April 23, 2015 - Village of Forsyth, Illinois

Transcription

AGENDA
REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
OF THE VILLAGE OF FORSYTH, ILLINOIS
6:30 P.M.
THURSDAY, APRIL 23, 2015
VILLAGE HALL, 301 SOUTH ROUTE 51, FORSYTH, ILLINOIS
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES
PUBLIC HEARINGS
1. Variance request: 695 Elwood – Clinton Johnston
Petitioner is requesting approval to allow his tree house to remain in the corner side yard.
2. Text Amendment request: Village of Forsyth
The Village of Forsyth is requesting to modify provisions regarding the OT Zoning District and add a
definition and regulations for mixed use buildings.
3. Map Amendment request: Village of Forsyth
The Village of Forsyth is requesting 4 properties currently zoned OT be re-zoned to B.
OLD BUSINESS
1. Discussion on potential text amendment to the Village of Forsyth Development Ordinance
NEW BUSINESS
ADJOURNMENT
Agenda
Regular Meeting Of The Planning And Zoning Commission Of The Village Of Forsyth, Illinois
Thursday, April 23, 2015
Page 1 Of 1
MINUTES OF A REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION
FOR THE VILLAGE OF FORSYTH, IL
Held at the Village Hall
March 26, 2015
Call to Order
Planning and Zoning Commission Chair Bill Busbey called the meeting to order at 6:30 p.m.
Pledge of Allegiance
Roll Call
Upon call of the roll, the following Planning and Zoning Commissioners answered present:
Physically Present:
Regular Commissioners: Bill Busbey, Dennis Downey, Jim Peck, Larry Perkins, Kris Quandt,
Scott Spriggs
Regular Commissioners Absent: Matt May
Alternate Commissioners Physically Present: Brandon Janvrin
Alternate Commissioners Absent: Terry Taylor
Quorum
Also Physically Present
Administrator David Strohl, Inspector Linn Summers, Attorney Jeff Jurgens, Economic
Development Coordinator Emily Prather, John Moody, Larry Reed, Clerk Amy Goodman.
Approval of Minutes
Chair Bill Busbey referred to the minutes from the January 22, 2015 meeting for review. He
asked if there were any corrections or additions needed.
Kris Quandt moved and Dennis Downey seconded to approve the minutes. Upon a call of the
roll, the vote was:
Yeas:
Nays:
Abstain:
Absent:
6— Bill Busbey, Dennis Downey, Jim Peck, Larry Perkins, Kris Quandt, Scott Spriggs
0— None
1— Brandon Janvrin
2— Matt May, Terry Taylor
Motion declared carried.
Purpose of Meeting
Chair Bill Busbey explained that the agenda for tonight’s meeting did not include any Public
Hearings. Adoption of Operating and Public Hearing Procedures is on the agenda for
discussion in tonight’s meeting as well discussion on the Original Town overlay district and
changes to the Development Ordinance.
Village of Forsyth
Planning and Zoning
Commission Meeting Minutes
March 26, 2015
2
PUBLIC HEARINGS
None.
Old Business
Adoption of Standard Operating and Public Hearing Procedures
Coordinator Emily Prather presented the three changes to the Standard Operating and Hearing
Procedures that were discussed at the January meeting. 1) Parliamentary Procedure: Robert’s
Rules of Order will be used. Jeff Jurgens will be the contact if there is a parliamentary rules
issue during a meeting. 2) The definition for Development Ordinance was modified and 3) A
definition for Motion was added. Robert’s Rules of Order along with the application process
including sign up cards for those wishing to speak, swearing in procedures and Exhibit C, the
Order of Presentation was discussed. Staff recommends adopting this document as a guideline
for the Commission.
Kris Quandt moved and Jim Peck seconded to adopt the Standard Operating and Public
Hearing Procedures as presented. Upon a call of the roll, the vote was:
Yeas:
7—Bill Busbey, Dennis Downey, Brandon Janvrin, Jim Peck, Larry Perkins, Kris
Quandt, Scott Spriggs.
Nays:
0—None.
Absent: 2—Matt May, Terry Taylor
New Business
Discussion on Original Town Overlay Zoning District
Coordinator Emily Prather presented the original town overlay zoning district and suggestions
for correction. Staff recommendation is to remove all references of an overlay district and make
the original town a distinct base district and rezone four properties. It was noted that this is
basically a cleanup of the text and map amendment that were adopted in 2013 to the Village
Comprehensive Plan.
Kris Quandt moved and Brandon Janvrin seconded to direct staff to proceed with the public
hearing for a text amendment and map amendment. Upon a call of the roll, the vote was:
Yeas:
7—Bill Busbey, Dennis Downey, Brandon Janvrin, Jim Peck, Larry Perkins, Kris
Quandt, Scott Spriggs.
Nays:
0—None.
Absent: 2—Matt May, Terry Taylor
Village of Forsyth
Planning and Zoning
Commission Meeting Minutes
March 26, 2015
3
Discussion on potential changes to the Village of Forsyth Development Ordinance
Attorney Jeff Jurgens referenced Page 9-10 E (1) (a) from the Forsyth Development Ordinance
that talks about the standards for variances and whether to include the language (“…yield a
reasonable return…”) and how applicants might provide proof. His memo provided the statutory
requirements for municipalities under 500,000 and he provided examples from other
communities that do not use this language. Staff will provide a draft of a Text Amendment with
modified wording for consideration at the next meeting.
Coordinator Emily Prather summarized the changes to the Development Ordinance that may
help benefit the Village. The majority were typographical errors and referencing incorrect
sections. Definition changes were discussed. The Commission was asked to review potential
changes to the Development Ordinance and provide their recommendations at the next
meeting. Coordinator Emily Prather stated she will look into providing maps that are referenced
in Appendix B but are missing.
Next Meeting
Chair Bill Busbey announced that the next regular Planning & Zoning meeting would be April 23,
2015 at 6:30 p.m.
Adjournment
The meeting was adjourned at 7:30 p.m. by voice vote.
Amy Goodman
By: _______________________________
Village Clerk
Reviewed by William F. Busbey
P&ZC Chairman
18March2015
NOTICE OF PUBLIC HEARING
The Village of Forsyth Planning and Zoning Commission will hold public hearings at 6:30 p.m., Thursday, April 23, 2015,
at the Village Hall, 301 S. Rt. 51, Forsyth, IL. The purpose of these hearings will be to hear arguments for and against a
request for a Variance, a request for a Map Amendment, and a request for a Text Amendment.
Variance
Owner of Property: Clinton Johnston
Address and/or Location of Property: 695 Elwood, Forsyth, IL 62535
Nature of Request: allow a tree house to remain in the corner side yard
Existing Zoning Classification: OT: Original Town
Requested Exceptions From Applicable Regulations: Section 3.5 D
Name and Address of the Legal and Beneficial Owner of the Property for Which the Variation is Requested: Clinton &
Dara Johnston, 695 S. Elwood Street, Forsyth, IL 62535
Legal Description of Subject Property: Lot 1 Colonial Manor Addition (156.9’ x 134.45’)
PIN: 07-07-14-302-008
Map Amendment
The Village of Forsyth is the petitioner for the map amendment request for the following four parcels.
Owner of Property: Ronald & Martha Margenthaler
Address and/or Location of Property: 315 E. Ruehl Street, Forsyth, IL 62535
Nature of Request: Re-zoning to B: Business
Legal Description of Subject Property: East 85’ of Lot 1 Block 6 of the Village of Forsyth subdivision
PIN: 07-07-14-130-002
Owner of Property: J & L Holdings Forsyth LLC
Address and/or Location of Property: 324 Ruehl Street, Forsyth, IL 62535
Legal Description of Subject Property: West 40’ of the South ½ of Lot 8 & the West 40’ of Lot 10 Block 7,
04BK35000/982 of the Village of Forsyth subdivision
PIN: 07-07-14-128-007
Owner of Property: Village of Forsyth
Address and/or Location of Property: 268 S. Elwood Street, Forsyth, IL 62535
Legal Description of Subject Property: Lots 2, 3, 5, & 7 and the East 51’ of Lot 9 Block 7 of the Village of Forsyth
subdivision
PIN: 07-07-14-128-014
Owner of Property: My Enterprises LLC
Address and/or Location of Property: 272 S. Elwood Street, Forsyth, IL 62535
Legal Description of Subject Property: West 99’ of Lot 9 Block 7 of the Village of Forsyth subdivision
PIN: 07-07-14-128-005
Text Amendment
The Village of Forsyth, 301 S. Rt. 51, Forsyth, IL 62535, is requesting a text amendment to the Village of Forsyth
Development Ordinance. The text amendment would modify provisions regarding the OT Zoning District and add a
definition and regulations for mixed use buildings.
All persons interested may appear and speak at this hearing.
Bill Busbey, Chairman
Forsyth Planning and Zoning Commission
Forsyth, IL
Staff Summary
April 23, 2015
Agenda Item # 1 Public Hearings
REPORT TO:
Planning and Zoning Commission
FROM:
Emily Prather, Community & Economic Development Coordinator
SUBJECT:
Public Hearing And Potential Action Regarding A Variance For 695 Elwood –
Clinton Johnston
BACKGROUND:
I recently reviewed past code enforcement violations that were outstanding from when
previous Village Clerk Kathy Mizer was here. One past violation was a tree house that is
located in the corner side yard of Clinton Johnston’s property at 695 Elwood. According
to the Development Ordinance Section 3.5 D “No accessory building or structure shall
encroach upon that side yard of a corner lot which is adjacent to the street…” Since the
tree house is already an existing structure, Mr. Johnston has requested a variance to
allow his tree house to remain in the corner side yard of his property at 695 Elwood.
