(a)

Special uses are generally uses which have unique, special or unusual impact upon the use or the enjoyment of neighboring properties beyond those uses normally included "of right" within any one zoning district. Such uses may include, but are not limited to, public and quasi-public uses affecting the public interest. Planned developments are an example of special uses.

(b)

The board of trustees, in accordance with the procedures and standards set forth in this division and by due adoption of the ordinance from which this chapter is derived shall have authority to grant special uses.

(Code 1964, § 30-12.01; Ord. No. 96-14, 3-25-1996; Ord. No. 97-34, 7-14-1997)

Special uses may be granted by the board of trustees of the village after a public hearing is held by the planning and zoning commission, and after the responsible commission or board has made written recommendation to the village board on the matter. A special use shall be permitted only upon evidence that such use meets standards established in this chapter. The granting of the special use may be made subject to specific conditions reasonably necessary to meet such standards. Any special use application which fails to receive a positive recommendation by the respective planning and zoning commission must, in order to gain approval by the village board, receive the favorable vote of two-thirds of all trustees of the village board.

(Code 1964, § 30-12.01(A); Ord. No. 96-14, 3-25-1996; Ord. No. 97-34, 7-14-1997; Ord. No. 2013-69, § 39, 12-16-2013)

(a)

The following procedure is applicable for the filing for an application of any special use permit, excepting one which is intended for a planned development. A planned development is a development technique intended to encourage imaginative design of coordinated land uses and to provide relief from those zoning and subdivision requirements which have been developed for conventional developments. Procedures for application for a planned development are provided later in this division.

(b)

The application requesting the special use along with the proposed hearing notice and the following material shall be presented to the zoning enforcement administrator not less than ten working days prior to the date of intended publication of the legal notice:

(1)

A survey of the property;

(2)

A site plan drawn to scale, showing the location of all existing and proposed structures on the site, including, but not limited to, driveways, loading areas, parking areas, and other development features;

(3)

A statement specifically outlining the special use sought, its compatibility with the intent and purpose of the specific zoning district proposed for location; the compatibility with existing uses on the site, if any, as well as to uses within the vicinity; and, what, if any special actions are contemplated to modify any unique, special or unusual impacts which the special use may cause or intensity upon properties and uses upon public facilities or neighboring properties; and

(4)

Additional information which may be required by this division.

(c)

Upon determination by the zoning enforcement administrator that the legal notice is in proper order and that the application for special use, as well as all materials required, have been properly submitted with appropriate fees, a hearing shall be scheduled before the planning and zoning commission on the first available date, on a first-filed, first-scheduled, space-available basis. All applications for special use shall disclose full ownership of all property for which the special use is sought, as well as that of the person, firm or corporation seeking the license to operate the same. Disclosure shall include those persons having any beneficial interest if the property and/or business is held in trust.

(d)

In addition to other forms of notice as may be required by this chapter, the applicant will be required to post on the property a sign, to be furnished by the village and which remains the property of the village, which states in general terms that action has been requested potentially affecting some aspect of change or modification of the zoning upon the specific property that a public hearing is to be held and documentation regarding the request is on file and available for public review in the office of the zoning enforcement administrator. The sign and its location are intended to be visible to the general public and serve as additional notice of a request being made relating to the zoning ordinance. The sign shall be of such size and shall be placed at such location as is directed by the zoning enforcement administrator. The sign shall be installed by the applicant no more than 30 days nor less than 15 days prior to the date of the scheduled public hearing.

(e)

At the public hearing, the planning and zoning commission shall receive sworn testimony and evidence pertaining to the request for the special use and any objections thereto. All evidence shall be made a permanent part of the planning and zoning commission hearing file on the matter. In developing its recommendation, the planning and zoning commission shall determine if, and to what extent, the proposed special use at the particular location is necessary and desirable to provide a service or a facility that is in the interest of the public convenience or will provide for the general welfare of the zoning district or the village as a whole.

(f)

Also to be considered is the availability of locations for such use at other sites which may permit the requested special use as a "use of right" and which may be more appropriate. Finally, to be considered are any unique, special or unusual circumstances, the extent of the same and what, if any, special conditions, limitations, controls or other mechanisms may be undertaken to lessen or preclude any undesirable effects of granting the special use.

