The following special uses are permitted if and only if approved pursuant to subsection
8-10-1-1B of this Title:
A. Open space subdivision developments with individual residential lot requirements reduced in lot area, provided that the development shall meet the following standards:
1. The minimum area of an open space subdivision development shall be one hundred (100) acres with not less than forty (40) acres preserved in perpetuity as public open space;
2. The total number of residential lots shall not exceed one lot per forty thousand (40,000) square feet of land within the tract, exclusive of internal roads and flood plain, if any; if the tract of land lies within both the SR-1 and SR-1.5 Districts, the total number of residential lots shall not exceed the combined total of, a) one lot per one and one-half (11/2) acres (65,340 square feet) exclusive of internal roads and flood plains, if any, for that portion of the land lying in the SR-1.5 District, and b) one lot per forty thousand (40,000) square feet, exclusive of internal roads and flood plain, if any, for that portion of the land lying in the SR-1 District;
3. Each lot in the open space subdivision development shall meet the following minimum requirements:
a. One hundred thirty foot (130') width at building line;
b. One hundred seventy five foot (175') lot depth;
c. Thirty foot (30') minimum front yard;
d. Twenty foot (20') side yard, except where adjoining open space, in which event a fifteen foot (15') side yard shall be required, and except where adjoining a roadway, in which event a thirty foot (30') side yard shall be required;
e. Forty foot (40') rear yard;
f. All accessory buildings, structures, patios and decks shall be within building setback lines;
g. Driveways and off street parking shall not be located closer than five feet (5') from any side or rear yard;
h. Total lot area of not less than twenty four thousand (24,000) square feet;
i. Not more than twenty percent (20%) of the area of a lot may be covered by principal buildings, and accessory buildings nor may more than six thousand five hundred (6,500) square feet of living space be constructed on any lot; provided, however, upon determination by the corporate authorities of the village that a particular lot is of sufficient size, configuration and location to allow living space in excess of six thousand five hundred (6,500) square feet, the corporate authorities may vary and increase said six thousand five hundred (6,500) square foot standard; provided that the total combined square footage of all accessory buildings shall not exceed seventy five percent (75%) of the square footage of the principal building including the area within an attached garage, except in cases where the lot coverage of the principal building and all accessory buildings and uses is less than fifteen percent (15%), in which case the seventy five percent (75%) limitation on the combined area of accessory buildings as a percentage of the square footage of the principal building shall not apply, and up to ten percent (10%) of the area of the lot may be covered by the combined area of all accessory buildings; provided further, however, no such variance shall be granted except upon submittal of specific plans and specifications, including landscaping and driveway location, for the particular lot in question, for approval thereof by the corporate authorities. For any accessory building receiving an exception to the seventy five percent (75%) of the square footage of the first floor of the principal building limit, the total combined square footage of all accessory buildings shall not exceed 2,000 square feet, except on an agriculture permitted use lot of five (5) acres or greater, and any detached garage accessory building shall require an additional two (2) feet of setback for every 100 square feet over 1,000 square feet from any side yard which adjoins a street. No attached garage shall exceed thirty three percent (33%) of the square footage of the principal residence. Any deviation from said plans, specifications, landscaping or driveway location as approved by the corporate authorities shall void any variance granted from said six thousand five hundred (6,500) square foot requirement. Refer to section 8-5-7: MAXIMUM BUILDING AND IMPERVIOUS SURFACE COVERAGE for additional provisions on total lot coverage area limits. 4. Each lot shall be serviced by sanitary and storm sewer, curb and gutter, and public or private water system;
5. Each lot in the open space subdivision development which adjoins an existing residential lot shall, when combined with the open space area lying between the open space lot and existing residential lot, contain no less than forty thousand (40,000) square feet;
6. The use of the area devoted to open space shall be permanently assured and control of such use shall be retained by the village;
7. The entire open space subdivision shall be subdivided and developed as one unit;
8. A sketch plan and supporting documents as provided in section
9-2-2-1 of this code shall be submitted and approved and incorporated as a condition of the special use permit;
9. Such other and further conditions or requirements as the village authorities may set forth when permitting the development of a particular area as an open space subdivision;
10. The developer of an open space subdivision shall make adequate provision for the future maintenance and control of the open space, preservation areas, walkways and other facilities required by the village authorities to be established in areas dedicated or reserved to public or recreational uses;
11. The tract of land is found by the corporate authorities of the village to be physically and environmentally suitable for the proposed development;
12. Unless a more strict standard is set forth in this subsection A, in which event the more strict standard shall apply, each lot shall also comply with the site and structure requirements set forth at section
8-5C-4 of this chapter.
