The Board of Zoning Appeals may, in accordance with the procedure set forth in this Article, grant special permits and variances from the operations of the regulations of this chapter for the buildings, structures, and uses specified in this Article, provided, in each case, that:

   (A)   The special permit or variance is in substantial harmony with the purposes and intent hereof as declared in § 156.002.

   (B)   The special permit of variance substantially complies with the specific requirements therefor as set forth in this Article and for the district in which the use is located.

   (C)   Satisfactory evidence is presented to the Board that the present or proposed situation of the building, structure development or use is reasonably necessary for the convenience and welfare of the public.

   (D)   In granting any special permit or variance, the Board may impose (in addition to other requirements) conditions for the reasonable protection of the immediate neighborhood or the village from adverse effects of the use or building involved.

(`92 Code, § 40-5-1)

   (A)   The site location of any building, structure, or use permitted by a special permit or variance shall have a compatible relationship to the established street system and shall be such as to impose no greater traffic burden on streets than the streets can reasonable bear.

   (B)   The site of any building, structure or use permitted by a special permit or variance may be located partly outside the village limits, provided that applicable requirements of the village relative to utility permits and extensions and to annexation are complied with, and provided further, as to such part of the site outside the village limits, that the Madison County Zoning, and/or other requirements are complied with.

(`92 Code, § 40-5-2)

   The Board of Zoning Appeals may permit any building, structure or use of the village, the County, the Township, Public School District, University, any State or Federal agency or public utility, in either a governmental or proprietary capacity, in any zoning district as the Board deems necessary for the convenience and welfare. Such buildings or use shall be subject to such of the requirements of the district wherein the buildings or use is situated and to such of the other regulations applying to uses permitted in the development as the Board deems necessary to comply with the general provisions of §§ 156.110 and 156.111 and to assure compatibility of the development with the character of its locality.

(`92 Code, § 40-5-3)

   (A)   (1)   The Board of Zoning Appeals shall hear the application (or any modified application) in accordance with its usual procedure. The Board may:

         (a)   Grant the application, with or without conditions;

         (b)   Deny the application; or

         (c)   Refer the application back to the applicant for modification.

      (2)   If the application is granted, a copy of the final plan shall be placed on file within the village, clearly noting all conditions of approval and the date approved for issuance of a permit. If the application is denied, the applicant shall not again apply for a permit for substantially the same proposal unless there has occurred a substantial change of circumstances, and in such case, only with the Board°s consent first obtained, otherwise not earlier than one year after date of the denial. If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Board, if any, otherwise in time for the next regular meeting of the Board.

   (B)   The Board of Zoning Appeals may revoke a permit issued under this Article if:

      (1)   The proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or

      (2)   If any condition or requirement included in the permit is not complied with. The Board may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this Article.

   (C)   A permit issued under this Article shall expire if the proposal authorized by the permit is not completed within the development schedule therefor included in the application, or expiration.

   (D)   After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this Article.

(`92 Code, § 40-5-4)

   (A)   General. No use variance or special permit under this Article shall be granted by the Board of Zoning Appeals except in accordance with the procedure set forth in this section.

   (B)   Application; preliminary site plan. Application for a use variance or special permit under this Article shall be made to the Board of Zoning Appeals on a form approved and furnished by the Board. Such application shall include, among other pertinent information, two copies of a preliminary site plan of the proposed site, to scale, showing:

      (1)   The location, dimensions and character of all present and/or proposed buildings, structures and uses;

      (2)   The location of adjacent pedestrian and vehicular traffic circulation;

      (3)   The location of off-street parking and off-street loading;

      (4)   Type of proposed surfacing material for access ways and parking;

      (5)   Plan for pedestrian and vehicular traffic within the subject area with consideration given to the established street systems serving the subject area, and to emergency vehicle access to each building;

      (6)   Perspectives of structures or other such drainage necessary to indicate the relative compatibility with immediate neighborhood as well as within the subject area;

      (7)   General landscaping and screening plan;

      (8)   Location of public or private utilities proposed to serve the subject area;

      (9)   Proposed finished grade of the site; and

      (10)   Development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule.

   (C)   Planning Commission advisory report. The Planning Commission shall issue an advisory report on all use variances and special permits in accordance with the procedure set forth in this section.

