Planned development regulations allow for development of innovative and environmentally sensitive design by allowing a degree of flexibility in the strict application of the zoning district regulations. A planned development is a conditional use, which may be granted by the village board should it determine that the planned development is in the best interest of the village, is substantially consistent with the comprehensive plan, and would not otherwise be permitted pursuant to these zoning regulations. A planned development may depart from strict conformance with the required density, dimension, area, bulk use and other regulations for the applicable zoning districts and other provisions of these zoning regulations.

The plan commission and village board may require any condition or design consideration that will promote proper development or benefit the community. In exchange for the flexibility permitted under this chapter, the planned development should provide amenities not otherwise required by this chapter and establish facilities and open space greater than the minimum required by the ordinances of the village. It is not intended that the village board automatically grant the maximum use exceptions or density premiums in the case of each planned development. The plan commission shall recommend and the village board shall grant only such premiums or latitudes that are consistent with sound land use planning, village growth policy, accrue benefits to the village, and which are consistent with the character of the village.

As a condition of approval, each planned development shall be compatible with the character and objectives of the underlying zoning district or districts within which it is located, and each planned development shall be consistent with the official planning policies of the village. As specified in these zoning regulations, planned developments shall be conditional uses. (Ord. 2016-11-02, 11-9-2016)

The primary purpose of a planned development (PD) is to stimulate the development of balanced neighborhoods containing physical, economic, and social assets difficult to achieve through traditional zoning districts and use regulations. This may be accomplished by the village granting the applicant certain exceptions or variations from the provisions of the village's zoning regulations through a planned development in order to protect natural resources, to protect and improve the social and economic environment; and/or to protect and/or encourage investment in both the village and in the development.

The intent of a planned development is to:

   A.   Afford greater choice in the types of development available to the public by allowing a development that would not be possible under the strict application of the other requirements of these zoning regulations.

   B.   Allow for a more creative approach to the use of land and related physical facilities that results in better development, design, and the construction of amenities and protection of environmentally sensitive areas.

   C.   Promote the preservation of, and where appropriate, public access to open space and provide more usable and suitably located recreation areas and facilities.

   D.   Encourage a pattern of development to preserve natural resources and vistas, topographic and geographic features, and architectural and historic landmarks.

   E.   Permit an efficient use of land resulting in more economic networks of utilities, streets, schools, public grounds, and buildings, and other facilities.

   F.   Encourage the use of land which promotes the public health, safety, and welfare.

   G.   Promote compatibility between competing or potentially incompatible uses.

   H.   Ease the transition from one zoning classification to another.

   I.   Address unique land use or site design issues associated with a proposed development request; and

   J.   Guide development in unique circumstances. (Ord. 2016-11-02, 11-9-2016)

An application for a conditional use permit to allow a planned development may be filed by the owner of, or by any person having a substantial contractual interest in, the subject property, or by a unit of local government, even when the unit of local government does not own or have a substantial contractual interest in the subject property, provided that the unit of local government is a petitioner or a copetitioner for the subject property. The village board may also designate areas within the village where development proposals shall be subject to review as planned developments. (Ord. 2016-11-02, 11-9-2016)

Any development or redevelopment of property requiring a building permit or site development permit shall require planned development approval, if such development or redevelopment is under single ownership and/or will be developed under unified control and has or is proposed to contain two (2) or more principal structures or two (2) or more principal uses, which structures and/or uses are or are proposed to be commercial and/or multi-family in nature (i.e., containing attached dwelling units). (Ord. 2016-11-02, 11-9-2016)

The following guidelines will be used by the plan commission and the village board to evaluate the suitability of proposed planned developments. These guidelines represent sound planning principles which should be incorporated into planned developments. However, it is not intended that each and every one of these guidelines be rigidly conformed to, as long as just cause for any departure from these guidelines is demonstrated to the village board.

   A.   The planned development shall be consistent with the intent and purpose of these zoning regulations.

   B.   The planned development shall be generally compatible with the character of the underlying zoning district and neighborhood in which it is located.

   C.   The planned development should be consistent with the village's official comprehensive plan.

   D.   The planned development should preserve the value of the surrounding residential area and must be compatible with surrounding land uses.