The public hearing notice was published in the Decatur Herald and Review on April 8th
according to Illinois Code regulations.
RECOMMENDATION:
Since the tree house has been a pre-existing structure for several years, staff
recommends the Planning and Zoning Commission recommend approval of the variance
to the Village Board of Trustees if the Commission deems the variance standards have
been met by Mr. Johnston.
Respectfully submitted,
Emily Prather
Community & Economic Development Coordinator
Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863
William & Patricia Pitts
691 S Elwood Street
Forsyth, IL 62535
Jeremy & Elizabeth Tennyson
689 S Elwood
Forsyth, IL 62535
O’Neal & Ida Roberts
685 S Elwood
Forsyth, IL 62535
Andrew Weatherford
543 Lauren Lane
Forsyth, IL 62535
Jeffrey & Rebecca Allsup
559 Lauren Lane
Forsyth, IL 62535
Oliver & Lou Bowers
575 Lauren Lane
Forsyth, IL 62535
William & Sharon Gallagher
591 Lauren Lane
Forsyth, IL 62535
Timothy & Cynthia Blankenship
607 Lauren Lane
Forsyth, IL 62535
1st National Bank TR 4237
130 N Water Street
Decatur, IL 62523
Javier & Ana Llano
594 Lauren Lane
Forsyth, IL 62535
Rodney & Elizabeth Moran
610 Lauren Lane
Forsyth, IL 62535
Kenneth & Jennifer Elsey
703 Gunnar Lane
Forsyth, IL 62535
Sharon Thomas
795 S Elwood Street
Forsyth, IL 62535
Gary & Nancy Quandt
250 Ponderosa Drive
Forsyth, IL 62535
Mark & Dani Ortmann
240 Ponderosa Drive
Forsyth, IL 62535
Jeffrey Skubal
230 Ponderosa Drive
Forsyth, IL 62535
Kevin Roberts
225 Magnolia Drive
Forsyth, IL 62535
Ronald Barricklow
235 Magnolia Drive
Forsyth, IL 62535
Christopher & Lisa Peitzmann
245 Magnolia Drive
Forsyth, IL 62535
Angela Church
255 Magnolia Drive
Forsyth, IL 62535
Justin & Jessica Brownfield
265 Magnolia Drive
Forsyth, IL 62535
Wen Xiu & Fengqin Chen
275 Magnolia Drive
Forsyth, IL 62535
Vernon Brunner
250 Magnolia Drive
Forsyth, IL 62535
Harold & Donna Gilbert
240 Magnolia Drive
Forsyth, IL 62535
Edwin & Nancy Derby
230 Magnolia Drive
Forsyth, IL 62535
Sondra Cole
220 Magnolia Drive
Forsyth, IL 62535
Staff Summary
April 23, 2015
REPORT TO:
FROM:
SUBJECT:
Public Hearing And Potential Action Regarding A Text Amendment For OT
Zoning District
BACKGROUND:
After the discussion during the last Planning and Zoning Commission meeting, staff have
been working on drafting the text changes that are needed relating to the OT Zoning
District. Following this staff summary is the proposed changes to the Development
Ordinance that the Planning and Zoning Commission will potentially base their
recommendation on. These changes have been proposed after a recent review of the
Development Ordinance, and it was noticed the DO states the OT district is an overlay
but the other regulations within the DO don’t support this and instead the OT is more
like a separate base district.
RECOMMENDATION:
The Planning and Zoning Commission should open the public hearing, listen to any
comments from the public, and then close the public hearing. After the public hearing,
staff recommends the Planning and Zoning Commission recommend approval to the
Village Board of Trustees the text amendments regarding the OT Zoning District and
adding a definition and regulations for mixed use buildings.
Emily Prather
Development Ordinance Proposed Changes (relating to OT):
Text Amendment. The following text amendments shall be made to the Development Ordinance:
1.
Article II, Section 2-2 of the Development Ordinance shall be amended by adding a definition of
“Mixed Use Building” as follows:
Mixed Use Building – A building or structure that incorporates office and/or
commercial uses on the main floor with residential uses on the second
floor. The office and/or commercial use shall only include those uses
that are permitted within the zoning district the building is located. If the
office and/or commercial use requires a special use permit, the special
use shall be granted before the mixed use building is allowed following
the process outlined in Section 9.12.
2.
Article III, Section 3.5 F of the Development Ordinance shall be amended by modifying the text
as follows:
All accessory buildings or structures shall be at least four (4) feet from any
property line. However, accessory buildings and structures constructed prior to
March 1, 2012 may be within two (2) feet from any property line except in the
OT Overlay District where they may be placed at the property line.
3.
Article IV, Section 4.4 A bullet point #3 of the Development Ordinance shall be amended by
modifying the text as follows:
OT: OldOriginal Town Overlay District
4.
Article IV, Section 4.5 A(3) of the Development Ordinance shall be amended by modifying the
text as follows:
The OT Original Town OverlayDistrict is designed to address the unique
issues with older single-family lots in the Village which were developed prior to
current lot size requirements.
5.
Article IV, Section 4.8 of the Development Ordinance shall be amended by modifying the text as
follows:
Local, Township, or County, or Federal Governmental Building
6.
Article IV, Section 4.8 of the Development Ordinance shall be amended by adding the following
as a permitted use in the Village’s “B” and “C-1” zoning districts:
Mixed Use Building
7.
Article IV, Section 4.9 Note [4] of the Development Ordinance shall be amended by modifying
the text as follows:
Lot sizes for special uses shall be as specified in the special use permit, unless
otherwise noted for a particular use listed in this District, based upon the criteria
listed in Article IX, Section 9.11. In the Original Town OverlayDistrict, lots
platted prior to September 1, 2013 may have a minimum lot size of 5,000 square
feet.
Staff Summary
April 23, 2015
REPORT TO:
FROM:
SUBJECT:
Public Hearing And Potential Action Regarding A Map Amendment For Four
Parcels
BACKGROUND:
Following this staff summary is a map that outlines the four properties where the
proposed zoning change will occur. These map amendments have been proposed after
a recent review of the Development Ordinance including the Zoning Map, and it was
noticed that three properties currently zoned OT are non-conforming uses so those
three parcels are proposed to be re-zoned to B: Business. The library parcel is also being
proposed to be re-zoned as well to create a cohesive B district. The proposed map
amendment would make these uses conforming in the B: Business zoning district.
RECOMMENDATION:
The Planning and Zoning Commission should open the public hearing, listen to any
comments from the public, and then close the public hearing. After the public hearing,
staff recommends the Planning and Zoning Commission recommend approval to the
Village Board of Trustees the map amendment.
Emily Prather
Proposed Map Amendment
Re-zone from OT to B: Business
J & L Holdings Forsyth LLC
PO Box 22
Forsyth, IL 62535
My Enterprises LLC
2558 E. Hwy 36
Newman, IL 61942
Ronald & Martha Margenthaler
123 S. Smith Street
Forsyth, IL 62535
Robert & Beth Crose
255 S. Smith Street
Forsyth, IL 62535
Verna Schwartz
261 S. Smith Street
Forsyth, IL 62535
Randy & Diane Johner
407 Shafer Street
Forsyth, IL 62535
Stacy & Deanna Lowe
222 S. Smith Street
Forsyth, IL 62535
Thomas & Penny Hupp
234 S. Smith Street
Forsyth, IL 62535
Jerry & Ruth Garner
342 Ventura Drive
Forsyth, IL 62535
Lynn & Sarah Woollen
258 S. Smith Street
Forsyth, IL 62535
Brian & Jill Mosley
26 Fields East
Champaign, IL 61822
Jerry Davenport
270 S. Smith Street
Forsyth, IL 62535
Robert & June Brock
306 S. Smith Street
Forsyth, IL 62535
Bruce Washburn
PO Box 44
Forsyth, IL 62535
Debra Washburn
524 W. Hickory Point Road
Forsyth, IL 62535
Mark & Angela Mitchell
380 S. Smith Street
Forsyth, IL 62535
Stephen Daniels & Amanda Fogerson
PO Box 134
Forsyth, IL 62535
Lloyd & Carol Wilber
328 E. Fitch Street
Forsyth, IL 62535
James & Cherry Tadlock
348 S. Elwood Street
Forsyth, IL 62535
Mark & Annette Hebenstreit
367 S. Smith Street
Forsyth, IL 62535
Scott Spriggs
PO Box 532
Forsyth, IL 62535
Brian Waddell
209 S. 6th Street
Riverton, IL 62561
Helen Preston
PO Box 521
Forsyth, IL 62535
Jared Anderson
Forsyth, IL 62535
Megan Hoffman
Forsyth, IL 62535
James Hockaday
232 E. Fitch Street
Forsyth, IL 62535
Michael Betancourt & Christina Burress
6331 Kirby Road
Oreana, IL 62554
Don & Carol McKinley
Forsyth, IL 62535
Maurice & Doris Kapper
1302 S. Clement Avenue
Forsyth, IL 62535
Clarence & Phyllis Oldfield
Forsyth, IL 62535
Weston & Georgia Brohard
211 E. Ruehl Street
Forsyth, IL 62535
James Ashby
203 E. Ruehl Street
Forsyth, IL 62535
Jeff & Crystal London
255 S. Elwood Drive
Forsyth, IL 62535
Timothy & Cassandra Laskowski
Forsyth, IL 62535
Mark & Cherie Edgecombe
Forsyth, IL 62535
Forsyth United Methodist Church
Forsyth, IL 62535
Chris & Deanne Bendsen
1076 Cedar Hill Drive
Decatur, IL 62521
Lawrence & Shirley Lechleiter
228 S. Grant Street
Forsyth, IL 62535
Dennis & Bonnie Pulliam
PO Box 512
Forsyth, IL 62535
Natalie Sams
156 S. Grant Street
Forsyth, IL 62535
Lisa Bogle
Forsyth, IL 62535
Frank Sloan
Forsyth, IL 62535
William Fornwalt
Forsyth, IL 62535
Derek & Amber Reynolds
Forsyth, IL 62535
David & Sheila Howland
306 E. Moon Street
Forsyth, IL 62535
Stephanie Pickett
159 S. Smith Street
Forsyth, IL 62535
Larry & Ruth Ann Hambrecht
PO Box 188
Forsyth, IL 62535
Staff Summary
April 23, 2015
Agenda Item # 1 Old Business
REPORT TO:
FROM:
SUBJECT:
Discussion On Potential Text Amendment To The Village Of Forsyth
Development Ordinance
BACKGROUND:
After a recent review of the Development Ordinance, I have compiled a list of potential
changes that follows this staff summary. Some of the changes are simple and just
correct section references while others listed in the document may take some
discussion. The Planning and Zoning Commission can review the list I created and
determine if any of the items should be implemented as proposed changes to the
Development Ordinance.
