(a)

Special zoning districts within the Village of Godfrey are designed to address particular land use concerns or characteristics applicable to specified uses or areas. The special zoning district provisions are generally supplementary to the general zoning district requirements and provisions, except as specifically noted.

(b)

Such districts may consist of areas where mixed land uses are permitted in close proximity to each other or areas where an overlay is created to provide additional requirements which supplement the zoning district standards otherwise applicable to the land which is within the overlay area.

(c)

Such special districts generally require additional approvals of the zoning administrator, the planning and zoning commission, and/or the village board of trustees. Procedures for the special zoning districts are set forth in the following sections.

(Ord. No. 07-2009, 3-3-2009)

(a)

Planned unit developments are of three types in the Village of Godfrey: residential, business and manufacturing. The minimum district size for each type of planned unit development is five acres of contiguous land. The purpose of planned unit developments is to allow for a mixed use of land within the development which would not otherwise be allowed under the requirements of the particular zoning districts within the village. Planned unit developments are intended to encourage flexibility and creativity of design to provide a greater diversity of open space arrangements and other aspects of land planning within the development, while protecting existing and future developments and achieving the goals of the comprehensive plan.

(b)

The planned unit development is a voluntary and alternate special zoning procedure in the other zoning districts to permit flexibility in land uses and building types, to encourage economic and energy efficient subdivision design, and to encourage the provision of supporting community facilities in the development of diverse and sound developments under conditions of approved site and development plans.

(c)

All planned unit developments within the Village of Godfrey must, in addition to complying with the provisions of the zoning ordinance, also comply with the provisions of the Village Subdivision Ordinance No. 07-93. Planned residential developments and planned commercial developments may be proposed in combination. Planned commercial developments and planned industrial developments may be proposed in combination. Planned residential developments and planned industrial developments may not be proposed in combination.

(Ord. No. 07-2009, 3-3-2009)

Common open space. A parcel or parcels of land in a planned development designed and intended for the use of all residents or occupants thereof. Common open space unoccupied by principal or accessory buildings, however, may contain complementary recreational structures and improvements designed and intended for the benefit and enjoyment of residents of the planned development.

Plan. The proposal for development of a planned development, including a plat or subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development, usable open space and public facilities. The plan for any planned development shall include such information as required by this Ordinance and applicable provisions of the Subdivision Ordinance of the Village of Godfrey.

Planned commercial development (PCD). An area of minimum contiguous size, as specified by this Ordinance, to be planned, developed, operated and maintained as a unified development and containing one or more structures to accommodate retail, service, commercial, or office uses, or a combination of such uses, and appurtenant common areas and accessory uses incidental to the predominant uses in the development.

Planned development. An area of minimum contiguous size, as specified by this Ordinance, to be planned, developed, operated and maintained according to plan as a unified development and containing one or more structures with appurtenant common areas.

Planned industrial development (PID). A planned development consisting primarily of industrial uses, with such other appropriate business, public or quasi-public uses as may be included on approval if such uses are primarily incidental to the industrial development.

Planned residential development (PRD). An area of minimum contiguous size, specified by this Ordinance, to be planned, developed, operated and maintained as a unified development and containing one or more residential clusters, and with appropriate business, public or quasi-public uses as may be approved by the planning and zoning commission provided that such other uses are primarily for the benefit of the residential development. A retirement community would be an example of a planned residential development.

Planned unit development (PUD). An area of minimum contiguous size, as specified by this Ordinance, to be planned, developed, operated and maintained as a unified development and containing one or more residential clusters or planned unit residential developments or one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of differing uses as specified in this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

The planned residential development may combine residential uses found in the R-1, R-2, R-3, R-4 and R-5 residential districts.

(Ord. No. 07-2009, 3-3-2009)

A planned residential development shall comply with the following standards:

(a)

Minimum project area. The minimum project area permitted in a planned residential development shall contain a gross area of not less than five contiguous acres. This requirement may be waived or reduced by the planning and zoning commission or by the village board of trustees on appeal, when it is found that conformance to the provisions contained elsewhere in this Ordinance relating to lot size, bulk, dwelling type or number of structures or other requirements would result in a gross waste or inefficient use of a substantial portion of land area contained in a particular parcel proposed as the planned residential development or which would result in other consequences deemed incompatible with the purposes of this Ordinance and the comprehensive plan.

(b)

Ground coverage. The percentage of ground area of a planned residential development to be occupied by buildings and structures not included in common open space shall be the same as permitted in the existing zoning district in which the parcel or zoning lot is located, unless otherwise approved as part of the review of the planned unit development.

(c)

Dwelling unit density and area. The number of dwelling units which may be constructed within a planned residential development will be determined by dividing the project area by the required lot area per dwelling unit which is required in the zoning district in which the planned development is located. In cases where the land to which the plan pertains is divided into two or more adjoining zoning districts of differing restrictions, the maximum number of dwelling units which may be located on the entire development parcel may not exceed the combination of the aggregate number of dwelling units permitted on each such parcel. In each planned residential development the minimum lot size for any single-family detached dwelling structure located within the development shall average not less than 7,000 square feet. Dwelling area in the planned residential development will comply with the base zoning district requirements applicable to the development, unless a different dwelling area is approved as part of the review process.