   E.   Significant physical, topographical, environmentally sensitive or historical features of the site of the planned development, which are of importance to the community, should be preserved.

   F.   The entire property proposed for planned development treatment shall be in single ownership or under such unified control, or the petition shall include a unit of local government as a petitioner or as a copetitioner, so as to ensure that the entire property will ultimately be developed as a unified whole. All owners of the subject property shall be included as joint applicants on all applications and all approvals shall bind all owners, except that notwithstanding any of the foregoing to the contrary, a unit of local government may petition for property which it does not own provided the unit of local government is the petitioner or a copetitioner. Parties entitled to apply for a conditional use permit shall be limited to the property owner, agent of the property owner, or the contract purchaser of subject property, acting with the consent of the property owner, or the village, or another unit of local government. The violation of any owner as to any lot shall be deemed a violation as to all owners and all lots. (Ord. 2016-11-02, 11-9-2016)

Exceptions (i.e., variations) from these zoning regulations granted pursuant to a conditional use for a planned development shall solely be for the purpose of promoting better development that will be beneficial to the village, to the residents of the planned development, and to the residents of surrounding properties. To achieve the intended benefits of the planned development, exceptions from the regulations of the underlying district may be authorized as follows:

   A.   Exceptions From Use Regulations, Bulk Intensity, Landscaping, Parking, Signage And Architectural Design Guidelines:

      1.   Proposed exceptions shall enhance the quality of the planned development and shall be compatible with the primary uses of the property.

      2.   Proposed exceptions shall not be of a nature, nor located so as to create a detrimental influence on the surrounding properties.

      3.   Planned developments may be used to adjust otherwise applicable lot width, lot area (setback) standards, provided that such adjustments do not have the effect of allowing more lots or dwelling units than would otherwise be permitted in accordance with the lot area, yard and bulk standards of section 10-3C-2, table 2 of this title. Applicants may be required to submit "before and after" plans demonstrating that proposed adjustments allowed under a planned development would not have the effect of allowing more lots or dwelling units than would otherwise be permitted in accordance with the lot area, yard and bulk standards of section 10-3C-2, table 2 of this title.

      4.   A planned development may also be used to impose more restrictive standards than would otherwise be applicable to the property under the base zoning designation. In such cases, a planned development may propose to:

         a.   Restrict the types of uses allowed by prohibiting uses that are otherwise allowed as permitted, conditional, or accessory uses in the base zoning district;

         b.   Decrease the number or density of dwelling units that may be constructed on the property;

         c.   Increase minimum lot size or minimum lot width requirements;

         d.   Decrease the allowed maximum height of buildings;

         e.   Increase minimum yard and setback requirements;

         f.   Decrease maximum building or impervious coverage standards;

         g.   Restrict access to abutting and nearby roadways and impose specific design features to ameliorate potentially adverse traffic impacts; or

         h.   Restrict any other specific site development regulation required or authorized by this zoning ordinance.

      5.   Along the periphery of such planned developments, yards shall be provided as required by the regulations of the underlying zoning district.

      6.   The village board may, as a part of the planned development approval, grant, impose, modify and/or waive any conditions and/or requirements listed in this section.

   B.   Exceptions From Standards In Other Village Ordinances: The village board may, as part of the planned development approval, grant exceptions from the standards and requirements of other village ordinances, including, but not limited to, the village's subdivision regulations, the building code, or the watershed development ordinance. (Ord. 2016-11-02, 11-9-2016)

A planned development may be granted as a conditional use permit in any zoning district in which it is permitted in accordance with the standards and procedures set forth in this chapter. Applications shall be made on forms provided by the village's zoning official and shall be accompanied by the required plans and documents set forth in this chapter, together with all required fees therefor as set forth in these zoning regulations. The steps in the procedure for consideration of a planned development are as follows:

Step 1: A preliminary planned development plan or preliminary plat shall be submitted to the village for consideration by the plan commission for the required public hearing thereon, after which the board of trustees will review such report or recommendation of the plan commission at a duly called board meeting.

Step 2: A final plan or final plat shall be submitted to the village for possible final approval by ordinance passed by the board of trustees.