B. Cluster open space subdivision developments, which shall be restricted to property located in close proximity to land zoned for intensive industrial use and adjacent to a golf course, and with individual residential lot requirements reduced in lot area; provided, that the development shall meet the following standards:
1. Density: The maximum number of houses permitted shall not exceed one dwelling per acre (43,560 square feet) of gross site area. The gross site area shall not include any perimeter street rights of way or any floodplain land.
2. Unit Types: Only detached single-family dwelling units shall be permitted.
3. Unit Sizes: The minimum size house shall be one thousand five hundred (1,500) square feet and the maximum permitted size shall be three thousand five hundred (3,500) square feet of habitable floor area.
4.
Accessory Uses: Not more than twenty percent (20%) of the area of a lot may be covered by principal buildings, and accessory buildings nor may more than six thousand five hundred (6,500) square feet of living space be constructed on any lot; provided, however, upon determination by the corporate authorities of the village that a particular lot is of sufficient size, configuration and location to allow living space in excess of six thousand five hundred (6,500) square feet, the corporate authorities may vary and increase said six thousand five hundred (6,500) square foot standard, provided that the total combined square footage of all accessory buildings shall not exceed seventy five percent (75%) of the square footage of the principal building, including the area within an attached garage, except in cases where the lot coverage of the principal building and all accessory buildings and uses is less than fifteen percent (15%), in which case the seventy five percent (75%) limitation on the combined area of accessory buildings as a percentage of the square footage of the principal building shall not apply, and up to ten percent (10%) of the area of the lot may be covered by the combined area of all accessory buildings; provided further, however, no such variance shall be granted except upon submittal of specific plans and specifications, including landscaping and driveway location, for the particular lot in question, for approval thereof by the corporate authorities. For any accessory building receiving an exception to the seventy five percent (75%) of the square footage of the first floor of the principal building limit, the total combined square footage of all accessory buildings shall not exceed 2,000 square feet, except on an agriculture permitted use lot of five (5) acres or greater, and any detached garage accessory building shall require an additional two (2) feet of setback for every 100 square feet over 1,000 square feet from any side yard which adjoins a street. No attached garage shall exceed thirty three percent (33%) of the square footage of the principal building. Any deviation from said plans, specifications, landscaping or driveway location as approved by the corporate authorities shall void any variance granted from said six thousand five hundred (6,500) square foot requirement. Refer to section 8-5-7: MAXIMUM BUILDING AND IMPERVIOUS SURFACE COVERAGE for additional provisions on total lot coverage area limits. 5. Open Space: The minimum area of permanent open space within a cluster open space subdivision shall not be less than sixty percent (60%) of the gross site area of the subdivision.
6. Buildable Area On A Lot: The minimum buildable area on a lot measured within the setback lines of the lot shall not be less than four thousand six hundred seventy five (4,675) square feet and not less than fifty five feet (55') in any dimension. All structures on a lot shall be within the buildable area and no accessory structures, patios, decks, etc., are permitted outside the buildable area.
7. Minimum Lot Area: The minimum area of a lot shall not be less than ten thousand six hundred fifty (10,650) square feet.
8. Minimum Lot Frontage: The minimum width of a lot shall be eighty five feet (85') measured at the minimum front setback line.