(g)

Within 30 calendar days of the conclusion of the public hearing, the planning and zoning commission shall render a recommendation, together with supporting facts and evidence concerning the application for the special use to the village board. Also to be included are any recommendations and conditions which the planning and zoning commission feels are required to eliminate or reduce any negative impact anticipated as a result of the special use.

(h)

Within 60 calendar days of the receipt of the recommendation from the planning and zoning commission or the final date for which the planning and zoning commission action was due, if no recommendation is received from the planning and zoning commission on the special use application, the board of trustees shall either deny or grant, with or without modifications or conditions and in appropriate ordinance form, the request for the special use sought. Failure of the board of trustees to act within this period of time shall be deemed a denial of the application for the special use permit, unless such period is otherwise extended by the village board upon written request of the petitioner.

(Code 1964, § 30-12.01(B); Ord. No. 96-14, 3-25-1996; Ord. No. 97-34, 7-14-1997; Ord. No. 2013-69, § 40, 12-16-2013)

(a)

The planned development procedure is established to encourage unique solutions for development proposals which, if conforming to standards established for conventional developments, would inhibit innovation and cause undo hardship with regards to parcels which present technical development problems. However, the process is intended to provide for safe and desirable living and working conditions by utilizing new technology, unified use and site development, and amenities, while meeting the intent and purpose of the zoning ordinance.

(b)

Because of the anticipated degree of uniqueness of planned developments, the process set forth in this section will require a series of presentations, meetings and hearings. The following material presented in this section represents the procedure required for applying for a planned development special use:

(1)

Before submitting necessary materials for a preliminary planned development application, the developer is required to attend a preapplication conference with the village manager, code enforcement director, village engineer and appropriate members of village staff as determined by the village manager. The conference will be scheduled by the village manager at a time convenient to the applicant and village staff. The purpose of the preapplication process is to informally discuss the general concept of the proposed development, its effect on the surrounding area and the village as a whole, and the feasibility of public services. The conference is advisory and is intended to allow both sides to express their concerns and reach mutual conclusions. The following material is to be supplied by the applicant a minimum of five working days prior to the scheduled preapplication conference:

a.

A survey of the property;

b.

A site plan drawn to scale, showing the location of all existing and proposed structures on the site, including, but not limited to, driveways, loading areas, parking areas, and other developmental features;

c.

A statement specifically outlining the planned development; its compatibility with the intent and purpose of the specific zoning district proposed for location; the compatibility with the existing uses on the site, if any, as well as to uses within the vicinity; and, what, if any, special actions are contemplated to modify any unique, special or unusual impacts which the planned development may cause or intensify upon the property, neighboring properties, and public facilities; and

d.

Other written background material and information the applicant may feel to be of use for the village staff to review.

(2)

After the preapplication conference has been held, the applicant shall be offered the opportunity to request a preapplication appearance before the planning and zoning commission followed by a preapplication appearance before the village board to informally discuss the initial concept for the proposal. Neither the commission nor the board shall be required to provide a formal position statement or recommendation. The same materials as presented to the preapplication conference with village staff, and as may have been revised, shall be presented a minimum of seven working days prior to the scheduled planning and zoning commission meeting and subsequent meeting or public work session of the village board. Where any materials are of a size greater than 11 inches by 17 inches or are not easily reproducible, they shall be submitted in sufficient quantities as requested by the village manager.

(3)

After the applicant has held a preapplication conference with village staff, an applicant desirous of proceeding with a planned development may submit an application to request formal, preliminary planned development review. This process involves a formal review and recommendation being developed by village staff; a hearing conducted, and development of a recommendation by the planning and zoning commission regarding the application; and action by the village board, consecutively. The applicant requesting preliminary planned development review along with the proposed hearing notice shall present the following materials to the zoning enforcement administrator a minimum of four weeks prior to the respective meeting/hearing date. The zoning enforcement administrator may require an earlier submission date if the proposed planned development is expected to require additional staff review time. Hearing/meeting dates shall not be established until all required submittals are received and fees paid to the zoning enforcement administrator:

a.

Completed planned development application form;

b.

Site plan indicating:

1.

Project title.

2.

Notation that the plan is a preliminary planned development site plan.

3.

Name, address and telephone number of applicant and preparer of the plan.

4.

Date.

5.

Scale (one inch equals 100 feet or larger).

6.

North point.

7.

Legal description and proposed zoning for each segment of the parcel.