(d)

Building height, spacing and length. In the planned residential development the height limitations for buildings shall be 45 feet, unless otherwise approved as part of the review process. Spacing between separate clusters of detached, semi-detached, attached or multi-storied structures shall be not less than 20 feet, unless otherwise approved as part of the review process; and single-family detached dwellings shall be spaced not less than 20 feet apart, unless otherwise approved as part of the review process. A continuous facade on any elevation of any structure or attached structures should not exceed 200 feet in length in any planned residential development, unless otherwise approved as part of the review process.

(e)

Perimeter setbacks. A perimeter setback of not less than 25 feet from the boundary of a planned residential development shall be maintained and no buildings, structures, off-street parking or loading areas shall be located closer than 25 feet to such perimeter boundary in any planned residential development. Where a planned residential development abuts a residentially zoned or developed area, perimeter setback areas shall also be appropriately landscaped so as to provide a buffer between the planned residential development and surrounding areas.

(f)

Common open space.

(1)

Common open space shall be provided in all planned residential developments for the benefit of all residents of the development and shall be of a design approved by the planning and zoning commission and village board. Construction and completion of all common open space and other common use or public facilities included in the plan for the development shall occur at an equivalent or greater rate than the construction of residential structures within the development.

(2)

The planning and zoning commission and village board may establish conditions necessary to assure the preservation of common open space for their intended purpose as demonstrated in the development plan. The developer shall give such legally enforceable assurances satisfactory to the planning and zoning commission and village board, which shall be the equivalent of those assurances required under the Subdivision Ordinance of the Village of Godfrey, that common open space or common use or public facilities shall be properly developed and maintained throughout the life of the planned residential development.

(g)

Deed covenants.

(1)

The planned residential development plan shall contain such covenants, easements and other provisions relating to the bulk, location and density, of all structures, including residential structures, nonresidential structures, common facilities, public facilities and other structures within the development as are necessary for the welfare of the planned residential development project and are not inconsistent with the best interest of the Village of Godfrey.

(2)

Such covenants may include condominium provisions and provisions for the creation and maintenance of homeowner or property owner associations to maintain common open space, common facilities and public facilities within the development, and shall be a requirement for such developments. All such deed covenants and similar instruments shall be subject to approval by the planning and zoning commission and the village board. All developments shall provide for such means, through home owner or property owner associations or the equivalent, to provide for the maintenance of all common open spaces, common facilities and public facilities within the development.

(h)

Landscaping and utility lines.

(1)

All required open space, parking lot islands, and all land area not otherwise developed shall be appropriately landscaped in a manner that enhances the appearance of the planned residential development project.

(2)

All utility lines shall be installed beneath the surface of the ground and a planned layout and specifications to accomplish these requirements shall be submitted to the planning and zoning commission as an integral part of the planned residential development plan. All planned residential development shall be provided with public water and public sanitary sewer systems.

(i)

Parking. Sufficient parking shall be provided on the same site as the use which it is intended to serve. Such parking should generally be in an amount comparable to the requirements for the zoning district in which the parcel is located. Additional parking may be required where it is deemed necessary for proper development of the planned residential development, or provision of space to add future parking may be required as part of the development.

(j)

Private streets. Private streets may be permitted in a planned residential development, provided that same are constructed to the standards and specifications set forth in the Subdivision Ordinance of the Village of Godfrey, Ordinance No. 07-93, and provided that appropriate means for the maintenance and upkeep of such private streets is provided as part of the plan for the planned residential development.

(k)

Natural features. Provision is to be made in each plan to accommodate and assure the maintenance of unique natural and manmade amenities such as streams, stream banks, floodplains, wooded areas, rough terrain, historic sites, and similar areas consistent with the development of the planned residential development.

(l)

Other requirements. Except as otherwise provided above or unless waived by the planning and zoning commission as part of the approval process, the general zoning standards of sections 60.200 through 60.220 shall apply.

(m)

Minimum dwelling area. The minimum dwelling area of multiple-family dwellings located in a planned residential development in excess of two shall have a total floor area of not less than 750 square feet for each dwelling unit with one bedroom; 1,000 square feet for each dwelling unit with two bedrooms; 1,250 square feet for each dwelling unit with three bedrooms; and not less than 1,500 square feet for each dwelling unit with four or more bedrooms, measured from the outside exterior walls, including utility rooms, but excluding all other areas not used for living or sleeping purposes including, but not limited to, cellars, basements, open porches, breezeways and garages.

(n)

Front facades. All multiple-family dwellings located in a planned residential development (PRD) shall have a minimum of 25 percent brick, stone, veneer, fiber cement board, stucco (dryvit), or masonry type building materials on all front facades. For purposes of this subsection (n) only, the following definition shall apply:

Multiple-family dwellings. A building containing three or more dwelling units, including units that are located one over the other.

(Ord. No. 07-2009, 3-3-2009)

The uses which shall be permitted in the planned residential development are as follows:

(a)

Any residential use, or combination thereof, allowed in the R-1 through R-5 zoning districts, subject to the standards set forth above for planned residential districts.

(b)

Nonresidential uses of a religious, cultural, institutional, recreational or educational character to the extent they are designed and intended to primarily and principally serve the residents of the planned residential development, including, but not limited to, common community spaces, dining facilities, food preparation facilities and similar facilities incident to elderly independent living developments.

(c)

Schools and educational institutions, public and private.

(d)

Child and adult daycare facilities.

(e)

Residential health care facilities.

(f)

Governmental uses, including buildings and structures.

(g)

Public utility facilities and structures. See section 60.217.

