(A)   For the purpose of this chapter, the village and portions of the contiguous unincorporated territory within 1-1/2 mile of the nearest village limit as shown on the zoning map are divided into nine categories of zoning as follows:

      (1)   A: Agricultural District;

      (2)   SR-1: One-Family Residence District;

      (3)   SR-2: One-Family Residence District;

      (4)   MR-1: Two- and Three-Family Residence District;

      (5)   MR-2: Multi-Family Residence District;

      (6)   B-1: Community Business District;

      (7)   B-2: General Business District;

      (8)   PD-R: Planned Development - Residential;

      (9)   PD-B: Planned Development - Business.

   (B)   Whenever reference by letter designation is hereinafter made to any of the foregoing districts, such reference shall mean and include all of those districts whose symbols include such letter used in the reference (such as “R” Districts include the second through the fifth of the aforesaid districts of (A) above), unless otherwise indicated in the reference. Whenever reference by word designation is hereinafter made to any of the foregoing districts, such reference shall mean and include those districts whose names include such word used in the reference (such as “Residence” Districts means and includes the second through the fifth of the aforesaid districts of (A) above), unless otherwise indicated in the reference.

(`92 Code, § 40-2-1)

   The boundaries of the zones provided in § 156.020 are established as shown on the Village Zoning District Map. The zoning districts and boundaries are hereby adopted and established as shown on the District Map, which map together with all notations, references, data, district boundaries and other information thereon, are made a part of the zoning chapter by reference. The Zoning Map properly attested shall remain on file in the Office of the Zoning Official or other appropriate village official.

(`92 Code, § 40-2-2)

   (A)   Interpretation of provisions. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Whenever this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall govern.

   (B)   Interpretation of district boundaries.

      (1)   Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map.

      (2)   Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

      (3)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located at the railroad right-of-way line closest to the most restrictive zoning district line shown on the Zone District Map.

      (4)   Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be construed to be the center line of the stream, otherwise at the limit of the jurisdiction of the village unless otherwise indicated.

      (5)   Any area shown on the zoning map as park, playground, school, cemetery, water, street, or right-of-way, shall be subject to the zoning regulations of the district in which they are located.

      (6)   Whenever any street, alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall automatically extend to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.

      (7)   Where any land or territory within the village is not shown to be located in a district, the zoning regulations of the most restrictive adjoining district shall govern.

      (8)   Where a lot under single ownership is divided at the time of enactment of this chapter or by subsequent amendments, by a zoning district boundary line, the requirements of the less restrictive district adjacent to such line may be extended for that lot, not more than 25 feet into the more restrictive district.

   (C)   Existing special uses. Where a use is classified as a special use under this chapter, it shall be considered a legal use, without further action of the Village Board.

(`92 Code, § 40-2-3)

   (A)   To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations limiting the dwelling unit density, the heights, bulk and arrangement of buildings, limiting the size and use of signs, and requiring minimum off-street parking for each of the districts established by § 156.020 hereof (or specified use), are set forth in division (E) below, Schedule 40-2-4(A), hereinafter called Schedule. Such schedule is hereby adopted and declared to be an integral part of this chapter, and it may be amended in the same manner as any other part of this chapter.

   (B)   For each district (or specified use) named in said Schedule: The maximum number of dwelling units shall be as indicated in Column “(B)”; the minimum lot requirements shall be as indicated in Columns “(C)”, “(D)”, and “(E)” of the Schedule; the minimum yard dimensions shall be as indicated in Columns “(F)”, “(G)”, “(H)”, “(I)”, and “(J)”; maximum lot coverage therefor shall be indicated as Column “(K)”; permitted floor area ration (ratio of floor area to lot area) shall be indicated as Column “(L)”; maximum building heights shall be as indicated in Column “(M)”; requirements for accessory buildings and uses, as to maximum height shall be as indicated in Column “(N)”; and as to minimum distance of detached accessory buildings and uses to principal buildings, streets, and lot lines, as indicated in Columns “(O)”, “(P)”, “(Q)”, “(R)”, and “(S)”, respectively; signs permitted shall be as indicated in Column “(T)”; minimum off-street parking shall be indicated in Column “(U)”; other pertinent matters and requirements are as indicated in Column “(V)”, and as otherwise set forth in the Schedule and in notes and remarks appended thereto.

