Overlay zones are designed to provide additional regulations for certain areas of the City which require special protection during development. The PUD overlay zone is designed to allow the City discretion to allow minor modifications in the strict interpretation of district regulations. Once established, an overlay zone will appear on the City Zoning Map.

(Ord. No. 1997-6-16-D, Art. 6(6.1), 6-16-1997)

(a)

Purpose and Intent. The Planned Unit Development, or PUD, is intended to provide for development incorporating a single type or a variety of related uses which are planned and developed as a unit. A PUD development may consist of conventionally subdivided lots or provide for nontraditional techniques of development which are consistent with the spirit and intent of this title.

(b)

Compliance with Subdivision Regulations. Every PUD shall comply with the minimum requirements of the City's subdivision regulations.

(c)

Application Procedure and Site Plan.

A.

The amendment of the designation of a portion of the City as a Planned Unit Development must be initiated by an application with the proposed site plan, accompanied by the required fee and filed with the Building Official. This application must be verified by the owner or owners of record or the contract purchasers. The application must be filed at least thirty (30) days prior to the Planning Commission meeting at which it is to be first considered.

B.

Applications. The application must include the following information. The City may require that this information be included on or filed with designated forms:

(1)

The name of the proposed PUD development.

(2)

Names, addresses and phone numbers of the owner(s) of record, and engineer, surveyor or designer responsible for the planning, engineering, survey and design.

(3)

Acreage in the entire planned development.

(4)

Legal description of the entire planned development.

(5)

Signature(s) of applicant(s) and owner(s) certifying the accuracy of the requested information.

(6)

Payment of the required application fee.

(7)

A recent certificate of title to the property showing ownership.

(8)

Any additional information deemed necessary by the Building Official.

C.

Site Plans. The application must be accompanied by sixteen (16) copies of the proposed site plan. The scale for all plans shall be no smaller than one (1) inch = fifty (50) feet, and the plans shall include the following:

(1)

The name of the proposed PUD development.

(2)

A scale, north arrow and the date drawn.

(3)

The proposed use and development of the planned unit development.

(4)

the boundaries, dimensions and area of the planned unit development.

(5)

The location of the planned unit development in relation to the surrounding uses, buildings and zoning.

(6)

The location of the planned development in relation to major thoroughfares, and any roadways or drives connecting the planned development to those major thoroughfares.

(7)

The names of adjacent subdivisions, layout of streets (with names and rights-of-way widths), connections with adjoining platted streets, location and widths and of adjoining alleys, easements and public sidewalks, and location and dimensions of all existing sanitary sewer, storm sewer, and supply facilities within two hundred fifty (250) feet of the planned development.

(8)

The existing conditions in the planned development area showing all easements, streets, drives or alleys, bridges, and existing structures.

(9)

The existing topography (at least two-foot contour intervals). All Topographic data shall directly relate to USGS data.

(10)

The boundary lines of the City must be identified on the site plan where applicable.

(11)

The general plan layout of the entire planned development showing proposed land uses, streets, parking areas, open space areas, and sidewalks with significant dimensions indicated where appropriate to clarify the plan.

(12)

All planned use areas must be clearly labeled as to the proposed use and all parcels of lands to be dedicated or reserved for public use or for use in common by property owners in the planned development shall be indicated on the plan dedication or reservation.

(13)

The proposed stages of development.

(14)

Site plan date must include the items below:

(a)

The total gross area of the planned development site plan in acres.

(b)

The breakdown of total gross area by land use type, such as townhouses, single family, retail shops, open space, church, school, etc.

(c)

Residential data:

*

The estimated total residential units.

*

The average square feet of residential land per each type of residential unit.

*

The breakdown of non-residential land by type of use.

*

The total parking by land use type and parking ratio per dwelling area.

(d)

commercial and industrial data:

*

The estimated total building square footage by land use type.

*

The percentage of building coverage by land use type for business and industrial planned districts.

*

The total parking by land use type and parking ratio per floor area.

(15)

Any additional information deemed necessary by the Building Official to adequately illustrate the planned development.

(d)

Review of Application and Site Plan.

A.