(h)

Earth terminal antennae. See section 60.218.

(i)

Parks, nature preserves, hiking and bicycle trails open to the general public.

(j)

Recreational facilities such as golf courses, tennis courts and similar facilities.

(k)

Uses approved under a companion or combination planned commercial development.

(Ord. No. 07-2009, 3-3-2009)

Accessory uses within the planned residential development district must be clearly associated with and supplementary to the principal use of the lot or tract of land upon which they are located. Except as otherwise approved upon application, all such accessory uses must meet the standards established for the R-3 zoning district and all accessory uses must be identified in the application for the planned residential development.

(Ord. No. 07-2009, 3-3-2009)

The planned commercial development (PCD) special zoning district is an area of not less than five acres in size which is planned, developed, operated and maintained as a single entity to accommodate a mixed use of business uses as set forth in the definition for planned commercial development above. The planned commercial development district is intended to be utilized for the establishment of shopping centers, medical centers, recreational areas, office complexes with mixed uses, and similar types of generally larger scale compatible use developments. The intent of the planned commercial development district is to allow such mixed uses in a compatible format.

(Ord. No. 07-2009, 3-3-2009)

(a)

Natural features. Provision is to be made in each plan to accommodate and assure the maintenance of unique natural and manmade amenities such as streams, stream banks, floodplains, wooded areas, rough terrain, historic sites and similar areas consistent with the development of the planned commercial development.

(b)

Unified control. The developed land is or will be under continuing unified control during and after construction, subject to the provisions of this Ordinance.

(c)

Common open space.

(1)

Common open space shall be provided in all planned commercial developments for the benefit of all residents of the development and shall be of a design approved by the planning and zoning commission and village board. Construction and completion of all common open space and other common use or public facilities included in the plan for the development shall occur at an equivalent or greater rate than the construction of residential structures within the development.

(2)

The planning and zoning commission and village board may establish conditions necessary to assure the preservation of common open space for their intended purpose as demonstrated in the development plan. The developer shall give such legally enforceable assurances satisfactory to the planning and zoning commission and village board, which shall be the equivalent of those assurances required under the Subdivision Ordinance of the Village of Godfrey, that common open space or common use or public facilities shall be properly maintained throughout the life of the planned commercial development.

(d)

Minimum project area. The minimum project area permitted in a planned commercial development shall be a gross contiguous area of not less than five acres. This requirement may be waived or reduced by the planning and zoning commission or by the village board of trustees whenever it is found that conformance to the provisions contained in the zoning ordinance relating to lot size, bulk, dwelling type or number of structures would result in a gross waste or inefficient use of a substantial portion of land area contained in a particular parcel or other results deemed incompatible with the purposes of this Ordinance and the comprehensive plan.

(e)

Maximum gross floor area. For business and commercial uses within the planned commercial development, the total gross floor area of all buildings and open storage or retail sales areas should generally not exceed 25 percent of the project net area for commercial uses subject to the following:

(1)

Exceptions to the maximum gross floor area may be permitted by the planning and zoning commission for commercial uses provided that such exceptions are clearly set forth in the approved development plan and adequate off-street parking and other facilities are provided. Building coverage, excluding parking structures, should not, however, exceed 40 percent of the project in that area.

(2)

In cluster developments, shopping centers or business parks, there shall be no gross floor area or building coverage restrictions on individual building sites, provided that provisions are met for the planned development project to have adequate off-street parking, maintenance, common areas and for access to individual building sites.

(f)

Building types permitted. In the planned commercial development only the type of building, structures or uses permitted by the base district regulations applicable to the development shall be permitted. Determination of compliance with this requirement shall be included within the review of the development plan by the planning and zoning commission.

(g)

Streets and driveways. All streets and drives within a planned commercial development shall provide adequate vehicular circulation for service and emergency vehicles, as well as for the vehicles of persons using the project and for the area within which it is located. The required widths and improvements for streets and driveways shall be established by the planning and zoning commission as part of the approval process. Vehicular circulation and pedestrian circulation within the development shall be separated whenever possible by the development design. Special consideration shall be given to providing adequate sight distances and warning signs for the intersections of pedestrian and vehicular access ways.

(h)

Height. The maximum height and number of stories for any building or structure within the development shall not exceed the maximum building height regulations for the base district in which the development is located, unless the heights of buildings and structures are otherwise established by the planning and zoning commission pursuant to the approval of the planned development project.

(i)

Setbacks and open spaces. Building setbacks and distances between buildings shall be dimensioned on the required plans for the development and shall be established as part of the plan approval for individual building lots within the planned commercial development project. Building setbacks from the planned development boundary shall conform to the parameter setback requirements set forth below, unless otherwise established by the planning and zoning commission as part of the plan approval.

(j)

Perimeter setbacks.

(1)

At locations where the planned commercial development adjoins or abuts a residential lot, use, or zoning district, buildings and activities within the development must adhere to a perimeter setback requirement of 50 feet from the district boundary line. Appropriate and permanent screening consisting of landscaping, walls or fences must be provided in a buffer strip not less than six feet in height which is sufficient to screen excessive sounds and view from the development into the adjoining or nearby residential areas.

(2)

Any structure exceeding 30 feet in height within the development which adjoins property in a residential zoning usage shall be setback an additional one foot for every two feet in height above 30 feet. Greater setbacks may be required by the planning and zoning commission and/or the village board to insure compatibility with adjoining developments or uses.