9. Setbacks: The following minimum setbacks shall define the buildable area of any lot:
a. Front or side abutting any cul-de-sac street: Thirty feet (30') from edge of pavement.
b. Front or side abutting any through street: Thirty feet (30') from property line.
c. Side: Fifteen feet (15').
d. Rear: Thirty feet (30').
10. Separation (Buffer) Standards:
a. Separation between the rear to rear, or the side to rear buildable areas on adjoining lots shall not be less than seventy five feet (75'). This separation may include land which is permanent open space.
b. Landscape buffer yard separation between any lot line and any golf course property line shall be permanent open space not less than forty five feet (45') in width. Such buffer areas shall be densely landscaped to provide privacy between the residents of the subdivision and players on any adjoining golf course.
11. Driveways: Driveways shall not be closer than five feet (5') from any side lot line.
12. Minimum Subdivision Size: The minimum area of any cluster open space subdivision shall be fifty (50) acres.
13. Plans: A sketch plan or preliminary site plan and supporting documents shall be submitted and approved and incorporated as a condition of the special use permit.
14. Phasing: The entire cluster open space subdivision shall only be subdivided and developed as one phase of one unit of subdivision. Phased or staged subdivisions shall not be permitted.
15. Utilities: A cluster open space subdivision shall be serviced by sanitary and storm sewer, curb and gutter, and public potable water.
16. Site Planning Standards: All lots within a cluster open space subdivision shall front on cul-de-sac streets and a maximum of ten (10) lots only shall be permitted per cul-de- sac.
17. Other Conditions: Such other and further conditions or requirements as the village authorities may set forth when permitting the development of a particular cluster open space subdivision shall be incorporated as a condition of the special use permit.
C. Transitional cluster subdivision developments, which shall be restricted to vacant property which provides for a transition between existing conventionally subdivided SR-1 property and existing subdivided or developed nonresidential property, and with individual residential lot requirements reduced in lot area; provided, that the development shall meet the following standards:
1. Density: The maximum number of houses permitted shall not exceed one dwelling per acre (43,560 square feet) of gross site area. The gross site area shall not include any perimeter street rights of way or any floodplain land.
2. Unit Types: Only detached single-family dwelling units shall be permitted.
3. Unit Sizes: The minimum size house shall be two thousand three hundred (2,300) square feet of habitable floor area.
4.
Accessory Uses: Not more than twenty percent (20%) of the area of a lot may be covered by principal buildings and accessory buildings nor may more than six thousand five hundred (6,500) square feet of living space be constructed on any lot; provided, however, upon determination by the corporate authorities of the village that a particular lot is of sufficient size, configuration and location to allow living space in excess of six thousand five hundred (6,500) square feet, the corporate authorities may vary and increase said six thousand five hundred (6,500) square foot standard, provided that the total combined square footage of all accessory buildings shall not exceed seventy five percent (75%) of the square footage of the principal building, including the area within an attached garage, except in cases where the lot coverage of the principal building and all accessory buildings and uses is less than fifteen percent (15%), in which case the seventy five percent (75%) limitation on the combined area of accessory buildings as a percentage of the square footage of the principal building shall not apply, and up to ten percent (10%) of the area of the lot may be covered by the combined area of all accessory buildings; provided further, however, no such variance shall be granted except upon submittal of specific plans and specifications, including landscaping and driveway location, for the particular lot in question, for approval thereof by the corporate authorities. For any accessory building receiving an exception to the seventy five percent (75%) of the square footage of the first floor of the principal building limit, the total combined square footage of all accessory buildings shall not exceed 2,000 square feet, except on an agriculture permitted use lot of five (5) acres or greater, and any detached garage accessory building shall require an additional two (2) feet of setback for every 100 square feet over 1,000 square feet from any side yard which adjoins a street. No attached garage shall exceed thirty three percent (33%) of the square footage of the principal building. Any deviation from said plans, specifications, landscaping or driveway location as approved by the corporate authorities shall void any variance granted from said six thousand five hundred (6,500) square foot requirement. Refer to section 8-5-7: MAXIMUM BUILDING AND IMPERVIOUS SURFACE COVERAGE for additional provisions on total lot coverage area limits. 5. Open Space: The minimum area of "permanent open space" within a cluster open space subdivision shall not be less than forty percent (40%) of the gross site area of the subdivision.