      (1)   Advisory report of the Planning Commission. A copy of the application shall be furnished to the Planning Commission and the Planning Commission shall furnish an advisory report to the Board of Appeals at the next regular meeting of the Board, unless the Board shall otherwise specifically establish an extended time within which the report is to be provided.

      (2)   Content of the advisory report. Such advisory report shall include advice as to whether, in the opinion of the Planning Commission, the proposal complies with the comprehensive plan and whether the proposal is compatible to the character of the area in which it is to be located. Said report shall also include the Planning Commission’s recommendations on the entire proposal or particular elements of the proposal, including suggested conditions upon which the specific proposal may be permitted. The Planning Commission may request of the applicant such reasonable additional information as the Planning Commission deems necessary for adequate review.

      (3)   Amendments to application. The application may be amended to include such information or such other particulars as so not to create substantial changes in the arrangement and/or operation of the proposal without resubmitting the proposal to the Planning Commission upon the consent of the Board of Appeals.

      (4)   Hearing on application. The Board of Appeals shall hear the application in accordance with the procedure established in this chapter. Any decision of the Board contrary to a negative recommendation of the Planning Commission shall require a three-fourths majority vote of the Board.

      (5)   Amendments to a permanent site plan. The permanent site plan may be amended to include such information or such other particulars so as not to create substantial change in the arrangement and/or operation of the permanent site plan without resubmitting the permanent site plan to the Planning Commission upon the consent of the Board of Appeals.

(`92 Code, § 40-5-5)

   (A)   The purpose of the Planned Development Districts is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment. The Board of Trustees, upon recommendation by the Plan Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a Planned Development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These Planned Development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The Board of Trustees may, upon proper application, approve a Planned Development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards in order to achieve one or more of the following objectives:

      (1)   Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property.

      (2)   Functional and beneficial uses of open space areas.

      (3)   Preservation of natural features of a development site.

      (4)   Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

      (5)   Rational and economical in relation to public utilities and services.

      (6)   Efficient and effective traffic circulation, both within and adjacent to the development site.

   (B)   Relationship of planned development districts to zoning map.

      (1)   A mapped district. The PD designation is not intended to be attached to existing zoning districts as an overlay. The PD designation, as detailed in this section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.

      (2)   Plan approval required. It is the intent of this Article that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this section, §§ 156.170 through 156.175, Amendments, and applicable subdivision regulations of Municipal Code.

   (C)   Coordination with §§ 156.170 through 156.175, Amendments and Applicable Subdivision Regulations of the Municipal Code.

      (1)   When a planned development involves any subdivision activity, the subdivision review and approval procedure requirements contained in the Subdivision Regulations of the Municipal Code shall be carried out simultaneously with the review of a Planned Development under this section of this Article. As applicable, reference is made to requirements of the Subdivision Code of the Municipal Code within this section. With regard to these references, said Appendix C may contain the term “plat”, which under the PD district requirements is intended to be synonymous with “plan” as appropriate.

      (2)   Since obtaining a PD district designation requires a map amendment (rezoning), the requirements and procedures of §§ 156.170 through 156.175, Amendments shall apply. As applicable, reference to §§ 156.170 through 156.175 is made within this section.

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

   An area approved for the PD designation shall be assigned one of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this section.

   (A)   Planned Development - Residential (PD-R). Planned developments involving residential uses only.

   (B)   Planned Development - Business (PD-B). Planned developments involving retail, service, and office commercial uses only.

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

   (A)   Planned development - Residential (PD-R).

      (1)   Permitted uses shall be established in the conditions of the chapter adopted by the Board of Trustees governing the particular Planned Development - Residential district. Specific uses may include those uses designated as permitted or special uses in the SR-1, SR-2, MR-1 or MR-2 districts.

      (2)   In addition to those uses included above, the following uses may be designated as permitted uses and established as such in the chapter governing the particular Planned Development - Residential district:

         (a)   Patio dwellings;

         (b)   Zero lot line residential developments.

   (B)   Planned Development - Business (PD-B). Permitted uses shall be established in the conditions of the chapter adopted by the Board of Trustees governing the particular Planned Development - Commercial district. Specific uses may only include those uses designated as permitted or special uses in the B-1 or B-2 districts.

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

   The minimum site size for any of the Planned Development districts shall be two acres. This minimum site size may be waived by the Board of Trustees upon report by the Planning Commission if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood or, if the Board of Trustees should determine such waiver to be in the general public interest.

