The S-1 Floodplain and Drainageway District is designed to meet the needs of stormwater channels to carry abnormal flows of water in time of flood; to prevent encroachments into the district which will unduly increase flood heights and damage; and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard. Within the S-1 Floodplain and Drainageway District, the following regulations shall apply:

   (A)   Uses Permitted:

      Agriculture, including customary agricultural buildings and structures but not including permanent dwellings; nurseries and greenhouses, provided that any greenhouse heating plant, or any building or enclosure in which animals are kept shall comply with the distance requirement in subsection (C) of this section.

      Commercial poultry farms and feeding facilities, kennels, riding stables and dairies, provided that any building or enclosure in which animals or fowl are kept shall comply with the distance requirement in subsection (C) of this section.

      The following uses may be permitted when authorized by the Governing Body upon application in accordance with and offer compliance with the procedures set forth in subsection 10-11-1(B) of this title:

         Baseball, football stadium, or sports arena, provided that the location of any structure used for such purposes shall comply with two (2) times the distance requirements in subsection (C) of this section.

         Commercial mines, quarries and gravel pits, temporary sawmills; provided that any lot or tract of land for such use, other than for a temporary sawmill, shall be not less than ten (10) acres in area, and provided that the location of any such mine quarries and gravel pits be subject to the provisions of the A-1 Agricultural District and any power driven or power producing machinery or equipment in connection with a temporary sawmill shall comply with four (4) times the distance requirement in subsection (C) of this section.

         Disposal of refuse or garbage by the City, County or agents thereof providing the disposal operation meets the regulations and standards for sanitary landfills set by the Illinois Department of Public Health.

         Drive-in theaters and other similar commercial recreation establishments, provided that those are located on premises abutting on a highway or primary thoroughfare, and so as to comply with two (2) times the distance requirement in subsection (C) of this section.

         Equipment and materials storage yards, and junkyards, provided these are enclosed on all sides by a solid fence or wall not less than eight feet (8') high; petroleum or inflammable liquids storage. Provided, further that any of the foregoing uses shall be authorized only on premises adjoining and within one thousand feet (1,000') of a railroad or a highway or primary thoroughfare, and is located as to comply with three (3) times the distance requirement in subsection (C) of this section, and which premises, in addition, are deemed suitable by the Governing Body for the intended use, for reasons, among others, of topography, screening by trees, or other features, and in consideration of the present and potential use of adjacent properties.

         Outdoor rifle or skeet shooting ranges; on premises so located as to comply with three (3) times the distance requirement in subsection (C) of this section, and which premises, in addition, are deemed suitable by the Governing Body for such use, for reasons, among others, of topography, screening by trees, or other features, and also in consideration of the present and potential use of adjacent properties.

         Public parks, playgrounds and community centers; private recreation areas and facilities, including country clubs, golf courses, fishing lakes and boat docks.

         Any other use which, in the judgment of the Governing Body will not, when located, constructed and operated as proposed, be inconsistent with the purposes intended to be served by the provisions prescribed in this section for the S-1 District, among others, of protecting human life, prevent material losses and reducing the cost to the public of relief or rescue efforts occasioned by the unwise occupancy of areas subject to floods; and which use, at the same time, will not impair the present or potential use of adjacent properties.

   (B)   Accessory Uses:

      1.   Accessory uses and structures customarily incidental to a permitted principal use in the S-1 District.

      2.   Any other accessory use that is determined by the Board of Appeals to be necessary and incidental to any aforesaid permitted principal use and located on the same lot therewith, but not including any permanent residence except for a watchman or caretaker employed on the premises.

   (C)   Required Conditions: All uses, buildings or premises for which compliance with the district requirement in this subsection is stipulated in the foregoing subsections of this chapter, shall be distant at least two hundred feet (200') from any lot in any R district, or any lot occupied by a dwelling or by any school, church or institution for human care.

   (D)   Height Regulations: No nonagricultural principal structure shall exceed two and one-half (21/2) stories or thirty five feet (35') in height, and no accessory structure shall exceed one story or fifteen feet (15') in height, except as provided in section 10-11-2 of this title.