   A.   Preliminary Plan Procedure:

      1.   Purpose: The preliminary plan or plat is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed planned development. The preliminary plan or plat is the basis on which the required public hearing is held, thus permitting public consideration of and comments on the proposal at the earliest possible stage. A preliminary plan or plat shall contain the following basic elements of the proposed development:

         a.   Categories of uses to be permitted.

         b.   General location of residential and nonresidential land uses.

         c.   Overall maximum density of residential uses and intensity of nonresidential uses.

         d.   The general architectural design and building materials of the proposed development must be in compliance with the applicable architectural design standards of the village.

         e.   General location and extent of public and private open space, including recreational amenities.

         f.   General location of vehicular and pedestrian circulation systems.

         g.   General location of existing natural areas, floodplains, wetlands and buffers, both on site and adjacent to the site.

         h.   General location and supporting information for stormwater conveyance and management facilities.

         i.   Nature, scope and extent of public dedications, improvements, or contributions to be provided by the applicant.

         j.   Phasing of development.

      2.   Application: Applications for approval of a preliminary plan or plat shall be filed on forms provided by the village's zoning official.

      3.   Preliminary Plan Or Plat Submissions: The applicant shall prepare and submit plans and other documents in conformance with this chapter and the application forms provided by the zoning official.

      4.   Public Hearing: A public hearing shall be set, noticed and conducted by the plan commission in accordance with the requirements of section 10-7-8 of this title.

      5.   Recommendation By Plan Commission:

         a.   Planned developments shall be subject to the applicable standards and review procedures for conditional use permits as outlined in this chapter. Accordingly, after the conclusion of the public hearing, the plan commission shall, with such aid and advice of village staff, review the preliminary plan or plat and transmit to the village board its findings and recommendation as to whether the preliminary plan or plat should be approved, approved subject to modifications, or not approved. In addition to the standards for conditional uses included in section 10-7-2 of this title, such review shall consider:

            (1)   In what respects the proposed plan or plat is, or is not, consistent with the stated purpose of the planned development regulations set forth in this chapter and the extent to which the proposed plan or plat meets the requirements and standards of the planned development regulations.

            (2)   The general extent to which the proposed plan or plat departs from these zoning regulations and/or from title 11, "Subdivision Regulations", of this code otherwise applicable to the subject property and the relation of any proposed exceptions to the public interest.

            (3)   The general extent to which the proposed plan or plat produces, or does not produce, a public benefit, in terms of the planned development meeting the planning objectives and standards of the village.

            (4)   The physical design of the proposed plan or plat and the manner in which its 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.

            (5)   The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and to the neighborhood, and the desirability of the proposed plan to the village's physical development, tax base and economic well being.

         b.   The plan commission shall hold the required public hearing on the application and provide to the board of trustees its written recommendation of approval, approval with modifications, or disapproval of the application for preliminary plan or plat approval within ninety (90) days from the date of submission to the village of the application or the submission by the applicant of the last item of required supporting data and/or required documents as determined and certified by the zoning official, whichever date is later, unless such time is extended with the agreement of the applicant. If disapproval of such preliminary plan or plat is recommended, then within said ninety (90) day period, the plan commission shall furnish to the applicant a written statement setting forth the reason(s) for such recommendation of disapproval and specifying with particularity the aspects in which the proposed plan or plat fails to comply with the applicable ordinances of the village.

         c.   If such a preliminary plan or plat is recommended by the plan commission for approval or disapproval, the board of trustees shall accept or reject said recommendation within thirty (30) days after the board of trustees' next regular scheduled meeting following the action of the plan commission or within such extended time to which the applicant may agree. Preliminary approval shall not qualify a plat for recording.

      6.   Action By Village Board Of Trustees:

         a.   Approval Or Denial: Within thirty (30) days after its next regular meeting following the date of recommendation by the plan commission, relative to a preliminary plan or plat, the village board shall consider the recommendations of the plan commission, and within said thirty (30) day period or within such extended time to which the applicant may agree, the village board shall, by ordinance, either: 1) approve the preliminary plan or plat, or approve the preliminary plan or plat with modifications and conditions which modifications and conditions shall be accepted in writing by the applicant as condition(s) of such approval, or 2) the village board shall reject such preliminary plan or plat and deny the application for preliminary plan or plat approval and provide to the applicant a written statement setting forth the reason(s) for such rejection and disapproval, or 3) with the written concurrence of the applicant, the village board shall refer the preliminary plan or plat back to the plan commission for further consideration of specified matters.

         b.   Conditions On Approval: Every such preliminary approval and the approval of a conditional use permit for a planned development shall be expressly conditioned upon approval of final plans by ordinance of the board of trustees and upon the applicant's compliance with all applicable provisions of these zoning regulations and all other applicable ordinances of the village.

         c.   Failure To Act: The failure of the village board to act within such thirty (30) day period, or within such extended time to which the applicant may agree, shall be deemed to be a decision of disapproval.

