Development Ordinance
www.forsythvillage.us
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APPROVED 8/19/2013
Ord. #885
Amending Ordinances: (910, 916, 923, 930, 933, 938, 945, 946, 953, 2016-3, 2016-9, 2017-4)
TABLE OF CONTENTS
ARTICLE I: TITLE, PURPOSE AND INTENT .................................................................................. 1-1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
TITLE ........................................................................................................................................... 1-1
PURPOSE AND INTENT ............................................................................................................ 1-1
SEPARABILITY .......................................................................................................................... 1-2
ORDINANCE PROVISIONS ARE NON-ACCUMULATIVE................................................... 1-2
INTERPRETATION..................................................................................................................... 1-2
RELATIONSHIP TO VILLAGE CODE ..................................................................................... 1-3
EFFECTIVE DATE AND TRANSITION ................................................................................... 1-3
ARTICLE II: RULES AND DEFINITIONS ............................................................................................... 2-1
2.1
2.2
RULES................................................................................................................................................. 2-1
DEFINITIONS .................................................................................................................................... 2-2
ARTICLE III: GENERAL PROVISIONS .................................................................................................. 3-1
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
INTERPRETATION OF REGULATIONS.................................................................................. 3-1
SCOPE OF REGULATIONS ....................................................................................................... 3-1
SPECIAL USES ........................................................................................................................... 3-2
AGRICULTURE AS A PERMITTED USE ................................................................................ 3-2
ACCESSORY STRUCTURES AND USES ................................................................................ 3-2
TEMPORARY BUILDINGS, STRUCTURES, AND USES OF LAND .................................... 3-3
CONTROL OVER USE ............................................................................................................... 3-3
BUILDING HEIGHT ................................................................................................................... 3-4
YARDS ......................................................................................................................................... 3-4
PERMITTED OBSTRUCTIONS, YARDS ................................................................................. 3-4
NUMBER OF BUILDINGS ON A LOT ..................................................................................... 3-5
HOME OCCUPATIONS .............................................................................................................. 3-5
FENCES........................................................................................................................................ 3-7
SWIMMING POOLS & HOT TUBS ........................................................................................... 3-8
ACCESS TO PUBLIC STREETS ................................................................................................ 3-9
BUFFERING/SCREEN PLANTINGS ....................................................................................... 3-10
SMALL WIND ENERGY SYSTEMS ....................................................................................... 3-10
SOLAR ENERGY SYSTEMS ................................................................................................... 3-11
MEDICAL CANNABIS CULTIVATION AND DISPENSARIES........................................... 3-12
ARTICLE IV: DISTRICT REGULATIONS .............................................................................................. 4-1
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
ZONING MAP .................................................................................................................................... 4-1
BOUNDARIES AND MINIMUM AREAS....................................................................................... 4-1
ANNEXED TERRITORY .................................................................................................................. 4-2
GENERAL PROVISIONS FOR ALL RESIDENTIAL USES ......................................................... 4-2
PURPOSE, USE, AND BULK REQUIREMENTS FOR RESIDENTIAL DISTRICTS ................. 4-2
GENERAL PROVISIONS FOR ALL NON-RESIDENTIAL AND R-3 USES .............................. 4-3
PURPOSE, USE, AND BULK REQUIREMENTS FOR NON-RESIDENTIAL
DISTRICTS ......................................................................................................................................... 4-8
PERMITTED AND SPECIAL USE CHART .................................................................................. 4-10
SETBACK AND BULK CHART .................................................................................................... 4-16
ARTICLE V: PLANNED UNIT DEVELOPMENTS ................................................................................ 5-1
5.1
5.2
5.3
5.4
5.5
5.6
5.7
PURPOSE............................................................................................................................................ 5-1
SPECIAL USE .................................................................................................................................... 5-2
PERMITTED USES AND CRITERIA .............................................................................................. 5-2
GENERAL PROVISIONS.................................................................................................................. 5-3
RESIDENTIAL STANDARDS.......................................................................................................... 5-6
APPLICATION AND APPROVAL................................................................................................... 5-8
CHANGES IN THE PLANNED UNIT DEVELOPMENT ............................................................5-21
ARTICLE VI: OFF-STREET PARKING AND LOADING ............................................................... 6-1
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
PURPOSE ..................................................................................................................................... 6-1
GENERAL PROVISIONS ........................................................................................................... 6-1
REGULATIONS AND REQUIREMENTS ................................................................................. 6-2
OFF-STREET PARKING CHART .............................................................................................. 6-6
SCHEDULE OF OFF-STREET PARKING REQUIREMENTS ................................................. 6-6
OFF-STREET LOADING .......................................................................................................... 6-10
SCHEDULE OF OFF-STREET LOADING REQUIREMENTS .............................................. 6-11
CARGO CONTAINER REGULATIONS ................................................................................. 6-12
DRIVE-THRU FACILITIES ...................................................................................................... 6-13
ARTICLE VII: SIGNS ............................................................................................................................ 7-1
7.1
7.2
7.3
7.4
7.5
GENERAL PROVISIONS ........................................................................................................... 7-1
DEFINITIONS .............................................................................................................................. 7-1
GENERAL REGULATIONS ....................................................................................................... 7-7
SIGNS REGULATED BY ZONING DISTRICT ...................................................................... 7-13
PERMIT APPLICATION AND FEES ....................................................................................... 7-22
ARTICLE VIII: NON-CONFORMITIES ................................................................................................... 8-1
8.1
8.2
8.3
8.4
8.5
NON-CONFORMING LOTS OF RECORD ..................................................................................... 8-1
NON-CONFORMING BUILDINGS OR STRUCTURES ............................................................... 8-1
NON-CONFORMING USES ............................................................................................................. 8-2
REGISTRATION OF NON-CONFORMING USES, BUILDINGS, AND STRUCTURES .......... 8-3
EXISTING SPECIAL USES EXEMPTION ...................................................................................... 8-3
ARTICLE IX: ADMINISTRATION AND PROCESSING ...................................................................... 9-1
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
ORGANIZATION............................................................................................................................... 9-1
ZONING OFFICIAL ........................................................................................................................... 9-2
PLANNING AND ZONING COMMISSION ................................................................................... 9-3
VILLAGE BOARD OF TRUSTEES ................................................................................................. 9-4
OTHER ELECTED AND APPOINTED OFFICIALS ...................................................................... 9-4
ZONING LETTER .............................................................................................................................. 9-5
OCCUPANCY CERTIFICATES ....................................................................................................... 9-6
NOTICE REQUIREMENTS FOR APPEALS, VARIATIONS, AMENDMENTS,
SPECIAL USE PERMITS, AND SUBDIVISIONS .......................................................................... 9-7
APPEALS ............................................................................................................................................ 9-8
VARIATIONS ..................................................................................................................................... 9-9
AMENDMENTS ............................................................................................................................... 9-12
SPECIAL USES ................................................................................................................................ 9-14
9.13
9.14
9.15
9.16
9.17
ANNEXATION................................................................................................................................. 9-18
SITE PLAN REVIEW....................................................................................................................... 9-19
TIME LIMITATIONS ...................................................................................................................... 9-21
FEES .................................................................................................................................................. 9-21
ENFORCEMENT AND PENALTIES ............................................................................................. 9-22
ARTICLE X: ENVIRONMENTAL PERFORMANCE STANDARDS ................................................10-1
10.1
10.2
10.2
10.3
10.4
10.5
10.6
GENERAL PERFORMANCE STANDARDS .......................................................................... 10-1
NOISE................................................................................................................................................ 10-2
VIBRATION ..................................................................................................................................... 10-2
ODOR ................................................................................................................................................ 10-3
DUST AND AIR POLLUTION ....................................................................................................... 10-3
TOXIC AND NOXIOUS MATTER ................................................................................................ 10-3
FIRE AND EXPLOSIVE HAZARDS.............................................................................................. 10-3
ARTICLE XI: SUBDIVISION ............................................................................................................. 11-1
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
11.18
11.19
11.20
11.21
11.22
11.23
11.24
11.25
11.26
11.27
11.28
11.29
11.30
11.31
11.32
11.33
11.34
11.35
11.36
SUBDIVISION PURPOSE AND INTENT ............................................................................... 11-2
SUBDIVISION PROCEDURES ................................................................................................ 11-3
PLATS AND MAPS ................................................................................................................. 11-10
PRELIMINARY PLATS (MAJOR/ PLANNED UNIT DEVELOPMENTS) ......................... 11-12
FINAL PLAT: MAJOR, MINOR, REPLAT, AND PLANNED UNIT DEVELOPMENTS .. 11-14
CERTIFIED SURVEY ............................................................................................................. 11-17
PLANNED UNIT DEVELOPMENT ....................................................................................... 11-17
PLAT OF CONSOLIDATION. ................................................................................................ 11-17
PHYSICAL DESIGN ............................................................................................................... 11-18
STREET SYSTEM DESIGN ................................................................................................... 11-19
EASEMENTS ........................................................................................................................... 11-22
BLOCKS .................................................................................................................................... 11-22
LOTS ........................................................................................................................................ 11-22
BUILDING SETBACK LINES ................................................................................................ 11-23
PARKS, SCHOOLS, AND PUBLIC AREAS.......................................................................... 11-23
DRAINAGE.............................................................................................................................. 11-27
REQUIRED IMPROVEMENTS AND SPECIFICATIONS.................................................... 11-28
GRADING AND MONUMENTATION.................................................................................. 11-29
STREET IMPROVEMENTS ................................................................................................... 11-30
SIDEWALKS ........................................................................................................................... 11-30
CURB AND GUTTER ............................................................................................................. 11-30
PUBLIC UTILITIES ................................................................................................................ 11-30
STORM DRAINAGE ............................................................................................................... 11-31
DAMS AND IMPOUNDMENT STRUCTURES .................................................................... 11-33
WATERLINES ......................................................................................................................... 11-34
SANITARY SEWERS.............................................................................................................. 11-34
STREET LIGHTS..................................................................................................................... 11-35
STREET SIGNS ....................................................................................................................... 11-35
DEDICATIONS ........................................................................................................................ 11-35
EASEMENTS ........................................................................................................................... 11-36
RESERVATIONS .................................................................................................................... 11-36
VACATIONS ........................................................................................................................... 11-37
BONDS AND FINANCIAL GUARANTEES ......................................................................... 11-38
FEES ......................................................................................................................................... 11-39
VIOLATIONS AND PENALTIES .......................................................................................... 11-39
VARIATION AND RELIEF .................................................................................................... 11-40
11.37
11.38
PLANNED UNIT DEVELOPMENTS..................................................................................... 11-40
AMENDMENTS ...................................................................................................................... 11-40
APPENDIX A: EXHIBITS
“EXHIBIT A” – Owner’s Declaration ......................................................................................... A-1
“EXHIBIT B” – Surveyor’s Certificate ....................................................................................... A-5
“EXHIBIT C” – Tax Certificate .................................................................................................. A-6
“EXHIBIT D” – Approval (Planning and Zoning Commission) ................................................. A-7
“EXHIBIT E” – Approval (Board) .............................................................................................. A-8
“EXHIBIT F” – Certificate as to Special Assessments ............................................................... A-9
“EXHIBIT G” – Construction Inspection Certifications for Subdivisions in the Village
of Forsyth........................................................................................................ A-10
APPENDIX B: PLATS AND MAPS
Site Location Map ........................................................................................................................ B-1
Certified Survey ........................................................................................................................... B-1
Preliminary Plat of Subdivision ................................................................................................... B-1
Final Plat of Subdivision.............................................................................................................. B-1
Planned Unit Development .......................................................................................................... B-1
Street Cross-Sections ................................................................................................................... B-1
APPENDIX C: TABLES
TABLE VI-I: Street Design Standards ........................................................................................ C-1
TABLE VII-I: Street Design Standards ....................................................................................... C-2
TABLE 1-A: Table of Estimated Ultimate Population Per Dwelling Unit ................................. C-3
ARTICLE I
TITLE, PURPOSE, AND INTENT
TITLE, PURPOSE, AND INTENT .......................................................................................... 1-1
1.1
TITLE ............................................................................................................................ 1-1
1.2
PURPOSE AND INTENT ............................................................................................ 1-1
1.3
SEPARABILITY .......................................................................................................... 1-2
1.4
ORDINANCE PROVISIONS ARE NON-ACCUMULATIVE ................................... 1-2
1.5
INTERPRETATION ..................................................................................................... 1-2
1.6
RELATIONSHIP TO VILLAGE CODE...................................................................... 1-3
1.7
EFFECTIVE DATE AND TRANSITION ................................................................... 1-3
1.1
TITLE:
1.2
PURPOSE AND INTENT:
This Ordinance shall be known, cited and referred to as the "Village of Forsyth Development
Ordinance".
The Forsyth Development Ordinance is adopted with the purpose of protecting and promoting the
public health, safety, morals, comfort and general welfare of the people. The fulfillment of this
purpose is to be accomplished by seeking:
A.
To combine zoning, subdivision, and other regulations related to the development and use
of land into one combined and consistent set of regulations.
B.
To establish districts with an appropriate mix of permitted uses, and adequate standards
for the provision of light, air, privacy and open spaces.
C.
To zone all properties with a view to conserving the value of buildings and land and to
encourage the most appropriate use of land throughout the Village.
D.
To lessen congestion on the public streets, and to facilitate the provision of adequate
transportation, and of other public facilities and services such as water, sewerage,
schools, and parks.
E.
To avoid hazards to persons and damage to property from inappropriate development of
land and provide for adequate drainage, erosion control, and reduction of flood damage.
F.
To foster a rational pattern and relationship of land uses between residential, business,
commercial and industrial, for the mutual benefit of all.
G.
To provide for and preserve appropriate open space.
H.
To protect residential, business, commercial, and industrial areas alike from harmful
encroachment by incompatible uses and to ensure that land allocated to a class of uses
shall not be usurped by other inappropriate uses.
I.
To isolate or control the location of unavoidable nuisance producing uses.
J.
To facilitate the preservation of sites, areas and structures of historical, architectural and
aesthetic importance.
Forsyth Development Ordinance – Article I – Title, Purpose, and Intent – 8/9/2013
Page 1-1
K.
To establish reasonable standards to which buildings and structures shall conform, and to
encourage reasonable flexibility or development design through appropriate innovation.
L.
To provide for the regulation of non-conforming buildings, structures and uses.
M.
To prevent additions to existing buildings or structures which would not comply with the
restrictions and limitations imposed herein.
N.
To define the powers, duties of the administrative, enforcement officers, and bodies.
O.
To prescribe penalties for any violation of the provisions of this Ordinance, or of any
amendment thereto.
P.
To implement the objectives of the Village Comprehensive Plan.
1.3
SEPARABILITY:
1.4
ORDINANCE PROVISIONS ARE NON-ACCUMULATIVE:
1.5
INTERPRETATION:
Should any section or provision of this Ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part
thereof other than the part so declared to be unconstitutional or invalid.
This Ordinance is non-accumulative in nature. Zoning district requirements do not accumulate
from one district to another unless expressly stated.
A.
Use Lists – The Zoning Official may allow a land use to be considered as a permitted or
special use which, though not contained by name in a zoning district list of permitted or
special uses, is deemed to be similar in nature and clearly compatible with the listed uses.
However, such non-listed uses shall not be considered for review and approval until the
Village Attorney has reviewed the application for such use. All non-listed uses, which
are tentatively approved by the Zoning Official, shall be added to the appropriate use list
by ordinance at the time of periodic updating and revision.
B.
Conflict with federal or state regulations. If a provision of this ordinance is
inconsistent with the provision of a federal or state law, the provision that imposes more
restrictions or greater control on development shall apply.
C.
Conflict with other Village regulations. If any provision of this ordinance is
inconsistent with another provision in this ordinance or with another municipal code
provision, the provision that imposes more restrictions or greater control on development
shall apply.
D.
Conflict with private agreements or easements. This ordinance is not intended to
abrogate, interfere or annul any covenant, easement, deed restriction, or agreement
between private parties. If the provisions of this ordinance impose more restrictions or
greater control on development, the provision of this ordinance shall apply. The Village
does not enforce private agreements.
Forsyth Development Ordinance – Article I – Title, Purpose, and Intent – 8/9/2013
Page 1-2
E.
Conflict between text, tables and figures. This Development Ordinance contains tables
and figures. In some cases the tables and figures are used in lieu of text; in other cases
the tables and figures are meant to supplement or clarify the meaning of the text. In cases
where there is a conflict between the text of this ordinance and a table or figure, the
provisions as expressed in the text shall apply.
1.6
RELATIONSHIP TO VILLAGE CODE:
1.7
EFFECTIVE DATE AND TRANSITION:
The Forsyth Development Ordinance shall be considered an integral part of the Village Code of
Forsyth. All applications for permits under the terms of this Ordinance shall be subject to all the
provisions of all other pertinent Village regulations.
A.
Effective Date. Unless otherwise expressly indicated, the provisions of the Development
Ordinance become effective on September 1, 2013.
B.
Applications submitted before effective date. Complete applications for development
that were submitted and pending approval before September 1, 2013 will be reviewed
under the terms and provision of the Ordinances that were in effect on the date that the
complete application was submitted. Any re-application for an expired permit must meet
the standards of the Development Ordinance in effect at the time of the re-application.
C.
Permits issued before effective date. If a building or development was issued a
building permit prior to the effective date of this Development Ordinance, the building or
development may be completed in compliance with the permit and other applicable
permits, even if they conflict with provisions of this Development Ordnance.
Forsyth Development Ordinance – Article I – Title, Purpose, and Intent – 8/9/2013
Page 1-3
ARTICLE II
RULES AND DEFINITIONS
RULES AND DEFINITIONS ...........................................................................................................2-1
2.1
RULES ...................................................................................................................................2-1
2.2
DEFINITIONS .......................................................................................................................2-2
2.1
RULES:
A.
Applicability – The rules and definitions contained in this Article shall be observed and
applied except when the context clearly indicates otherwise.
B.
Rules – The following rules shall apply to the text of this Ordinance:
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number shall include the plural number, and the plural
the singular.
(3)
The words "shall" and "will" are mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The masculine gender includes the feminine and neuter.
(6)
The word "person" means an individual, association, corporation, estate, joint
venture, partnership, trustee or other legal entity capable of holding title to real
property.
(7)
Whenever a word or term defined appears in the text of this Ordinance, its meaning
shall be construed as set forth in the definition. Any word appearing in parentheses
directly after a word defined shall be construed in the same sense as the word.
(8)
The word "building" includes "structure"; "building" or "structure" includes any
part thereof; "used" or "occupied" as applied to any land or building shall be
construed to include the word "intended, arranged, or designed to be used or
occupied".
(9)
Terms not herein defined shall be defined as specified in Webster's New College
Dictionary-- Latest Edition.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-1
2.2 DEFINITIONS – The following definitions shall apply in the interpretation and enforcement of
this Ordinance:
Abut:
Accessory Use
or Structure:
Addition:
ADT (Average
Daily Traffic):
Adult Business Uses:
To physically touch or border upon, or to share a common property line.
A use or structure on the same lot with, and a nature customarily incidental
and subordinate to, the principal use or structure.
Any construction which increases the size of a building or structure in
terms of site coverage, height, length, width, or gross floor area. (Ord.
946, passed 6-1-2015)
The average number of motor vehicles per day that pass over a given point
or segment of street. (Ord. 946, passed 6-1-2015)
Any use which customarily excludes minors by reason of age, for reasons
other than the sale or consumption of alcoholic beverages on the premises.
These include:
(1)
Adult Book and Video Store – An establishment which has as a
substantial or significant portion of its stock in trade books,
magazines, video tapes or other periodicals, and which, in
accordance with law, denies admittance to minors by virtue of age.
(2)
Adult Theater – An establishment that as a substantial or
significant portion of its business regularly features for
presentation, films, motion pictures, video, slides, computer
displays, or other visual representations or recordings of any kind
that are distinguished or characterized by an emphasis on the
exposure, depiction, or description of specified anatomical areas,
or the conduct or simulation of specified sexual activities.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-2
(3)
Adult Entertainment Use – A public or private establishment
which features topless dancers, go-go dancers, exotic dancers,
strippers, male or female impersonators or similar entertainers.
(4)
Adult Massage Establishment – An establishment where, for
any form of consideration, massage, alcohol rub, fomentation,
electric or magnetic treatment, or similar treatment or
manipulation of the human body is administered for the primary
purpose of sexual stimulation or arousal, unless such treatment or
manipulation is administered by a medical practitioner or similar
professional person licensed by the state.
Agriculture:
Land, including necessary buildings, dwellings and other structures shall
be considered for use for agriculture if the principal use thereof is the
raising or keeping of livestock and/or the growing of crops.
Alley:
A dedicated public right-of-way, other than a street, that affords a
secondary means of access to abutting property.
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. (Ord. 946, passed 6-1-2015)
Amusement Facility:
An establishment where the primary business is based on the offering for
public use of five or more of any form of game machine, instrument or
apparatus operated by coin, slug, card or similar medium.
Ancillary:
Auxiliary, supplementary, or accessory.
Animal Hospital or
Veterinary Clinic:
Animal,
Small Domestic:
Antenna:
Any building or portion thereof designed or used for the care, observation
or treatment of domestic animals.
Animals customarily kept as domesticated pets but excluding livestock
(deer, horses, cattle, sheep, swine, goats, llamas, alpacas and other similar
domesticated animals) domestic fowl (chickens, ducks, turkeys, geese,
peacocks), honeybees and pigeons.
An apparatus used for sending or receiving electromagnetic waves. May
be external to or attached to the exterior of a building.
Apartments, Low Rise: An apartment building up to three stories but not to exceed the maximum
height limit of the zoning district in which the lot is located.
Applicant:
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. (Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-3
Assisted Living Facility: A facility providing housing and services for a group of persons, typically
elderly, which may include provision of meals, housekeeping, and
personal care assistance.
Attached:
Automobile Service
Station, Full Service:
Automobile Service
Station, Self Service:
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. (Ord. 946,
passed 6-1-2015)
An automobile service station which, in addition to the retail dispensing of
vehicular fuels, performs, as an accessory use, automotive maintenance,
service, or repair (excluding body work) including, but not limited to, the
sale and installation of lubricants, tires, batteries, and similar accessories
for automotive vehicles.
An automobile service station where the dispensing of vehicular fuels is
performed primarily by individual patrons and which normally does not
perform any manner of automotive maintenance, service, or repair.
Basement:
That portion of a building all or partly underground but having at least
one-half of its height below the average level of the adjoining ground.
Bed and Breakfast:
An owner-occupied dwelling providing not more than five rooms for
overnight accommodations to the public and, if so desired, breakfasts may
be served to the guests thereof. Rental is on a transient basis for a fee.
Berm:
A mound of earth, or the act of pushing earth into a mound, used for
screening. Berms are often naturalistic and meandering in nature, and used
to provide an aesthetic border to a property.
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. (Ord. 946, passed 6-12015)
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. (Ord. 946, passed 6-1-2015)
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. (Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-4
Building:
Any structure substantially enclosed
by exterior walls, with a roof
supported by columns or walls, and
intended for the shelter, housing, or
enclosure of any individual, use,
animal, process, equipment, goods, or
materials of any kind.
