Village of Cottage Grove, WI
Dane County
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Table of Contents
Table of Contents
The purpose of this portion of the article is to establish the procedural requirements for changes and amendments, conditional use review and approval, temporary use review and approval, site plan review and approval and variances.
A. 
Authority.
(1) 
Whenever the public necessity, convenience, general welfare or good zoning practice require, the municipality may, by ordinance, change the zoning of a property or amend, change or supplement the regulations established by this chapter or amendments thereto.
(2) 
Such change or amendment shall be subject to the review and recommendation of the Plan Commission.
B. 
Initiation. A change or amendment may be initiated by the Village Board, Plan Commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
C. 
Petitions. Petitions for any change to the zoning, or amendments to the regulations, shall be filed with the Village Administrator, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
(1) 
Plot plan drawn to a scale of one inch equals 100 feet, showing area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 400 feet of the area proposed to be rezoned.
[Amended 2-19-2018 by Ord. No. 02-2018]
(2) 
Owners' names and addresses of all properties lying within 400 feet of the area proposed to be rezoned.
[Amended 2-19-2018 by Ord. No. 02-2018]
(3) 
Additional information required by the Plan Commission or Village Board.
(4) 
Payment of a petition fee to the Village Treasurer equal to the amount specified in the Zoning Fee Ordinance.[1]
[1]
Editor's Note: The Zoning Fee Ordinance is on file in the office of the Village Clerk.
D. 
Public hearing. The Plan Commission shall hold a public hearing upon every rezoning petition giving Class 2 Notice, and by mailing notice to owners or properties within 400 feet of the area proposed to be rezoned, as determined by Dane County land records.
[Amended 4-21-2014 by Ord. No. 03-2014; 2-19-2018 by Ord. No. 02-2018]
NOTE: Section 325-115G(3) states that the public hearing shall be conducted by the "procedures used for amendments to the Official Zoning Map shall be followed for this process." Therefore, the extended notice radius for a planned unit development is covered by the amendment of § 325-110, as described above.
E. 
Review and recommendations. The Plan Commission shall, as provided in s. 62.23(7) of the Wisconsin Statutes, review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made no later than the meeting subsequent to the public hearing and shall be made in writing to the Village Board.
F. 
Village Board action. After careful consideration of the Plan Commission's recommendations, the Village Board shall vote on the passage of the proposed change or amendment.
G. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection G, Protest, was repealed 6-3-2019 by Ord. No. 04a-2019.
H. 
Zoning permit and site approval required. If the Village Board grants a change of zoning, any development based on the new zoning or any parcels added to a property will require zoning permit (§ 325-18) and site approval (§ 325-112) before development proceeds.
A. 
Purpose.
(1) 
The purpose of this article is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.
(2) 
Certain uses in situations which are of such a special nature or are so dependent upon actual contemporary circumstances as to make impractical the predetermination or permissibility, or the detailing in this chapter of specific standards, regulation or conditions which would permit such determination in each individual situation, may be permitted as conditional uses.
(3) 
Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate, to the satisfaction of the Village, that the proposed conditional use will not create undesirable impacts on nearby properties, the environment nor the community as a whole.
(4) 
Limited conditional uses. Limited conditional uses are the same as regular conditional uses, excepting that further, in the considered findings of the Village Board and the granting thereof, because of any of the following: their particularly specialized nature, their particular locations within a district, the peculiar unique relationships or needed compatibility of uses to involved individuals or any other reason(s) the Village Board deems specially relevant and material to delimit the scope thereof, should be of lesser permanence than regular conditional uses and the duration or term of existence may be established until time certain or be limited to a future happening or event at which time the same shall terminate.
B. 
Initiation of request for approval. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.
C. 
Application requirements. All applications for proposed conditional uses shall be approved as complete by the Zoning Administrator prior to the initiation of the procedure. The submittal of an application to the Village Administrator to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application by the Village Administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Administrator, the applicant shall provide the Village Administrator with 20 copies of the complete application as certified by the Zoning Administrator. At the discretion of the Zoning Administrator, in lieu of the 20 copies the Village may accept one hard copy and a digital submittal of all application materials in a format deemed acceptable to Village Staff. Said complete application shall consist of the following:
[Amended 2-19-2018 by Ord. No. 02-2018]
(1) 
A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 400 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dane County (as provided by the Village of Cottage Grove). Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) that maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, or as a digital file, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale and a north arrow shall be provided.
(2) 
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village as a whole.
(3) 
A written description of the proposed conditional use describing the type of activities, buildings and structures proposed for the subject property and their general locations.
(4) 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 325-112. If the proposed conditional use is a group development, a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan.
(5) 
The applicant shall provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by the compliance with the standards set forth in § 325-111D(2)(a) through (f) below.
D. 
Review by Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he shall so notify the applicant.
