units And Town Row Houses: Each attached single-family dwelling, multiplex unit and town row houses of one story shall have a total floor area of not less than seven hundred fifty (750) square feet. Each such dwelling of more than one story shall have a total floor area of not less than nine hundred fifty (950) square feet.

   D.   Multiple-Family Dwellings And Apartments: Multiple-family dwellings and apartments shall have a minimum total floor area per dwelling unit as follows:

      1.   Efficiency apartments: Four hundred fifty (450) square feet.

      2.   Apartments with one bedroom: Six hundred fifty (650) square feet.

      3.   Apartments with two (2) bedrooms: Eight hundred fifty (850) square feet.

      4.   Apartments with three (3) bedrooms: One thousand (1,000) square feet.

      5.   Apartments with four (4) or more bedrooms: One thousand one hundred (1,100) square feet.

   E.   Determining Ground Floor Area Or Floor Area In All Dwellings: In all cases, ground floor area or floor area shall be measured from the outside of the exterior walls, shall include utility rooms, but shall not include cellars, basements, open porches, balconies, breezeways, garages and other spaces that are not used frequently or during extended periods of time for living, eating or sleeping purposes. Neither a cellar nor a basement shall be considered as a story for purposes of this section. (Ord. 73-69, 12-20-1973)

   A.   Residential Use Area: In residential use areas of the district, the minimum distance between the exterior wall of any building and a boundary line of the district or a boundary line of the residential use area shall be twenty feet (20') or one-half (1/2) the height of the building, whichever is greater.

   B.   Commercial Use Areas: In commercial use areas of the district, the minimum distance between the exterior wall of any building and a boundary line of the district or a boundary line of the commercial use area, if the property abutting such boundary line is in a residential use area of the district, or in an area outside the district zoned for residential use, or if such building includes dwelling units, shall be thirty five feet (35') or one-half (1/2) the height of the building, whichever is greater.

   C.   Industrial Use: In industrial use areas of the district, the minimum distance between the exterior wall of any building and a boundary line of the district or a boundary line of the industrial use area, if the property abutting such boundary line is in a residential use area of the district or in an area outside the district zoned for residential use, shall be three feet (3') or one-half (1/2) the height of the building, whichever is greater.

   D.   Regulations In All Use Regions: The following provisions governing the location of buildings in relation to boundary lines of the district and in relation to boundary lines of the use areas within the district shall apply in all land use regions in the district:

      1.   Where a boundary line of the district or of a use area in the district is in a public street, alley, railroad, or similar right of way, the minimum distance provided herein shall be measured from the nearest right of way line of such street, alley, railroad or similar right of way. (Ord. 73-69, 12-20-1973)

      2.   The area between a boundary line of the district or of a use area in the district and the minimum distance at which the exterior wall of any building may be located may contain the following permitted encroachments:

         a.   Fences subject to compliance with the limitations contained in chapter 19, "Fencing And Screening", of this title;

         b.   Open terraces not over four feet (4') above the average level of the adjoining ground, but not including a permanently roofed over terrace or porch; awnings and canopies;

         c.   Steps, four feet (4') or less above the average level of the adjoining ground, which are necessary for access to a building or building site; chimneys projecting eighteen inches (18") or less;

         d.   Recreational and laundry drying equipment;

         e.   Arbors and trellises;

         f.   Flagpoles;

         g.   Walls not exceeding six feet (6') in height above the average level of the adjoining ground;

         h.   Balconies, breezeways and open porches;

         i.   One-story bay windows projecting three feet (3') or less; and

         j.   Overhanging eaves and gutters projecting three feet (3') or less; and air conditioning pads. (Ord. 2012-27, 6-11-2012)

Within the district, any parcel of land may be shown as a zoning lot on any preliminary or final plan covering all or any part of the district, provided such parcel of land meets the zoning lot requirements set forth in this article. Subject to the modifications and exceptions provided in this article, all provisions set forth elsewhere in this title which refer or apply to a zoning lot shall refer or apply to the zoning lots so shown on any such preliminary or final plan; provided, that: a) a parcel of land shown as a zoning lot on any preliminary plan may be divided into two (2) or more zoning lots on a final plan for all or a part of the property covered by such preliminary plan if such zoning lots on the final plan comply with all applicable minimum requirements elsewhere provided for herein; and b) a zoning lot may not be intersected by a public highway, public street or railroad right of way. Except as otherwise limited by this article, one or more principal buildings and one or more accessory buildings may be located on a zoning lot. A zoning lot may be used for any one or more of the uses permitted in the land use area or areas in which the zoning lot is located. (Ord. 73-69, 12-20-1973)

The separation requirements in the district shall be as follows; except, that any separation requirements not specified herein shall be determined with regard to reasonable minimum planning standards: (Ord. 73-69, 12-20-1973)

   A.   Residential Use Areas:

      1.   The minimum distance between the exterior wall of any building and the right of way line of a primary arterial road shall be sixty feet (60'); provided, however, the planning and zoning commission may recommend, and the board of trustees may approve, a minimum distance of not less than thirty feet (30') if proper separation exists between the closest right of way line and such exterior wall of any building. Such separation must provide for limiting the potential problems associated with the sound and sight of vehicular traffic and may include landscaping, berming, variable separation of distances along the right of way line and between exterior walls of buildings, fences, walls or any other suitable treatment. The minimum distance between the closest right of way line of any other public street and the exterior wall of any building shall be thirty feet (30') or one-half (1/2) the height of the building, whichever is greater. No building shall be constructed on any easement granted in lieu of a right of way adjacent and along a private street. The minimum distance between the closest edge of pavement of any private street and the exterior wall of dwelling structures shall be thirty feet (30') or one-half (1/2) the height of the building, whichever is greater; provided, however, that the planning and zoning commission may recommend, and the board of trustees may approve, a minimum distance not less than the following, if the planning and zoning commission and board of trustees find that such reduction will encourage good site design: (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

         a.   Single-family cluster dwellings: Five feet (5');

         b.   Other single-family detached, two-family townhouse and multiplex dwellings: Twenty feet (20'); and

         c.   Apartments: Thirty feet (30') or one-half (1/2) the height of the building, whichever is greater.

