Harristown City Zoning Code
ARTICLE V
Special Uses and Planned Unit Developments
§ 40-5-1 Purpose of special uses.
The development and execution of this chapter is based upon the premise of the division of land into zones so that within any one zone the uses of land, the bulk and location of buildings or structures, as related to the land, are essential, uniform, and compatible. This then, is the basis for insuring normal growth. It must be recognized, however, that there are special situations; because of the unique characteristics of some uses, they cannot properly be classified in any one zone as an allowable use, but can only be established under regulations. The granting of any special use permit may have to be conditioned upon the developer's meeting special requirements which the Village and Plan and Zoning Commission find necessary to the maintenance or the compatibility and the orderly growth of the area in which the special uses are proposed.
§ 40-5-2 Types of special uses.
(A)
There are essentially four types of special use permits provided for in this chapter.
(1)
Special uses enumerated by zones. Contained within the Schedule of Zone Regulations,[1] is a list of special uses which are normally associated with various zones. The Board of Trustees may grant a special use permit for any special use shown for the zone on the Schedule of Zone Regulations. The granting of all special uses must, however, follow the procedural regulations as provided in Article II, §§ 40-2-10 through 40-2-17, of this chapter.
[1]
Editor's Note: The Schedules of Zone Regulations are included as attachments to this chapter.
(2)
Additional special uses.
(a)
A second type of special use where a new or unusual use, not covered within the Schedule of Zone Regulations, may be granted after holding a hearing as prescribed in Article II, § 40-2-12, provided that:
1.
Because of the characteristics of the use, it is desirable that the use be located in this zone.
2.
That the use can be operated or developed in such a manner that it will not adversely affect surrounding land uses.
3.
The character is unique to the extent that it cannot be classified as a permitted use in any zone.
(b)
Such special uses shall only be permitted after the Commission submits to the Board of Trustees, in writing, a report explaining why the proposed use meets the above criteria and recommend under what conditions the special use shall be permitted.
(3)
Special parking lot permit. Where an established use or group of uses are enlarged or experience an increased demand for parking which exceeds that which could be provided on the same lot or lots on which such establishments are located, then the Village may permit, after a hearing, a special parking permit, which the Board of Trustees believes will not adversely affect surrounding land uses, but only as provided for herein:
(a)
The Village has received a request for such an off-street parking permit and contained with the request is a map or plat with information shown on that map or plat explaining how the following requirements will be met.
(b)
In all residential areas the minimum front yard setback as prescribed by that zone shall be maintained as stipulated on the special use permit, and no parking shall be allowed in this yard area.
(4)
Temporary uses. A temporary use permit may be granted for a specific length of time for restricted uses, such as landfills, gravel operations, forestry activities, and special events, such as centennials, fairs, carnivals and revival meetings, provided that the Board of Trustees finds:
[Amended 1-28-2013 by Ord. No. 13-01]
(a)
The use will not have a detrimental effect on surrounding land use.
(b)
That a plat is submitted with the permit showing the placement of temporary structures, parking utilities, and necessary sanitary facilities (as required by the Macon County Health Department), and provided that no construction is done other than that associated with the temporary use.
(c)
That, if the natural landscape, vegetation, terrain, soil cover, or drainage is disrupted, plans will be submitted to the Commission and the developer will be responsible for improvements necessary to restore the property to its original condition.
(d)
That the lot where the proposed temporary use is to apply must be owned by a homeowner who also owns an adjacent property to the lot in question.
(B)
The Board of Trustees reserves the right to repeal any special use permit where it finds the use being conducted in such a manner that it violates the general requirements of this chapter or the special requirements provided for in the issuance of the permit.
§ 40-5-3 Purpose of planned unit development.
The planned unit development procedure is a concept which encourages improved and imaginative design in the development of land by providing relief from rigid zone requirements which are designed for conventional development but which may cause undue hardship or complication for desirable but unconventional development while maintaining the original intent of this chapter. In addition to the general purpose of this chapter (Article I), the purpose of this article is to establish standards and procedures for planned unit development in order that the following objectives may be obtained:
(A)
Environmental design in the development of land that would be better than is possible through the strict application of ordinance requirements.
(B)
Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived as cohesive projects.
(C)
Provision for functional, aesthetic and beneficial use of open areas.
(D)
Preservation of natural features of the site.
(E)
Provision for a safe and desirable living environment for residential areas characterized by unified building and site development program.
(F)
Rational and economic development in relation to public services.
(G)
Creation of a variety of housing types, within compatible neighborhood arrangements, to provide a greater choice of types of environment and living units.
§ 40-5-4 Residential planned unit developments.
These regulations are established for residential development plans characterized by a unified building and site development program and providing adequate public open space for recreation and other community purposes.