(2) 
Upon notifying the applicant that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per § 325-111C(5) above. The Zoning Administrator shall also evaluate the application to determine whether the requested use is in harmony with the recommendations of the Village's Comprehensive Master Plan, particularly as evidenced by compliance with the standards of § 325-111D(2)(a) through (f) below:
(a) 
The proposed conditional use (the use in general, independent of its location) is in harmony with the purposes, goals, objectives, policies and standards of the Village of Cottage Grove's Comprehensive Master Plan, this chapter and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the Village.
(b) 
The proposed conditional use (in its specific location) is in harmony with the purposes, goals, objectives, policies and standards of the Village's Comprehensive Master Plan, this chapter and any other plan, program or ordinance adopted or under consideration pursuant to official notice by the Village.
(c) 
The proposed conditional use, in its proposed location and as depicted on the required site plan [see § 325-111C(4) above], does not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way or other matters affecting the public health, safety or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Master Plan or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide development.
(d) 
The proposed conditional use maintains the desired consistency of land uses, land use intensities and land use impacts as related to the environs of the subject property.
(e) 
The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.
(f) 
The potential public benefits of the proposed conditional use outweigh all potential adverse impacts of the proposed conditional use [as identified in § 325-111D(2)(a) through (e) above], after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.
(3) 
The Zoning Administrator shall forward the report per Subsection B to the Plan Commission for the Commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Village's Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
E. 
Review, public hearing and recommendation by Plan Commission. The Village Board shall not approve a conditional use without allowing for a recommendation from the Plan Commission per the provisions of this section.
(1) 
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. The Plan Commission shall hold a public hearing upon each rezoning petition giving Class 2 Notice, and by mailing notice to owners of properties located within 400 feet of the area proposed to be subject to the conditional use permit, as determined using Dane County land records. Said notice shall contain a description of the proposed conditional use. In addition, at least 10 days before said public hearing, the Village Administrator shall mail an identical notice to the applicant and to the Clerk of any municipality whose boundaries are within 1,000 feet of the affected parcel. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
[Amended 4-21-2014 by Ord. No. 03-2014; 2-19-2018 by Ord. No. 02-2018]
(2) 
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Village Board stating its findings regarding § 325-111D above and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of § 325-111D(2)(a) through (f) above.
(3) 
If the Plan Commission fails to make a report within 60 days after the filing of said complete application (and in the absence of an applicant-approved extension per Subsection B above), then the Village Board may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection A above shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of § 325-111E(1) above.
(4) 
If the Plan Commission recommends approval (or denial) of an application, it shall state in the minutes, or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed conditional use outweigh (or do not outweigh) any and all potential adverse impacts of the proposed conditional use, as identified in § 325-77 B(1) through (6) above, after taking into consideration the proposal by the applicant.
F. 
Review and action by Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed conditional use. The Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator and/or the applicant. The Board may take final action on the application at the time of its initial meeting or may continue the proceedings at the applicant's request. Village Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts or its own members) or may deny approval of the proposed conditional use. If the Village Board wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in s. 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to Board action. Any action to amend the provisions of the proposed conditional use, or reverse the recommendation of the Plan Commission, requires five votes of the Board regardless of quorum size. The Village Board's approval of the requested conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
G. 
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence, or proof of change of factors, that is found to be valid by the Zoning Administrator.
H. 
Termination of approved conditional use. Upon approval by the Village Board, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property. Once a conditional use is granted, no erosion control permit, site plan approval, certificate of occupancy or building permit shall be issued for any development that does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in § 325-111B through § 325-111G above.
I. 
Time limits on development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Village Board and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of a certificate of occupancy for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Village Board and shall be based upon a showing of acceptable justification (as determined by the Village Board).
J. 
Discontinuing an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
K. 
Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property, except where limited explicitly by the Village Board. Modification, alteration or expansion of any conditional use in violation as approved per § 325-111F above, without approval by the Village Board, shall be grounds for revocation of said conditional use approval per § 325-111H above. For bed-and-breakfast land uses, the granting of a conditional use permit shall be valid while said property is owned by the owner at time of conditional use approval.
L. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection L, Recording of conditional use requirements, was repealed 4-21-2014 by Ord. No. 03-2014.
M. 
Notice to Department of Natural Resources. The Plan Commission shall transmit a copy of each application for a conditional use for conservancy regulations in the shoreland-wetland, floodway, floodplain or flood fringe to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the DNR within 10 days of the date of such decision.
N. 
Land uses previously permitted now regulated as conditional uses. A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter shall be considered as a legal conforming land use so long as the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under this article.
O. 
Fees. One or more fees are required for this procedure. Refer to the Village Administrator.
A. 
Purpose. The purpose of this article is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this article are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this article requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) require the approval of site, building and operational plans by the Village staff before the building, occupancy and zoning permits can be issued; except, however, that development activity associated with an approved final plat of subdivision or certified survey map for single-family and/or duplex dwelling units and development activity associated with the full and complete implementation of a project approved within the implementation phase of the planned unit development district is exempt from this requirement; however, a survey prepared and certified by a registered surveyor shall be prepared for any proposed development activity for such uses.
B. 
Initiation of site plan procedure.