The proposed plan shall be referred to the Planning Commission for study, a public hearing thereon and recommendation and report to the City Council.

B.

The Planning Commission shall not act on any proposed plan before holding a public hearing thereon, and prior to holding a public hearing on any proposed plan, at least fifteen (15) days, but not more than thirty (30)' days written notice thereof shall be given in a newspaper of general circulation, and a sign containing a copy of the notice shall be posted on the property.

C.

After holding a public hearing on any proposed plan, the Planning Commission shall submit its report of such action to the City Council for the Council's consideration and action. Said report shall include all documents comprising the proposed plan referred to the Planning Commission, the recommendation of the Planning Commission with respect to such proposed plan, and the reasons for approval or disapproval of such proposed plan.

D.

If no report is transmitted by the Planning Commission within sixty-five (65) days from the date that the application is first reviewed by the Planning Commission at a regular meeting, the City Council may take action on such proposed plan even though the Planning Commission has not submitted its report to the Council. If the Planning Commission fails to hold the public hearing required by Section 17.12.020(d)(B), the City Council may assume that responsibility and hold such a hearing after providing the requisite notice.

E.

Upon receipt of the Planning Commission's report, the City Council shall either approve the application by adopting an Ordinance amending the Zoning Map and authorizing the PUD development in accordance with the site plan, or deny the application. If the application is approved, the matter shall be returned to the Planning Commission for consideration of a final development plan.

F.

Minor, technical and mechanical changes to the site plan may be approved by the Building Official without review by the Planning Commission or the City Council so long as the changes do not materially affect the PUD development as approved by the City Council. Within seven (7) days of such approval, the Building Official will advise the Chairman of the Planning Commission of any such change.

(e)

Criteria for Reviewing Applications. In considering whether or not such application for a planned development should be granted, it shall be the duty of the Planning Commission and the City Council to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of he property in question and the residents of the City generally. In considering the planned use or uses, the Planning Commission and the City Council should consider the following:

A.

The appropriateness of the proposed use or uses for the site in terms of land patterns in the entire City and the community's comprehensive plan.

B.

The compatibility with surrounding uses and the surrounding neighborhood.

C.

The comparative size, floor area, mass, and general appearance of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.

D.

The amount of traffic generated by the proposed use or uses and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street's capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.

(Ord. No. 1997-6-16-D, Art. 6(6.2), 6-16-1997)

(a)

Purpose and Intent. The purpose of this Section is to preserve and protect the character of the historic areas in the City of Vandalia. In order to achieve this purpose, the regulations of this Section are imposed in addition to those of the other zoning districts on these parts of the City. This Section establishes procedures to maintain the historic character of the City of Vandalia and obtain the following objectives:

A.

To maintain and enhance the distinctive imprint and the character of historic buildings, landmarks and areas in the City of Vandalia;

B.

To safeguard the heritage of the City by preserving areas, places, sites, buildings, structures, objects and works of art which reflect elements of the City's cultural, social, economic, political or architectural heritage; and

C.

To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards.

(b)

Designation of Historic Districts and Historic Structures.

A.

General. The City Council may, from time to time, designate specific portions of the City as Historic Districts or specific buildings as Historic Structures. Upon designation by the City Council of any Historic District or Structure, said designation shall be indicated on the City's zoning map. Such designations shall occur after receiving recommendations from the Planning Commission and shall follow the procedures of Paragraphs 17.12.030(b)C. and D.

B.

Applications. An application to designate a portion of the City as an Historic District shall be initiated by fifty-one (51) percent of the property owners of the proposed district or by the City Council. Applications to designate a building as an Historic Structure shall be submitted by the owner of the building or a governmental agency.

C.

Review of Applications. Any application to designate a portion of the City as an Historic District or a building as an Historic Structure shall be referred to the Planning Commission for review and recommendation. Their recommendation shall then be submitted to the City Council. After the receipt of the Planning Commission's recommendation, the City Council shall schedule a public hearing and notification of such hearing shall be published at least fifteen (15) days in advance of such hearing, in a newspaper of general circulation in the City of Vandalia.

D.