(A)
Such developments and open spaces shall be integrated in the total design of the subdivisional lot layout and street system. Approval of the planned unit development zoning options shall only be granted, providing that:
(1)
The tract of land in question contains more than five acres.
(2)
The layout design, including consideration of safety, convenience, or overall environmental quality, be an improvement over what would normally be allowed by a strict application of the zone requirements of this chapter.
(3)
The plan makes provisions for, or promotes the aims of, the Village Comprehensive Land Use Plan. The plan will not adversely affect adjacent property or interfere with the development of adjacent properties, and to this end the Commission may require, in absence of an appropriate physical barrier, that compatible uses or a buffer of open space or screening be arranged along the border of the project.
(4)
The average overall land area per family contained in the site, exclusive of the area occupied by streets, will not be less than the land area per family required in the district in which the development is located, even though individual lots may be reduced below minimum lot area normally allowed in the zone.
(5)
Average overall land area per family, exclusive of streets, refers to the allowance of reduced lot sizes (below those normally required by this chapter) in exchange for an equal amount of public open space areas. Reduced sizes of multiple-family lots cannot be offset by increased sizes of single-family lots to arrive at the required overall land area per family, as this does not create public open space areas.
(6)
All portions of the tract carrying a residential classification will be used for single-family dwellings, two-family dwellings or multiple-family dwellings and the usual accessory uses, such as private open space, garages, storage space, and space and facilities for noncommercial community activities, including churches and schools.
(7)
All open space not contained as a portion of a designated development lot have provisions made for its maintenance in the form of owner's agreement or be dedicated to an appropriate public agency.
(8)
The plan is consistent with the intent and purposes of both this chapter and Chapter 34, Subdivision Code, and that all variances from the strict regulations thereof be shown on the face of plat.
(9)
The plan will not create any greater maintenance burden to the Village for streets, utilities, walk and other necessary facilities than would be created in conventional development.
(B)
Before authorization of any planned unit development, requests shall be referred to the Commission for study and a report concerning the effect of the proposed use on the character and development of the neighborhood and its consistency with the Village Comprehensive Land Use Plan shall be made to the Board of Trustees.
(C)
If the Board of Trustees approves the plans, building permits and other applicable permits may be issued even though the use of the land and the location and height of buildings, streets standards or other facilities to be constructed, individual lot areas, yards and setbacks, lot areas, and the yards and open space contemplated by the plan do not in all respects comply with the district regulations or subdivision requirements; provided, however, that the variance to these ordinances contained in the plan be shown on the subdivision plat.
§ 40-5-5 Commercial and industrial planned unit developments.
(A)
Because of the impact of large-scale commercial or industrial developments on the efficiency and safety of Village streets, water surfaces, sanitary waste disposal systems and pedestrian movements, as well as the impact of such developments on the orderly growth of the community, the Village shall require any large-scale commercial or industrial development (five acres or more in size) to follow the planned unit development procedures contained within this chapter. The zoning for an industrial or commercial planned unit development requires that the developer submit to the Board of Trustees adequate plans for the development of the proposed property and follows the procedures outlined in § 40-5-6.
(B)
Combined-use planned unit developments. Planned unit developments which include combinations of residential and/or commercial and/or industrial uses shall be permitted. Due to the possible effects upon the residents or users of such planned unit developments and due to the possible effects upon the entire municipality, combined-use planned unit developments must meet the strictest standards set for each use included.
§ 40-5-6 Procedures, review and approval.
(A)
Preapplication conference. Before submitting an application for a planned unit development, the applicant shall confer with the Commission, Macon County Health Department, Building and Zoning Department, Macon County Highway Department (and, if necessary, the Illinois Department of Transportation) and the Macon County Soil and Water Conservation District to obtain information and guidance before entering into binding commitments or incurring substantial expense.
[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
(B)
Application procedures.
(1)
Application required. Application shall be made on forms supplied by the Commission.
(3)
Application requires plan. An application must be accompanied by either an optional outline development plan or a preliminary development plan. In either case, the application and accompanying drawings shall be submitted to the Commission for analysis prior to public hearing.
(4)
Preliminary plan submittal. A preliminary development plan is required and must be submitted to the Commission with the application or within one year following approval of an outline development plan. If an outline development plan has been approved, the Commission may authorize the submission of a preliminary development plan in stages. The Commission shall analyze and hold a public hearing shall notify the Board of Trustees in writing of the submission.
(5)
Time constraints. If a preliminary development plan covering 20% of the area or not less than 10 acres, whichever is less, has not been submitted within one year following approval of the outline development plan, the Board of Trustees shall withdraw its approval and the outline development plan shall be null and void.