[Amended 4-21-2014 by Ord. No. 03-2014]
(1) 
Initiation of request for approval of a site plan. Procedures for approval of a site plan shall be initiated by the owner(s) of the subject property or their legally authorized representative(s).
(2) 
Preapplication meeting. The petitioner is encouraged to first meet with the Zoning Administrator and other applicable Village staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the petitioner on technical requirements and procedures, and a timetable for project review may be discussed.
C. 
Application requirements. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Zoning Administrator to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. Said complete application shall be comprised of all of the following (The Zoning Administrator may waive any requirements deemed by the Administrator to be not applicable.):
[Amended 4-21-2014 by Ord. No. 03-2014]
(1) 
Written description of the intended use describing in reasonable detail the:
(a) 
Existing zoning district(s) [and proposed zoning district(s) if different].
(b) 
Land use plan map designation(s).
(c) 
Description of existing environmental features.
(d) 
Current land uses present on the subject property.
(e) 
Proposed land uses for the subject property.
(f) 
Projected number of residents, employees and daily customers.
(g) 
Proposed amount of dwelling units, floor area, impervious surface area and landscape surface area and resulting site density, floor area ratio, impervious surface area ratio and landscape surface area ratio.
(h) 
Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings and traffic generation.
(i) 
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article VI, including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Article VI), then the statement "The proposed development shall comply with all requirements of Article VI" shall be provided.
(j) 
Exterior building and fencing materials.
(k) 
Possible future expansion and related implications for § 325-112C(1)(a) through (j) above.
(l) 
Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.
(2) 
A small location map scalable at 11 inches by 17 inches showing the subject property, all properties within 300 feet and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the Village's Official Zoning Map with the subject property clearly indicated shall suffice to meet this requirement.)
(3) 
A property site plan drawing (and reduction scalable at 11 inches by 17 inches) which includes:
(a) 
A title block which indicates the name, address and phone number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for the project.
(b) 
The date of the original plan and the latest date of revision to the plan.
(c) 
A North arrow and a graphic scale. Said scale shall not be smaller than one inch equals 100 feet.
(d) 
A legal description of the subject property.
(e) 
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled.
(f) 
All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.
(g) 
All required building setback lines.
(h) 
All existing and proposed buildings, structures and paved areas, including building entrances, walks, drives, decks, patios, fences, walls and utility and drainage systems, connections and fixtures.
(i) 
The location and dimension (cross section and entry throat) of all access points onto public streets.
(j) 
The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter.
(k) 
The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas.
(l) 
The location of all outdoor storage areas and the design of all screening devices.
(m) 
The location, type, height, size and lighting of all signage on the subject property.
(n) 
The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with a limit of 1.0 footcandles at nonresidential property lines and 0.5 footcandles at residential property lines.
(o) 
The location and type of any permanently protected green space areas.
(p) 
The location of existing and proposed drainage facilities.
(q) 
In the legend, data for the subject property:
[1] 
Lot area;
[2] 
Floor area;
[3] 
Floor area ratio (b/a);
[4] 
Impervious surface area;
[5] 
Impervious surface ratio (d/a); and
[6] 
Building height.
(4) 
A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction scalable at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Village landscaping requirements. (NOTE: the individual plant locations and species, fencing types and heights and berm heights need to be provided.)
(5) 
A grading and erosion control plan at the same scale as the main plan (and reduction scalable at 11 inches by 17 inches) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per Wisconsin Administrative Code, COMM Chapter 21, Uniform Dwelling Code, and Chapter 65, Commercial Construction.
(6) 
Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.
(7) 
A certified survey may be required by the Zoning Administrator in instances where he determines compliance with setback requirements may be difficult. The survey shall be prepared by a registered land surveyor and shall depict property lines and proposed buildings, structures and paved areas.
(8) 
A detailed site analysis per the following submission and review process:
(a) 
Purpose. The detailed site analysis required by this article is designed to provide the clear identification of permanently protected green space areas on a site which is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties containing permanently protected natural resource areas as defined by required protected areas under state or federal regulations, plus all environmental corridor components and areas identified by the Village's Comprehensive Master Plan and/or by the Capital Area Regional Planning Commission.
(b) 
Description. The detailed site analysis shall be shown on a map of the subject property which depicts the location of all protected natural resource areas, as defined by the provisions of this article, and as located by an on-site survey. The detailed site analysis shall meet the following requirements:
[1] 
Scale. A minimum scale of one inch equals 200 feet shall be used.
[2] 
Topography. Topographic information is not required for any property that does not contain steep slopes (as designated on the Official Zoning Map). For such properties, topographic information with a minimum contour interval of two feet is required.
[3] 
Specific natural resources areas. All natural resource areas which require protection under state or federal law and all components of the environmental corridors identified on the Village Plan shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.
[4] 
Development pads.
[a] 
All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits and the recorded plat of subdivision or certified survey map.