(k)

Off-street parking and loading.

(1)

Off-street parking and loading shall be provided as otherwise required by the provisions of this Ordinance for the uses proposed within the planned commercial development project. Off-street parking designed to accommodate the entire development may be established on a single parcel of land owned in common in which the parking areas, drives, and landscaping are maintained by the owners, tenants or occupants of the planned development project for common usage. In such circumstances, means shall be provided for the care and maintenance for such off-street parking for the duration of the development.

(2)

Where the planned commercial development includes two or more uses, the planning and zoning commission may approve a reduction of not more than 30 percent in the otherwise required off-street parking for developments which exceed 500,000 square feet of gross floor area under a single ownership or management control. If it is demonstrated that the combined uses and customary operation of the uses in the development will not require the higher level of parking which would otherwise be required.

(3)

Developments with a gross floor area of greater than 750,000 square feet under a single ownership or management control may, upon the approval of the planning and zoning commission, have a parking reduction requirement of greater than 30 percent.

(l)

Accessory structures or minor additions. Accessory uses and structures shall meet the requirements of the base zoning district regulations in which the development is located and such uses shall be included in the development plan and subject to approval by the planning and zoning commission. Accessory structures and minor additions may be added through site plan review with the zoning administrator, provided that detailed plans are in substantial conformance with the plan as approved by the planning and zoning commission.

(m)

Lighting. All lighting facilities shall be arranged and designed in a manner which will minimize direct glare or hazardous interference of any kind and will protect neighboring properties from excessive glare or the spillage of lighting.

(n)

Site design. Site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes, street patterns and use relationships within the development.

(o)

Landscaping and utility lines. All required open space, parking lot islands, and all land area not otherwise developed shall be landscaped in a manner which enhances the appearance of the planned commercial development project. All utility lines shall be installed beneath the surface of the ground and a plan layout and specifications to accomplish these requirements shall be submitted to the planning and zoning commission as an integral part of the planned commercial development. All planned commercial development shall be provided with public water and sewer systems.

(p)

Other requirements. Except as otherwise provided above or unless waived by the planning and zoning commission as part of the approval process, the general zoning standards of sections 60.200 through 60.220 shall apply.

(Ord. No. 07-2009, 3-3-2009)

The permitted uses with the planned commercial development shall include all those permitted by the base district regulations for the district in which the development is located.

(a)

Shopping centers and similar larger scale developments where permitted by the base district regulations.

(b)

Professional and administrative office complexes where permitted by the base zoning district regulations.

(c)

Off-street parking structures which are part of and designed to provide off-street parking for the development within which the structure is located.

(d)

Landscaped areas, parks and open space areas which are integrated into the planned commercial development.

(e)

Recreational facilities, both indoor and outdoor, such as golf courses.

(f)

Other business uses permitted in the B-1 through B-4 zoning district regulations, if approved by the planning and zoning commission as part of the approval process for the planned commercial development.

(g)

Uses approved under a companion or combination planned residential development.

(h)

Uses approved under a companion or combination planned industrial development.

(Ord. No. 07-2009, 3-3-2009)

Accessory uses within the planned commercial development district must be clearly associated with and supplementary to the principal use of the lot or tract of land upon which they are located. Except as otherwise approved on application, all such accessory uses must meet the standards established for the B-1 zoning district and all such accessory uses must be identified in the application for the planned commercial development.

(Ord. No. 07-2009, 3-3-2009)

Planned industrial development are intended to permit manufacturing activities found in the manufacturing zoning district regulations within a planned unit development. The planned industrial development is intended to provide for a mixed use of industrial development.

(Ord. No. 07-2009, 3-3-2009)

The planned industrial development shall meet all of the requirements set forth set forth in section 60.809 above, for planned commercial developments. The planned industrial development shall, additionally, meet all requirements for the manufacturing zoning district within which the development is located. If located in more than one manufacturing zoning district, the development shall meet the requirements of the more restrictive zoning district.

(Ord. No. 07-2009, 3-3-2009)

Permitted uses within the planned industrial development shall include all of those allowed by the manufacturing zoning district in which the development is located, subject to the restrictions applicable to such uses within the manufacturing zoning district and will include:

(a)

Industrial parks.

(b)

Landscaped areas, parks, and open space areas which are integrated into the planned industrial development.

(c)

Other business uses, including retail, service, office and recreational uses which are compatible with the industrial uses occurring in the planned industrial development and which are primarily designed to accommodate the work force within the planned industrial development.

(Ord. No. 07-2009, 3-3-2009)

Accessory uses within the planned industrial development district must be clearly associated with and supplementary to the principal use of the lot or tract of land upon which they are located. Except as otherwise approved on application all such accessory uses must meet the standards established for the M-1 zoning district.

(Ord. No. 07-2009, 3-3-2009)

To the extent that the planned unit development entails a subdivision of real estate which requires compliance with the Village of Godfrey Subdivision Development Ordinance No. 07-93, or the other provisions of this Ordinance regarding the rezoning of real estate to be included within the proposed development, the procedures for subdivision approval and rezoning approval shall be coordinated with the procedures for consideration of the planned development by the planning and zoning commission and village board. Where practicable, submittals, public hearings and meetings for consideration of the planned development shall operate in conjunction with the procedures under the subdivision ordinance and the other procedures of this Ordinance.