(C)
Outline development plan (optional). An applicant may, at his option, submit an outline development plan. An outline development plan must include a soils analysis, maps and written statements and must describe enough of the surrounding area to show the relationship of the planned unit development to adjoining uses both existing and proposed.
(1)
Soil analysis. The soils analysis must be prepared pursuant to a recommendation by the Macon County Soil and Water Conservation District and must include a statement of soils limitations for each major soil type involved.
(2)
Maps. Maps which are part of the outline development plan may be in general form, and shall contain the proposed land uses, and the natural features of the site, and the character and approximate density of dwellings, the approximate location of major thoroughfares and the water, sewage, and drainage systems proposed.
(3)
Written statements. The written statement must contain a detailed explanation of the size and character of the planned unit development, including a statement of the present ownership of all the land within the planned unit development, and the expected schedule of construction.
(D)
Approval of outline development plan.
(1)
Time parameters. The Commission shall review the outline development plan within 60 days after receipt of such plan, and shall conduct a public hearing as provided by this section and Article II, §§ 40-2-10 through 40-2-17, and upon payment of required fees by applicant. After the hearing, the Commission shall then approve, approve with modifications, or disapprove the outline development plan and recommend accordingly in written report to the Board of Trustees.
(2)
Approval or disapproval. The Board of Trustees shall then approve, approve with modification, or disapprove the outline development plan. Approval of an outline development plan shall not constitute a zoning change, but shall be an expression of approval in principle of the submissions as a guide to the preparation of preliminary and final development plans. If an outline development plan is approved with modifications, it shall be referred to the Commission for reevaluation with the applicant.
(3)
Issuance of permits. No building permits may be issued and no construction is permitted on land within the planned unit development until final plans for the development have been approved by the Board of Trustees under procedures provided in the following sections.
(E)
Preliminary development plan. If no outline development plan has been filed the preliminary development plan shall contain all items required in an outline development plan and shall also include, but not be limited to, all of the following:
(1)
Map. A map showing streets, lots, parcels, and sites for all uses included in the planned unit development, including areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and quasi-public uses of common use areas.
(2)
Location plan. A plot plan for each building site and common open area, showing the approximate location of all buildings, structures, and improvements and indicating the open space around building and structures.
(3)
Design presentation. Schematic design presentation indicating the architectural character of all proposed structures and improvements except single-family detached residences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in detail.
(4)
Development schedule. A development schedule indicating:
(a)
The approximate date when construction of the project can be expected to begin;
(b)
The stages in which the project will be built and the date when construction of each stage can be expected to begin;
(c)
The date when the development of each of the stages will be completed; and
(d)
The area and location of a common open space that will be provided at each stage.
(5)
Special agreements. Proposed agreements, bylaws, provisions, or covenants which govern the use, maintenance, and continued protection of the planned unit development and any of its common open areas of other facilities.
(6)
Special problems. If the Commission finds that the planned unit development creates special problems, the following information may be required:
(a)
A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the development to and from existing thoroughfares.
(b)
A landscaping and comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area.
(c)
A market analysis, feasibility report, and statement of proposed financing.
(F)
Approval of preliminary development plan.
(1)
Failure to submit. If no outline development plan has been submitted and approved, the preliminary development plan shall be considered for approval under the procedures for an outline development plan.
(2)
Review of plan. If an outline development plan has been submitted and approved, the Commission shall review within 60 days the preliminary development plan and shall recommend whether it is in substantial compliance with the outline development plan and if it complies with all other standards in this chapter for planned unit development which were not considered when the outline development plan was approved and shall give public notice of a hearing and shall give notice to any person who has indicated to the Secretary of the Commission in writing that he wishes to be notified.
(3)
Hearing required. The Commission shall then hold a hearing as provided for in an outline development plan and shall recommend to the Board of Trustees the approval or denial of the proposed planned unit development and shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest, including, but not limited to findings of fact on the following:
(a)
In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations.
(b)
The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.
(c)
The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.
(d)
The physical design of the proposed planned unit development and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment.
(e)
The compatibility of the proposed planned unit development with the adjacent properties and neighborhoods.
(f)
The desirability of the proposed planned unit development to physical development and economic well-being of the entire community.
(g)
The conformity with the recommendations of Village plans.
(4)
Modifications. The Board of Trustees shall then approve, approve with modifications, or disapprove the preliminary development plan; the Zoning and Hearing Officer shall, upon approval, show on the Official Zoning Map the planned unit development as conditionally approved and subject to final development plan approval. If it is approved with modifications, the Zoning and Hearing Officer shall not show it on the Official Zoning Map until the applicant has filed with the Board of Trustees written consent to the preliminary development plan as modified. No plats shall be recorded and no building permits issued until a final development plan has been approved by the Board of Trustees and certified by the Village Clerk.
