The regulation of the planned development districts contained in this article are intended to allow greater design flexibility than is permitted by other district regulations for tracts of land where the planned development of such tract would better utilize the topographic and natural character of the site and would produce a more economical and stable development. It is intended that these regulations will facilitate developments which are consistent with the spirit and intent of the chapter and in conformity with the general character of the village, and which improve the health, safety, general welfare, and stability of the village or immediate neighborhood.

(Prior Code, § 22-6-6.01; Ord. of 9-20-1954, § 22-6-6.01)

Uses specified as either permitted uses or conditional permitted uses or any combination thereof allowed in any of the zoning districts shall be permitted; provided that, before any such use or uses can be utilized, such use or uses must be set forth expressly in the development plan and must be recorded in the office of the county register of deeds. Uses not expressly so allowed are hereby prohibited.

(Prior Code, § 22-6-6.02; Ord. of 9-20-1954, § 22-6-6.02; Ord. No. 06-09, § I, 6-19-2006)

Uses specified as either permitted uses or conditional permitted uses or any combination thereof allowed in any of the residential zoning districts shall be permitted; provided that, before any such use or uses can be utilized, such use or uses must be set forth expressly in the development plan and must be recorded in the office of the county register of deeds. Uses not expressly so allowed are hereby prohibited.

(Prior Code, § 22-6-6.03; Ord. of 9-20-1954, § 22-6-6.03)

Uses specified as either permitted uses or conditional permitted uses or any combination thereof allowed in any of the business zoning districts, or uses specified as conditional permitted uses in the manufacturing zoning district, shall be permitted provided that before any such use or uses can be utilized, such use or uses must be set forth expressly in the development plan and must be recorded in the office of the county register of deeds. Uses not expressly so allowed are hereby prohibited.

(Prior Code, § 22-6-6.04; Ord. of 9-20-1954, § 22-6-6.04)

(a)

Permitted uses.

(1)

Uses specified as either permitted uses or conditional permitted uses or any combination thereof allowed in any of the residential or business zoning districts shall be permitted; provided that, before any such use or uses can be utilized, such use or uses must be set forth expressly in the development plan and must be recorded in the office of the county register of deeds. Uses not expressly so allowed are hereby prohibited.

(2)

All uses existing at the time of rezoning to this district are declared valid permitted uses except the following:

a.

Commercial auto repair garage;

b.

Auto service stations; and

c.

Automobile laundries.

(3)

Expansion of all buildings or change of use of existing properties, however, shall require that a development plan, as required herein, be approved by the village board and recorded in the office of the county register of deeds.

(4)

In addition, the following permitted uses shall be allowed in the OVPD district, subject to the approval process identified in this section:

a.

Proprietary owned and operated businesses with specialty retail, resale, or rental products. This may include arts, crafts, hobbies, antiques, clothing, flower shop, gift shop, book store, secondhand book store or newspaper stand, jewelry, leather goods, sporting goods, musical instruments, camera, photography, art gallery, china, coins, picture framing, tobacco, or other uses specializing in the retail, resale, or rental of products similar in nature.

b.

Other uses, that may be food service oriented in nature, that add variety to existing eatery uses in the OVPD district. This includes bagel establishment, candy, ice cream, bakery, coffee shop, meat market, cheese, sausage, or specialty type restaurants offering a variety of American or ethnic food choices. Criteria to be considered include variety, choice, convenience, cost, low intensity, nonpeak traffic generator.

c.

Professional office uses such as accountant, banks, engineer, surveyor, attorney, insurance, travel agency, medical, dental, hygiene laboratory, barbershop, beauty salon, nail salon, or other similar type uses.

d.

In addition to the permitted uses listed in subsections (a)(4)a.—(a)(4)c. of this section, group homes, community-based residential facilities (CBRF), day care centers for all ages, or any other use which may be characterized as transitional, in conjunction with residential owned/rental units, are conditional permitted uses in the OVPD district. Where new construction is proposed for properties that border residential parcels, facilities shall be of compatible external design with the surrounding structures and topography so as to provide a harmonious transition that is sensitive to residential neighbors and acts to minimize the impact of adjacent development.