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

   (A)   General standards.

      (1)   The approval of the Development Plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No Planned Development shall be allowed which would result in:

         (a)   Inadequate or unsafe vehicular access to the development;

         (b)   Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing “level of service D” as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers;

         (c)   An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;

         (d)   A failure to comply with the performance standards contained in § 156.119;

         (e)   Other detrimental impacts on the surrounding area including, but not limited to, visual and noise pollution.

      (2)   In addition to the above requirements, all planned developments shall be subject to the review criteria established in § 156.114. It shall be the responsibility of the applicant to clearly establish that the above requirements are met.

   (B)   Other codes. All requirements of other codes and ordinances of the City (such as Building Code) shall be applicable.

   (C)   Planned Development - Residential (PD-R).

      (1)   Density. The density of residential development - shall be consistent with the intent of the original underlying residential district(s). While the district regulations specifies upper limits to residential density, density of a Planned Development may be limited to that which is established in the original residential district or which is consistent and compatible with nearby existing developed areas. Conversely, the density limits indicated in the district regulations may be exceeded on portions of the site within a PD-R district as long as the total site density limit is not exceeded. This is referred to as “density transfer”. Additionally, the total site density may be exceeded up to a limit, upon conclusion of the Plan Commission and the Board of Trustees that the density bonus provisions contained in division (C) below have been satisfied. This is referred to as “density bonus”.

      (2)   Calculation of density.

         (a)   The computation of density shall be based on dwelling units per net acre for the entire site.

         (b)   To compute the number of dwelling units per net acre, 15% of the gross acreage of the parcel shall be deducted and the net acreage divided by the lowest minimum lot size of the underlying residential district. The following provides an example of density calculation for a 20 acre tract in the residential district:

20 acres x 43,560 square feet per acre = 871,200 sq. ft.

871,200 sq. ft. - (871,200 x 0.15) = 740,520 sq. ft.

740,520/6,000 sq. ft. min, lot size = 123 dwelling units

         (c)   In situations where a proposed PD-R district overlaps two or more dwelling districts, density shall be calculated separately for the portions of the PD-R district in each of the original residential districts.

      (3)   Density bonus. The Plan Commission may recommend and the Board of Trustees may approve an increase in density within a PD-R district, up to a maximum of 20%, which shall be based on the precepts listed below. The density bonuses shall be treated as additives and not compounded.

 

 

   If density bonuses (increases) are requested under this section, the applicant shall document all site amenities or improvements for the village’s review and consideration.

      (4)   Development phasing. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the Board of Trustees. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved PD-R district.

      (5)   Non-residential uses in PD-R developments. Non-residential uses are limited to those specifically listed in the dwelling zoning districts. Such non-residential uses shall be subject to all requirements for lot area, width, height, yards and setbacks prescribed in the district in which the proposed PD-R development is located.

      (6)   Common open space requirements.

         (a)   Common open space shall comprise at least 15% of the gross area of the residential development or be of a size equivalent to one acre for each 100 persons of expected population of the development, whichever is greater. For purposes of this subsection, the expected population shall be determined by multiplying the total number of dwelling units times 2 persons per dwelling unit.

         (b)   The amount of required common open space may be reduced by an amount equal to twice the total area of private balconies or patios. The balconies or patios shall be accessible to individual dwelling units, consist of at least 60 square feet of outdoor area, and have at least a horizontal dimension of six or more feet. In no case shall the area devoted to common open space be less than 10% of the gross lot area.

         (c)   Common open space shall be used for recreational, park or environmental amenity purposes for the collective enjoyment of the occupants of the development.

         (d)   In addition to the above open space requirements, the following regulates the use of this common open space in terms of physical surface characteristics, size, location and physical improvements therein.

            1.   Of the required common open space, up to one-half of it may be covered by water, flood plain, stormwater detention/retention facilities or left in a natural state.

            2.   The area of each parcel of open space shall not be less than 6,000 square feet in area nor less than 30 feet in its smallest dimension. In addition, at least 50% of the common open space shall be contiguous or connected via pedestrian/bicycle paths.

            3.   To the extent practicable, common open spaces should be distributed equitably throughout the development in relation to the dwelling units that such common open space is intended to serve. The open space shall not be isolated in one corner of a development, but shall be highly accessible (physically and/or visually) to the residents of the development.