      2.   The minimum distance between adjacent single-family dwellings shall be twenty feet (20'); provided, however, that no such minimum distance shall apply to single-family cluster housing. For purposes of this subsection A2, the term "single- family cluster housing" shall mean a group of single-family housing units around a common courtyard or other type of common open space area, which units may or may not be attached to each other.

      3.   The minimum distance between a detached single-family dwelling and an adjacent town row house or multiplex unit shall be forty feet (40').

      4.   The minimum distance between detached single-family dwellings and an adjacent apartment building shall be sixty feet (60') or one-half (1/2) the height of the apartment building, whichever is greater.

      5.   The minimum distance between adjacent town row houses or multiplex houses and adjacent apartment buildings shall be forty feet (40') or one-half (1/2) the height of the apartment building, whichever is greater.

      6.   The minimum distance between a dwelling or apartment building and the district boundary line or the boundary line of a land use region covered by any final plan shall be twenty five feet (25') or one-half (1/2) the height of the dwelling or building, whichever is greater.

      7.   The minimum distance between adjacent town row houses and adjacent multiplex units shall be twenty feet (20'). (Ord. 73-69, 12-20-1973)

   B.   Commercial Use Areas:

      1.   The minimum distance between the exterior wall of any building and the right of way line of a primary arterial road shall be sixty feet (60'); provided, however, the planning and zoning commission may recommend, and the board of trustees may approve, a minimum distance of not less than thirty feet (30') if proper separation exists between the closest right of way line and the exterior wall of any building. Such separation must provide for good planning associated with commercial development. Such separation treatment may include landscaping, variable separation or distances along the right of way line and between exterior walls of buildings or any other suitable treatment. If a building located in a commercial use area of the district contains dwelling units, the minimum distance between the exterior wall of that portion of such building which contains the dwelling units and the closest right of way line of any public street or the closest easement line of any private street shall be thirty feet (30') or one-half (1/2) the height of the building, whichever is greater. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

      2.   If a building located in a commercial use area of the district contains dwelling units, the minimum distance between any boundary of the zoning lot on which the building is located and the exterior wall of that portion of the building which contains the dwelling units shall be thirty feet (30') or one-half (1/2) the height of the building, whichever is greater. (Ord. 73-69, 12-20-1973)

   C.   Industrial Use Areas:

      1.   The minimum distance between the exterior wall of any building and the right of way line of a primary arterial road shall be sixty feet (60'); provided, however, the planning and zoning commission may recommend, and the board of trustees may approve, a minimum distance of not less than thirty feet (30') if proper separation exists between the closest right of way line and the exterior wall of any building. Such separation must provide for good planning associated with industrial development. Such separation treatment may include landscaping, variable separation or distances along the right of way line and between exterior walls of buildings or any other suitable treatment. In industrial use areas of the district, the minimum distance between the closest right of way line of any public street or closest easement line of any private street and the exterior wall of any building shall be thirty feet (30') or one-half (1/2) the height of the building, whichever is greater. In such yard areas, no storage of material or equipment or parking of motor vehicles shall take place, and such yard areas shall be landscaped. Such landscaping requirement shall not prevent the location within such yard areas of driveways, pathways, utility easements and structures and similar appurtenances. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

      2.   In industrial use areas of the district, the minimum distance between adjacent principal buildings shall be thirty feet (30'), and the minimum distance between a principal building and an accessory building shall be twenty feet (20'). The required area between adjacent detached dwellings and apartment buildings, between a dwelling or apartment building and the boundary of the use area covered by any final plan, between adjacent buildings containing town row houses or multiplex units or between buildings and the closest right of way line of public streets or closest easement line of private streets or the boundary of a zoning lot may contain the permitted encroachments listed in subsection 11-10B-7D2 of this article. Neither a cellar nor a basement shall be considered a story for the purpose of this subsection C2. (Ord. 73-69, 12-20-1973)

   A.   Single-Family Detached Dwellings On Individual Zoning Lots: Each zoning lot which contains not more than one single-family dwelling shall have a minimum land area of nine thousand (9,000) square feet.

   B.   Two-Family Dwellings On Individual Zoning Lots: Each zoning lot which contains not more than one 2-family dwelling shall have a minimum land area of nine thousand (9,000) square feet.

   C.   Zoning Lots With Multiple-Family Dwellings And/Or Two Or More Single-Family Or Two-Family Dwellings On Individual Zoning Lots: Each zoning lot which contains two (2) or more single-family detached dwellings, two (2) or more two-family dwellings, one or more town row houses, one or more multiplex units, one or more multiple-family dwellings or apartment buildings, or any combination of the foregoing, shall have a minimum land area per dwelling unit in accordance with the following:

 

 

   D.   Buildings Containing Dwelling Units Located In Commercial Use Areas: In commercial use areas of the district, each zoning lot on which a building containing dwelling units is located shall have a minimum land area per dwelling unit in accordance with the requirements set forth in the last entry of the table found in subsection C of this section. (Ord. 73-69, 12-20-1973)

The bulk requirements to be complied with in connection with any use permitted by section 11-10B-3 of this article and any temporary use of a building or land provided herein shall be subject to the approval of the board or trustees, which approval may be given as part of the approval of a tentative development plan, a preliminary plan or a final plan. Separate application for such an approval may be submitted to the board of trustees by the developer, in writing. The board of trustees shall promptly refer such application to the planning and zoning commission, and the planning and zoning commission shall, within thirty (30) days from the date of referral, submit to the board of trustees its written recommendations with respect to such application. The planning and zoning commission may recommend that the board of trustees approve or disapprove the application and may, in the event of a favorable recommendation, specify particular conditions which should be incorporated in the approval. Within sixty (60) days after receipt of the planning and zoning commission recommendation, the board of trustees shall either approve or disapprove the application. An approval may be conditional and, if so, shall state what additions or deletions from the application as submitted shall be made in the application as approved. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