8.

Area of entire parcel and approximate areas of different land use parcels.

9.

Floor area of nonresidential structures in each separate section.

10.

Approximate locations of buildings and structures.

11.

Schematic representation of existing trees and landscaping proposed.

12.

Zoning of all adjacent parcels contiguous or directly across any public alley or right-of-way from the project site.

13.

Character of immediate contiguous property and within 100 feet showing location of streets, easements, utilities, property lines and principal structures.

14.

Location of proposed streets showing dimensions of rights-of-way and pavement.

15.

Location and approximate areas of parcels to be dedicated to public bodies and/or reserved for common control by the site's owner or owner's association.

16.

Floodplain limits as delineated on HUD flood maps of USGS quadrangle maps.

c.

Topographic maps showing one foot contour intervals.

d.

Details of all variations requested in the planned development (if no variations are requested, so state that none are being requested).

e.

Traffic analysis indicating:

1.

Traffic generation of proposal.

2.

Impact on existing traffic.

3.

Improvements needed to minimize negative impact of site-generated traffic on street network.

f.

Proof of ownership (if ownership is in a land trust, beneficial holders of trust shall be disclosed).

g.

Preliminary engineering plans.

h.

Plat of survey of parcels and proposed plat of resubdivision.

i.

Payment of appropriate fees.

(4)

Upon determination by the zoning enforcement administrator that the legal notice is in order and that all other documentation required has been submitted, a hearing shall be scheduled before the planning and zoning commission on the first available date on a first-filed, first scheduled, space available basis.

(5)

In addition to other forms of notice as may be required by this chapter, the applicant will be required to post on the property a sign, to be furnished by the village and which remains the property of the village, which states in general terms that action has been requested potentially affecting some aspect of change or modification of the zoning ordinance, a public hearing is to be held, and documentation regarding the request is on file and available for public review at the office of the zoning enforcement administrator. The sign and its location are intended to be visible to the general public and serve as an additional notice of request being made relating to the zoning ordinance. The sign shall be of such size and shall be placed at such location as is directed by the zoning enforcement administrator. The sign shall be installed by the applicant no more than 30 days nor less than 15 days prior to the date of the scheduled hearing.

(6)

At the public hearing, the planning and zoning commission shall receive the staff review and recommendations regarding the proposal, sworn testimony and evidence pertaining to the request for preliminary approval of the planned development, and any objections thereto. All evidence shall be made a permanent part of the planning and zoning commission's hearing file on the matter. In developing its recommendation, the planning and zoning commission shall utilize the following criteria:

a.

Is the proposal compatible with the goals and objective of the Brookfield 2000 Comprehensive Plan, as amended?

b.

Does the proposal promote high standards in design, site planning and construction?

c.

Does the proposal provide a safe and desirable environment?

d.

Does the proposal provide for adequate open space for recreation and other community and/or development needs?

e.

Does the proposal present a creative and workable approach in land development?

f.

Is the design compatible with adjacent properties and the adjacent neighborhood?

g.

Does the development provide for land use, both initial and potential, which will be compatible with existing surrounding land uses?

h.

By virtue of its benefits to the village and its unique and creative design, does the proposal justify the intended variations from the strict interpretation of the zoning ordinance and justify the special uses requested?

i.

That proper safeguarding conditions offered by the applicant or determined by the planning and zoning commission will allow the proposal to meet the intents, purposes and standards established for the zoning district and or zoning districts in which it is intended to be located?

j.

Does the proposal protect the public health, safety, convenience and general welfare?

(7)

Upon the receipt of the recommendation of the planning and zoning commission, the preliminary planned development application proposal shall be placed on the next available village board committee meeting agenda, provided that there be at least ten working days between such receipt of recommendations and the date of such village board committee meeting to allow the village board members adequate time for consideration of the proposal and the recommendations. The village board shall approve, approve with modifications, refer the proposal back to the planning and zoning commission or disapprove the proposal within 60 days of the conclusion of the planning and zoning commission's public hearing. The board of trustees may continue consideration upon the request of the applicant. In the event the board of trustees disapproves the preliminary planned development application, the applicant may request that the village board refer the matter back to the planning and zoning commission for reconsideration with modification. Failure of the board of trustees to act within this period of time shall be deemed a denial of the application for the planned development.

(8)

An approved application for a preliminary planned development is valid for a period of 12 months after final action by the village board.