Decision of the City Council. Within thirty (30) days following such hearing, the City Council shall take action on the designation by approving, disapproving or remanding the application back to the Planning Commission for further review. Remanding the application to the Planning Commission would then require a new public hearing in conformance with the requirement of Section 17.12.020(b)C.

E.

Criteria. In acting on such designation, the City Council shall consider the recommendations of the Planning Commission, the public hearing and the following criteria of the property:

(1)

Its character, interest or value as part of the development, heritage or cultural characteristics of the City, the State of Illinois or the United States.

(2)

A significant historic event occurred at a certain location;

(3)

Its identification with a person or persons who significantly contributed to the culture and development of the City;

(4)

Its exemplification of the cultural, economic, social or historic heritage of the City;

(5)

Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(6)

Its embodiment of distinguishing characteristics of an architectural type or specimen;

(7)

Its identification as the work of an architect or master builder whose individual work has influenced the development of the City;

(8)

Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;

(9)

Its relationship to other distinctive areas which are eligible for preservation according to a plan based on a historic, cultural or architectural motif;

(10)

Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or the City;

(11)

It has yielded, or is likely to yield information important to historic understanding.

F.

Zoning Map. Upon the designation of a Historic District or Historic Structure by Ordinance, the zoning map of the City shall be revised to indicate by an appropriate symbol or device that the parcel so marked is subject to the listed designation.

(c)

Regulations Governing New Structures, Alterations, Demolitions and Environmental Changes.

A.

Limitations on Issuance of Building and Demolition Permits. No construction, reconstruction, alteration or demolition of any structure or significant exterior architectural feature thereof to any Historic Structure or any other building within an Historic District shall be undertaken prior to obtaining a Certificate of Appropriateness from the Planning Commission and a zoning certificate from the Building Official, if applicable. No zoning certificate shall be issued by the Building Official for the construction, alteration or demolition of an Historic Structure, except in cases falling within the exclusions set forth in this Section, unless the application for such permit is approved by the Planning Commission through the issuance of a Certificate of Appropriateness in the manner prescribed herein.

B.

Certificate of Appropriateness.

(1)

Applicability.

(a)

When the owner of an Historic Structure intends to construct, reconstruct, alter or demolish any exterior portion of such structure, he/she shall first apply for and secure a Certificate of Appropriateness. The Planning Commission shall follow the Design Requirements in Section 17.12.030(c)C., comply with the Design Prohibitions in Section 17.12.030(c)E., and any other guidelines adopted by the City Council pursuant to this Section. This Section shall also apply to any exterior change to the building or its property. The application for a Certificate of Appropriateness shall be filed with the City with such plans, specifications, and other materials as the City may from time to time prescribe.

(b)

When the owner of a premises within a Historic District which is not designated as a Historic Structure intends to construct, reconstruct or alter any exterior portion of a principal building, he/she shall first apply for and secure a Certificate of Appropriateness. The Planning Commission shall follow the Design Requirements in Section 17.12.030(c) C., comply with the Design Prohibitions in Section 17.12.030(c)E., and any other guidelines adopted by the City Council pursuant to this Section.

(2)

Procedure. Once an application for a Certificate of Appropriateness is filed with the City Clerk, is shall be scheduled on the agenda of the next available meeting of the Planning Commission, except, however, that such application shall be heard within forty-five (45) days of the receipt of the completed application and necessary attachments by the City. At the hearing, the Planning Commission shall approved the application or make suggestions to modify the application for approval at its next meeting. Within seventy-five (75) days of the receipt of the completed application and necessary attachments by the City, the Planning Commission shall file a report approving the Certificate of Appropriateness, approving the Certificate of Appropriateness with conditions, or denying the application. If the application is not heard by the Planning Commission within forty-five (45) days or no report is filled within seventy-five (75) days of the receipt of the completed application and necessary attachments by the City, the Certificate of Appropriateness shall be considered approved by the Planning Commission. A denial of a Certificate of Appropriateness application may be appealed to the City Council according to the provisions of Section 17.12.030(d).

C.

Design Requirements for Historic Structures.

