9.[1]-1

Intent. The planned development procedure is intended to provide a single uniform procedure for total review of a proposed development, both design and use. The procedure combines the design-review procedure of subdivision approval and the use-review procedure of zoning amendment and enables the planning commission and village board to review all aspects of a proposed development simultaneously, to permit greater flexibility and originality in concept according to the intent of comprehensive plan elements, and still to exercise greater final control over the approved development than is possible through preregulated zoning districts.

9.[1]-2

Standards.

a.

Design standards. Because the design standards for use, dimensions, density, and qualitative attributes are subject to evolution through continuous plan review, they are not included as an integral part of the unchanging planned development procedure. This zoning ordinance refers to the officially adopted policies, detailed area plans, and all other elements of the evolving comprehensive plan for the standards to guide the approval of planned development projects. A planned development project may depart from conformance with the dimension, area, and use regulations for the standard zoning districts and from conformance with the design standards in the subdivision regulations ordinance. However, a planned development project shall conform with all applicable elements of the officially adopted comprehensive plan.

b.

Required improvements. Planned development projects shall be subject to the regulations governing required improvements found in the subdivision regulations ordinance.

c.

Traffic, parking, and access. Planned development projects shall be subject to the regulations for traffic, parking, and access of this zoning ordinance.

d.

Special conditions. The planning commission and village board may attach special conditions to approval of the final plats to insure conformance with the intent of all official plan elements.

9.[1]-3

Procedure.

a.

Generally. A planned development project may be permitted only by amendment to the zoning map according to the amendment procedure found in article 11 [of this ordinance]. For procedural purposes, a planned development project shall be treated as a subdivision, and the procedure for subdivision approval as set forth in the village subdivision regulations ordinance shall be followed in its entirety whether the development shall be in single or divided ownership.

b.

Preliminary plat. A preliminary plat of the planned development project shall be submitted as required by the subdivision regulations ordinance. It is recommended that this submission be preceded by preapplication conferences as recommended by the subdivision regulations ordinance to determine whether the developer's intent agrees with the intent expressed by all comprehensive plan elements. Additional supporting material beyond that required by the subdivision regulations ordinance for the preliminary plat shall include:

Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations.

Statement of present and proposed ownership of all land within the project.

Development schedule indicating:

Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.

Approximate dates for beginning and completion of each stage.

Agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.

c.

Amendment. The amendment procedure established in article 11 [of this ordinance] shall be initiated after conditional approval of the preliminary plat by the planning commission. Under this procedure the zoning map may be amended to designate the location proposed in the preliminary plat as a planned development district superseding the original zoning district. This amendment shall be in conformance with all comprehensive plan elements. The planned development district shall be valid only for that preliminary plat and supporting material upon which the amendment was based. All supporting material shall remain on file with the preliminary plat.

d.

Final plats. If the amendment is approved, final plats shall be prepared for each stage according to the development schedule. The final plat and supporting material shall show in detail the design and use of all buildings and overall land development plans as well as such other information of [as] the planning commission may require for the complete consideration of the project in addition to information required by the subdivision regulations ordinance. The final plats shall conform to the preliminary plat and supporting material, except that the planning commission and village board may approve minor changes without public hearing at this time which do not change the concept or intent of the development. Major changes; changes in density, height of buildings, reduction of proposed open space, changes in the financing, development schedule, or final governing agreements, provisions, or covenants, or resubdivision; may be approved only by submission of a new preliminary plat or applicable supporting material followed by the amendment procedure.

e.

Continuing control. The planned development project shall be developed only according to the approved and recorded final plat and all supporting material. The recorded final plat and supporting material together with all recorded amendments shall be binding on the applicants, their successors and assigns, and shall limit and control the uses of premises and location of structures in the planned development project. Minor changes in the final plat during or after construction shall be accomplished by submission of a new final plat. Major changes during or after construction shall be accomplished by submission of a new preliminary plat followed by the amendment procedure. The village board shall consider the planned development amendment subject to revocation if construction falls more than one year behind schedule.

f.

Fees and permits. The village board may establish a schedule of reasonable fees to be charged for plat review. Zoning permits shall be required for each structure according to article 8 [of this ordinance]. The zoning inspector shall base issuance upon conformance with the final plat and supporting material.

9.21

Procedure. In applying for a conditional use zoning permit the applicant shall follow all procedures set forth in article 8 [of this ordinance] on zoning permits. The zoning inspector shall refer the application to the planning commission, and the planning commission shall hold a public hearing on the application. The planning commission may recommend, approve, modify, or disapprove the application. In the case of approval or approval with modification, the village board of trustees shall issue written authorization to the zoning inspector to issue a zoning permit in full conformance with article 8 [of this ordinance]. This authorization shall remain on permanent file with the application. The village board of Trustees may attach special conditions to insure conformance with the intent of all comprehensive plan elements. The village board may establish a schedule of reasonable fees to be charged for conditional use zoning permits.

9.22

Standards for decisions and recommendations of the planning commission. No conditional use permit shall be recommended by the planning commission unless there is a concurring vote of a majority of all members present with a minimum of five concurring votes required, based on findings of fact that:

a.

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

b.

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish property values within the neighborhood.

c.

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.

Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

f.

The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the .

The following are designated as conditional uses which may be approved in all zoning districts: Planned development; public utility and service uses such as electric substations, gas regulator stations, telephone transmission structures, radio, TV, and microwave relay towers, water reservoirs, or pumping stations, sanitary landfills, government buildings, transportation facilities, and similar uses; also those uses designated in section 2.23.

Other conditional uses may be approved in only those zoning districts where they are designated as conditional uses under the zoning district regulations.