   A.   Application Of Provisions: In accordance with subsection 11-10B-5B of this article, any application submitted on or after March 24, 2008, for development, redevelopment or modification of any land or improvements existing thereon within the planned unit development district of 250 acres or more shall conform with the off street loading and off street parking regulations of chapter 13 of this title. Any such existing improvements for which modification, removal or redevelopment is not sought on or after March 24, 2008, shall conform to the requirements of this section. (Ord. 2008-14, 3-24-2008)

   B.   Definition: Unless otherwise stated, the term "floor area", as used in this section shall mean the gross floor area of a building or structure used or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. The term "floor area", for the purposes of this section, shall not include any area used for:

      1.   Storage accessory to the principal use or uses of a building.

      2.   Incidental repairs.

      3.   Processing or packaging of merchandise.

      4.   Show windows or offices incidental to the management or maintenance of a store or a building.

      5.   Restrooms.

      6.   Utilities.

      7.   Dressing, fitting or alteration rooms.

      8.   Malls or service corridors.

      9.   Parking facilities.

      10.   Heating, ventilating and air conditioning plants and similar areas.

   C.   Description:

      1.   Parking Space: A "required off street parking space" shall be an area of not less than one hundred sixty one and one-half (1611/2) square feet nor less than eight and one-half feet (81/2') wide by nineteen feet (19') long (exclusive of access drives or aisles, ramps, columns, or office and work areas) accessible from streets or alleys, or from private driveways or aisles leading to streets or alleys, to be used for the storage or parking of passenger automobiles and commercial vehicles under one and one-half (11/2) tons' capacity where permitted under this title. Aisles between vehicular parking spaces shall not be less than twelve feet (12') in width when serving vehicles parked at an angle of forty five degrees (45°) to the axis of an aisle accommodating one-way traffic, nor less than twenty feet (20') in width when serving vehicles parked perpendicular to the axis of an aisle accommodating two-way traffic, nor less than seventeen feet (17') in width when serving vehicles parked at an angle of sixty degrees (60°) to the axis of an aisle accommodating two-way traffic.

      2.   Loading Berth: A required off street loading berth shall be at least ten feet (10') in width by at least forty five feet (45') in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen feet (14').

   D.   Location:

      1.   Parking Spaces: Parking spaces required under this article shall be located as follows:

         a.   For single-family detached or two-family dwellings located on individual zoning lots, the required off street parking facilities shall be provided on the same zoning lot with the dwelling they are required to serve.

         b.   For single-family detached or two-family dwellings not located on individual zoning lots and for multiple-family dwellings, apartments, multiplex units or town rowhouses, the required off street parking facilities shall be provided on the same zoning lot where the building they are required to serve is located or on a separate zoning lot or parcel of land, in either case, not more than two hundred feet (200') from the nearest entrance to the building being served, measured from the nearest point of the parking facility.

         c.   For uses other than those specified above, off street parking facilities shall be provided on the same zoning lot as the building being served or on a separate zoning lot or parcel of land, in either case, not over one thousand feet (1,000') from the nearest entrance to the building being served, measured from the nearest point of the parking facility; provided, that the zoning lot or parcel of land intended for the parking facility is located in the same use area as is the building which the parking facility is intended to serve. (Ord. 73-69, 12-20-1973)

      2.   Loading Spaces: All required loading berths shall be located on the same zoning lot as the use to be served, and no portion of vehicles shall project into a street or alley. No loading berth for vehicles of a capacity of more than two (2) tons shall be located less than thirty feet (30') from the boundary of a residential use area or area outside the district zoned for residential use. The entrance to a loading berth shall not be located within thirty feet (30') of the nearest point of right-of-way of the intersection of any two (2) public streets. Each required off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement and shall be subject to approval of the Village Engineer. (Ord. 73-69, 12-20-1973; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   E.   Number Of Spaces:

      1.   Parking Spaces: The number of required off street parking spaces shall be as follows:

 

      2.   Loading Berths: In all use areas where property uses include the loading and unloading of materials or merchandise from vehicles, off street loading and unloading facilities shall be provided in accordance with the following requirements:

 

 

   F.   Additional Parking Regulations:

      1.   Computation Of Number Of Spaces: When determination of the number of off street parking spaces required by this section results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one parking space.

      2.   Surface Of Parking Areas: All open off street parking areas, except those accessory to single-family dwellings, shall be improved with a compacted macadam base not less than four inches (4") thick, surfaced with asphaltic concrete, or approved equal comparable hard surfaced, all weather, dustless materials.

      3.   Off Street Loading Berths: All open off street loading berths shall be improved with concrete pavement not less than six inches (6") thick, or approved equal comparative all weather, dustless material.

      4.   Access: All off street parking facilities shall be provided with appropriate means of vehicular access to a street, alley, or driveway in a manner which will least interfere with traffic movements. A parking area containing four (4) or more parking spaces shall have vehicular access thereto over a street, alley, or driveway containing all weather, hard surfaced pavement, and the location and route of access to such a parking area shall be identified. No driveway across public property in a residential use area shall have a width exceeding thirty six feet (36'), exclusive of curb returns.

      5.   Lighting: Illumination of off street parking areas shall be arranged so as not to adversely affect adjacent residential use areas and public streets.

      6.   Use Restrictions: Off street parking facilities accessory to dwellings located in residential use areas shall be used solely for the parking of passenger automobiles owned by occupants of dwellings to which such facilities are accessory or by employees or guests of said occupants. Under no circumstances shall parking facilities accessory to such dwellings be used for the storage of commercial vehicles or the parking of automobiles belonging to the owners of buildings, tenants or customers of business establishments except as modified by subsection F7 of this section.