(b)

Public policy. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people. The purpose of the OVPD district is to:

(1)

Effect and accomplish the protection, enhancement and perpetuation of such improvements and of districts which represent or reflect elements of the village's cultural, social, economic, political and architectural history;

(2)

Safeguard the village's historical and cultural heritage, as embodied and reflected in such landmarks and historical districts;

(3)

Stabilize and improve property values;

(4)

Foster civic pride in the beauty and noble accomplishments of the past;

(5)

Protect and enhance the village's attraction to residents, tourists and visitors and serve as a support and stimulus to business and industry;

(6)

Strengthen the economy of the village; and

(7)

Promote the use of historic districts and landmarks for the education, pleasure and welfare of the people of the village.

(c)

Permit required. No alteration, reconstruction, demolition or new construction shall begin unless a building permit has been issued by the building inspector after the plans for such work have been approved by the building board. In considering the application, the building board shall determine:

(1)

Whether, in the case of the structure, the proposed work would change, destroy, or affect any exterior architectural feature of the improvement upon which said work is to be done; and

(2)

Whether, in the case of construction of a new improvement, the exterior of such improvement would affect or not harmonize with the external appearance of other neighboring improvements on the site or in the historical district.

(d)

Action of the building board.

(1)

If the building board determines both subsections (c)(1) and (c)(2) of this section in the negative, it shall approve the permit, otherwise it shall deny the request for approval. The building board shall make this decision within 30 days after the filing of the application. Nothing contained herein shall be deemed to prevent the appeal of such denial to the village board of appeals.

(2)

The building board shall use the following architectural criteria as a guide when reviewing plans for building alterations, reconstruction, demolition and new construction in the OVPD district:

a.

Roof pitch. A standard one-to-one, with some flexibility, depending upon building width, which could create a very high and steep roof pitch.

b.

Siding. Horizontal, natural solid wood, clapboard or brick, similar in color and size to what exists. Preference not to see vinyl, aluminum or steel siding.

c.

Windows on new construction. Two vertical to one horizontal. Uniform size throughout, with exception for retail establishment display windows.

d.

Overall building height. Overall building height should be limited to two stories plus attic.

e.

Driveways and parking lots. Driveways and parking lots should be asphalt on commercial developments.

f.

Mechanical equipment and trash receptacles. Mechanical equipment and trash receptacles shall be screened consistent with existing building material noted in this subsection.

g.

Construction. Construction should blend with the existing motif of the OVPD district; no contemporary buildings will be approved.

(Prior Code, § 22-6-6.05; Ord. of 9-20-1954, § 22-6-6.05; Ord. No. 04-04, § VI, 4-19-2004)

(a)

Lot area, lot width, height, floor area ratio, setback and usable open space requirements. In the planned development districts, unless otherwise specifically provided there shall be no predetermined specific lot area, lot width, height, floor area ratio, setback and usable open space requirements, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plat itself, construed to be and enforced as a part of this article.

(b)

Off-street parking.

(1)

In the planned development districts, off-street parking facilities shall be provided in accordance with applicable regulations herein set forth in article VIII of this chapter, and such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this article.

(2)

The plan commission may grant exceptions from the parking requirements of article VIII of this chapter for specific purposes, that will not adversely impact traffic circulation or public safety. In granting such an exception the plan commission shall specify the requirement or requirements that will be expected from application and shall find that the exception is not inconsistent with the public health, safety, and welfare of the immediate neighborhood and the village.

(c)

Acceptability and criteria. As a basis for determining the acceptability of a planned development district application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.

(1)

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

a.

Are compatible with the physical nature of the site with particular concern for preservation of natural features, tree growth, open space and historical structures;

b.

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

c.

Would not adversely affect the anticipated provision for school or other municipal services;

d.