RECOMMENDATION:
The Planning and Zoning Commission should review the document attached and provide
any input and discussion on the proposed changes to the Village of Forsyth
Development Ordinance. The Planning and Zoning Commission can determine if a
change should or should not be made.
Emily Prather
Development Ordinance Proposed Changes:
Text Amendment. The following text amendments shall be made to the Development Ordinance:
*All numbering and formatting will be corrected with these changes
Article 2 – Rules & Definitions:
Text Amendment to Article II. Article II, Section 2-2 of the Development Ordinance shall be
amended by adding the following definitions:
Addition – Any construction which increases the size of a building or structure in terms
of site coverage, height, length, width, or gross floor area.
ADT (Average Daily Traffic) – The average number of motor vehicles per day that pass
over a given point or segment of street.
Alteration – Any construction or physical change in the internal arrangement of spaces,
the supporting members, the positioning on a site, or the appearance of a building
or structure.
Attached – Having one or more walls in common with a principal building or connected
to a principal building by an integral architectural element, such as a covered
passageway; façade wall extension; or archway.
Base Zoning District – A district established by the Ordinance, which prescribes basic
regulations governing land use and site development standards. No more than
one Base Zoning District shall apply to any individually platted lot or parcel
unless the lot or parcel is part of a Planned Unit Development. (only needed if
make the OT an overlay)
Block – An area of land within a subdivision that is entirely bounded by streets and the
exterior boundaries of the subdivision, or by a combination of the above with a
watercourse, and which has been designated as such on a plat for the purposes of
legal description of a property.
Block Face – The property abutting one side of a street and lying between the two nearest
intersection streets, or between the one nearest intersecting street and a major
physical barrier.
Buffer – A landscaped area intended to separate and partially obstruct visual or other
sensory effects of two adjacent land uses or properties from one another.
Business – Activities that include the exchange or manufacture of goods or services on a
site.
Change of Use – The replacement of an existing use by a new use.
Concept Plan – A preliminary presentation, which includes the minimum information
necessary, as determined by the Zoning Official, to be used for the purpose of
discussion or classification of a proposed plat prior to formal application.
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Conventional Subdivision – A subdivision which literally meets all nominal standards of
the Development Ordinance for lot dimensions, setbacks, street frontage, and
other site development regulations.
Deck – A structural platform with or without a roof structure that adjoins a house and is
supported by a means other than the principal structure (i.e. footings).
Detached – Fully separated from any other building or jointed to another building in such
a manner as not to constitute an enclosed or covered connection.
Developer – The legal owner(s) or authorized agent of any land included in a proposed
development.
Drainage – The removal of surface or ground water from land by drains, grading, or other
means.
Drainage System – The system through which water flows from the land.
Driveway – A permanently paved, surfaced area providing vehicular access between a
street and an off-street parking or loading area.
Enclosed – A roofed or covered space fully surrounded by walls.
Erosion – The wearing away of a land surface by water, wind, ice, or gravity.
Federal – Pertaining to the Government of the United States of America.
Final Approval – The final official action of the Board of Trustees permitting the filing of
a subdivision with the Macon County Recorder and the conveyance of individual
parcels and lots to subsequent owners.
Impervious Coverage – The total horizontal area of all buildings, roofed or covered
spaces, paved surface areas, walkways and driveways, and any other site
improvements that decrease the ability of the surface of the site to absorb water,
expressed as a percent of site area. The surface water area of pools is excluded
from this definition. (only added if last bullet point in Article 4 is implemented)
Landscaped Area – The area within the boundaries of a given lot, site, or common
development consisting primarily of plant material, including but not limited to
grass, sod, trees, shrubs, vines, ground cover, and other organic plant materials;
or grass paver masonry units installed such that the appearance of the area is
primarily landscaped.
Perimeter Landscaped Area – Any required landscaped area that adjoins the
exterior boundary of a lot, site, or common development
Interior Landscaped Area – Any landscaped area within a site exclusive of
required perimeter landscaping.
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Draft 4/23/2015
Loading Area – An off-street area used for the loading or unloading of goods from a
vehicle in connection with the use of the site on which such area is located.
Lot Split – The division or re-division of a tract or parcel of land into two lots, building
sites, or other divisions by metes and bounds description.
Non-Conforming Lot – A lot which was lawful prior to the adoption, revision, or
amendment of the Development Ordinance but that fails by reason of such
adoption, revision, or amendment to conform to the present requirements of the
Nuisance – An unreasonable and continuous invasion of the use and enjoyment of a
property right which a reasonable person would find annoying, unpleasant,
obnoxious, or offensive.
Overlay District – A district established by this Ordinance to prescribe special regulations
to be applied to a site only in combination with a base district. (only needed if
make the OT an overlay)
Regulation – A specific requirement set forth by this Development Ordinance, which
must be followed.
Roadway – The actual surface area of a road used to accommodate motor vehicles,
including moving traffic lanes, acceleration and deceleration lanes, and parking
lanes. On a street with curbs, the roadway is measured from curb line to curb
line. On streets without curbs, the roadway is measured from the flow line of one
curb to the flow line of the opposite curb.
Sanitary Sewer – A sewer that conducts sanitary wastes from a point of origin to a
treatment or disposal facility. In development areas, sanitary sewers normally
include interceptor, outfall, and lateral sewers.
Septic System – An underground system, utilizing a watertight receptacle to receive the
discharge of sewage, which provides for the decomposition of wastes produced
by development on a single lot.
Sign – A symbol, lettering, pictorial representation, or combination thereof used for
information, identification, or directional purposes or to sell or advertise
products, services, activities, or events. (recommend adding this definition in
Article 2 as well as keeping the current definition in Article 7)
Site Plan – A plan, prepared to scale, showing accurately and with complete
dimensioning, the boundaries of a site and the location of all buildings,
structures, uses, and principal site development features proposed for a specific
parcel of land.
State – The State of Illinois.
Storm Sewer – A conduit, which conducts storm drainage from a development or
subdivision, ultimately to a drainage way or stream.
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Draft 4/23/2015
Street, Arterial – A major thoroughfare primarily intended for through traffic that carries
the largest volume of traffic with limited access to private property and high
degree of connectivity to the regional highway system.
Street, Intersecting & Principal – In regard to a site, the principal street shall be the street
to which the majority of lots on a block face are oriented; the intersecting street
shall be a street other than a principal street.
Street, Minor – Local streets. In some cases a “minor” street may be referencing a street
that carries less traffic or serves a lessor function in the street system when
comparing one or more streets (for example when determining lot frontage on
double frontage lots).
Utilities – Installations, either above or below ground, necessary for the production,
generation, transmission, delivery, collection, treatments, or storage of water,
solid or fluid wastes, storm water, energy media, gas, electronic or
electromagnetic signals, or other services which are precedent to development
and use of land.
Village of Forsyth Code of Ordinances – The official rules and regulations for the Village
of Forsyth, Illinois.
Yard, Corner Side – The open space between the closest point of the principal building
and the side lot line and extending from the front line of the principal building to
the rear line of the property.
Text Amendment to Article II. Article II, Section 2-2 of the Development Ordinance shall be
amended by modifying the following definitions:
Applicant:
Building,
Non-Conforming:
Building,
Temporary:
The owner, contract purchaser, or designated legal representative
who proposes to subdivide or develop land pursuant to this
Ordinance.An owner, owner’s representative, developer, or
subdivider submitting an application to be reviewed by the
Planning and Zoning Commission and acted upon by the Village
Board of Trustees. Consent shall be required from the legal
owner of the premises.
Any building which does not conform to the regulations of this
Ordinance.
Any building not permanently affixed to the land.
Street, Collector Street:
A street which carries traffic from local streets to a
thoroughfare, including the principal entrance streets of
residential development and the principal circulating streets
within such a development.
Street, Dedicated Street:
A public right-of-way created to provide vehicular access
to property. Such right-of-way shall be owned by the Village or
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other public agency and created by designation on a recorded plat
or in a recorded instrument or conveyance accepted by the Village
Board or other public agency.
Development
Ordinance:
Dwelling, SingleFamily Attached:
An ordinance adopted by the Village Board, upon completion of
both preliminary and final plan approvals, which includes
graphics and other support documentation upon which Village
Board approval is based.A set of rules adopted by the Village
Board that include the zoning regulations, subdivision
regulations, and zoning map.
A one-family dwelling attached to two (2)one (1) or more other
one-family dwellings by common vertical walls.
Flag Lot:
A lot where access to the public road is by a narrow private
right-of-way (see sketch on page 2-132).
Greenbelt:
An open area used as a buffer between land uses; those
permanent open space areas illustrated on the Village's
Comprehensive Plan and described in Article VIII of this
Ordinance.