Principal Building:
A building or structure on a
zoning lot in which the
principal use is conducted.
Buildable Area:
The area of a lot remaining after the
minimum yard and open space
requirements of this Ordinance have
been met, also known as building
envelope.
Building Footprint:
An outline of a building's foundation
as shown on a drawing or a site plan.
Buildable Area
Building Height:
Height shall be defined
as the vertical distance
measured from the
nearest established curb
level or existing terrain,
whichever is higher, to
the highest point of the
coping of a flat roof or
to the uppermost edge
Building Height – Gable, Hip or
of a mansard roof, or to
Gambrel Roof
the mean height level
between eaves and
ridge for gable, hip or gambrel roofs. Chimneys, towers, spires, steeples,
elevator penthouses, cooling towers, cupolas and other similar projections
shall not be included in building height.
Building Permit:
Written permission issued by the Village of Forsyth for the construction,
repair, alteration or addition to a structure.
Building Setback Line: The minimum distance by which any building or structure must be
separated from a property line.
Business:
Activities that include the exchange or manufacture of goods or services
on a site. (Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-5
Cargo Storage
Container:
A reusable vessel designed
without an axle or wheels
capable of being:
(1)
used in the packing,
shipping,
movement
or
transportation
of
freight,
articles,
goods
or
commodities;
(2)
mounted or moved
on a rail car and/or
being mounted on a chassis, bogie or trailer for movement by
truck trailer or loaded on a ship.
Cargo Container
Car Wash:
A building, structure or portion thereof containing facilities for washing
motor vehicles.
Certified Survey:
A survey used for recording a minor subdivision or replat.
Change of Use:
The replacement of an existing use by a new use. (Ord. 946, passed 6-12015)
Clinic, Medical:
A facility providing medical, psychiatric, surgical, dental, or optometric
services on an out-patient basis by licensed practitioners.
Club or Lodge, Private: A non-profit association of persons, which is comprised of bona fide
members, collects membership dues, and owns, hires, or leases a building
or portion thereof, with the use of such premises being restricted to
members and their guests.
Commission:
Communication/
Cell Towers:
For the purpose of this Ordinance, Commission shall refer to the Planning
and Zoning Commission of the Village of Forsyth (see Planning and
Zoning Commission).
A structure designed and constructed to support one (1) or more
telecommunications antennas and including all appurtenant devices
attached to it. A tower can be freestanding or supported (attached directly
to the ground and with guy wires) or either lattice or monopole
construction.
Comprehensive Plan:
The plan for the long range growth and development of the Village as
adopted and amended from time to time by the Forsyth Village Board.
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. (Ord. 946, passed 6-1-2015)
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Conditions or
Restrictions:
Provisions and limitations which may be imposed on a building, structure,
parcel of land, or use at the time the Village Board grants approval of a
variation, planned unit development, or special use.
Condominium:
A building, or group of buildings, in which units are owned individually,
and common areas and facilities are owned by all the owners on a
proportional basis.
Contractor:
Person who agrees to furnish materials or to do a piece of work for a
certain price.
Convenience Store:
A small retail establishment (typically less than 4,000 sq. ft.) that sells a
limited line of groceries, pre-packaged foods, beverages, tobacco,
periodicals, and other household goods.
County:
Macon County, Illinois.
Crosswalk:
A public right-of-way located across a block to provide pedestrian access
to adjacent streets or alleys.
Cul-de-sac:
A minor street with only one outlet.
Day Care Center:
A facility, other than within a residential dwelling unit, which exclusively
provides supplemental care and supervision, recreation, and/or educational
instruction to children or adults during the entire or any portion of the day.
Day Care Home:
A family home that receives more than 3 and up to a maximum of 12
children or adults for less than twenty-four (24) hours per day. The
number counted includes the family’s natural or adopted children and all
other persons under the age of 12. Such facilities are regulated by the
Illinois Department of Children and Family Services (DCFS).
Decibel:
A method of describing differences in sound levels. A logarithmic unit of
measurement of the intensity (loudness) of sound.
Deciduous:
Plants that drop their leaves before becoming dormant in winter.
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). (Ord. 946, passed 6-1-2015)
Dedication:
The gift or donation of property by its owner to another party.
Deed:
A legal document conveying ownership of real property.
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Demolition:
The tearing down of buildings and structures. A building or enclosed
structure shall be considered demolished when, within any continuous 12
month period, such building or enclosed structure is destroyed in whole or
in part (when 50% or more of the enclosing exterior walls or 50% or more
of the roof are removed).
Density:
The amount of development per specific unit of a site.
Gross Density:
The number of dwelling units per acre devoted to residential land
development, including streets, street rights-of-way, and open
space.
Net Density:
The total number of dwelling units divided by the total
developable land area of a project. For the purpose of determining
the number of units per acre in a planned unit development for net
density calculations, lot area shall be included, but not streets,
street rights-of-way, or open space.
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.
(Ord. 946, passed 6-1-2015)
Detention Basin
or Pond:
A storage facility for the temporary storage of stormwater runoff.
Developer:
The legal owner(s) or authorized agent of any land included in a proposed
development. (Ord. 946, passed 6-1-2015)
Development:
The construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any mining, excavation,
landfill or land disturbance, and any use or extension of the use of land.
Development
Ordinance:
A set of rules adopted by the Village Board that include the zoning
regulations, subdivision regulations, and zoning map. (Am. Ord. 946,
passed 6-1-2015)
Drainage:
The removal of surface or ground water from land by drains, grading, or
other means. (Ord. 946, passed 6-1-2015)
Drainage System:
The system through which water flows from the land. (Ord. 946, passed 61-2015)
Drive-In
Establishment:
A business which is operated for the sale of food and other goods, services,
or entertainment and which is designed and equipped so as to allow
patrons to be served or accommodated while remaining in their vehicles.
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Drive-Through Facility: Premises used to dispense products or services through an attendant,
window or automated machine, to persons remaining in motor vehicles in
a designated stacking aisle. A “Drive-Through Facility” often exists in
combination with other uses.
Driveway:
A permanently paved, surfaced area providing vehicular access between a
street and an off-street parking or loading area. (Ord. 946, passed 6-12015)
Dry Cleaner:
An establishment which launders or dry cleans articles directly on the
premises or which is maintained for the pickup and delivery of dry
cleaning where laundering or cleaning is done off-site.
Dwelling:
A building, or portion thereof, designed or used for residential occupancy
containing living, sleeping, cooking, housekeeping, and bathroom
facilities.
Multiplex Dwelling:
A single structure containing two (2) or more attached dwellings
in which each unit: has two open space exposures; shares one or
two walls with an adjoining unit or units; and has a main entry at
ground level.
Patio House Dwelling: A one-family dwelling on an individual lot with open space
setbacks on three sides, and with a court. Also known as zero lot
line.
Quadplex Dwelling:
Single-Family
Attached Dwelling:
Single-Family
Detached Dwelling:
Four (4) attached dwellings in one structure, in which each unit
has two open space exposures, and shares one or two walls with
an adjoining unit or units.
A one-family dwelling attached to one (1) or more other onefamily dwellings by common vertical walls. (Am. Ord. 946,
passed 6-1-2015)
A dwelling which is designed for and occupied by not more than
one family and surrounded by open space or yards and which is
not attached to any other dwelling.
Townhome Dwelling: A one-family dwelling in a row of at least three (3) such units in
which each unit has its own front and rear access to the outside, no
unit is located over another unit, and each unit is separated from
any other unit by one or more common fire resistant walls.
Two-Family or
Duplex Dwelling:
A structure on a single lot containing two dwelling units, each of
which is separated from the other by an unpierced wall extending
from ground to roof, or an unpierced ceiling and floor extending
from exterior wall to exterior wall, except for a common stairwell
exterior to both dwelling units.
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Dwelling Unit:
Referring to one dwelling.
Easement:
A grant, by a property owner, for the use of a portion of their land by
another party for a specific purpose.
Conservation
Easement:
An easement precluding future or additional development of the
land.
Drainage Easement:
An easement required to accommodate stormwater management
and/or required for the preservation or maintenance of a natural
stream or water course or other drainage facility.
Eave:
The projecting lower edge of
overhanging the wall of a building.
a
roof
Elevation:
(1)
A vertical distance above or below a
fixed reference level; or
(2)
A scaled drawing of the front, rear, or
side of a building.
Enclosed:
A roofed or covered space fully surrounded by
walls. (Ord. 946, passed 6-1-2015)
Encroachment:
Any obstruction in a delineated floodway, right-of-way, required yard or
adjacent property.
Erosion:
The wearing away of a land surface by water, wind, ice, or gravity. (Ord.
946, passed 6-1-2015)
Excavation:
A hole formed by cutting, digging, or scooping of soil.
Family:
One or more individuals occupying a dwelling unit and living as a single
household unit.
Farming:
The use of land solely for the growing and harvesting of crops; for the
feeding, breeding and management of livestock; for dairying or for any
other agricultural or horticultural use or combination thereof; including,
but not limited to, hay, grain, fruit, truck or vegetable crops, nurseries,
orchards, forestry, and sod; the keeping, raising, and feeding of livestock
or poultry, including dairying, poultry, swine, sheep, beef cattle, ponies or
horses, bees, fish, and wildlife.
Farm Stand:
A booth or stall located on a farm from which produce and farm products
are sold to the general public.
Federal:
Pertaining to the Government of the United States of America. (Ord. 946,
passed 6-1-2015)
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Fence:
A structure which is used as a boundary, protection, or means of screening
and which is made of manufactured or natural materials.
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. (Ord. 946, passed 6-12015)
Final Plat:
A map or plan of a subdivision and any accompanying material.
Financial Institution:
A business or organization that provides personal, commercial, and retail
money holding, investment and lending services, with or without walk-up
or automatic teller machines. This classification includes establishments
such as banks, savings and loans, mortgage lending offices, credit unions,
securities and brokerage offices. A “Financial Institution” shall not
include a payday or title loan agency.
Floodplain:
Those areas along rivers and streams subject to periodic flooding. The
floodplain is defined by the Flood Boundary and Floodway Map prepared
by the Federal Emergency Management Agency (FEMA).
Floodway:
The channel of the watercourse and those portions of the adjoining
floodplain which are reasonably required to carry the 100-year flood.
Floor Area, Gross:
The sum of the gross horizontal areas of the several floors of a building
measured from the exterior face of exterior walls, or from the centerline of
a wall separating two buildings, but not including interior parking spaces,
loading space for motor vehicles, or any spaces where the floor-to-ceiling
height is less than six feet.
Floor Area, Net:
The total of all floor areas of a building, excluding stairwells and elevator
shafts, equipment rooms, interior vehicular parking or loading, and all
floors below the first or ground floor, except when used or intended to be
used for human habitation or service to the public.
Footcandle:
A unit for measuring illumination equal to the amount of direct light
produced by a source of one candle on a surface at a distance of one foot.
Frequency:
The number of oscillations per second in a sound wave, measuring the
pitch of the resulting sound.
Frontage:
That side of a lot abutting on a street.
Glare:
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
Grade:
The mean level of the finished surface of the ground adjacent to the
exterior walls of a building or structure; the degree of rise or descent of a
sloping surface.
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Grading:
The shaping of the ground surface by cutting, filling and leveling to
planned grades. Normally, this operation is required in order to convert a
site from one land use to another.
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 V of this Ordinance. (Am. Ord. 946, passed 6-1-2015)
Gross Land Area:
The entire area of a development including lots, streets, and alleys
measured to the centerline of any bounding street.
Group Housing:
A community residence serving unrelated persons with disabilities which
is licensed, certified, or accredited by appropriate local, state, or national
bodies. Group housing does not include residences which serve persons as
an alternative to incarceration for a criminal offense.
Home Occupation:
A business, profession or other activity engaged in for income or profit
conducted entirely within a residential property.
Hospital:
An institution devoted primarily to the maintenance and operation of
facilities for the diagnosis, treatment, or care of individuals suffering from
illness, disease, injury, deformity, or other abnormal physical conditions
and which permits overnight lodging for patients. A hospital may include
as an integral part of the institution related facilities such as laboratories,
outpatient facilities, or training facilities.
Hotel, Motel, Inn:
An establishment containing lodging accommodations designed for use by
transients, travelers, or temporary guests. Facilities provided may include
maid service, laundering of linen used on the premises, telephone service,
restaurants, meeting rooms, and ancillary retail uses.
Improvements:
Any structure, grading, street surfacing, curbs and gutters, sidewalks,
bikeways, crosswalks, water mains, sanitary sewers, storm sewers,
drainage ditches, culverts, bridges, trees, and other additions or deletions
from the natural state of land which increase its utility or habitability.
Public Improvement: Any improvements for which the Village or other public entity
may ultimately assume the responsibility for maintenance and
operation.
Private Improvement: Any installed or constructed facility for which the responsibility of
maintenance and ownership will be retained by the owner or a
private association.
Industrial Park:
A tract of land that has been planned, developed, and operated as an
integrated facility for a number of individual industrial uses, with special
attention to circulation, parking, utility needs, aesthetics, and
compatibility.
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Junk Yard:
An establishment used for the storage, disassembly, processing, or salvage
of equipment, machinery, motor vehicles, or similar material.
Kennel:
Any lot or premises or portion thereof on which three (3) or more dogs or
other domestic animals over the age of four months are boarded for
compensation or kept for sale. An animal hospital or veterinary clinic
where animals are only kept overnight for observation after surgery shall
not be considered a kennel.
Land Disturbance
Permit:
Landscaped Area:
A permit required under the Storm Water Ordinance for site grading,
excavation, and other land disturbing activities.
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. (Ord. 946, passed 6-12015)
Perimeter
Landscaped Area:
Interior
Landscaped Area:
Any required landscaped area that adjoins the exterior boundary of
a lot, site, or common development. (Ord. 946, passed 6-1-2015)
Any landscaped area within a site exclusive of required perimeter
landscaping. (Ord. 946, passed 6-1-2015)
Light Industry:
The manufacturing from previously prepared materials of finished
products or parts, including processing, fabrication, assembly, treatment,
and packaging of such products, and incidental storage, sales, and
distribution of such products, providing all industrial activities are
contained entirely within a building and noise, odor, smoke, heat, glare,
and vibration resulting from the industrial activity are confined entirely
within the building.
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.
(Ord. 946, passed 6-1-2015)
Lot:
A parcel or tract of land that has been identified separately from other
parcels of property through the formal subdivision or resubdivision
process.
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A lot of which at least two (2) adjacent sides abut for their full
lengths upon street rights-of-way.
Corner Lot:
Double Frontage Lot
or Through Lot:
A lot which fronts upon two (2) parallel streets, or which fronts
upon two (2) streets which do not intersect at the boundaries of the
lot.
Flag Lot:
A lot where access to the public road is by a narrow private rightof-way. (Am. Ord. 946, passed 6-1-2015)
Interior Lot:
A lot other than a corner lot with only one frontage on a street.
Zoning Lot:
A lot of record in a recorded subdivision, or a single tract of land,
or parcels described by metes and bounds, which are designated
by their owner as a tract to be used, developed, or built upon as a
single unit in common ownership.
Lot Area:
The computed area contained with the boundary lines of a lot, exclusive of
any portion of the right-of-way of any public or private street or easement
of access.
Lot Coverage:
The part or percent of the lot occupied by buildings or structures, including
accessory buildings and pavements.
Lot Depth:
The mean horizontal distance between the front and rear lot lines.
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Lot Frontage:
The distance between side lot lines at the street right-of-way. If the side
lot lines do not intersect the street right-of-way, the lot frontage shall be
only that portion of the lot line abutting the street that coincides with the
street right-of-way. For an arced lot line, the lot frontage shall be the
internal chord dimension.
Lot Frontage
Lot Line:
A line of record bounding a lot which separates one lot from another lot or
from a public or private street or any other public space.
Corner Side Lot Line: The boundary of a corner lot which abuts a street right-of-way but
is not the front line.
Front Lot Line:
The boundary of a lot which is along a street right-of-way. For
land-locked or partially land-locked parcels of land, the front lot
line is that lot line that faces the access to the lot.
Rear Lot Line:
The boundary of a lot which is most distant from and is, or is most
nearly, parallel to the front lot line.
Side Lot Line:
Any lot line other than a front or rear lot line.
Lot of Record:
An area of land which is designated as a separate platted subdivision lot in
a subdivision plat prepared in accordance with the Plat Act and recorded in
the office of the Macon County Recorder of Deeds.
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. (Ord.
946, passed 6-1-2015)
Lot Width:
The horizontal distance between the side lot lines of a lot measured at the
required front yard setback line. On arced lots, the lot width shall be the
internal cord dimensions.
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Massage Therapy:
A system of structured palpations or movements of the soft tissue of the
body. The system may include, but is not limited to, techniques such as
effleurage or stroking and gliding, petrissage or kneading, percussion,
friction, vibration, compression, and stretching activities as they pertain to
massage therapy. These techniques shall be applied by a licensed massage
therapist. The purpose of the practice of massage, as licensed under the
Illinois Massage Licensing Act (225 IL CS 57), is to enhance the general
health and wellbeing of the mind and body of the recipient. Massage does
not include the diagnosis of a specific pathology. Massage does not
include those acts of physical therapy or therapeutic or corrective measures
that are outside the scope of massage therapy as designated in the Illinois
Massage Licensing Act.
Massage Therapist:
A person who is licensed by the Illinois Department of Professional
Regulation and administers massage for compensation.
Mayor:
T he Village President/Mayor for the Village of Forsyth.
Medical Cannabis
Cultivation Center:
Medical Cannabis
Dispensing
Organization:
Medical Cannabis
Facilities:
Microbrewery:
A facility operated by an organization or business that is registered by the
Illinois Department of Agriculture to perform necessary activities to
provide only registered medical cannabis dispensing organizations with
usable medical cannabis per the Compassionate Use of Medical Cannabis
Pilot Program Act, enacted by the State of Illinois, as may be amended
from time to time. (Ord. 933, passed 12-1-2014)
A facility operated by an organization or business that is registered by the
Department of Financial and Professional Regulation to acquire medical
cannabis from a registered cultivation center for the purpose of
dispensing cannabis, paraphernalia, or related supplies and educational
material to registered qualifying patients, per the Compassionate Use of
Medical Cannabis Pilot Program Act, enacted by the State of Illinois, as
may be amendment from time to time. (Ord. 933, passed 12-1-2014)
Both Medical Cannabis Cultivation Centers and Medical Cannabis
Dispensing Organizations. (Ord. 933, passed 12-1-2014)
A facility for the production and packaging of malt beverages for retail
and/or wholesale distribution, with a capacity of not more than 15,000
barrels per year. The facility may include a restaurant or tavern where the
beverages produced on site or sold directly to patrons, either for
consumption on-site or in hand-capped, sealed containers in quantities up
to one-half barrel. A barrel is the equivalent of 31 gallons.
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Mixed Use
Building:
Mixed Use
Development:
A building or structure that incorporates office and/or commercial uses on
the main floor with residential uses above the main floor. The office
and/or commercial use shall only include those uses that are permitted
within the zoning district in which the building is located. If the office
and/or commercial use requires a special use permit, the special use shall
be granted following the process outlined in Section 9.12 before the mixed
use building is allowed. (Ord. 945, passed 6-1-2015)
The development of a tract of land, building, or structure with two or more
different uses such as, but not limited to, residential, office, manufacturing,
retail, public, or entertainment.
Mobile Home:
A structure designed for permanent habitation and so constructed as to
permit its transport on wheels, temporarily or permanently attached to its
frame, from the place of its construction to the location, or subsequent
locations, at which it is intended to be a permanent habitation and designed
to permit the occupancy thereof as a dwelling place for one or more
persons.
Modular Home:
A building assembly or system of building sub-assemblies, designed for
habitation as a dwelling for one or more persons, including the necessary
electrical, plumbing, heating, ventilating, and other service systems, which
is of closed or open construction and which is made or assembled by a
manufacturer, on or off the building site, for installation or assembly and
installation on the building site, with a permanent foundation as approved
by the Building Code.
Motor Vehicle:
Any self-propelled wheeled conveyance that does not run on rails and that
carries passengers, goods, or equipment.
Net Land Area:
The property which could be developed including land remaining after
the street, street rights-of-way and open space have been subtracted.
Non-Conforming
Building:
Non-Conforming Lot:
Any building or structure lawfully established at the time this Ordinance is
adopted, which: (a) does not comply with all the regulations of this
Ordinance or any amendment hereto governing standards of the district in
which such building or structure is located; or (b) is designed or intended
for a nonconforming use.
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
Development Ordinance. (Ord. 946, passed 6-1-2015)
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Non-Conforming Use:
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. (Am. Ord. 946, passed 6-12015)
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. (Ord. 946, passed 6-1-2015)
Nursing Home:
An extended or intermediate care facility licensed or approved by the
Illinois Department of Public Health to provide full-time convalescent or
chronic care to individuals who, by reason of advanced age, chronic illness
or infirmity, are unable to care for themselves.
Octave Band:
A means of dividing the range of sound frequencies into intervals in order
to classify sound according to pitch.
Occupancy Certificate: A document that permits the use and/or occupancy of a structure or portion
of a structure after it is constructed, reconstructed, remodeled or moved,
indicating that the proposed occupancy or use complies with all the
provisions of this Development Ordinance.
Odor Threshold:
The minimum concentration of fragrant matter in the air that can be
detected through the nose.
Official Plan:
The composite of the functional and geographic elements of the Village of
Forsyth Comprehensive Plan, or any segment thereof in the form of plans,
maps, charts, and textual material, as adopted by the Village.
Off-Site:
Any premises not located within the area of the property to be subdivided
or developed, whether or not in the same ownership of the applicant for
subdivision or development approval.
Off-Street Parking
and Loading Facility:
Off-Street Parking
or Loading Space:
The storage and/or loading space for vehicles on a zoning lot.
An open, hard-surfaced area of land, other than a right-of-way, an access, a
driveway, or an aisle and the principal use of which is for the standing,
loading, and unloading of motor vehicles.
On-Site:
Located on the lot or parcel that is the subject of an application for
development or subdivision approval.
On-Street Parking:
A temporary storage area for a motor vehicle which is located on a
dedicated street right-of-way.
Opacity:
The quality or state of an object that renders it impervious to the rays of
light; the degree of non-transparency.
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Open Sales Lot:
The area of a lot, excluding a permanent structure, which is improved and
is used for the sale of personal property or produce. (Am. Ord. 946,
passed 6-1-2015)
Open Space:
Any parcel or area of land devoted to landscaping, lawns or water, or
otherwise devoid of buildings or other structures and paved areas, and set
aside, dedicated, designated, or reserved for public or private use.
Ordinance:
The Village of Forsyth Development Ordinance.
Outdoor Display:
The displaying of goods, merchandise, or products outdoors such that the
items are readily available for sale at retail on the same lot and in
conjunction with a permitted or special use which is otherwise operated
entirely within a permanent fully enclosed structure. Temporary structures
may be used in conjunction with outdoor displays. (Ord. 946, passed 6-12015)
Outdoor Storage:
The keeping, in an area external to a principal or accessory structure, of
any goods, material, or merchandise in the same place for more than 24
hours.
