The following regulations are established to increase safety and lessen congestion in the public streets, to adequately provide for parking needs associated with the development of land and increased automobile usage, to set standards for the requirement of off-street parking according to the amount of traffic generated by each use, and to eliminate the on-street storage of vehicles:

A.

The following number of surfaced off-street automobile parking spaces shall be provided for the following particular uses:

1.

Banks, businesses, or professional offices, and buildings not specifically mentioned elsewhere in this subsection shall have one parking space per three hundred square feet of floor area plus one parking space per two employees.

2.

Churches shall have one parking space per six seating spaces in the main sanctuary.

3.

Commercial recreation users shall have one parking space per one hundred square feet of floor area, plus two parking spaces per three employees.

4.

Commercial and trade schools shall have one parking space per three employees, plus two parking spaces per three students.

5.

Convalescent, nursing and other health homes and institutions shall have one visitor parking space per four patient beds, plus two parking spaces per three employees, plus one parking space per staff doctor.

6.

Single-family residential dwellings shall have two parking spaces per dwelling unit.

7.

Multi-family dwellings shall have two spaces for each dwelling unit.

8.

Hospitals shall have one visitor parking space per two patient beds plus two parking spaces per three employees, plus one parking space per staff doctor.

9.

Hotels and motels shall have one parking space per room or suite, plus two parking spaces per three employees.

10.

Industrial, manufacturing and wholesale establishments shall have two parking spaces per three employees based on the largest shift.

11.

Medical clinics shall have five patient parking spaces per staff doctor, plus two parking spaces per three employees, plus one parking space per staff doctor.

12.

Mortuaries or funeral parlors shall have one parking space per twenty-five feet of floor area.

13.

Private clubs and lodge halls shall have one parking space per one hundred feet of floor area.

14.

Restaurants, taverns and lounges shall have one parking space per fifty square feet of floor area.

15.

Retail stores and personal service shops shall have one parking space per two hundred square feet of basement and first floor sales area, plus one parking space per three hundred square feet of sales area on the upper floors.

16.

Schools shall have parking spaces as follows:

a.

Elementary and junior high schools shall have two parking spaces per three teachers and other employees.

b.

Senior high schools, colleges and universities shall have two parking spaces per three teachers and other employees, plus one parking space per five students.

c.

Nursery schools shall have two parking spaces per three teachers and other employees, plus one off-street loading space per eight pupils.

d.

If a school has an auditorium or assembly hall which may be used by persons other than students of the school, the parking requirements set forth under "theaters, auditoriums and places of assembly" shall be used to fulfill the parking requirements of the school, provided the parking spaces are located near both uses.

17.

Theaters, auditoriums and places of assembly shall have one parking space per four people based on the design capacity of the structure.

B.

In any determination of total parking requirements, any fraction less than one-half may be dropped and any fraction of one-half or more shall be counted as one parking space.

C.

Each parking space shall be at least two hundred square feet and shall be a definitely designated stall adequate for one motor vehicle. Adequate access to each stall and to the street or alley shall be provided.

D.

If groups of buildings contain uses which vary in their parking requirements, the number of parking spaces shall be the sum of the individual requirements for each use. However, where peak parking requirements occur at distinctly different times of the day or at different times of the week as determined by the zone administrator, joint parking facilities may be shared by two or more uses.

E.

Except as otherwise provided in subsection G. of this section, all parking facilities and access ways to the parking areas shall paved and maintained with an all-weather durable and dustless bituminous or concrete pavement surface. Such paving shall be installed prior to the establishment of any use on any lot. Any lighting shall be arranged and maintained so that it does not shine directly upon any adjacent residence or street and does not produce excessive glare. Uncovered parking spaces must be at least three feet from any street right-of-way line.

F.

All uses involving receipt or distribution of goods by vehicle shall have space on the premises for the pickup, delivery and service vehicles necessary for normal daily operation. These spaces shall be in addition to the above required parking spaces and shall be subject to subsection E of this section.

If off-street parking space for non-residential uses as required above cannot be provided on the same lot on which the principal use is conducted, the zoning administrator may permit such space to be provided on other off-street property provided such space is within four hundred feet of the main entrance to such principal use. Such off-street parking space shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced nor encroach upon in any manner.

G.

Any business enterprise having five or fewer employees, either full or part time, which is engaged solely in manufacturing activities and does not engage in the sale of goods at retail except in isolated instances may at its option delay the installation of a bituminous concrete (asphalt) or concrete pavement surface as required in subsection E of this section on a previously unimproved lot for a period of not to exceed five years following issuance of a building permit for the first structure built on said lot; provided, however, that during this grace period, all the parking facilities and access ways shall be paved with crushed white rock. Upon the first to occur of any of the following events:

1.

Five years have passed since issuance of a building permit for the first structure built on said lot;

2.

The business enterprise employs more than five full or part time employees at any one time; or

3.

A business enterprise located on the lot at any time engages in the regular retail sale of goods or services;
then the owner of the property and operator of the business enterprise shall become jointly and severally responsible for installing paving in accordance with the requirements of this title.

(Ord. No. 2004-15, § 3, 10-19-2004; zoning ordinance dated 6/3/03 § 12-1.0)

Any occupation which is customarily, in whole or in part, conducted in a residence may be conducted in any dwelling unit provided all of the following criteria are met:

A.

The use for the occupation must be clearly incidental to the use of the dwelling as a residence.

B.

Only one person other than a member of the immediate family residing in the dwelling unit shall be employed.

C.

The total area devoted to such use shall not exceed twenty-five percent of the area of one floor of the dwelling.

D.

No structure or anything exterior to any structure shall indicate that it is being used for any non-residential purpose, except a sign as provided for in Section 17.52.060.

Examples of home occupation are physicians', dentists' or attorneys' offices; dressmaking and tailoring shops; the teaching of a musical instrument to one student at a time; beauty and barber shops; real estate offices and insurance offices.

(Zoning ordinance dated 6/3/03 § 12-2.0)

In the event of a fire or natural disaster which results in the partial or total demolition of a single-family residence making it unfit for human habitation, the zoning administrator, upon application from the owner of such residence, may issue a special permit for the use of a mobile home during rehabilitation of the original residence or construction of a new residence, subject to the following conditions:

1.

The mobile home must be placed on the lot of the home damaged or destroyed;

2.

Required water and sanitary facilities must be provided;

3.

The permit is to be limited to six months, but in the event of circumstances beyond the control of the owner, the zoning administrator may extend the permit for a period or periods not to exceed sixty days, and the foregoing only provided application is made fifteen days prior to expiration of the original permit;

4.

The mobile home is to be removed from the property upon issuance of an occupancy permit for the new or rehabilitated residence;

5.

