An overlay district is intended to provide a regulatory framework that will facilitate innovative approaches to the development or redevelopment of land. Adopted overlay district plans applicable within an overlay district may allow within its boundaries the mixing of uses not ordinarily authorized within traditional zoning districts, unusual bulk or coverage characteristics, shared or unusual parking facilities, modified front, side and rear yard regulations, nontraditional lot sizes and configurations and nontraditional layouts of public infrastructure including, without limitation, streets, utilities and parks. (Ord. 2018-1570, 10-16-2018)

The Village Board may in the manner provided by this chapter designate an overlay district within any one or more of the traditional zoning districts authorized elsewhere in this title. The boundaries of any overlay district designated as provided in this chapter shall be shown on the official zoning map as an overlay with respect to the existing underlying district or districts with the additional designation of "OD" followed by the number of the ordinance which designated the overlay district. No overlay district may be designated without the simultaneous approval of a plan for the overlay district. (Ord. 2018-1570, 10-16-2018)

The Village of Peoria Heights or any other person or entity may apply to the Zoning Officer for the designation of an overlay district. Any such application must include:

   A.   The name, address, telephone number and email address of the applicant;

   B.   A legal description of the proposed overlay district;

   C.   The property identification numbers of all parcels located within the proposed overlay district;

   D.   A proposed overlay district plan having the content hereinafter specified;

Any application submitted by any person or entity other than the Village must include the written consent to the proposed designation and plan of at least one owner of record of at least two-thirds (2/3) of the parcels proposed to be located within the overlay district and at least two-thirds (2/3) of the total area of the proposed district. (Ord. 2018-1570, 10-16-2018)

An overlay district plan may provide for uses, housing types, minimum lot and yard requirements and setbacks, standards for building height and bulk, accessory uses, accessory buildings, parking facilities, standards for signs, and public or private infrastructure within the overlay district which supersede regulations otherwise applicable within the underlying zoning district and, where applicable, any standards for the subdivision of land within the overlay district which are inconsistent with the standards found at title 11, chapter 1 of this Code. An overlay district plan must include at least the following components:

   A.   A description of the overall theme or purpose of the proposed overlay district;

   B.   A detailed recitation of any modifications to zoning regulations or subdivision standards which would be applicable within the proposed overlay district;

   C.   A map drawn at a scale of one inch equals one hundred feet or such other scale as the Zoning Officer may approve showing the following information:

      1.   The boundary of the proposed overlay district;

      2.   All streets and zoning districts lying outside of but within two hundred feet (200') of the boundaries of the proposed overlay district;

      3.   All existing or proposed streets located within the boundaries of the proposed overlay district;

      4.   Major improvements which the applicant proposes to construct within the proposed overlay district;

      5.   The underlying use districts applicable within the proposed overlay district.

Except where specifically superseded or modified in the overlay district plan approved upon the designation of the overlay district, all regulations applicable within the underlying use district or districts over which the overlay district is superimposed shall continue to apply as if the overlay district did not exist. (Ord. 2018-1570, 10-16-2018)

An overlay district must have an area of not less than three (3) acres and must be compact and contiguous. (Ord. 2018-1570, 10-16-2018)

Except as otherwise provided in this chapter, an application for designation of an overlay district shall be considered in accordance with the procedure established for the amendment of this title found at section 10-3-3 of this title. For purposes of considering an application for designation of an overlay district, any references in section 10-3-3 of this title to an application or proposal for an amendment shall be construed as a reference to an application or proposal for designation of an overlay district. (Ord. 2018-1570, 10-16-2018)

Notice of a public hearing on an application for designation of an overlay district shall be published in the same manner and on the same schedule as notices of proposed amendments to this title are published. In addition to the published notice of hearing on the proposed designation of an overlay district, if an application for the designation of an overlay district includes one or more parcels owned by someone other than persons whose written consent to designation of the overlay district have been submitted with the application for designation, the applicant must give written notice of the hearing to the person or persons in whose name general Real Estate Taxes for each such parcel were or are to be billed as shown on the most recent records maintained by the Peoria County Clerk. Such written notice shall contain the same information as the notice published by the Zoning Officer with respect to the proposed overlay district and shall either be personally served or sent by certified mail/return receipt requested at least fifteen (15) days prior to the public hearing on the designation of the district. The applicant shall provide evidence in a form satisfactory to the Zoning Officer that such notice has been given. (Ord. 2018-1570, 10-16-2018)