         (e)   Where common open space is to be provided in a subdivided residential development, the use, operation, and maintenance of areas for common open space, common ground, and common buildings shall be guaranteed by the establishment of a trust indenture providing for such by a subdivision association or trustees. Said indenture shall be approved by the Village Attorney prior to recording the indenture simultaneously with the recording of the final plat.

      (7)   Perimeter buffer requirements.

         (a)   Where a PD-R development proposes residential development along the perimeter of the site, which is higher in density than that of an adjacent dwelling district, there shall be a minimum 30 foot wide buffer area. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.

         (b)   Where a PD-R development abuts a commercial or industrial use or district, there shall be a minimum 30 foot wide buffer area. This buffer area shall be permanent and landscaped and/or otherwise provided with screening (such as sight proof fencing) so as to effectively screen the commercial or industrial use form the PD-R development.

      (8)   Payment for allocation. In addition to providing the required areas of common open space within the residential development, the owner/developer shall pay to the village for allocation to the Park Improvement Fund the sum of $500 per dwelling unit. This payment shall be paid at the time of approval of the final plat of the subdivision by the Board of Trustees of the village. If the payment is not made to the village at such time, the Mayor shall not sign the final plat for recording purposes.

   (D)   Planned Development - Business (PD-B).

      (1)   Site coverage. Total site coverage by uses permitted in the PD-B districts shall be 70%, except as permitted to be exceeded in accordance with subsection (b) below.

      (2)   Site coverage bonus. The Plan Commission may recommend and the Board of Trustees may approve an increase in maximum site coverage from 70% up to 90%. In order to qualify for this bonus, the development plan must demonstrate compliance with four or more of the following performance criteria:

         (a)   Incorporate storm drainage retention facilities as a site amenity.

         (b)   Install storm drainage detention facilities underground.

         (c)   Increasing parking lot landscaping by 50% more than otherwise required.

         (d)   Submitting for approval developments on tracts that are five or more acres in size.

         (e)   Design of principal access to the development tract at an approved location that allows for shared access by an adjacent property.

         (f)   Construction of separate-grade pedestrian and bicycle paths.

         (g)   Providing for screened loading areas.

         (h)   Demonstration of a development using innovative architectural, site planning and land use design and of such quality as to set an excellent example for subsequent development or redevelopment projects.

         (i)   Any other performance criteria that further the goals, objectives and policies of the Comprehensive Plan and that, in the opinion of the Plan Commission and Board of Trustees warrant the approval of development bonuses.

      (3)   Signage. Signage shall be in compliance with § 156.049 unless the applicant for a PD-B district designation elects to submit a “Comprehensive Sign Plan” in addition to the submission of other required development plan documents. The Plan Commission may recommend, and the Board of Trustees may approve, a Comprehensive Sign Plan and such plan shall be made part of the chapter approving the PD district. This chapter may contain conditions, requirements or standards regarding signs that may be stipulated by the Board of Trustees. Comprehensive Sign Plans approved under this section shall be evaluated based upon the following criteria:

         (a)   Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures and sign orientation relative to viewing distances and viewing angles.

         (b)   Quantity. The number of signs that may be approved within any development shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development sub-areas and business identification. Factors to be considered shall include the size of the development, the number of development sub areas, and the division or integration of sign functions.

         (c)   Size. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. In no event shall a plan contain a sign that exceeds by more than 50% that of any maximum area standard contained in § 156.049 unless otherwise waived by the Board of Trustees.

         (d)   Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style or the use of consistent lettering style and typography. A request for approval for a comprehensive Sign Plan shall accompany the request for PD-B zoning classification and shall include, but is not limited to, the following:

            1.   A site plan, depicting the proposed plan of development and illustration of proposed sign locations;

            2.   Descriptions and drawings indicating size, qualities, materials and illumination; and

            3.   A narrative description of the common theme for signage within the development, how it relates to architectural and/or landscaping elements of the development, and how the Comprehensive Sign Plan relates to each of the criteria set forth in this section.

      (4)   Perimeter buffer requirements. Where a PD-B development abuts a residential district, there shall be a minimum 50 foot buffer area between any non-residential use and the adjacent residential district. This buffer area shall be landscaped in accordance with § 156.089.