Overhang:
(1)
The part of a roof or wall which extends beyond the facade or a
lower wall; and
(2)
The portion of a vehicle extending beyond the curb.
Owner:
Any person, group of persons, firm or firms, corporation or corporations,
or any other legal entity having legal title to or controlling proprietary
interest in the land sought to be subdivided under this Ordinance.
Parcel:
A lot or tract of land.
Parking Area or Lot:
A suitably surfaced and maintained area exclusive of any street, alley, or
other access way, other than internal access aisles, designed or used for the
temporary storage of motor vehicles.
Parking Space:
An area permanently reserved for storage of one (1) automobile and
appropriately connected with a street, alley, or access aisle by a driveway
affording adequate ingress and egress.
Parkway:
The area between the back of the curb and the sidewalk, or the area
between the back of the curb and the edge of the street right-of-way where
there is no sidewalk.
Patio or Terrace:
A level surfaced area directly adjacent to a principal building at or within
close proximity to the finished grade, not covered by a permanent roof,
and intended for outdoor dining and recreational use by people and not as a
parking space.
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Pawn Shop:
Payday or Title
Loan Agency:
Pedestrian Way:
An establishment that lends money on the deposit or pledge of physically
delivered personal property, and who may also purchase such property on
the condition of selling it back again at a stipulated price.
An establishment providing loans to individuals in exchange for receiving
personal checks or titles to the borrowers’ motor vehicles as collateral. A
“Payday or Title Loan Agency” shall not be considered a “Financial
Institution.”
A right-of-way across or within a block, for use by pedestrian traffic whether
designated as a pedestrian way, crosswalk, or however otherwise denoted.
Performance Standard: Criteria established to regulate uses according to their effects. Such criteria
are noise, odor, smoke, toxic or noxious matter, vibration, fire and
explosive hazards, and glare or heat.
Perimeter:
Planning and Zoning
Commission:
Plan Review
Committee:
Planned Unit
Development:
The boundaries or borders of a lot, tract, or parcel of land.
Residents of the Village of Forsyth, appointed by the Mayor with approval
of the Board of Trustees, who conduct regular meetings and provide
recommendations to the Village Board as required by this Development
Ordinance.
This Committee shall consist of the Zoning Official, the Mayor, the
Planning and Zoning Commission Chairman or other Commission
member, and any other Village consultants or staff as determined
appropriate by the Zoning Official. No quorum is required to conduct a
Plan Review Committee meeting. (Am. Ord. 946, passed 6-1-2015)
A parcel of land or contiguous parcels of land of size sufficient to create its
own distinct development environment, controlled by a single landowner
or by a group of landowners in common agreement as to control.
A map representing a tract of land, showing the boundaries and location of
individual properties, easements, and streets.
Plat:
Final Plat:
The final map of all or a portion of a subdivision or site plan
which is presented to the Village Board for final approval.
Preliminary Plat:
A preliminary map indicating the proposed layout of a subdivision
which is submitted to the Planning and Zoning Commission and
Village Board for consideration and preliminary approval.
Pocket Park:
A small open space area accessible to the general public. Pocket parks
typically provide a place to sit outdoors and sometimes a playground.
They may also be created around a monument, historic marker or art
project. Pocket parks are sometimes referred to as play lots.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-20
Porch:
A roofed structure, not more than 75 percent enclosed by walls and
attached to a building.
Premises:
A lot, parcel, tract, or plot of land together with the buildings and
structures thereon.
Property Lines:
The lines bounding a lot.
Psychic/ Fortune
Telling Establishment: An establishment which provides psychic services, such as palm reading
and fortune telling, to the public for a fee.
Pedestrian Way:
A right-of-way dedicated for the purpose of a pedestrian access and
located so as to connect two (2) or more streets, or a street and a public
land parcel.
Portico:
A porch leading to the entrance of a building, or extended as a colonnade,
with a roof structure over a walkway, supported by columns but not
enclosed by walls.
Protective Covenant:
A restriction on the use of land usually set forth in the deed.
Quorum:
A majority of the full authorized membership of the Planning and Zoning
Commission or Village Board.
Recreational Area:
A place designed and equipped for the conduct of sports, leisure time
activities, and other customary recreational activities.
Recreational Vehicle:
Every vehicle originally designed or permanently converted and primarily
used for temporary living quarters or human habitation, and not used as a
commercial vehicle, including any house trailer, camper, or private living
coach.
Regulation:
A specific requirement set forth by this Development Ordinance, which
must be followed. (Ord. 946, passed 6-1-2015)
Rehab Facility:
Structures and land used for the treatment of alcohol, drug abuse, or other
addictions, where one (1) or more patients are provided with care, meals
and lodging.
Restaurant:
Any permanent land, building or part thereof, where food and/or beverages
are prepared and served for compensation, including a bistro, cafe,
cafeteria, coffee shop, lunch room, tearoom, and dining room.
Retail Services:
Establishments providing services or entertainment, as opposed to
products, to the general public, including eating and drinking places, hotels
and motels, finance, real estate and insurance, personal services, motion
pictures, amusement and recreation services, health, educational and social
services, museums, and galleries.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-21
Retail Trade:
Retention Basin
or Pond:
Establishments engaged in selling goods or merchandise to the general
public for personal or household consumption and rendering services
incidental to the sale of such goods.
A pond, pool, or basin used for the storage of stormwater runoff that
maintains a permanent pool of open water.
Rezone:
To change the zoning classification of a parcel or parcels of land.
Right-of-Way:
A strip of land dedicated to the public and occupied or intended to be
occupied by a street, crosswalk, railroad, electric transmission line, oil or
gas pipeline, water main, sanitary or storm sewer main, or other similar
use. The usage of the term "right-of-way" for land platting purposes shall
mean every right-of-way hereafter established and shown on a final plat
and shall be separate and distinct from the lots or parcels adjoining such
right-of-way.
Street Right-of-Way
Width:
The distance between property lines measured at right angles to
the center line of the street.
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. (Ord. 946,
passed 6-1-2015)
Room Addition:
An extension or increase in floor area or height of a building or structure
which increases the conditioned space of the building. A conditioned space
is enclosed space that is provided with heating and/or cooling for the
provisions of human comfort by transporting air through ducts.
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. (Ord. 946, passed 6-12015)
School:
A building or group of buildings maintained by the public or by a private
organization for the purpose of education and which is accredited by the
State of Illinois.
Screening:
A structure erected or vegetation planted for the purpose of concealing
from view the area behind it.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-22
Second Hand Stores
and Re-Sale Shops:
An establishment for the resale of used or donated household goods (such
as clothing, books, toys, tools, furniture, and other similar items), and for
incidental repair or refurbishing prior to resale. This use does not include
resale of motor vehicles, industrial or commercial mechanical equipment
or related parts.
Self-Storage Facility:
A structure containing separate storage spaces of varying sizes leased or
rented on an individual basis.
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. (Ord. 946, passed 6-1-2015)
Setback Line:
The line which represents the required minimum distance from the street
right-of-way line, or any other lot line, that establishes the area within
which the principal structure must be erected or placed.
Sidewalk:
A paved surface area, usually paralleling and separated from the street,
used as a pedestrian walkway.
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. (Ord. 946, passed 6-12015)
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. (Ord. 946, passed 6-1-2015)
Small Wind Energy
System (SWES):
Equipment that converts and then stores or transfers energy from the wind
into useable forms of energy. This equipment includes any base, blade,
foundation, generator, rotor, tower, transformer, vane, wire, inverter,
batteries, or other component used in the system. Such systems shall have
a nameplate capacity of 100 kilowatts or less.
Solar Energy Device:
Equipment that converts and then stores or transfers energy from the sun
into useable forms of energy.
Spot Zoning:
Rezoning of a lot or parcel of land to benefit an owner for a use
incompatible with surrounding uses and not for the purpose or effect of
furthering the Comprehensive Land Use Plan.
State:
The State of Illinois. (Ord. 946, passed 6-1-2015)
Storm Sewer:
A conduit, which conducts storm drainage from a development or
subdivision, ultimately to a drainage way or stream. (Ord. 946, passed 61-2015)
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-23
That part of a building between any floor and the floor next above, and if
there is no floor above, then the ceiling above. A basement is a story if
more than one-half of its height is above the average grade of the lot, it is
used for business purposes, or it contains any dwelling unit.
Story:
The portion of a building or structure under a gable, hip, or
mansard roof, which the top wall plates on at least two (2)
opposite exterior walls are not more than four and one-half feet
above the finished floor of each story.
Half Story:
An improved public or private right-of-way or easement which affords a
primary means of vehicular access to abutting property, whether
designated as a street, avenue, highway, road, boulevard, lane,
throughway, or however otherwise designated, but does not include
driveways to buildings.
Street:
Arterial Street:
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. (Ord. 946, passed 6-1-2015)
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.
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
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.
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.
Intersecting &
Principal Street:
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. (Ord. 946,
passed 6-1-2015)
Local Street:
A Street of limited continuity used primarily for access to
abutting properties within a neighborhood.
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. (Am. Ord. 946, passed
6-1-2015)
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-24
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.
Minor Street:
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). (Ord.
946, passed 6-1-2015)
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.
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:
Anything constructed or erected that requires location on the ground or
attached to something having location on the ground. Buildings, fences,
flag or light poles, freestanding signs, parking lots, play equipment, sheds
and tree houses are all examples of structures. Landscaping (trees, shrubs,
etc.) is not considered a structure.
Subdivision:
The division of a lot, tract, or parcel of land into two or more lots, tracts, or
parcels of land for sale, development, or lease.
Cluster Subdivision:
A single-family, detached home residential subdivision, consisting
of three (3) or more residential lots, in which the individual lots
are clustered, grouped, or arranged so as to achieve a more flexible
overall design for the purpose of:
(1)
Providing
useable
space.
more
open
(2)
Protecting
sensitive natural
areas and features.
Cluster Subdivision
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-25
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. (Ord. 946,
passed 6-1-2015)
Major Subdivision:
Any subdivision not classified as a minor subdivision,
including but not limited to subdivisions of six (6) or more lots,
or any size of subdivision requiring any new street dedication.
Minor Subdivision:
Any subdivision of more than two (2) lots but not containing more
than five (5) lots fronting on an existing street, not involving new
street dedication or utility extensions and not adversely affecting
any existing conditions or the adjoining property, and not in
conflict with any provision or portion of the Comprehensive Plan,
Official Map, Zoning Ordinance, or these regulations.
Swimming Pool:
A structure designed to contain water over twenty-four (24) inches in
depth designated for recreation or fitness.
Above Ground
Swimming Pool:
In-Ground
Swimming Pool:
Tattoo and/or
Body Piercing
Establishments:
Temporary Outdoor
Sales Event:
Any swimming pool whose sides rest fully or partially above the
surrounding earth.
An artificial basin of water used for swimming or wading which is
fully dug into the ground, including any decking or apron.
An establishment which provides a tattooing service to customers. May
include body piercing as an ancillary use. (Am. Ord. 946, passed 6-12015)
An event held for no more than seven (7) consecutive calendar days which
includes the sale of goods, merchandise, or products and also includes
other visual items to attract customers to the event which may include but
is not limited to balloons, blow up items, food vendors, etc. A permit shall
be required for this type of event. (Ord. 946, passed 6-1-2015)
Temporary Structure:
A tent or other temporary enclosure without a foundation or footings and
intended for use for a designated period of time.
Temporary Use:
A use established for a fixed period of time with the intent to discontinue
such use upon the expiration of the time period.
Tract:
An area, parcel, site, piece of land, or property which is the subject of a
development application.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-26
Trailer:
A vehicle without motive power, designed for carrying property and for
being drawn by a motor vehicle.
Transitional Area:
(1)
An area in the process of changing from one use to another; and
(2)
An area which lies between two land uses of different intensities.
Transitional Shelter:
A community-based residential facility that provides short-term (120 days
or less) room and board in a supervised living environment and generally
integrated with counseling and rehabilitation services to assist in the
transition to self-sufficiency through the acquisition of a stable income and
permanent housing.
Transportation Plan:
That portion of the Village Comprehensive Plan providing and planning
for the present and future street and road system for the Village.
Trash Enclosure:
A fence or wall (with gate) that is designed to screen a refuse receptacle.
Truck Rental:
A vehicle rented without a driver and that is used and designed primarily
for the transportation of personal property and/or a trailer. (Ord. 930,
passed 11-3-2014)
Unified Control:
The combination of two (2) or more tracts of land, wherein each owner has
agreed that his or her tract shall be developed as part of a planned unit
development, and shall be subject to all control applicable to and adopted
for the planned unit development.
Use:
The purpose of activity for which the land, or building thereon, is
designed, arranged, or intended, or for which it is occupied or maintained.
Accessory Use:
A subordinate use which is clearly and customarily incidental to
the principal use of a building or premises and which is located on
the same lot as the principal building or use, except for such
accessory parking facilities as are specifically authorized to be
located elsewhere.
Institutional Use:
A non-profit or quasi-public use or institution such as a church,
library, public or private school, hospital, or municipally owned or
operated building, structure, or land used for public purpose.
Lawful Use:
The use of any building, structure, or land that conforms with all
of the regulations of this Ordinance or any amendment hereto, and
which conforms with all of the codes, ordinances, and other legal
requirements, as existing at the time of the enactment of this
Ordinance or any amendment hereto, for the structure or land that
is being considered.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-27
Permitted Use:
Any use which is or may be lawfully established in a particular
district or districts, provided it conforms with all requirements,
regulations, and when applicable, performance standards of this
Ordinance for the district in which such use is located. Permitted
uses are listed in the Permitted and Special Use Chart in Article
IV.
Principal Use:
The main use of land or buildings as distinguished from a
subordinate or accessory use.
Prohibited Use:
A use that is not permitted in a zoning district.
Special Use:
A use, either public or private, which because of its unique
characteristics, cannot be properly classified as a permitted use in
a particular district or districts. After due consideration, in each
case, of the impact of such use upon neighboring land and of the
public need for the particular use at the particular location, such
special use may or may not be granted, subject to the terms of this
Ordinance. Special uses are listed in the Permitted and Special
Use Chart in Article IV.
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. (Ord. 946, passed 6-1-2015)
Vacation:
The elimination of an easement or public right-of-way, typically illustrated
on a plat.
Variance:
Permission to depart from the terms of this Ordinance where such
departure will not be contrary to the public interest and where, owing to
conditions peculiar to the property a literal enforcement of this Article
would result in unnecessary and undue hardship.
Village Board:
Board of Trustees of the Village of Forsyth.
Village of Forsyth
Code of Ordinances:
The official rules and regulations for the Village of Forsyth, Illinois. (Ord.
946, passed 6-1-2015)
Warehouse:
A building used primarily for the storage of goods and materials.
Wetlands:
Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps,
marshes, and bogs.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-28
Wholesale Trade:
Establishments or places of business primarily engaged in: selling
merchandise to retailers as well as industrial, commercial, institutional, or
professional business users, or to other wholesalers; acting as agents or
brokers; and buying merchandise for, or selling merchandise to, such
individuals or companies.
Yard:
An open space on the same zoning lot with a building or structure,
unoccupied and unobstructed from its lowest level to the sky, except as
otherwise authorized by this Ordinance.
Corner Side Yard:
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. (Ord. 946,
passed 6-1-2015)
Front Yard:
The open space across the full
width of the lot extending from the
closest point of the front line of the
principal building to the front line
of the lot. On corner lots the front
yard shall face the shortest
dimension of the lot adjacent to the
street.
Rear Yard:
A yard extending along the full
width of the lot between the closest
point of the principal building and
the rear lot line.
Required Yard:
The open space between a lot line
and the buildable area within which
no structure will be located, except
as provided by this Ordinance.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Required Yard
Page 2-29
Side Yard:
The open space between the closest point of the principal building
and the side line of the lot and extending from the front line to the
rear line of the building.
Zoning Official:
The Zoning Official shall be the individual that has been, or shall be duly
appointed by the Village Board, who is in charge of the administration and
enforcement of this Ordinance.
Zoning District:
A specifically delineated land area within the incorporated area of the
Village of Forsyth, as specified on the Zoning Map, within which
regulations and requirements uniformly govern the use, placement,
spacing, and size of land and buildings.
Zoning Letter:
A letter issued by the Zoning Official that verifies compliance with the
Development Ordinance for uses or projects that do not require a building
permit.
Forsyth Development Ordinance – Article II – Rules and Definitions – 8/9/2013
Page 2-30
ARTICLE III
GENERAL PROVISIONS
GENERAL PROVISIONS ................................................................................................................3-1
3.1
INTERPRETATION OF REGULATIONS..........................................................................3-1
3.2
SCOPE OF REGULATIONS................................................................................................3-1
3.3
SPECIAL USES.....................................................................................................................3-2
3.4
AGRICULTURE AS A PERMITTED USE ........................................................................3-2
3.5
ACCESSORY STRUCTURES AND USES ........................................................................3-2
3.6
TEMPORARY BUILDINGS, STRUCTURES, AND USES OF LAND ...........................3-3
3.7
CONTROL OVER USE ........................................................................................................3-3
3.8
BUILDING HEIGHT ............................................................................................................3-4
3.9
YARDS ..................................................................................................................................3-4
3.10 PERMITTED OBSTRUCTIONS, YARDS .........................................................................3-4
3.11 NUMBER OF BUILDINGS ON A LOT..............................................................................3-5
3.12 HOME OCCUPATIONS ......................................................................................................3-5
3.13 FENCES .................................................................................................................................3-7
3.14 SWIMMING POOLS & HOT TUBS ...................................................................................3-8
3.15 ACCESS TO PUBLIC STREETS ........................................................................................3-9
3.16 BUFFERING/SCREEN PLANTINGS ...............................................................................3-10
3.17 SMALL WIND ENERGY SYSTEMS ...............................................................................3-10
3.18 SOLAR ENERGY SYSTEMS............................................................................................3-11
3.19 MEDICAL CANNABIS CULTIVATION AND DISPENSARIES ..................................3-12
3.1
3.2
INTERPRETATION OF REGULATIONS:
A.
Minimum requirements. The provisions of this Ordinance shall be held to be the
minimum requirements for the promotion of the public health, safety, morals and welfare.
B.
Conflict with other Village regulations. If a provision of this ordinance is inconsistent
with another provision of this ordinance, or is inconsistent with another municipal code
provision, the provision that imposes greater control on development shall apply.
C.
Conflict with private agreements or easements. This Ordinance is not intended to
supersede any easement, covenant or other private agreement; provided that where the
regulations of this Ordinance are more restrictive, or impose higher standards the
requirements of this Ordinance shall govern.
SCOPE OF REGULATIONS:
A.
No building or other structure shall be erected, altered or enlarged and no use of land shall
be established or enlarged for any use except a use that is named in the list of permitted
uses for the zoning district in which the building, structure or land is, or will be located.
There shall be two (2) exceptions to this requirement:
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-1
B.
3.3
(1)
Uses lawfully established prior to the effective date of this Ordinance may be
continued, subject to the conditions and restrictions contained in Article VIII,
NON-CONFORMITIES, of this Ordinance.
(2)
Special uses may be allowed, but only in accordance with this ordinance.
The uses permitted in each zoning district are listed in Article IV, DISTRICT
REGULATIONS.
SPECIAL USES:
In each zoning district, certain listed uses may be permitted only if a special use permit is secured
in accordance with the provisions and procedures of Article IX. The special uses which may be
allowed in each zoning district are set out in Article IV, DISTRICT REGULATIONS. No
listed special use shall be considered an accessory use to any other permitted or special use, and a
permit shall be required for each separate special use.
3.4
AGRICULTURE AS A PERMITTED USE:
3.5
ACCESSORY STRUCTURES AND USES:
Farming shall be permitted in any zoning district, although the raising or keeping of livestock or
poultry shall not be permitted in Residential Districts R-1, R-2 and R-3. Dwelling units which are
accessory to the farming uses shall also be permitted provided, however, that the occupants of the
dwellings are engaged in agricultural activities on the premises as their principal means of
livelihood, or are for the immediate family (such as parents, children, grandchildren) of the
owners of the farm when such owner's principle residence is on the farm, provided, however, that
the original farm residence can be rented to non-farm workers if the owners have moved from the
property.
A.
All accessory uses shall comply with the standards of the district in which they are located.
No accessory use or structure shall be established or erected prior to the establishment or
erection of the principal use to which it is accessory. No existing accessory use may be
expanded or extended except in compliance with all of the regulations of this Ordinance.
B.
Where an accessory building is structurally attached to a principal building, it shall be
subject to, and must conform to, all regulations of this Ordinance applicable to the principal
building.
C.
Permitted accessory uses are listed for each district in Article IV, 4.8 Permitted and Special
Use Chart. (Am. Ord. 946, passed 6-1-2015)
D.
No accessory building or structure shall encroach upon that side yard of a corner lot which
is adjacent to the street, nor upon the rear yard of a through lot, nor upon the front yard of
any lot.
E.
No accessory building or structure shall exceed the height of one (1) story or fifteen (15)
feet.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-2
3.6
3.7
F.
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: Original
Town District, where they may be placed
at the property line. (Am. Ord. 945,
passed 6-1-2015)
G.
Detached garages and carports accessory
to single-family dwellings shall not
exceed thirty percent (30%) of the rear
yard area. All other detached accessory
uses except in-ground swimming pools
shall not exceed ten percent (10%) of the
rear yard area. The total of all accessory
buildings (including in-ground swimming
pools) shall not exceed thirty percent
(30%) of the rear yard area. Exceptions to
these standards shall be permitted
pursuant to the issuance of a Special Use
Permit. (Am. Ord. 946, passed 6-1-2015)
H.
Driveways in residential zoning districts
may be located no closer than 3’ from a
side property line. However, in cul-de-sac
locations the Zoning Official may allow
for a reduced driveway setback based on the
lot, adjacent development, and site layout.
(Am. Ord. 946, passed 6-1-2015)
Accessory Structure Coverage
TEMPORARY BUILDINGS, STRUCTURES, AND USES OF LAND:
A.
The Village Board may authorize the temporary use of a building, structure or parcel of
land in any zoning district for a building, structure or use of land that does not conform to
regulations prescribed elsewhere in this Ordinance for the zoning district in which it is
located, provided however, that such use is of a temporary nature.
B.
Such uses shall be granted for a specified period of time and shall be subject to such
conditions as the Village Board determines to be necessary for the safeguarding of the
public health, safety, and general welfare.
CONTROL OVER USE:
No building or premises shall hereafter be used or occupied, and no building or structure, or part
thereof, shall be erected, raised, moved, reconstructed, extended, enlarged, or altered, except in
conformity with the regulations herein specified for the district in which it is located.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-3
3.8
3.9
BUILDING HEIGHT:
A.
Height limitations shall be as set forth under each zoning district for all buildings, structures
and uses of land.
B.
Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples,
parapet walls, water towers and similar structures and necessary mechanical appurtenances
may be erected to their customary height. However, any appurtenance extension above 1.5
times the permitted height allowed in the zoning district shall require a variance (as an
example, a church steeple in an R-1 zone could be up to 52.5’ by right.