(a)

Preapplication conference. Prior to submitting an application for a planned development, an applicant shall confer with the zoning administrator to obtain information and guidance before entering into the development or incurring substantial expense in the preparation of plans, surveys and other data required for the planned development. Applicants are encouraged to submit a sketch plan which would be the equivalent of that provided under section 70.400 of Ordinance No. 07-93.

(b)

Application. To initiate the approval process, an application shall be submitted for a planned development to the zoning administrator who will then refer it to the planning and zoning commission for consideration as herein provided. The application shall be accompanied by a nonrefundable filing fee established by resolution of the board of trustees. The application shall include, at a minimum, the following information:

(1)

A legal description of the property proposed for the development.

(2)

A preliminary development plan prepared at a scale of not more than 100 feet to one inch depicting the following:

(A)

The gross land area and project net area of the planned development, the present zoning classification of the area, and the zoning classification of the properties surrounding the development.

(B)

All existing structures and land uses currently on the property proposed for the development and the location of any uses and structures on properties which adjoin the proposed development.

(C)

The location and use or uses proposed for each existing or proposed structure within the planned development, the number of stories, building or structure height, gross floor area, building coverage and approximate location of entrances and exits.

(D)

Existing and proposed contours at intervals of two-foot for land having slopes of zero to four percent; five-foot contour data for land having slopes between four to 12 percent; and ten-foot contour data for land having slopes of 12 percent or more. Locations, elevations and direction of flow of major water courses, natural drainage ways and ponding areas shall be delineated. Floodplain areas shall be delineated.

(E)

All existing and proposed curb cuts, driving lanes, parking areas, loading areas, storage areas and trash storage areas.

(F)

All pedestrian walks and open areas for use by the occupants or persons using or present in the proposed development, as well as the general public.

(G)

Types of surfacing proposed for all walks, driveways and other access ways.

(H)

A preliminary landscape, screening and buffering plan for the project including the approximate height, type and location of all buffers, fences, landscaping, and walls, and the methods by which the landscaping, fences and walls will be preserved and maintained throughout the life of the development.

(I)

A concept plan showing all existing or proposed facilities and features such as hydrants, utility structures, wells, sewage disposal facilities, outside lighting, recreation facilities, together with information regarding the maintenance and preservation of such facilities.

(J)

Preliminary plans for control and disposal of natural and stormwater drainage.

(K)

Preliminary plan for the adequate control of erosion and sedimentation, including that expected to occur during all phases of clearing, grading and construction.

(L)

Typical plans and elevations for each type of structure to be located within the development to indicate architectural type, style and materials of construction.

(M)

Location of present utility services to the proposed development including electric, water, sanitary sewer and telephone.

(N)

Not less than 15 copies of the preliminary development plan will be submitted with the application.

(3)

The names and addresses of the applicant, and all persons to whom notices of hearings required by this Ordinance are required to be sent (see below).

(c)

Review of planned development application and preliminary plan. The application and planned development plan shall be submitted to the zoning administrator for review as to the completeness of the submittal. When the zoning administrator has determined that the application and plan are complete, it will be filed and referred by the zoning administrator to the planning and zoning commission for consideration. The zoning administrator shall also refer the application and plan as indicated in section 70.401.2 of Ordinance No. 07-93 for comment within 30 days by the officials or entities listed in that ordinance. Comments received shall be forwarded to the planning and zoning commission by the zoning administrator.

(d)

Public hearing. The planning and zoning commission shall hold a public hearing on the application and planned development plan. The hearing may be conducted simultaneously with any other public hearing required for its consideration including those under section 60.905.5 of this Ordinance and section 70.401.4 of Ordinance No. 07-93. Required notices for such hearings may be combined. Upon filing of the application and plan by the zoning administrator, the public hearing should be set before the planning and zoning commission within 60 days of the date of filing. The public hearing may be adjourned from time to time and notice given at the time of adjournment of the time, date and location to which the hearing is adjourned shall be sufficient and no further notice need be given.

(e)

Notice of public hearing. The zoning administrator shall give notice of the time, date and place of the public hearing as follows:

(1)

Content. The notice shall contain:

(A)

A brief description of the proposed development plan;

(B)

The particular location of the real estate proposed for the development by legal description and street address, or, if no street address is available, by reference to any well-known landmark, highway, road, thoroughfare or intersection;

(C)

A brief summary explaining the purpose and subject matter of the hearing; and

(D)

The following language in bold print in a prominent location in the notice:

"THE PLANNING AND ZONING COMMISSION MAY APPROVE THE PROPOSED PLANNED DEVELOPMENT PLAN AND APPLICATION WITH OR WITHOUT MODIFICATIONS OR CONDITIONS OR IT MAY DISAPPROVE THE PLAN. THIS COULD SIGNIFICANTLY AMEND, MODIFY, REVISE, OR ALTER THE PLAN AS ORIGINALLY FILED BY THE APPLICANT AND COULD SIGNIFICANTLY CHANGE THE IMPACT OF THE PROPOSED PLANNED DEVELOPMENT ON SURROUNDING PROPERTY OWNERS, INCLUDING ROADWAYS, DRAINAGE, SEWAGE SYSTEMS, TRAFFIC PATTERNS, AND UTILITIES. SHOULD YOU DESIRE TO BE HEARD REGARDING THE PROPOSED PLAN AS FILED OR AS TO ANY AMENDMENTS, MODIFICATIONS, REVISIONS OR ALTERATIONS OF THE PROPOSAL, YOU SHOULD ATTEND THE PUBLIC HEARING".