      (5)   Minimum building setbacks. Building setbacks shall be in accordance with the approved site plan for a PD-B development. Where a commercial use abuts a dwelling district, the minimum building setbacks established in the district regulations shall apply.

(`92 Code, § 40-5-10) (Ord. 00-11, passed 7-5-00; Am. Ord. 2002-10, passed 4-3-02)

   (A)   “Supplementary Regulations”, §§ 156.075 et seq.;

   (B)   “Off-Street Parking and Loading Requirements”, §§ 156.020 et seq.;

   (C)   “Signs”, §§ 156.045 et seq. (except as may be modified through a Comprehensive Sign Plan. See § 156.119(D)(3));

   (D)   “Subdivision Code” of the village;

   (E)   “Motor Vehicle Oriented Business Regulations”, § 156.130;

   (F)   “Landscape and Streetscape Standards”, § 156.092;

   (G)   “Site Lighting Standards”, § 156.093;

   (H)   “Village of Maryville Erosion Control Ordinance”.

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

   Whenever a Planned Development embraces all or any part of an arterial street, collector street, drainageway or other public way which has been designated in the adopted Comprehensive Plan or other official plans of the village, sufficient land shall be dedicated or reserved on the development plan for said public improvements in a manner similar to that required of all subdivisions as specified in the Subdivision Code.

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

   (A)   Preliminary development plan submittal requirements. The Preliminary Development Plan submitted shall include the information required in § 156.026. In addition to these submittal requirements, the following shall be submitted as applicable:

      (1)   Gross and net acreage of tract;

      (2)   Building outlines (footprints) of all structures, except one-family detached dwellings proposed on subdivided lots;

      (3)   Internal private circulation drives and parking areas, except driveways associated with one- family detached dwellings proposed on subdivided lots;

      (4)   Maximum number of dwelling units allowed per the original zoning district or districts;

      (5)   Number of dwelling units proposed and number of bedrooms, when parking requirements are based on bedroom count per dwelling unit;

      (6)   Number of off-street parking spaces required and proposed;

      (7)   The location, gross floor area of, and distance between buildings and structures. Floor area for non-residential uses shall be identified by use type;

      (8)   The proposed location, size, landscaping, and general use of common ground, including recreational areas, plazas, and buffer areas. Landscaping information shall include location and approximate size (at time of planting) of all plant material by type (such as deciduous/coniferous trees, ornamental trees, shrub masses and ground cover including grassed areas, ivies, etc.). Landscaping within parking areas shall be included;

      (9)   The location and details of all retaining walls, fences and earth berms;

      (10)   The location of all refuse collection facilities including screening to be provided;

      (11)   Illustrative site cross-sections (two minimum) indicating edge conditions and internal grade changes in relation to principal variations of building elevations and site-lines to adjacent properties/structures;

      (12)   Typical building elevations of sufficient scale and detail to illustrate building mass, exterior construction materials and signage if applicable;

      (13)   Project report to include an explanation of the character of the proposed development, verification of the applicant’s ownership or contractual interest in the subject site and proposed development schedule;

      (14)   The applicant may be required to provide such additional clarification and/or detail of the site plan as determined by the Administrator or the Plan Commission.

   (B)   Preliminary development plan review 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 forth for preliminary plats in the Subdivision Code. The Plan Commission may recommend approval, disapproval or approval with amendments, conditions or restrictions with respect to the preliminary development plan.

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

   A public hearing on the rezoning request and the associated preliminary development plan shall take place before the Plan Commission in accordance with §§ 156.170 et seq., Amendments.

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

   (A)   Board of Trustees action on the rezoning request shall be subject to the provisions of §§ 156.170 et seq., Amendments.

   (B)   If the preliminary development plan is approved by the Board of Trustees, it shall adopt a resolution approving said preliminary development plan, with conditions as may be specified and authorizing the preparation of the final development plan.