      7.   Nonresidential Parking In Residential Use Areas: Accessory off street parking facilities serving nonresidential uses of property may be permitted in any residential use area when authorized by the board of trustees, which authorization may be given as part of the approval of a preliminary or final plan and, in any case, shall be subject to the following requirements in addition to all other relevant requirements of this section:

         a.   The parking facility shall be accessory to and for use in connection with one or more nonresidential establishments located in adjoining use areas.

         b.   The parking facility shall be used solely for the parking of passenger automobiles.

         c.   No commercial repair work or service of any kind shall be conducted on the parking facility.

         d.   No sign of any kind, other than signs designating entrances, exits, and conditions of use, shall be maintained on the parking facility, and no sign shall exceed twenty (20) square feet in area.

         e.   Each entrance to and exit from the parking facility shall be at least five feet (5') distant from any adjacent property located in any residential use area, except where ingress and egress to the parking facility is provided from a public alley or public way separating the residential use area from the parking facility.

      8.   Joint Parking Facilities: Off street facilities for different buildings, structures or uses or for mixed uses may be provided collectively in any use area in which separate parking facilities for each constituent use would be permitted, and the total number of spaces so located together may be less than the sum of the separate requirements for each use if a time diversity factor between each use is shown.

      9.   Off Site Facilities: When required accessory off street parking facilities are provided elsewhere than on the property on which the use served is located, they shall be in the same possession, either by deed, long term lease or other arrangement, as the property occupied by such use, and the owner shall be bound by covenants filed of record in the office of the county recorder of deeds requiring the owner and his or her heirs and assigns to maintain the required number of parking spaces during the existence of said use. If, for any reason, the number of off street parking spaces available should be permanently reduced below the minimum number required by this article, the owner and/or occupant shall be required, within a period of one year from the date such diminution in spaces shall occur, to provide alternative parking facilities or to reduce the size, type or intensity of use of the property to comply with the provisions of this article.

      10.   Signs: No sign shall be displayed in any parking area within residential use areas except such as may be necessary for the orderly use of the parking facilities.

      11.   Landscaping: In a residential use area or on any institutional premises, the perimeters of all open automobile parking lots containing more than four (4) parking spaces shall be effectively landscaped.

      12.   Wheel Guards: All parking lots shall be provided with an acceptable device so located so that no part of parked vehicles will extend beyond the property line of the parking lot. (Ord. 73-69, 12-20-1973)

When, and if, any property in the district not included in a final plan approved by the board of trustees pursuant to section 11-10B-15 of this article shall be conveyed to a person other than one of the developers of the district on the date the district is classified as such pursuant to an ordinance adopted by the board of trustees, the deed of conveyance or another appropriate document which will bind such party and any subsequent owner of the property shall contain provisions specifying the land use regions in which such property may be developed, the residential density which will be permitted in the development of such property, the open space, park, recreation land and school site land reservation and dedication or sale obligations which will apply to such property and such other restrictions and limitations as shall be deemed necessary and relevant. A copy of such deed or other document shall be deposited with the village clerk. (Ord. 73-69, 12-20-1973)

In accordance with subsection 11-10B-5B of this article, any application submitted on or after March 24, 2008, for development, redevelopment or modification of any land or improvements existing thereon within the planned unit development district of 250 acres or more shall conform with the general provisions of chapter 5 of this title and the off street loading and off street parking regulations of chapter 13 of this title. Any such existing improvements for which modification, removal or redevelopment is not sought on or after March 24, 2008, need not conform with sections 11-5-9, 11-5-11 and 11-5-12 and chapter 13 of this title. (Ord. 2008-14, 3-24-2008)

   A.   General Requirements:

      1.   Application For PUD; Tentative Plan: Application for the establishment of a planned unit development district of 250 acres or more (hereinafter in this section called the "district") may be made by the developer by filing with the village clerk an application for a zoning amendment establishing a planned unit development district of 250 acres or more. Said application shall be accompanied by a tentative development plan, which application and tentative development plan shall be deemed to comply with subsection 11-3-5B of this title for a zoning amendment application and the plans, data and other information and evidence that must accompany such application. Said tentative development plan shall include the following:

         a.   A land use plan for the district which shows the boundaries of the proposed district, sets forth the present plans of the developers of the district with respect to the future development of the district into the types of land use regions described in this article and the location of such land use regions in the district, and shows the portions of each land use region in which certain uses are contemplated and those portions in which certain uses are not contemplated. Any residential use area shown on a land use plan shall also show neighborhood areas (hereinafter called "neighborhood[s]") with the proposed number of dwelling units by type of residential unit proposed to be constructed in said neighborhood, general alignment of collector roads and a schematic representation of recreation areas as defined in subsection 11-10B-4D of this article.

         b.   A legal description of the property proposed to be included in the district and as shown on the land use plan.

         c.   A written explanation of the general character of the proposed district including:

            (1)   A description of all land uses to be included in the district with maximum and minimum percentage limitations for each use as well as the proposed number of acres to be devoted to recreational areas and school and municipal purposes;

            (2)   The projected maximum number of dwelling units to be constructed in the district;

            (3)   A description of each type of residential unit proposed to be constructed in the neighborhoods (i.e., single-family, town row house, low rise multi-family, high rise multi-family, etc.);

            (4)   The estimated population of the district broken down by school district and into preschool children, children in grades kindergarten through fifth, sixth through eighth, ninth through twelfth, and adults; and

            (5)   The estimated total assessed valuation of all real estate in the district, broken down by school district, as may be anticipated upon completion of development of the district.

         d.   A preliminary engineering study providing a general description of existing sanitary and stormwater facilities and service water facilities on and adjacent to the proposed district and the proposed improvements necessary to handle properly the sanitary and stormwater and service water needs upon development of the district.

         e.   A preliminary traffic study providing a general description of existing roads on and adjacent to the proposed district and the proposed road improvements necessary to handle properly the traffic anticipated to be generated upon development of the district.

