Special uses are those which require individual review by the plan commission and village board to insure conformance with the intent of all comprehensive plan elements. Special uses include two basic categories:

A.

Planned development projects: complex projects designed to take maximum advantage of unique site characteristics and potentials along with original design and use concepts and submitted for review under the planned development procedure;

B.

Special uses: single uses or single aspects of permitted uses specifically identified in the zoning title as requiring individual review under the special use procedure.

(Art. 6 (part) of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The planned development procedure is intended to provide a single uniform procedure for total review of a proposed development, both design and use. The procedure combines the design-review procedure of subdivision approval and the use-review procedure of zoning amendments, and enables the plan commission and village board to review all aspects of a proposed development simultaneously, to permit greater flexibility, and originality in concept according to the intent of comprehensive plan elements, and still to exercise greater final control over the approved development than is possible through preregulated zoning districts.

(§6.11 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

Standards for planned development projects are as follows:

A.

Design Standards. Because the design standards for use, dimensions, density, and qualitative attributes are subject to evolution through continuous plan review, they are not included as an integral part of the unchanging planned development procedure. This title refers to the officially adopted policies, detailed area plans, and all other elements of the evolving comprehensive plan for the standards to guide the approval of planned development projects. A planned development project may department from conformance with the dimension, area, and use regulations for the standard zoning districts and from conformance with the design standards in the subdivision regulations, Title 16. However, a planned development project shall conform with all applicable elements of the officially adopted comprehensive plan.

B.

Required Improvements. Planned development projects shall be subject to the regulations governing required improvements found in the subdivision regulations, Title 16.

C.

Traffic, Parking and Access. Planned development projects shall be subject to the regulations for traffic, parking, and access set out in Chapter 17.64.

D.

Special Conditions. The plan commission and village board may attach special conditions to approval of the final plats to insure conformance with the intent of all official plan elements.

(§6.12 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

Procedure for planned development projects is as follows:

A.

General. A planned development project may be permitted only by amendment to the zoning map according to the amendment procedure found in Chapter 17.92. For procedural purposes, a planned development project shall be treated as a subdivision, and the procedure for subdivision approval as set forth in the subdivision regulations, Title 16, shall be followed in its entirety whether the development shall be in single or divided ownership.

B.

Preliminary Plat. A preliminary plat of the planned development project shall be submitted as required by the subdivision regulations, Title 16. It is recommended that this submission be preceded by preapplication conferences as recommended by the subdivision regulations, Title 16, to determine whether the developer's intent agrees with the intent expressed by all comprehensive plan elements. Additional supporting material beyond that required by the subdivision regulations, Title 16, for the preliminary plat shall include:

1.

Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations;

2.

Statement of present and proposed ownership of all land within the project;

3.

Development schedule indicating:

a.

Stages in which project will be built, with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material;

b.

Approximate dates for beginning and completion of each stage;

c.

Agreements, provisions, or covenants which will govern the use, maintenance and continued protection of planned development and any of its common open space.

C.

Amendments. The amendment procedure established in Chapter 17.92 shall be initiated after conditional approval of the preliminary plat by the plan commission. Under this procedure the zoning map may be amended to designate the location proposed in the preliminary plat as a planned development. This amendment shall be in conformance with all comprehensive plan elements. The plan development shall be valid only for that preliminary plat and supporting material upon which the amendment was based. All supporting material shall remain on file with the preliminary plat.

D.

Final Plats. If the amendment is approved, final plats shall be prepared for each stage according to the development schedule. The final plat and supporting material shall show in detail the design and use of all buildings and overall land development plans as well as such other information as the plan commission may require for the complete consideration of the project, in addition to information required by the subdivision regulations, Title 16. The final plats shall conform to the preliminary plat and supporting material, except that the plan commission and village board may approve minor changes without public hearing at this time which do not change the concept or intent of the development. Major changes, which include changes in density, height of buildings, reduction of proposed open space, changes in the financing, development schedule, or final governing agreements, provisions, or covenants, or resubdivision, may be approved only by submission of a new preliminary plat or applicable supporting material followed by the amendment procedure.

E.

Continuing Control. The planned development project shall be developed only according to the approved and recorded final plat and all supporting material. The recorded final plat shall be binding on the applicants, their successors, and assigns, and shall limit and control the uses of premises and location of structures in the planned development project. Minor changes in the final plat during or after construction shall be accomplished by submission of a new final plat. Major changes during or after construction shall be accomplished by submission of a new preliminary plat followed by the amendment procedure. The village board shall consider the planned development amendment subject to revocation if construction falls more than one year behind schedule.

F.

Fees and Permits. The village board may establish a schedule of reasonable fees to be charged for plat review. Building permits shall be required for each structure according to Chapter 17.84. The enforcing officer shall base issuance upon conformance with the final plat and supporting material.

(§6.13 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

In applying for a special use building permit, the applicant shall follow all procedures set forth in Chapter 17.84 on building permits. The enforcing officer shall refer the application to the plan commission, and the plan commission shall hold a public hearing on the application. The plan commission shall recommend approval, modification, or disapproval of the application. In the case of approval or approval with modification, the village board shall issue written authorization to the enforcing officer to issue a building permit in full conformance with Chapter 17.84. This authorization shall remain on permanent file with the application. The village board may attach special conditions to insure conformance with the intent of all comprehensive plan elements. The village board may establish a schedule or reasonable fees to be charged for special use building permits.

(§6.21 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The special use shall, in all respects other than as set out in Section 17.72.050, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village board.

(§6.22 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

The following are designated as special uses which may be approved in all zoning districts:

A.

Public utility and service uses such as electric substations, gas regulator stations, telephone transmission structures, radio, TV, and microwave relay towers, water reservoirs, or pumping stations;

B.

Planned development, government building, and similar uses; and

C.

Those uses designated in Section 17.12.030.

(§6.23 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).

Other special uses may be approved in only those zoning districts where they are designated as special uses under the zoning district regulations.

(§6.24 of Ord. dated 10/24/77: (part) of Ord. dated 11/2/65).