6. Buildable Area On A Lot:
a. The minimum buildable area on a lot measured within the setback lines of the lot shall not be less than six thousand (6,000) square feet. No lot shall have a building area boundary dimension of less than fifty feet (50') and the combined dimension of any two (2) contiguous rectangular building area boundaries shall be not less than one hundred thirty feet (130'). All structures on a lot shall be within the buildable area and no accessory structures, patios, decks, etc., are permitted outside the buildable area. (Ord. 95-01, 2-1-1995)
b. On lakefront lots, decks or piers are permitted within the rear yard setback area between the side yard setback lines extended only if located on an easement provided for that purpose and which easement shall not be more than twenty feet (20') beyond the rear setback line or ten feet (10') beyond the high water line of the lake, whichever is greater. All decks and piers shall conform to state and village standards.
7. Minimum Lot Area: The minimum area of a lot shall not be less than fourteen thousand six hundred (14,600) square feet.
8. Minimum Lot Frontage: The minimum width of a lot shall be one hundred feet (100') measured at the minimum front setback line.
9. Setbacks: The following minimum setbacks shall define the buildable area of any lot:
a. Front or side abutting any cul-de-sac street: Thirty feet (30') from edge of pavement; (Ord. 93-30, 11-3-1993)
b. Front or side abutting any through street: Thirty feet (30') from property line or sixty feet (60') from the centerline of the street, whichever is greater; (Ord. 95-01, 2-1-1995)
c. Side: Fifteen feet (15');
d. Rear: Thirty feet (30'). (Ord. 93-30, 11-3-1993)
10. Landscaped Buffer Easement: A permanent thirty foot (30') wide landscaped buffer easement area shall be established along all property lines which are contiguous with any lot line of any adjoining residential subdivision, highway or railroad. Such easements shall be considered permanent open space and shall be maintained by the developer or a homeowners' association. Such buffer areas shall be densely landscaped to provide privacy for the subdivision and of the adjoining subdivision. (Ord. 95-01, 2-1-1995)
11. Driveways: Driveways shall not be closer than five feet (5') from any side lot line or landscaped buffer easement.
12. Minimum Subdivision Size: The minimum area of any transitional cluster subdivision shall be twenty five (25) acres.
13. Plans: A sketch plan or preliminary site plan and supporting documents shall be submitted and approved and incorporated as a condition of the special use permit.
14. Phasing: The preliminary plat and preliminary engineering plans for a transitional cluster subdivision shall only be accepted for review and approval for the entire subdivision. The staged recording of final plat phases shall only be permitted for those parts of the subdivision with no interconnecting or interdependent roadway, pedestrian circulation, drainage or utility improvements.
15. Utilities: A cluster open space subdivision shall be serviced by public potable water if available, sanitary and storm sewer, and curb and gutter. (Ord. 93-30, 11-3-1993)
16. Site Planning Standards: All open space areas within the subdivision within a transitional cluster subdivision shall be accessible from either a public pedestrian trail or a public street or right of way. The public pedestrian trail system shall provide access to adjoining residential subdivisions. Sidewalks on an internal local public street right of way may be part of the pedestrian trail system. (Ord. 95-01, 2-1-1995)
17. Other Conditions: Such other and further conditions or requirements as the village authorities may set forth when permitting the development of a particular cluster open space subdivision shall be incorporated as a condition of the special use permit. (Ord. 93-30, 11-3-1993)
18. Density Bonus: Notwithstanding the provisions of the foregoing subsections, the maximum number of residential lots permitted may be increased by the board of trustees under the following conditions and pursuant to the findings set forth:
a. When the proposed development involves a change in zoning classification from a nonresidential use, it must contain the following bonus features:
(1) A sixty percent (60%) reduction in the requirements for sanitary sewer and potable water services from that required to serve the nonresidential use of the property.