         f.   A proposed construction schedule showing the anticipated number of dwelling units to be constructed during the anticipated term of development of the district, which anticipated number may be shown in the form of minimum and maximum percentages based upon the percentage of residential development of the district, together with a proposed construction schedule, showing the anticipated amount of square feet of commercial property to be constructed and ready for occupancy during the anticipated term of the development of the district.

         g.   A description of the modifications, exceptions, and variations from this title or the village subdivision control ordinance which are being requested as part of the application for establishment of the district.

         h.   The proposed period of time within which the developer, in accordance with subsections B5 and C5 of this section, shall be required to submit to the board of trustees preliminary plans and final plans covering all of the proposed district. (Ord. 73-69, 12-20-1973)

      2.   Planning And Zoning Commission Action: After the close of the public hearing provided in subsection 11-3-5D of this title, and within the time period provided in subsection 11-3-5E2 of this title but in no event later than ninety (90) days after the date on which the application was forwarded by the board of trustees, unless the developer and the planning and zoning commission have agreed to an extension of such time period, the planning and zoning commission shall submit to the board of trustees its recommendation with respect to the application. The planning and zoning commission may recommend that the board of trustees approve or disapprove the application. In either case, the planning and zoning commission shall set forth the reasons for its recommendation and may, in the event of a favorable recommendation, specify particular conditions which should be incorporated in an approval of the application.

      3.   Board Of Trustees Action: Within sixty (60) days after receipt of the planning and zoning commission's recommendation, the board of trustees shall either approve or disapprove the application. An approval may be conditional and, if so, shall specifically state what additions or deletions from the tentative development plan as submitted shall be made in the application as approved.

      4.   Zoning Amendment: Upon approval of the application for establishment of a district by the board of trustees and acceptance by the developer of any conditions incorporated in such approval, the board of trustees shall proceed to amend the zoning map by rezoning the property as a planned development district of 250 acres or more. The public hearing on the application previously held by the planning and zoning commission pursuant to the amendment procedure provided in section 11-3-5 of this title shall satisfy all hearing requirements for the rezoning action. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

   B.   Preliminary Plans:

      1.   Within such time periods as are prescribed in subsection B5 of this section, preliminary plans for all or specified development phases of the district shall be submitted for approval by the board of trustees in accordance with the procedures set forth in subsection E of this section. There shall be no minimum acreage requirement with respect to preliminary plans except for the first preliminary plan, which shall contain at least fifteen (15) acres. Approval of preliminary plans may not be withheld for reasons that would be inconsistent with the approved tentative development plan. In considering the approval of a preliminary plan, no further public hearing shall be required to approve changes from the tentative development plan which are not "major changes" as defined in subsection B2 of this section. (Ord. 73-69, 12-20-1973)

      2.   Major changes from the tentative development plan shall not be made without consideration of such changes at a public hearing held in accordance with the provisions of subsections 11-3-5C, D, E and F of this title. The planning and zoning commission, after holding such a hearing, shall make its recommendations to the board of trustees. A "major change" shall be a change which substantially alters the proposed uses (including open space) or the percentages or the maximum or minimum percentage limitations for each use, projected densities for residential uses or the maximum or minimum limitations for such densities, or the intent and purpose of the tentative development plan. (Ord. 73-69, 12-20-1973; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

      3.   The increase or decrease by ten percent (10%) of the number of residential units proposed to be constructed in the neighborhood, either in total or by type, shall not require the approval of the board of trustees; provided, however, that the total number of residential units in a land use region shall not exceed the maximum number provided in the tentative development plan.

      4.   A preliminary plan shall include or be accompanied by the following and shall be generally in the form and contain the substance set forth in exhibit 1 in subsection C4j of this section:

         a.   A boundary survey and legal description of the area covered by such preliminary plan, prepared and certified by a registered Illinois land surveyor, including the total acreage therein certified to the nearest one hundredth of an acre, a north point (designated as true north), and the date of preparation.

         b.   A topographical survey of the area covered by such preliminary plan at two foot (2') contour intervals as such area exists at that time.

         c.   A map showing the existing zoning of property covered by the preliminary plan and the area within one hundred feet (100') thereof as well as of the boundaries of a land use region, if said boundaries fall within the property covered by the preliminary plan.

         d.   A plan of the area covered by such preliminary plan indicating categories of land uses including the approximate number of dwelling units and the approximate number of square feet of other uses.

         e.   A plan of the neighborhood and the area within the neighborhood covered by such preliminary plan, drawn at an appropriate scale, indicating the following:

            (1)   Existing and proposed public roads, streets and recreation areas.

            (2)   Existing easements and proposed easements to be granted in lieu of rights of way.

            (3)   General areas of location and number of residential units proposed to be constructed in the neighborhood by type of unit, including the approximate heights thereof.

         f.   A schematic public utilities plan of existing and proposed utilities, drawn at a scale of not less than one inch equals two hundred feet (1" = 200'), for the area covered by such preliminary plan and the area within one hundred feet (100') thereof indicating the following:

            (1)   Schematic sanitary and storm sewer systems.

            (2)   Schematic water supply systems.

            (3)   Schematic street lighting and public area lighting systems.

         g.   A time schedule of the proposed development of the area covered by such preliminary plan.

         h.   With respect to residential use areas within a residential land use region, all of the requirements set forth in subsections B4a through B4g of this section, plus the following:

            (1)   General location of proposed public and private collector and secondary roadway system within the neighborhood and within the area of the neighborhood which is the subject of the preliminary plan.

            (2)   The number, type, height and general location of all buildings and structures within only the area which is the subject of the preliminary plan.

            (3)   Architectural renderings of the proposed structures within only the area which is the subject of the preliminary plan.

            (4)   The general size and location of all parking facilities within only the area which is the subject of the preliminary plan.