      7.   Changes In A Preliminary Plan: Changes to a preliminary plan or plat shall be classified as follows:

         a.   Major Changes: Major changes shall require submission and approval of a new preliminary plan or plat and all required or requested supporting data in accordance with the requirements of this chapter. Major changes are those which would:

            (1)   Alter the overall concept or intent; or

            (2)   Change the uses and/or their general location; or

            (3)   Change by more than twenty percent (20%) any housing type; or

            (4)   Decrease the separation between buildings; or

            (5)   Increase the density, building coverage, or building height; or

            (6)   Change the architectural design or building materials; or

            (7)   Reduce the open space; or

            (8)   Change the standards of locations of roads or utilities; or

            (9)   Reduce natural areas, wetlands, or buffers; or

            (10)   Change proposed drainage; and/or

            (11)   Amend the ordinance granting the conditional use permit for the planned development; or

            (12)   Change the development schedule by more than six (6) months.

         b.   Minor Changes: Minor changes to an approved preliminary plan or plat shall not require the submission of a new preliminary plan or plat, but shall require the identification of the minor changes on the final plan or plat documents for review by the plan commission and village board. Minor changes are those which are not major, as determined by the zoning official.

   B.   Final Plan Or Plat Procedure:

      1.   Purpose: The final plan or plat is intended to refine and implement the preliminary plan or plat and to serve as a complete, thorough and permanent public record of the planned development and the manner in which it is to be developed.

      2.   Application: Within one year after the date of approval of the preliminary plan or plat, or within such other time period as agreed to in an approved phasing plan, the applicant shall file an application for final plan or plat approval in accordance with the requirements of this section. The application may include the entire area included in the approved preliminary plan or plat or one or more phases or units thereof in accordance with the phasing plan, if any, approved as part of the preliminary plan or plat. The application shall refine, implement and be in substantial conformity with the approved preliminary plan or plat.

      3.   Final Plan Submissions: The applicant shall prepare and submit plans and other documents in conformance with this chapter for review by the plan commission.

      4.   Coordination With Subdivision Regulations: When a subdivision of land subject to the village subdivision regulations is proposed in connection with a planned development, application for approval of, and review of, the final plat of the proposed subdivision shall be carried out simultaneously with an application for approval and review of the final planned development plan.

      5.   Recommendation By Plan Commission: Within thirty (30) days after the zoning official has certified the completeness of an application for approval of a final plan, the plan commission shall hold a public hearing, and with such aid and advice of the village staff, review the plan and transmit to the village board its findings and recommendation whether the final plan be either approved, approved subject to modifications, or not approved. Such review shall consider:

         a.   Whether the final plan is in substantial conformity with the approved preliminary plan.

         b.   The merit, or lack of merit, of any departure of the final plan from substantial conformity with the approved preliminary plan.

         c.   Whether the final plan complies with any and all conditions imposed by approval of the preliminary plan.

         d.   Whether the final plan complies with the provisions of this chapter and these zoning regulations and other applicable ordinances and regulations of the village.