   (C)   A blank space in a block of a column of said Schedule indicates that the requirement of that column does not pertain to the district or use specified on the corresponding horizontal lines. The words “Same as SR-1 (or other symbol or reference)” as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for district referred to by such symbol or reference; otherwise the limitations and requirements in said Schedule shall be read from left to right.

   (D)   Where the limitations and requirements of any Column through “(V)” of the Schedule are contained in a block which, reading vertically on the Schedule, covers more than one district (or specified use), such limitations and requirements shall be applicable to all of the districts or uses so covered by the block. Where reference is made in said Schedule to another section or provision of this chapter, such section or provision referred to shall thereby be incorporated as an integral part of the requirement including such reference.

   (E)   Schedule; Area and Bulk Regulations; Sign and Parking Requirements. See Appendix B at the end of the chapter.

(`92 Code, § 40-2-4)

   (A)   To facilitate public understanding of this chapter and for the better administration and convenience of use thereof, the regulations designating permitted uses, permitted accessory uses, exceptions and special permits for each of the districts established by § 156.020 hereof, are set forth in Use Schedule in division (D) below. Such Use Schedule is intended and declared to be an integral part of this chapter and it may be amended in the same manner as any other part of this chapter.

   (B)   Each column refers to a specific district which lists the permitted uses, permitted accessory uses, exceptions, special permits, and supplementary regulation references, and are read vertically under a district column.

   (C)   Limitations and requirements in the Use Schedule as used in a column shall mean and include the specific limitations and requirements as set forth in the same column for the district referred to. Where reference is made in the Use Schedule to another section or provision of this chapter, such section or provision referred to shall, thereby be incorporated as an integral part of the requirements including such reference. All provisions of this chapter shall apply as integral parts of this section although not specifically cited in a column. See division (D) below.

   (D)   Schedule; Permitted Uses; Accessory Uses; Exceptions and Special Permits. See Appendix C at the end of the chapter.

(`92 Code, § 40-2-5)

   In any zoning district, a development plan shall be required for any of the following uses or circumstances except as provided by state or federal law:

   (A)   Uses requiring development plan approval. A development plan shall be required for all development in the MR-1 and MR-2 zoning districts and within the B-1 and B-2 zoning districts for all development proposed to contain greater than 5,000 square feet of impervious surface improvements or multiple buildings.

   (B)   Additional circumstances requiring development plan approval. Any new use or change in use, or construction of a building for any primary use in any MR-1, MR-2, B-1, or B-2 district where any of the following exists:

      (1)   The subject property is adjacent to or within 250 feet of any property zoned or principally used for residential, church/religious, or school purposes;

      (2)   Two or more principal buildings are proposed on one lot; or

      (3)   When traffic generation per a traffic study submitted by applicant, if requested at the discretion of the village, shows any level of service of “D” or worse pursuant to the accepted national traffic standards. The village may request a traffic study upon review of any development or building application to the village and upon its determination that a safety or service level traffic concern reasonably may exist relating to the proposed construction or development to be permitted, and shall so state in writing to the applicant. The village shall have the authority to permit the type, number, and location of all entrances, exits, and circulation patterns on any development site.

      (4)   The proposed use is a motor vehicle oriented business as defined elsewhere in this zoning chapter.

(`92 Code, § 40-2-6) (Ord. 00-11, passed 7-5-00)

   (A)   When required. A preliminary development plan shall be required for any use or circumstance identified in § 156.0025.