   (E)   Lot Area, Frontage And Yard Requirements: The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in section 10-11-2 of this title inclusive:

 

 

(Ord. 69-23, 4-6-1970)

The S-2 Slope District is designed to allow proper use of land having a cross slope which exceeds twelve percent (12%) and to prevent encroachment into the district which will unduly increase stormwater runoff and damage. Within the S-2 Slope District, the following regulations shall apply:

   (A)   Any slope area, the average cross slope of which exceeds eighteen percent (18%) shall be subject to a special use exception which shall be in conformity with the applicable comprehensive community plan.

   (B)   Any slope area, the average cross slope of which is less than twelve percent (12%), shall be considered suitable for any uses permitted in an S-1 Floodplain and Drainageway District, and shall be subject to a special use exception, subsection 10-11-1(B) of this title.

   (C)   Any slope area, the average cross slope of which exceeds twelve percent (12%) shall be considered to be extremely rugged and the development of this terrain shall be limited to compatible uses as follows, and are subject to a special use exception as provided in subsection 10-11-1(B) of this title:

      Agricultural uses as limited and defined in subsection 10-9-1(A) of this chapter.

      Building lots for one-family detached dwelling of a minimum of three (3) acres.

      Parks, playgrounds and general community open space.

      Pedestrian easements.

      Utility easements. (Ord. 69-23, 4-6-1970)

In the S-3 Airport District no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, moved or altered except for one or more of the following uses:

   (A)   Required Conditions: Aviation fields, airports, landing strips or landing areas, provided that the following conditions have been met:

      1.   Permission of the respective owners, in the form of easements or other suitable assignment to the owner of the airport or landing strip, of air rights over all land in separate ownership and within the approach zones of all runways or landing strips shall be required. Copies of such easements or assignments of rights and an aeronautical evaluation of the proposed facility by the Federal Aviation Agency, as required by law, shall be submitted to the Planning Commission before a permit for establishing or enlarging a runway, landing strip or landing area is authorized. Heliports may be permitted after an aeronautical evaluation of the proposed facility by the Federal Aviation Agency, as required by law, has been reviewed by the Planning Commission.

   (B)   Permits: The Governing Body or duly authorized representative shall have the power to enforce the provisions of this order. No open, vacant, or unimproved land shall be used for any purpose other than agricultural without first obtaining a land use permit from the Governing Body to be issued in accordance with the terms of this title. Land use permits shall be required, but not be limited to, the following uses:

      1.   Airports, landing strips, heliports or other landing areas.

      2.   It shall be unlawful to erect, construct, reconstruct or establish such a structure or to plant or replant any tree or other object of natural growth on a landing area or within fifteen thousand feet (15,000') of the nearest boundary of a landing area which will have or attain a height greater than five feet (5') above ground level for each five hundred feet (500') or fraction thereof, of the distance that such structure or growth is or will be situated from the nearest boundary of a landing area, without first obtaining a permit from the building inspector, the application for which permit shall include a written statement of approval from the Federal Aviation Agency obtained by the application after due notice to that agency. (Ord. 69-23, 4-6-1970)

The S-4 Historic Buildings Districts are designed to preserve and protect buildings, places and areas of historic and architectural interest within the City and to prevent incompatible encroachments into the district.

   (A)   Permitted Uses: Any uses permitted in the R-2 One-Family Dwelling District.

   (B)   Height, Lot Size, Yard Areas And Percentage Of Lot Coverage: The same regulations shall apply as required or permitted for the R-2 One-Family Dwelling District.

   (C)   Parking Facilities: Parking facilities shall be provided as required or permitted in section 10-11-3 of this title.

   (D)   Special Considerations:

      1.   Within this district, no building or structure shall hereafter be erected, reconstructed, altered or restored unless and until the application for the building permit shall have been approved as to exterior architectural features which are subject to public view from a public street, way or place by the Governing Body or duly authorized representative.

      2.   No building within the historic district shall be razed, without obtaining a permit approved by the City Council, and the Council is empowered to refuse a permit for any structure of such architectural or historic interest, the removal of which in the opinion of the Planning Commission would be detrimental to the public interest of the City. (Ord. 69-23, 4-6-1970)

   (A)   Intent: The P-1 Planned Unit Development Overlay District (PUD) is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The P-1 Overlay District under this section will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements of lands in the vicinity of the P-1 project. The unified and planned development of a site in a single or corporate ownership or control or in common ownership may be permitted by the City upon specific petition under this section and after public meeting, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section have been met.