Street, Half Street:
A street bordering one or more property lines of a tract of land in
which the subdivider has allocated part of the ultimate right-ofway width.
Street, Local Street: A Street of limited continuity used primarily for access to
abutting properties within a neighborhood.
Lot, Butt:
A lot at the end of a block and located between two corner lots.
* Move the image for yards to the page where yards are defined
Street, Major Street: A Street of considerable continuity which serves or is intended
to serve as a major traffic artery connecting various sections of
the Village. Arterial or Collector Streets
Street, Marginal Access
Street:
A minor street which is parallel to and adjacent to a
thoroughfare, and which provides access to abutting properties
and separation from through traffic.
Non-Conforming
Use:
Any use of land, buildings, or structures, lawful at the time of the
enactment of this Ordinance but which does not comply with all
the regulations of this Ordinance governing use for the zoning
district in which such use is located. The use of any building,
structure or parcel of land which lawfully is occupied and
maintained upon the effective date of the adoption or amendment
5
Draft 4/23/2015
of this Ordinance and which does not conform to the use
regulations of the zoning district in which the use is located by
reason of the adoption or amendment of this Ordinance.
Use, Legal
Non-Conforming:
The use of any building, structure or parcel of land which
lawfully is occupied and maintained upon the effective date of
the adoption or amendment of this Ordinance and which does not
conform to the use regulations of the zoning district in which the
use is located by reason of the adoption or amendment of this
Ordinance.
Principal Building:
The building or structure in which a primary use of the lot on
which it is located is conducted.
Permitted Use:
Any use allowed in a zoning district and subject to the
regulations applicable to that zoning district.
Street, Private Street: Any road that is used for access and circulation where the ownership and maintenance responsibility is borne by the owner or a
private association.
Use, Prohibited Use:
A use that is not permitted in a zoning district.
Street, Public Street:
All streets which are shown and dedicated on a plat for public use
of which the ownership and maintenance responsibility is borne
by the Village or other public agency.
Structure, Temporary: An edifice without any foundation or footings and which is
removed when the designated time period, activity, or use for
which the temporary structure was erected has ceased.
Tattoo or Body Piercing
Establishments:
An establishment which provides a tattooing service to
customers. May include body piercing as an ancillary use. (See
Chapter 5.79 of the Municipal Code – Tattoo and Body Piercing
Regulations, for additional definitions and regulations)
Article 3 – General Provisions:
Text Amendments to Article III. Article III shall be amended as follows:
1. Section 3.5C shall be modified as follows:
Permitted accessory uses are listed for each district in Article IV, 4.18 Permitted
and Special Use Chart.
2. Section 3.12 shall be modified as follows:
A.
General – The standards for home occupations are intended to insure
compatibility with other permitted uses and the residential character of
6
Draft 4/23/2015
B.
C.
D.
the neighborhood and to maintain the subordinate and incidental status of
the home occupation.
Performance Requirements – A home occupation or profession, where
permitted in a zoning district, shall meet the following performance
requirements in addition to those standards applicable to the district in
which they are located:
(1)
Not more than one (1) person other than members of the
immediate family occupying such dwelling shall be employed on
the premises.
(2)
No alteration of the principal building shall be made which
changes the residential appearance of the dwelling.
(3)
No more than twenty-five percent (25%) of the net floor area of
the residential dwelling unit shall be devoted to any home
occupation.
(4)
No traffic shall be generated by such home occupation in greater
volume than would normally be expected in a residential
neighborhood, and any need for parking generated by the
conduct of such home occupation shall meet the off-street
parking requirements as specified in Article VI of this
Ordinance, and shall not be located in a required front yard.
(5)
Signage shall be in conformance with Article VII of this
Ordinance.
(6)
No equipment or material used shall constitute a hazard, create a
nuisance or interfere with the reception of broadcast signals.
(7)
The home occupation shall be conducted entirely within the
principal building that is used as the residential dwelling.
(8)
All material equipment, merchandise or work in process shall be
wholly enclosed within the dwelling or an accessory building.
(9)
Any home occupation which is not listed under Section C:
Permitted Home Occupations or under Section D: Prohibited
Home Occupations below shall require Board of Trustee
approval before being allowed as a permitted home occupation.
Permitted Home Occupations:
(1)
Day Care Homes licensed by the State of Illinois.
(2)
Dressmakers, seamstresses, or tailors.
(3)
Music or dancing teachers, provided that the instruction shall be
limited to one pupil at a time, except for occasional groups.
(4)
Artists, photographers, sculptors, or authors.
(5)
Physicians, dentists, or other licensed medical practitioners.
(6)
Planners, architects, attorneys, engineers, realtors, insurance
agents, brokers, and members of similar professions.
(7)
Offices for salespersons, sales representatives or manufacturers'
representatives; provided that no retail transactions shall be made
on the premises except through telephone, facsimile or mail
communication and no wholesale transactions shall include the
acceptance or delivery of merchandise on the premises.
(8)
Beauty Parlor, Barber Shop, or Hair Salon
Prohibited Home Occupations:
(1)
Animal hospitals.
(2)
Clinics or hospitals.
(3)
Commercial boarding stables or kennels.
7
Draft 4/23/2015
(4)
(5)
(5)(6)
(6)(7)
(7)(8)
(8)(9)
(9)(10)
Dancing schools, except where permitted above.
General Retail Sales
Mortuaries.
Nursery schools.
Private clubs.
Renting of trailers.
Repair shops or service establishments, except the repair of small
electrical appliances and other similar items.
(11)
Restaurants.
(12)
Vehicle body repair, or rebuilding or dismantling of vehicles.
(10)(13)
Welding
3. Section 3.14 B(1)&(2) shall be modified as follows:
(1)
Swimming Pools. For swimming pools a natural barrier, hedge, pool
cover or other protective device approved by the Village Administrator
shall be an acceptable enclosure so long as the degree of protection
afforded by the substituted devices or structures is not less than the
protection afforded by the enclosure, gate and latch described herein.
The substitution with such a natural barrier, hedge, pool cover or other
protective device shall be considered an administrative deviation from
the provisions of SECTION 3.14 A (1), hereof and a written request for
such deviation shall be submitted to the Village Administrator.
(2)
Hot Tubs. A safety cover that complies with ASTM F1346 may be used
in lieu of an enclosure per provisions of SECTION 3.14 A (1) above.
4. Section 3.17 A shall be modified as follows:
Special Use Required. Any small wind energy system shall require a special
use permit (see Section 9.112 for Special Use procedures).
5. Section 3.18 B shall be modified as follows:
Solar panels shall be flush with the roof line when possible, and shall not be
elevated more than thirty (30) degrees off the roof pitch where it is attached or no
more than five (5) feet, whichever is less. Solar panels shall not extend beyond the
roof line and shall be located no closer than ten (10) feet from an adjacent property
line. Solar panels shall not cover more than twenty five (25) percent of the total
roof surface of a structure, and solar panels shall not be located on a roof face that
faces the front yard of a lot, except as provided in Section 3C below. Solar panels
may cover one hundred (100) percent of the roof of non-residential buildings
provided that they are fully screened from view on all sides of the building as
viewed from ground level.
6. Section 3.18 C shall be modified as follows:
Solar shingles shall be permitted to cover any amount of a roof without the
location limitation in Section 2B above provided that they are incorporated into
and made to appear as part of the roof, continuous in area without gaps,
rectangular in shape and do not cause glare to reflect on to neighboring
properties.
Article 4 – District Regulations:
Text Amendments to Article IV. Article IV shall be amended as follows:
8
Draft 4/23/2015
4.8
Use
PERMITTED AND SPECIAL USE CHART
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
Assisted Living
-
-
S
S
S
-
S
S
-
-
-
Single Family Detached Dwellings
Townhome, with up to six dwelling units per
acre if part of a planned development
Duplex, Quadplex, or Multiplex, with up to six
dwelling units per acre if part of a planned
development
P
P
P
P
P
S
-
-
-
-
-
-
-
-
P
P
S
-
-
-
-
-
-
-
-
P
P
S
-
-
-
-
-
Apartments, with 12 dwelling units or less
-
-
-
-
P
S
-
-
-
-
-
Condominiums, with 12 dwelling units or less
Home Occupations, as defined in Article III
(Section 3.12)
Buildings accessory to the principal use,
including private garages, provided they are
located in the side or rear yard, are no closer
than seven (7) feet to a side or rear property
line, no more than fifteen (15) feet in height and
occupy no more than thirty (30) percent of the
rear yard (Section 3.5)
Non-paying guest homes or rooms for guests
within an accessory building, provided such
facilities are used for the occasional housing of
guests of the occupants of the principal building
and not for permanent occupancy
Quarters comprising part of an accessory
building and solely for occupancy by a
household employee (and his or her family) of
the occupants of the principal dwelling
Sheds for domestic storage, provided they are
located in a rear yard only (Section 3.5)
Mobile Home
-
-
-
-
P
S
-
-
-
-
-
P
P
P
P
P
S
-
-
-
-
-
A
A
A
A
A
A
A
A
-A
A
A
A
A
A
A
A
A
A
A
-
-
-
A
A
A
A
A
A
A
A
-
-
-
A
A
A
A
A
A
A
A
-
-
-
S
-
S
S
S
-
-
-
-
-
-
Group Housing
S
-
S
S
S
-
S
S
-
-
-
Senior Citizen Housing
-
-
S
S
S
-
S
S
-
-
-
Sheltered Care Housing
-
-
-
S
S
-
S
S
-
-
-
P = Permitted Use A = Permitted Accessory Use
S = Special Use
Residential
Religious/Institutional
9
Draft 4/23/2015
Use
S = Special Use
Church, Synagogue, or Temple
Convent, Monastery, Seminary, or Religious
Retreat
Elementary or Junior High School, Public or
Private
Local, Township, or County Governmental
Building
Library
Cemetery, Mausoleum
Hospital, Convalescent Center
Police or Fire Station
High School, College, or University
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
S
P
P
P
P
P
-
-
P
-
-
S
P
P
P
P
P
-
-
P
-
-
P
P
P
P
P
P
P
P
P
-
-
S
S
P
P
P
P
P
P
P
-
-
S
S
S
S
P
S
S
S
P
S
S
S
P
S
S
S
P
S
S
S
P
S
S
S
S
P
S
S
S
S
P
S
S
S
S
P
S
S
S
S
-
-
S
S
S
S
S
S
S
S
S
S
S
S
P
P
P
P
P
S
S
P
P
P
P
P
S
S
P
P
S
S
-
-
P
P
P
P
P
P
P
P
P
-
-
S
S
S
S
S
S
P
P
P
S
P
P
P
S
P
P
PS
S
-
S
-
A
A
A
A
A
-
-
-
-
-
-
A
A
A
A
A
-
S
S
-
-
-
P
-
-
-
-
-
-
-
-
-
-
A
-
A
-
A
-
A
-
A
-
P
S
-
P
P
S
S
P
P
P
S
S
P
-P
S
S
-
S
-
S
-
-
-
-
-
-
-
-
-
-
-
S
Recreational/Civic
Amphitheater
Audition/Assembly Hall
Batting Cage
Billiard Pool Hall
Bowling Alley
Community Center
Golf Course and/or Driving Range
Greenbelts, i.e., Public Parks or Open Space,
including Playgrounds, Forest Preserves, or
Playfields
Gymnasium/Health Club
Indoor Racquet Court
Miniature Golf Course
Private Club and Lodges
Private greenhouse, subject to setback
regulations of the District
Private swimming pools and tennis courts
(unlighted), in rear yards only, and subject to
the setback regulations of the District
Riding stable provided that any building housing
animals is located at least seventy-five (75) feet
from all property lines.