(9)

Following approval of the preliminary planned development application by the village board, the applicant must submit required materials for final planned development approval should he wish to proceed. Final planned development approval may be requested for the entire planned development or segments thereof. However, if final approval is sought for a portion of the planned development, the segment must conform to previously approved preliminary planned development application. If a segmented development is proposed, a specific schedule of the various components must be submitted for approval as part of the final approval. The developer must adhere to the development schedule timetable or request an extension by the village board who may or may not grant such request, or may request certain surety to guarantee that the final development is completed in conformity with the overall development plan. Improvements on or off site necessary to support the segment shall be subject to the approval of the village board before final permits will be issued.

(10)

Final planned development applications are reviewed by village staff, the planning and zoning commission and the village board, consecutively.

(11)

The final planned development must be in general conformance with the previously approved preliminary planned development application and plans. If the final planned development plans are substantially different, then the proposal must be viewed as a new application for preliminary application and procedures required for such preliminary application, including the hearing process and payment of new filing fees must be begun anew. If the site has been altered by a minor increase or decrease in size or if additional variances are sought requiring additional public hearings before final approval can be considered, then the planning and zoning commission shall hold an additional public hearing in the manner, form and for the purposes as required under the procedures governing preliminary planned development approval. Upon review and recommendation for approval by the planning and zoning commission and acceptance of the recommendation by the village board, the village board, by ordinance, shall issue a special use permit authorizing the planned development plan.

(12)

The application requesting final planned development approval along with the following materials shall be presented to the zoning enforcement administrator a minimum of four weeks prior to the intended scheduled appearance before the planning and zoning commission. The zoning enforcement administrator may require an earlier submission if the proposed planned development is expected to require additional staff review. The meeting shall not be established until all required submittals are received by the zoning enforcement administrator and then only on a first-received, first-scheduled, space-available basis. All materials shall be supplied at the time of submission in a quantity to be approved by the village manager. The material submitted shall contain:

a.

Completed planned development application form.

b.

Site plan indicating:

1.

Project title.

2.

Notation that the plan is the final planned development site plan.

3.

Name, address and telephone number of applicant and preparer of the site plan.

4.

Date.

5.

Scale (one inch equals 100 feet or larger scale).

6.

North point.

7.

Zoning of all adjacent parcels.

8.

Character of immediately contiguous property within 100 feet showing location of streets, easements, utilities, property lines and principal structures.

9.

Location of proposed streets showing dimensions of right-of-way and pavement.

10.

Location and approximate areas of parcels to be dedicated to public bodies and/or reserved for common control by the owner or the property owners' association.

11.

Floodplain limits as delineated on HUD flood hazard maps or USGS quadrangle maps.

12.

Sidewalk and walkway locations, actual and proposed.

13.

Specific details by parcel for separate zoning districts or areas of differing use intensity to include:

(i)

Gross area.

(ii)

Net area (gross area less public right-of-way areas).

(iii)

Building coverage, floor area, height.

(iv)

Parking spaces, total design, including count.

(v)

Hard-surfaced coverage, including buildings and all structures.

(vi)

Number of dwelling units by bedroom mix and net density, if any.

14.

Building locations.

15.

Floor plans (if not available, parking requirements shall be based on the square footage of the buildings, number of dwelling units and similar available information).

c.

Landscape plan detailing:

1.

Proposed types (common names), sizes, trunk diameter, and whether sodded or seeded;

2.

Existing trees with trunk diameter of four inches or greater, and whether to be saved or not;

3.

Berming and/or screening where proposed; and

4.

Location and design for exterior trash and recycling containment and collection.

d.

Building elevations, all sides.

e.

Development schedule by phase, including projected start and completion dates, and proposed date of dedication of any public areas.

f.

Three copies of:

1.

Covenants and restrictions for ownership, use and maintenance of common areas;

2.

Final engineering plans; and

3.

Plat of survey intended for recording.

(13)

The planning and zoning commission shall review and evaluate the application for the final planned development in terms of whether the proposal:

a.

Is in general conformity with the previously approved preliminary planned development proposal;

b.

By virtue of its imaginative and creative design and benefits to the village, justifies the intended variations from the strict application of the subdivision standards and zoning ordinance; and

c.

Requires additional conditions or restrictions to protect the public interest and adjacent areas, improve the development and ensure compliance with existing village ordinances.

