The development and execution of this article is based upon
the division of the Village of Argyle into districts, within which
districts the use of land and buildings, and bulk and location of
buildings and structures in relation to the land, are mutually compatible
and substantially uniform. However, there are certain uses which,
because of their unique characteristics, cannot be properly classified
as unrestricted permitted uses in any particular district or districts
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities, and of the public need for
the particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district,
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses.
A.
The Village Board hereby authorizes the Zoning Administrator to issue
a conditional use permit after review, public hearing, and approval
from the Plan Commission, provided that such conditional use and involved
structure(s) are found to be in accordance with the purpose and intent
of this chapter and are further found to be not hazardous, harmful,
offensive or otherwise adverse to the environment or the value of
the neighborhood or the community. Such Village Board and Plan Commission
action, and the resulting conditional use permit, shall specify the
period of time for which effective, if specified; the name of the
permittee; the location and legal description of the affected premises.
Prior to the granting of a conditional use, the Village Board and
Plan Commission shall make findings based upon the evidence presented
that the standards herein prescribed are being complied with.
B.
Any development within 500 feet of the existing or proposed rights-of-way
of freeways, expressways and within 1/2 mile of their existing or
proposed interchange or turning lane rights-of-way shall be specifically
reviewed by the highway agency that has jurisdiction over the trafficway.
The Village Board or Plan Commission shall request such review and
await the highway agency's recommendation for a period not to exceed
20 days before taking final action.
C.
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards or parking requirements may be required by the Village
Board upon its finding that these are necessary to fulfill the purpose
and intent of this chapter.
D.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access and performance standards, shall be required of all conditional
uses.
Any person, firm, corporation or organization having a freehold
interest or a possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold interest or
an exclusive possessory interest, and which is specifically enforceable
in the land for which a conditional use is sought, may file an application
to use such land for one or more of the conditional uses provided
for in this article in the zoning district in which such land is located.
[Amended 7-11-2012]
An application for a conditional use shall be filed on a form prescribed by the Village, with fee payment as prescribed from time to time by resolution of the Village Board. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 715-34 hereinafter. The Village Board or Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
All requests for conditional uses shall be applied for with the Village Clerk-Treasurer or the Village Board or Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board on its own motion from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 715-31 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
A.
Notice of the time, place and purpose of such hearing shall be given
by publication of a Class II notice under the Wisconsin Statutes in
the official Village newspaper. Notice of the time, place and purpose
of such public hearing shall also be sent to the applicant, the Zoning
Administrator, members of the Village Board and Plan Commission, and
the owners of record as listed in the office of the Village Assessor
who are owners of property in whole or in part situated within 100
feet of the boundaries of the properties affected, said notice to
be sent at least 10 days prior to the date of such public hearing.
[Amended 5-29-2018]
B.
The Plan Commission shall report its action to the Village Board
within 45 days after a matter has been referred to it, after which
the Village Board shall take formal action.
A.
Standards. No application for a conditional use shall be granted by the Village Board or recommended by the Plan Commission unless the Village Board or Plan Commission shall find all of the following conditions are present, based upon substantial evidence as that term is defined in this Chapter 715:
[Amended 5-29-2018]
(1)
That 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.
(2)
That the uses, values and enjoyment of other property in the neighborhood
for purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use, and the proposed use is compatible with the
use of adjacent land.
(3)
That 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.
(4)
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
(5)
That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
(6)
That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
(7)
That the proposed use does not violate floodplain regulations governing
the site.
(8)
That adequate measures have been or will be taken to prevent and
control water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any
new construction of a building or an addition to an existing building,
the Village Board or Plan Commission shall bear in mind the statement
of purpose for the zoning district, such that the proposed building
or addition at its location does not defeat the purposes and objective
of the zoning district.
C.