   (C)   Simultaneously with the approval of the preliminary development plan, the Board of Trustees shall adopt an ordinance rezoning the site to the appropriate PD district and said ordinance shall include, but not be limited to, the following:

      (1)   Legal description of the development site;

      (2)   The planned district zoning classification approved;

      (3)   Reference to the resolution approving the preliminary development plan and which authorizes preparation of the final development plan;

      (4)   A statement requiring approval of a final development plan and plat (if applicable), by the Board of Trustees, prior to issuing building permits;

      (5)   PD-R Developments: The number and type of dwelling units authorized, including number of bedrooms per dwelling unit by type, and the total square footage authorized for any nonresidential use permitted;

      (6)   PD-B Developments: The total square footage authorized for all commercial, office, and/or industrial uses;

      (7)   Building and structure height limitations;

      (8)   Minimum building setback requirements;

      (9)   Off-street parking requirements (via reference to §§ 156.020 et seq. of this chapter);

      (10)   Reference to § 156.049, “Signs”, or reference to an approved “Comprehensive Sign Plan”, as provided for in § 156.119(D)(3);

      (11)   Acreage and function of common open space.

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

   (A)   All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in ownership of any or all of said area.

   (B)   Approval of the preliminary development plan by the Board of Trustees is merely an authorization to proceed with the preparation of the final development plan.

   (C)   Approval of the preliminary development plan shall be valid for a period of two years from the date of Board of Trustees approval. If an application for final plan approval for all or a geographic portion of the preliminary plan has not been filed within the two year period, then a resubmission of the preliminary development plan shall be required if the applicant intends to pursue final plan approval. The Board of Trustees, upon recommendation from the Plan Commission, may grant up to a one year extension, from the date that the period of validity expired. The Board of Trustees may reject such resubmission of the same development plan in light of new facts and circumstances relating to the development plan.

   (D)   In no case shall a building permit be issued prior to final development plan approval.

   (E)   At such time the period of validity has expired, the resolution approving preliminary development plan shall become null and void. In the event that the development plan involved rezoning all or a portion of the property comprising the development, the Board of Trustees may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of §§ 156.170 et seq.

(`92 Code, § 40-5-16) (Ord. 00-11, passed 7-5-00)

   (A)   Final development plan submittal requirements. The final development plan shall include the required information in the Subdivision Code, as applicable. In addition to these requirements, the following shall be submitted.

      (1)   The information required for the preliminary development plan, except that it be in its final form;

      (2)   The final landscape plan with specific location of all plant, material, specifying size and species.

   (B)   Compliance with approved preliminary development plan. The final development plan shall be in substantial compliance with the approved preliminary development plan. Modifications and refinements, resulting from the final design process, may be approved. In no event shall any modification of the development plan result in the following:

      (1)   A change in the use or character of the development;

      (2)   An increase in building or site coverage;

      (3)   An increase in the intensity of use (such as number of dwelling units);

      (4)   An increase in vehicular traffic generation or significant changes in traffic access and circulation;

      (5)   A reduction in approved open space or required buffer areas.

   (C)   Final development plan review and approval. The procedure for reviewing and approving the final development plan shall be in accordance with those set forth in the Subdivision Code.

(`92 Code, § 40-5-17) (Ord. 00-11, passed 7-5-00)

   After the final development plan (and subdivision plat, if applicable), and other associated documents have been approved by the Board of Trustees, the applicant shall record the final development plan in accordance with the provisions of the Subdivision Code.

(`92 Code, § 40-5-18) (Ord. 00-11, passed 7-5-00)

   (A)   Minor changes. Minor changes in the location, siting and height of buildings and structures may be authorized by the Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section shall cause any of the following:

      (1)   A change in the use or character of the development;

      (2)   An increase in building or site coverage;

      (3)   An increase in the intensity of use (such as number of dwelling units);

      (4)   An increase in vehicular traffic generation or significant changes in traffic access and circulation;

      (5)   A reduction in approved open space or required buffer areas; or

      (6)   A change in the record plat.

   (B)   Plan amendments. All proposed changes in use, or rearrangements of lots, blocks and building tracts, changes in the provision of common open spaces, and changes which would cause any of the situations listed under division (A) above shall be subject to approval by the Board of Trustees. In such event, the applicant shall file a revised development plan and be subject to the requirements of this section as if it were an entirely new application.

(`92 Code, § 40-5-19) (Ord. 00-11, passed 7-5-00)

   (A)   Period of validity. No approval of a final development plan shall be valid for a period longer than two years from the date of approval unless within such period a building permit is obtained and construction of a development’s foundation is commenced.

   (B)   Extension. The Board of Trustees may grant a one year extension upon written request of the original applicant if the application submitted is substantially the same as the initially-approved application.