(14)

The planning and zoning commission shall review the final application and plan for the planned development and forward its recommendation to the village board within 30 days after the concluding meeting held with the applicant, and the receipt of all required information. Failure to act within the prescribed period of time, and unless the time limit shall be extended by mutual agreement of the planning and zoning commission and the applicant, shall be deemed a denial of the application for the planned development.

(15)

The village board shall take under advisement the recommendations of the planning and zoning commission when considering their final approval of the planned development application. The village board shall approve, approve with modification, both in ordinance form, or disapprove the final application for the planned development within 60 days of the receipt of the recommendation of the planning and zoning commission, unless an extension is requested by the applicant. Should the final planned development be disapproved by the village board, the petitioner may submit revised plans to the village board for reconsideration, if permission to submit is requested by the applicant and granted by the village board. Failure of the village board to act within the period of time so stated shall be deemed a denial of the application for the planned development, unless the petitioner requests and the village board grants an extension of the period.

(16)

It shall be the responsibility of the code enforcement director to review all plans submitted for building permits and it shall be the responsibility of the zoning enforcement administrator to review all plans intended for development permits and to certify conformity with the approved final planned development plans and specifications.

(17)

The village manager may, from time to time, approve minor changes within the project, but such changes shall not be of a nature that would affect the character and standard of the planned development.

(18)

Unless the applicant or a successor to the applicant has substantially completed construction of the public improvements and has commenced construction of the uses approved in the planned development, the special use permit issued for the planned development shall automatically, and with no further action by the village board, expire 24 months after the final action of approval by the village board. Upon written petition by the holder of the planned development special use permit, and upon the finding of good cause by the village board prior to the expiration of the planned development special use permit, the village board may extend the permit for an additional period of 12 months. There shall be no obligation upon the village board to extend such period.

(Code 1964, § 30-12.01(C); Ord. No. 96-14, 3-25-1996; Ord. No. 97-34, 7-14-1997; Ord. No. 2013-69, § 41, 12-16-2013)

The amendment process herein established is intended to provide a means for making changes or additional to the text of the zoning ordinance or to the zoning map that have significant and general application.

(Code 1964, § 30-12.01(A); Ord. No. 96-14, 3-5-1996)

(a)

Amendments for changes additional to the text of the zoning ordinance or to the zoning map may be made by application by any person owning or having interest in real property located in the village or by recommendation of the planning and zoning commission or by direct action by the village board.

(b)

An application for amendment shall be filed by the person seeking the amendment or his duly authorized representative with the zoning enforcement administrator.

(c)

The application for amendment, along with the proposed hearing notice and proper filing fee shall be presented to the zoning enforcement administrator not less than ten working days prior to the date of intended publication of the legal notice to allow for review of the form and accuracy of the legal notice and completeness of documentation. An application so properly filed will be scheduled for a hearing before the planning and zoning commission on the first available date, in a first filed, first-scheduled, space available basis. All individual applications shall disclose full ownership of the property, including disclosure of those persons having any beneficial interest if the property is held in trust.

(d)

The planning and zoning commission shall fix a reasonable time for a public hearing on the amendment petition and will require proof of due notice having been made regarding the hearing. The form of notice shall conform to the notice provisions contained in division 3 of article VI of this chapter.

(e)

At the public hearing, the planning and zoning commission shall receive sworn testimony and evidence pertaining to the request for amendment and any objection thereto.

(f)

Within 30 days after the conclusion of the public hearing, the planning and zoning commission shall render its recommendation for consideration by the village board.

(g)

Within 60 days after the receipt of the recommendation of the planning and zoning commission, or its failure to act upon the amendment petition, the village board shall either adopt the amendment, adopt the amendment with modification, or deny the proposed request for amendment. In the case of a written protest against any proposed amendment of the regulations of districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the village, the amendment shall not be passed except by a favorable vote of two-thirds of the trustees of the village then holding office. In such cases, a copy of the written protest shall be served by the protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. Failure of the village board to act within 60 days, or such further time to which the applicant and the village board may agree, if the application has been instituted by a person other than a village board or commission, shall be deemed to be a decision denying the application.

(Code 1964, § 30-12.01(B); Ord. No. 96-14, 3-5-1996; Ord. No. 2013-69, § 42, 12-16-2013)