The applicant gives express consent and authorizes the village to remove the shelter at his or her expense upon termination of permit.

(Zoning ordinance dated 6/3/03 § 12-3.0)

A.

Fallout Shelters. Fallout shelters are permitted in any zone, subject to the yard and lot coverage regulations of the zone. These shelters may contain or be contained in other structures or may be constructed separately.

B.

Swimming Pools. Private swimming pools are permitted in any residential zone provided that no swimming pool or part thereof, including but not limited to aprons, walks and equipment rooms shall protrude into any required yard. Swimming pools must be fenced or otherwise protected against intrusion. No private swimming pool shall be operated as a business or as a private club.

C.

Fences, Walls and Hedges. This subsection is intended to provide for the maximum safety of persons using the sidewalks and streets, and to provide for the maximum enjoyment of the use of property.

1.

Clear View of Intersecting Streets. On any corner lot, surface grading shall be such as to permit unobstructed vision between the heights of two and one half and ten feet within the sign triangle formed by the center of the intersection and two points fifty feet distant, each point being on the center line of any intersecting street.

2.

Heights of Fences, Walls and Hedges. Fences, walls and hedges are permitted in a required side or rear yard provided they do not exceed eight feet in height. Except as otherwise provided in section 17.48.070, fences, walls and hedges are permitted in any front yard provided that a solid fence, wall or hedge does not exceed two and one-half feet in height and a fence, wall or hedge which has visibility through it (for example, a chain-link fence) does not exceed four feet in height.

D.

Tents. No tent shall be used, erected or maintained as living quarters. Tents used in commercial or industrial zones or tents used for camping purposes wherever permitted shall be of a temporary nature.

E.

Number of Buildings per Lot. In any zone where single-family dwellings are permitted, only one principal building shall be permitted on any one lot, except that schools and health medical complexes may have more than one principal building, and, except for the resort housing uses which shall remain under single ownership and control.

F.

Division of a Lot. No recorded lot shall be divided into two or more lots unless such division results in the creation of lots each of which conforms to all of the applicable regulations of the zone in which the property is located. Such a lot split shall require a surveyor's plat. No further reduction in the size of a recorded lot, which would render the lot unable to meet the requirements of this title, shall be permitted.

G.

Principal Uses Without Buildings. Where a permitted use of land involves no structures, the use shall comply with all yard and minimum lot area requirements applicable to the zone in which it is located.

H.

Adequate Access. Each lot shall have direct access to, and have frontage on, an improved, approved street, with a minimum width of thirty feet.

I.

Outdoor Storage. The outdoor storage of goods, materials or merchandise is prohibited in all commercial and industrial zoning districts except as specifically allowed by special use in selected commercial and industrial districts.

J.

Limitations on Semi-Trailers. The placement and use of semi-trailers within the Village shall be subject to the following limitations:

1.

Semi-trailers shall not be utilized for storage purposes except on a temporary basis for a total period not to exceed thirty days.

2.

Semi-trailers may not be placed, stored or parked in any residential district except when making a delivery.

3.

Except with respect to lawfully established commercial trucking operations, no semi-trailer may be placed, stored or parked in any agricultural, commercial or industrial district outside of a totally enclosed permanent building for more than thirty calendar days during any period of ninety consecutive calendar days.

4.

No semi-trailer shall be used as either an accessory building or structure or as a principle building or structure anywhere within the village.

For the purposes of this section, the term "semi-trailer" shall have the meaning established at Section 10.04.220 of the Metamora Municipal Code, 2003; provided, however, that the term "semi-trailer" shall also include any structure or vehicle originally constructed as a semi-trailer which is no longer capable of being drawn by a motor vehicle as a consequence of the removal of wheels, axles or other components.

K.

Limitations on Waste Dumpsters. Waste dumpsters may not be present on any lot located within the R-1, R-1A or R-2 zoning districts for more than thirty calendar days during any period of one hundred twenty consecutive calendar days; provided, however, that if a building permit has been issued for construction of or improvements to a structure, the zoning administrator may authorize the presence of a waste dumpster on the property being improved during the term of such building permit for an additional period not exceeding sixty days. Any other provision of this section of the contrary notwithstanding, any waste dumpster which has been filled to its capacity must be removed from any lot, regardless of its zoning classification, within five business days after the waste dumpster has been filled to capacity.

L.

Limitations on Portable Storage Containers. Portable Storage Containers may be located on lots in the R-1, R-1A and R-2 zoning districts subject to the following limitations:

1.

The owner of each portable storage container and the owner or occupant of a lot upon which a portable storage container is placed shall be jointly and severably responsible for providing written notice of such placement to the zoning administrator within twenty-four hours of placement.

2.

No portable storage container shall have a width greater than eight feet, a height greater than eight feet six inches or a length greater than sixteen feet.

3.

No more than one portable storage container may be located on a given lot at any given time.

4.

Portable storage containers may be used only to store household items and may not be used to store contractor materials and equipment, solid waste, hazardous materials, explosives or any unlawful substance or material.

5.

Portable storage containers located in the required front yard shall be placed on the driveway at least ten feet from the nearest curb or pavement and not on the public right-of-way.

6.

Portable storage containers located in the required rear yard shall be placed at least five feet from any lot line.

7.

No portable storage container may be present on any lot for more than thirty calendar days during any period of three hundred sixty-five consecutive calendar days; provided, however, that the zoning administrator may approve the placement of a portable storage container on a given lot for an additional period of thirty days during any period of three hundred sixty-five consecutive calendar days if all of the following conditions are met:

a.

A principal residential structure located on the lot is damaged or dilapidated; and

b.

The principal residential structure is undergoing renovation, repair or reconstruction during the extension of time; and

c.

The zoning administrator has issued a building permit for renovation, repair or reconstruction of the residential structure which permit remains valid during the extension of time; and

d.

The portable storage container is removed from the lot upon the expiration of the extended period approved by the zoning administrator or within ten days after work on the principal residential structure has been completed, whichever first occurs.

(Ord. No. 2013-7, § 2, 6-18-2013; Ord. No. 2012-7, § 2, 7-17-2012; Ord. No. 2009-13, § 1, 11-3-2009; zoning ordinance dated 6/3/03 § 12-4.0)

A.

Purpose. The planned residential development is a concept which encourages improved design in the development of land by providing relief from rigid zone requirements which are designed for conventional developments but which may cause undue hardship or complication for desirable but unconventional development.

In addition to the general purpose of this title, the purpose of this section is to establish standards and procedures for planned development in order that the following objectives may be obtained:

1.

Environmental design in the development of land that would be better than is possible through the strict application of ordinance requirements.

2.

Diversification in the uses permitted and variation in the relationship of residential uses, structures, open spaces and heights of structures in developments conceived as cohesive unified projects.