(2) A ninety percent (90%) reduction in projected average daily trips (ADT) of site generated traffic from that projected for the nonresidential use of the property.
b. All proposed developments must contain all of the following bonus features:
(1) Designation of not less than forty percent (40%) of the gross project area as permanent open space by conveyance or easement as the village may require.
(2) Enhanced improvements which are in addition to the requirements of the village but which are the maintenance responsibility of the developer or a homeowners' association with adequate enforcement provisions, such as:
(C) Extensive landscaping and/or berming to screen the development from adjoining subdivision, highways and railroads.
(3) Enhanced potential assessed valuation for school and general tax purposes by assuring that residence construction will be of high quality and that habitable floor area shall be a minimum of two thousand three hundred (2,300) square feet per dwelling unit.
(4) Parkway landscaping which shall meet the following standards:
(A) Plans and specifications for required street/parkway landscaping shall be submitted as part of the final engineering plans for the subdivision.
(B) The street frontage of the lots shall be planted with native trees and shrubbery. The plant material shall not be planted in a row along the street, but clustered and randomly spaced on the thirty feet (30') of street frontage setback area.
(C) The minimum number of trees shall be one 21/2-inch tree per fifty feet (50') of street frontage on each side, and four (4) 4-foot shrubs per fifty feet (50') of street frontage on each side.
(D) With appropriate guarantees by the developer, the actual planting of the trees and shrubbery may be deferred until the time a building permit is issued.
c. The corporate authorities of the village must determine that the benefits of the proposed development containing the reduction in sanitary sewer and potable water services, reduction in projected average daily traffic, open space, enhanced improvements, and enhanced assessed valuation, merit consideration of a bonus density for the development.
d. The corporate authorities shall determine the number of additional single-family dwellings that shall be granted in consideration of the benefits proposed, provided that the maximum number of single-family dwellings permitted shall not exceed one hundred fifteen percent (115%) of the number otherwise permitted in subsection C1 of this section. (Ord. 95-01, 2-1-1995)
D. Bonus cluster subdivision developments with individual residential lot requirements reduced in lot area; provided, that the development shall meet the following standards:
1. Density: The maximum number of single-family dwellings permitted shall not exceed one dwelling per acre (43,560 square feet) of gross site area, including perimeter street rights of way and regulatory wetlands, but excluding any floodplain land.
2. Density Bonus: Notwithstanding the provisions of subsection D1 of this section, the maximum number of dwellings permitted may be increased by the board of trustees under the following conditions and pursuant to the findings set forth:
a. The specific proposed development must contain all of the following bonus features:
(1) Facilities designed to alleviate existing flood control problems beyond the normal stormwater detention requirements of the village ordinances.
(2) Designation of not less than twenty five percent (25%) of the gross project area as permanent open space by conveyance or easement as the village may require.
(3) Enhanced improvements which are in addition to the requirements of the village but which are the maintenance responsibility of the developer or a homeowners' association with adequate enforcement provisions, such as:
(C) Extensive landscaping and/or berming to screen the development from adjoining subdivision and collector streets.
(D) Limited access to collector streets.
(E) Routing of public improvements to aid the village in extending utilities to adjacent areas.
(4) Enhanced potential assessed valuations for school and general tax purposes by assuring that residence construction will be of high quality and that habitable floor areas shall exceed two thousand eight hundred fifty (2,850) square feet.
b. The corporate authorities of the village must determine that the benefits of the proposed development containing the stormwater control facilities, open space, enhanced improvements, and enhanced assessed valuations, merit consideration of a bonus density for the development.
c. The corporate authorities shall determine the number of additional single-family dwellings that shall be granted in consideration of the benefits proposed; provided, that the maximum number of single-family dwellings permitted shall not exceed one hundred fifteen percent (115%) of the number otherwise permitted in subsection D1 of this section relating to bonus cluster subdivisions.