YARDS:
A.
General – No lot shall be reduced in area so that the yards or other open spaces become
less than required by this Ordinance.
B.
Front Yard – Where the street is curved the line shall follow the curve of the street rather
than to be a straight line.
C.
Double-Frontage Lots – Double frontage lots shall not be allowed, except where lots back
up to a major roadway. In such instances, vehicular access between the lots and the primary
thoroughfare shall be prohibited.
3.10 PERMITTED OBSTRUCTIONS, YARDS:
For the purpose of this Ordinance, the following in addition to permitted accessory structures,
shall be considered permitted obstructions in the required yards. No obstructions are allowed in
any easements unless specifically permitted by the easement provisions.
Projection, Obstruction, or Accessory Use with Limitations
(*) indicates a permit is not required
Air conditioners (Window units), which project not more than
eighteen (18) inches into the required yard (*)
Yard
Front
Rear
Side
Corner
Side
X
X
X
X
X
X
Air conditioners which extend less than five (5) feet into the
required yard
Arbors and trellises
X
Awnings and Canopies
Basketball goal provided at least five (5) feet from all property lines
(*)
X
X
X
X
X
X
X
X
Balconies
Bay windows (one-story) which project three (3) feet or less into
the yard
Chimneys that project twenty-four (24) inches or less into the yard
X
X
X
X
X
X
Dish antennas - greater than thirty (30) inch diameter
X
Dish antennas - less than thirty (30) inch diameter (*)
X
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
X
X
X
X
Page 3-4
Projection, Obstruction, or Accessory Use with Limitations
(*) indicates a permit is not required
Yard
Front
Dog runs, enclosed, provided a minimum ten (10) feet to any
property line
Rear
Side
Corner
Side
X
Eaves and gutters which project three (3) feet or less into the yard
Fences or freestanding walls, subject to applicable height
restrictions
X
X
X
X
X
X
X
X
Flagpoles (*)
X
X
X
X
Generators
X
X
Laundry drying equipment (clothes lines) (*)
X
Off-street parking spaces, subject to standards and setbacks set
forth in Article VI - Off-Street Parking and Loading
X
X
X
X
Ramps for use by disabled persons (*)
X
X
X
X
Signs, approved freestanding
X
X
X
X
X
X
X
X
Sheds and storage buildings
Steps four (4) feet or less above grade
Swimming pools, private
Tennis courts provided not less than ten (10) feet from any
property line
Terraces (open), patios or decks not over three (3) feet above the
average level of the adjoining ground, provided they do not extend
more than five (5) feet into the minimum yard
Terraces (open), patios or decks not over three (3) feet above the
average level of the adjoining ground, provided they do not extend
more than fifteen (15) feet into the minimum yard
X
X
X
X
X
Trash dumpsters and/or garbage receptacles, provided not less
than ten (10) feet from any property line
X
X
X
X
X
3.11 NUMBER OF BUILDINGS ON A LOT:
Except as approved as a variance or as a part of a planned unit development, no more than one
principal building shall be located on a zoning lot.
3.12 HOME OCCUPATIONS:
A.
General – The standards for home occupations are intended to insure compatibility with
other permitted uses and the residential character of the neighborhood and to maintain the
subordinate and incidental status of the home occupation.
B.
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:
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-5
C.
(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 below shall require Board of Trustee approval before being allowed as
a permitted home occupation. (Am. Ord. 951, passed 7-6-2015)
(a)
Before the Board of Trustees review the home occupation request, 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. (Am. Ord. 2016-9, passed 5-2-2016)
(b)
The Village shall cause notice of the home occupation request to the Board
of Trustees to be mailed to property owners at the addresses identified not
less than (10) days before the Board of Trustee Meeting.
(Am. Ord. 2016-9, passed 5-2-2016)
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)
Educational teacher or tutor, provided that the instruction shall be limited to five or
less pupils at a time. (Am. Ord. 951, passed 7-6-2015)
(5)
Artists, photographers, sculptors, or authors.
(6)
Planners, architects, attorneys, engineers, realtors, insurance agents, brokers, and
members of similar professions.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-6
D.
(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. (Am. Ord. 951, passed 7-6-2015)
Prohibited Home Occupations:
(1)
Animal hospitals.
(2)
Clinics or hospitals including physicians, dentists, or other licensed medical
practitioners. (Am. Ord. 2016-9, passed 5-2-2016)
(3)
Commercial boarding stables or kennels.
(4)
Dancing schools, except where permitted above.
(5)
General Retail Sales. (Am. Ord. 951, passed 7-6-2015)
(6)
Mortuaries.
(7)
Nursery schools.
(8)
Private clubs.
(9)
Renting of trailers.
(10)
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. (Am. Ord. 951,
passed 7-6-2015)
(13)
Welding. (Am. Ord. 951, passed 7-6-2015)
3.13 FENCES:
Fences are a permitted accessory use in all yards subject to the following:
A.
No fence in excess of three (3) feet in height nor a chain-link fence shall be permitted in
any required front yard.
B.
No fence in a residential district shall exceed 6'6" in height.
C.
Fences along rear lot line, when adjacent to a major roadway or collector street, shall be
dark vinyl clad chain link fences not to exceed seven (7) feet in height.
D.
Where there are exposed structural elements on a fence adjacent to a residentially zoned
property, the supports shall be exposed on the side of the fence of the property on which it
is located.
E.
No barbed wire fence will be permitted in a residential zoning district except by permission
of the Village Board.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-7
3.14 SWIMMING POOLS & HOT TUBS:
No private swimming pool or hot tub shall be allowed in any commercial or residential district,
except as an accessory use and unless it complies with all other applicable Village regulations.
Private swimming pools or hot tubs shall not be located in a required front yard.
A.
Enclosure. Every person owning land within the Village of Forsyth on which there is
presently situated an above or below ground swimming pool or hot tub, or who contracts
such a swimming pool or hot tub which is designed to contain 24 inches or more of water
in depth at any point, shall erect and maintain thereon as adequate enclosure either
surrounding the property or pool area, sufficient to make such body of water inaccessible to
small children. Such enclosure, including gates therein, shall be not less than 4 feet above
the underlying ground. All gates shall be self-closing and self-latching with latches placed
4 feet above the underlying ground and otherwise made inaccessible from the outside to
small children. When an above ground pool is used as a barrier or where the barrier is
mounted on top of the pool structure, and the means of access is a fixed or removable
ladder or steps, the ladder or steps shall be surrounded by a four (4’) foot fence with selflatching gate as noted above. A removable ladder shall not constitute an acceptable
alternative to enclosure requirements. (65 ILCS 5/11/-30-9 and 2006 International
Residential Code).
B.
Substitution.
(1)
Swimming Pools. For swimming pools a natural barrier, hedge, pool cover or
other protective device approved by the Zoning Official 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, hereof and a written request for such deviation
shall be submitted to the Zoning Official. (Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-8
(2)
C.
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 above. (Am. Ord. 946, passed 61-2015)
Permit Required. No swimming pool as herein defined shall be constructed after the
effective date of this ordinance without first having obtained an approved construction
permit from the Village.
3.15 ACCESS TO PUBLIC STREETS:
Each zoning lot shall have direct access to a public or private street or roadway in accordance
with the following regulations:
A.
B.
General:
(1)
The access control standards contained in this section are intended to promote safe
and efficient operation of driveway approaches and to minimize vehicular delays
and accidents.
(2)
Each required off-street parking space shall open directly upon an all-weather, hard
surfaced aisle or driveway of such width and design as to provide safe and efficient
means of vehicular access to such parking space. Such driveway and driveway
approach must be maintained as an all-weather hard surface material.
Corner Clearance:
(1)
Minimum separation of a driveway approach from an adjacent intersecting street
shall be forty (40) feet from the centerline of the driveway approach to the nearest
right-of-way line of the intersecting street.
(2)
Minimum separation of a driveway from an intersection of a major street with a
collector shall be the greater of:
(a)
Two hundred (200) feet on the major street, and one-hundred fifty (150)
feet on the collector unless a shorter distance has specifically been
authorized by IDOT along U.S. Route 51; or
(b)
The length of a full left-turn storage and taper, whichever is greater.
C.
Property Line Clearance – Driveway approaches shall be located so that the required
curb-return lies entirely within the property lines (extended) of the zoning lot served by the
driveway approach unless the driveway is being shared with the adjacent zoning lot.
D.
Vision Clearance, Corner Lots – No obstruction to the vision of persons using streets,
sidewalks or driveways, and no building or structure hereafter erected, other than fences
meeting the requirements of this Ordinance shall be located in any of the following areas:
(1)
In any residence district, within a triangular area formed by the street property lines
and a line connecting points on the street property lines located 35 feet from the
street property line intersections.
(2)
In any business district within ten (10) feet of the intersecting right-of-way lines
bordering a corner lot.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-9
3.16 BUFFERING/SCREEN PLANTINGS:
These provisions apply when a use is established in a more intensive zoning district adjacent to a
pre-existing residential district. When this occurs, the more intensive use shall provide a buffer
yard and screening subject to the provisions stated below. Such screening may be accomplished
through the provision of landscaped berms, evergreen trees or similarly approved trees, fences,
walls, or a combination of these methods, as approved by the Village during the site plan review
process or preliminary and final plan and/or plat review process.
A.
A minimum twenty-five (25) foot wide buffer yard is required around the side and/or rear
property lines of a more intensive use which abuts a pre-existing less intensive use. The
various screening methods listed above shall be the only items allowed to be placed within
this required buffer yard with the exception of other landscaping items that serve as
aesthetic purposes for a site.
B.
Required screening shall be a minimum of five (5) feet in height at installation.
C.
The placement of a screen shall not impair the safety of pedestrian or vehicular traffic.
D.
Screening shall maintain a year round opacity not less than seventy-five (75) percent.
E.
Where screening is required, a landscape plan shall be submitted with the site plan or
preliminary and final plan and/or plat of subdivision, and shall show:
(1)
Location, design, and dimensions of proposed fencing, if any.
(2)
Location, species, size and quantity, of proposed tree plantings.
(3)
Contours of proposed berms, if any.
(4)
Limits of seed or sod, and identification of groundcovers, if any.
F.
Landscape plantings shall be kept alive and in good condition, or replaced. Any property
owner that does not maintain required screening in accordance with approved plans shall be
subject to fines as described in Article IX, Section 9.16 of this Ordinance.
G.
Screening shall be incorporated into a landscape plan prepared for the project, and shall
require review and recommendation of approval by the Village.
(Am. Ord. 951, passed 7-6-2015)
3.17 SMALL WIND ENERGY SYSTEMS:
A.
Special Use Required. Any small wind energy system shall require a special use permit
(see Section 9.12 for Special Use procedures). (Am. Ord. 946, passed 6-1-2015)
B.
Standards. Any small wind energy system shall meet the following standards unless
modified through a condition(s) attached to the ordinance approving the special use.
(1)
Roof-mounted small wind energy systems shall not exceed fifteen (15) feet in
height above the elevation of the roof installation point, measured from the point of
attachment to the top of the turbine blade at its highest point. Small wind energy
systems shall be located no closer than ten (10) feet from an adjacent property line.
(2)
Freestanding small wind energy system shall be set back a distance equal to one
hundred ten (110) percent of the combined height of the tower plus the length to
the tip of the blade from all adjacent property lines. Additionally, no portion of the
small wind energy system, including guy wire anchors, may extend closer than ten
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-10
(10) feet to the property line. The wind energy system shall maintain a circular
clear zone that has a radius which is equivalent to one hundred and ten (110)
percent of the combined distance of the tower height plus the length to the tip of
the blade. This clear zone shall be maintained free of any occupied structures, tanks
containing combustible/ flammable liquids, and above ground utility/electrical
lines.
(3)
Small wind energy systems shall have a non-reflective finish and shall be neutral in
color. Small wind energy systems shall not be artificially lighted.
(4)
A building permit shall be required prior to erecting any small wind energy system.
Mounting for such systems shall be in conformance with all electrical codes and
building codes to ensure wind and weight loading requirements are met. Plans shall
be stamped by a licensed structural engineer, and inspected by a qualified inspector
for such installations.
(5)
An emergency direct current disconnect switch shall be provided in an accessible
location near the electric meter to shut off such system in the event of an
emergency.
(6)
Small wind energy systems shall have a governor installed to regulate and limit the
speed of the turbine in high wind events.
(7)
Small wind energy systems not in service for a period of one hundred eighty (180)
days shall be removed and the property on which it is located restored to its
original condition within thirty (30) days.
(8)
Small wind energy systems shall be primarily used to generate energy for the
property where it is located.
3.18 SOLAR ENERGY SYSTEMS:
A.
Solar panels shall be permitted on any roof in any zoning district as permitted accessory
uses. No freestanding panels shall be allowed in any residential zoning district.
B.
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
C 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. (Am. Ord. 946, passed 6-1-2015)
C.
Solar shingles shall be permitted to cover any amount of a roof without the location
limitation in Section B 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. (Am. Ord. 946, passed 6-1-2015)
D.
All frame and visible structural parts of a solar panel shall match the roof color. No solar
panel shall be artificially lighted.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-11
E.
A building permit shall be required prior to erecting any solar panel. Mounting for such
systems shall be in conformance with all electrical codes and building codes to ensure wind
and weight loading requirements are met. Plans shall be stamped by a licensed structural
engineer and by a qualified inspector for such installation.
F.
Solar panels shall not be permitted in any location other than the surface of the roof of the
structure, unless otherwise specified in the subject zoning district.
G.
Solar panels not in service for a period of one hundred eighty (180) days shall be removed
and the property on which it is located restored to its original condition within thirty (30)
days.
H.
Solar panels shall be primarily used to generate energy for the property where it is located.
3.19 MEDICAL CANNABIS CULTIVATION AND DISPENSARIES:
A.
Purpose and Applicability. It is the intent and purpose of this Section to provide
regulations regarding the cultivation and dispensing of medical cannabis occurring within
the corporate limits of the Village of Forsyth.
B.
Procedure. Medical Cannabis Dispensing Organizations shall be a special use in the “B”,
“C-1”, and “C-2” Zoning Districts and processed in accordance with the provisions of
Section 9.12 of the Development Ordinance and this article. No Medical Cannabis
Dispensing Organization shall be opened or operated unless specifically authorized under
and pursuant of the Act and this Development Ordinance.
C.
Medical Cannabis Dispensing Organization Components. In determining compliance
with Section 9.12 of this Development Ordinance, the following components of the
Medical Cannabis Dispensing Organization shall be evaluated based on the entirety of the
circumstances affecting the particular property in the context of the existing and intended
future use of other properties in the vicinity:
(1)
Impact of the proposed facility on existing or planned uses located within the
vicinity of the subject property.
(2)
Proposed structure in which the facility will be located, total square footage,
security installations/security plan, and building code compliance.
(3)
Hours of operation and anticipated number of customers/employees.
(4)
Anticipated parking demand based and available private parking supply.
(5)
Traffic generation and adjacent roadway capacity.
(6)
Site design, including access points, internal site circulation, and commercial
vehicle loading, unloading, and parking.
(7)
Proposed signage plan.
(8)
Compliance with all requirements provided in Section 3.19 D (Medical Cannabis
Dispensing Organization).
(9)
Other criteria determined to be necessary to assess compliance with Section 9.12 of
the Development Ordinance.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-12
D.
Medical Cannabis Dispensing Organization. In those zoning districts in which a
Medical Cannabis Dispensing Organization may be located, the proposed facility must
comply with the following:
(1)
The Facility may not be located within 1,000 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school,
day care center, day care home, residential care home, or public park.
(2)
The Facility may not be located in a house, apartment, condominium, or an area
zoned exclusively for a residential use.
(3)
The Facility may not have drive-thru service.
(4)
The Facility must be a free standing structure not occupied by any other business or
tenant, or used for any other purpose other than a Medical Cannabis Dispensing
Organization.
(5)
Retail sales occurring within said facility shall be accessory to the facility’s
intended use as a dispensing organization and shall not occupy greater than: 10%
of the total square footage of the facility. For purposes of calculating the total
square footage dedicated to retail sales, that portion of the floor area dedicated to
the distribution of medical cannabis or medical cannabis infused products shall be
excluded from this calculation; all floor area dedicated to the sale of other medical
cannabis products and/or paraphernalia shall be included.
(6)
For purposes of determining required parking, said facilities shall be classified as a
“Medical Office/Clinic” per Section 6.5 of the Development Ordinance except that
the number shall be calculated based on Medical Cannabis Dispensing
Organization Agents working on the property, provided, however, that the Village
may require the additional parking be provided as a result of the analysis
completed as provided by the Development Ordinance.
E.
Additional Requirements for Dispensing Organizations. Petitioner shall install building
enhancements, such as security cameras, lighting, or other improvements, as needed or at
the request of the Village, to ensure the safety of employees and customers of the Medical
Cannabis Dispensing Organization. Said improvements may be required by the Village in
excess of those security measures required by the Act.
F.
Medical Cannabis Cultivation Center. A Medical Cannabis Cultivation Center may only
be located within an “I-1” or “I-2” Zoning District and processed in accordance with the
provisions of Section 9.12 of the Development Ordinance and this article. No Medical
cannabis Cultivation Center shall be opened or operated unless specifically authorized
under and pursuant to the Act and this Development Ordinance.
G.
Medical Cannabis Cultivation Center Components. In determining compliance with
Section 9.12 of this Development Ordinance, the following components of the Medical
Cannabis Cultivation Center shall be evaluated based on the entirety of the circumstances
affecting the particular property in the context of the existing and intended future use of
other properties in the vicinity:
(1)
Impact of the proposed facility on existing or planned uses located within the
vicinity of the subject property.
(2)
Proposed structure in which the facility will be located, total square footage,
security installations/security plan, and building code compliance.
(3)
Hours of operation and anticipated number of employees.
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-13
H.
(4)
Anticipated parking demand based and available private parking supply.
(5)
Traffic generation and adjacent roadway capacity.
(6)
Site design, including access points, internal site circulation, and commercial
vehicle loading, unloading, and parking.
(7)
Proposed signage plan.
(8)
Other criteria determined to be necessary to assess compliance with Section 9.12 of
the Development Ordinance.
Additional Requirements for Cultivation Centers. Petitioner shall install building
enhancements, such as security cameras, lighting, or other improvements, as needed or at
the request of the Village, to ensure the safety of employees of the Medical Cannabis
Cultivation center. Said improvements may be required by the Village in excess of those
security measures required by the Act. It shall be unlawful to locate or operate a Medical
Cannabis Cultivation Center within 2,500 feet of the property line of a pre-existing public
or private preschool or elementary or secondary school or day care center, day care home,
group day care home, part day child care facility, or an area zoned exclusively for
residential use or in any residential, commercial, business, cemetery, or open space
recreation zoning district in the Village of Forsyth.
(Ord. 933, passed 12-1-2014)
Forsyth Development Ordinance – Article III – General Provisions – 8/9/2013
Page 3-14
ARTICLE IV
DISTRICT REGULATIONS
DISTRICT REGULATIONS.............................................................................................................4-1
4.1
ZONING MAP ......................................................................................................................4-1
4.2
BOUNDARIES AND MINIMUM AREAS .........................................................................4-1
4.3
ANNEXED TERRITORY ....................................................................................................4-2
4.4
GENERAL PROVISIONS FOR ALL RESIDENTIAL USES............................................4-2
4.5
PURPOSE, USE, AND BULK REQUIREMENTS FOR RESIDENTIAL
DISTRICTS ...........................................................................................................................4-2
4.6
GENERAL PROVISIONS FOR ALL NON-RESIDENTIAL AND R-3 USES ................4-3
4.7
PURPOSE, USE, AND BULK REQUIREMENTS FOR NON-RESIDENTIAL
DISTRICTS ...........................................................................................................................4-8
4.8
PERMITTED AND SPECIAL USE CHART ....................................................................4-10
4.9
SETBACK AND BULK CHART.......................................................................................4-16
4.1
4.2
ZONING MAP:
A.
The boundaries of the districts are shown upon the map designated as the "Zoning Map".
The Zoning Map and all notations, references and other information shown thereon are a
part of this Ordinance and have the same force and effect as if the Zoning Map and all the
notations, references and other information shown thereon were all fully set forth or
described herein. The original Zoning Map is properly attested and is on file with the
Village Clerk of the Village of Forsyth, Illinois.
B.
Whenever any street, alley or other public way is vacated by official action of the Village
Board, the zoning district adjoining each side of such street, alley or public way shall be
automatically extended to the center of such vacation, and all area included in the vacation
shall then and henceforth be subject to all appropriate regulations of the extended districts.
C.
Where the districts designated on the Zoning Map are bounded approximately by street or
alley lines, the centerline of the street or alley shall be construed to be the boundary of the
district.
D.
Where the district boundaries are not otherwise indicated, and where the property has been
divided into blocks and lots of record, the district boundaries shall be construed to be the lot
lines of the Lots of Record.
E.
In unsubdivided property, the district boundary lines shall be determined as reflected in the
dimensions appearing on the Zoning Map.
BOUNDARIES AND MINIMUM AREAS:
Where uncertainty exists with respect to the boundaries of the various districts as shown on the
Zoning Map District boundaries shall be either the centerlines of rights-of-way for railroads,
highways, streets, alleys or easements, and waterways, or the boundary lines of sections, quartersections, divisions of sections, tracts or lots (or such extended), unless otherwise indicated.
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-1
4.3
ANNEXED TERRITORY:
4.4
GENERAL PROVISIONS FOR ALL RESIDENTIAL USES:
All territory which is annexed to the Village shall be automatically classified in the R-E Single
Family Estate Residential District upon annexation, unless otherwise classified by amendment.
A.
Applicability – The following standards shall apply to all residential land uses when there
are applications for building permits, rezoning, special use permits and planned unit
developments unless otherwise approved by the Village Board. The residence districts
include the following:





B.
4.5
R-E: Single Family Estate Residence District
R-1: Single Family Residence District
OT: Original Town District (Am. Ord. 945, passed 6-1-2015)
R-2: Multiple-Family Residence District
R-3: Multiple-Family Residence District
Standards of Development:
(1)
Setback, Bulk and Sign Regulations – Principal and accessory buildings and
structures shall comply with yard and setback requirements; floor area and height
limitations; and sign regulations, applicable to the District in which the use is
located. Setback and bulk regulations for all use districts are summarized in the
Setback and Bulk Chart in Section 4.9.
(2)
Residential Projects with Multiple Housing Units in One or More Structures –
Residential projects such as multi-unit or multi-structure apartment, townhome, or
condominium developments shall comply with the standards outlined in Section
4.6 for elements relating to vehicular access, pedestrian access, off-street parking,
screening,
landscaping,
lighting,
mechanical
equipment,
utility
meters/transformers, and trash enclosures.
(3)
Permitted, Permitted Accessory, and Special Uses – The residence districts shall
comply with the permitted, permitted accessory, and special uses summarized in
the Permitted and Special Use Chart in Section 4.8.
PURPOSE, USE, AND BULK REQUIREMENTS FOR RESIDENTIAL
DISTRICTS:
A.