(2)

Published notice. The foregoing notice shall be published one time in a newspaper of general circulation within the Village of Godfrey and the area under consideration at least 15 days, but not more than 30 days, prior to the scheduled public hearing. The applicant shall pay the cost of publishing the notice.

(3)

Mailed notice. The foregoing notice shall also be sent by United States First Class Mail at least 15 days before the scheduled public hearing to the applicant and to the owners of all property adjacent to and within 250 feet in any direction from the subject property. The applicant shall furnish to the administrator at the time the application is filed a complete list containing the names and last known addresses of the owners of property required to be notified and shall pay the cost of the notice to the adjacent and surrounding property owners. Any error in notification of the adjacent or surrounding property owners due to the inadequacy of the listing shall be the responsibility of the applicant.

(4)

Posted notice. The foregoing notice shall also be posted on the property where the planned development is to be located at least ten days prior to the public hearing date. It shall be placed where it can be readily seen from the street or highway on which the property fronts as follows:

(A)

The notice must be protected from the wind and weather and be fastened and secured to a board or other support which can in turn be attached to a two-inch x four-inch post or other anchoring device protected against the wind and other elements;

(B)

The notice should be placed at least four feet above ground level or above the grade of the street or highway on which the property fronts where it can be readily seen by persons passing the property;

(C)

The notice should be placed at a location which is located within five feet of the right-of-way of the most traveled street or highway on which the property fronts;

In the event the property does not have frontage on a major road or is so located that it is accessed by a private or nonpublic roadway, the notice should be posted on the subject property at a location which will provide the greatest available visibility. An affidavit of posting shall be placed on file prior to or on the date of the hearing. The zoning administrator may require additional notices to be posted by the applicant as may be necessary to carry out the intent of this Ordinance to provide public notice of the planned development.

(f)

Decision by planning and zoning commission. The planning and zoning commission shall, within 90 days of the date the application is filed by the zoning administrator, at a duly scheduled meeting (which may, but need not, be held in conjunction with the public hearing on the application), either approve (with or without modifications/conditions) or disapprove the application and development plan. The applicant and the commission may extend this time limit by mutual agreement. The commission shall state its reasons for its action (including the nature of any conditions/modifications) in writing, and attach the written statement to the application and development plan. One copy of the application and plan shall be returned to the zoning administrator and filed, and one copy shall be returned promptly to the applicant by first class mail.

(g)

Decision by village board. The recommendation of the planning and zoning commission shall in each case be forwarded by the zoning administrator to the village board for final approval or rejection. The village board shall approve or disapprove the recommendation of the planning and zoning commission regarding the proposed preliminary development plan within 30 days following its first regular meeting after which the recommendation is received from the planning and zoning commission, provided that final action shall be taken within 90 days from the date the said application and plan was filed by the zoning administrator, unless the applicant and the village have agreed to extend this time limit. The decision of the village board shall constitute the final decision of the village on the application and preliminary plan.

(h)

Notification. Following the final decision of the village board, a letter of notification shall be sent by the zoning administrator to the person whose name is noted on the application and development plan to receive notices, and the letter shall be dated the day it is actually sent.

(i)

Modifications/conditions. The planning and zoning commission may impose conditions or modifications on the application or development plan, which may include, but not be limited to the following:

(1)

Permitted uses, including maximum floor area.

(2)

Performance standards.

(3)

Height limitations.

(4)

Minimum yard requirements.

(5)

Off-street parking and loading requirements.

(6)

Minimum requirements for site development plans.

(7)

Time limitations for commencement of construction.

The village board may approve, deny, table or approve any of the conditions or modifications which are contained in the approval or recommendation of the planning and zoning commission.

(j)

Submittal of final development plan. The final development plan for the planned development shall be submitted to the zoning administrator and subject to review as follows:

(1)

Not later than six months following the approval of the preliminary development plan and application, together with any rezoning petition which may be required, the applicant shall file with the zoning administrator an application for approval of a final development plan. The planning and zoning commission, upon written request from the applicant, may extend for an additional six-month period the time for filing the application for approval of the final development plan.

(2)

The application for final plan development approval shall be accompanied by 15 copies of the final development plan and a nonrefundable processing fee as established by resolution of the board of trustees.

(3)

In the event a final development plan is not submitted within six months following approval of the preliminary plan and the rezoning petition, if required, and if the planning and zoning commission does not grant a six-month extension for such submittal, the village board may undertake to rezone the property to its prior zoning classification pursuant to the rezoning provisions of this Ordinance.

(k)

Contents of final development plan. The final development plan shall assure that each phase of the development plan substantially conforms to the intent, form and content of the approved preliminary development plan. The final plan shall include, but not be limited to the following:

(1)

A scaled plan showing all of the features and characteristics set forth in the preliminary plan and to be incorporated in the final development plan.

(2)

A landscape plan showing the location, type and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, as well as the identification of any existing trees to be removed that are two inches in diameter or greater, all proposed buffering, fencing, walls, berms and any other pertinent architectural elements associated with the landscape plan for the development or any buffering or screening characteristics required.

(3)

Land use characteristics in table form containing the following information:

(A)

Gross project area in terms of acreage.

(B)

Net project area in terms of acreage.

(C)

Approved density for the project in terms of lot area/square feet of building area.