3. Additional Criteria: Every bonus cluster subdivision development shall meet all of the following criteria in addition to the bonus features which entitle the development to added units:
a. Unit Type: Only detached single-family units shall be permitted. (Ord. 94-07, 5-25-1994)
b.
Accessory Uses: Not more than twenty percent (20%) of the area of a lot may be covered by principal buildings, and accessory buildings nor may more than six thousand five hundred (6,500) square feet of living space be constructed on any lot; provided, however, upon determination by the corporate authorities of the village that a particular lot is of sufficient size, configuration and location to allow living space in excess of six thousand five hundred (6,500) square feet, the corporate authorities may vary and increase said six thousand five hundred (6,500) square foot standard, provided that the total combined square footage of all accessory buildings shall not exceed seventy five percent (75%) of the square footage of the principal building, including the area within an attached garage, except in cases where the lot coverage of the principal building and all accessory buildings and uses is less than fifteen percent (15%), in which case the seventy five percent (75%) limitation on the combined area of accessory buildings as a percentage of the square footage of the principal building shall not apply, and up to ten percent (10%) of the area of the lot may be covered by the combined area of all accessory buildings; provided further, however, no such variance shall be granted except upon submittal of specific plans and specifications, including landscaping and driveway location, for the particular lot in question, for approval thereof by the corporate authorities. For any accessory building receiving an exception to the seventy five percent (75%) of the square footage of the first floor of the principal building limit, the total combined square footage of all accessory buildings shall not exceed 2,000 square feet, except on an agriculture permitted use lot of five (5) acres or greater, and any detached garage accessory building shall require an additional two (2) feet of setback for every 100 square feet over 1,000 square feet from any side yard which adjoins a street. No attached garage shall exceed thirty three percent (33%) of the square footage of the principal building. Any deviation from said plans, specifications, landscaping or driveway location as approved by the corporate authorities shall void any variance granted from said six thousand five hundred (6,500) square foot requirement. Refer to section 8-5-7: MAXIMUM BUILDING AND IMPERVIOUS SURFACE COVERAGE for additional provisions on total lot coverage area limits. c. Open Space: Permanent open space shall consist of granted open space, detention easements and landscape buffer easements, all of which shall be maintained by the developer or a homeowners' association, unless otherwise determined by the village.
d. Buildable Area On A Lot: The minimum buildable area on a lot measured within the setback lines of the lot shall not be less than six thousand (6,000) square feet and not less than seventy feet (70') in any dimension. All structures on a lot shall be within the buildable area and no accessory structures, patios, decks, etc., are permitted outside the buildable area.
e. Unit Sizes: The minimum size single-family dwelling shall be two thousand eight hundred fifty (2,850) square feet of habitable area or such larger area as may be agreed upon by the developer in seeking a density bonus.
f. Minimum Lot Area And Frontage: Notwithstanding the bonus density granted, the minimum area of a lot shall not be less than twenty one thousand four hundred (21,400) square feet and the minimum width of a lot shall be one hundred feet (100') measured at the minimum front yard setback line.
g. Setbacks: The following minimum setbacks shall define the buildable area of any lot:
(1) Front or side abutting any internal local street: Thirty feet (30') from property line.
(2) Front, side or rear abutting any collector or arterial street: Forty feet (40') from property line.
(3) Side: Fifteen feet (15') from property line or from stormwater detention easement line.
(4) Rear: Thirty feet (30') from property line or from stormwater detention easement.
h. Landscaped Buffer Easement:
(1) A permanent thirty foot (30') wide landscaped buffer easement area shall be established along all property lines which are contiguous with any lot line of any adjoining residential subdivision, and shall be densely landscaped or screened to provide privacy for the benefit of the residents of the adjoining subdivision.
(2) A permanent forty foot (40') wide landscaped berm and buffer easement shall be established along all property lines which abut any collector or arterial roadway.