      5.   The first preliminary plan of the proposed district ("first preliminary plan") shall be submitted for approval within twelve (12) months after adoption by the board of trustees of the amendment establishing the district; provided, that upon request in writing of the developer, the board of trustees may, at any time or from time to time, by resolution duly adopted at any meeting of the board of trustees, extend the period of time for the submission of a first preliminary plan. If the first preliminary plan shall cover less than all of the district, preliminary plans for additional areas of the district may be submitted to the board of trustees from time to time after submission of such first preliminary plan; provided, that preliminary plans covering all of the district shall be submitted to the board of trustees within such period of time as shall have been prescribed in the approval of the application for establishment of the district, which shall be not more than seventeen (17) years after the adoption by the board of trustees of the amendment establishing the district; and provided further, that upon request in writing of the developer, the board of trustees may, at any time and from time to time, by resolution duly adopted at any meeting of the board of trustees, extend the period of time for submission of preliminary plans covering all of the district. A preliminary plan for all or part of a district may be submitted for approval with the application for establishment of the district, and such preliminary plan may be approved by the board of trustees at the time such application is approved.

   C.   Final Plans:

      1.   Within such time periods as are prescribed in subsection C5 of this section, final plans for specified development phases, or portions of specified development phases upon which a preliminary plan has previously been submitted, of the district shall be submitted for approval by the board of trustees in accordance with the procedures set forth in subsection E of this section. Approval of a final plan may not be withheld for reasons that would be inconsistent with the tentative development plan or the approved preliminary plan for the area covered by such final plan. In considering the approval of a final plan, no further public hearing shall be required to approve changes from the approved preliminary plan for the area covered by such final plan which are not "major changes" as defined in subsection C2 of this section. (Ord. 73-69, 12-20-1973)

      2.   Major changes from the approved preliminary plan shall not be made without consideration of such changes at a public hearing which shall be held by the planning and zoning commission in accordance with the provisions of subsections 11-5-3C, D, E and F of this title. The planning and zoning commission, after holding such a hearing, shall make its recommendations to the board of trustees. A "major change" shall be a change which substantially alters the proposed uses (including open space) or the percentages or the maximum or minimum percentage limitations for each use, projected densities for residential uses or the maximum or minimum limitations for such densities, or the intent and purpose of the tentative development plan or the approved preliminary plan for the area covered by such final plan. (Ord. 73-69, 12-20-1973; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

      3.   The board of trustees shall approve any final plan submitted thereto which is in substantial conformance with an approved preliminary plan.

      4.   A final plan shall include or be accompanied by the following:

         a.   A calculated and dimensioned development plan for the area covered by such final plan, drawn at an appropriate scale, indicating the following:

            (1)   All public and private street rights of way and easements.

            (2)   Dimensioned building sites, dimensioned setback lines and the proposed use of each building site.

            (3)   Off street parking and service areas not incidental to building sites.

            (4)   Recreation areas.

            (5)   Sites for schools and other public facilities.

         b.   Development plans and specifications for the following improvements:

            (1)   Roads, streets and alleys, including classifications, width of rights of way, width of paved surfaces and construction details.

            (2)   Sidewalks, including width of paved surfaces and construction details.

         c.   Engineering drawings and specifications for:

            (1)   Sanitary and storm sewer systems.

            (2)   Water supply system.

            (3)   Street lighting and public area lighting systems.

Such engineering drawings and any other engineering drawings required by any other ordinance of the village shall be prepared in such detail as may be required by good engineering practices.

         d.   Estimates of the cost of installation of all proposed public improvements, confirmed by a registered Illinois engineer.

         e.   Provisions which will govern the use, maintenance and protection of access easements, off street parking spaces and common open space within the area covered by such final plan unless such provisions have been included in the tentative development plan or in an approved preliminary plan for the area covered by such final plan.

         f.   A rendered outline plan of the area covered by such final plan showing the boundaries of the land use areas, if such boundaries are within the property covered by such final plan. (Ord. 73-69, 12-20-1973)

         g.   A preliminary landscaping drawing of sufficient detail with respect to proposed landscaping, screening, fencing, pathways, lighting, where necessary, and buffering, if any, so as to generally inform the planning and zoning commission and the board of trustees as to the intentions of the developer in these matters. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

         h.   At the developer's option, a recordable plat of subdivision.

         i.   Architectural renderings of the proposed structures.

         j.   Exhibit 1, as follows:

      5.   Final plans for all of the area covered by the first preliminary plan required by subsection B5 of this section shall be submitted to the board of trustees for approval within three (3) years after approval of such first preliminary plan by the board of trustees; provided, that upon request in writing of the developer, the board of trustees may, at any time or from time to time, by resolution duly adopted at any meeting of the board of trustees, extend the period of time for the submission of such final plans. Final plans covering all of the district shall be submitted to the board of trustees for approval within such period of time as shall have been prescribed in the approval of the application for establishment of the district, which shall be not more than twenty (20) years after adoption by the board of trustees of the amendment establishing the district; provided, that upon request in writing of the developer, the board of trustees may, at any time and from time to time, by resolution duly adopted at any meeting of the board of trustees, extend the period of time for submission of final plans covering all of the district.