Skating Rink, Indoor Ice or Roller
Theater (indoor)
Theater (drive-in)
Vegetable or flower garden
Water Park
Business and Service Uses
Adult Business Uses
10
Draft 4/23/2015
Use
S = Special Use
Amusement Facility
Antique Shop
Art Gallery
Art Supplies
Bakery
Banks and Financial Institutions (Section 6.9)
Beauty Parlor/Barber Shop/Hair Salon
Bed and Breakfast
Bicycle Sales and Repair
Book Store
Building Materials, Storage, Warehousing, and
Retail Sales
Cabinet Making, under 2,000 sq. ft. in size
Camera Store
Candy/Popcorn Shop
Carpeting Store
Catering Services
China and Glassware Shop
Coin Shops
Commercial School or Dancing/Music School
Convenience Store
Currency Exchange
Day Care Center/Nursery School
Day Care Home
Delicatessen
Drug Store or Pharmacy
Dry Cleaner
Electrical or Similar Retail Sales, Service, or
Repair
Fairgrounds
Farm and Garden Supply
Florist
Frozen Food Locker
Funeral Parlor (Mortuary)
Gift Shop
Greenhouse/Nursery Retail Sales, min. 1-acre
lot
Grocery Store
Gun Shop
Hardware Store
Hobby/Toy Shop
Hotels/Motels
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
S
-
S
-
S
-
S
-
-
S
P
P
P
P
P
P
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
-
P
-
P
-
-
-
-
-
-
-
-
P
-
P
P
S
P
-
S
P
-
S
P
-
S
P
-
S
P
-
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
P
P
P
P
P
P
P
P
P
S
P
P
P
S
-
S
-
S
-
S
-
-
-
-
P
P
P
-
P
P
S
-
-
-
-
-
P
P
P
S
S
P
P
P
S
P
P
S
P
P
S
S
-
P
P
-
P
P
-
S
S
S
S
S
S
S
S
S
S
S
-
-
-
-
-
P
P
P
-
P
S
P
P
S
P
S
P
P
P
P
-
11
Draft 4/23/2015
Use
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
Interior Decorating
Laundromat
Locksmith
Massage Therapy
Meat Market/Butcher
Microbrewery
Office Supply Store
Paint/Wallpaper Store
Pawn Shop
Payday or Title Loan Agency
Pet Store/Grooming
Pet Wash
Photography Studio
Printing Shop
Produce Stand
Psychics and/or Fortune Tellers
Race Track, vehicular, horse, dog
Repair Shop, including appliances
Restaurant and Eating Establishments, without
drive-through, live entertainment, or dancing
Restaurant and Eating Establishments, with
drive-through, live entertainment, or dancing
(Section 6.9)
Retail Store
Sale of Swimming Pools and Ancillary
Equipment
Second Hand Stores and Resale Shops
Service Shop, Painting, Plumbing, Tinsmithing,
Upholstering, under 2,000 sq. ft. in size
Shoe Repair
-
-
-
-
-
P
P
P
S
P
P
P
P
P
P
P
P
P
P
P
S
P
S
P
P
P
S
P
P
P
S
P
P
P
P
S
P
P
P
P
P
P
P
P
P
S
P
S
P
P
S
-
S
S
S
S
P
S
S
S
P
-
-
-
-
-
P
P
P
P
-
-
-
-
-
-
-
S
S
S
S
-
-
-
-
-
-
-
P
P
P
-
-
-
-
-
-
-
-
-
-
P
S
-
-
-
-
-
-
-
P
P
P
-
-
-
-
-
-
-
-
P
P
P
-
P
P
-
-
-
-
-
P
P
P
-
-
-
Shoe Store
-
-
-
-
-
P
P
P
-
-
-
Specialized Food Shop
-
-
-
-
-
P
P
P
-
-
-
Sporting Goods Store
-
-
-
-
-
P
P
P
-
-
-
Studio
-
-
-
-
-
P
P
P
-
-
-
Tailor/Seamstress/Dressmaking
-
-
-
-
-
P
P
P
-
-
-
Tattoo Parlor
-
-
-
-
-
-
-
-
-
S
S
Theater (indoor)
-
-
-
-
-
P
P
P
P
-
-
Theater (drive-in)
-
-
-
-
-
-
S
S
S
-
-
Tile Store
-
-
-
-
-
P
P
P
-
-
-
Travel Agency
-
-
-
-
-
P
P
P
P
-
-
S = Special Use
12
Draft 4/23/2015
Use
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
Upholstery
-
-
-
-
-
P
P
P
-
-
-
Veterinary Clinic/Animal Hospital
-
-
-
-
-
-
S
S
S
-
-
Video and Game Rental
-
-
-
-
-
P
P
P
-
-
-
-
-
-
-
-
-
P
P
P
S
P
S
P
P
S
-
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
-
-
P
P
-
-
-
-
-
P
P
P
P
P
-
-
-
-
-
-
P
-
P
-
P
-
P
P
P
P
-
-
-
-
-
-
-
S
-
S
-
S
-
P
P
P
P
P
S
S
S
S
P
S
S
-
-
-
-
-
-
-
-
-
-
-
S
-
-
-
-
-
-
-
P
-
-
P
P
-
S = Special Use
Vehicle Sales, Storage, and Service
Automobile Rental
Automobile Display and Sales (new/used)
Automobile School
Automobile Storage Lot
Boat Dealer/Repair
Camper/RV Sales and Service
Car Wash (automatic and manual)
Farm Implement Display, Sales, or Service
Motorcycle Sales and Service
Oil Change Shop
Repair (Engine, Body, Gas Station)
Service Station (full- and self-serve)
Snowmobile Sales and Service
Trailer Display and Sales/Rental
Truck Rental (Ord. 916, passed 7-7-2014)
Truck School
Offices
Business, Professional, Institutional,
Governmental
Medical or Dental Clinic
Technology and Research Centers
and
Industrial
Acid or Chemical Manufacturing
Airport/Landing Field
Auto Wrecking or Junk Yard
Batch Plants
Bottling Works
Carting, Express, or Storage Yard
Communication/Cell Tower
Contractor’s Yard
Explosives Manufacturing/Storage
Gasoline/Propane Bulk Storage
Grain Elevator
Lime, Phosphate or Limestone Storage or
Handling
Lumber Yard
Milk Distribution Station
13
Draft 4/23/2015
Use
S = Special Use
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
S
S
P
P
S
S
S
S
-
-
-
-
-
-
-
-
-
-
-
S
-
-
-
-
-
-
-
-
-
P
-
P
-
-
-
-
-
-
-
-
-
-
A
A
A
A
A
A
A
A
A
A
A
P
-
-
-
-
-
-
-
-
-
-
P
P
S
S
S
S
P
P
P
P
P
-
S
S
S
S
S
S
S
S
S
S
S
A
S
A
S
A
S
A
S
A
S
A
S
A
S
A
S
A
S
A
S
A
-
-
-
-
-
S
S
S
-
-
-
-
-
-
-
-
-
-
-
-
S
S
Oil Well
Radio/TV Tower or Station
Railroad or Public Utility Structure
Refuse Storage, Sorting, or Transfer
Research and Development
Self-Storage Facility
Slaughter or Processing of Poultry or Poultry
Products
Warehouse
Other
Farming, including structures and facilities
commonly associated with agricultural but
excluding feed lots and confinement operations
of ten or more animals
Buildings or other structures customarily
incidental to, and commonly associated with, a
permitted or special use; these uses may be
permitted provided they: (1) are operated and
maintained under the same ownership and on
the same lot as the permitted or special use;
and (2) do not include the conduct of any
business, profession, trade or industry
Roadside stands offering for sale only farm
products which are produced on the premises
Truck Garden or Farming, excluding the keeping
of livestock or poultry
Planned Developments (Article 5 & Section
11.2D)
Small Wind Energy System (Section 3.17)
Solar Energy Device (Section 3.18)
Medical Cannabis Dispensing Organizations,
provided the facilities otherwise comply with
the provisions of Article III and any applicable
state laws and regulations (Ord. 933, passed 121-2014) (Section 3.19)
Medical Cultivation Center, provided the
facilities otherwise comply with the provisions
of Article III and any applicable state laws and
regulations (Ord. 933, passed 12-1-2014)
(Section 3.19)
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4.9
Zone
SETBACK AND BULK CHART
Utilities
Condition
(see notes
below)
Lot Size
Yard Setbacks (minimum)
(minimum)
Lot Size
[4]
Lot
Width
Front
Yard
[6]
Rear
Yard
(abut
ting
nonres
use)
Corner
Side
Yard
[6]
Interior
Side
Yard
(abutting
non-res
use)
From
U.S.