Additional considerations. In addition, in passing upon a conditional
use permit, the Village Board or Plan Commission shall also evaluate
the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
When an advisory recommendation of denial of a conditional use
application is made by the Plan Commission or an actual denial made
by the Village Board, the Plan Commission and/or Village Board shall
furnish the applicant, in writing when so requested, those standards
that are not met and enumerate reasons the Commission and/or Village
Board has used in determining that each standard was not met.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in § 715-34 above. In all cases in which conditional uses are granted, the Village shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall
evaluate each application and may request assistance from any source
which can provide technical assistance. The Commission may review
the site, existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, highway access, traffic generation
and circulation, drainage, sewerage and water systems and the proposed
operation/use.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Village Board upon the recommendation
of the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Village Board may require the use of certain general types
of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where
a use is proposed to be located on areas indicated as having soils
that are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided that clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
Where a conditional use application has been approved or conditionally
approved, such approval shall become null and void within 24 months
of the date of the approval unless the use is commenced, construction
is underway or the current owner possesses a valid building permit
under which construction is commenced within six months of the date
of issuance and which shall not be renewed unless construction has
commenced and is being diligently prosecuted. Approximately 45 days
prior to the automatic revocation of such permit, the Zoning Administrator
shall notify the holder by certified mail of such revocation. The
Village Board may extend such permit for a period of 90 days for justifiable
cause, if application is made to the Village at least 30 days before
the expiration of said permit.
The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 715-34 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 715-33 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 715-34 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that Subsections A and B in § 715-34 will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residence districts pursuant
to this article.
B.
BED-AND-BREAKFAST ESTABLISHMENT
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any place of lodging that provides four or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner at the time of rental
and in which the only meal served to guests is breakfast.
C.
State standards. Bed-and-breakfast establishments shall comply with
the standards of Ch. DHS 197, Wis. Adm. Code.
A.
Intent. The intent of this section is to provide a means to accommodate
a small family home-based business or professional home office as
a conditional use without the necessity of a rezone into a commercial
district. Approval of an expansion of a limited family business or
home occupation at a future time beyond the limitations of this section
is not to be anticipated; relocation of the business to an area that
is appropriately zoned may be necessary.
B.
Restrictions on home occupations/professional home office. Except as provided in Subsection C below, home occupations and professional home offices are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
(1)
The occupation or profession shall be carried on wholly within the
enclosed areas of the principal building or other structure accessory
thereto, but it shall utilize no more than 40% of the gross floor
area of the building.
(2)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation/profession shall be
visible outside any structure located on the premises. There shall
not be outside storage of any kind related to the home occupation/profession.
(4)
No use shall create smoke, odor, glare, noise, dust, vibration, fire
hazard, small electrical interference or any other nuisance not normally
associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business as allowed by Article VII of this chapter. Such sign shall not be illuminated and shall comply with district sign regulations.
(6)
The home occupation shall not involve the use of commercial vehicles,
other than those owned by the applicant for delivery of products or
materials to and from the premises. This shall not be interpreted
to include delivery and/or pickup services such as United Parcel Service,
Federal Express, etc., in the conduct of their normal operations.
(7)
No traffic shall be generated by such home occupation/profession
in greater volumes than would normally be expected in a residential
neighborhood.
(8)
There shall be no demand for parking beyond that which is normal
to the neighborhood. In no case shall the home occupation cause more
than two additional vehicles to be parked on or near the premises.
(9)
The home occupation is restricted to a service-oriented business;
the manufacturing of items or products or the retail sale of items
or products on the premises is prohibited.
(10)
The types and number of equipment or machinery may be restricted
by the Village Board.
(11)
Sale or transfer of the property shall cause the conditional
use permit to be null and void.
(12)
No more than two nonresident employees may work on the premises.
The home occupation is to be conducted only by members of the family
residing in the dwelling unit, plus no more than two nonresident assistants
or employees employed on the premises at any one time. Persons engaged
in building trades, similar fields and other activities using their
dwelling units or residential premises as an office for business activities
carried on off the premises may have more employees than the limitations
set forth herein if they are not employed on the premises.
(13)
No activity associated with the home occupation may occur outside
on the premises prior to 8:00 a.m. or after 8:00 p.m.
C.
Permitted use exception. A home occupation or professional home office under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of Subsection B above are complied with, and no sign is erected or maintained regarding the home occupation, no more than one person works on the premises, no customers regularly come to the house ("regularly" defined as averaging more than three customers/clients per week coming to the home occupation premises), the business is service-oriented and not engaged in retail trade, and other standards required by Subsection B are complied with.
D.