Purpose – The purpose of each residential district is as follows:
(1)
The R-E: Single Family Estate Residence District provides for estate singlefamily areas with lots containing a minimum of 20,000 square feet and to permit
other uses identified herein which are compatible with the single-family
neighborhood character.
(2)
The R-1: Single Family Residence District provides for single-family areas with
lots containing a minimum of 7,500 square feet and to permit other uses identified
herein which are compatible with the single-family neighborhood character.
(3)
The OT: Original Town District is designed to address the unique issues with
older single-family lots in the Village which were developed prior to current lot
size requirements. (Am. Ord. 945, passed 6-1-2015)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-2
4.6
(4)
The R-2: Multiple-Family Residence District provides low density multiple
family living areas, including townhomes and multiplex structures. Dwellings may
include attached single family units with four dwelling units per building or less in
addition to detached single-family.
(5)
The R-3: Multiple-Family Residence District provides areas for the development
of residential dwellings. Dwelling units could include attached single-family units
with 6 dwelling units or less per building, multiple family apartments with 12
dwelling units or less per building, in addition to detached single family dwelling
units. Projects shall be processed as Planned Unit Developments when there is a
mix of two or more dwelling unit types, or the request contains buildings with
more than the permitted number of dwelling units. These areas should have access
to streets, classified as a major or collector roadway by the Subdivision Ordinance,
and be located in proximity to open space, shopping and employment
opportunities.
B.
Permitted Uses – See Permitted and Special Use Chart in Section 4.8
C.
Permitted Accessory Uses – See Permitted and Special Use Chart in Section 4.8
D.
Special Uses – See Permitted and Special Use Chart in Section 4.8
E.
Lot Size – See Setback and Bulk Chart in Section 4.9
F.
Yard and Setback Regulations – See Setback and Bulk Chart in Section 4.9
G.
Structure Height – See Setback and Bulk Chart in Section 4.9
GENERAL PROVISIONS FOR ALL NON-RESIDENTIAL, R-3, AND
PLANNED UNIT DEVELOPMENT USES:
A.
Applicability – The following standards shall apply to all non-residential, R-3, and Planned
Unit Developments with similar land uses when there are applications for building permits,
rezoning, special use permits and planned unit developments unless otherwise approved by
the Village Board.
B.
Process – Site development for all non-residential, R-3, and Planned Unit Developments
shall require Site Plan Review as described in Article IX, Section 9.14.
C.
Standards of Development:
(1)
Setback, Bulk and Sign Regulations -- Principal and accessory buildings and
structures shall comply with regulations applicable to the District in which the use
is located.
(2)
Vehicular Access -- Points of vehicular ingress and egress to the site shall be
limited to maximize the safety and operational efficiency of Forsyth's major and
collector roadways. (See Article 6.3 H(5))
(3)
Pedestrian Access:
(a)
Sidewalks, not less than five (5) feet wide, shall be provided along streets
and access drives to provide safe pedestrian access to and from Forsyth's
business and industrial districts. This includes providing sidewalks into
the site that connect with the public sidewalk.
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-3
(4)
(b)
Where parking is proposed to be located perpendicular to an adjacent
sidewalk, walks shall be increased to a minimum of six and one-half (6½)
feet in width.
(c)
Landscaped medians/islands, pavement markings, signage, etc. should be
used to create safe spaces for pedestrians and alert motorists of these
spaces.
Off-Street Parking and Loading:
(a)
Parking and loading spaces and drive aisles shall be provided in
accordance with Article VI, OFF-STREET PARKING AND
LOADING
(b)
Plans shall demonstrate compliance with the current Illinois Accessibility
Code and the Americans with Disabilities Act.
(c)
Parking, loading, and drive isles shall not be located in the required buffer
yard or landscape yard setback (See Articles 3.16 & 4.6 C(6)(f)). (Am.
Ord. 946, passed 6-1-2015)
(5)
Screening – Where a non-residential use abuts, or is across the street from a
residential or institutional use, screening shall be provided in accordance with the
standards established in Section 3.16 BUFFERING/SCREEN PLANTINGS.
(6)
Landscaping – A landscape plan, prepared by a licensed landscape architect, shall
be submitted for all projects involving sites in excess of one acre or new
construction in excess of 2,000 square feet. The plan shall be subject to review and
approval by the Village.
(a)
(b)
(c)
All areas of the site, which are not paved, shall be landscaped with trees,
shrubs, groundcover and/or flowers to:
(i)
Slow surface water runoff;
(ii)
Restrict blowing trash and litter;
(iii)
Deter improper access or site use by the public; and
(iv)
Improve the visual quality of the site.
The landscape plan shall include identification of species, size and location
of plant materials and all other landscape treatments including, but not
limited to:
(i)
Berms;
(ii)
Fences;
(iii)
Ground covers;
(iv)
Ornamental or accent lighting;
(v)
Paving materials; and
(vi)
Limits of seed and/or sod.
Trees and shrubs shall be keyed into a plant list.
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-4
(d)
(7)
Upon installation, trees shall not be less than the following sizes:
(i)
Shade: Three (3)-inch caliper, minimum, as measured twelve (12)
inches above grade;
(ii)
Evergreen: Six (6) feet tall, minimum;
(iii)
Ornamental: Six (6) feet tall, minimum, if multi-stem; Two and
one-half (2½) inches in caliper, minimum, if single-stem.
(e)
All plant materials shall be kept alive and in good condition or shall be
replaced.
(f)
Provision shall be made for perimeter landscaping through the use of plant
materials, unless otherwise recommended by the Planning and Zoning
Commission and approved by the Village Board. Such landscaping yard
setback shall include: (Am. Ord. 946, passed 6-1-2015)
(i)
The first thirty (30) feet of a front yard. Parking and parallel drive
aisles shall not be permitted in this minimum thirty (30) feet;
(ii)
The first ten (10) feet of a corner side yard unless the corner side
yard is along Hwy 51, then the minimum perimeter landscaping
area shall be the first thirty (30) feet of the corner side yard.
Parking and parallel drive aisles shall not be permitted in this
minimum area; (Am. Ord. 946, passed 6-1-2015)
(iii)
Shade and/or evergreen trees shall be installed in these yards, at a
ratio of not less than one (1) tree for every one hundred (100)
linear feet of perimeter yard. Trees may be informally clustered or
grouped, rather than equally spaced. (Am. Ord. 946, passed 6-12015)
Lighting:
(a)
Exterior lighting proposed for use on the site shall be planned, erected and
maintained so that light is confined to the property, and does not cause
direct glare or light spillage on adjacent properties or public rights-of-way.
The height of an exterior light fixture shall not exceed the predominant
height of the principal building to which it relates.
(b)
A point-by-point photometric plan shall be submitted for parking lots that
demonstrates:
(i)
Average-maintained illumination between one (1) and three (3)
footcandles
(ii)
Not more than 0.5 footcandles beyond property lines except within
30 feet of entrances/exits
(c)
Light fixtures shall be designed to aesthetically relate to the character of
the development. Light bulbs/sources shall primarily be metal halide or
LED. High pressure sodium lights are discouraged.
(d)
Plans for parking lot, security, landscape and other building accent lighting
shall be subject to review and approval by the Village.
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-5
(8)
(9)
(10)
(11)
Mechanical Equipment – All roof-mounted mechanical equipment including, but
not limited to, heating, ventilating and air-conditioning units (HVAC) shall be fully
screened from public view on all sides of the building:
(a)
Screening shall be accomplished by the roof-structure or parapet walls,
unless otherwise recommended by the Planning and Zoning Commission
and approved by the Village Board.
(b)
Screening shall be designed to blend with, and complement the
architecture of the building.
(c)
The height of the parapet walls, roof structure, or other approved method
of screening shall equal the height of the tallest roof-top unit installed on
the building.
(d)
For mechanical equipment located on the ground, landscaping, quality
wood fencing, or an enclosure of masonry construction shall be provided
to screen from public view. Such screening techniques shall, at minimum,
equal the height of the tallest piece of equipment.
Utility Meters/Transformers:
(a)
Wall-mounted utility meters and ground-supported transformers shall be
painted to match the building.
(b)
If visible to the public, meters and transformers shall be screened by
landscaping which, upon installation, shall, at minimum, equal the height
of the tallest meter or transformer.
Trash Enclosure:
(a)
Trash receptacles shall be enclosed by masonry walls or quality wood
fencing, designed to match the building.
(b)
Enclosures shall be constructed to be equal to or taller than the height of
the tallest bin proposed for use.
(c)
Trash enclosures shall be provided with gates to contain blowing trash, and
a concrete pad and approach apron.
Outdoor Storage:
(a)
(b)
All business, services, storage, merchandise display and processing shall
be conducted entirely within an enclosed building, with the exception of:
(i)
Off-street parking and loading areas;
(ii)
Open sales lots;
(iii)
Outdoor sales of products for automobile service stations provided
they are related to servicing motor vehicles.
All outdoor storage facilities for accessory uses and products shall be
enclosed by a fence, wall or plant materials adequate to conceal such
facilities from adjacent properties and public rights-of-way.
(Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-6
(12)
Outdoor Display:
(a)
Outdoor displays shall be permitted only as accessory uses on the same lot
as a permitted or special use, and shall not be operated as a separate
business.
(b)
Unless otherwise provided by this Code, outdoor display areas shall not be
located on any public or private right-of-way.
(c)
No outdoor display areas shall be located within fifty (50) feet of any
single-family residentially zoned district.
(d)
Outdoor display areas shall be limited to 50 percent of the gross floor area
of the primary building on the lot. Automobile dealers are exempt from
this percent limitation.
(e)
Where an outdoor display is located on a sidewalk and/or walkway, an
unobstructed portion of the sidewalk and/or walkway measuring not less
than three feet in width shall be continuously maintained for pedestrian
access and no point of access or egress from any building or any individual
unit within any building shall be blocked at any time.
(f)
Parking: Outdoor display areas may be located within existing parking
spaces but only if there are a sufficient number of other parking spaces
available to meet the minimum parking requirements of the use(s) on the
property as required in Section 6.5 of this ordinance. Outdoor display
areas shall not be located within handicapped-accessible parking spaces or
loading areas.
(g)
Outdoor display areas shall not be located in the required fire lanes as
designated by the Hickory Point Fire Protection District.
(h)
Setbacks: Outdoor display areas may be located in front of, on the side of,
or behind the primary building, but shall not encroach upon the required
minimum yard setbacks for the zoning district.
(i)
Impact on Visibility: No outdoor display shall be located in the required
vision clearance as regulated in Section 3.15 D of this ordinance.
(j)
All outdoor display areas must be maintained and displayed in a neat,
orderly and safe manner.
(k)
Any outdoor display that violates the provisions of this ordinance shall be
subject to the penalty as provided in Section 10.99 of the Village of
Forsyth Code of Ordinances.
(Am. Ord. 951, passed 7-6-2015)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-7
(13)
Temporary Outdoor Sales Event – An event held for no more than seven (7)
consecutive calendar days which includes the sale of goods, merchandise, or
products and also includes other visual items to attract customers to the event
which may include but is not limited to balloons, blow up items, food vendors, etc.
A permit shall be required for this type of event.
(a)
An application for a temporary outdoor sales event permit can be obtained
from the Village and shall include at a minimum a description of the
proposed sale event; a diagram of its location; information regarding hours
and duration of operation; and other information necessary to evaluate the
application.
(b)
The Zoning Official may authorize a temporary outdoor sales event only if
he/she determines that:
(c)
(i)
The use complies with other regulations within this Development
Ordinance, the Village of Forsyth Code of Ordinances, and any
state or federal regulation.
(ii)
The use will not impair the normal operation of a present or future
permanent use on the site.
(iii)
The use will be compatible with surrounding uses and will not
adversely affect the public health, safety, and welfare.
Temporary Outdoor Sales Event permits shall be applied for in
conjunction with an outdoor display or in combination with an itinerant
merchant application.
(Am. Ord. 946, passed 6-1-2015)
(14)
4.7
Permitted, Permitted Accessory, and Special Uses – The non-residential districts
shall comply with the permitted, permitted accessory, and special uses summarized
in the Permitted and Special Use Chart in Section 4.8.
PURPOSE, USE, AND BULK REQUIREMENTS FOR NON-RESIDENTIAL
DISTRICTS:
A.
Purpose – The purpose of each non-residential district is as follows:
(1)
The B: Neighborhood Business District provides areas for personal services and
convenience shopping for adjacent neighborhoods as well as the entire community.
(2)
The C-1: Commercial Service District is designed to allow for a wide range of
retail and service uses and to accommodate auto-oriented commercial activities.
(3)
The C-2: Commercial Service District is designed to allow larger business and
service and vehicle sales, storage and service uses.
(4)
The OR: Office-Research District includes general and professional offices,
corporate headquarters and product development and research activities. It is also
intended to permit low intensity service activities and the storage and distribution
of finished products as well as to permit civic and governmental structures in a
mutually compatible environment.
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-8
(5)
The I-1: Light Industrial District accommodates industrial, warehousing and
distribution, storage and sales activities where only a nominal amount of pollution
is created.
(6)
The I-2: Heavy Industrial District provides for uses permitted in the I-1 Light
Industrial District plus other more intensive uses so long as they do not exceed the
performance standards of Article X. Most of the uses, traditionally considered as
heavy industrial, will require a special use permit to assure that the public health,
safety and welfare, as well as the economic viability and environmental quality of
Forsyth, are protected.
(7)
The AG: Agricultural District is established as a zone in which agricultural and
certain related uses are allowed as the principal use of land.
B.
Permitted Uses – See Permitted and Special Use Chart in Section 4.8
C.
Permitted Accessory Uses – See Permitted and Special Use Chart in Section 4.8
D.
Special Uses – See Permitted and Special Use Chart in Section 4.8
E.
Lot Size – See Setback and Bulk Chart in Section 4.9
F.
Yard and Setback Regulations – See Setback and Bulk Chart in Section 4.9
G.
Structure Height – See Setback and Bulk Chart in Section 4.9
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-9
4.8
Use
PERMITTED AND SPECIAL USE CHART
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
P
P
S
P
S
P
S
P
S
S
-
S
-
-
-
-
-
-
-
P
P
S
S
-
-
-
-
-
-
-
P
P
S
-
-
-
-
-
-
-
-
-
P
S
S
-
-
-
-
Condominiums, with 12 dwelling units or less
-
-
-
-
P
S
S
-
-
-
-
Home Occupations (add’l regs.: Section 3.12)
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
S
-
S
S
S
S
S
S
S
S
-
S
S
S
S
S
S
-
-
-
S
P
P
P
P
P
S
S
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
-
-
P = Permitted Use A = Permitted Accessory Use
S = Special Use
Residential
Assisted Living
Single Family Detached Dwellings
Townhome, with up to six dwelling units per acre
if part of a planned unit development
(Am. Ord. 2016-3, passed 3-7-2016)
Duplex, Quadplex, or Multiplex, with up to six
dwelling units per acre if part of a planned unit
development
Apartments, with 12 dwelling units or less
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 946, passed 6-1-2015)
Buildings accessory to the principal use (add’l
regs.: Section 3.5) (Am. Ord. 946, passed 6-1-2015)
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 (add’l regs.: Section
3.5) (Am. Ord. 946, passed 6-1-2015)
Mobile Home
Group Housing
Senior Citizen Housing
Sheltered Care Housing
Religious/Institutional
Church, Synagogue, or Temple
(Am. Ord. 2016-3, passed 3-7-2016)
Convent, Monastery, Seminary, or Religious
Retreat
Elementary or Junior High School, Public or
Private
Local, Township, County, or Federal
Governmental Bldg (Am. Ord. 945, passed 6-1-2015)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-10
Use
P = Permitted Use A = Permitted Accessory Use
S = Special Use
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
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
-
-
-
-
-
-
-
-
P
P
P
P
P
P
S
-
S
-
-
-
-
-
-
-
P
P
-
-
-
S
S
S
S
S
S
S
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
S
S
S
S
S
P
P
P
S
P
P
P
P
P
P
P
P
P
-
P
-
P
-
S
P
-
Recreational/Civic
Amphitheater
Auditorium/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
(Am. Ord. 946, passed 6-1-2015)
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) (Am. Ord. 946, passed 6-1-2015)
Theater (drive-in) (Am. Ord. 946, passed 6-1-2015)
Vegetable or flower garden
Water Park
Business and Service Uses
Adult Business Uses
Amusement Facility
Art Gallery
Banks and Financial Institutions
Beauty Parlor/Barber Shop/Hair Salon
Bed and Breakfast (Am. Ord. 2016-3, passed 3-7-2016)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-11
Use
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
-
-
-
-
-
-
-
P
-
P
P
Cabinet Making, under 2,000 sq. ft. in size
Catering Services
Commercial School or Dancing/Music School
Convenience Store
Currency Exchange
Day Care Center/Nursery School
Day Care Home
Drug Store or Pharmacy
Dry Cleaner
Electrical or Similar Retail Sales, Service, or
Repair
Fairgrounds
Farm and Garden Supply
Florist
Food Sales (Ord. 946, passed 6-1-2015)
Frozen Food Locker
Funeral Parlor (Mortuary)
Greenhouse/Nursery Retail Sales, min. 1-acre lot
Grocery Store
Gun Shop
Hardware Store
Interior Decorating
Laundromat
Locksmith
Massage Therapy
Meat Market/Butcher
Microbrewery (Am. Ord. 2016-3, passed 3-7-2016)
Office Supply Store
Outdoor Display (add’l regs.: Section 4.6 C(12))
S
P
-
S
P
-
S
P
-
S
P
-
S
P
-
P
P
P
P
P
S
P
P
P
P
P
P
P
S
P
P
P
P
P
P
P
S
P
P
S
-
S
-
S
-
S
-
-
-
-
P
P
P
-
P
P
S
S
-
S
-
S
-
S
-
S
-
P
P
P
S
P
P
P
P
P
S
P
S
P
S
S
P
P
P
S
P
S
P
P
P
P
S
P
P
P
S
P
P
P
S
P
S
P
S
P
P
P
P
S
P
P
P
S
S
S
S
P
P
P
S
S
-
P
P
S
-
-
-
-
-
-
A
A
A
-
-
-
Pawn Shop
Payday or Title Loan Agency
Pet Store/Grooming
Pet Wash
Photography Studio
Printing Shop
Psychics and/or Fortune Tellers
Race Track, vehicular, horse, dog
Repair Shop, including appliances
-
-
-
-
-
P
P
P
P
P
S
P
P
S
P
P
P
P
P
S
P
P
S
-
S
S
S
P
S
S
S
P
P = Permitted Use A = Permitted Accessory Use
S = Special Use
Building Materials, Storage, Warehousing, and
Retail Sales
(Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-12
Use
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
-
-
-
-
-
P
P
P
P
-
-
-
-
-
-
-
S
P
P
S
-
-
-
-
-
-
-
P
P
P
-
-
-
-
-
-
-
-
-
S
P
S
-
-
-
-
-
-
-
P
P
P
-
P
P
-
-
-
-
-
P
P
P
P
P
P
P
P
P
-
-
-
-
-
-
-
-
-
-
-
-
S
S
-
-
-
-
-
P
P
P
P
P
S
P
P
P
S
P
P
S
-
-
-
Automobile Rental (Am. Ord. 2016-3, passed 3-7-2016)
Automobile Display and Sales (new/used)
-
-
-
-
-
-
P
P
-
P
P
-
-
-
-
-
-
P
P
-
P
P
Automobile School
Automobile Storage Lot
-
-
-
-
-
-
P
P
-
-
-
-
-
-
-
-
-
-
P
-
P
P
-
-
-
-
-
-
S
P
-
P
P
Boat Dealer/Repair
-
-
-
-
-
-
-
P
-
P
P
Camper/RV Sales and Service
-
-
-
-
-
-
-
P
-
P
P
Car Wash (automatic and manual)
-
-
-
-
-
-
S
P
-
P
P
Farm Implement Display, Sales, or Service
-
-
-
-
-
-
-
P
-
P
P
Motorcycle Sales and Service
-
-
-
-
-
-
P
P
-
P
P
Oil Change Shop (Am. Ord. 2016-3, passed 3-7-2016)
Repair (Engine, Body, Gas Station)
-
-
-
-
-
-
S
P
-
P
P
-
-
-
-
-
-
-
P
-
P
P
P = Permitted Use A = Permitted Accessory Use
S = Special Use
Restaurant and Eating Establishments, without
drive-through, live entertainment, or dancing
Restaurant and Eating Establishments, with
drive-through, live entertainment, or dancing
(add’l regs. for drive-throughs: Section 6.9)
(Am. Ord. 946, passed 6-1-2015)
(Am. Ord. 2016-3, passed 3-7-2016)
Retail Store
Sale of Swimming Pools and Ancillary Equipment
(Am. Ord. 2016-3, passed 3-7-2016)
Service Shop, Painting, Plumbing, Tinsmithing,
Upholstering, under 2,000 sq. ft. in size
Shoe Repair
Studio
Tailor/Seamstress/Dressmaking
Tattoo Parlor and/or Body Piercing
(Am. Ord. 946, passed 6-1-2015)
Travel Agency
Upholstery
Veterinary Clinic/Animal Hospital
Video and Game Rental
Vehicle Sales, Storage, and Service
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
Automobile & Boat Storage (indoor)
(Ord. 923, passed 9-2-2014)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-13
Use
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
Service Station (full- and self-serve)
-
-
-
-
-
-
P
P
-
P
P
Snowmobile Sales and Service
-
-
-
-
-
-
P
P
-
P
P
Trailer Display and Sales/Rental
-
-
-
-
-
-
-
P
-
P
P
Truck Rental (Am. Ord. 916, passed 7-7-2014)
-
-
-
-
-
-
S
P
-
P
P
Truck School
-
-
-
-
-
-
-
-
-
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
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
S
S
-
P
S
S
-
S
S
-
P
P
S
S
P
S
S
S
S
-
-
-
-
-
-
-
S
P
-
P
P
-
-
-
-
-
-
-
-
-
-
S
-
-
-
-
-
-
-
-
-
P
P
P = Permitted Use A = Permitted Accessory Use
S = Special Use
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
Offices
Business, Professional, Institutional, and
Governmental
Medical or Dental Clinic
Technology and Research Centers
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 Yard
Explosives Manufacturing/Storage
Gasoline/Propane Bulk Storage
Grain Elevator
Lime, Phosphate or Limestone Storage or
Handling
Lumber Yard
Milk Distribution Station
Oil Well
Radio/TV Tower or Station
Railroad or Public Utility Structure
Refuse Storage, Sorting, or Transfer
Research and Development Facility
Self-Storage Facility
(Am. Ord. 2016-3, passed 3-7-2016)
Slaughter or Processing of Poultry or Poultry
Products
Warehouse (Am. Ord. 2016-3, passed 3-7-2016)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-14
Use
P = Permitted Use A = Permitted Accessory Use
S = Special Use
AG
RE
R1/OT
R2
R3
B
C1
C2
OR
I1
I2
A
A
A
A
A
A
A
A
A
A
A
P
P
-
-
-
-
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
-
-
-
-
-
S
S
S
-
-
-
-
-
-
-
-
-
-
-
-
S
S
-
-
-
-
-
P
P
-
-
-
-
-
S
S
S
S
S
S
S
S
S
S
P
-
-
-
-
-
-
-
-
-
-
S
S
S
S
S
S
S
S
S
S
S
A
A
A
A
A
A
A
A
A
A
A
P
P
S
S
S
S
P
P
P
P
P
Other
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
Farming with livestock, including structures and
facilities commonly associated with agricultural
but excluding feed lots and confinement
operations of ten or more animals (add’l regs.:
Section 3.4) (Am. Ord. 2016-3, passed 3-7-2016)
Farming without livestock, including structures
and facilities commonly associated with
agricultural but excluding feed lots and
confinement operations of ten or more animals
(add’l regs.: Section 3.4)
(Am. Ord. 2016-3, passed 3-7-2016)
Medical Cannabis Dispensing Organizations,
provided the facilities otherwise comply with the
provisions of Article III and any applicable state
laws and regulations (add’l regs.: Section 3.19)
(Ord. 933, passed 12-1-2014)
(Am. Ord. 946, passed 6-1-2015)
Medical Cultivation Center, provided the facilities
otherwise comply with the provisions of Article
III and any applicable state laws and regulations
(add’l regs.: Section 3.19) (Ord. 933, passed 12-12014) (Am. Ord. 946, passed 6-1-2015)
Mixed Use Building (Ord. 945, passed 6-1-2015)
Planned Unit Developments (add’l regs.: Article 5
& Section 11.2 D) (Am. Ord. 946, passed 6-1-2015)
Roadside stands offering for sale only farm
products which are produced on the premises
Small Wind Energy System (add’l regs.: Section
3.17) (Am. Ord. 946, passed 6-1-2015)
Solar Energy Device (add’l regs.: Section 3.18)
(Am. Ord. 946, passed 6-1-2015)
Truck Garden or Farming, excluding the keeping
of livestock or poultry
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-15
4.9
Zone
Utilities
Condition
(see notes
below)
Lot Size (minimum)
Lot Size Lot
[4]
Width
Yard Setbacks (minimum)
Front
Rear
Corner
Yard
Yard
Side Yard
[6]
[6]
Utility[B]
Utility[C]
Utility[B]
Utility[C]
(sq ft)
217,800
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]
B
-
20,000
100
30
C-1
-
30,000
100
30
C-2
-
30,000
100
30
OR
-
20,000
100
30
I-1
-
43,560
150
30
I-2
-
43,560
150
30
AG
R-E
R-1
OT
R-2
R-3
(Am. Ord. 946, passed 6-1-2015)
SETBACK AND BULK CHART
Utility[D]
Utility[A]
Utility[B]
Utility[C]
-
Interior
Side
Yard
From U.S.