   (B)   Number of copies to be submitted. Eight copies of the preliminary development plan, as required by the Village Subdivision Code, § 154.101, shall be submitted in support of the application. The preliminary development plan shall be accompanied by all general application requirements, and shall bear such professional certifications and seals as the village may require.

   (C)   Required plan drawings. The following plan drawings shall be submitted with the preliminary development plan application. Each plan drawing shall contain all required information:

      (1)   Eight drawings of the proposed development that includes the following:

         (a)   Proposed location of buildings, other structures and lot arrangements.

         (b)   Any land areas within the 100-year floodplain.

         (c)   Parking area, drives and walks.

         (d)   Screening and buffering areas, open space and other amenities.

         (e)   Drainage patterns.

         (f)   Public streets, identifying arterials, collectors and local streets, service and loading areas, points of access to public rights-of-way.

         (g)   Any existing easements.

         (h)   Existing and proposed water, sewer, and storm utility systems.

         (i)   Sufficient dimensions and grades to indicate relationship between buildings, property lines, parking areas and other elements of the plan.

         (j)   Location, massing and pattern of proposed landscaping.

         (k)   Preliminary storm water collection, and detention plans showing existing facilities.

         (l)   Existing streams and other bodies of water.

         (m)   Location, massing and pattern of existing vegetation.

         (n)   Significant views within the site.

         (o)   Focal points and site amenities, if any.

         (p)   Internal and external pedestrian and vehicular access points.

         (q)   Physical barriers (such as interstate highways).

         (r)   Proposed noise generation sources.

         (s)   An analysis of the demand for water service and discharge into the sanitary sewer receiving system if requested at the discretion of the village.

      (2)   For any proposed development, certain additional information shall also be provided depicting the proposed development site and the environs within 250 feet of the boundaries of the proposed development site. This information may be shown on the drawing required in division (C)(1) above or may be depicted on one or more additional plan drawings subject and shall contain the following:

         (a)   Any public and/or private streets.

         (b)   Street and traffic patterns affecting the site.

         (c)   Any drives that exist or that are proposed to the degree that they appear on plans on file with the village.

         (d)   Any buildings that exist or are proposed to the degree that their location and size are shown on plans on file with the village. Single- and two-family residential buildings may be shown in approximate location and general size and shape.

         (e)   The location and size of retention basins, detention basins and drainage structures, such as culverts, paved or earthen ditches or storm water sewers and inlets.

         (f)   Surrounding uses and adjacent properties.

   (D)   Exterior building sketches. The application shall include preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.

   (E)   Schedules. A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, land use intensity, hours of operation of the business, and other quantities specified in the appropriate zoning district regulations.

      (1)   Preliminary development plan review fee as required in § 154.118(A).

(`92 Code, § 40-2-7) (Ord. 00-11, passed 7-5-00; Am. Ord. 2009-29, passed 12-2-09)

   (A)   Procedure. Except as established by this section, the procedures and requirements for filing, review and approval of a preliminary development plan shall be the same as those set forth for preliminary plats in the Subdivision Code.

   (B)   Criteria for approval. The developer shall follow procedures set forth in §§ 154.100 and 154.101 of the Subdivision Code for approval of preliminary plats in obtaining approval of preliminary development plans. The proposed development must comply with the applicable zoning district regulations. If unique characteristics of the site or other factors would require a variance from the district regulations that apply, then the Planning Commission may recommend and the Board of Trustees may permit modification from the underlying district regulations using the Planned Development procedures and performance standards as provided for in §§ 156.115 through 156.130 of this chapter. If the Board of Trustees imposes conditions or restrictions in a preliminary development plan, it may designate specific requirements that must be met before an applicant may submit a final development plan application. In considering any preliminary development plan application, the Planning Commission and the Board of Trustees may consider the criteria stated below, to the extent they are pertinent to the particular application:

      (1)   Satisfaction of the conditions and requirements applicable to the requested use(s), as set forth in this chapter.

      (2)   The criteria governing the zoning of the property, as set forth in the standards and requirements found elsewhere in the zoning chapter or in other applicable law.