(D)

Approved usable space for the project in terms of square feet of open space/net project area.

(E)

Total number of parking spaces and loading spaces (if applicable).

(4)

Graphic representation of all public easements and legal descriptions thereof, the recipient of the easement, the purpose of the easement, and any conditions relating to the use of the easement or its duration or scope.

(5)

Legal description of the gross project area.

(6)

Any other minimum requirements established in the conditions for the planned development, the Village of Godfrey Subdivision Ordinance, and any other applicable ordinance of the Village of Godfrey.

(Ord. No. 07-2009, 3-3-2009)

The following time limitations shall apply to planned developments:

(a)

Actual construction shall occur within two years following the date of final approval of the development plan and shall be diligently pursued to completion. In any event, where construction has not been commenced within the two-year period, the board of trustees may allow a reasonable extension upon written request by the applicant providing reasonable cause for an extension to be granted.

(b)

In the event construction has not been commenced within the two-year [period] following final approval and an extension of time has not been granted by the village board, the village board may undertake to rezone the property to its prior classification following the rezoning procedures of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

(a)

Any minor or nonsubstantive change in the approved plan may be made only after approval of such change by the zoning administrator or the planning and zoning commission. Any proposed change shall be clearly portrayed on all copies of the final approved plan and shall be submitted to the zoning administrator for review and determination or at his discretion shall be referred directly to the planning and zoning commission for approval or rejection.

(b)

Any change or addition of land use (other than accessory uses), common open space area and parking facilities shall require approval of the planning and zoning commission.

(c)

All changes to the plan must be compatible with the original plan for land use, traffic circulation and open space, the purpose intent of this Ordinance, and with the height and area regulations and parking ratios reflected in the plan originally approved by the village board. Substantive changes in the development plan shall require consideration in the same manner as the original application.

(d)

Planned developments may be submitted for approval in phases, however, each phase of the development shall be equal in area to the minimum project area requirement for the type of planned development and the submission of the initial phase shall include a master plan for future phases and the overall development in such detail as the zoning administrator and planning and zoning commission may deem necessary to properly evaluate the proposed planned development on a phased basis, but the master plan will not generally require the detail required for the preliminary development plan application under subsection 60.818(b). The application for each phase of the planned development shall comply fully with the requirements of subsection 60.818(b). Approval by the village of an initial phase or a subsequent phase will not constitute approval of the entire planned development where only a master plan for future phases has been presented and each phase will be evaluated separately. After a master plan has been submitted as part of the approval of an initial or subsequent phase, any modification of the master plan may only be made with the approval of the village board of trustees. The master plan shall, minimally, provide the following information:

(1)

A legal description of the property proposed for master plan approval.

(2)

A concept development plan prepared at a scale of not more than 200 feet to one inch depicting the following:

(A)

The gross land area and project net area of the planned development, the present zoning classification of the area, and the zoning classification of the properties surrounding the planned development.

(B)

All existing structures and land uses currently on the property proposed for the development and the location of any uses and structures on properties which adjoin the proposed planned development.

(C)

The location and use or uses proposed for each existing or proposed structure within the planned development, the number of stories and gross floor area.

(D)

Existing and proposed contours at intervals of ten feet. Locations and direction of flow of major water courses, natural drainageways and ponding areas shall be delineated.

(E)

All existing and proposed curb cuts, driving lanes, parking areas, loading areas and storage areas.

(F)

Common area walks and common open areas for use by residents, tenants and the general public.

(G)

A concept landscape, screening and buffering plan for the planned development.

(H)

Concept plans for the control and disposal of natural and stormwater drainage, including detention facilities.

(I)

Location of present utility services to the proposed planned development, including electric, water, sanitary sewer and telephone.

(J)

Boundary lines of the area of the master plan. Boundary lines of the preliminary development plan for the initial phase shall be shown, along with boundary lines for proposed future phases.

(K)

Not less than 15 copies of the master plan shall be submitted with the application.

(Ord. No. 07-2009, 3-3-2009)

(a)

Unless otherwise provided in the conditions of a particular planned development, no building permits, or permits authorizing the occupancy or use of a building, facility, establishment or structure may be issued until all required related improvements are constructed in accordance with the provisions of the subdivision ordinance or the conditions of approval under this Ordinance have been provided or a performance bond, escrow arrangement, or other acceptable means of assurance of completion is posted covering the estimated cost of such improvements, as determined by the village engineer and approved by the village attorney.

(b)

In the event a planned development is constructed or developed in phases, the requirement for such assurances shall apply to all major improvements necessary to the proper operation and function of the phase in question, even though the improvements may be located outside the particular area of the development where the phase is being developed.

(Ord. No. 07-2009, 3-3-2009)

Any person who files an application for a planned development may request withdrawal of the application any time prior to final village board action on the application. A request for withdrawal shall be submitted in writing and signed by all persons who signed the original application. A withdrawal effectively made pursuant to these provisions shall constitute an abandonment of the application.

(Ord. No. 07-2009, 3-3-2009)

In the event an application for a planned development is denied by the village board, another application pertaining to the same real estate shall not be filed for a term of 18 months after the date of final denial, unless the village board grants permission for such filing. A timely withdrawal of an application prior to final action by the village board shall not bar refilling for 18 months.