Permitted home occupations/professions. Permitted home occupations/professions
include, but are not necessarily limited to, the following examples:
(1)
Artists or sculptors.
(2)
Authors or composers.
(3)
Home crafts such as modelmaking, rug weaving and cabinetmaking.
(4)
Office facility of a minister, rabbi or priest.
(5)
Office facility of an attorney, architect, professional engineer,
surveyor, landscape architect, insurance agent or real estate agent.
(6)
Private tutoring, limited to three pupils at any one time.
(7)
Musical instruction, limited to two pupils at a time.
(8)
Dressmaking.
(9)
Computer-oriented support services, such as consulting, clerical
services, claims processing, Internet-related businesses, etc.
E.
Home occupations/professions not permitted. The following uses, by
the nature of the investment or operation, have a pronounced tendency
once started to rapidly increase beyond the limits permitted for home
occupations/professions and thereby impair the use and value of a
residentially zoned area for residence purposes. Therefore, home occupations
not permitted include, but are not necessarily limited to, the following:
(1)
Barbershops and beauty salons.
(2)
Antique shops.
(3)
Stables and kennels.
(4)
Medical offices, including, but not necessarily limited to, physicians,
surgeons, dentists, chiropractors or optometrists for the general
practice of the profession, except for consultation or emergency treatment.
(5)
Automobile repair or body/paint work.
(6)
Restaurants and bakeries (retail).
A.
Intent.
(1)
The planned unit development conditional use is intended to permit
developments that will, over a period of time, be enhanced by coordinated
area site planning, diversified location of structures and/or mixing
of compatible uses. Such developments are intended to provide a safe
and efficient system for pedestrian and vehicle traffic; to provide
attractive recreation and open spaces as integral parts of the developments;
to enable economic design in the location of public and private utilities
and community facilities; and to ensure adequate standards of construction
and planning. The planned unit development under this chapter will
allow for flexibility of overall development design with benefits
from such design flexibility intended to be derived by both the developer
and the community, while, at the same time, maintaining insofar as
possible, the land use density and other standards or use requirements
as set forth in the underlying basic zoning district.
(2)
The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Ch. 703, Wis. Stats., (condominiums) may be permitted by the Village upon specific petition under Subsection B below and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section of the chapter have been met.
B.
Types of planned unit developments. This article contemplates that
there may be residential, commercial, industrial planned unit developments
and mixed compatible use developments.
C.
General requirements for planned unit developments. A planned unit
development shall be consistent in all respects to the expressed intent
of this article and to the spirit and intent of this chapter; shall
be in conformity with the adopted Master Plan (comprehensive land
use and thoroughfare plan), neighborhood plan or any adopted component
thereof; and shall not be contrary to the general welfare and economic
prosperity of the community.
D.
Physical requirements for planned unit developments.
(1)
Minimum area requirements. Areas designated as planned unit developments
shall contain a minimum development area as follows:
|
Principal Uses
|
Minimum Area of PUD
(acres)
| |
|---|---|---|
|
Residential PUD
|
3
| |
|
Commercial PUD
|
5
| |
|
Industrial PUD
|
10
| |
|
Mixed compatible use
|
10
|
(2)
Density requirements (lot area, width and yard requirements). The
district area, width and yard requirements of the basic use district
may be modified; however, in no case shall the average density in
a residential district exceed the number of dwelling units that would
have been permitted if the planned unit development regulations had
not been utilized.
(4)
Single parcel, lot or tract. The planned unit development shall be
considered as one tract, lot or parcel, and the legal description
must define said PUD as a single parcel, lot or tract and be so recorded
with the County Register of Deeds.
E.
Requirements as to public services and facilities.
(1)
The development site shall be provided with adequate drainage facilities
for surface waters and stormwaters.
(2)
The site will be accessible from public roads that are adequate to
carry the traffic that can be expected to be generated by the development.
(3)
No undue constraint or burden shall be imposed on public services
and facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and storm drainage, and maintenance of public
areas, by the developments.
(4)
The streets and driveways on the site of the development shall be
adequate to serve the residents of the development and, in the case
of public dedicated streets, will meet the minimum standards of all
applicable ordinances or administrative regulations of the Village.
(5)
Public water and sewer facilities shall be provided.