[b] 
Beyond visible damage to natural resources, vegetation, soil and drainage patterns, site disruption activities shall not compact soil covering tree roots or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches, whose canopies are located adjacent to disturbed areas, which die within a period of five years following site disruption, shall be replaced by the property owner with a three-inch caliper tree of the same type (canopy or understory). Therefore, care shall be taken to ensure that equipment and actions associated with permitted site disruption activities are limited to the area in which they are permitted. Property owners are advised to consider addressing this replacement requirement in written agreements with their contractor(s). The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge.
[5] 
Mitigation areas. All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site analysis map with notations provided which describe the mitigation techniques employed.
(c) 
Required procedure for submission and review of detailed site analysis.
[1] 
Required timing of submission. The detailed site analysis map shall be submitted to the Zoning Administrator for initial review prior to, or concurrently with, the submission of the preliminary plat of subdivision or the certified survey map; or if the proposed development does not involve a land division, then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map, however, in no way does the acceptance and/or general approval of the concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property that has been previously approved by Village staff may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.
[2] 
Review by Village staff. Village staff shall review the submitted detailed site analysis map for general compliance with the following data sources:
[a] 
The Official Zoning Map;
[b] 
Applicable USGS 7.5 minute topographic maps for the Village of Cottage Grove and its environs;
[c] 
Air photos of the subject property;
[d] 
USGS Quads and other sources of topographic information;
[e] 
Applicable FEMA and related floodplain maps;
[f] 
Applicable federal and state wetland inventory maps;
[g] 
(The Village of Cottage Grove Comprehensive Master Plan; and
[h] 
Site visits. The Zoning Administrator shall provide the petitioner with a written evaluation of the submitted detailed site analysis map which shall indicate the acceptance by Village staff; or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts or a joint site visit.
[3] 
Modification of detailed site analysis map. If necessary, as determined by Village staff, revised detailed site analysis maps shall be prepared and submitted for review by Village staff until a version is deemed acceptable. Staff review of the detailed site analysis map may be appealed to the Zoning Board of Appeals as a matter of ordinance interpretation.
[4] 
Acceptance of detailed site analysis map. Upon notification of acceptance by Village staff (or, in case of appeal, by determination of the Zoning Board of Appeals), the petitioner may proceed with the submittal of necessary development documents.
(d) 
Integration of detailed site analysis information with required development and/or land division documents. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas and required mitigation areas) shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed plat of subdivision or certified survey map.
D. 
Review of complete application by Plan Commission and Village Board.
[Amended 4-21-2014 by Ord. No. 03-2014]
(1) 
The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of this chapter to ensure attractive, efficient and appropriate development of land in the community and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. Beyond protection of the public health, safety and welfare, this article shall enable the Plan Commission to consider factors related to community aesthetics, urban design and architectural consistency within the community. If the Plan Commission acts to approve or approve with conditions, the proposal shall be forwarded to the Village Board for final approval. The Plan Commission and Village Board, in reviewing the application, may require such additional measures and/or modifications to any or all elements of the site plan as described in the application submittal required per § 325-112C(1) through (8) as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission and Village Board may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission and Village Board; or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission and Village Board to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission or Village Board, or per Subsection F(1) below.
(2) 
In reviewing said application, the Plan Commission and Village Board, or the Zoning Administrator per Subsection F(1) below, shall make findings on each of the following criteria to determine whether the submitted site plan shall be approved, approved with modification or denied:
(a) 
All standards of this chapter and other applicable Village, state and federal regulations are met;
(b) 
The public health and safety is not endangered;
(c) 
Adequate public facilities and utilities are provided;
(d) 
Adequate control of stormwater and erosion are provided and the disruption of existing topography, drainage patterns and vegetative cover is maintained insofar as is practical;
(e) 
Appropriate traffic control and parking are provided;
(f) 
Appropriate landscaping and open space areas are provided;
(g) 
The appearance of structures maintains a consistency of design, materials, colors and arrangement with nearby properties of similar use, which comply with the general architectural guidelines provided in § 325-112D(2)(g)[1] through [5] below:
[1] 
Exterior construction materials shall be of high quality.
[2] 
Exterior building design or appearance shall not be of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.
[3] 
Exterior building design or appearance shall not be so identical with nearby buildings so as to create excessive monotony or drabness. A minimum of five basic home styles shall be provided in each residential subdivision.
[4] 
Exterior building design or appearance shall not be constructed or faced with an exterior material which is aesthetically incompatible with other nearby buildings or which presents an unattractive appearance to the public and from surrounding properties.
[5] 
Exterior building, sign and lighting design or appearance shall not be sited on the property in a manner that would unnecessarily destroy or substantially damage the natural beauty of the area.
E. 
Initiation of land use or development activity. Except with the written permission of the Zoning Administrator, absolutely no land use or development activity, including site clearing, grubbing or grading, shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.
F. 
Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of § 325-112B and C above, except under conditions described by Subsection F(1) below, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
[Amended 4-21-2014 by Ord. No. 03-2014]
(1) 
Minor site plan amendment. A proposed amendment to an approved site plan, which has a projected cost less than 10% of the assessed value of the property and not exceeding $150,000, shall be deemed a minor site plan amendment and may be approved by the Zoning Administrator without Plan Commission and Village Board approval. Such projects are subject to all of the application and submittal requirements, and approval criteria of this section. Proposed amendments that potentially affect traffic patterns in a public right-of-way or which have the potential to negatively impact adjacent properties shall be referred to the Plan Commission and Village Board for approval, regardless of project cost. The Zoning Administrator withholds the authority to designate any project for Plan Commission and Village Board approval as described in Subsection D.
G. 
Sunset clause. All buildings on an approved site plan not fully developed within two years of final Village Board approval shall expire, and all other portions of a project on an approved site plan not fully developed within a period of five years of final Village Board approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property without reapproval via the process described in this section. The Village Board may extend this period, as requested per the applicant, through the conditional use process following a public hearing.
[Amended 4-21-2014 by Ord. No. 03-2014]
H. 
Fee. A fee is required for this procedure. Refer to the Village Administrator.
Requests for a variance from the requirements of this chapter must be made to the Village of Cottage Grove Zoning Board of Appeals, in accordance with § 325-114 of this chapter, Chapter 12, Boards, Committees and Commissions, § 12-7, of the Village of Cottage Grove Municipal Code and s. 62.23(7)(e), Wis. Stats.
The creation, membership, duties and responsibilities of the Zoning Board of Appeals are found in Chapter 12, Boards, Committees and Commissions, § 12-7, of the Municipal Code of the Village of Cottage Grove, Wisconsin.
A. 
Purpose.
(1) 
The purpose of this article is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned unit developments (PUDs), and to provide for the possible relaxation of certain development standards pertaining to standard zoning districts.
(2) 
Planned unit developments are intended to provide more incentives for development and redevelopment in areas of the community, which are experiencing a lack of significant reinvestment, and/or to accommodate forms of development that forward public and private objectives that are not possible within standard zoning districts. Furthermore, planned unit developments are designed to forward both the aesthetic and economic development objectives of the Village by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping and parking requirements. Variation from certain provisions of Chapter 274, Subdivision of Land, Official Map requirements and other development-related regulations may also be sought under this process. In exchange for such flexibility, the planned unit development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.
(3) 
Planned unit developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter in combination with regulatory flexibility. In addition to such potential, planned unit developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan and on a case-by-case basis. In order to prevent these adverse impacts from occurring, all planned unit developments are required to meet certain procedural requirements applicable only to planned unit developments, in addition to the general requirements of this chapter. A public hearing process is required to review a request for a planned unit development. This process shall essentially combine the process for a Zoning Map amendment with that required for a conditional use, with several additional requirements.
(4) 
Where a variation is required from the standards of Chapter 274, Subdivision of Land, or other municipal ordinance, that variation procedure is required by state statutes, but the details of the variance proposal, and its justification, should be directly addressed in this planned unit development process. Where an amendment is sought to an adopted municipal plan or Official Map, that amendment process shall be followed, but the details of the amendment proposal, and its justification, should be directly addressed in this planned unit development process.
B. 
Provision of flexible development standards.
(1) 
Permitted location. Planned unit developments shall be permitted with the approval of a Planned Unit Development Zoning District, specific to the approved planned unit development per the procedures of §§ 325-115G and 325-115H below.
(2) 
Flexible development standards. The following exemptions to the development standards of the most comparable standard zoning district(s) may be provided with the approval of a planned unit development:
(a) 
Land use requirements. All land uses considered as residential, institutional or commercial may be permitted within a planned unit development as specified for the approved planned unit development.
(b) 
Density and intensity requirements. All requirements listed for residential density (number of dwelling units per acre) and nonresidential intensity (percentage of lot area compared to total floor area and impervious surface area) may be waived or modified within a planned unit development as specified for the approved planned unit development.
(c) 
Bulk requirements. All bulk requirements (building setback and height) may be waived or modified within a planned unit development as specified for the approved planned unit development.
(d) 
Landscaping requirements. All landscaping requirements may be waived or modified within a planned unit development as specified for the approved planned unit development.
(e) 
Parking and loading requirements. All requirements for off-street parking, traffic circulation and off-street loading may be waived or modified within a planned unit development as specified for the approved planned unit development.
(f) 
Other development requirements imposed by ordinance or plan. Requirements of Chapter 274, Subdivision of Land, Official Map or other local regulations or plans may be waived or modified in a planned unit development as specified for the approved planned unit development.
(3) 
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan required by the Village as part of the approved planned unit development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping and parking and loading) is otherwise listed as permitted. Requested exemptions from these zoning standards, and any other Village regulations or plans (such as Chapter 274, Subdivision of Land), shall be made explicit by the applicant in the application and shall be recommended by the Plan Commission and approved explicitly by the Village Board as part of the planned unit development process and through any other required process such as a Chapter 274, Subdivision of Land, variance or plan amendment procedure. If not so requested and approved, such exemptions shall not be permitted.