      (3)   Development is designed, located, and proposed to be operated so that the public health, safety and welfare will be protected.

      (4)   That an identified community need exists for the proposed use.

      (5)   Development will not impede the normal and orderly development and improvement of the surrounding property, nor impair the use, enjoyment, or value of neighboring properties.

      (6)   Development incorporates, as approved by the village, adequate ingress and egress and an internal street network that minimizes traffic congestion.

      (7)   The capability of the site to accommodate the building, parking, and drives with appropriate open space and safe easy ingress and egress.

      (8)   The degree of compatibility between the architectural design and quality of the proposed building and the surrounding neighborhood.

      (9)   The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.

      (10)   Development incorporates standards and principles as may be adopted by the village in its Comprehensive Plan or adopted development regulations.

   (C)   Development plan in rezoning ordinance. If the preliminary development plan application was submitted with an application to change the zoning district category, any development plan approved through the hearing process, concurrent with such application, shall become part of the ordinance that amends the zoning district category of the property.

   (D)   Modification of zoning map. Any approved preliminary development plan requiring a change in zoning classification shall be reflected on the Zoning Map as an amendment to the District by designation “P” along with the ordinance number of the approved plan.

   (E)   Duration of validity. The approved preliminary development plan shall specify the duration of its validity, but in no event shall an approved preliminary development plan be valid for a period longer than 12 months from the date of such approval. The Board of Trustees may grant one extension not exceeding 12 months upon written request. The approval of a revised preliminary development plan shall not automatically extend the time period during which the preliminary development plan is valid.

(`92 Code, § 40-2-8) (Ord. 00-11, passed 7-5-00)

   Approval of a final development plan is required any time a preliminary development plan is required. No building permit shall be issued for any structure on the property until a final development plan is approved.

(`92 Code, § 40-2-9) (Ord. 00-11, passed 7-5-00)

   (A)   Number of copies. Eight copies of the final development plan as required by the Maryville Subdivision Code, § 154.103, shall be submitted in support of the application, the final development plan shall be accompanied by all general application requirements.

   (B)   Required plan drawings. Eight maps shall be submitted with the final development plan that shows the following. Each map shall contain all map submission requirements, and shall bear such professional certifications and seals as the village may require.

      (1)   Finished grades or contours for the entire site (five or two foot contour intervals may be required by the Administrator, depending on the site).

      (2)   All proposed and existing adjacent public street rights-of-way with centerline location.

      (3)   All proposed and existing adjacent public street and public drive locations, width, curb cuts and radii.

      (4)   Location, width and limits of all existing and proposed sidewalks.

      (5)   Location, size and radii of all existing and proposed mod-Ian breaks and turning lanes.

      (6)   Distance between all buildings, between buildings and property lines and between all parking area and property lines.

      (7)   Location of all required building and parking setbacks.

      (8)   Location, dimensions, number of stories and area in square feet of all proposed buildings.

      (9)   Area of land on plan in square feet or acres.

      (10)   The location of all oil and gas wells on the property.

      (11)   Limits, location, size and material to be used in all proposed retaining walls.

      (12)   Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service area and docks.

      (13)   Location, height, intensity and type of outside lighting fixtures for buildings and parking lots.

      (14)   Location, size, and type of material of all proposed monument or freestanding signs.

      (15)   The location of adjacent developments, alignment and location of public and private driveways and streets, medians, and public and semi-public easements.

      (16)   Final storm water collection, detention and erosion control plans.

      (17)   Final analysis of the capacity of the existing sanitary sewer receiving system.

      (18)   Final water and sanitary sewer plans.

   (C)   Required building elevations. One or more illustrations shall be submitted with the final development plan showing building elevations including the following:

      (1)   Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.

      (2)   Size, location, color and materials of all signs to be attached to building exteriors.

      (3)   Location, size and materials to be used in all screening of rooftop or ground-level mechanical equipment, trash and refuse collection areas, and loading area.