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

(2)

Economic feasibility and impact. The proponents of a planned development district application shall provide evidence satisfactory to the village board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the village or the values of surrounding properties.

(3)

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

(4)

Preservation and maintenance of open space. In a planned development district, if required by the village board, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

a.

In the case of private reservation, the open space area to be reserved shall be protected against building development by conveying to the village, as part of the conditions for project approval, an open space easement over such open areas restricting the area against any future building or use.

b.

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

c.

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

(5)

Implementation schedule. The proponents of a project in a planned development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the village board including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

(6)

Existing uses. All uses existing at the time of rezoning to the specific planned development district are valid permitted uses, except as otherwise provided in this article. Expansion of all buildings or change of use of existing properties within a specific planned development district shall require that a development plan as required herein be approved by the village board and be recorded in the county office of the register of deeds.

(d)

Signs. The village board, in its discretion, may authorize an exception to any sign requirement of article IX of this chapter in a planned development district, provided that the exception is not inconsistent with the public health, safety and welfare of the village. Any exception shall be set forth or provided for in a site specific development agreement that runs with the land.

(Prior Code, § 22-6-6.06; Ord. of 9-20-1954, § 22-6-6.06; Ord. No. 06-09, § II, 6-19-2006; Ord. No. 10-04, § I(T), 4-19-2010)

The procedure for rezoning to a planned development district shall be as required for any other zoning district change, except that in addition thereto, the rezoning shall be subject to the following additional requirements. The applicant shall file with the village a general development plan that shall include the following information:

(1)

A statement describing the general character of the intended development;

(2)

An accurate map of the project area included with its relationship to surrounding properties and existing topography and key features;

(3)

A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in section 121-251:

a.

The pattern of proposed land use including shape, size and arrangement of proposed use areas, density and environmental character;

b.

The pattern of public and private streets, drives and parking facilities;

c.

The location, size and character of recreational and open space, including areas reserved or dedicated for public uses such as school, park, greenway, etc.; and open space to be owned and maintained by a property owner's association;

d.

The pattern of public easements and surrounding land uses and street locations;

e.

The size, arrangement and location of lots or of proposed building groups;

f.

Location, type and size of proposed landscaping;

g.

The use, type, size and location of structures;

h.

The location of sewer and water facilities;

i.

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

j.

Existing topography, mean and historic water lines and storm drainage pattern and proposed storm drainage system showing basic topography changes;

k.

Statistical data on number of employees, total size of project area, area of usable open space, density computation and proposed number of residential units by type, and other similar data pertinent to a comprehensive evaluation of the proposed development;

l.

A copy of the intended organizational structure related to property owners' association, deed restrictions, and provisions of services. Aspects of the maintenance of common open space areas and of the provisions relating to the future use of private property (additions, expansion, changes in use, etc.) shall be fully set forth in such documents.

(Prior Code, § 22-6-6.07; Ord. of 9-20-1954, § 22-6-6.07)

(a)

Discussion conference. Prior to the official submittal of a petition for consideration of a project in a planned development district, the petitioner shall meet with village staff for a preliminary discussion as to the scope and nature of the proposed development.

(b)

Petition. Following the preliminary consultation with village staff, petition may be made to the plan commission and in turn to the village board by the owners, or their agents, for approval of a specific project plan under the provisions of these regulations as for the application to the project area of the appropriate planned development district.

(c)

Contract with village.

(1)

The developer shall enter into a contract with the village to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan. Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if in the commission's opinion such change or addition is not substantial, it may recommend approval to the board without hearing.

(2)

If such change or addition is construed to be substantial, a public hearing shall be held prior to such recommendation. Failure to comply with conditions and regulations as herein established and as specifically made applicable to a specific project development, shall be cause for termination of the approval for said project.

(3)

At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charges of noncompliance. If the plan commission finds the charges substantial, they may recommend termination of the project approval if the situation is not satisfactorily adjusted within the specified period.

(Prior Code, § 22-6-6.08; Ord. of 9-20-1954, § 22-6-6.08)