(4) 
Minimum site area requirement. There are no absolute requirements for minimum area eligible for planned unit development. However, the proposed site shall be so sized and configured to provide for a unified planning and development approach with appropriate relationships to nearby properties.
C. 
Initiation of request for approval of planned unit development. Proceedings for approval of a planned unit development shall be initiated by:
(1) 
An application of the owner(s) of the subject property; or
(2) 
A recommendation of the Plan Commission and action by the Village Board relative to Village-owned property.
D. 
Application requirements. All applications for proposed planned unit developments, regardless of the party of their initiation per § 325-115C above, shall be certified as complete by the Zoning Administrator a minimum of 20 working days prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the Village Administrator. Said application shall apply to each of the process steps in §§ 325-115F through 325-115H below. With the Plan Commission's approval (and generally for simple PUDs), the applicant may combine PUD process Steps 1 and 2, or Steps 1, 2 and 3.
E. 
PUD Process Step 1: preapplication conference.
(1) 
The applicant shall contact the Zoning Administrator to place an informal discussion item for the PUD on the Plan Commission agenda.
(2) 
No details beyond the name of the applicant, the location of the subject property, a listing of potential land uses and the identification of the discussion item as a PUD is required to be given in the agenda.
(3) 
At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the potential PUD. Appropriate topics for discussion may include the location of the PUD, general project themes and images, the general mix of types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets and relationship to the Comprehensive Master Plan.
(4) 
Points of discussion and conclusions reached in this stage of the process shall be in no way be binding upon the applicant or the Village, but should be considered as the informal, nonbinding basis for proceeding to the next step.
F. 
PUD Process Step 2: concept plan.
(1) 
The applicant shall provide the Zoning Administrator with a draft PUD concept plan submittal packet for a determination of completeness prior to placing the proposed PUD on the Plan Commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement on the agenda for concept plan review:
(a) 
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village of Cottage Grove Comprehensive Master Plan Land Use Plan Map.
(b) 
A general written description of proposed PUD including:
[1] 
General project themes and images.
[2] 
The general mix of dwelling unit types and/or land uses.
[3] 
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio (total building floor area divided by site area) and impervious surface area ratio (total impervious surface area divided by site area).
[4] 
The general treatment of natural features.
[5] 
The general relationship to nearby properties and public streets.
[6] 
The general relationship of the project to the Comprehensive Master Plan.
(c) 
A written description of potentially requested exemption from the requirements of the most comparable standard zoning district(s), including:
[1] 
Land use exemptions.
[2] 
Density and intensity exemptions.
[3] 
Bulk exemptions.
[4] 
Access, parking and loading exemptions.
[5] 
Landscaping exceptions.
[6] 
Exemptions related to other municipal ordinances and plans. The purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility.
(d) 
A conceptual plan drawing (scalable at 11 inches by 17 inches) of the general land use layout and location of major public streets and/or private drives. The applicant may submit copies of a larger version in addition to the scalable 11 inches by 17 inches.
(2) 
Within 10 working days of receiving the draft PUD concept plan submittal packet, the Zoning Administrator shall determine whether the submittal is complete. Once the Zoning Administrator has received a complete packet, the proposed PUD concept plan shall be placed on the Plan Commission agenda.
(3) 
At the Plan Commission meeting, the applicant shall engage in an informal discussion regarding the conceptual PUD. Appropriate topics for discussion may include any of the information provided in the PUD concept plan submittal packet or other items as determined by the Plan Commission.
(4) 
Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the Village, but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal petition for rezoning via the GDP application.
(5) 
Informational public meetings. The owner, developer, or applicant shall hold one or more informational meetings or open houses with the community as determined by the Plan Commission and/or Village Board prior to submitting a general development plan.
[Added 2-19-2018 by Ord. No. 02-2018]
G. 
PUD Process Step 3: general development plan (GDP).
(1) 
The applicant shall provide the Zoning Administrator with a draft GDP plan submittal packet for a determination of completeness prior to placing the proposed GDP on the Plan Commission agenda for GDP review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for GDP review:
(a) 
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village of Cottage Grove Comprehensive Master Plan Land Use Plan Map.
(b) 
A vicinity map of the subject property showing all lands for which the planned unit development is proposed and all other lands within 400 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dane County. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) that maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale and a north arrow shall be provided.
[Amended 2-19-2018 by Ord. No. 02-2018]
(c) 
A general written description of proposed PUD including:
[1] 
General project themes and images.
[2] 
The general mix of land uses, including (if applicable) dwelling unit types.
[3] 
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio (the total floor area divided by the site area) and impervious surface area ratio (the total impervious surface area divided by the site area).
[4] 
The general treatment of natural features.
[5] 
The general relationship to nearby properties, streets, utilities and facilities.
[6] 
The general relationship of the project to the Comprehensive Master Plan.
[7] 
A statement of rationale as to why PUD zoning is proposed. This shall identify barriers that the applicant perceives in the form of the requirements of standard zoning districts and the opportunities for community betterment the applicant suggests are available through the proposed PUD zoning.