(`92 Code, § 40-5-20) (Ord. 00-11, passed 7-5-00)

   (A)   Where applicable. The provisions of this section shall apply only to developments along Illinois State Route 159, Illinois State Route 157, Illinois State Route 162, Keebler Road, and Vadalabene Drive, Marguerite Drive.

   (B)   Definition. A MOTOR VEHICLE ORIENTED BUSINESS (MVOB) is any commercial use which, by design, type of operation, and nature of business, has as one of its functions, the provision of goods, merchandise or services to motorists or occupants of motor vehicles in a short time span for each, or the provision of goods, merchandise or services to the occupants of the motor vehicles while they remain in the vehicle. The list of businesses which constitute motor vehicle oriented businesses include convenience stores having a gross floor area of more than 1,000 square feet, gasoline service stations having convenience store facilities with a gross floor area of more than 1,000 square feet, drive- in banks, drive-in or drive-through restaurants, drive-in beverage sales, and car wash operations which are not accessory to an allowable use. This enumeration is not intended as an inclusive list of such businesses.

   (C)   Where permitted. A motor vehicle oriented business may only be permitted as a special permit use in the B-1 or B-2 districts or in the PD-B planned districts. When approved as a special permit use, the MVOB must comply with all applicable requirements of § 156.114; when approved in a PD planned district, the MVOB must comply with all applicable regulations of §§ 156.115 through 156.130.

   (D)   Locational requirements. All motor vehicle oriented businesses must be a minimum of 100 feet from any other motor vehicle oriented business located on the same side of Illinois Routes 159 and 162, which distance shall be computed as follows:

      (1)   Such distance shall be measured between the two closest property lines.

      (2)   Where a motor vehicle oriented business is a part of a larger development, the 100 feet shall be measured from the limits of the out parcel (if so designated). If an out parcel is not designated, the distance shall be measured from the boundary of an area which would normally be required for the operation of said motor vehicle oriented business, as approved by the Director of Public Works.

      (3)   Where a business is located in a tenant space that is part of the principal structure(s) of a strip shopping center development, and would otherwise be considered a motor vehicle oriented business, the provisions of this section shall not apply so long as the proposed business shall not provide drive- through window or drive-in service to persons while in their vehicles.

   (E)   Site design standards. The following site design standards shall be met for all motor vehicle oriented businesses:

      (1)   Minimum lot area. Twenty thousand square feet.

      (2)   Minimum lot frontage. One hundred fifty feet (on corners, the frontage requirements shall apply to only one side).

      (3)   Lot area per pump island for gasoline service stations. Gasoline service stations constituting motor vehicle oriented businesses shall be limited to two service islands and three gasoline pumps per island for the minimum size lot. One service bay and three pumps may be added for each 1,000 square feet of site area exceeding the minimum; however, in no case shall more than six service islands be allowed at any gasoline service station, nor more than three pumps permitted on each island, and no more than three service bays shall be allowed for each such station.

      (4)   Setbacks. From public streets and property lines shall be as follows:

         (a)   Front yard. There shall be a front yard having a depth of not less than 30 feet. Where a lot is located at the intersection of two or more streets, the front yard requirements shall apply to each street, except that the buildable width of the lot shall not be reduced to less than 30 feet in which latter event the Village Board may waive this requirement to the street which will least affect other property values. No accessory building, service islands, and other service or pick-up facilities shall project beyond the front building setback line.

         (b)   Side yard. There shall be a side yard on each side of the building of not less than five feet. Side yard requirements shall be 50 feet where abutting any residential district.

         (c)   Rear yard. There shall be a rear yard having a depth of not less than 25 feet. Rear yard requirements shall be 50 feet where abutting any residential district.

   (F)   Used oil storage. All used oils and other similar materials and products shall be stored only in underground or inside areas.

   (G)   Vehicular areas.

      (1)   The entire area used by vehicles for parking, storage, and service, and the like, shall be paved with asphaltic concrete, concrete, or other material approved by the Director of Public Works.

      (2)   A raised concrete curb shall be placed at the edge of all pavement.

      (3)   All hydraulic hoists, pits, lubrication, washing, repair, and service not of an emergency nature or unusual short-term minor work shall be conducted entirely within a building.

   (H)   Ingress and egress.