(1)

Existing buildings that are enlarged, extended, or decreased in size shall have the same architectural style, same window and door proportions, and same or similar exterior material for the enlargement, extension, or diminution as found on the existing building. Except, however, that minor additions to existing structures, containing less than one hundred (100) square feet of floor area, may be allowed to have different but compatible materials.

(2)

Buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, or stone masonry. Windows shall be similar to those of adjacent structures.

(3)

Accessory buildings exceeding three hundred (300) square feet of floor area shall be of the same architectural style and same exterior material as the main building unless the accessory building is a reconstruction of an accessory building that previously existed on the lot in which case substantial freedom shall be afforded the applicant to replicate the structure as it previously existed.

(4)

Overall building height to width ratios, chimney construction, roof pitch and other pertinent date, as deemed important to the overall building appearance, to assure reasonable adherence to the Historic Structures adjacent shall be considered in the design of any new or replacement structures.

(5)

Any sign, requiring a permit from the City, which is proposed to be attached to an Historic Structure anywhere in a designated Historic District shall be of material and style harmonious to the overall theme of the area. All such signs shall be presented to the Planning Commission for Certificate of Appropriateness approval prior to initiation or erection of such sign.

D.

Design Requirements for Other Buildings in Historic Districts.

(1)

New buildings shall be similar in size, scale, mass and architectural style as the surrounding Historic Structures.

(2)

New buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, or stone masonry. Windows shall be similar to those of adjacent structures.

(3)

Accessory buildings exceeding three hundred (300) square feet of floor area shall be of the same architectural style and same exterior material as the main building unless the accessory building is a reconstruction of an accessory building that previously existed on the lot in which case substantial freedom shall be afforded the applicant to replicate the structure as it previously existed.

(4)

Overall building height to width ratios, chimney construction, roof pitch and other pertinent date, as deemed important to the overall building appearance, to assure reasonable adherence to the Historic Structures adjacent shall be considered in the design of any new or replacement structures.

E.

Design Requirements for Accessory Structures.

(1)

Fences in historic districts shall be limited to four (4) feet in height, and shall be constructed of wood, brick or wrought iron. At least forty (40) percent of the area of said fence shall be open as viewed on any line perpendicular to the vertical plane of the fence.

(2)

Any accessory structure that exceeds one (1) foot in height, except for permitted fences, and which has a surface area of more than three hundred (300) square feet shall be constructed of painted wood, brick, stucco, or stone masonry.

F.

Design Prohibitions.

(1)

No new building and no remodeled, enlarged, or diminished building shall have an exterior material of metal, concrete, concrete block, glass block, or unpainted wood; provided that this shall not prohibit use of siding which simulates painted wood in appearance and which does not reflect light to an extent of more than one hundred ten (110) percent of a painted wood surface.

(2)

The scale and proportion of enlargements or extensions of existing buildings shall not result in a substantial change to the form, design or composition associated with the original building and its particular architectural style.

(3)

No wire or steel mesh wire fencing or chain link fencing may be used in any manner as a part of the fence in an historic district.

(d)

Appeal Procedures.

A.

Within thirty (30) days of any Vandalia Planning Commission decision, any affected party may appeal the decision to the City Council by filing notice thereof with the City Clerk.

B.

The City Council shall schedule a public hearing within forty-five (45) days of the date the appeal is received. At the public hearing, the City Council shall hear all interested parties. Within thirty (30) days of the public hearing, the City Council shall pass a resolution either confirming, rejecting, or amending the decision of the Vandalia Planning Commission. The Clerk of City Council shall notify the owner of any property directly involved of the City Council action by regular first class mail.

(Ord. No. 1997-6-16-D, Art. 6(6.3), 6-16-1997)

(a)

Purpose and Intent. The purpose of the Interchange District is to implement the provisions of the Interchange Area Concept Plan.

(b)

Zoning and Land Use. Within the Interchange District, the specific land uses shall be regulated by the underlying zoning district. The underlying zoning districts shall be limited to the CG, General Commercial District and the IL, Light Industrial District.

(Ord. No. 1997-6-16-D, Art. 6(6.4), 6-16-1997)