[8] 
A complete list and description of zoning standards of the most comparable standard zoning district(s) which will not be met by the proposed PUD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PUD and the location(s) in which they apply shall be identified. The purpose of this list shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility. List items shall be provided, including:
[a] 
Land use exemptions.
[b] 
Density and intensity exemptions.
[c] 
Bulk exemptions.
[d] 
Landscaping exceptions.
[e] 
Access parking and loading requirements exceptions.
[f] 
Exemptions related to other municipal ordinances and plans.
(d) 
A general development plan drawing, at a minimum scale of one inch equals 100 feet (11 inches by 17 inches scalable reduction shall also be provided by the applicant), of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[1] 
A conceptual plan drawing (scalable at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the "bubble plan" in addition to the 11 inches by 17 inches scalable reduction.
[2] 
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use.
[3] 
Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging and any other plans required by the Plan Commission or Village Board.
[4] 
Notations relating the written information provided in § 325-115G(1)(c)[1] through [6] above to specific areas on the GDP drawing.
(e) 
A general conceptual landscaping plan for subject property, noting in text and/or general map labels, the anticipated general compliance with requirements for the locations of foundation, street, yard and paving, landscaping and anticipated instances of noncompliance with the landscaping requirements of this chapter (as noted in the listing of exceptions) and the anticipated use of extra landscaping and bufferyards. Land uses exempted by this chapter from required landscaping such as agricultural uses and detached single-family dwellings are not required to provide conceptual or detailed landscaping plans.
(f) 
For single-building planned unit developments, a series of general conceptual building elevations depicting the general architectural theme for the planned unit development, including notes as to the general range of materials and colors proposed. For multibuilding planned unit developments, a written description of the proposed range of architectural character(s) for the planned unit development and sample drawings and/or photos for this project or other developments that provide visual examples of such character(s).
(g) 
A general conceptual signage plan for the project, including project identification signs, concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) and group development signs which are proposed to vary from Village standards or common practices.
(h) 
Written justification for the proposed planned unit development. (The applicant is advised to use the requirements of the Zoning Map amendment procedure to develop said written justification.) The applicant must demonstrate that the generally desired balance between public and private benefits associated with standard development is improved in the public's favor with the approval of the proposed planned unit development.
(2) 
The process and fees for review and approval of the GDP shall be $300, plus reimbursement of municipal consultant costs, and (if land is to be divided) in addition to that for preliminary and final plats of subdivision per the Municipal Code.[1]
[1]
Editor's Note: Fees are now set by resolution of the Village Board. The current fee resolution is on file in the office of the Village Clerk.
(3) 
Prior to the Plan Commission recommendation to the Village Board for approval, approval with modification or denial, a public hearing shall be held to consider the proposed GDP. The procedures used for amendments to the Official Zoning Map shall be followed for this process.
(4) 
All portions of an approved PUD/GDP not fully improved with public improvements within 10 years of final Village Board approval shall expire, and no additional PUD-based development within the lapsed PUD shall be permitted. The Village Board shall extend this ten-year period by up to 10 additional years unless the Village Board makes a formal finding of fact related to changed or changing conditions in or around the PUD that clearly indicated that completion of the PUD poses a threat to the general public interest, via a majority vote following a public hearing.
H. 
PUD Process Step 4: precise implementation plan (PIP).
(1) 
After the effective date of the rezoning to PUD/GDP, the applicant may file an application for a proposed precise implementation plan (PIP) with the Plan Commission. This submittal packet shall contain all of the following items prior to its acceptance by the Zoning Administrator and placement of the item on a Commission agenda for PUD review:
(a) 
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village of Cottage Grove Land Use Plan Map.
(b) 
A vicinity map of the subject property showing all lands for which the planned unit development is proposed and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dane County. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) that maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale and a North arrow shall be provided.
(c) 
A general written description of proposed PIP including:
[1] 
Specific project themes and images.
[2] 
The specific mix of land uses, including (if applicable) dwelling unit types.
[3] 
Specific residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio (the total floor area divided by the site area) and impervious surface area ratio (the total impervious surface area divided by the site area).
[4] 
The specific treatment of natural features.
[5] 
The specific relationship to nearby properties and to public streets, utilities and facilities.
[6] 
A statement of rationale as to why PUD zoning is proposed. This shall identify the barriers that the applicant perceives in the form of requirements of standard zoning districts and the opportunities for community betterment the applicant suggests are available through the proposed PUD zoning.
[7] 
A complete list of zoning standards of the most comparable standard zoning district(s) which will not be met by the proposed PIP and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PIP and the location(s) in which they apply shall be identified. The purpose of this list shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit and in regard to the mitigation of potential adverse impacts created by design flexibility. List items shall include:
[a] 
Land use exemptions.
[b] 
Density and intensity exemptions.
[c] 
Bulk exemptions.
[d] 
Landscaping exceptions.
[e] 
Access, parking and loading requirements exceptions.