(5)
Vote required. No use permit for a planned unit development shall be passed except by a majority vote of the members of the Board of Trustees present. In the following cases, no use permit shall be passed except by the favorable vote of three-fourths of all the members of the Board of Trustees.
(a)
Written protest. If a written protest against the proposed amendment is filed with the Village Clerk no later than 5:00 p.m. of the day when the Board of Trustees votes on said proposed amendment, signed and acknowledged by the owners of 20% or more of the frontage proposed to be altered; the frontage immediately adjoining or across on alley therefrom; or the frontage directly opposite the frontage proposed to be altered.
(6)
Denial. If the Plan and Zoning Commission recommends denial of the application and the Board of Trustees accepts the recommendation, or if the application has not been reviewed with a ninety-day period of submittal, the application will be considered denied.
[Amended at time of adoption of Code (see Ch. 1, Art. I, Div. I)]
(G)
Final development plan. Within one year following the approval of a preliminary development plan, the applicant shall file with the Commission a final development plan for the first stage containing in final form the information required in the preliminary development plan. The final development plan shall include, but not be limited to, the following:
(1)
Final land use plan. A final land use plan suitable for recording with the Recorder of Deeds. The purpose of the final development plan is to designate the land subdivided into lots, as well as the division of other lands not so treated, into open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.
(2)
Legal description. An accurate legal description of the entire area under immediate development within the planned unit development.
(3)
Subdivided lands. If subdivided lands are included in the planned unit development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.
(4)
Accurate legal description. An accurate legal description of each separate unsubdivided use area, including common open space.
(5)
Location of buildings. Designation of the location of all buildings to be constructed and a designation of the uses for which each building is designed.
(6)
Certificates. Certificates, seals and signatures required for the dedication of land and recording the document.
(7)
Unsubdivided use. Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre.
(8)
Landscaping plan.
(9)
Utilities. Utilities and drainage plans.
(10)
Final agreements. Final agreements, bylaws, provisions, or covenants which govern the use, maintenance, and continued protection of the planned unit development and any of its common open areas or other facilities.
(11)
Final schedule. Final development and construction schedule.
(H)
Approval of final development plan.
(1)
Approval time constraints. The Commission shall review within 60 days the final development plan and shall recommend approval if it is in substantial compliance with the preliminary development plan. The Commission shall certify to the Board of Trustees that the final development plan is in conformity with previously filed preliminary development plan.
(2)
Approval if in conformity. The Board of Trustees shall approve the final development plan if it is in conformity with the preliminary development plan and pass a resolution approving it.
(3)
Not in conformity. If the Commission finds that the final development plan does not substantially conform to the preliminary development plan it shall then give public notice of a hearing. The Commission shall give notice to any person who has indicated to the Secretary of the Commission in writing that he wishes to be notified. After the hearing, the Commission shall submit to the Board of Trustees its recommendations, together with the findings of fact indicating in what respect the final development plan and the justification, if any, for such deviations. The Board of Trustees shall then approve, approve with modifications or disapprove the final development plan, in accordance with the provisions of § 40-5-6(F).
(4)
Recording after approval. Upon approval of the final development plan by the Board of Trustees, the Village Clerk shall record a copy of the final development plan including the plat with the Recorder of Deeds; the Zoning and Hearing Officer shall issue a building permit for the construction of that part of the planned unit development that has been approved.
(I)
Failure to begin development. If no substantial construction has begun or no use established in the planned unit development within the time stated in the final development and construction schedule, the final development plan shall lapse upon written notice to the applicant from the Board of Trustees and shall be of no further effect. In its discretion and for good cause, the Board of Trustees may extend for a reasonable time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the Zoning and Hearing Officer shall remove the planned unit development use permit from the Official Zoning Map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the development was approved shall then be in effect.
(J)
Amending final plan. No changes may be made to the approved final development plan during the construction of the planned unit development except upon the application to the Commission under the following procedures:
(1)
Minor changes. Minor changes in the location, siting, and height of buildings and structures may be reviewed and authorized by the Commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the volume of any building or structure by more than 10%.
(2)
Major modifications. All other changes in time schedule and use, any rearrangement of lots, blocks, and building tracts, any changes in the provision of common open space and all other changes in the approved final development plan shall be made by the Board of Trustees upon recommendation of the Commission under the procedure authorized by this chapter for approval of the planned unit development use permit. No amendments may be made in the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved. A self-imposed hardship shall not be a valid reason for change.
(3)
Modifications as amendments. Any changes approved shall be recorded as amendments to the recorded copy of the final development plan, before they have any effect.