After submission of an application for designation of an overlay district, but prior to such designation, the Village Board may in its discretion modify the plan proposed by any applicant. After the designation of an overlay district and approval of a plan for that district, such plan may not be modified except in accordance with the procedure established in this chapter for the initial designation of an overlay district and approval of a plan for that district. (Ord. 2018-1570, 10-16-2018)

After submission of an application for designation of an overlay district but prior to such designation, the Village Board may in its discretion modify the boundaries of the proposed district to exclude territory originally proposed for inclusion in the overlay district. The boundaries of a proposed overlay district may not be modified to include territory not originally proposed for inclusion in the proposed district under the original application without the submission of an amended application and consideration of that amended application in accordance with the procedures established in this chapter. After the designation of an overlay district, the boundaries of the district may not be modified except through the submission of an application and approval of that application in accordance with the procedures established in this chapter. (Ord. 2018-1570, 10-16-2018)

An overlay district created under the terms of this chapter may be terminated in accordance with the procedure established in this chapter for designation of an overlay district, for any reason deemed appropriate by the Village Board including, without limitation, the following:

   A.   Failure on the part of the proponent or proponents of the overlay zoning district to substantially commence implementation of the overlay district plan within two (2) years after designation of the overlay district and approval of the plan for that overlay district;

   B.   Violation of the terms and conditions of the overlay district plan by persons having an interest in property included within the overlay district; and

   C.   A substantial change in circumstances within the overlay district or in areas adjoining the overlay district.

Upon termination of an overlay district, the plan for that district shall be void and of no further effect; provided, however, that in the event any person has received a building permit for the construction of improvements to be made in accordance with the plan for an overlay district prior to termination of the overlay district, such owner may complete such improvements in accordance with the plan and any building permit received for such improvements without regard to the termination of the overlay district. (Ord. 2018-1570, 10-16-2018)

The Peoria Heights Downtown Overlay District (the "Downtown Overlay District") consists of the Prospect business corridor, and shall include all property lying within one block of Prospect Road between Glen Avenue on the north and Lake Avenue on the south that is currently located within the B-1 Central Business District ("B-1 District"), B-2 General Retail Business District ("B-2 District"), and B-4 Low Impact Industrial District ("B-4 District") established under this title as shown on the Village of Peoria Heights zoning map effective as of September 1, 2018; provided, however, that the parcels identified on "schedule 1" in section 10-11A-3 of this article shall be excluded from the Downtown Overlay District.

The Downtown Overlay District established pursuant to this article is intended to attract commercial facilities, some with residential uses, to encourage a pedestrian friendly urban environment, and to preserve the present character of the downtown area. The Village has developed the Peoria Heights Commercial Corridors Master Plan ("Master Plan") showing proposed streetscaping and sidewalk enhancement recommendations for areas within the Village that include the Downtown Overlay District, and those recommendations are incorporated into this article as part of the theme, as more specifically provided below. (Ord. 2018-1573, 11-20-2018)

Certain standards and regulations that are generally applicable in the B-1 District, B-2 District and B-4 District along with other more generally applicable provisions of this title are modified within the Downtown Overlay District, but only to the extent hereinafter set forth:

   A.   Residential Uses:

      1.   In order to encourage appropriate residential uses, the following alternate regulations shall apply within those areas of the Downtown Overlay District that are currently located within the B-1 District or B-2 District.

         a.   Residential dwelling units may be established as a permitted use within the Downtown Overlay District, but only under the following conditions:

            (1)   Such dwelling units are on the second, third or fourth floor of a structure where the first floor is devoted to a retail or office use lawfully established within the B-1 District and the B-2 District; and

            (2)   Dwelling units shall not be located on the same floor of a building as non-residential uses. No dwelling unit on a floor containing only residential uses may be converted to a non- residential use unless all dwelling units on such floor are simultaneously converted to Code compliant non-residential uses. No space on a floor containing any non-residential use may be converted into a dwelling unit unless all space on that floor is simultaneously converted into Code compliant dwelling units.

         b.   Other residential uses may be established within the Downtown Overlay District as a special use in accordance with the procedures prescribed by this title.

   B.   Front, Side, And Rear Yard Setbacks And Lot Coverage: Section 10-8A-5 of this title, which applies in the B-1 District, B-2 District and B-4 District, provides that no front or side yards are required. The standards established in section 10-8A-5 of this title are hereby modified within the Downtown Overlay District so that buildings fronting on or otherwise facing Prospect Road shall be constructed with no front yard and shall be constructed with a front facade that is located at the front property line (along Prospect Road). No parking lots or parking spaces shall be allowed in front of any structure within the Downtown Overlay District fronting on Prospect Road except for on street parking located on the Village right-of-way.