[f] 
Exemptions related to other municipal ordinances and plans.
(d) 
A precise implementation plan drawing, at a minimum scale of one inch equals 100 feet (11 inches by 17 inches scalable reduction shall also be provided by the applicant), of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[1] 
A PIP site plan conforming to any and all the requirements of the site plan review and approval procedures required by the Village. If the proposed planned unit development is a cluster development or a group development, a proposed preliminary plat or conceptual plat shall be provided in addition to the required site plan.
[2] 
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use.
[3] 
Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging and any other plans required by the Plan Commission or Village Board.
[4] 
Notations relating the written information provided in § 325-115G(1)(c)[1] through [5] above to specific areas on the PIP drawing.
(e) 
A landscaping plan for subject property, specifying the location, species and installed size of all trees and shrubs. This plan shall also include a chart that provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all plants. Land uses exempted by this chapter from required landscaping such as agricultural uses and detached single-family dwellings are not required to provide conceptual or detailed landscaping plans.
(f) 
A series of building elevations for the entire exterior of all buildings in the PUD, including detailed notes as to the materials and colors proposed except for single-family detached and duplex dwellings which shall follow general design guidelines established by the developer and approved as part of the PIP.
(g) 
A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) and group development signage themes which are proposed to vary from Village standards or common practices.
(h) 
A general outline of the intended organizational structure for a property owners' association, if any, deed restrictions and provisions for private provision of common services, if any.
(i) 
A written description which demonstrates the full consistency of the proposed PIP with the approved GDP.
(j) 
Any and all deviations between the requirements of the applicable PUD/GDP zoning district and the proposed PIP development.
(k) 
The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of all public and private improvements associated with the proposed development.
(l) 
The area included in a precise implementation plan may be only a portion of the area included in a previously approved general implementation plan.
(m) 
The PIP submission may include site plan and design information as required by the Village, allowing the Plan Commission to combine design review and review of the PIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
(n) 
The Plan Commission or Village Board may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the PIP, as such may be relevant to review, as based on potential relationship to the public health, safety and general welfare.
(2) 
The process and fees for review and approval of the PIP shall be $300, plus reimbursement of municipal consultant costs, and (if land is to be divided) in addition to that for preliminary and final plats of subdivision per the Municipal Code.[2] Any land uses otherwise regulated as permitted or special uses by this chapter shall be reviewed under the procedures for reviewing a permitted or special use as prescribed by this chapter. Any land uses otherwise regulated as a conditional use by this chapter shall be reviewed under the procedures for reviewing a conditional use as proscribed by this chapter. However, where such conditional uses are specified in the GDP submittal and approved as part of the GDP, the conditional use consideration shall be limited to site design and operational issues and shall not apply to the land use itself.
[2]
Editor's Note: Fees are now set by resolution of the Village Board. The current fee resolution is on file in the office of the Village Clerk.
(3) 
All portions of an approved PUD/PIP not fully improved with public improvements within 10 years of final Village Board approval shall expire, and no additional PUD-based development within the lapsed PUD shall be permitted. The Village Board shall extend this ten-year period by up to 10 additional years unless the Board makes a formal finding of fact related to changed or changing conditions in or around the PUD that clearly indicated that completion of the PUD poses a threat to the general public interest, via a majority vote following a public hearing.
(4) 
Approved PUDs, which have not been completed within the time limits established by Subsection C above, shall revert to the preexisting zoning designation(s).
I. 
Planned unit development implementation. Upon approval of a PIP and appropriate land divisions and development agreements by the Village Board, the applicant may apply for building permits, zoning and use permits from the Zoning Administrator. Upon granting of the necessary permits, the applicant may commence construction.
J. 
Determination of most comparable standard zoning districts. The Zoning Administrator shall be responsible for making a determination as to the most comparable set of standard zoning districts.
A. 
Purpose.
(1) 
The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary use.
(2) 
Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
(3) 
Land uses which fail to meet one of the requirements for temporary uses of § 325-49 may be reviewed as a conditional use. (See § 325-20B.)
B. 
Regulations applicable to all temporary uses. No public hearing is required to develop a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of this article must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this chapter. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this Code and shall be subject to all applicable procedures and penalties.
C. 
Application requirements. All applications for proposed temporary uses shall be approved as complete by the Zoning Administrator prior to certification of the proposed temporary use. Said complete application shall be comprised of all of the following:
(1) 
A map of the subject property showing all lands for which the temporary use is proposed and all other lands within 200 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale and a North arrow shall be provided;
(2) 
A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village as a whole; and
(3) 
A written description of the proposed temporary use describing the type of activities, buildings and structures proposed for the subject property and their general locations.
(4) 
The Zoning Administrator may require a site plan of the subject property. Said site plan shall conform to any and all the requirements of § 325-112C.
D. 
Approval by the Zoning Administrator. Approval of a temporary use shall be by the Zoning Administrator following review of said complete application per § 325-116C above.
E. 
Fee. A fee is required for this procedure. Refer to the Village Administrator.