(3) All such buffer easements shall be established as open space and maintained by the developer or a homeowners' association.
i. Driveways: Driveways shall not be permitted closer than five feet (5') from any side property line or easement line.
j. Minimum Subdivision Size: The minimum gross area of any bonus cluster subdivision shall be thirty five (35) acres.
k. Plans: A sketch plan or preliminary site plan and supporting documents shall be submitted and approved and incorporated as a condition of the special use permit.
l. Phasing: The preliminary plat, engineering plans, and final plat shall only be accepted for review and approval for the entire subdivision. No phasing shall be allowed.
m. Utilities: A bonus cluster subdivision shall be serviced by public potable water supply, sanitary sewage system, and storm sewer system with curb and gutter street drainage in addition to any enhancements provided to obtain density bonus.
n. Trail Systems: All lots shall have pedestrian access to common open space areas within the subdivision, and shall have access to a pedestrian trail system which connects to all adjoining residential subdivisions. Sidewalks on a public street right of way along one side of an internal local street may be part of such pedestrian trail system.
o. Parkway Landscaping Standards: Bonus cluster subdivisions shall meet the following standards:
(1) Plans and specifications for required street/parkway landscaping shall be submitted as part of the final engineering plans for the subdivision.
(2) The street frontage of the lots shall be planted with native trees and shrubbery. The plant material shall not be planted in a row along the street, but clustered and randomly spaced on the thirty foot (30') street frontage setback area.
(3) The minimum number of trees shall be one 21/2-inch caliper tree per fifty feet (50') of street frontage and four (4) 4-foot shrubs per fifty feet (50') of street frontage.
(4) With appropriate guarantees by the developer, the actual planting of the trees and shrubbery may be deferred until the time a building permit is issued.
p. Other Conditions: Such other and further conditions or requirements as the village authorities may set forth when permitting the development of a specific bonus cluster subdivision as may be appropriate to assure that the subdivision meets the intent and purpose of this special use. (Ord. 94-07, 5-25-1994)
E. Infill cluster subdivision development with individual residential lot requirements reduced in lot area, provided that the development shall meet the following standards:
1. Density: The maximum number of single-family dwellings permitted shall not exceed one dwelling per acre (43,560 square feet) of gross site area.
2. Unit Types: Only detached single-family dwelling units shall be permitted.
3. Unit Sizes: The minimum size house shall be two thousand six hundred (2,600) square feet of habitable floor area.
4.
Lot Coverage For Principal And Accessory Buildings: Refer to section 8-5-2, table 1 of this chapter and to section 8-5-7: MAXIMUM BUILDING AND IMPERVIOUS SURFACE COVERAGE for additional provisions on total lot coverage area limits. 5. Open Space: The minimum area of "permanent open space" within the infill cluster subdivision, including stormwater detention basin shall not be less than ten percent (10%) of the gross site area.
6. Buildable Area On A Lot:
a. The minimum buildable area on a lot measured within the setback lines of the lot and as designated on the plat of subdivision shall not be less than six thousand (6,000) square feet. No lot shall have a building area boundary dimension of less than fifty feet (50') and the combined dimension of any two (2) contiguous building area boundaries shall not be less than one hundred thirty feet (130'). All structures on a lot shall be within the buildable area and no accessory structures, patios, decks, etc., are permitted outside the buildable area.
b. On lots adjacent to stormwater detention facilities decks are permitted within the rear yard setback area between the side yard setback lines extended only if located on an easement provided for that purpose and which easement shall not be more than twenty feet (20') beyond the rear yard setback line or ten feet (10') beyond the high water line of the detention basin or detention discharge channel, whichever is greater. All decks shall conform to state and village standards.
7. Minimum Lot Area: The minimum area of a lot shall not be less than thirty six thousand (36,000) square feet.
8. Minimum Lot Frontage: The minimum lot frontage shall be one hundred thirty feet (130') on a curvilinear street frontage and sixty five feet (65') on a cul-de-sac street frontage.