3.

Provision for functional, aesthetic and beneficial use of open areas.

4.

Preservation of natural features of the site.

5.

Provision for a safe and desirable living environment for residential areas characterized by a unified building and site development program.

6.

Rational and economic development in relation to public services.

7.

Creation of a variety of housing types, within compatible neighborhood arrangements, to provide a greater choice of types of environment and living units.

B.

Permitted Uses. In a planned development, any uses permitted in the R-1 and R-2 zones of this title may be permitted subject to the criteria established in this section and Chapter 17.04, Purposes. No use shall be permitted except in conformity with a specific and precise final development plan pursuant to the procedural and regulatory provisions hereinafter set forth.

C.

Qualifying Requirements for a Planned Development.

1.

Community sanitary sewage and potable water facilities connected to publicly owned systems shall be required in any planned residential development.

2.

A recent aerial photo of the site and a USGS topographical map, each including an area one-half mile from the boundaries of the site at a reasonable scale, but not less than one inch equals four hundred feet, shall be provided, signed and dated by the applicant.

3.

A planned residential development application shall not be eligible for further consideration upon determination of a majority vote of the members of the village board that it is being used to circumvent the intent of other applicable village regulations without regard to the purposes of this section as outlined in subsection A of this section.

4.

The proposed planned residential development must be a minimum of fifteen acres.

5.

In addition to the requirements of this section, the requirements of the village of Metamora subdivision ordinance shall apply to planned residential developments; where this section conflicts with the subdivision ordinance, this section shall be deemed to control.

6.

The total acreage involved in the proposed planned residential development must be under single ownership and control at the time the preliminary development plan is submitted.

D.

Standards. For any approved planned development the regulations and standards established in this section may be substituted for the zoning regulations and general regulations set forth elsewhere in this title. Where the planned development section conflicts with any other section, the planned development section shall be deemed to control.

1.

All rights-of-way in a planned development shall be dedicated to public use. They shall be constructed in accordance with standards required by the village of Metamora subdivision regulations.

2.

The overall density of the planned residential development shall not exceed the density rate permitted in the zoning district in which it is located.

E.

Site Design—General. The planned residential development shall be more beneficial to residents or occupants of such developments and neighboring properties than a conventional development because of a thorough application of professional standards of excellence. It should be prepared by professional persons: architects, city planners, engineers, landscape architects and surveyors. The benefits and improved design of the resulting development must justify the intended deviation from the normal requirements of this title. The following suggestions should be given particular consideration when designing a planned residential development:

1.

Areas for Recreation and Other Outdoor Benefits and Uses. The open space and the proposed use of such space must be appropriate and proportionate to the scale and character of the planned residential development indicated by its size, density, topography and number of types of dwelling units;

2.

The conservation of significant natural resources such as flood plains, wet lands, forests and scenic areas and vistas;

3.

Surface drainage and floodwater retention;

4.

Maximum separation of vehicular traffic from pedestrian ways and play areas;

5.

Adequate Parking. The number of parking spaces shall not be less than required for similar individual uses by the zoning ordinance;

6.

A unified design based on harmonious architectural character, compatible materials and an orderly arrangement of structures and open spaces;

7.

Sites for schools, recreation areas, streets, public buildings and similar public facilities which are proportionate to the scale and character of the development;

8.

The relationship of the development to surrounding uses and property;

9.

Setback on the perimeter of the planned residential development great enough to protect the privacy and amenity of adjoining uses both existing and anticipated. In no case shall the setbacks on the perimeter be less than those required in the zone adjacent;

10.

Spacing between buildings so that adequate light and ventilation reaches each dwelling unit;

11.

The provision of safeguard facilities for the safety of the residents from fire and tornado.

F.

Site Planning—External Relationships. Site planning for the planned residential development shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences in the development.

1.

Principal vehicular access shall be from collector or major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. In no case shall streets connect in such a way as to encourage use of minor streets for through traffic.

2.

Any access for pedestrians and cyclists entering or leaving a planned residential development shall be arranged to provide safe and convenient routes.

3.

To protect the safety at intersections for pedestrians, cyclists and automobile drivers, there shall be no impediment to visibility between the heights of two and one-half feet and ten feet within the triangular area formed by the center of the intersection and two points fifty feet distant, each point being on the center line of an intersecting street.

G.

Site Planning—Internal Relationships (General). The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular:

1.

Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles, but streets shall not be laid out so as to encourage outside traffic to traverse the development on minor streets.

2.

Vehicular access to streets from off-street parking and service areas shall be designed to channel traffic from and to such areas in a manner which promotes free traffic flow.

3.

Walkways shall form a safe and convenient system for pedestrian use.

4.

Yards, courts and other open spaces required herein in relation to structures containing dwelling units are intended to assure adequate privacy, desirable outlook, access to and around buildings, and spaces between buildings.

H.

Pre-application Conference. Before submitting an application for a planned residential development, the applicant shall confer with the planning commission to obtain information and guidance before entering into binding commitments or incurring substantial expense.

I.

Application Procedures. The application process shall consist of two steps if no zoning change is needed for the planned residential development and three steps if a zoning change is needed.

J.

Outline Development Plan. If a zoning change is necessary, the developer shall submit an outline development plan as the first step in obtaining approval of a planned residential development. The following information is required at this stage:

1.

A general map of the planned residential development which includes the proposed land uses, natural features of the site, the character and approximate density of the dwellings, the location of streets and the water, sewer and drainage systems;

2.

A written statement which contains an explanation of the size and character of the planned residential development, a statement explaining the present ownership of all land within the planned residential development and an expected schedule of construction;

3.

A soils analysis prepared pursuant to a recommendation by the Woodford County Soil and Water Conservation District which includes a statement of possible soils limitation for each major soil type involved.

K.

Approval of Outline Development Plan. The application and accompanying drawings shall be submitted to the zoning administrator who shall submit them to the planning commission. The planning commission shall then follow the steps for a zoning map amendment as required in Section 17.64.110.

If the zoning map amendment is granted, the developer may proceed within the preliminary development plan.

L.

Preliminary Development Plan. When no zoning map change is required, the submission of a preliminary development plan is the first step towards approval of the planned residential development; when a zoning map change is necessary and has been granted, the preliminary development plan is the second step. In either case, the application for approval of the preliminary development plan shall also be considered the application for a special use permit as outlined in Section 17.64.120. Approval of the preliminary development plan shall automatically be considered approval of the special use permit; denial of the preliminary development plan shall automatically be considered denial of the special use permit.

The following items are required on the preliminary development plan:

1.

A map showing streets, lots, parcels and sites for all uses included in the planned residential development, including areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, public buildings and similar public and quasi-public uses or common use areas;

2.