Route 51
right-of-way
Height of
Principal
Building
(max)
feet
60
100
feet
50
40
feet
40
40
feet
40
40
feet
15
15
feet
50
50
feet
35
35
60
30
25
25
7
50
35
40
(*)
(*)
(*)
(*)
50
35
30
25
25
7
50
35
30
25
25
7
50
45
50
35
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
Conditions
Utility [A]: Lot with or without municipal sewer and/or water.
Utility [B]: Lot with municipal sewer and water.
Utility [C]: Lot with municipal sewer or water.
Utility [D]: Lot without municipal sewer and water.
30
30
30
30
30
30
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
10
[7]
50
50
45
[5]
45
[5]
50
45
50
45
50
45
Notes
[1] For detached single family homes.
[2] For townhomes and multiplex structures.
[3] For attached single family homes and all multi-family dwelling units.
[4] 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 9.12. In the OT: Original Town District,
lots platted prior to September 1, 2013 may have a minimum lot size of 5,000 square feet. (Am. Ord. 945, passed 61-2015)
[5] Maximum height limitations shall be specified with the granting of a special use permit, and may exceed the
maximum height for a permitted use with Village approval. Maximum building height in the C-1 and C-2 district is
45’ for a maximum of 3 stories except within 200’ of a property zoned R-1 or R-2, in which case the maximum
building height shall be 35’.
(*) Setbacks in the OT District shall be as follows:
Front – The average front yard setback provided by existing buildings on the same block face
Rear – Twenty percent of lot depth
Corner Side – The average setback provided by existing buildings on the same block face
Interior Side – 7’ or 10% of the lot width, whichever is less
[6] Setback along a collector street shall be a minimum of 35’ from a collector street.
[7] Rear yard and interior side yard setbacks abutting residential uses shall be a minimum of 25 feet as stated within
Section 3.16. (Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article IV – District Regulations – 8/9/2013
Page 4-16
ARTICLE V
PLANNED UNIT DEVELOPMENTS
PLANNED UNIT DEVELOPMENTS .............................................................................................5-1
5.1
PURPOSE ..............................................................................................................................5-1
5.2
SPECIAL USE .......................................................................................................................5-2
5.3
PERMITTED USES AND CRITERIA ................................................................................5-2
5.4
GENERAL PROVISIONS ....................................................................................................5-3
5.5
RESIDENTIAL STANDARDS ............................................................................................5-6
5.6
APPLICATION AND APPROVAL .....................................................................................5-8
5.7
CHANGES IN THE PLANNED UNIT DEVELOPMENT ..............................................5-21
5.1
PURPOSE:
A.
To promote efficient land patterns which preserve natural resources and provide public
amenities that are consistent with the growth management concepts in Forsyth's
Comprehensive Plan.
B.
The provisions in this Article are intended to encourage and accommodate more creative
and imaginative design for land development than would otherwise be possible under the
strict application of Forsyth's conventional zoning and land subdivision provisions.
C.
With new approaches to land development and redevelopment emerging, the mixing of
uses and variations in heights, yards, and other site and building characteristics has proven
the capacity to produce very satisfactory and long-lasting results, if properly planned and
designed, without adverse impacts on adjacent lands.
D.
It is the purpose of this Article that the land use patterns which result from these standards
will:
(1)
Foster quality development by allowing flexibility in land use and design
standards, thereby encouraging innovative site planning;
(2)
Promote more efficient land patterns in keeping with the Comprehensive Plan,
which not only preserves open space and natural resources, but also provides for
more efficient networks of utilities, streets, and other facilities and infrastructure;
(3)
Promote diverse, high-quality residential environments, which include a mixture
of dwelling unit types;
(4)
Promote a land use pattern with a mixture of residential and non-residential uses
that will mutually support each other;
(5)
Provide for the permanent preservation of open space for the continued use and
enjoyment of all residents;
(6)
Provide for usable and suitably located public and private recreational facilities,
with safe and accessible access for pedestrians and bicyclists;
(7)
Encourage developers to provide amenities that enhance Forsyth’s quality of life,
both within the planned unit development and throughout the community as a
whole;
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-1
5.2
5.3
(8)
Encourage a land use pattern which promotes the public health, safety, comfort,
morals, and welfare of the community; and
(9)
Allow more than one principal building per zoning lot.
SPECIAL USE:
A.
Planned unit developments are of such substantially different character from conventional
subdivisions or development on individual zoning lots that they require administrative
processing as a special use, under the provisions of Article IX, ADMINISTRATION
AND PROCESSING of this Ordinance.
B.
Because planned unit developments are complex and of a different character than other
special uses, the Village has established more specific procedures, standards, and criteria
for exceptions from the standards of the underlying zoning district than those included in
Article IV, DISTRICT REGULATIONS. The procedures, standards, and criteria for
exceptions provided in this Article are intended to guide the recommendations of the
Village Board during their review of preliminary and final plans.
PERMITTED USES AND CRITERIA:
Planned unit developments may include uses and structures not otherwise permitted in the
underlying zoning district, provided proper screening is employed between dissimilar land uses,
and the petitioner demonstrates that the planned unit development accomplishes the standards set
forth in this Article, achieves the planning goals and objectives of the Village of Forsyth, as
defined in the Comprehensive Plan, and is compatible with adjacent land uses.
A.
Residential Planned Unit Development:
(1)
(2)
A residential planned unit development may be processed for only one type of
dwelling unit, but is intended to allow a mixture of dwelling unit types, thereby
offering a choice in lifestyle to residents of the development. Non-residential
land uses of a religious, institutional, cultural, recreational, or commercial
character may be permitted in a residential planned unit development, to the
extent that they can be integrated with the residential character of the
development. Where provided, non-residential uses in a residential planned unit
development shall:
(a)
Not exceed fifteen (15) percent of the total developable acreage of the
development, excluding lakes, streams, floodplains, wetlands and other
natural features that will be set aside as open space.
(b)
Be compatible in appearance and scale with the residential structures.
Residential developments shall be processed as planned unit developments when
any of the following apply:
(a)
More than one dwelling unit type is proposed.
(b)
More than one principal building is proposed on a zoning lot.
(c)
More than one land use is proposed for the development.
(d)
A cluster subdivision, or zero lot line arrangement, is proposed.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-2
(e)
B.
Commercial Planned Unit Development:
(1)
A commercial planned unit development may include any of the permitted or
special uses listed in the Permitted and Special Use Chart in Article IV,
DISTRICT REGULATIONS for the (B) Business, (C) Highway Commercial,
or (OR) Office-Research Districts.
(2)
A proposed commercial development shall be processed as planned unit
developments when any of the following apply:
(3)
C.
(a)
More than one building is proposed on a zoning lot.
(b)
Development exceeds three (3) acres in area, and includes more than one
type of business use, such as retail, office, and/or service uses.
(c)
A commercial development that includes residential dwelling units.
Commercial developments shall meet the "General Provisions for All NonResidential Uses," as outlined in the DISTRICT REGULATIONS of Article
IV.
Industrial Planned Unit Development:
(1)
An industrial planned unit development may include any of the permitted or
special uses listed in the Permitted and Special Use Chart in Article IV,
DISTRICT REGULATIONS, for the (OR) Office-Research, (I-1) Light
industrial or (I-2) Heavy Industrial Districts.
(2)
A proposed industrial development shall be processed as a planned unit
development when any of the following apply:
(3)
5.4
A multi-family development, consisting of three (3) or more acres is
proposed.
(a)
The development consists of ten (10) or more acres.
(b)
More than one building is proposed on a zoning lot.
(c)
The planned unit development includes other commercial or support
services that warrant special consideration by the Village Board to assure
that potential hazards associated with dissimilar land uses are minimized
and involve an acceptable level of potential conflict.
Industrial developments shall meet the "General Provisions for All NonResidential Uses," in the DISTRICT REGULATIONS of Article IV.
GENERAL PROVISIONS:
A.
General:
(1)
Traditional development controls, as set forth for zoning and land subdivision in
this Ordinance, may restrict imaginative development. Therefore, it is the intent
of these provisions to permit review of integrated site proposals on their own
merits, where they afford the Village amenities and benefits which enhance the
quality of life of the community due to unified planning and design.
(2)
These provisions are not intended as a means to circumvent the zoning and land
subdivision procedures and standards established in this Ordinance, and thereby
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-3
allow a lower standard of development than would otherwise be permitted under
the strict interpretation of these codes. Rather, they are intended to take
advantage of particular site characteristics, increase the flexibility and originality
of design in large scale projects, provide more open space and public amenities
than would otherwise be required, encourage the protection of high-quality
natural resources, and establish better transitions between dissimilar land uses.
(3)
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 5.1,
above. (Am. Ord. 946, passed 6-1-2015)
(a)
Ownership – The proposed planned unit development shall be under the
unified control of the petitioner.
(b)
Comprehensive Plan – The proposed planned unit development shall
conform to the land uses, planning and design guidelines, and intent of
the Comprehensive Plan and other planning objectives established for the
Village of Forsyth.
(c)
Compatibility – Uses permitted in a planned unit development shall be
compatible with surrounding land uses.
(d)
Subdivided – Unless otherwise approved by the Village Board, a plat of
subdivision shall be required in accordance with procedures set forth in
the land subdivision regulations established in this Ordinance, as may be
amended from time to time.
(e)
Yards – The required yards along the periphery of a planned unit
development shall be at least equal in depth to those of the underlying
zoning district, or the adjacent zoning district, whichever is greater. The
Village Board may recommend greater setbacks from the boundary line
of a planned unit development when determined to be necessary to
protect the privacy of residents within both existing and proposed
subdivisions adjacent to the planned unit development.
(f)
Sidewalks – Sidewalks shall be constructed on both sides of all streets in
residential, business, and office planned unit developments unless an
alternative system is provided internal to the development which
provides adequate connection between the development and adjacent
properties and activity areas. In addition, sidewalks shall be planned to
provide convenient access for pedestrians between residential blocks and
to adjacent blocks and public activity areas. When a planned unit
development is adjacent to U.S. Route 51, a parallel pedestrian system,
internal to the planned unit development, may substitute for sidewalks
along this highway.
(g)
Public Streets:
(i)
All streets shall be publicly dedicated, and constructed in
accordance with applicable standards contained in the land
subdivision regulations.
(ii)
Reduced rights-of-way or pavement width in residential
subdivisions may be recommended by the Planning and Zoning
Commission and approved by the Village Board, if it is
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-4
determined appropriate for maintaining the character of the area
or for preserving natural features.
(h)
Vehicular Access – Points of vehicular ingress and egress to the site shall
be minimized to maintain the safety and operational efficiency of
Forsyth's major roadways and collector roadways. Where possible,
cross-access between properties shall be provided.
(i)
Design Standards – All non-residential or multi-family components of a
Planned Unit Development shall meet or exceed the general provision
standards for design (parking, landscaping, etc.) contained in section 4.6
of Article IV, DISTRICT REGULATIONS of this Ordinance.
(j)
Underground Utilities – All utilities (including electric, telephone, gas,
cable TV and communications) shall be installed underground.
(k)
Tree Replacement – Where determined appropriate by the Village Board,
trees greater than six (6) inches in caliper, as measured twelve (12)
inches above grade, which are identified to be removed for construction,
shall be replaced in accordance with a tree replacement plan that is
subject to review and approval by the Village Board.
(l)
Performance Standards – All activities associated with a business, office,
or mixed use planned unit development shall conform to the standards
established by Article X, PERFORMANCE STANDARDS, of this
Ordinance.
(m)
Preliminary Plan Approval – Preliminary approval of a planned unit
development by the Village Board shall be null and void, in the event
that the petitioner has failed to obtain final planned unit development
approval for a least the first phase of the development within twenty-four
(24) months of the date of the preliminary approval.
(n)
Recording of Plat – Within thirty (30) days of the date of approval of any
final plan, for all of a development or a single phase, the petitioner shall
record a plat, approved by the Village Board as being consistent with the
approved planned unit development, with the County Recorder.
(o)
Completion – The planned unit development shall be initiated within two
(2) years of final planned unit development approval, and shall be
substantially completed within the period of time specified by the
petitioner and set forth in the development ordinance prepared for the
project, unless an extension is requested by the petitioner and approved
by the Village Board.
(p)
Compliance with Ordinances – Where there is a conflict or difference
between the provisions of this Article and those of other Articles of this
Ordinance or other ordinances, the provisions of this Article shall
prevail. Except as otherwise set forth herein, all other applicable Village
ordinance provisions shall apply.
(q)
Exceptions – The Village Board may recommend and approve
exceptions to standards and criteria when determined necessary to
achieve the planning objectives set forth in this Article.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-5
5.5
RESIDENTIAL STANDARDS:
A.
B.
Open Space/Greenbelt – Open space shall be provided for Village residents in the form of
parks, greenbelts, open space, and recreational facilities, consistent with regulatory and
policy directives of Forsyth and the provisions of this Article.
(1)
Unless otherwise recommended and approved by the Village Board, not less than
twenty-five (25) percent of the gross land area within a single family residential
planned unit development shall be reserved and designated as open space,
greenbelt, and/or recreational facilities. This percent shall be increased to thirty
(30) percent for planned unit developments with thirty (30) percent or more of
the dwelling units other than single family detached.
(2)
Where parks and greenbelts illustrated on the Future Land Use Plan in the
Comprehensive Plan pass through a proposed residential subdivision, land shall
be provided in lieu of cash according to the provisions of this Ordinance. The
Board of Trustees has determined that the dedication of land in these areas is
essential for implementing the continuous greenbelt and open space system
established in the Village's Comprehensive Plan.
(3)
Designated open space, greenbelts, or public recreational facilities reserved under
a planned unit development shall be held and maintained by a homeowners'
association, unless conveyed to a public authority approved by the Village Board.
(4)
All designated open space, greenbelts, and/or recreational facilities shall be
dedicated as open space in perpetuity, and shall be so designated in the
development ordinance and final plat of subdivision(s) recorded for the planned
unit development.
(5)
The cost for improving open space or greenbelts, or constructing recreational
facilities proposed as part of a planned unit development, shall be included in the
letter of credit or other surety required for the public or quasi-public
improvements as described in this Ordinance.
(6)
Open space shall be suitably improved for its intended use. However, open space
containing natural features worthy of preservation, including traditional
agricultural uses, may be left unimproved.
(7)
No portion of a planned unit development shall be conveyed or dedicated as
public open space, greenbelt, or recreation to any public body until such
conveyance or dedication is reviewed and approved by the Village Board.
Minimum Lot Size – Minimum lot size shall be as set forth in this Ordinance unless
twenty-five (25) percent of the total gross acres have been set aside for: active recreational
areas and/or facilities; open space; or preservation of major stands of trees or other natural
areas. The Village finds that flexibility in its standards are warranted only when such
amenities are proposed as part of a planned unit development.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-6
(1)
Net development area shall be determined by subtracting the area set aside for
non-residential uses from the gross development area, then deducting fifteen (15)
percent of the remainder for streets, regardless of the amount of land actually
required for streets.
Net Development Area Example
Gross Development Area
- Non-Residential Area
- 15% for Streets
= Net Development Area
(a)
(2)
(3)
100.0 acres
10.0 acres
13.5 acres
76.5 acres
In no case shall the net lot size for single-family dwellings, or net lot area
for each multi-family dwelling unit, be less than the following:
(i)
Single-Family, detached:
6,000 square feet
(ii)
Single-Family, attached:
5,000 square feet
(iii)
Patio House:
5,000 square feet
(iv)
Townhome:
3,500 square feet
(v)
Two-Family or Duplex:
3,500 square feet
(vi)
Quadplex:
3,000 square feet
(vii)
Apartments, Low-Rise:
2,000 square feet
For the purpose of this Article, recreational facilities and open space provided as
part of the planned unit development may include but not be limited to the
following:
(a)
Parks
(b)
Greenbelts
(c)
Golf course
(d)
Swimming pools
(e)
Community center
(f)
Health club
(g)
Tennis courts
(h)
Jogging trails
(i)
Physical fitness courses
At the discretion of the Village Board, the following may be included as open
space or recreational facilities:
(a)
Ponds required for stormwater retention or detention basins, provided
they are developed with trails, benches, and other substantial landscape
features.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-7
(b)
C.
5.6
Land for parks, greenbelts, or preservation of natural features such as
floodplains, steep slopes, wetlands, high quality native plant
communities, major stands of trees, or riparian zones.
Building Separation – Residential structures shall be separated and arranged to protect the
privacy of each dwelling unit and provide adequate space for emergency access and
maintenance. Townhome buildings shall contain no more than six (6) units without a
separation. A side to side of at least twenty (20) feet is required between buildings.
Separation of townhomes front to front, or front to rear, shall be at least sixty (60) feet, and
front or rear sides shall be at least forty (40) feet.
APPLICATION AND APPROVAL:
A.
B.
Administrative:
(1)
Application – Applications for planned unit developments shall be made on
forms provided by the Zoning Official, and shall be accompanied by plans,
drawings, documents, and other information required by this Article.
Applications and other required documentation shall be reviewed by the Zoning
Official for compliance with submittal requirements set forth herein for preapplication and preliminary or final plan review, before forwarding these
materials to the Plan Review Committee, Planning and Zoning Commission, or
Village Board. (Am. Ord. 946, passed 6-1-2015)
(2)
Planned Unit Development Ordinances:
(a)
Planned unit developments shall be controlled by means of ordinances
adopted by the Village Board subsequent to approval of final plans. Said
ordinance shall include graphics and other support documentation upon
which Village Board approval is based. The ordinance shall specify any
conditions of approval established by the Village Board.
(b)
Ordinances approving final plans may provide for exceptions from
district regulations governing use, density, area, setbacks, height,
parking, and subdivision design standards, as determined to be desirable
to achieve the objectives of the proposed planned unit development,
provided such exceptions are consistent with the standards and criteria
contained in this Article.
Pre-Application Procedure (Mandatory):
(1)
Prior to the filing of an application for approval of a planned unit development,
the petitioner shall contact the Zoning Official to arrange an informal meeting
with the Plan Review Committee. (Am. Ord. 946, passed 6-1-2015)
(2)
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 Article, and to
ask whether the developer has secured short- and long-term financing sufficient
to complete the proposed project. The Village will request a list of projects
developed, completed, or participated in by the petitioner.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-8
(3)
Not less than fifteen (15) days before the pre-application meeting, the petitioner
shall provide four (4) print copies and one electronic (PDF) copy of:
(a)
Concept Plan – A 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 unit development to
adjoining uses, both existing and proposed, and to the topography and
natural features of the adjoining land uses. The plan shall include:
(i)
North arrow, scale, and date of preparation.
(ii)
Name, address, and profession of the person or firm who
prepared the plan.
(iii)
Proposed name of the planned unit development.
(iv)
Proposed land uses.
(v)
Total acreage and percent of the site devoted to each land use.
(vi)
Proposed layout of streets, lots, and blocks.
(vii)
Proposed school and park sites, if applicable.
(viii)
Proposed greenbelt, if applicable, and other open space or
developed recreation areas.
(ix)
Proposed building footprints and estimated floor area for all nonresidential structures, if any.
(x)
Wetlands, floodplains, floodways, and surface waters, including
lakes ponds, streams, and drainage swales.
(xi)
Any other data reasonably necessary to provide an accurate
overview of the proposed development as determined by the
Zoning Official.
(Am. Ord. 946, passed 6-1-2015)
(4)
The Plan Review Committee shall evaluate the proposed concept plan and other
documentation and advise the petitioner as to the compatibility of the planned
unit development with the Comprehensive Plan, this Ordinance, and the
development goals and policies of the Village of Forsyth. Recommendations
relative to a pre-application review are advisory only, and shall not constitute a
waiver from the requirements contained in applicable ordinances. In those
instances where the Zoning Official has authorized the application to be
processed as a minor planned unit development, the Plan Review Committee
shall submit a summarization to the Planning and Zoning Commission with a
recommendation to process the preliminary and final plans consecutively or
concurrently. (Am. Ord. 946, passed 6-1-2015)
(5)
The Plan Review Committee may, at its discretion, require plans and support
documentation to be revised before referring the proposed planned unit
development to the Village Board. This may require additional meetings
between the petitioner and the Committee to assure that the proposed planned
unit development conforms, to the maximum extent possible, with the applicable
ordinance provisions, goals, and policies of the Village of Forsyth.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013
Page 5-9
(6)
When determined desirable by the Committee, Village staff, or its consultants
shall prepare a written report, which shall be forwarded to the Village Board.