F.
Subsequent land division. The division of any land or lands within
a planned unit development for the purpose of change or conveyance
of ownership may be accomplished pursuant to the land division/subdivision
regulations of the Village when such division is contemplated.
G.
Procedural requirements intent. Subsections A through F above set forth the basic philosophy and intent in providing for planned unit developments, the kinds thereof, the general requirements, physical requirements and requirements as to public services and facilities. The following sections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.
H.
Procedural requirements for planned unit developments.
(1)
Pre-petition conference. Prior to the official submission of the
petition for the approval of a planned unit development, the owner
or his/her agent making such petition shall meet with the Plan Commission
or its staff to discuss the scope and proposed nature of the contemplated
development.
(2)
Petition for approval. Following the pre-petition conference, the
owner or his/her agent may file a petition with the Clerk-Treasurer
for approval of a planned unit development. Such petition shall be
accompanied by a review fee as prescribed from time to time by resolution
of the Village Board, as well as incorporate the following information:[1]
(a)
Informational statement. A statement which sets forth the relationship
of the proposed PUD to the Village's adopted Master (comprehensive
land use and thoroughfare plan) Plan, neighborhood plan, or any adopted
component thereof, and the general character of and the uses to be
included in the proposed PUD, including the following information:
[1]
Total area to be included in the PUD, area of open space, residential
density computations, proposed number of dwelling units, population
analysis, availability of or requirements for municipal services,
and other similar data pertinent to a comprehensive evaluation of
the proposed development.
[2]
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
[3]
A general outline of the organizational structure of a property
owners' or management's association, which may be proposed to be established
for the purpose of providing any necessary private services.
[4]
Any proposed departures from the standards of development as
set forth in the Village zoning regulations, land subdivision ordinance,
other Village regulations or administrative rules, or other universal
guidelines.
[5]
The expected date of commencement of physical development as
set forth in the proposal and also an outline of any development staging
which is planned.
(b)
A general development plan, including:
[1]
A legal description of the boundaries of the subject property
included in the proposed PUD and its relationship to surrounding properties.
[2]
The location of public and private roads, driveways, sidewalks
and parking facilities.
[3]
The size, arrangement and location of any individual building
sites and proposed building groups on each individual site.
[4]
The location of institutional, recreational and open space areas
and areas reserved or dedicated for public uses, including schools,
parks and drainageways.
[5]
The type, size and location of all structures.
[6]
General landscape treatment.
[7]
The existing and proposed location of public sanitary sewer,
water supply facilities and stormwater drainage facilities.
[8]
The existing and proposed location of all private utilities
or other easements.
[9]
Characteristics of soils related to contemplated specific uses.
[10]
Existing topography on the site with contours
at no greater than two-foot intervals.
[11]
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
[12]
If the development is to be staged, a staging
plan.
[13]
A plan showing how the entire development can
be further subdivided in the future.
(3)
Referral to Plan Commission. The petition for a planned unit development
shall be referred to the Plan Commission for its review and recommendation,
which recommendation shall include any additional conditions or restrictions
which the Plan Commission may deem necessary or appropriate.
I.
Basis for approval of the petition for planned unit development.
(1)
Requirements. The Plan Commission, in making recommendations for
approval, and the Village Board, in making a determination approving
a petition for planned unit development, shall find as follows:
(2)
Proposed construction schedule. The Plan Commission and Village Board,
in making their respective recommendations and determinations, shall
consider the reasonableness of the proposed construction schedule
and any staging plan for the physical development of the proposed
PUD, commencement of the physical development within one year of approval
being deemed reasonable.
(3)
Residential PUD considerations. The Plan Commission and Village Board,
in making their respective recommendations and determinations as to
a proposed residential planned unit development, shall further consider
whether:
(a)
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the community.
(b)
The total net residential density within the planned unit development
will be compatible with the Village Master Plan (comprehensive land
use and thoroughfare plan), neighborhood plan, or components thereof,
and shall be compatible with the density of the district wherein located.
(c)
Structure types will be generally compatible with other structural
types permitted in the underlying basic use district. To this end,
structure type shall be limited as follows:
(d)
Provision has been made for the installation of adequate public
facilities and the continuing maintenance and operation of such facilities
if privately owned.