Route
51
rightof-way
Height of
Principal
Building
(max)[5]
Max Bldg
Coverage
Max
Impervious
Coverage
(sq ft)
feet
feet
feet
feet
feet
feet
feet
217,800
60
50
40
40
15
50
35
30%
35%
100
40
40
40
15
50
35
30%
35%
60
30
25
25
7
50
35
30%
35%
40
(*)
(*)
(*)
(*)
50
35
35%
40%
Utility[B]
Utility[C]
Utility[B]
Utility[C]
20,000
7,501
12,000
7,500
[4]
7,500
12,000
7,500
12,000
60[1]
75[2]
60[1]
75[3]
30
25
25
7
50
35
40%
45%
30
25
25
7
50
45
50%
55%
B
-
20,000
100
30
50
35
50%
70%
C-1
-
30,000
100
30
60%
80%
C-2
-
30,000
100
30
60%
80%
OR
-
20,000
100
30
I-1
-
43,560
150
30
I-2
-
43,560
150
30
AG
R-E
R-1
Utility{[D]
}
Utility[A]
Utility[B]
Utility[C]
OT
R-2
R-3
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
305
305
305
305
305
305
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
50
50
45
[5]
45
[5]
50
45
60%
80%
50
45
70%
80%
50
45
70%
90%
3. Section 4.9 Notes [4] shall be modified as follows:
Lot sizes for special uses shall be as specified in the special use permit, unless
otherwise noted for a particular use listed in this District, based upon the criteria
listed in Article IX, Section 9.112. In the Original Town OverlayDistrict, lots
platted prior to September 1, 2013 may have a minimum lot size of 5,000 square
feet.
4. A new Section 4.9 Note [7] shall be added to the Development Ordinance as follows:
[7] Rear yard and interior side yard setbacks abutting residential uses shall be a minimum of
25 feet.
Article 5 – Planned Unit Development:
Text Amendments to Article V. Article V shall be amended as follows:
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1. Section 5.4 A(3) shall be modified as follows:
Unless otherwise recommended by the Village Board, the following standards shall
apply. The Village Board may recommend exceptions from these standards when
determined appropriate to achieve the objectives set forth in Section 65.1, above.
2. Section 5.6 B(3) shall be modified as follows:
Not less than fifteen (15) days before the pre-application meeting, the petitioner
shall provide eight (8)four (4) print copies and one electronic (PDF) copy of:
3. Section 5.6 C(3)(a) shall be modified as follows:
The petitioner shall file twenty-four (24)four (4) print copies of plans and other
support documentation, as identified below, with the Village Administrator. All
submittals shall also be supplied in electronic form (PDF or similar), and all
materials shall include a date of preparation or revision.
4. Section 5.6 C(4)(k)(ii) shall be modified as follows:
How the proposed planned development meets the objectives of the
Comprehensive Plan and the purposes for planned development, as noted in
Section 65.1.
5. Section 5.6 C(5)(c) shall be modified as follows:
Notice to the Public – The petitionervillage shall give notices of the public hearing
as follows:
(i)
Property owners:
a.
The petitionerVillage staff shall, by certified mail with return
receipt requested, notify all property owners within two hundred
fifty (250) feet in all directions of the petitioner's property. Said
notices shall be mailed out not more than thirty (30) days, nor less
than fifteen (15) days, in advance of such hearing.
b.
The petitioner shall file a sworn affidavit with the Village
Administrator, which confirms that notices have been sent as
required, and include a copy of the notice and the names and
addresses of all to whom notices have been sent, and the certified
mailing return receipts.
(ii)
Publication – Notice of said hearing shall be published, by the Village at the
petitioner's expense, at least once in a newspaper of general circulation within the
Village of Forsyth, not less than fifteen (15) days, nor more than thirty (30) days,
before the date of the hearing.
(iii)
Posting:
a.
The petitionerVillage shall post and maintain, for a period of not less than
ten (10) days prior to the hearing, the notice of a public hearing notice
sign.
b.
Said noticesign shall be erected not more than fifteen (15) feet from the
front lot line, and not less than four (4) feet above ground, nor more than
six (6) feet above ground, and be placed and sized in such a manner as to
be unobscured from the street.so the words "Notice of a Public Hearing"
shall be visible from the adjacent street.
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c.
(iv)
The jurisdiction of the Planning and Zoning Commission to hold public
hearings shall not be affected by the absence of a posted notice sign, if
such abcense is not the result of the applicants or petitioner’s act or
omission.
Other – Supplemental or additional notices may be distributed, published, or posted
as the Village Board may require.
6. Section 5.6 D(1)(d) shall be modified as follows:
Final plan submittals shall demonstrate compliance with the preliminary plan
development ordinance. The petitioner shall file twenty-four (24)four (4) print
copies of plans, drawings, and other required supporting documentation with the
Village Administrator. All submittals shall also be supplied in electronic form
(PDF or similar), and all materials shall include a date of preparation or revision.
Once all required drawings and information have been received, the Village
Administrator shall distribute the final plan submittal to the Planning and Zoning
Commission and to other designated reviewers.
Article 6 – Off-Street Parking and Loading:
Text Amendments to Article VI. Article VI shall be amended as follows:
1. Section 6.3 F(2) shall be modified as follows:
Required parking spaces for all other uses shall be at least nine (9) feet in width
and at least eighteen (18) feet in length, exclusive of access drives or aisles.
Required parking spaces may provide up to 40% of their total 90 degree angle
stalls as designated compact stalls. Compact parking stalls at 90 degree angles
shall be a minimum of 8.5 feet wide and 16 feet long.
2. Section 6.3 G(4)(b)(i) shall be modified as follows:
All interior landscaped islands shall be curbed to prevent the destruction of such
areas by vehicles. The island may have at most two breaks in the curb to serve as a
stormwater management system for the parking lot.
3. Section 6.6 C shall be modified as follows:
Floor Area – For the purpose of determining off-street loading requirements, floor
area shall be calculated as described in Section 76.3 ED.
4. Section 6.6 D(1) shall be modified as follows:
The total number of off-street loading spaces required for any building, structure or
use shall be based upon standards set forth in the Schedule of Off-Street Loading
Requirements, Section 76.7, below.
Article 7 – Signs:
Text Amendments to Article VII. Article VII, Section 7-2 of the Development Ordinance shall be
amended by adding the following definitions:
Attached Sign – A sign, which is structurally connected to a building or depends upon that
building for support.
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Double-Faced Sign – A sign consisting of no more than two parallel faces supported by a single
structure.
Sign Type – A functional description of the use of an individual sign.
Text Amendments to Article VII. Article VII shall be amended as follows:
1. Section 7.3 A(3) shall be modified as follows:
Strings of lights, except those exempt by the terms of this Article (see Decorations
and Displays Section 7.3 C(3)DECORATIVE LIGHTING).
2. A new Section 7.3 A(8) shall be added as follows:
Signs that resemble or conflict with traffic signs and may mislead people
3. Section 7.3 F(1) shall be modified as follows:
Public Areas – Except for official signs erected by an agency or unit of
government, no sign shall be erected on any public property or public right-of-way,
tree, utility pole, traffic standard, or other public sign standard.
4. Section 7.3 L(3)(b)&(c) shall be modified as follows:
(b)
All notices issued by the Village shall describe the sign and its location
and shall specify the manner in which the sign is in violation of the
ordinance(s) of the Village of Forsyth. All notices issued by the Village
shall be sent by certified mail and regular mail to the current owner. Any
time period provided for in this Article shall be deemed to commence on
the date of the receiptpostmark on the notice of violation of the certified
mail.
(c)
If the party to whom such notice is issued fails to remove or alter the sign
so as to comply with the provisions of this Article, within ten (10)fifteen
(15) days of the receiptpostmark on the notice of violation of the certified
mail, the Village may remove or alter the sign at the expense of the owner.
5. Section 7.4 B(4)(b)(i) shall be modified as follows:
One wall sign shall be permitted, however that a maximum of two (2) such wall
signs shall be permitted when the building is located on a corner lot.
6. Section 7.5 A(2)&(3) shall be modified as follows:
(2)
Three (3) copiesOne paper copy and one electronic (PDF) copy of all
signage drawings, including freestanding signs, with elevation and section
showing sign faces; exposed surfaces and horizontal dimension in scale as
to size, proportion and color, and indicating the dimensions between the
lowest elevation of the sign and grade; the projection from buildings or
sign structures; and a description of the sign including, but not limited to,
illumination and colors.
(3)
Three (3) copiesOne paper copy and one electronic (PDF) copy of
structural and electrical plans.