   (B)   Permitted Uses:

      1.   Uses permitted in a P-1 Planned Unit Development Overlay District shall conform to uses generally permitted in the underlying districts provided for in this section and in place on the zoning map underlying the proposed P-1 District. P-1 Districts may mix the uses permitted in other districts, subject to the criteria set forth in subsection (D) of this section.

   (C)   Minimum Area Requirements:

      1.   Areas designated as Planned Unit Development Overlay Districts shall be under single or corporate ownership or control, and shall contain a minimum development area of:

 

 

   (D)   Procedural Requirements

      1.   Prepetition Conference: Prior to the official submission of the petition for the approval of a P-1 District or development of said district, the owner or his agent making such petition shall meet with the Code Enforcement Officer or the Plan Commission to discuss the scope and proposed nature of the contemplated development.

      2.   Petition: Following the prepetition conference, the owner or his agent may file a petition with the City Clerk for approval of a P-1 District. Such petition shall be accompanied with the following information:

         (a)   A statement which sets forth the relationship of the proposed P-1 District to the City's adopted master plan in the Illinois Route 336 corridor plan or in the comprehensive plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed P-1 District, including the following information:

            (1)   Total area to be included in the P-1 District, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for Municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

            (2)   A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

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

            (4)   Any proposed departures from the standards of development as set forth in the City zoning regulations, other City regulations or administrative rules, or other universal guidelines.

            (5)   The expected date of commencement of physical development as set forth in the proposal.

         (b)   A general development plan including:

            (1)   A legal description of the boundaries of the subject property included in the proposed P-1 District and its relationship to surrounding properties.

            (2)   The location of existing and proposed public and existing private roads, existing and proposed driveways, and existing and proposed parking facilities.

            (3)   The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.

            (4)   The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.

            (5)   The type, size, and location of all structures.

            (6)   General landscape treatment.

            (7)   Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of proposed structures.

            (8)   The existing and proposed location of public sanitary sewer and water supply facilities.

            (9)   The existing and proposed location of all private utilities or other easements.

            (10)   Characteristics of soils related to contemplated specific uses.

            (11)   Existing topography on the site with contours at not greater than two foot (2') intervals.

            (12)   A stormwater management plan for development of the site.

            (13)   A construction erosion control plan for the project.

            (14)   Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.

      3.   Referral To Plan Commission: The petition for a P-1 District shall be referred to the Plan Commission for its review and recommendation, including any additional conditions or restrictions which it may deem necessary or appropriate. (Ord. 2008-2, 5-27-2008)

      4.   Submittal Requirements: All petitions and general development plans shall be submitted to the Code Enforcement Officer who shall transmit all applications and their accompanying plans to the Plan Commission for their review. The purpose of these plans is to show all information needed to enable the Code Enforcement Officer, Plan Commission, and the City Council to determine if the proposed development meets the requirements of this section. The submittal procedure is as follows: (Ord. 2008-2, 5-27-2008; amd. 2018 Code)

         (a)   Nine (9) copies of the petition and general development plan with all applicable information shown on the plan shall be submitted one week prior to the Plan Commission meeting.

         (b)   If revisions are required, three (3) copies of the plan shall be submitted to the Plan Commission for final review.

         (c)   Upon approval of the general development plan, one approved plan will be kept on file in City Hall, one plan will be on file by the Code Enforcement Officer for field review and the final copy of the approval plan will be returned to the developer/owner for use in the final design process. (Ord. 2008-2, 5-27-2008)

      5.   Meeting/Public Hearing: Review of petitions can be done at a regular meeting but rezoning to a P-1 District would require an advertised public hearing. The Plan Commission and the City Council shall hold meetings or advertised public hearings at their regular meetings pursuant to the requirements for notice provided in subsection 10-3-7(K)3(g) of this title. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested P-1 District rezoning. As soon as is practical following the meeting or hearing, the Plan Commission shall report its findings and recommendations to the City Council for approval. (Ord. 2011-13, 1-10-2012)

   (E)   Basis For Approval Of The Petition:

      1.   The Plan Commission in making its recommendation and the City Council in making its determination, shall consider:

         (a)   That the proposed P-1 District is consistent in all respects to the purpose of this section and to the spirit and intent of this section; is in conformity with the adopted master plan or any adopted component thereof; and, that the development would not be contrary to the general welfare and economic prosperity of the community.