A plot plan for each building site and common open area, showing the approximate location of all buildings, structures and improvements and indicating the open space around building and structures;

3.

Schematic design presentation indicating the architectural character of all proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail;

4.

A development schedule indicating: (1) the approximate date when construction of the project can be expected to begin; (2) the stages in which the project will be built and the date when construction of each stage can be expected to begin; (3) the date when the development of each of the stages will be completed; and (4) the area and location of a common open space that will be provided at each stage;

5.

Proposed agreement, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned residential development and any of its common open areas or other facilities;

6.

A market analysis, feasibility report and statement of proposed financing;

7.

If the planning commission finds that the planned residential development creates special problems, the following information may be required:

a.

A circulation diagram indicating the proposed movement of vehicles and pedestrians within the development to and from existing thoroughfares,

b.

A landscaping and comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area;

M.

Approval of Preliminary Development Plan.

1.

The application and accompanying drawings shall be submitted to the planning commission. Within ninety days of the date of application, the planning commission shall hold a public hearing and approve, conditionally approve or deny the application and recommend accordingly to the village board.

2.

The planning commission, in making its recommendation to the village board, shall include not only conclusions but findings of fact relating to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest including findings of fact on the following:

a.

In what respects the proposed plan is or is not consistent with the stated purpose of the planned residential development regulations,

b.

The extent to which the proposed plan does or does not conform to the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to, the density, dimension, area, yard and use,

c.

The physical design of the proposed planned residential development and the manner in which the 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,

d.

The compatibility of the proposed planned residential development with the adjacent properties and neighborhood,

3.

Before making any recommendation to the village board, the commission shall give notice to any governmental agency within one and one-half miles of the boundary of any part of the proposed planned residential development.

4.

The village board shall then, within thirty days of receiving a recommendation from the planning commission, approve, conditionally approve, or deny the application. If the application is approved, the zoning administrator shall show on the zoning map the planned residential development, subject to final development plan approval. If the application is conditionally approved, the zoning administrator shall not show the planned residential development on the zoning map until the developer submits written modifications to the preliminary development plan. If the application is denied, the case is closed and nothing shall be shown on the zoning map.

N.

Final Development Plan. Within one year following the approval of a preliminary development plan, the applicant shall file with the zoning administrator a final development plan, containing in final form the information contained in the preliminary development plan. The final development plan shall include the following:

1.

A final land use plan suitable for recording with the recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots, as well as the division of other lands not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general;

2.

An accurate legal description of the entire area within the planned residential development;

3.

If subdivided lands are included in the planned residential development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat;

4.

An accurate legal description of each separate unsubdivided use area, including common open space;

5.

Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed;

6.

Certificates, seals and signatures required for the dedication of land and recording the document;

7.

Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre;

8.

Landscaping plan;

9.

Utilities and drainage plans;

10.

Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned residential development and any of its common open areas or other facilities;

11.

Final development and construction schedule.

O.

Approval of Final Development Plan.

1.

The planning commission shall review within ninety days of the date of application the final development plan and shall recommend approval if it is in substantial compliance with the preliminary development plan. The planning commission shall certify to the village board that the final development is in conformity with the previously filed preliminary development plan.

The village board shall approve the final development plan if it is in conformity with the preliminary development plan, the provisions of subsection N of this section, and the subdivision regulations of the village, and pass an ordinance approving it.

2.

If the planning commission finds that the final development plan does not substantially conform to the preliminary development plan it shall then give public notice of a hearing. In addition to the usual public notice, the commission shall give notice to any person who has indicated in writing that he or she wishes to be notified. After the hearing, the commission shall submit to the village board its recommendations, together with findings of fact indicating in what respect the final development plan is inconsistent with the preliminary development plan and the justification, if any, for such deviations. The village board shall then approve, approve with modifications or disapprove the final development plan.

3.

Upon approval of the final development plan by the village board, the village clerk shall record a copy of the final development plan including the plat with the recorder of deeds, and the zoning administrator shall issue a building permit for the construction of the planned development.

P.

Zoning Administration—Permits. The zoning administrator shall issue building permits only for construction in areas covered by the final development plan. However, the zoning administrator shall not issue an occupancy permit for any building unless the open space and public facilities allocated to that stage of the development schedule have been conveyed to the proper authorities.

Q.

Enforcement of Development Schedule.

1.

If so desired, the developer may develop the planned residential development in stages. While the final development plan must cover the planned residential development in its entirety, the developer may submit a detailed development schedule which constructs the planned residential development in stages. The advantage to this development in stages is that occupancy permits can be issued before the entire planned residential development is developed.

2.

The zoning administrator shall periodically review all of the permits issued for the planned residential development, examine all construction that has taken place on the site, and compare actual development with the approved development schedule.

3.

If the zoning administrator finds that no construction has begun in the time stated in the development schedule, or that the developer has failed to meet the development schedule, he shall so notify the planning commission. The planning commission shall, within thirty days of notification, recommend to the village board to either extend the limits of the development schedule or revoke the recorded final development plan and special use permit. The village board shall then, within thirty days of the date of any recommendation of the planning commission, make a decision and so notify the developer in writing.

R.

Amending Final Plan. No changes may be made to the approved final development plan during the construction of the planned residential development except upon the application to the appropriate agency under the following procedures:

1.

Minor changes in the location, siting and height of buildings and structures may be reviewed and authorized by the planning commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the volume of any building or structure by more than ten percent.

2.

All other changes in time schedule and in use, and rearrangement of lots, blocks and building tracts, any changes in the provision of common open space and all other changes in the approved final development plan shall be authorized by the village board upon recommendation of the planning commission under the procedure outlined in this title for approval of a special use permit. No amendments may be made in the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved. A self-imposed hardship shall not be a valid reason for change.

3.

Any changes approved shall be recorded as amendments to the recorded copy of the final development plan before they have any effect.

S.

Post-Completion Regulations.

1.

The zoning administrator shall issue a certificate certifying the completion of the planned development upon recommendation of the planning commission. The village clerk shall note the issuance of the certificate on the recorded final development plan.

2.

After the certificate of completion has been issued, the uses of land and construction, modification or alterations of any buildings or structures within the planned development will be governed by the approved final development plan rather than by any other provision of this zoning ordinance.

3.

After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedure provided below:

a.

Any minor extensions, alterations or modifications of existing buildings or structures will be reviewed by the planning commission for conformity with the purpose and intent of the final development plan.

b.

A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved.

c.

All other changes in the final development plan must be made by the village board under the procedure outlined in this title for approval of a special use permit. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned residential development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the village.

d.

No changes in the final development plan which are approved under this section are to be considered as a waiver of the covenants limiting the use of land, buildings, structures and improvements within development plan area, and all rights to enforce these covenants against any changes permitted by this section are expressly reserved.