Article 8 – Non-Conformities:
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Text Amendments to Article VIII. Article VIII shall be amended as follows:
(1)
In the event that a non-conforming building or structure is damaged or
destroyed to the extent that the cost of restoration shall exceed fifty (50)
percent of the market value of such building or structure, restoration or
construction may be made provided there is no increase in the degree of
non-conformity or the no repairs or reconstruction shall be made unless
such restoration or construction shall be made to conform to the
regulations for the district in which it is located. Restoration or
construction must begin within six (6) months from the date of the damage
or destruction, or such restoration shall conform to all the provisions of
this Ordinance and for the district in which it is located. Additional time
for restoration may be granted by the Village Administrator, but shall not
exceed a total of 12 months.
(2)
If such damage or destruction does not exceed fifty (50) percent of the
market value of the building or structure, repairs and restoration must
begin within six (6) months from the date of the damage or destruction, or
such restoration shall conform to all the provisions of this Ordinance and
for the district in which it is located. Additional time for restoration may
be granted by the Village Administrator, but shall not exceed a total of 12
months.
2. A new Section 8.3 D shall be added as follows:
D.
Damage or Destruction:
(1)
In the event that a structure occupied by a non-conforming use is damaged
or destroyed to the extent that the cost of restoration shall exceed fifty (50)
percent of the market value of such building or structure, the nonconforming use shall no longer be permitted.
(2)
If such damage or destruction does not exceed fifty (50) percent of the
market value of the building or structure, repairs and restoration must
begin within six (6) months from the date of the damage or destruction, or
such non-conforming use shall no longer be permitted. Additional time for
restoration may be granted by the Village Administrator, but shall not
exceed a total of 12 months.
Article 9 – Administration and Processing:
Text Amendments to Article IX. Article IX shall be amended as follows:
1. A new Section 9.1A(4) shall be added as follows:
Code Enforcement Officer
2. Section 9.6 C(1)&(2) shall be modified as follows:
(1)
Two (2) copiesOne paper copy and one electronic (PDF) copy of the
current plat of the parcel of land, lot or lots, block or blocks, or portions
thereof which constitute the proposed zoning lot, drawn to scale showing
the actual dimensions and monuments, as certified by a registered Illinois
land surveyor, as a true copy of the piece, or parcel, lot or lots, block or
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blocks, or portions thereof, according to the registered or recorded plat of
such land.
(2)
Two (2) copiesOne paper copy and one electronic (PDF) copy of
additional drawings, drawn to scale in such form as may be prescribed by
the Zoning Official, showing the:
3. Section 9.6 E shall be modified as follows:
An application for aA zoning letter shall be issued only when the application shows
conformance with the regulations of this Ordinance, as may be modified by
approvals or conditions granted by the Village Board, and included in a
development ordinance.
NOTICE REQUIREMENTS FOR APPEALS, VARIATIONS, AMENDMENTS,
AND SPECIAL USE PERMITS, AND SUBDIVISIONS
5. Section 9.8 A shall be modified as follows:
Publication of Notice – No public hearing before the Planning and Zoning
Commission on any appeal or request or petition for variation, amendment,
planned development, or special use, or subdivision shall be held unless the notice
of time and place of the hearing is published at least once in one or more
newspapers with a general circulation within the Village.
(1)
The Village shall notify all property owners within 250 feet in all directions of the
petitioner’s property as disclosed by the records of the Macon County Recorder of
Deeds or the tax records maintained by the Macon County Clerk.provide each
applicant for an appeal, variation, amendment, planned development, or special use
with a list of all owners, as disclosed by the records of the Macon County Recorder
of Deeds or the tax records maintained by the Macon County Clerk, of all property
within 250 feet of the parcel, exclusive of road rights-of-way.
(2)
The applicant or petitionerVillage shall cause notice of the public hearing to be
mailed to adjoining property owners at the addresses identified on the list not less
than ten (10) days before the hearing. Said mailing shall be by certified mail,
return receipt requested. Return receipts shall be submitted to the Zoning Official
no later than the date of the public hearing. An affidavit (in writing with notarized
signature or via verbal testimony at the hearing) shall be provided to the Village to
verify that required notices to adjacent property owners have been provided.
7. Section 9.8 D shall be modified as follows:
(1)
The Village shall post and maintain for a period of not less than fifteen (15)ten (10)
days prior to the hearing, a public hearing notice signwhich identifies the time,
place, and purpose of the hearing:
(a)
TheA public notice sign shall be placed on a placard, and installed not
lessmore than fifteen (15) feet, nor no more than twenty (20) feet from the
front lot line, and not less than four (4) feet above ground, and not more
than six (6) feet above the ground, and placed in such a manner as to be
unobscured from the street.
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(b)
(2)
The copy "NOTICE OF PUBLIC HEARING" shall also be affixed to
the placard, at a size that is large enough to be read by a motorist.
The jurisdiction of the Planning and Zoning Commission to hold public hearings
shall not be affected by the absence of a posted notice sign, if such absence is not
the result of the applicants or petitioner's act or omission.
8. Section 9.10 E shall be deleted in its entirety and replaced as follows:
E.
Standards:
(1)
The Planning and Zoning Commission shall not recommend, and
the Village Board shall not vary, the provisions of this Ordinance,
unless it shall find that the:
(a)
Property in question cannot yield a reasonable return if
permitted to be used only under the conditions allowed by
the regulations in that zoning district.
(b)
The plight of the owner is due to unique circumstances.
(c)
The variation, if granted, will not alter the essential
character of the locality.
E.
Standards:
(1)
The Planning and Zoning Commission shall not recommend and
the Village Board shall not vary the provisions of this Ordinance,
unless the applicant can establish that carrying out the provisions
of this Ordinance would create a practical difficulty or particular
hardship. In making the determination, the Planning and Zoning
Commission and Village Board of Trustees may find that:
(a)
Special or unique circumstances exist that are unique to
the property seeking the variance and the circumstances
do not apply to other properties in the same district.
These special circumstances might include: the physical
character of the land or buildings, dimensions,
topography, or soil conditions.
(b)
The special circumstances are not of so general or
recurring a nature as to make it reasonably practical to
provide for a general regulation.
(c)
The granting of such variance is based upon the practical
difficulty or particular hardship and not for the purpose
of convenience or profit.
(d)
Strict application of the Development Ordinance will
deprive the applicant of rights commonly enjoyed by
other owners of property in the immediate area under the
regulations of this Development Ordinance.
(e)
The authorization of such variance will not be of
substantial detriment to adjacent property and the
granting of the variance will not change the character of
the district.
(f)
The plight of the owner was not created by the applicant
or of any other party with interest in the property.
(g)
The variance is the minimum variance that will make
possible the reasonable use of the property, building, or
structure.
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(h)
The granting of the variance will not cause substantial
detriment to the public good and will not substantially
impair the intent and purpose of any Ordinance.
Processing – A petition or application for an amendmenta special use shall be
filed with the Zoning Official, and shall include at least the following
information:
Plan Submission. One electronic set (PDF) and eightthree paper sets of all site
plans shall be submitted to the Zoning Official with all required information. The
Zoning Official shall have discretion to accept reduced copies of such plans
provided at least three full-size sets are provided. The plan shall be considered as
officially submitted only when all information, documentation and fee
requirements are met. All site plans shall be drawn to scale. The site plan
submission packet shall contain the following:
Article 11 – Subdivision:
Text Amendments to Article XI. Article XI shall be amended as follows:
1. Section 11.2 A(3)(b) shall be modified as follows:
The purpose of the pre-application meeting is to discuss the proposed development
in conjunction with Village planning and zoning objectives, as expressed in the
Comprehensive Plan, and as set forth within this Ordinance.
Not less than seven (7) days before the pre-application meeting, the petitioner
shall provide eight (8)four (4) paper copies and one electronic (PDF) copy of a
Concept Plan. The concept plan shall be submitted at a scale necessary to
describe the proposed development and surrounding area in sufficient detail to
demonstrate the relationship of the planned development to adjoining uses, both
existing and proposed, and to the topography and natural features of the
adjoining land uses. The concept plan shall generally include the following
items. Based on the specific proposal, some items noted below may not be
relevant and may be omitted from the concept plan with approval by the
Village Administrator.
2. Section 11.2 B(1)(a) shall be modified as follows:
The subdivider shall prepare a Certified Survey Map in accordance with the
regulations set forth in 11.6; and shall file the original line nor mylar and
sevenfour (4) copies of the map (along with an electronic version in PDF format)
and the letter of application with the Planning and Zoning Commission, who
within a period of thirty (30) days shall approve or reject the plan at a public
meeting.
3. Section 11.2 B(2)(a) shall be modified as follows:
Preliminary Plat. A preliminary plat of the entire subdivision shall be eligible for
review when the subdivider has satisfied the pre-application requirements of this
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Ordinance, when he has paid his plat fees and when he has submitted to the Zoning
Official ten (10)four (4) copies of the layout plat, three (3) copies of the
engineering drawings, plus three (3) copies of the proposed deed restrictions to be
established for the proposed lots. All drawings and documents shall also be
provided in electronic (PDF) format.
The Zoning Official shall notify the Chairman of the Planning and Zoning
Commission and a public hearing shall be set within thirty (30) days to review the
preliminary plat, engineering drawings and suggested deed restrictions. The
Planning and Zoning Commission must act within ninety (90) days from the date
of application or the date of filing of the last item of required supporting data,
whichever is later, unless such time is extended by mutual consent. The subdivider
also shall be given adequate written notice of hearing. The copies of the proposed
preliminary plat should then be sent, by the developer, to the County Health
Department, appropriate drainage districts, the township board, appropriate
planning staff of the Village Planning and Zoning Commission, the electric
company, school district, Cable TV; gas company, Sanitary District of Decatur,
the telephone company, and the Village Engineer fifteen (15) days prior to the
public hearing. Comments from these agencies should be submitted to the Village
Planning and Zoning Commission prior to the public hearing. If no comment is
received by the time of the meeting, the Commission shall consider the agencies
have no recommendations. See Section 9.78 B of this Development Ordinance
for procedures regarding Notice to Surrounding PropertyAdjacent Owners.