      6.   Action By Village Board Of Trustees: The village board of trustees shall approve or disapprove the final plan or plat within sixty (60) days from the date of submission thereof to the village by the applicant or by the developer of the last item of required and/or requested supporting documents and/or of information requested by the village board of trustees, whichever date is later, unless such time is extended with the agreement of the applicant. Such required and/or requested document(s) shall include a written recommendation from the plan commission relative to such proposed final plan. If such final plan or plat is disapproved, then within said sixty (60) day period, the village shall furnish to the applicant a written statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plan or plat fails to comply with the applicable ordinances of the village. Within said sixty (60) day period, the village board shall either: a) approve the final plan or plat, with or without modifications and conditions which modifications shall be accepted in writing by the applicant as condition(s) of such approval, or b) reject the final plan or plat and refer the final plan or plat back to the plan commission for further consideration of specified matters, or c) deny the final plan or plat, and in the event of such rejection, the village board shall furnish to the developer a written statement setting forth the reason(s) for such disapproval and specifying with particularity the aspects in which the proposed plan fails to comply with the applicable ordinances of the village.

         a.   Conditions On Final Plan Approval: The approval of any final plan may be granted by ordinance with or without modifications and conditions which modifications and/or conditions shall be accepted in writing by the applicant as condition(s) of such approval.

         b.   Failure To Act: The failure of the village board to timely act within sixty (60) days, as required by this section or such extended time to which the applicant may agree, shall be deemed to be a decision of disapproval.

      7.   Recording Of Final Plat Or Plan: When a final plat or plan is approved, the village shall cause the final plat or plan, or such portions thereof as are appropriate, to be recorded with the offices of the Lake County recorder of deeds.

All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed, or released without the express prior written consent of the village board and that they may be enforced by the village as well as by future landowners within the proposed development.

      8.   Changes In The Final Plat Or Plan: The development of a planned development shall be in conformance with the approved and recorded final plat or plan documents. The approved documents shall be binding on the applicants, and their successors, grantees and assignees and shall limit and control the use, improvement, and development of the planned development. Changes in the final plat or plan are subject to the following restrictions:

         a.   Major Changes: Major changes shall require submission of a revised preliminary plan and a revised final plan or plat for the proposed development in accordance with this chapter. Major changes are those which:

            (1)   Alter the overall concept or intent; or

            (2)   Change the uses and/or their general location; or

            (3)   Change by more than twenty percent (20%) any housing type; or

            (4)   Decrease the separation between buildings; or

            (5)   Increase the density, building coverage, or building height; or

            (6)   Change the architectural design or building materials; or

            (7)   Reduce the open space; or

            (8)   Change the standards of locations of roads or utilities; or

            (9)   Reduce natural areas, wetlands, or buffers; or

            (10)   Change proposed drainage; or

            (11)   Amend the ordinance granting the conditional use permit for the planned development; or

            (12)   Change the development schedule by more than six (6) months.

         b.   Minor Changes: A final plat or plan may be changed, subject to the village board's prior written approval without modifying the preliminary plan. Minor changes are those which are not major, as determined by the zoning official or by the village board.

         c.   Authorized Administrative Changes: Changes in the location of buildings, streets and parking lots of one foot (1') or less may be approved by the zoning official when such changes are requested pursuant to obtaining a building permit. However, such changes shall not decrease a peripheral yard or peripheral open space.

   C.   Revocation Of Conditional Use Permit: Construction of an approved planned development shall commence in accordance with the approved final plan, or in the case of phased developments, in accordance with the development schedule of an approved phasing plan. If construction falls one year behind the approved schedule, the village board may, unless an extension of time is granted by the village board, initiate an appropriate application to revoke the conditional use permit for all affected portions of the planned development. The developer of the planned development shall be notified prior to any proposed revocation of the respective conditional use permit and be given an opportunity to be heard by the village board prior to revocation of the respective conditional use permit. Notification mailed to the developer and/or applicant for the conditional use permit by registered mail or certified mail, return receipt requested, shall be considered adequate notice.

   D.   Amendments To Final Plat Or Plan Following Completion Of Development: After completion of a planned development, an approved final plat or plan may be amended, varied or altered in the same manner and subject to the same limitations, as provided for major changes in this section. The respective amended final plat or plan shall be recorded by the village with the Lake County recorder of deeds. (Ord. 2016-11-02, 11-9-2016)

All plans and supporting data for planned development applications shall include the documentation listed below. In developing plans and specifications for all required improvements, the applicant shall also conform to the standards set forth in the village's subdivision regulations and other applicable ordinances.