(Zoning ordinance dated 6/3/03 § 12-5.0)

The parameters for a Traditional Neighborhood Development Overlay District shall be as in Exhibit A, attached to Ord. No. 2007-2 and incorporated herein as if set out in its entirety.

(Ord. No. 2007-2, § 7, 4-3-2007)

The following regulations are established to promote the public health and safety by reducing the distractive characteristics of signs along public streets and highways, by prohibiting all signs which interfere with public traffic control devices, and by assuring adequate standards for the erection and maintenance of signs and/or sign structures. These regulations are also established to regulate the size, height, location and general characteristics of signs to protect and enhance the physical appearance of the community.

A.

General Provisions.

1.

No sign shall prevent free ingress or egress from any door, window or fire escape.

2.

No sign shall obstruct from any door or window the light and ventilation required by other provisions of this title, or any other ordinance of the village.

3.

No sign shall be attached to a tree or utility pole on public property for longer than fifteen days.

4.

No sign shall be located on vacant property except a sign advertising the premises for sale or lease and which meets the standards of subsection B of this section.

5.

The lighting used in any illuminated sign shall be such that only the sign itself, and not the area surrounding it, will be illuminated. In no case shall exposed bulbs or strobe lights be allowed.

6.

Signs of the size, location, movement, content, coloring or matter of illumination which may be confused with, or construed as a traffic control device, or which hide from view any traffic or street sign or signal, are prohibited. No sign or other advertising structure shall be erected at the intersection of any street in such a manner as to obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "stop," "look," "danger" or any other word, phrase, symbol or character, in such manner as to interfere with, or mislead or confuse pedestrians or operators of vehicles upon the thoroughfare.

7.

Any sign which is hereafter unlawfully installed or maintained, or which ceases to be used for a period of sixty days, or in which the business it advertises has not been conducted on the premises for a period of sixty days, shall be removed by the owner or lessee of the premises on which the sign is located. Upon the failure of the owner or lessee to remove the sign, the zoning administrator shall give written notice of conformance to the owner, who will be required to remove the sign within twenty days from the date of the notice. If the owner does not comply, the zoning administrator shall have the sign removed and any expense incident thereto shall be paid by the owner or a lien placed against his property.

8.

The effect of local wind pressure shall be thoroughly considered in the design and installation of all signs. The building code of the village providing for minimum wind loads shall be applicable in construing this section.

9.

The owner, lessee or person in control of any sign shall be required to keep such sign properly maintained at all times.

10.

Any sign which flashes on and off or revolves or is animated in any way is prohibited unless written permission is obtained from the zoning administrator. Exceptions to this are public traffic control devices, dial clocks and time and temperature devices.

11.

Illuminated signs shall be permitted only in the C-1 neighborhood business district, the C-2 central business district, the C-3 highway commercial district, the I-1 light industrial district and the I-2 heavy industrial district, except as provided in subsection B of this section.

B.

Signs Allowed in All Zoning Districts Without a Permit. The following signs are permitted in all zoning districts provided they comply with the conditions and limitations set forth herein. Such signs may not be illuminated unless otherwise specified.

1.

Public Signs. Signs of a public, noncommercial nature, to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques, and the like, and all signs erected by or on order of a public officer in the performance of a public duty. Such signs may be illuminated;

2.

Flags. Flags bearing the official design of a nation, state, municipality or educational institution. Flags may be illuminated;

3.

Identification Signs. Free-standing or wall signs which identify permitted use, owner or resident, and set forth the address of the premises where the sign is located, and which contain no other material. One such sign is allowed per lot provided any lettering is not over four inches in height, the sign is not more than three feet high, and the area of the sign does not exceed three square feet. No sign shall be closer than ten feet to the property line or one-half the front yard depth, whichever is less. This provision does not apply to mailboxes which are not attached to a building;

4.

Integral Signs. Names of buildings, dates of construction, commemorative tablets and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the building or structure;

5.

Institutional Signs. Any sign or bulletin board setting forth or denoting the name of or simple announcement for any public, charitable, educational or religious institution when located on the premises of such institution, provided such sign or bulletin board or both shall not exceed a total of twenty square feet in display surface. One such sign is allowed per property not to exceed five feet in height. No such sign shall be closer than ten feet to the property line or one-half the front yard depth, whichever is less. Such signs may be illuminated.

6.

Private Traffic Direction Signs and Related Signs. Signs directing traffic movement onto a premise or within a premise, when such signs are located on the premise, do not exceed four square feet in area for each sign and do not exceed five feet in total height. Such signs must be free-standing or wall-mounted and no sign shall project into a public way.

Such signs are considered to include parking directions, exit or entrance signs, drive-up window signs, restroom signs and the like. Horizontal directional signs on and flush with paved areas are exempt from these standards.

7.

Community Event Signs. Signs advertising a public entertainment or event of public interest. These signs shall remain in place for no more than twenty-one days before and fourteen days after the event and may not exceed ten square feet in area. Signs placed over a public way shall be at least fifteen feet above ground level.

8.

Political Campaign Signs. Signs or posters announcing the candidates seeking public political office and/or political issues, and data pertinent thereto, up to an area of ten square feet.

These signs shall be confined to private property, have the consent of the property owners, and shall be removed within seven days after the election for which they were erected.

9.

Individual Property Sale or Rental Signs. Any on-premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered.

Signs may be free-standing or wall mounted only. Signs must be removed within fourteen days after sale or rental of property. No sign shall be closer than ten feet to a property line or one-half the front yard depth, whichever is less:

The following standards shall apply:

10.

Subdivision Signs. Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the subdivision of property and announcing the character of the subdivision, the purpose for which it is intended, or the sale of lots.

These signs shall be confined to the site of the subdivision and shall be permitted for one year from the date of erection of the first of such signs. If development of the subdivision is not completed within one year after erection of the signs, the sign shall be permitted to exist an additional period not to exceed one year, with the consent of the zoning administrator.

One sign per street bordering or entering the subdivision shall be permitted. No sign shall be greater than twenty-five square feet or ten feet in height for a residential or commercial subdivision, or fifty square feet or twenty-five feet in height for an industrial subdivision. No sign shall be closer than ten feet to a property line or one-half the front yard depth, whichever is less.

11.

Construction Signs. Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building or announcing the character of the building enterprise or the purpose for which the building is intended, or to indicate the presence of underground public utility structures to avoid damage to structures by excavation.

Such signs shall be confined to the site for the construction, alteration or repair and shall be removed within twenty-one days after completion of the work. Standards for such signs shall be as for individual property sale or rental signs under subsection (B)(9) above.

12.