      (4)   Building sections.

   (D)   Required landscape plan. The final development plan submission shall contain a drawing showing landscaping, tree preservation and planting and buffer yard areas as required by § 156.092 of this chapter.

   (E)   Reduced copies of required final development plan drawings. One copy of the proposed plan, building elevations and landscaping, tree preservation, screening and planting and buffer yard plans shall be reduced onto 11 inch by 17 inch bond paper.

   (F)   Required evidentiary information. The following shall be submitted in support of the application for final development plan approval:

      (1)   Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval, if conveyance thereof is not to be made by plat or by the filing, of the final development plan pursuant to this section.

      (2)   A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary development plan.

      (3)   Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency, if required by the terms of the approved preliminary development plan.

      (4)   Evidence of satisfaction of any conditions of the preliminary development plan approval that were conditions precedent to consideration of the final development plan.

      (1)   Final development plan review fee as required in § 154.118(F).

      (2)   Green space fee as required in § 154.032(C)(1)(a), (b), (c), and (d) to be paid prior to final approval of the plan by the Village Board.

(`92 Code, § 40-2-10) (Ord. 00-11, passed 7-5-00; Am. Ord. 2009-30, passed 12-2-09)

   (A)   No changes. A final development plan that contains no changes or additions to the approved preliminary development plan shall be approved by the Administrator upon a determination that all conditions of approval of the preliminary development plan if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied. If the Administrator does not approve the final development plan the decision may be appealed to the Planning Commission or Board of Trustees as the Board of Trustees elects. Upon such an appeal, the Planning Commission or Board of Trustees shall act in accordance with the procedure specified in division (B) of this section.

   (B)   Minor changes. A final development plan that contains minor changes to the approved preliminary development plan may be approved by the Administrator. A determination by the Administrator on such minor changes shall be made pursuant to this division, provided that the Administrator may, at his or her discretion, submit the changes to the Planning Commission or Board of Trustees for review. Any determination made by the Administrator under this section may be appealed to the Planning Commission or Board of Trustees by the applicant within seven days after the date of the determination. In all such appeals, the Planning Commission or Board of Trustees shall act in accordance with division (C) of this section.

   (C)   Definition of minor changes. For purposes of this section, MINOR CHANGES to the approved preliminary development plan shall mean all changes that are not substantial (as further defined herein) including but not limited to any of the following:

      (1)   Increases in the density or intensity of residential uses between 0% and 5%.

      (2)   Increases in the total floor area of all nonresidential buildings covered by the plan between 0% and 10%.

      (3)   Increases of lot coverage between 0% and 5%.

      (4)   Increases in the height of any building between 0% and 10%.

      (5)   Decreases of any peripheral setback between 0% and 5%.

      (6)   Decreases of areas devoted to open space between 0% and 5%.

      (7)   Reconfiguration of building locations that do not involve substantial changes, as defined in this section.

   (D)   Substantial changes. A final development plan that contains substantial changes from the approved preliminary development plan may be approved by the Board of Trustees only upon review of the proposed changes by the Planning Commission, said review to include a public hearing by the Planning Commission.

   (E)   Definition of substantial changes. For purposes of this section, SUBSTANTIAL CHANGES to the approved preliminary development plan shall mean any of the following:

      (1)   A change in the number or sequence of phases, if any.

      (2)   Increases in the density or intensity of residential uses equal to or more than 5%.

      (3)   Increases in the total floor area of all non-residential buildings covered by the plan equal to or more than 10%.

      (4)   Increases of lot coverage more than 5%.

      (5)   Increases in the height of any building equal to or more than 10%.

      (6)   Changes of architectural style that will make the project less compatible with neighboring uses.

      (7)   Changes in ownership patterns or stages of construction that will lead to a different development concept.

      (8)   Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.

      (9)   Decreases of any setback equal to or more than 5%.

      (10)   Decreases of areas devoted to open space equal to or more than 5% or the substantial relocation of such areas.