   A.   Preliminary Plan Stage: The submission requirements for a preliminary planned development plan shall include the following submittals, unless waived by the zoning official:

      1.   Plan Commission:

         a.   A written letter of intent from the applicant describing the applicant's intention for developing the site.

         b.   A topographic survey.

         c.   A location map.

         d.   General site information. Data regarding site conditions, land characteristics, general land use, zoning, available community facilities and utilities, existing covenants, and other related general information about land uses within one-fourth (1/4) mile of the proposed site perimeter.

         e.   Conceptual plan. A scaled drawing of the site, in simple sketch form, showing the proposed location and extent of the land uses, major streets, lots, and other features as they are related to the site.

         f.   Conceptual structures. Sketches depicting the general architecture and massing of buildings and structures on the site, and information depicting the architecture and massing of buildings and structures adjacent to the site.

         g.   Legal description. A plat of survey and legal description of the site proposed for development prepared by a land surveyor licensed by the state of Illinois.

         h.   Tentative plans for water supply, sewage disposal, surface drainage, open space, and other public facilities and improvements.

         j.   Fiscal impact study comparing the projected tax revenue generated by the project and the added costs for services as they will affect local government jurisdictions.

         j.   School impact study indicating the number of new students generated by the project. This information will be used in the fiscal impact study above to determine the project's impact on local school districts.

         k.   Traffic impact study indicating the daily and peak traffic generation by the project.

         l.   Market study to evaluate the economic feasibility of the proposed development, including market acceptance of the proposed development products, comparative alignment and market absorption. The market study shall be prepared by a qualified, independent market research firm.

         m.   A construction activities plan indicating how construction activity will be controlled by addressing contractor ingress/egress, construction parking, street cleaning and pest control.

         n.   Financial information including a copy of lender's commitment; MAI appraisals on the existing site and after development completion, certificate of no delinquent taxes; and financial pro forma.

         o.   Proposed covenants to govern the use and maintenance of the development and ensure the continued observance of the provisions of the planned development.

         p.   A narrative description of the planned development describing: the intent and desired effect of the development; the manner in which the development has been planned to take advantage of the flexibility of the planned development regulations; the superior benefits that would accrue to the residents/users of the development; all relief sought from the standard application of district requirements in conjunction with project.

         q.   Proof of ownership or control of the site.

         r.   A development schedule indicating:

            (1)   A description of the development phases including the public facilities to be constructed with each phase, the density and/or floor area of buildings, open space, and mix of uses in each phase.

            (2)   The approximate dates of the beginning and end of each phase.

            (3)   The area and general content of each stage shall be shown on a plat and supporting graphics.

         s.   Submission and approval of all applicable plans and materials required in the village's watershed development regulations and tree preservation regulations.

         t.   A description of the materials to be used in the construction of buildings and structures.

   B.   Final Plan Stage: The final plan or plat of the planned development shall be prepared by a land surveyor licensed by the state of Illinois and accurately drawn in ink on material capable of producing clear and legible contact prints or photostatic copies and shall show the following:

      1.   Identification And Description:

         a.   Name of developer.

         b.   Street names.

         c.   Location by section, township, and range by legal description.

         d.   Graphic scale and north arrow.

      2.   Planned Development Plan Or Plat: The developer shall provide to the village a final detailed planned development plan or plat of subdivision prepared by a land surveyor licensed by the state of Illinois, suitable for recording with the county recorder of deeds. The purpose of the planned development final plan or plat is to designate with particularity the land subdivided into conventional lots, as well as the division of other lands into common open and building areas and any dedicated areas and/or easements, and to designate and limit the number and use of structures and land areas within the planned development. The final planned development plat or plan and supporting data shall include the following:

         a.   Information For Final Plan: All information for a final plan or plat as required by title 11, "Subdivision Regulations", of this code.

         b.   Designations: Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses for which each building will be utilized, including construction details; centerline elevations; pavement type; curbs, gutters, culverts, any dedicated areas and/or easements within the planned development, etc.; and a street numbering designation shall be furnished for each building.

         c.   Documentation: Documents relative to the common area(s) and/or open space shall be provided including, at the election of the village, the following information:

            (1)   Preservation: Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided where appropriate to prevent the subsequent use of common area(s) and/or open space for any use, structure, improvement, or development other than that shown on the approved final plan or plat. The restrictions shall be permanent, and not for a given period of years, and shall run with the land.

