Fox Point Village City Zoning Code
§ 745-22
Cultural Overlay District.
A.
Uses.
(1)
The basic zoning in a Cultural Overlay District continues in effect and any and all uses as authorized by such basic district continue to be authorized subject to the provisions of this chapter in respect to such basic district.
B.
Procedure. The procedure hereinafter set forth shall be followed before any use permitted by Subsection A(2) above is authorized. The applicant shall pay a fee described in Chapter 63 of this Code at the time of filing the application. There shall be filed with the Village Board:
(1)
A statement describing the general character of the intended use under this section, including the days of the week and the hours of day that people will be permitted in the premises.
(2)
An accurate map of the project area, including its relationship to surrounding properties.
(3)
Statistical data on total size of project area, area of open space, and impact upon municipal services.
(4)
The pattern of public and private roads, driveways and parking facilities.
(5)
General landscape treatment.
(6)
If a new building or addition or remodeling to an existing building is considered, then also architectural drawings and sketches illustrating the design and character of such proposed new building or addition or changes.
(7)
General outline of the intended organizational structure related to ownership and operation of the project.
(8)
Estimated financial factors, such as estimated cost of maintenance and operation and estimated source or sources of income.
(9)
Such other information as the Village Board or the Plan Commission considers necessary to act under this section.
C.
Referral to the Plan Commission. Upon receipt of the above material the Village Board, if it believes the proposed project might be acceptable, shall refer the matter to the Plan Commission for study and investigation. Such Commission, if it desires, may have a public hearing, formal or informal. The Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the proposed use, and any changes or conditions which it feels are necessary or advisable.
D.
Public hearing. Upon receipt of the Plan Commission's recommendation, the Village Board may or may not approve the proposed use. Before taking action to approve such use, the Village Board shall hold a public hearing on the proposal.
(1)
Notice of such hearing shall include reference to the consideration of the specific proposed project including a brief description thereof.
(2)
Notice of such hearing shall be given by:
(a)
Publication once each week for two weeks, the first such publication to be not less than three weeks prior to the date of the hearing, and
(b)
Mailing a copy of such notice to the owner of each lot or parcel of real estate that is within 500 feet of the lot or parcel of real estate on which the proposed use will be exercised. Such mailing shall be made not lets than three weeks prior to the date of the hearing. The owners of lots or parcels of real estate to whom notice is to be given shall be determined from the records of the Village for the levying of real estate taxes.
E.
Basis for approval. The Plan Commission, in making its recommendation, and the Village Board, in making its determination, shall give consideration to and satisfy themselves as to the following in respect to the proposed use:
(1)
That the proposed development is consistent with the spirit and intent of this chapter; is in conformity with the general character of the Village, and would not be contrary to the general welfare and economic prosperity of the Village or the immediate neighborhood.
(2)
That the project appears economically sound and that there are or adequate arrangements have been made to reasonably assure the continued maintenance of the development.
(4)
The setbacks will be maintained along any boundary street of the project area as required by the basic zoning district.
(5)
That no building will be permitted closer to the side or rear boundary line of the project area than required by the applicable side or rear yard requirements of the adjoining zoning district abutting along a side or rear property line of the project.
(6)
That no building shall exceed the height limitation of the basic zoning district.
(7)
That the project will not create traffic beyond the capacity of the street system to reasonably serve it, and that there will be adequate off-street parking based upon the need generated by the proposed project.
(8)
That the care and maintenance of the grounds and buildings comprising such project will be assured by the establishment of an appropriate management organization, or by the Village with the cost to be charged as a special assessment, and that the Village shall have the right to perform such maintenance work as it feels reasonably necessary to properly maintain the building and grounds, if this is not otherwise taken care of, and to levy the cost thereof as a special assessment. Any such special assessment shall be due and payable and collectible as all other special assessments, even though the property may be exempt from general real estate taxes, in whole or in part.
F.
Determination. The Village Board, after due consideration, including consideration of the report of the Plan Commission, may reject the project or approve the project as originally proposed or approve it subject to certain changes, modifications, provisions and conditions as the Board considers reasonably necessary.
G.
Deed restrictions; contract. The Village Board shall require that the owner of the property on which such project will be located and/or any organization involved in the management and operation of such project place on the property deed restrictions, or enter into such contract with the Village as the Village Board determines reasonably necessary to assure continued compliance with the provisions of this section, and containing such provisions and conditions as the Village Board deems proper to regulate the use and maintenance of any changes in the project. The Village Board may require both deed restrictions and a contract.
H.
Change. No change or addition to any project approved under this section shall be made without being first submitted to the Plan Commission for its report to the Village Board and then approval by the Village Board.
(1)
As a condition to the approval of any such requested change or addition to a project previously approved, the Village Board may require so much of the procedure for original approval of a project to be followed as it determines reasonably necessary in order to make a determination as to the proposed change or addition and may require modified or additional deed restrictions to be recorded or an amendment to an existing contract or a new contract, or both such deed restrictions and contract.
I.
Building Board. Approval of a project pursuant to this section does not affect the necessity of approval by the Building Board in respect to any new construction or remodeling and the design and placement of any sign on the premises.