   C.   Parking Regulations: Chapter 9 of this title, which regulates the number and placement of off street parking facilities, shall not apply with respect to parcels located within the Downtown Overlay District and fronting on Prospect Road. For parcels with residential uses located within the Downtown Overlay District and fronting on Prospect Road, the minimum required off street parking shall be one parking space per residential unit. No minimum off street parking facilities shall be required for any commercial uses on parcels located within the Downtown Overlay District and fronting on Prospect Road. All off-street parking within the Downtown Overlay District shall be screened with landscaping or decorative fencing.

   D.   Building Height: In addition to the building height provisions in section 10-8A-4 of this title, no building within the Downtown Overlay District and fronting on Prospect Road shall be constructed, reconstructed or modified so that the highest point on the building and/or facade is greater than fifteen feet (15') higher or lower than the highest point on the building and/or facade of the buildings located immediately adjacent thereto.

   E.   Storefronts: The storefront of every building located within the Downtown Overlay District and fronting on Prospect Road shall be constructed with transparent glazed surfaces on not less than seventy five percent (75%) of the first story facade surface. Buildings located on a corner lot shall have transparent glazed surfaces on not less than seventy five percent (75%) of the first story facade surface facing each street, and shall maintain the primary point of ingress and egress from the building on the Prospect Road side of the building.

   F.   Projecting Awnings And Canopies: Decorative awnings and canopies are encouraged on all buildings located in the Downtown Overlay District and fronting on Prospect Road, and the same may project across the front property line into the public right-of- way. Any such awning or canopy and the associated framing system shall be designed to resist deterioration due to weathering, to withstand applicable wind and snow loads and to prevent nesting or roosting by birds.

   G.   Width Of Sidewalks: Sidewalks on Prospect Road in the Downtown Overlay District shall have a width of not less than fifteen feet (15').

   H.   Sidewalk Dining:

      1.   Any restaurant fronting on Prospect Road may place tables and chairs on the sidewalk immediately adjoining the front of any portion of a building occupied by such restaurant subject to the following conditions:

         a.   Only tables, chairs and other personal property which facilitates outdoor dining may be placed on the adjoining sidewalk, provided the same shall not be placed past the north or south property line of the parcel in question.

         b.   No dining facilities placed on a sidewalk shall obstruct the flow of pedestrian traffic, and the property owner shall maintain a pathway on the sidewalk of not less than four feet (4') in width at all times in order to assure unobstructed passage by pedestrians.

         c.   The proprietor of the restaurant may erect movable fences or other similar movable barriers for the purpose of defining the outdoor dining area. Any such fence or barrier shall have openings that provide convenient access to any doorways located within the adjoining building.

         d.   All such outdoor dining areas shall be maintained in a clean and sanitary condition with unconsumed food removed promptly after the departure of the patrons to whom such food was served. The proprietor shall be responsible for the prompt removal of any litter or debris generated by or located within the outdoor dining area. The proprietor shall also be responsible for cleanup and orderly placement of outdoor furniture at close of business each day.

         e.   All tables, chairs, fences and similar items placed on a sidewalk shall be composed of corrosion resistant materials which are maintained in an attractive condition, with all such tables, chairs and umbrellas to be matching and/or coordinated.

         f.   Outdoor dining areas shall be allowed on the street adjoining parcels that front on Prospect Road, but only with a street dining barrier that is approved by the Village Zoning Officer.

         g.   Sidewalk and street dining facilities shall be established and maintained in accordance with a site plan approved by the Village Zoning Officer.

   I.   Location Of Utilities: One of the goals of the Master Plan is to maintain consistency in the design and aesthetics of the Downtown Overlay District. To maintain the design and desired aesthetics, all utilities shall be located underground in the rights-of-way in a manner that will not conflict with other services. Any utility accessory, including but not limited to any antenna, pole or box, that is required to be above ground, shall be approved by the Village Zoning Officer, and shall be constructed so as to result in the blending of such accessories into the surrounding environment using camouflaging architectural treatment. Poles that are necessary to be above ground shall be consistent with the design and location of existing light poles. Any accessory placed on a current pole must blend in color and style with the pole.

   J.   Signage: All signs in the Downtown Overlay District shall comply with the Sign Code provisions of title 9, chapter 4 of this Code.

   K.   Variances: Property owners may seek variances from the strict application of the provisions of this article in accordance with the terms, conditions and procedures outlined in subsection 10-3A-3B of this title. (Ord. 2018-1573, 11-20-2018)

   A.   Schedule 1:

 

   (Ord. 2018-1573, 11-20-2018)