Holiday Signs. Signs or displays which contain or depict a message pertaining to a national, state, community or religious holiday, and no other matter, and which are displayed for a period not to exceed forty-five days. Such signs may be illuminated.

13.

Underground Public Utility Warning Signs. Standard types of warning signs marking the routes of underground public utility pipes, conduits and cables.

C.

Permitted Signs—AG Agricultural District. Signs advertising the sale of agricultural products grown or produced on the property. No sign shall exceed twenty square feet in area and be placed closer than ten feet to the property line. The zoning administrator may require a greater setback or other location so that such sign will not obstruct the view of any highway, intersection, private driveway or other point of ingress or egress. One wall sign on the front facade of the retail structure plus one other sign, either free-standing or projecting, is permitted.

D.

Permitted Signs—R-1 Residential District. No other signs besides those listed under subsection B of this section are permitted in the R-1 residential district.

E.

Permitted Signs—R-2 Residential District. For single-family dwellings, the provisions of subsection D of this section shall apply. For multiple-family dwellings, a single identification sign not exceeding ten square feet in area and indicating only the name and address of the building(s) and the name of the management thereof may be displayed. Such sign shall not project higher than six feet above curb level and shall not project into the public way. It shall be located at least ten feet behind the property line. One free-standing sign is permitted per apartment grouping under single ownership.

F.

Permitted Signs—C-1 Neighborhood Business District. The following signs are permitted in the C-1 neighborhood business district provided they do not project into a public way and they advertise only a business conducted in the building or on the premises of which such sign is placed. One wall sign plus one free-standing or projecting sign is permitted per business.

1.

If the property is a residential use, the requirement of subsection E of this section shall apply.

2.

Free-standing signs shall not exceed ten square feet in area and six feet in height. They shall be located ten feet back from the property line or one-half the front yard depth, whichever is less.

3.

Projecting signs shall not exceed ten square feet in area and shall not project above the roof of the building. The bottom-most portion of the sign must be at least eight feet above the finished grade of the sidewalk or ground beneath it.

4.

Wall signs shall not exceed five percent of the total square footage of the face of the building, including doors and windows.

G.

Permitted Signs—C-2 Central Business District. The following signs are permitted in the C-2 central business district provided they advertise only a business conducted in the building or on the premises of which such sign is placed. One wall sign plus one free-standing, projecting, awning or marquee sign is permitted per business.

1.

For residential uses, the requirements of subsection E of this section shall apply.

2.

Free-standing signs shall not exceed thirty square feet in area and twenty feet in height or the height of the building, whichever is less. No part of the sign may extend into a public way.

3.

Projecting signs shall not exceed thirty square feet in area and shall not exceed the height of the building. The bottom-most portion of the sign must be at least eight feet above the finished grade of the sidewalk beneath it. Projecting signs may extend into the public way but cannot be closer than two feet to any curb line.

4.

Wall signs shall not exceed twenty percent of the total square foot area of the face of the building, including doors and windows.

5.

Signs attached to awnings or marquees may not project more than twelve inches from the structure and may not exceed ten square feet in area. The bottom-most portion of the awning, marquee or sign attached thereto, must be at least eight feet above the finished grade of the sidewalk beneath it. Such structures, with attached signs, may extend into the public way but shall not be closer than two feet to any curb line.

H.

Permitted Signs—C-3 Highway Commercial District. The following signs are permitted in the C-3 highway commercial district provided they do not extend into a public way and they advertise only a business conducted in the building or on the premises of which such sign is placed. Each business is allowed one wall sign plus one free-standing, projecting or roof sign. For every additional two hundred feet of frontage after an initial two hundred feet, one additional freestanding or projecting sign is allowed:

1.

Free-standing signs shall not exceed one hundred square feet in area and shall be no more than twice the height of the building of forty feet, whichever is less. Such signs must be at least twelve feet from the property line.

2.

Projecting signs shall not exceed fifty square feet in area and shall not project above the roof of the building. The bottom-most portion of the sign must be at least eight feet above the finished grade of the sidewalk or ground beneath it.

3.

Roof signs shall not exceed one hundred square feet in area, and shall not exceed ten feet in height as measured from that portion of the roof directly beneath the sign. Signs must be located wholly within the roof area of the structure.

4.

Wall signs shall not exceed twenty percent of the total square footage of the face of the building, including doors and windows.

I.

Permitted Signs—I-1 Light Industrial District. The following signs are permitted in the I-1 light industrial district provided they do not extend into a public way and they advertise only a business conducted in the building or on the premises of which such sign is placed. Each business is allowed one wall sign plus one free-standing, projecting or roof sign. For every additional three hundred feet of frontage after an initial three hundred feet, one additional free-standing or projecting sign is allowed.

1.

Free-standing signs shall not exceed two hundred square feet in area and shall be no more than twice the height of the building or seventy-five feet, whichever is less. Such signs must be at least twelve feet from the property line.

2.

Projecting signs shall not exceed one hundred square feet in area and shall not project above the roof of the building. The bottom-most portion of the sign must be at least eight feet above the finished grade of the sidewalk or ground beneath it.

3.

Roof signs shall not exceed two hundred square feet in area, and shall not exceed ten feet in height as measured from that portion of the roof directly beneath the sign. Signs must be located wholly within the roof area of the structure.

4.

Wall signs shall not exceed twenty percent of the total square footage of the face of the structure, including doors and windows.

J.

Permitted Signs—I-2 Heavy Industrial District. Same as for I-1 light industrial district, subsection I of this section.

K.

Permitted Signs—Shopping Centers. In lieu of the general sign provisions enumerated in subsection H of this section, shopping centers may elect the sign regulations in this section. Election to erect signs authorized under this section precludes the erection of any signs authorized under subsection H of this section.

One free-standing sign per frontage on roads surrounding the shopping center is permitted. Signs may identify the shopping center as a whole and/or individual businesses therein. Such signs shall not exceed seventy-five square feet in area and forty feet in height. No sign shall be closer than fifteen feet to the lot line.

Wall signs and projecting signs shall be permitted on the exterior of individual businesses in the shopping center, and only the names of individual businesses shall be permitted on the signs. One wall sign per business, not to exceed ten percent of the exterior facade of the business, shall be permitted.

L.

Permitted Signs—Home Occupations. The following standards apply to home occupations as described in Section 17.52.020 and to special uses approved pursuant to Section 17.20.030(E): one wall-mounted sign not exceeding an area of four square feet, which identifies the name and nature of the business or occupation conducted therein, and which contains no other material.

M.

Permits and Fees.

1.

Requirements. It is unlawful for any person to install, construct, erect, alter, reconstruct, relocate any sign or cause to have these done within the jurisdiction area of the village of Metamora without obtaining a valid permit in writing from the zoning administrator and making payment of the fees required by subsection (M)(3) of this section, unless such signs are permitted without a permit by subsection B of this section.