            (2)   Ownership And Maintenance: The final plan or plat shall include such provisions for the ownership and maintenance of common area(s) and/or open space, including all improvements thereto, as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in good condition in accordance with predetermined standards and to ensure that remedial measures will be available to the village if such common area(s) and/or open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the village.

            (3)   Property Owners' Association Information: Where the ownership or maintenance of such common area(s) and/or open space or improvements to any part thereof is proposed to be by a property owners' association, such association shall meet each of the following standards:

               (A)   The bylaws and rules of the association and all declarations, covenants and restrictions to be recorded shall be approved in advance in writing by the village as part of the final plat or plan prior to becoming effective.

               (B)   The bylaws and rules of the association and all declarations, covenants, and restrictions shall be recorded with the county recorder of deeds and shall each provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this chapter and/or any other provision of this code.

               (C)   The association shall be incorporated and registered with the Illinois secretary of state by the applicant and/or developer prior to the village's approval of any final plan or plat for the planned development, and all covenants and restrictions relative to the planned development shall be in writing, approved by the village, and recorded prior to the sale of any property within the planned development.

               (D)   The association shall be responsible to obtain, carry, pay for, and maintain casualty and liability insurance, taxes, and the maintenance of the open space, common areas and/or elements, and improvements to be deeded to it.

               (E)   Membership in the association shall be mandatory for each property owner and any successive owner having a right to the use, enjoyment or benefit of such open space, common areas and/or elements, or improvements.

               (F)   Every property owner having a right to the use, enjoyment or benefit of such open space or improvements shall pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the state of Illinois.

               (G)   The association shall have the right to periodically adjust the assessment to be paid by each property owner to meet changed needs by a membership vote of not more than a majority of the members authorized to vote on the issue.

               (H)   The village shall be given the right, but not the obligation, to enforce the covenants of the respective planned development.

               (I)   The village shall be given the right, after ten (10) days' written notice to the association, to perform any maintenance or repair work that the association has a duty to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment and, for this purpose alone, all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

         d.   Final Landscape Plan: A final landscape plan shall be prepared in substantial conformance to the approved preliminary landscape plan. The form and content of the final landscape plan shall conform to the requirements of these zoning regulations. (Ord. 2016-11-02, 11-9-2016)

In the event of a conflict with the terms and conditions of this chapter and those of Illinois statutes, the Illinois statutes shall govern. (Ord. 2016-11-02, 11-9-2016)

   A.   All requirements of this title, in addition to the specific requirements of this section, shall be met by any commercial center.

   B.   All individual uses proposed for a commercial center must comply with section 10-3B-2, table 1 of this title. For example, warehouses would not be permitted within a commercial center located in the SB district.

   C.   All off street parking spaces and servicing drives shall be located within the boundaries of the property being developed as a commercial center.

   D.   Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty six feet (26') in width and shall be in addition to, and not part of, the drives or circulation system used by the vehicles of clientele.

   E.   The arrangement of truck loading and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked.

   F.   Each commercial center shall be provided with enclosed refuse enclosures of sufficient size and number to accommodate all trash and waste stored on the premises in a convenient manner.

   G.   There shall be no trash burner or incinerator, or any burning of trash or rubbish on the premises.

   H.   Outlots are permitted in a commercial center provided that: 1) internal and external vehicular and pedestrian circulation is not adversely affected; 2) parking and landscaping requirements are met individually for each outlot and for the commercial center as a whole; 3) a consistency of design is maintained between the commercial center and the outlots. (Ord. 2016-11-02, 11-9-2016)

All subdivisions shall be required to meet all applicable requirements of this title and of title 11, "Subdivision Regulations", of this code, in addition to the specific requirements of this section.

   A.   Lot Area: Any principal use together with all accessory uses shall be located on a lot having a minimum area as shown in section 10-3C-2, table 2, column 3 of this title.

The minimum lot area for apartment houses and attached dwellings shall be the sum of the lot area requirement for the first dwelling unit plus the lot area requirement for the second dwelling unit, plus the lot area requirement for each additional dwelling unit as shown in section 10-3C-2, table 2, column 3 of this title.

   B.   Lot Width: Each lot shall have a width at the building setback line as shown in section 10-3C-2, table 2, column 4 of this title.