      2.   The Plan Commission shall specify lot area, width, yard, and height requirements in the granting of a permit. Requirements may be greater or less than those required in other districts. However, the Plan Commission shall not grant approval for any building or structure exceeding thirty five feet (35') in height, unless a conditional use for greater height has been granted in an underlying zoning district.

      3.   The Plan Commission in making its recommendations and the City Council in making its determination shall further find that:

         (a)   The proposed site shall be provided with adequate drainage facilities for surface and storm waters.

         (b)   The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

         (c)   No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.

         (d)   The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the City.

         (e)   Public water and sewer facilities shall be provided.

         (f)   Natural areas such as significant woodlands, meadows, wetlands, wildlife habitat areas, lakes, streams, and floodplains shall be protected as "environmental corridors". Environmental corridors shall not be used in the calculation of residential densities within a planned unit development.

         (g)   The entire tract or parcel of land to be included in a P-1 District shall be held under single ownership, or if there is more than one owner, the petition for such P-1 District shall be considered as one tract, lot or parcel, and the legal description must define said P-1 District as a single parcel, lot or tract and be so recorded with the Recorder of Deeds for Hancock County.

      4.   That in the case of a proposed residential planned unit development project:

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

         (b)   The total net density within the residential planned unit development district will be compatible with the density of development either existing or permitted in areas adjacent to the proposed P-1 project.

         (c)   Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

         (d)   Adequate, continuing fire and police protection is available.

         (e)   The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other Municipal service facilities.

         (f)   Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

      5.   That in the case of a proposed commercial planned unit development project:

         (a)   The proposed development will be adequately served by off street parking and truck service facilities.

         (b)   The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.

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

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

      6.   That in the case of a proposed industrial planned unit development project:

         (a)   The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.

         (b)   The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

         (c)   The proposed development will include adequate provisions for off street parking and truck service areas and will be adequately served by rail and/or arterials highway facilities.

         (d)   The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

      7.   That in the case of a mixed use planned unit development project:

         (a)   The proposed mixture of uses produces a unified composite which is compatible with development in the surrounding neighborhood.

         (b)   The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.

         (c)   The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

   (F)   Determination: The City Council, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions.

      The approval of a P-1 District shall be based upon and include as conditions thereto the building, site and operational plans for the development all as contained in the development concept plan as approved by the City Council. The City Council may set a time schedule for the substantial completion of a planned unit development project.

   (G)   Changes And Additions: Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Plan Commission and if in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration of the original plan, a public meeting before the Plan Commission shall be required and notice thereof be given pursuant to the provisions of title 2, chapter 4 of this Code. Following the public meeting, the Plan Commission shall recommend approval, denial, or modified approval to the City Council.

   (H)   Subsequent Land Division: The division of any land or lands within a P-1 District for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the City and when such division is contemplated, a preliminary plat of lands to be divided shall accompany the petition for P-1 approval.

   (I)   Development Of Existing Planned Unit Development Districts: It shall be the policy of the City of Carthage to create P-1 Districts only in those areas where a detailed unified development plan has been presented and approved.

In the case of an approved P-1 District development concept plan not being substantially completed within the time set for such substantial completion by the City Council in its approval of same, or where approved plans have not been implemented within twelve (12) months, the subsequent development of the P-1 District shall require the issuance of a conditional use permit. Such conditional use permit shall be issued only after a new petition has been filed and approved by the Plan Commission and City Council after a new public meeting in the manner required in this section. The City Council may set a revised time schedule for the completion of a planned unit development project. Existing undeveloped planned unit development districts shall be reviewed annually in April by the Plan Commission and a report regarding the recommended disposition of that district shall be made to the City Council with notice given to the owner or owners of the project. The City Council may cancel its previous approval and remove the P-1 overlay zoning for a failure to timely complete the proposed project. (Ord. 2008-2, 5-27-2008)