(Ord. No. 07-2009, 3-3-2009)

In addition to the land use districts established under this Ordinance, there are special overlay districts which impose particular standards and requirements on areas within the village which are subject to such overlays. The purpose of the overlay districts is to promote the public health, safety and general welfare due to particular topographic or other characteristics which are particular to the area of the village subject to the overlay provision.

(Ord. No. 07-2009, 3-3-2009)

All areas of the Village of Godfrey located within a floodplain (special flood hazard area) as identified on the flood insurance rate map for the Village of Godfrey prepared by the Federal Emergency Management Agency and dated October 15, 1981, or any later version or edition, shall, in addition to compliance with all other requirements of this Ordinance, also comply with the requirements of Ordinance No. 09-93, being entitled "An Ordinance Regulating Development in Floodplain Areas Within the Village of Godfrey, Illinois", and all amendments thereto.

(Ord. No. 07-2009, 3-3-2009)

The Board of Trustees of the Village of Godfrey may designate areas within the village as conservation overlays which regardless of other zoning district designations are subject to the provisions of this section. The purpose of this overlay is to protect the areas so designated in order to minimize and mitigate conflicts as a result of development and other manmade activities within the area covered by the construction overlay. The Alton Lake Heritage Corridor, as generally described in the land management plan for the Alton Lake Heritage Parkway, is an example of an area within the Village of Godfrey where the conservation overlay requirements could be appropriately applied. Prior to designating an area as a conservation overlay district, the board of trustees shall hold a public hearing and notice shall be given to all property owners within the area proposed to be designated as within the conservation overlay district. The public hearing will be conducted in the same manner as hearings by the planning and zoning commission under section 60.905.5.

(Ord. No. 07-2009, 3-3-2009)

Section 60.826.1. Application of conservation overlay regulations and requirements.

The requirements and regulations contained in this section shall apply to all areas which are designated as a conservation overlay on the official zoning map of the Village of Godfrey by action of the board of trustees. The conservation overlay shall control in the case of any conflict between the regulations contained in this section and the regulations otherwise applicable to any property by virtue of its zoning under the provisions of its underlying base zoning district.

(a)

Permit requirement. No construction; substantial improvement; subdivision of land; installation of communication towers and structures, including satellite dishes, antennae, earth terminal antennae, transmission towers; installation of signs; or the cutting or removal of trees of four-inch caliper or greater; or other development within areas located in a conservation overlay shall be undertaken without first obtaining a permit from the zoning administrator. The zoning administrator will issue a permit for such activities only if they comply with and meet the requirements of the conservation overlay.

(b)

Exceptions. The following exceptions shall apply to the permit requirement of this section:

(1)

The specific development or use is covered by a current building permit.

(2)

The work consists of exclusively interior remodeling which does not alter the outside visual aspect of the structure involved.

(c)

Zoning administrator review and approval.

(1)

All persons, organizations, corporations or other entities desiring to undertake activities within the conservation overlay which are not exempted above shall apply to the zoning administrator for approval of the proposed activity and demonstrate that the activity is insignificant and will not adversely impact the visual quality of the conservation overlay area, will not harm the environment within the area of the conservation overlay, and/or will not compromise or harm historical values existing within the conservation overlay.

(2)

The zoning administrator may approve or deny the application or, in the discretion of the zoning administrator, refer the application to the planning and zoning commission for the consideration of that body. The zoning administrator, in approving any application, may do so with conditions, taking into account the following:

(A)

The degree to which the proposed activity or development would adversely affect the scenic, aesthetic and/or historical values upon which the conservation overlay designation was originally based;

(B)

The necessary for the proposed activity or development in terms of public safety, welfare or convenience;

(C)

The availability of reasonable alternatives to the proposed activity or development which could reduce or eliminate anticipated intrusions into the viewsheds of the conservation overlay area;

(D)

Whether the proposed activity or development would compromise or harm other environmental or historical values;

(E)

Compensatory actions proposed or which could be undertaken, such as replacement of trees or landscape screening to ameliorate the effects of the proposed activity or development;

(F)

The consistency of the proposed activity or development with previously adopted village plans and policies.

(d)

Procedures for obtaining permits. Any person, organization, corporation or entity seeking approval for an activity or development within a conservation overlay area which is not otherwise exempt under this Ordinance shall file an application in writing with the zoning administrator together with the following:

(1)

A statement of the purpose, or purposes, for the activity or development proposed and a description of the proposed activity or development.

(2)

A one-inch = 50-foot scale map identifying the location of the activity.

(3)

If requested by the zoning administrator, a detailed, scaled drawing demonstrating, at a minimum, the height, bulk, color and site location of proposed activities.

(4)

Any further explanatory or demonstrative materials requested by the zoning administrator.

(e)

Appeals. Pursuant to the appeal procedures of section 60.905.7 any decision of the zoning administrator made under this section may be appealed by the applicant to the planning and zoning commission. The applicant will be entitled, upon such review, to offer any additional testimony, documents or other evidence to the planning and zoning commission to support the application as the applicant may desire. In the event the planning and zoning commission denies the application or approves it subject to conditions, the applicant may appeal such decision to the village board of trustees pursuant to the provisions of section 60.905.8. No new or additional evidence, testimony, or other material will be presented upon review by the village board and the review shall be made on the record which was before the planning and zoning commission.

(f)

Further application. In the event of a denial of an application, the same application, or substantially same application, shall not be submitted to the village for a period of not less than 18 months following the date of the original application, unless the village board waives this requirement.

(Ord. No. 07-2009, 3-3-2009)