   D.   Standards:

      1.   Except for modifications and exceptions granted pursuant to subsection D2 of this section, a district shall be subject to all of the regulations provided in this article. (Ord. 73-69, 12-20-1973)

      2.   As part of the approval of the tentative development plan for a district or of a preliminary plan or a final plan for all or a part of a district, the planning and zoning commission may recommend and the board of trustees may grant, for all or specified areas of the district, modifications and exceptions from any provisions of this title or the village subdivision control ordinance and any other ordinances of the village. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

      3.   A district shall be developed only in accordance with approved final plans. (Ord. 73-69, 12-20-1973)

      4.   In granting or withholding approval of the tentative development plan, preliminary plans and final plans, the planning and zoning commission and the board of trustees shall be guided in the reasonable exercise of their discretion by the following standards: (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

         a.   All plans shall be so designed that the public health, welfare and safety will be protected.

         b.   The proposed development of the district shall be such that it does not cause substantial injury to the value of other property in the neighborhood.

         c.   All plans shall provide for protection of both aesthetics and function of the natural environment, which shall include, but not be limited to, conditions pertaining to floodplains, soil and geologic characteristics and preservation of vegetation.

         d.   All plans shall provide for and ensure the preservation of adequate and permanent open space.

         e.   Residential use areas shall have a variety of housing types and densities necessary to achieve a balanced neighborhood.

         f.   The district shall include land area necessary to accommodate cultural, educational, recreational and other public and quasi-public activities necessary to serve the needs of the residents thereof.

         g.   The proposed development of the district shall provide for the orderly and creative arrangement of all land uses with respect to each other and to the entire village.

         h.   The proposed development of the district shall provide for developed recreational activity areas necessary to serve the needs of the residential portion of the district. (Ord. 73-69, 12-20-1973)

         i.   The planning and zoning commission and the board of trustees need not approve any preliminary plan or final plan which deviates from the tentative development plan where such deviation results in: (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

            (1)   A change which alters the concept, character or intent of the overall development as set forth in the tentative development plan or any preliminary plan; or

            (2)   A change which would ultimately adversely affect the capacity of the public utilities then presently intended to be constructed by or for the village, unless the developer agrees to eliminate any such adverse effect without cost to the village over and above the cost to have been incurred by the village, if any, prior to such change. (Ord. 73-69, 12-20-1973)

      5.   In addition to the standards provided in subsections D1 through D4 of this section, in considering a preliminary plan or final plan, the planning and zoning commission and the board of trustees may disapprove such preliminary plan or final plan if, in their reasonable discretion, such preliminary plan or final plan fails to provide a satisfactory relationship between different types of residential units within the area covered by such preliminary plan or final plan as well as those existing or proposed in any adjacent area of the neighborhood in which the land which is the subject of said preliminary plan or final plan is located; fails to reasonably provide and locate recreational areas within the preliminary plan or final plan; fails to provide a usable and safe network of public and private roads for the neighborhood; or otherwise fails, in accordance with good planning principles recognized by professional planners, to design a livable and healthful modern environment within the standards set forth in this article; provided, however, that the village disapproval of any preliminary plan or final plan or plans may not be for reasons which are inconsistent with the standards provided in this article. If a preliminary plan or final plan is in conformity with good planning standards as aforesaid, it shall be approved. If such preliminary plan or final plan is not approved, the developer shall be notified in writing of the basis for such disapproval and the manner in which such preliminary plan or final plan is not in conformity with good planning standards as aforesaid. Where disagreement arises, such disagreement may, at the option of the developer, be submitted to a nationally recognized professional land planner of the village's choice, excepting therefrom any planner then engaged by the village, who shall mediate the matters in disagreement. The developer shall bear the entire reasonable cost of such planner's study and opinion. The decision of such planner shall be advisory only and not binding upon the parties. (Ord. 73-69, 12-20-1973; amd. Ord. 2014-48, 10-27-2014)

   E.   Procedure For Approval Of Preliminary And Final Plans Or Developer's Requested Amendments:

      1.   Preliminary plans and final plans, or any requested amendments thereto, for all or specified phases of a district shall be submitted by the developer to the village clerk with written application for approval. (Ord. 96-40, 9-9-1996)

      2.   The board of trustees shall refer each such preliminary or final plan, or any requested amendments thereto, to the planning and zoning commission and to such village officers as it deems appropriate. (Ord. 96-40, 9-9-1996; amd. Ord. 2014-48, 10-27-2014)

      3.   The planning and zoning commission and the village officers to whom such plan is referred shall review the preliminary plan or final plan, or requested amendments thereto, and if so directed by the board of trustees pursuant to subsection B2 or C2 of this section, the planning and zoning commission shall hold a public hearing on a preliminary or final plan, or any requested amendments thereto, in accordance with the provisions of subsections 11-5-3C, D, E and F of this title. The planning and zoning commission shall, within sixty (60) days from the date of referral, after considering the preliminary or final plan at a public meeting noticed in the manner provided in subsections 11-3-4C2a, C2b and C2d of this title, submit to the board of trustees its written recommendations with respect to the preliminary or final plan or any requested amendments thereto, which recommendations shall include the recommendations of the village officers to whom such plans are referred. The planning and zoning commission shall review the preliminary or final plan or any requested amendments thereto and, subject to the provisions of subsections B and C of this section, may recommend, within the exercise of its reasonable discretion, that the board of trustees approve or disapprove of such preliminary plan or final plan or any requested amendments thereto. In either case, the planning and zoning commission shall set forth in writing the reasons for its recommendation, and may, in the event of a favorable recommendation, specify particular conditions which should be incorporated in the approval of the preliminary or final plan or any requested amendments thereto. (Ord. 96-40, 9-9-1996; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

      4.   Within forty five (45) days after receipt of the planning and zoning commission's recommendation, the board of trustees, within the exercise of its reasonable discretion, shall either approve or disapprove the preliminary plan or final plan, or any requested amendments thereto. An approval may be conditional and, if so, shall specifically state what additions or deletions from the preliminary plan or final plan, or any requested amendments thereto, as submitted, shall be made in the preliminary plan or final plan or any requested amendments thereto as approved. Such additions or deletions shall be shown on or attached to such approved preliminary plan or final plan, or any requested amendments thereto.