At the public hearing, the Planning and Zoning Commission shall recommend
approval, conditional approval, or rejection of the proposed plat. Copies of the
recommendation of the Planning and Zoning Commission and the original mylar
copy of the plat shall then be sent to the Village Board and additional copies of
the Village action should be sent to the subdivider.
After receiving the recommendations of the Village Planning and Zoning
Commission the Village Board shall act upon the proposed plat within thirty (30)
days after its next regular stated meeting following the action of the Planning and
Zoning Commission. If approved the Mayor of the Village of Forsyth shall sign
and date the original and threefour (34) copies of the plat and also direct the
Chairman of the Planning and Zoning Commission to sign and date such plats.
The developer shall provide an electronic copy (in both AutoCAD and PDF) of
the approved plat to the Village.
4. Section 11.2 B(2)(c) shall be modified as follows:
The Final Plat. The Final Plat shall be ready for review after the Zoning Official
notifies the Chairman of the Planning and Zoning Commission that the work has
been completed or adequate bonds have been accepted by the Village. The
subdivider shall prepare a Final Plat and a letter of application in accordance with
this Ordinance and shall file five (5)four (4) copies of the plat and one electronic
version (PDF format) with the Village. The Zoning Official shall then arrange
with the Chairman of the Planning and Zoning Commission to hold a public
meeting within the next thirty (30) days. The Planning and Zoning Commission
shall then examine the final plat for its conformance with: the approved
preliminary plat; and conditions of approval of the preliminary plat, the regulations
of this Ordinance and all other Village ordinances. The Commission then should
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recommend approval, conditional approval, or rejection of the plat to the Village
Board. The Village Board shall act within sixty (60) days from the date of filing
the application for final approval of the plat or within sixty (60) days from the date
of filing the last required document or other paper, whichever is later, unless such
time is extended by mutual consent. (Note: this sixty (60) day period includes the
time required for the Planning and Zoning Commission to examine and act upon
the application.) If approved, the Mayor of the Village of Forsyth shall sign and
date the original and copies, and also direct the Chairman of the Planning and
Zoning Commission to sign and date the same. The Developer shall provide the
Village with an electronic copy (PDF) of the approved final plat.
5. A new Section 11.2 B(5) shall be added to the Development Ordinance as follows:
(5)
Lot Splits.
(a)
The Zoning Administrator shall determine whether a tract of
land may be divided by a simple lot split or through the
subdivision process.
(b)
Simple lot splits include the division by metes and bounds
description of one parcel into no more than two separate
parcels and is not considered a subdivision.
(c)
Simple lot splits are permitted when no new streets or
extensions of existing streets or infrastructure are required
with the exception of sidewalks.
(d)
Lot Splits do not need to be reviewed and approved by the
Planning and Zoning Commission and Village Board of
Trustees. They shall be approved by the Zoning Administrator
or his/her designee.
(e)
Lot Splits shall be recorded with the Macon County Assessor.
(f)
All lot splits shall conform to the bulk requirements for lots
within the Village of Forsyth as stated in Section 4.9.
6. Section 11.2 D(3) shall be modified as follows:
Final Plat. The final plat shall be processed similarly to that of a major subdivision
as outlined in 11.12 B(32).
7. Section 11.3 B(2)(c) shall be modified as follows:
Map No. 3: Vegetation – Information on significant vegetative cover can readily be
obtained from recent aerial photographs of the site or from actual site inspection.
Photos are available in the Macon County Regional Planning and Zoning
Commission Office. All portions of the subdivision falling within areas
designated by the Village as parks, open space or greenbelts, should be identified
and incorporated into the subdivision in accord with the provisions of Article V,
Section 5.15 A, Open Space/GreenbeltGeneral Provisions for Greenbelt, of the
All portions of the subdivision falling within areas designated by the Village as
parks, open space or greenbelt, shall be identified and incorporated into the
subdivision in accord with the provisions of Section 3.611.15.
9. Section 11.13 E shall be modified as follows:
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Double frontage and reverse frontage lots shall be avoided except where essential
to provide separation of residential development from collector or major streets
or to overcome specific disadvantages of topography and orientation. A planting
screen easement of at least ten (10) feet, and across which there shall be no right
of vehicular access, shall be provided along the rear lot lines of lots abutting
such highways and major thoroughfares. Minimum landscape requirements as
set forth in Section 3.176 shall be met.
Building setback lines in residential areas of new subdivisions shall conform to
the requirements as set forth in Article IVSection 4.9 of this Ordinance. The
Planning and Zoning Commission may recommend and the Village Board may
require greater setbacks where deemed necessary.
Density Formula. The table of population density is generally indicative of
current and short range projected trends in family size for a new construction and
shall be used in calculating the amount of required dedication of acres of land or
the cash contribution in lieu of unless a written objection is filed thereto by the
subdivider or developer. (See Table 1-A in Appendix C)
In the event a subdivider or developer files a written objection to the Table of
Estimated Ultimate Population listed hereinin Appendix C Table 1-A within
fourteen (14) days of the pre-application conference, he shall submit his own
demographic study showing the estimated population to be generated from the
subdivision or planned development and, in that event, final determination of the
density formula to be used in such calculation shall be made by the Village Board
based upon such demographic information submitted by the subdivider or
developer and from other sources which may be submitted, or other. In the event
that any objection is filed, a hearing shall be conducted pursuant to the time of
public notices as provided in Section 11.15 (B)(2)(a). It is recognized that
population density, age distribution, and local conditions (which change over the
years), and the specific formula for the dedication of land, or the payment of fees
in lieu thereof, as stated herein, is subject to periodic review and amendment if
necessary.
In lieu of construction, the subdivider may post with the Village a Cashier's
Check, negotiable securities, a surety-bond or other security approved by the
Village Attorney payable to the Village of Forsyth and sufficient to cover the full
cost of the said improvements as estimated by a Registered Professional
Engineer and approved by the Zoning Official, to assure the satisfactory
installation of said improvements as outlined in (Sections 11.29 – 11.33
DEDICATIONS, EASEMENTS, RESERVATIONS, VACATIONS, BONDS,
AND FINANCIAL GUARANTEES).
13. Section 11.17 F shall be modified as follows:
All construction must be completed within two years. Construction of all
improvements required by this Ordinance must be completed within two (2)
years from the date of the approval of the Preliminary Plat by the Village Board
unless good cause can be shown for granting an extension of time.
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Draft 4/23/2015
Poured concrete sidewalks shall be installed as required in ARTICLE
VIArticle 4 & 5 Section 4.6 C(3) & 5.4 A(3)(f) and in areas around and leading
to schools, parks, and shopping areas. Sidewalks shall be at least five (5) feet
wide in residential areas (local streets) and five (5) feet wide in business areas
(collector and major streets). Where parking is located perpendicular to the
sidewalk, walks shall be increased to a minimum of six and one-half (6½) feet
in width and parking spaces may be reduced to nine by sixteen and one half (9
x 16½) feet. All sidewalks shall be constructed of concrete four (4) inches
thick with thickness increased to six (6) inches where sidewalks are crossed by
driveways and areas of unfavorable soil. A sand or gravel base at least two (2)
inches thick may be required.
15. Section 11.32 C(1) shall be modified as follows:
Three (3) paper copies and one electronic (PDF) copy of the original plat or the
applicable part thereof certified by the Recorder to be a true copy of same, on
which is shown the portion to be vacated outlined in a heavy line and hatched.
Appendix
 Appendix B: need Plats & Map examples (previous examples found in old Subdivision Ordinance
and may need to be updated – included in the packet)
General question: If we have to prepare the public notices and list of adjoining owners anyway could we
just send out the notices to adjoining property owners and eliminate certifieds or is it in the
Illinois Code? We could raise prices for applications to cover postage, public notices, and staff
time. References to the certified letters would be removed on page 5-16 & 9-7 as stated above.
It might be beneficial to add an index. It may take some work to find the key terms within each Article but
could be very helpful in the long run.
We could also create hyperlinks within the PDF version of the Development Ordinance to jump to
different sections quickly.
26
Draft 4/23/2015
Proposed Variance Standards:
E.
Standards:
(1)
The Planning and Zoning Commission shall not recommend and the Village Board shall
not vary the provisions of this Ordinance, unless the applicant can establish that carrying
out the provisions of this Ordinance would create a practical difficulty or particular
hardship. In making the determination, the Planning and Zoning Commission and
Village Board of Trustees may find that:
(a)
Special or unique circumstances exist that are unique to the property seeking the
variance and the circumstances do not apply to other properties in the same
district. These special circumstances might include: the physical character of the
land or buildings, dimensions, topography, or soil conditions.
(b)
The special circumstances are not of so general or recurring a nature as to make it
reasonably practical to provide for a general regulation.
(c)
The granting of such variance is based upon the practical difficulty or particular
hardship and not for the purpose of convenience or profit.
(d)
Strict application of the Development Ordinance will deprive the applicant of
rights commonly enjoyed by other owners of property in the immediate area
under the regulations of this Development Ordinance.
(e)
The authorization of such variance will not be of substantial detriment to adjacent
property and the granting of the variance will not change the character of the
district.
(f)
The plight of the owner was not created by the applicant or of any other party
with interest in the property.
(g)
The variance is the minimum variance that will make possible the reasonable use
of the property, building, or structure.
(h)
The granting of the variance will not cause substantial detriment to the public
good and will not substantially impair the intent and purpose of any Ordinance.

April 23, 2015 - Village of Forsyth, Illinois

Transcription

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