The report shall:
(a)
Evaluate the compatibility of the planned unit development with
Forsyth's Comprehensive Plan;
(b)
Identify and comment on exceptions from applicable ordinances which
have been requested by the petitioner;
(c)
Summarize recommendations by the Plan Review Committee regarding
the proposed planned unit development; and
(d)
Summarize the petitioner's proposed schedule for submitting preliminary
and final plans in accordance with procedures set forth herein.
Planned Unit
Development Process
C.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-10
Preliminary Plan:
(1)
(2)
(3)
Purpose:
(a)
The purpose of the preliminary plan is to obtain a recommendation and
preliminary approval by the Village Board indicating that all plans and
programs which the petitioner intends to build and follow are acceptable,
and that the petitioner can reasonably proceed with preparation of
detailed architecture, engineering, site, and landscape plans.
(b)
The preliminary plan is more detailed than the concept plan required for
pre-application. This plan is meant to assure the petitioner that final
plans will be approved by the Village Board, provided these plans
substantially conform to the approved preliminary plans.
Procedure:
(a)
A request for preliminary plan approval, signed by the owner of record
of the land proposed for a planned unit development, shall be submitted
to the Zoning Official, who will forward the request to the Planning and
Zoning Commission for public hearing, report, and recommendation.
The Zoning Official shall also notify the Village Board of the pending
application and hearing schedule. (Am. Ord. 946, passed 6-1-2015)
(b)
The Zoning Official may authorize the application for planned unit
development to be processed as a minor planned unit development when
the following criterion are present: the development involves five acres
or less; there are no mixed zoning uses; the property fronts on streets
which are adequately improved for the proposed use; and extensive
modification of municipal facilities shall not be required to service the
proposed developments. The preliminary and final plats, as described
hereafter, may be processed and submitted for approval concurrently.
(Am. Ord. 946, passed 6-1-2015)
(c)
Preliminary and final plans must be filed and processed consecutively,
and not simultaneously (excepting minor planned unit developments),
unless specifically exempted from this requirement by the Village Board.
(d)
Preliminary plats of subdivision may be processed along with the
preliminary plan submittal, according to procedures and submittal
requirements set forth in the land subdivision standards in this
Ordinance, as may be amended from time to time.
Distribution of Plans and Required Documentation:
(a)
The petitioner shall file four (4) print copies of plans and other support
documentation, as identified below, with the Zoning Official. All
submittals shall also be supplied in electronic form (PDF or similar), and
all materials shall include a date of preparation or revision. (Am. Ord.
946, passed 6-1-2015)
(b)
Once all required drawings and information have been received, the
Zoning Official shall distribute the preliminary plan submittal to the
Planning and Zoning Commission, and to other reviewers designated by
the Zoning Official. This shall include, but not be limited to, the
following: (Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-11
(c)
(4)
(i)
Planning and Zoning Commissioners and Recording Secretary.
(ii)
Board of Trustees.
(iii)
Village Administrator. (Am. Ord. 2016-3, passed 3-7-2016)
(iv)
Village Clerk.
(v)
Village Engineer.
(vi)
Village Planner.
(vii)
Fire Protection District.
(viii)
Village Attorney.
Required plans, support documentation, and summarization from the
Plan Review Committee regarding minor planned unit developments
shall be submitted no later than fifteen (15) working days before the next
scheduled meeting of the Planning and Zoning Commission, to assure
adequate time for review.
Required Submittals – Unless specific submittal requirements are waived by the
Zoning Official, the following plans and drawings, as applicable, shall be
submitted at the scale necessary to clearly indicate the planned unit development
for the property: (Am. Ord. 946, passed 6-1-2015)
(a)
Location map.
(b)
Site Plan – The proposed site plan shall contain all the information
required at the pre-application stage, as well as the following:
(i)
Location of the subject site by section, town, and range, or by
other approved legal description.
(ii)
Name and address of the site planner, engineer, architect, and
landscape architect.
(iii)
Name and address of the owner and/or trust beneficiary.
(iv)
Site data, including as applicable:
a.
Total acreage and acreage of each proposed lot, outlot,
and open space, greenbelt, or recreation areas.
b.
Acres and percent of the planned unit development
devoted to each land use.
c.
Percent of land devoted to streets and public rights-ofway.
d.
Percent of land covered by buildings and parking.
e.
Percent of the site devoted to usable open space.
f.
Minimum lot size.
g.
Existing zoning on and adjacent to the site.
(v)
Existing topography and proposed grading.
(vi)
Existing and proposed zoning.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-12
(vii)
Municipal and school districts within which the project is
located.
(viii)
Utility easements.
(ix)
Proposed lotting and footprints of all non-residential structures.
(x)
Maximum lot coverage by buildings and other impervious
surfaces, for all uses within the planned unit development.
(xi)
Off-street parking and loading areas, including number and
dimensions of parking spaces, drive aisles, and loading zones.
(xii)
Configuration and acreage of all land proposed to be dedicated
as open space or greenbelts, and all sites to be conveyed,
dedicated, or reserved for parks, playgrounds, school sites,
public buildings, and similar public and quasi-public uses.
(xiii)
Pedestrian and/or bicycle circulation systems.
(xiv)
Greenbelt or other open space systems, and submittal
requirements for these systems as set forth in Article III of this
Ordinance.
(xv)
Proposed phasing.
(xvi)
Location of trash bins and enclosures for all multiple-family
residential and non-residential uses, if any.
(xvii)
All other information determined necessary by the Planning and
Zoning Commission to clearly show the proposed elements of
the planned unit development.
(c)
Grading Plan – The grading plan shall show both existing and proposed
contours and elevations and shall identify all areas proposed for
excavation and/or filling of the property.
(d)
Landscape Plan – The landscape plan shall be superimposed on the
grading plan, and shall include:
(e)
(i)
Any proposed fences, walls, berms, and entry monuments.
(ii)
Contours for any landscaped berms.
(iii)
One or more sections through the site to illustrate the
relationship between the landscape materials, the land form,
proposed buildings, and nearby properties.
(iv)
Location of all trees and shrubs, keyed into a plant list, which
identifies species, sizes, and quantities for proposed plantings.
(v)
Method of screening trash collection facilities and enclosures.
Photometric Plan – The photometric plan shall be superimposed on the
site plan, for all multiple-family residential and non-residential planned
unit development, and shall:
(i)
Identify the location and heights of all light standards.
(ii)
Identify footcandle intensities on the site of the planned unit
development, and ten (10) feet beyond proposed property lines.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-13
(iii)
(f)
(g)
(h)
Include specifications for proposed lighting, including wattage,
method of illumination, color of light standards and luminaries,
and fixture types.
Development Schedule – A development schedule shall be submitted
which addresses:
(i)
Approximate dates for initiating project construction.
(ii)
Phasing and anticipated date of completion for public
improvements for each phase.
(iii)
The area and location of open space and/or greenbelt areas to be
provided with each phase.
(iv)
The mix of uses proposed for implementation within each phase
of a mixed use planned unit development.
Architectural Drawings – Preliminary architectural drawings for
buildings shall be submitted which include:
(i)
Typical elevations (front, rear, and side) for proposed residential
and non-residential buildings, which identify materials, color
styling, and any variations in height, roof pitches, and façade
articulation proposed for all exterior elements of the building.
(ii)
Gross floor area for all non-residential buildings.
(iii)
Minimum habitable floor areas for residential buildings,
excluding garages, basements, porches, and patios.
(iv)
Proposed building heights.
(v)
Roof plan for all non-residential structures, which shows the
proposed location and top elevation of all roof-mounted
mechanical equipment.
(vi)
Cross-sections of all non-residential structures which show the
relation of the roof structure and/or parapet wall to the proposed
roof-mounted mechanical equipment.
Protective Covenants – Proposed covenants shall be prepared and
submitted which include:
(i)
Architectural controls for residential dwellings, including:
a.
Minimum floor area, excluding garages, basements,
porches, and patios.
b.
Maximum lot coverage.
c.
Minimum front, rear, and side yards.
d.
Materials.
e.
Anti-monotony code.
f.
Landscaping for individual lots.
g.
Maintenance of common facilities.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-14
(i)
(j)
(k)
(l)
(ii)
Tenant sign controls for all non-residential, multi-tenant
developments.
(iii)
Provisions for dedication and maintenance of all open space,
greenbelt, and recreation areas.
Utility Plan – A proposed utility plan shall be superimposed on the
proposed site plan and shall show:
(i)
Approximate location and dimensions of all sanitary sewer,
storm sewer, and water lines.
(ii)
Drainage ditches, culverts, water retention areas, and utility
easements.
(iii)
Statement from the petitioner's engineer attesting to the
capability of existing water and sewer systems to service the
proposed development.
Traffic Impact Study – A traffic study, prepared by a professional
engineer licensed in the State of Illinois, when deemed appropriate by the
Zoning Official shall be submitted to: (Am. Ord. 946, passed 6-1-2015)
(i)
Identify anticipated volumes of traffic to be generated by each
phase of the planned unit development.
(ii)
Identify required public roadway improvements and/or traffic
regulation devices needed to insure the proper safety of traffic to,
through, and around the planned unit development.
Written Statement – A written statement shall be submitted by the
petitioner which describes:
(i)
Why the petitioner is processing the project as a planned unit
development.
(ii)
How the proposed planned unit development meets the
objectives of the Comprehensive Plan and the purposes for
planned unit development, as noted in Section 5.1. (Am. Ord.
946, passed 6-1-2015)
(iii)
How the project is compatible with adjacent existing land uses or
planned land uses.
(iv)
How the project will economically benefit or otherwise affect
Forsyth, including information regarding additional public
facilities and/or services that will be needed as a result of the
proposed project.
(v)
A comprehensive list of all requested exceptions to applicable
ordinances.
School/Park – The petitioner shall prepare an estimate of land and/or
cash that will be required for the development, based on the adopted
Land/Cash Ordinance for Parks, Schools, and Public Areas, as may be
amended from time to time.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-15
(m)
(5)
Other – The Planning and Zoning Commission may require preparation
and submittal of the following additional elements for review and
evaluation:
(i)
Fiscal impact study, detailing the estimated cost which the
planned unit development will have on all taxing bodies, and
anticipated revenues which will be realized from each phase of
development.
(ii)
A projected school population study estimating the number of
students by age group, which will be generated by the
development, if applicable.
(iii)
Other information that is deemed necessary for evaluation of the
proposed development in comparison to Village plans, policies,
ordinances, and existing conditions.
Public Hearing:
(a)
Scheduling – Upon receipt of all required documentation, the Zoning
Official shall coordinate the time, date, and place of the public hearing
with the petitioner and the Planning and Zoning Commission. (Am. Ord.
946, passed 6-1-2015)
(b)
Content of Notice – The notice of public hearing shall, at a minimum,
include:
(c)
(i)
A legal description of the subject property.
(ii)
The address or common name of the subject property.
(iii)
The name of the petitioner.
(iv)
A description of the petitioner's request including, but not limited
to, the requested zoning, acreage of the subject property,
proposed mix of uses, and number and types of dwelling units, if
any, and square footage of non-residential uses, if any.
(v)
Identification
ordinances.
(vi)
The time, place, and purpose of the public hearing.
of
requested
exceptions
from
applicable
Notice to the Public – The Village shall give notices of the public
hearing as follows:
(i)
Property Owners:
a.
(ii)
Village staff shall 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.
Publication – Notice of said hearing shall be published, by the
Village, 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.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-16
(iii)
(iv)
Posting:
a.
The Village shall post and maintain, for a period of not
less than ten (10) days prior to the hearing, a public
hearing notice sign.
b.
Said notice sign shall be erected not more than fifteen
(15) feet from the front lot line and be placed in such a
manner as to be visible from the street.
c.
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 applicant’s act or omission.
Other – Supplemental or additional notices may be distributed,
published, or posted as the Village Board may require.
(Am. Ord. 946, passed 6-1-2015)
(d)
Conduct of Hearing:
(i)
The petitioner shall enter all plans, drawings, and other support
documentation into the record as official exhibits, and shall
demonstrate compliance with the notice of public hearing, notice
of surrounding property owners, and posting of the property.
(ii)
The hearing may be continued by the Planning and Zoning
Commission from time to time, during which time plans,
drawings, and support documentation may be revised and
resubmitted.
(6)
Planning and Zoning Commission's Recommendation – After the close of the
public hearing, the Planning and Zoning Commission shall recommend approval
or denial of the proposed planned unit development. The recommendation may
include conditions of approval intended for incorporation into final plans and
supporting documentation.
(7)
Statement of Findings of Fact – The Chairperson shall have prepared a written
Statement of Findings of Fact, which shall be submitted to the Village Board
with the Planning and Zoning Commission's recommendation:
(a)
The Planning and Zoning Commission's Statement of Findings of Fact
shall include but not be limited to:
(i)
Name and address of the petitioner and the petitioner's attorney.
(ii)
The petitioner's request.
(iii)
A description of the project.
(iv)
A list of requested exceptions from zoning or planned unit
development standards, if any, and the basis for recommending
approval or denial of each exception.
(v)
A list of exhibits upon which the Planning and Zoning
Commission's recommendation is based, including title, author,
and date of preparation or revision.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-17
(b)
(vi)
Recommendation of the Planning and Zoning Commission,
including conditions of approval, if any.
(vii)
The roll call vote.
The Statement of Findings of Fact shall also specify in what respects the
proposal would or would not be in the public interest, and shall, at a
minimum, address:
(i)
The extent to which the proposed planned unit development
departs from the zoning, land subdivision, or planned unit
development standards otherwise applicable to the subject
property and the reasons why such departures are in the public
interest.
(ii)
Compatibility of the proposed planned unit development with
adjacent properties and neighborhoods.
(iii)
The desirability of the proposed planned unit development, or
lack thereof, for the Village’s tax base and economic well-being.
(iv)
The adequacy of the physical design and methods by which the
proposed planned unit development would:
(v)
(8)
(9)
a.
Make provision for public utilities and services.
b.
Provide adequate control over vehicular traffic.
c.
Provide for and protect designated open space and
drainage systems.
Compatibility with the Comprehensive Plan and the goals and
policies for planning within the Village of Forsyth.
Village Board Review:
(a)
Subsequent to receiving the Planning and Zoning Commission's
Statement of Findings of Fact, the Zoning Official shall schedule the
proposed planned unit development for review by the Village Board.
(Am. Ord. 946, passed 6-1-2015)
(b)
The petitioner shall present all exhibits and testimony applicable for
review and action by the Village Board.
(c)
The Village Board shall approve, approve with modifications, or
disapprove the preliminary plan for the proposed planned unit
development.
Action by the Village Board:
(a)
The preliminary plan may be disapproved or referred back to the
Planning and Zoning Commission for additional review of specified
items, by motion of the Board.
(b)
If the preliminary plan is approved, the Village Board shall prepare a
development ordinance for the preliminary plan. The ordinance shall
identify all applicable exhibits and support documentation upon which
Village Board action is based, and shall include any conditions of
approval.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-18
D.
Final Plan:
(1)
Process:
(a)
Within eighteen (18) months of the adoption of the preliminary plan
development ordinance, the petitioner shall file all required final plan
submittals for applicable phases of construction with the Zoning Official.
The submittal shall address all conditions of approval that are set forth in
the preliminary plans and development ordinance. (Am. Ord. 946,
passed 6-1-2015)
(b)
The request for final approval of a planned unit development shall be
submitted to the Zoning Official who, upon receipt of all required
submittals, will forward the request to the Planning and Zoning
Commission for its review and recommendation. Final plan approval
may be obtained in phases, in accordance with the petitioner's
development schedule. (Am. Ord. 946, passed 6-1-2015)
(c)
Final plats of subdivision may be processed along with the final plan
submittal in accordance with the land subdivision regulations in this
Ordinance.
(d)
Final plan submittals shall demonstrate compliance with the preliminary
plan development ordinance. The petitioner shall file four (4) print
copies of plans, drawings, and other required supporting documentation
with the Zoning Official. 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 Zoning Official shall distribute the final plan
submittal to the Planning and Zoning Commission and to other
designated reviewers. (Am. Ord. 946, passed 6-1-2015)
(e)
Required plans, drawings, and supporting documentation shall be
submitted no later than fifteen (15) working days before the next
scheduled meeting of the Planning and Zoning Commission to assure
adequate time for review.
(i)
Submittals – Required submittals shall include, but not
necessarily be limited to, the following, as applicable:
a.
An accurate legal description of the entire area under
immediate development within the planned unit
development.
b.
A final site plan which includes:
c.

Identification of all use areas, including open
space, greenbelts, and recreation areas.

Approved building setbacks and separations.

Footprints of all non-residential buildings.
An accurate legal description of each separate
unsubdivided use area, such as open space and
greenbelts.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-19
(ii)
d.
Tabulations of each use area, including land area and
number of dwelling units per acre, if any.
e.
Final landscape plan, superimposed on a grading plan.
f.
Final utilities and drainage plan.
g.
Final agreements, by-laws, provisions, or covenants
which govern the use, maintenance, and continued
protection of the planned unit development and its open
space, greenbelts, or other recreational facilities.
h.
Final development and construction schedule.
i.
Detailed elevations of buildings.
j.
Final engineering drawings.
k.
A certificate from the County which documents that no
delinquent taxes exist, and that all special assessments
constituting a lien on the whole or any part of the
property of the planned unit development have been
paid.
The final plan shall be processed as follows:
a.
The Planning and Zoning Commission shall review the
final plan and plat submittal at a public meeting, and
shall recommend approval if it is in substantial
compliance with the preliminary plan development
ordinance. Their recommendation may include such
additional conditions as may be appropriate, based on
the final documentation submitted.
b.
If the final plan and plat are substantially different from
the approved preliminary plan, the Planning and Zoning
Commission shall either:
c.

Recommend disapproval of the final plan
submittal; or

Recommend to the Village Board that a new
public hearing be held in conformance with the
procedures established for approval of a
preliminary plan.
With a recommendation of approval, the Planning and
Zoning Commission shall submit to the Village Board a
written Statement of Findings of Fact and
Recommendations which:

Confirms that final plan submittals are in
conformity with the preliminary plan
development ordinance; and

Identifies any additional conditions of approval.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-20
E.
5.7
(iii)
If the Village Board decides to approve the final development
plan, it shall prepare the final plan development ordinance. If
the Village Board determines that the final development plan
shall be disapproved, it shall do so by a motion of the Board. In
lieu of denial, the Village Board may grant the petitioner
additional time to remedy any deficiencies.
(iv)
No plats shall be recorded, and no building permits issued, until
final plan submittals have been approved by the Village Board.
Final plats shall be recorded by the petitioner within thirty (30)
days of the date of final plan approval.
Guarantees – In all cases where special use permits for a planned unit development are
granted, the Village Board shall require a Construction Agreement and a Bond or Bonds for
public improvements.
CHANGES IN THE PLANNED UNIT DEVELOPMENT:
A.
The planned unit development shall be implemented only according to the approved final
plan development ordinance and recorded final plats of subdivision recorded for the
planned unit development. The recorded final plats and supporting data, together with all
recorded documents and amendments, if any, shall be binding on the owners, successors,
heirs, and assigns.
B.
Changes to a planned unit development may be made as follows:
(1)
(2)
Major Changes:
(a)
Changes which alter the concept or intent of the planned unit
development may be approved by the Village Board only by submission
of a new final plan and final plats of subdivision for the planned unit
development. All revisions shall be reviewed by the Planning and
Zoning Commission at a public hearing.
(b)
Major changes include, but are not limited to, the following:
(i)
Increases in density.
(ii)
Increases in the heights of buildings.
(iii)
Reductions in approved open space, greenbelts, or preservation
areas.
(iv)
Modifications to the approved uses, and a change by more than
ten (10) percent in the acreage allocated to each use.
(v)
Rearrangement of lots, blocks, and building tracts.
Minor Changes – Minor changes may be approved by the Village Board, after
review and recommendation of the Planning and Zoning Commission at a public
meeting, provided said changes do not alter the spirit and intent of the approved
planned unit development. Minor changes include:
(a)
Minor modifications to the location of buildings, provided all setbacks
established for the planned unit development are met.
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-21
(b)
Minor changes to the location and configuration of streets and rights-ofway, which are made to preserve natural features.
(c)
Minor changes to the location and configuration and size of approved
open space, greenbelts, and recreational facilities, due to circumstances
that were not foreseen at the time the final plans were approved.
(3)
Incidental Field Changes – Incidental field changes may be approved by the
Zoning Official. (Am. Ord. 946, passed 6-1-2015)
(4)
Recording – Major changes which are approved for the final planned unit
development shall be recorded as amendments to the recorded copy of the final
plat of subdivision(s).
Forsyth Development Ordinance – Article V – Planned Unit Developments – 8/9/2013 Page 5-22
ARTICLE VI
OFF-STREET PARKING AND LOADING
OFF-STREET PARKING AND LOADING............................................................................... 6-1
6.1
PURPOSE ..................................................................................................................... 6-1
6.2
GENERAL PROVISIONS............................................................................................ 6-1
6.3
REGULATIONS AND REQUIREMENTS ................................................................. 6-2
6.4
OFF-STREET PARKING CHART .............................................................................. 6-6
6.5
SCHEDULE OF OFF-STREET PARKING REQUIREMENTS ................................. 6-6
6.6
OFF-STREET LOADING .......................................................................................... 6-10
6.7
SCHEDULE OF OFF-STREET LOADING REQUIREMENTS .............................. 6-11
6.8
CARGO CONTAINER REGULATIONS: ................................................................. 6-12
6.9
DRIVE-THRU FACILITIES ...................................................................................... 6-13
6.1
PURPOSE:
6.2
GENERAL PROVISIONS:
These regulations are provided to promote successful business operations and enhance residential
neighborhoods within the Village by establishing uniform standards for the amount, location, and
design of off-street parking and loading areas.
A.
B.
Scope of Regulations – Off-street parking and loading provisions of this Article shall
apply as follows:
(1)
For all buildings and structures erected and all uses of land established after the
effective date of this Ordinance, accessory parking and loading facilities shall be
provided as required by the regulations of the district in which such buildings or
uses are located.
(2)
When the intensity of use of any building, structure or premises is increased
through gross floor area, seating capacity or other unit of measurement specified
herein for required parking or loading facilities, parking and loading facilities as
required shall be provided for such increase in intensity of use.
(3)
Whenever the existing use of a building or structure is changed to a new use,
parking or loading facilities shall be provided as required for such new use.
Damage or Destruction – For any conforming or legally nonconforming building or use
which is in existence on the effective date hereof, which is damaged or destroyed by fire,
collapse, explosion or other cause, and which is reconstructed, re-established or repaired,
off-street parking or loading facilities equivalent to any maintained at the time of such
damage or destruction shall be restored or continued in operation. In no case shall it be
necessary to restore or maintain parking or loading facilities in excess of those required by
this Article for equivalent new uses or construction.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-1
6.3
C.
Submission of Site Plan – Any application for a building permit, or for a certificate of
occupancy where no building permit is required, shall include a site plan, drawn to scale
and fully dimensioned, showing parking or loading facilities to be provided in compliance
with this Article.
D.