      5.   A developer may request the planning and zoning commission to waive preliminary plan approval procedures for any area in a district, and if such request is granted, the developer may, without having obtained approval of a preliminary plan covering the area, submit for approval, in accordance with the procedures prescribed in this subsection and within the time period prescribed for submission of a preliminary plan for the area, one or more final plans for the area. (Ord. 96-40, 9-9-1996; amd. Ord. 2014-48, 10-27-2014)

      6.   Promptly after approval of each final plan, or any requested amendments thereto, six (6) complete copies of such approved final plan, or any requested amendments thereto, with all accompanying materials and data, shall be prepared at the developer's expense and deposited with the Village Clerk. (Ord. 96-40, 9-9-1996)

   F.   Subdivision:

      1.   At the time of submission of any preliminary plan for all or part of a district, the developer may request that all or part of such preliminary plan be considered and approved as a "preliminary plan" under the Village subdivision control ordinance, and at the time of submission of a final plan for all or part of a district, the developer may request that all or part of such final plan be considered and approved as a "final plan" under the Village subdivision control ordinance.

      2.   Approval of all or part of any preliminary plan also submitted for consideration and approval as a "preliminary plan" under the Village subdivision control ordinance shall not be withheld for reasons that would be inconsistent with the tentative development plan theretofore approved by the Board of Trustees in accordance with the provisions of this section. Any approval of such preliminary plan shall be deemed an approval of a "preliminary plan" under the Village subdivision control ordinance, and in case of conflict between the requirements for approval of a preliminary plan under this section and the requirements for approval of a "preliminary plan" under the Village subdivision control ordinance, the requirements of this section shall control.

      3.   Approval of all or part of any final plan also submitted for consideration and approval as a "final plan" under the Village subdivision control ordinance shall not be withheld for reasons that would be inconsistent with the tentative development plan or preliminary plans theretofore approved by the Board of Trustees in accordance with the provisions of this section. However, any approval of such final plan shall be deemed an approval of a "final plan" under the Village subdivision control ordinance only if the requirements of said subdivision control ordinance are met.

      4.   Nothing contained herein shall be deemed to require the subdivision of any part of a district.

   G.   Submission Of Updated Land Use Plans:

      1.   Submission With Preliminary Plans: At any time and from time to time, when a preliminary plan for a portion of the district is submitted for approval, it shall be an obligation of the developer of such portion to cause the developer of the district to prepare and submit to the Village with such preliminary plan an updated Land Use Plan for those areas in the district for which preliminary plans shall not then have been submitted for approval.

      2.   Submission By Developer: At any time and from time to time, the developer of the district may submit to the Village an updated Land Use Plan for any area in the district for which preliminary plans shall not then have been submitted for approval.

      3.   Annual Submissions: When no updated Land Use Plan for the district shall have been prepared for one year, the developer of the district shall, unless the Village waives such obligation, prepare and submit to the Village a Land Use Plan for those areas in the district for which preliminary plans shall not then have been submitted for approval.

   H.   Land Use Plans To Reflect Developer's Best Intentions: The Land Use Plan included as part of the tentative development plan, and each updated Land Use Plan subsequently prepared and submitted in accordance with subsection G of this section shall, as of its date, reflect the best intentions of the developer of the district with respect to the future development of the district into land use areas and the location of such land use areas in the district. (Ord. 73-69, 12-20-1973)

   I.   Permits: Building, zoning and occupancy permits shall be required for each structure in a district. No building permit relating to any part of a district shall be issued prior to the approval of a final plan for such part of the district in accordance with the provisions of subsection E of this section; provided, however, that subject to the approval of the Village Engineer, excavation operations may proceed at any time following approval of the tentative development plan and without approval of a preliminary plan; and provided further, that construction of sewer, water and other utility improvements as well as street and roadway improvements may proceed at any time following approval of the tentative development plan and without approval of a preliminary plan upon compliance with the provisions of the Village subdivision control ordinance. (Ord. 73-69, 12-20-1973; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   J.   Changes In Land Use Plans Requiring Board Of Trustees Approval:

      1.   Changes in the land use plan included in the tentative development plan or in any updated land use plan prepared and submitted in accordance with subsection G of this section which involve the relocation of a land use region in the district or the establishment of a new land use region in the district shall require the approval, in the exercise of its reasonable discretion, of the board of trustees, which approval may be obtained in accordance with the procedures set forth in subsections B2 and C2 of this section; provided, that except as hereinafter set forth in this subsection, all other changes in any such land use plan including, but not limited to, the following, shall not require a public hearing but shall require the approval, in the exercise of its reasonable discretion, of the board of trustees:

         a.   The relocation of one or more business use areas in a residential land use region, each of which contains no more than twenty five (25) acres; and

         b.   The enlargement of a land use region into property contiguous to such land use region prior to such enlargement, the contraction of a land use region or the elimination of a land use region, or the enlargement of a commercial area established or relocated pursuant to subsection J1a of this section to a size greater than twenty five (25) acres; provided, that properties separated by highways, streets, public ways or railroad or public utility rights of way shall be deemed contiguous for the purpose of this subsection J1b; and

         c.   Any changes in such land use plan which are deemed necessary or desirable by the developer of the district for which preliminary plans shall not have been submitted for approval because of any of the following events and which are reasonably attributable to such event or events:

            (1)   A change in the zoning classification of property adjacent to but outside the boundaries of the district; or

            (2)   The future location or elimination of major public transportation facilities or routes designed, in whole or in part, to serve the district; or

            (3)   The enactment of any municipal, state or federal ordinance or law or the issuance of any executive or judicial ordinance or decree.

      2.   In a business land use region, the enlargement of a commercial use area into property contiguous to such use area prior to such enlargement, and the enlargement of a residential use area within the boundaries of the same neighborhood at the same density as the area being enlarged prior to such enlargement, shall be permitted without requiring the approval of the board of trustees; provided, that such enlargement does not result in a percentage of use of land in such region in excess of the percentage permitted in the tentative development plan; and provided further, that such enlargement does not result in a use of land in an area designated on the tentative development plan as an area not contemplated for such use; provided, however, that the reduction of a commercial use area shall not be allowed where the remaining commercial use area could be reasonably characterized as susceptible to strip commercial development. (Ord. 73-69, 12-20-1973)