(e)
Provision has been made for adequate continuing fire and police
protection.
(f)
The population density of the development will or will not have
an adverse effect upon the community's capacity to provide needed
school or other municipal service facilities.
(g)
Adequate guarantee is provided for permanent preservation of
open space areas as shown on the general development plan as approved
either by private reservation and maintenance or by dedication to
the public.
(4)
Commercial PUD, considerations. The Plan Commission and Village Board,
in making their respective recommendations and determinations as to
a proposed commercial planned unit development, shall further consider
whether:
(a)
The economic practicality of the proposed development can be
justified.
(b)
The proposed development will be served by off-street parking
and truck service facilities in accordance with this chapter.
(c)
The proposed development shall be adequately provided with and
shall not impose any undue burden on, public services and facilities
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(d)
The locations of entrances and exits have been designated to
prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets and that the development will not
create any adverse effect upon the general traffic pattern of the
surrounding neighborhood.
(e)
The architectural design, landscaping, control of lighting and
general site development will result in an attractive and harmonious
service area compatible with and not adversely affecting the property
values of the surrounding neighborhood.
(5)
Industrial PUD, considerations. The Plan Commission and Village Board,
in making their respective recommendations and determinations as to
a proposed industrial planned unit development, shall further consider
whether:
(a)
The operational character and physical plant arrangement of
buildings will be compatible with the latest in performance standards
and industrial development design and will not result in an adverse
effect upon the property values of the surrounding neighborhood.
(b)
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water sanitary
sewer and stormwater drainage and maintenance of public areas.
(c)
The proposed development will include provision for off-street
parking and truck service areas in accordance with this chapter and
will be adequately served by easy-access rail and/or arterial highway
facilities.
(d)
The proposed development is properly related to the total transportation
system of the community and will not result in an adverse effect on
the safety and efficiency of the public streets.
(6)
Mixed use PUD considerations. The Plan Commission and Village Board,
in making their respective recommendations and determinations as to
a proposed mixed use planned unit development, shall further consider
whether:
(a)
The proposed mixture of uses provides a unified composite which
is compatible with the zoning district and which, as a total development
entity, is compatible with the surrounding neighborhood.
(b)
The various types of uses conform to the general requirements
as hereinbefore set forth, applicable to projects of such use and
character.
(c)
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
J.
Determination of disposition of the petition.
(1)
General. The Village Board, upon receipt of a recommendation from
the Plan Commission and following a public hearing thereon, and after
due consideration, shall either deny the petition, approve the petition
as submitted or approve the petition subject to any additional conditions
and restrictions the Village Board may impose.
(2)
Approval. The general and detailed approvals of a planned unit development
shall be based on and include, as conditions thereto, the building,
site and operational plans for the development as approved by the
Village Board.
(a)
General approval. The general development plan submitted with
the PUD application need not necessarily be completely detailed at
the time of petition, provided it is in sufficient detail to satisfy
the Village Board as to the general character, scope and appearance
of the proposed development. Such plan shall designate the pattern
of proposed streets and the size and arrangement of individual buildings
and building sites. The approval of such general development plan,
by way of approval of the petition, shall be conditioned upon the
subsequent submittal and approval of more specific and detailed plans
as each stage of development progresses.
(b)
Detailed approval. Detail plans must be furnished to the Plan
Commission and Village Board for their consideration, and the detailed
approval by the Village Board of any part or stage of the proposed
development shall be required before construction of such part or
stage of the development may be commenced. Before plans submitted
for detailed approval within the corporate limits will be approved,
the petitioner shall give satisfactory proof that he/she has contracted
to install all improvements or file a performance bond ensuring that
such improvements will be installed within the time required by the
Village Board.
(3)
Changes and additions. Any subsequent substantial change or addition
to the plans or uses shall first be submitted for approval to the
Plan Commission and if, in the opinion of the Plan Commission, such
change or addition constitutes a substantial alteration of the original
plan, it shall make its recommendation to the Village Board and further
recommend additional public hearing, in which event the Village Board
shall schedule a notice of public hearing as for the original petition.
Following such public hearing, the Village Board shall deny, approve
or approve subject to any additional conditions and restrictions it
may impose.