Relocation or reconstruction of signs to conform with the requirements of this title, when such signs existed at the time of enactment of the ordinance codified in this title, is excepted from the requirement for a permit as described, provided such signs conform to all requirements of this title thereafter.

2.

Application for Permit. Application for a sign permit shall be filed by the owner of the sign or his agent with the zoning administrator of the village. The application shall contain the following information:

a.

Name, address and telephone number of the owner of the sign, and agent, if any;

b.

Location of building, structure or lot to which or upon which the sign is to be attached or erected;

c.

Position of the sign in relation to nearby buildings or structures;

d.

Two prints or ink drawings of plans and specifications indicating the method of construction and attachment to the building or in the ground; no such prints or ink drawings shall be required when the drawings for the sign are already on file in the village;

e.

Name of person, firm, corporation or association erecting sign;

f.

Evidence of written consent of the owner of the building, structure or land to which or on which the sign is to be erected, unless the applicant is the owner;

g.

Such other information as the zoning administrator shall require to show full compliance with this and all other laws and ordinances of the village.

3.

Fees. For each sign requiring a permit under this title, a fee shall be paid prior to the issuance of a permit. The fee charged shall be two dollars per thousand dollars or fraction thereof of the installed cost, with a minimum of five dollars.

4.

The applicant who has been issued a permit for construction, installation, erection, relocation or alternation of a sign shall, upon completion of the work, notify the zoning administrator who shall inspect the condition of the sign with respect to its safety and location and if he or she finds that the same has been constructed in compliance with the ordinances of the village he or she shall then issue such applicant a permit in writing, authorizing such applicant to operate and maintain the sign.

5.

Nullification. If the work authorized under a permit to build has not been substantially completed within six months after the date of issuance, the permit shall become void.

6.

Permit Exceptions. The following operations shall not be considered as creating a sign and shall not require a sign permit:

a.

The changing of an advertising copy or message on an approved sign;

b.

Painting, cleaning or other normal maintenance and repair of a sign or sign structure.

7.

Issuance. A sign permit shall be issued by the zoning administrator within thirty days of the date of application provided all of the requirements of subsection M of this section are met.

N.

Structural Standards.

1.

Any sign requiring a permit and exceeding nine square feet in area shall be made of a noncombustible material. Decorations, lettering and moldings may be of a combustible material.

2.

Signs, awnings, canopies, marquees, etc., shall be securely attached to the building or structure by bolts, anchors, chains, rods or guys. No wood blocks or anchorage with wood used in connection with screws or nails or staples shall be considered proper anchorage. No sign shall be entirely supported by an unbraced parapet wall.

3.

Illuminated signs shall be wired in metal conduit by a licensed electrician.

4.

Signs shall comply with all applicable village codes.

O.

No person shall erect, structurally, alter, rehang, maintain or replace any sign which projects over any street, alley, sidewalk or other public place unless he or she shall have filed with the village clerk a certificate of bond, with sureties to be approved by the village board, in the amount of fifteen thousand dollars payable to the village, conditional upon the construction, erection and maintenance of such sign in accordance with all the provisions of this section, and conditional further to indemnify, save and hold harmless the village, its agents and officials from any and all claims, damages, liabilities, losses, actions, suits or judgments which may be sustained, brought or secured against the village, its agents and officials as a result of such sign, or any part thereof, or by reason of any accident caused by or resulting therefrom.

P.

Nonconforming Signs. Any sign which was a lawful, existing sign prior to the date of passage of the ordinance codified in this title, but was made nonconforming by virtue of this title, shall be discontinued or made to conform within five years of the date of passage of such ordinance.

(Zoning ordinance dated 6/3/03 § 12-6.0)

In recognition by the village of the potential impact of mobile home parks upon neighboring property and public facilities, the following regulations are adopted to ensure that future parks will be well designed and will adhere to high standards of development:

A.

Any application for a special use permit to construct and operate a mobile home park shall be accompanied by the following items, for consideration by the planning commission and village board:

1.

A site plan that includes: (1) the area, and all angular and linear data along the exterior boundaries, of the tract of land containing the mobile home park; (2) all streets, alleys, pedestrian walks and ways for public service facilities; (3) location and area of all recreational space and other public grounds; (4) location of each permanent building site; (5) land topography at two feet intervals; (6) names of all streets; (7) location of each mobile home space and each pad within the space;

2.

A circulation diagram indicating the movement of vehicles, goods and pedestrians within the park, and to and from existing public streets;

3.

A comprehensive drainage plan with analysis of the impact the park creates on the site and on the surrounding areas;

4.

A comprehensive landscaping plan that guarantees techniques and foliage types that are consistent with surrounding areas;

5.

A development schedule indicating the approximate date construction of the park will begin and the date all development of the park will be completed;

6.

A statement of proposed financing and a feasibility report.

B.

All mobile home parks shall be planned and constructed in accordance with the following standards and specifications:

1.

The minimum area of a mobile home park shall be five acres, and the average density of mobile home spaces shall not exceed eight per acre.

2.

Each mobile home space shall contain a minimum of three thousand six hundred square feet.

3.

Each mobile home space shall have a minimum width of forty feet.

4.

Each mobile home shall be located on a mobile home spare and shall be the only principal building on the space.

5.

Each mobile home space shall be provided with a concrete pad containing a minimum of six hundred square feet.

6.

Each concrete pad shall be provided with eyelets imbedded in the concrete with adequate anchor plates or hooks. The anchorage shall be adequate to withstand wind forces and uplift as required in the village building code, based upon the size and weight of the units.

7.

The minimum front yard setback shall be ten feet.

8.

The minimum side yard setback shall be five feet. The concrete pad shall be located in a manner to allow for this side yard requirement and still allow the mobile home to be centered on the pad.

9.

Each mobile home space shall be provided with two off-street parking spaces, each of which shall have direct access to the street.

10.

Each mobile home space shall be provided electrical service supplying at least 110-115/220-230 volts and one hundred amperes.

11.

Each mobile home space shall be provided facilities to allow for the hookup to municipal water and sanitary sewer facilities.

12.

Each mobile home space shall be provided garbage cans with tight-fitting covers, which shall be located on the space, in adequate numbers to permit disposal of all garbage and rubbish.

13.

A mobile home park shall have direct access to either a collector street or a major thoroughfare as defined in the village subdivision ordinance. No mobile home shall be nearer than fifty feet to the right-of-way of any collector street or major thoroughfare.

14.

A mobile home park shall be provided durable asphalt or concrete streets with a minimum paved surface twenty-four feet in width. Adequate traffic signs shall be provided for the safe movement of vehicles and pedestrians.