      (11)   Changes of traffic or circulation patterns that will affect traffic outside of the project boundaries.

      (12)   Modification or removal of conditions to the preliminary development plan approval.

      (13)   Changes to the water or sanitary sewer plans that impact these utilities outside the project boundaries.

      (14)   Modification of an express condition or requirement previously imposed by the prior development plan.

   (F)   Planning Commission recommendation. The Planning Commission shall transmit its recommendation to the Board of Trustees, which shall approve, approve with conditions, or disapprove the final development plan.

   (G)   Criteria for approval. In determining whether to approve an application for a final development plan that contains substantial changes from the preliminary plan, the Planning Commission and Board of Trustees shall apply the criteria set forth herein, applicable to a preliminary development plan application.

   (H)   Conditions of approval. If the Board of Trustees attaches conditions to the approval of a final development plan, it shall designate specific requirements, if any, that must be met before issuance of a building permit. The Board of Trustees may delegate to the Administrator the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. Such conditions may arise from a change in circumstances following the original approval, identification of new information, or other reasonable factors warranting conditions as necessary to satisfy the approval criteria.

(`92 Code, § 40-2-11) (Ord. 00-11, passed 7-5-00)

   Final development plan approval shall not be valid for a period longer than 12 months from the date of such approval, unless within such period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final development plan schedule are obtained in a timely fashion, as determined by the Administrator. The Board of Trustees may grant one extension of no more than 12 months upon written request of the original applicant. An application for extension of a final development plan may be granted, if the application is filed before the final development plan expires. Upon granting an extension, the Board of Trustees has the authority to attach new conditions to the final development plan as it deems appropriate. Substantial construction as used in this section shall mean completion of at least 10% of the construction in terms of the total expected cost of the project for which the permit was issued.

(`92 Code, § 40-2-12) (Ord. 00-11, passed 7-5-00)

   Following the approval of a final development plan, a copy of the development plan signed by the Administrator shall be filed by the applicant with the Recorder of Deeds of Madison County. All filing fees shall be paid by the person who filed the development plan application. The authorization for the use approved by the development plan shall not become, effective until a copy of the recorded plan bearing its recordation notations shall be returned and placed on file with the Village Clerk. The statement shall be recorded in accordance with the forms and procedures established by the village and shall contain the following information:

   (A)   An accurate legal description of the property.

   (B)   A copy of the final development plan and a statement that the development of the property shall be in compliance with the development plan and with any conditions attached to the approval of the approved final development plan. All plans and conditions of approval shall be kept on file with the Recorder of Deeds for public inspection.

   (C)   A statement that all elements of the final development plan and all conditions of plan approval will be maintained by the property owner.

   (D)   A statement that the restrictions on development and the responsibility for continuing maintenance and compliance with the final development plan shall be binding upon all successors and assigns unless the plan is amended in conformance with the procedures as set forth in this chapter.

(`92 Code, § 40-2-13) (Ord. 00-11, passed 7-5-00)

   (A)   A final development plan or a phase thereof shall terminate and be deemed abandoned if:

      (1)   The landowner shall fail to commence development by failing to receive a building permit or failing to undertake substantial construction on the property after receiving a building permit within 12 months after receiving final development plan approval, or a longer period of time if an extension of the final plan has been granted by the Board of Trustees; or

      (2)   The landowner abandons the final plan or a phase thereof and notifies the Administrator in writing of the abandonment.

   (B)   Whenever a final plan or phase thereof has been abandoned as provided in this section, no development shall take place on the property until a new final development plan has been approved.

(`92 Code, § 40-2-14) (Ord. 00-11, passed 7-5-00)

   Any use defined as a motor vehicle oriented business in accordance with the provisions of § 156.130, motor vehicle oriented business regulations of this chapter shall be subject to the performance standards, conditions, and restrictions of that section.

(`92 Code, § 40-2-15) (Ord. 00-11, passed 7-5-00)