      (1)   The minimum width of driveways at the property line shall be 24 feet, and the maximum shall be 36 feet.

      (2)   The minimum distance of any driveway to any side property line shall be 24 feet. This distance shall be measured from the side property line to the intersection of the street right of-way and the edge of the driveway.

      (3)   Driveway openings shall be limited to one drive per 100 feet of lot frontage. For parcels with frontage on more than one street, the number of driveway openings shall be based on the frontage length on each street individually.

      (4)   The minimum distance of a driveway into the site from a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius of the proposed driveway.

      (5)   The angle of driveway intersection with the street shall be based upon reasonable criteria for safe traffic movements and shall be approved by the Director of Public Works.

      (6)   Motor vehicle oriented businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

   (I)   Screening. All motor vehicle oriented businesses shall provide for screening and buffer areas in a manner which conforms with the regulations set forth in § 156.089, relative thereto, and all other applicable ordinances of the village.

   (J)   Landscaping and open space. The development of the site and building shall comply with all standards and requirements of this Article.

   (K)   Lighting. The development of the site and building(s) shall comply with all standards and requirements of § 156.093.

   (L)   Parking. All motor vehicle oriented businesses shall provide for off-street parking in a manner which conforms with the regulations set forth in this Article and all other applicable ordinances of the village.

   (M)   Signs. All signs on the site shall conform to the applicable regulations.

   (N)   Storage of merchandise. All merchandise and material for sale and all vending machines shall be displayed within an enclosed building except for the following: Oil for use in motor vehicles may be displayed or sold from an appropriate rack or compartment at the gasoline station pump islands for the convenience of the customer and station attendant.

   (O)   Storage of flammable materials. Flammable materials used in the conduct of motor vehicle oriented businesses, when stored above ground, shall be stored within the building setback lines. All storage of flammable materials shall be subject to the approval of the Village Fire Marshal.

   (P)   Other conditions. The Planning Commission may recommend, and the Village Board may require, provisions for other conditions that will tend to eliminate or reduce public nuisances caused by noise, heat, odors, smoke, dust, vibration, glare, flooding, and traffic congestion and promote the purpose of this Article.

   (Q)   Building and structures compatibility. All proposed motor vehicle oriented businesses’ buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing structures in areas where a definite pattern or style has been established.

   (R)   Vacant motor vehicle oriented businesses’ buildings. When a motor vehicle oriented businesses’ building becomes vacant for a period exceeding one year, the property owner shall be required to remove or treat in a safe manner approved by the Director of Public Works all flammable materials, storage tanks or storage areas.

   (S)   Termination or lapse of special permit use.

      (1)   When a motor vehicle oriented businesses’ special permit use is authorized by the Village Board, the continuation of such use shall be dependent upon the conditions established under the permit and this section; and in the event of a change of conditions or noncompliance with conditions, the Village Board shall have the authority to revoke the special use permit after affording the permittee the right to be heard.

      (2)   When a motor vehicle oriented businesses’ building becomes vacant and its special use permit not utilized for a period of one year, the permit shall lapse.

   (T)   Nonconforming motor vehicle oriented businesses. Existing motor vehicle oriented businesses which do not comply with the regulations and conditions of this Article shall be considered to be nonconforming and allowed to continue; however, all nonconforming motor vehicle oriented businesses shall comply with the following requirements within one year after written notification by the Director of Public Works of items which must be corrected.

      (1)   Whenever a motor vehicle oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening, as provided for in § 156.130(J), shall be installed.

      (2)   All exterior lighting shall conform to the lighting requirements in § 156.130(K).

      (3)   All trash storage areas shall provide suitable storage of trash with areas that are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck or hand.

      (4)   All storage of merchandise for sale, including vending machines, shall be made to conform with the requirements of § 156.130(N).

   (U)   Rental vehicles. When the renal of equipment, automobiles, trucks and trailers, is to be conducted on a motor vehicle oriented business site, additional land area and paved area shall be provided in addition to the driveway. Parking area, and landscape areas required by this section for a normal motor vehicle oriented business operation. An additional 1,000 square feet of site area shall be provided for each five rental units. No parking of rental units shall be permitted on landscaped areas or driveways.

   (V)   Underground utilities. All utility lines on the site shall be installed underground.

(`92 Code, § 40-5-21) (Ord. 00-11, passed 7-5-00)