15.

A mobile home park shall have adequate facilities for drainage of surface and subsurface water. The park site shall be graded to facilitate the safe and efficient drainage of surface water. Gutters, culverts, catch basins, drain inlets, storm water sewers or other satisfactory drainage systems shall be used whenever necessary.

16.

Artificial lighting shall be provided to illuminate streets, walks, driveways and parking spaces for the safe movement of vehicles and pedestrians at night. All lighting shall be located and shielded to prevent direct illumination of areas outside the park.

17.

A mobile home park shall provide a recreational area or areas equal in size to at least eight percent of the area of the park. Streets, parking areas and service areas shall not be included in the required recreational areas.

18.

A dense green belt of evergreen trees, not less than four feet high after one full growing season and which at maturity is not less than ten feet high, shall be located and maintained along all park boundaries except at established entrances and exits serving the park.

19.

Service buildings housing sanitation facilities, if provided, shall be permanent structures complying with all applicable laws regulating buildings, electrical installations and plumbing and sanitation systems.

20.

Coin-operated laundries, laundry and dry cleaning pick-up stations, and other commercial convenience establishments may be permitted in a mobile home park provided: (1) they are subordinate to the residential character of the park; (2) they are located, designed and intended to serve only the needs of persons living in the park; (3) the establishments and the parking areas related to their use do not occupy more than ten percent of the total area of the park; and (4) the establishments present no visible evidence of their commercial character to areas outside the park.

C.

If the zoning administrator shall find that the owner of the property to be developed as a mobile home park has failed to meet the approved development schedule, he or she shall forward this information to the planning commission and the village board. The planning commission, after notice to the owner and a hearing on the matter, shall recommend to the village board either that the mobile home park special use permit be revoked, or for good cause shown by the owner, that the provisions in the development plan or special use permit be altered. The village board shall make a decision on the matter within thirty-five days after receiving the recommendation of the planning commission.

D.

The zoning administrator and the village engineer shall inspect a completed mobile home park to ensure that all construction and other required work has been performed in accordance with the development plans, the standards contained in subsection B of this section, all applicable laws pertaining to the park, and all conditions stated in the special use permit. No mobile home park may begin operation until a certificate of occupancy has been granted by the zoning administrator, after such inspection, and until the owner has filed with the zoning administrator a certified copy of a license to operate the mobile home park granted by the Illinois Department of Public Health, as provided in Illinois Revised Statutes, Chapter 111 ½, Paragraph 711, et seq., as amended.

(Zoning ordinance dated 6/3/03 § 12-7.0)

A.

Limitations on Sale of Two-Family Dwelling Units. Individual dwelling units in any two-family dwelling shall not be sold separately, unless such two-family dwelling has been properly designated as a zero lot line duplex in accordance with the standards and procedures set forth in this chapter.

B.

Standards. No dwelling unit in a two-family dwelling shall be designated or sold as a zero lot line duplex unless each of the following conditions have been met:

1.

Each dwelling unit has a floor area of not less than one thousand one hundred square feet for a single story unit, and one thousand five hundred square feet for a unit having more than one story. The areas of garages, open porches, cellars and basements shall not be included for the purpose of determining the area of a dwelling unit.

2.

The owner has obtained a plat of survey prepared by an Illinois licensed land surveyor, which plat of survey divides the lot upon which the two-family dwelling is located into a separate sublot for each dwelling unit. The survey may be prepared after construction of improvements on the lot, but must in any event be recorded in the office of the Woodford county recorder of deeds before title to any portion of the property is transferred by the owner to any third person. The survey shall include not only a scaled and dimensioned outline of the exterior of each dwelling unit, but also a scaled and dimensioned drawing of all other exterior improvements on each sublot, including, but not limited to, sidewalks, driveways and patios.

3.

Each sublot created by the aforesaid plat of survey shall have an area of not less than three thousand nine hundred square feet, and a lot width at the right-of-way line of the street at which the unit is properly addressed of not less than thirty-five feet for interior lots and eighty-five feet for corner lots.

4.

Each dwelling unit has separate utility services with separate meters for each service.

5.

The owner of the two-family dwelling prior to its conversion to a zero lot line duplex has prepared covenants which bind all owners of either dwelling unit and their successors in interest. Such covenants shall be of form and content satisfactory to the zoning administrator and suitable for recording, and shall address and/or require, at a minimum, the following:

a.

The proper maintenance of the common wall between the individual dwelling units,

b.

The proper maintenance of the dwelling units,

c.

A consistent design and color scheme for the exterior of the dwelling units,

d.

Additions to the dwelling units,

e.

Repair of the dwelling units in the event of damage or destruction,

f.

Regulations concerning the construction, design and location of accessory structures, including, without limitation, garages, storage sheds and fences.

6.

The two-family dwelling meets all other applicable requirements of this zoning code, including but not limited to, those pertaining to lot areas, yard requirements, and height of buildings.

7.

The two-family dwelling meets all other applicable requirements of the Metamora village code, including but not limited to, the building code.

C.

Procedure. Any person seeking the designation of an existing or proposed two-family dwelling as a zero lot line duplex, shall submit an application to the zoning administrator on a form prescribed by such administrator, which application shall be accompanied by the following:

1.

Building plans for the two-family dwelling unit,

2.

Proposed covenants which meet the standards hereinabove set forth.

Upon receipt of the aforesaid information, the zoning administrator shall under circumstances where the zero lot line duplex can be constructed only as a special use, refer the matter first for consideration as a special consideration of proposed special uses. Within a reasonable time after action by the village board in cases where a special use is required or after submission of the application in cases where a special use is not required, either approve the application and designate the two-family dwelling unit as a zero lot line duplex, or deny the application and provide a written explanation of the reasons for the denial. Upon approval of an application for designation of a two-family dwelling unit as a zero lot line duplex, the zoning administrator shall, on behalf of the village, sign the plat of survey submitted by the owner. Dwelling units in a zero lot line duplex shall not be sold separately until both the plat of survey and covenants in the forms approved by the zoning administrator have been recorded in the office of the Woodford County recorder of deeds with a copy of the recorded plat provided to the zoning administrator.

D.

Special Finding for Special Use Required. In any case where the construction of a zero lot line duplex requires a special use, no such special use shall be approved without a conclusion by the village board that the proposed zero lot line duplex is consistent in style with other structures in the adjoining neighborhood and that the proposed zero lot line duplex will not detract from the appearance of the neighborhood.

E.

Prior Consultation Encouraged. Any person who intends to seek the designation of a two-family dwelling as a zero lot line duplex is encouraged to engage in informal consultations with the zoning administrator prior to the preparation of a formal plat of survey.

(Zoning ordinance dated 6/3/03 § 12-8.0)