The minimum lot width for apartment houses and attached dwellings shall be the sum of the lot width requirement for the first dwelling unit plus the lot width requirement for the second dwelling unit, plus the lot width requirement for each additional dwelling unit as shown in section 10-3C-2, table 2 of this title.

Lots in any zone shall have a minimum width at the building setback line on any street as shown in section 10-3C-2, table 2, column 4 of this title; except certain lots in the UR3 and UR3A zones shall be subject to the following special rules: Lots in the UR3 and UR3A zones, which are either at the terminus of a cul-de-sac or on a curvilinear street, may have a width at the building setback line less than the average width of the lot, but the width of such lots as measured at the building setback may be not less than fifty percent (50%) of the width specified in section 10-3C-2, table 2, column 4 of this title, and the width at the front lot line (i.e., the frontage) of such lots shall not be less than fifty percent (50%) of the width specified in section 10-3C-2, table 2, column 4 of this title.

   C.   Front Yard: Each lot shall have a front yard setback as shown in section 10-3C-2, table 2, column 5 of this title, provided, the front yard setback may vary somewhat in accord with the use of certain alternate garage types.

   D.   Rear Yard: Each lot shall have a rear yard not less than as shown in section 10-3C-2, table 2, column 6 of this title, except as otherwise provided under section 10-5-2, "Nonconforming Recorded Lots", of this title.

   E.   Side Yards: Each lot shall have two (2) side yards, the total of which is shown in section 10-3C-2, table 2, column 7 of this title. No side yard shall be less than the minimum side yard shown in section 10-3C-2, table 2, column 8 of this title, except as otherwise provided in the footnotes to section 10-3C-2, table 2 of this title and under section 10-5-2, "Nonconforming Recorded Lots", of this title.

   F.   Yards Abutting Residential Zoning: Any side or rear yard abutting a residential zone shall be not less than as shown in section 10-3C-2, table 2, column 10 of this title.

   G.   Garage Front Yards: Any front load garage front yard setback shall not be less than as shown in section 10-3C-2, table 2, footnote 11 of this title.

   H.   Average Lot Mix: UR3 single-family units are shown in section 10-3C-2, table 2 of this title with three (3) lot sizes. Subdivisions of ten (10) or more lots shall use all three (3) lot sizes in the minimum percentages indicated in section 10-3C-2, table 2, column 2 of this title. The differences in area are the result of changes in the minimum lot width; all lots would have the same depth. Subdivisions of nine (9) or fewer lots shall use the average or middle of the three (3) lot sizes. All block faces in the subdivision shall use all three (3) lot sizes so that the different lot sizes are distributed throughout the development.

   I.   Treatment Of Corner Lots Where Three Lot Sizes Are Specified: Corner lots have two (2) street yards and, thus, to maintain the building pad width and the same buildable area as an interior lot, the width of the corner lots shall maintain the same pad width as the lot size/width it is intended to be. This means a wider lot. The width of a corner lot shall be calculated as follows: Add the width from figure 2 of this section to the [street yard minus 0.50 the total side yard]. This ensures that the buildable width of a corner lot is identical to an interior lot of the same size.

 

 

   J.   Height Of Principal Building: No principal building or structure shall exceed the height restrictions as shown in section 10-3C-2, table 2, column 13 of this title, or the height restrictions in stories as shown in section 10-3C-2, table 2, column 14 of this title, except as specifically provided otherwise in the footnotes to section 10-3C-2, table 2 of this title.

   K.   Accessory Structures, Height: No accessory building or structure shall exceed the height in feet shown in section 10-3C-2, table 2, column 15 of this title, or the height in stories in section 10-3C-2, table 2, column 16 of this title.

   L.   Accessory Structures, Setbacks: An accessory structure which is not attached to nor part of a principal structure may be located within the required side or rear yard setback, but not the front yard setback, provided that it is located at least five feet (5') or greater from the lot line and, further provided that the structure shall not be located in any area burdened by a recorded easement such as, but not limited to, a utility easement. Additionally, any accessory use must be separated from its principal use by at least four feet (4').

   M.   Minimum Residential Floor Area: The minimum floor area required for single-family dwelling units in all residential zones is one thousand two hundred (1,200) square feet, except as otherwise required by this chapter. (Ord. 2016-11-02, 11-9-2016)