9. Setbacks: The following minimum setbacks shall define the buildable area of any lot:
a. Front or side abutting any street: Thirty feet (30') from the edge of the lot line abutting the street.
b. Side: Fifteen feet (15').
c. Rear: Thirty feet (30'), if not abutting an adjacent residential subdivision.
d. Rear: Sixty feet (60') if abutting an adjacent residential subdivision.
10. Landscape Buffer Easement: A permanent twenty foot (20') wide landscaped buffer easement area shall be established along all property lines which are contiguous with any adjoining a highway. Such easements shall be considered permanent open space and shall be maintained by the developer or homeowners abutting the easement. Such buffer area shall include landscaping to provide a visual buffer between the abutting properties and the highway, except for along residential properties where the home that is on that residential property was constructed before the development of the infill cluster subdivision and where the home will continue to remain as part of the special use infill cluster subdivision. At a minimum, the landscaping along this area shall include a mix of deciduous canopy and ornamental trees, and evergreen trees as well as staggered rows of deciduous and evergreen shrubs that are initially planted at a minimum height of thirty six inches (36"), and a specific landscape plan shall be submitted at the time of the application for the special use for review and recommendations by the plan commission for approval by the village board.
11. Driveways: Driveways shall not be closer than ten feet (10') from any side lot line or landscaped buffer easement.
12. Minimum And Maximum Subdivision Size: The minimum area of any infill cluster subdivision shall be seven (7) acres, and the maximum area of any infill cluster subdivision shall be fifteen (15) acres.
13. Plans: A sketch plan or preliminary site plan and supporting documents shall be submitted and approved and incorporated as a condition of the special use permit.
14. Phasing: The preliminary plat and preliminary engineering plans for an infill cluster subdivision shall only be accepted for review and approval for the entire subdivision. Staged recording of the final plat shall not be permitted.
15. Utilities: An infill cluster subdivision shall be serviced by public potable water, sanitary sewer and storm sewer and curb and gutter.
16. Site Planning Standards: All open space areas within the subdivision shall be accessible from either a public pedestrian trail or a public street right of way except the street parkway shall provide access to adjoining residential subdivision.
17. Tree Preservation: All trees over eight inches (8") in diameter measured at breast height on the residential lots after completion of the subdivision mass grading, roadway, and utility improvements are designated as protected trees and will be designated on the subdivision plat. Removal of any protected tree shall be permitted by the village authorities and replaced with trees totaling a minimum of one-half (1/2) the total diameter of the tree or trees being removed within the residential lot. A landscaping plan must be submitted and approved prior to removal of any tree or trees on a residential lot including trees that are damaged or diseased.
18. Other Conditions: Such other and further conditions or requirements as the village authorities may set forth when permitting the development of a particular infill cluster subdivision shall be incorporated as a condition of the special use permit.
19. Parkway Landscaping Standards: Infill cluster subdivisions shall meet the following standards:
a. Plans and specifications for required street/parkway/cul-de-sac landscaping shall be submitted as part of the final engineering plans for the subdivision.
b. The street frontage of lots shall be planted with native trees and shrubbery. Plant material shall not be planted in a row along the street, but clustered and randomly spaced on the thirty foot (30') street frontage setback area.
c. The minimum number of trees shall be one 21/2-inch caliper tree per fifty feet (50') on average of street frontage and four (4) shrubs per fifty feet (50') on average of street frontage except at preexisting residential buildings.
d. With appropriate guarantees by the developer, the actual planting of trees and shrubbery may be deferred until final landscaping is completed for each individual lot.
(Ord. 91-10, 12-18-1991; amd. Ord. 93-01, 1-27-1993; Ord. 93-30, 11-3-1993; Ord. 94-07, 5-25-1994; Ord. 2007-O-15, 10-24-2007; Ord. 2015-O-08, 5-27-2015; Ord. 2023-O-12, 7-26-2023)