Time of Completion – Off-street parking and loading facilities, as required by this Article,
shall be constructed at the time of erection, establishment, alteration, or enlargement of the
building, structure or use of land for which they are required to serve and be available for
use no later than the time the premises are utilized for their intended use.
REGULATIONS AND REQUIREMENTS:
A.
B.
Location of Parking Facilities – Unless otherwise approved as a part of a special use
permit, parking shall be located as follows:
(1)
Residential Districts – All required parking spaces for residential uses shall be
located on the same lot as the building or use served. Parking shall be permitted on
private residential driveways provided no such parking may encroach onto the
public right-of-way.
(2)
Non-Residential and R-3 Districts – All required parking for non-residential uses,
apartments and condominiums shall be located on the same lot as, or within six
hundred (600) feet walking distance of the entrance to the building or use served.
However, off-street parking for business uses shall not be located in a residential
zoning district. Perimeter yards for off-street parking and off-street loading
facilities shall be as set forth in Article IV. Section 4.6. GENERAL
PROVISIONS for all non-residential uses. (Am. Ord. 946, passed 6-1-2015)
Joint Parking Facilities:
(1)
Collective Provisions – In any zoning district where compatible, collective offstreet parking facilities are available to serve different buildings, structures or uses,
joint parking may be permitted by the Village. The aggregate number of spaces
provided shall not be less than the sum of the spaces required for each use
separately in accordance with Section 6.5. No parking or load space shall serve as
the required space for more than one (1) use. However, the Zoning Official may
authorize an administrative adjustment that reduces the off-site parking
requirements for each participating commercial property by 10%. In order to
approve such an administrative adjustment, the Zoning Official must find that:
(Am. Ord. 946, passed 6-1-2015)
(a)
The collective parking facility is located within 600 feet of each of the uses
as measured from the entrance of each use to the nearest parking space in
the facility.
(b)
There are convenient, visible pedestrian connections between the facility
and all of the sharing properties.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-2
(2)
C.
D.
Shared Parking – The total number of spaces provided may be less than the sum
of the separate parking requirements specified in the SCHEDULE OF OFFSTREET PARKING REQUIREMENTS, Section 6.5 of this Ordinance, for each
building or use, provided that:
(a)
The parking to be provided for individual land uses shall reflect the actual
peak demand for parking as defined by Ordinance.
(b)
The land uses and the shared parking facility shall be located close enough
to one another, so that individuals would be willing to walk to each use
from most points in the parking facility.
(c)
Parking spaces to be shared shall not be reserved for certain individuals or
groups on a 24-hour basis.
(d)
Any subsequent change in land uses within the shared parking area shall
require a new occupancy permit, and proof that sufficient parking shall be
made available.
(e)
The users of the shared parking facility shall sign an agreement, approved
by the Village Attorney, expressing the intent to share parking facilities
and shall file this agreement with the Village. Any such agreement shall
apply to the property of concern regardless of change in ownership and
shall be recorded by the Macon County Recorder’s Office.
(f)
Approval is obtained from the Zoning Official that confirms that the use of
such facility by each user does not take place at the same hours during the
same days of the week. (Am. Ord. 946, passed 6-1-2015)
Access:
(1)
Except on lots accommodating single-family dwellings, each required off-street
parking space shall open directly upon an aisle or driveway of such width and
design as to provide safe and efficient means of vehicular access to such parking
space. Off-street parking facilities shall be designed with appropriate means of
vehicular access to a street or alley in a manner which will least interfere with
traffic movements.
(2)
All areas providing for off-street parking facilities shall open directly upon an aisle
or driveway not less than nine (9) feet wide for single-family, and twelve (12) feet
wide for all other dwelling units, or provide such additional width and design as
shown in the "Off-Street Parking Chart".
Floor Area – For the purpose of determining off-street parking and off-street loading
requirements, floor area shall be calculated as the sum of the gross horizontal area of the
several floors of the building or buildings, excluding:
(1)
Areas used for off-street parking and loading facilities.
(2)
The horizontal areas of the basement that are devoted exclusively to uses accessory
to the operation of the entire building.
(3)
The horizontal areas of boiler and mechanical rooms used for heating ventilating
and air conditioning equipment.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-3
E.
F.
G.
Computation:
(1)
When determination of the number of off-street parking spaces required by this
Article results in a requirement of a fractional space, any fraction of one-half (½) or
less may be disregarded while a fraction in excess of one-half (½) shall be counted
as one parking space.
(2)
If a particular use is not listed in the SCHEDULE OF OFF-STREET PARKING
REQUIREMENTS, Section 6.5 below, the Zoning Official shall determine the
parking requirements. Such a decision shall be based on the requirements for
similar uses. (Am. Ord. 946, passed 6-1-2015)
Size:
(1)
Required parking for single-family residential uses, including single-family
detached, attached or duplex dwellings, shall be at least 9' x 21'.
(2)
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. Of the
total number of required parking spaces for a parking lot, up to 25% of the total 90
degree angle spaces in a parking lot can be designated and marked as compact
spaces. Compact parking spaces at 90 degree angles shall be a minimum of 8.5
feet wide and 16 feet long. (Am. Ord. 951, passed 7-6-2015)
(3)
The number and dimension of parking spaces to be set aside for the handicapped
shall be provided in accordance with the standards of the Illinois Capitol
Development Board, as set forth in "Accessibility Standards, Illustrated", as may
be amended from time to time.
Design:
(1)
Surface:
(a)
Material – All off-street parking areas shall be improved with a hard
surfaced, all-weather dustless material as approved by the Village. Semipervious materials such as grass-crete and brick pavers may also be used.
(b)
Striping – The surface of a parking lot containing four (4) or more spaces
shall be striped to clearly define spaces and drive aisles. Proposed striping
shall be subject to approval by the Village Engineer.
(2)
Curbing – All off-street parking facilities consisting of twelve (12) or more
spaces, shall be improved with curbing, as approved by the Village Engineer.
(3)
Lighting – Required submittals and standards for parking lot lighting are included
in Article IV, Section 4.6, GENERAL PROVISIONS FOR ALL NONRESIDENTIAL USES, of this Zoning Ordinance:
(a)
Parking lot lighting shall be required for lots with more than twelve (12)
spaces which are used at night.
(b)
Lighting shall be extinguished one-half hour after the close of business,
except as may otherwise be permitted or required by the Village Board.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-4
(4)
(5)
Screening and Landscaping:
(a)
Screening of required off-street parking and off-street loading spaces shall
be provided according to standards set forth in Article IV, Section 4.6,
GENERAL PROVISIONSFOR ALL NON-RESIDENTIAL USES of
this Zoning Ordinance.
(b)
Unless otherwise approved by the Village Board, an area equal to not less
than one (1) 9' x 18' space for every twenty-five (25) parking spaces, shall
be set aside for a landscaped island, or a landscaped area between the
parking lot and the building it serves, to create visual relief and soften the
expanse of pavement:
All interior landscaped islands shall be curbed to prevent the
destruction of such areas by vehicles. The island may have at
most two breaks, as approved by the Village Engineer, in the curb
to serve as a stormwater management system for the parking lot.
(Am. Ord. 946, passed 6-1-2015)
(ii)
An area between two (2) and five (5) feet above ground shall be
kept clear of plant growth, except for tree trunks, in order to assure
that pedestrians and automobiles will be visible to a motorist at all
times.
(iii)
Interior landscaping shall include, at a minimum, one deciduous
street tree for each twenty-five (25) parking spaces. Trees shall be
not less than three (3) inches in caliper, as measured twelve (12)
inches above grade, when installed.
(iv)
All landscaping shall be permanently maintained in good
condition with at least the same quality of landscaping as initially
installed.
Access Control and Signage:
(a)
(6)
(i)
There shall be no more than one (1) entrance and one (1) exit or one (1)
combined entrance and exit along any street unless additional entrance/exit
is approved by the Village Board.
(i)
One-way driveways shall be clearly marked with appropriate
entrance and exit signs.
(ii)
If, in the opinion of the Village Engineer, traffic in the vicinity of
the site warrants the restriction of turning movements or access to
and from a parking facility, signs or driveway modifications
necessary to accomplish said restrictions shall be provided.
Repair and Service:
(a)
No motor vehicle work or service of any kind shall be permitted within
any off-street parking facility that is four (4) or more spaces in size.
(b)
No gasoline or motor oil shall be sold in any accessory off-street parking
facility.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-5
6.4
OFF-STREET PARKING CHART:
Parking
Aisle
P
90o
60o
45o
0o1
Curb
Length
C
9.0'
10.4'
12.7'
24.0'
C
Stall
Depth
S
18.0'
20.0'
19.1'
24.0'
NOTES: These standards are for
a 9'x 18' parking space
Stall
Width
W
9.0'
9.0'
9.0'
9.0'
Aisle
Width
A
24.0'
16.0'
12.0'
12.0'
Bay
Width
B
60.0'
56.0'
50.2'
1
Parallel parking. Assumes one-way traffic flow.
6.5
SCHEDULE OF OFF-STREET PARKING REQUIREMENTS:
Accessory off-street parking spaces shall be provided as required for the following uses:
Use
Residential:
Assisted Living Facility
Congregate Care Housing
Parking Standards
.25 per bed plus 2 per 1,000 sq. ft. of office area
1 space per each 2 bedroom, plus spaces for accessory uses
according to this Ordinance
Group Housing:
Independent Living Facility
Single-Family Residential
.25 per bed plus 2 per 1,000 sq. ft. of office area
1.5 spaces per dwelling unit
2 spaces per dwelling unit
Townhomes, Two-Family
Dwellings and Multiplexes
2 spaces per dwelling unit, plus 0.25 spaces per dwelling unit for
visitor parking
Apartments
2 spaces per dwelling unit, plus 0.25 spaces per dwelling unit for
visitor parking
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
Retail and Service Use:
Banks and Financial Institutions
Bed and Breakfast
Convenience Food Store
(Am. Ord. 2016-3, passed 3-7-2016)
3 spaces per 1000 square feet of floor area, plus 4 stacking spaces
for each drive-up window provided
1 space per sleeping room, plus 2 spaces for the permanent
residents
1 space per 300 square feet of floor area
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-6
Use
Parking Standards
Child Care Center
(Am. Ord. 2016-3, passed 3-7-2016)
1 space per employee plus 1 space per 6 children at maximum
capacity
Delicatessen
Dry Cleaner
Farm and Garden
Supply/Nursery Retail Sales
6 spaces per 1000 square feet of floor area
2 spaces per 1000 sq. ft.
4 spaces per 1000 square feet of floor area, 1 space per each 1,000
square feet of outdoor sales area
Funeral Home
10 spaces for each area where a funeral or wake may take place, 1
space per employee, plus 1 space per vehicle owned, leased or
rented
(Am. Ord. 2016-3, passed 3-7-2016)
Furniture Store
Grocery Store
Hair Salon
(Am. Ord. 2016-3, passed 3-7-2016)
Hotels/Motels
Kennel
Laundromat
Home Improvement
Store/Lumber Yard
Mobile Home Dealers
Contractor's Service
Establishment
Printing and Publishing
1 space per 1000 square feet of floor area
5 spaces per 1000 square feet of floor area
2 spaces per chair
1 space per room, 1 space per employee, plus additional spaces for
accessory uses as required by this Ordinance
1 space per 400 square feet of floor area, but no fewer than four
spaces
1 space per two washing machines
3 spaces per 1000 square feet of floor area, plus 1 space per 3000
square feet of outdoor sales area
5 spaces per 1,000 square feet of floor area, plus 1 space per each
2,000 square feet of outdoor sales area
4 spaces per 1000 square feet of floor area
3 spaces per 1000 square feet of floor area
Private Club and Lodge
1 space per 3 person capacity
Produce Stand
5 spaces for each stand
Restaurant, Fast Food
1 space per 3 person capacity, plus 6 stacking spaces for each driveup window through which food and/or drink is dispensed
Restaurant, Sit-Down/Family
1 space per 3 person capacity
Restaurant, with live
entertainment and dancing
1 space per 2 person capacity
Retail Store
4 spaces per 1000 square feet of floor area
Veterinary Clinic and Animal
Hospital
1 space per 400 square feet of floor area
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-7
Use
Parking Standards
Offices:
Office (Business, Professional
and Governmental)
3 spaces per 1000 square feet of floor area
Medical Office/Clinic
1 space per 250 square feet of floor area
(Am. Ord. 2016-3, passed 3-7-2016)
(Am. Ord. 2016-3, passed 3-7-2016)
Automotive/Service:
Car Wash (manual)
1 space per employee, plus 4 stacking spaces per washing bay
(includes bay)
Car Wash (automatic)
1 space per each employee, plus stacking spaces equal to 5 times
the capacity of the washing bays
Motor Vehicle Repair and/or
Service
2 per service bay, plus 2 per 1000 square feet office and public
waiting area, plus 1 space per vehicle owned, leased, or rented
Motor Vehicle Sales and/or
Service
Oil Change Shop
2.5 spaces per each 1,000 square feet of floor area, plus 1 space per
each 2,000 square feet of outdoor sales area
3 spaces per service bay, excluding service bay
Service Station (full service)
1 space per each gasoline service bay (not including the bay), 2
spaces per repair service bay (not including the bay), 1 space per
employee, plus 1 space per vehicle owned or leased
Gas Station (self-serve)
3 spaces per 1000 square feet of floor area devoted to retail sales
(Am. Ord. 2016-3, passed 3-7-2016)
Religious/Institutional:
Cemetery
4 spaces per 1,000 sq. ft. of office and/or chapel space
College or University
1 space per each employee, plus 1 space per each 4 students
1 space per each 4 seats, or 1 space per each 90 lineal inches seating
capacity in main chapel or auditorium, based on design capacity
1 space per each 4 beds, plus 1 space per employee
Church or Synagogue
Convalescent Center
Elementary School
High School
Hospital
Library
Police or Fire Station
1 space per each faculty member and other fulltime employee; plus
1 space per each 2 classrooms for visitors;
1 space per each fulltime employee, plus one space per each 7
students, based on design capacity
1 space per each 2 beds
1 space per 300 square feet of floor area
1.5 spaces per each employee
Post Office
4 spaces per 1000 square feet of floor area, plus 1 space per each 3
employees
Religious Retreat
1 space per 5 residents plus 1 space per non-resident employee, plus
visitor parking as recommended by the Village Board
Trade School
1 space per each 2 students, plus 1 space per each two employees
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-8
Use
Parking Standards
Recreational/Civic:
Art Gallery
2 spaces per 1000 square feet of floor area
1 space for each four seats or 1 space per each 50 square feet of
Auditorium/Assembly Hall
floor area, where there is no fixed seating
Ball Field
20 per playing field
Billiard/Pool Hall
5 spaces per 1000 square feet of floor area
5 spaces per lane, plus additional spaces for accessory uses as
Bowling Alley
required by this Ordinance
4 spaces per 1000 square feet of floor area, plus 1 space per
Community Center
employee
Game Rooms
5 spaces per 1000 square feet of floor area
4 spaces per hole, plus 1 space per employee, plus any additional
Golf Course
(Am. Ord. 2016-3, passed 3-7-2016)
spaces for accessory uses as required by this Ordinance
2 parking spaces per tee, plus one parking space per employee, plus
Golf Driving Range
additional parking for accessory uses as required by this Ordinance
Government Building
4 spaces per 1000 square feet of floor area used by the public
Gymnasium/Health Club
4 spaces per each 1000 square feet of floor area
3 spaces per court, plus one space per 200 square feet of office or
Indoor or Outdoor Racquet Court
retail floor area
Miniature Golf Course
2 spaces per hole, plus 5 spaces per 1000 square feet of floor area
Museum
1 spaces per 500 square feet of floor area
(Am. Ord. 2016-3, passed 3-7-2016)
Riding Academies and Stables
Swimming Pool
1 spaces per each horse stall
Skating Rink
Theater (indoor)
Light Industrial:
Light Industrial
Research and Development
Facility
5 spaces per each 1000 square feet of floor area
1 space per each 4 seats
(Am. Ord. 2016-3, passed 3-7-2016)
Self-Storage Facility
Warehouse
Other:
Mixed Use Building
(Ord. 945, passed 6-1-2015)
1 space per 3 person capacity
1 space per each 1000 square feet of floor area
2 spaces per 1000 square feet of floor area
4 spaces per 1000 square feet of floor area devoted to office space,
1 space per employee, 2 spaces per each resident manager, plus 1
space per each 50 storage units
1 space per each 2000 square feet of floor area
Every use type must comply with the parking standards for the
specific use listed within this table. If a use is unknown at the time
of development a minimum of 4 spaces per 1000 square feet of
floor area shall be required and a site should be able to demonstrate
the ability to locate additional parking on the site should a future
use need it to comply with the parking standards.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-9
6.6
OFF-STREET LOADING:
Every building which requires the receipt or distribution of materials or merchandise by trucks or
similar vehicles, shall be required to have off-street loading zones in accordance with
requirements of this Ordinance
A.
Location of Off-Street Loading Facilities – All required off-street loading facilities which
serve a building, structure, or use of land erected, established, altered, enlarged or
intensified after the effective date of this Ordinance shall be located on the same lot as the
building, structure or use of land to be served, unless established in accordance with the
following provisions:
(1)
(2)
Central Loading Facilities – Central loading facilities, which serve more than one
lot, may be established in accordance with the following requirements:
(a)
Each lot to be served shall have direct access to the central loading facility
without crossing streets or alleys.
(b)
The total number of off-street loading zones provided is not less than the
sum of the separate requirements for each use as specified below, in the
Schedule of Off-Street Loading Requirements, Section 6.7 of this
Ordinance.
(c)
Each lot to be served shall be no more than five hundred (500) feet from
the central loading facility.
Control of Central Loading Facilities – Whenever the required off-street loading
is collectively provided in central loading areas, written covenants and easements
running with the land assuring the retention, maintenance, and use of said central
loading facility shall be executed by the parties concerned. Such covenants and
easements shall be reviewed by the Zoning Official and Village Attorney,
approved as to content and form by the Village Board, and filed in the Office of the
Recorder of Deeds of Macon County, Illinois. (Am. Ord. 946, passed 6-1-2015)
B.
Yard Requirements – Required loading areas shall not be located in a required minimum
yard.
C.
Floor Area – For the purpose of determining off-street loading requirements, floor area
shall be calculated as described in Section 6.3 D. (Am. Ord. 946, passed 6-1-2015)
D.
Computation:
(1)
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 6.7, below. (Am. Ord. 946, passed 6-1-2015)
(2)
If, in determining the number of off-street loading zones required, the computation
results in a requirement of a fractional zone, any fraction of less than one-half (½)
may be disregarded, while a fraction of one-half (½) or more shall be counted as
one (1) loading area.
(3)
If a particular use is not listed in the Schedule of Off-Street Loading Requirements,
the Zoning Official shall determine the loading requirements of said use by
assigning the same loading facility requirements as another use which is deemed to
be similar in nature to, and compatible with, said unlisted use. (Am. Ord. 946,
passed 6-1-2015)
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-10
E.
6.7
Design:
(1)
Surfacing – Loading areas shall be striped to clearly define these areas, and
discourage automobile parking. Proposed striping shall be subject to approval by
the Village Engineer.
(2)
Curbing – All loading areas shall be improved with concrete curbing, as approved
by the Village Engineer.
(3)
Screening:
(a)
Landscape screening shall be provided for all unenclosed loading areas
that are adjacent to aresidential or institutional use, or are visible from a
public right-of-way according to standards set forth in Article IV, Section
4.6, GENERAL PROVISIONSFOR ALL NON-RESIDENTIAL
USES of this Ordinance.
(b)
Landscaping shall be permanently maintained in good condition with at
least the same quality of landscaping as initially installed.
SCHEDULE OF OFF-STREET LOADING REQUIREMENTS:
Off-Street loading berths shall be provided on the basis of gross floor area in accordance with the
following table. Loading zones/berths shall be signed and striped to discourage automobile
parking.
Required Number and
Gross Floor Area
Minimum Horizontal
Use
In Square Feet
Dimensions of Berths
Hospitals, sanitariums, nursing
10,000 to 100,000
1 (12' x 60')
homes, assisted living
For each additional
1 additional (12' x 60')
100,000 or fraction
thereof
Auditoriums, bowling alleys, and
civic buildings
100,000 to 200,000
For each additional
100,000 or fraction
thereof
1 (12' x 60')
1 additional (12' x 60')
Hotels, clubs and lodges when
containing any of the following:
retail shops, convention halls,
auditoriums, exhibition hall, or
business or professional offices
10,000 to 20,000
20,000 to 150,000
For each additional
150,000 or fraction
thereof
1 (12' x 60')
2 (12' x 60')
1 additional (12' x 60')
Retail/wholesale stores and
service uses
less than10,000
10,000 to 25,000
25,000 to 40,000
40,000 to 100,000
For each additional
150,000 or fraction
thereof
0
1 (12' x 60')
2 (12' x 60')
3 (12' x 60')
1 additional (12' x 60')
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-11
Use
Establishments dispensing food
or beverages for consumption on
the premises
6.8
Gross Floor Area
In Square Feet
5,000 to 10,000
10,000 to 25,000
25,000 to 40,000
40,000 to 100,000
For each additional
100,000 or fraction
thereof
Required Number and
Minimum Horizontal
Dimensions of Berths
1 (10’x25’')
1 (12' x 60')
2 (12' x 60')
3 (12' x 60')
1 additional (12' x 60')
Offices – business,
Professional, and governmental
100,000 to 200,000
For each additional
100,000 or fraction
thereof
1 (12' x 60')
1 additional (12' x 60')
Industrial uses
5,000 to 40,000
40,000 to 100,000
For each additional
100,000 or fraction
thereof
1 (10’x25’')
2 (12' x 60')
1 additional (12' x 60')
CARGO STORAGE CONTAINER REGULATIONS:
A.
Properties in Residential and Business Districts. Except for sites under construction, the
placement of cargo containers on residentially zoned property shall be prohibited.
B.
Properties in Agricultural, Commercial, or Office-Research Districts. The placement
of cargo containers in Agricultural, Commercial, and Office-Research Districts (AG, C-1,
C-2, OR similar uses within a PD) shall be restricted to designated off-street loading
facilities meeting the provisions enumerated in Section 6.6. Cargo containers may not
occupy a required loading berth. Where cargo containers are to be placed, pavement
marking or a change in pavement shall be provided to clearly indicate the extent of the offstreet loading facility. In no instance shall cargo containers be placed in front of the front
wall of a principal building.
C.
Properties in the Industrial Districts. The placement of cargo containers within the I-1
and I-2 Districts shall be restricted to:
D.
(1)
A concrete or asphalt surfaced area and within the buildable area of the lot; or
(2)
Designated off-street loading facilities.
Sites under Construction. For properties in which there is an active building permit
issued by the Village for a multiple-family or non-residential development, cargo
containers may be placed on a property provided that they are setback at least ten (10) feet
from all property lines. Cargo containers used for construction purposes must be
immediately removed upon completion of the construction project.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-12
6.9
DRIVE-THRU FACILITIES:
Where permitted, drive-thru facilities shall be subject to the following:
A.
Speakers at a drive-thru shall not be audible from adjacent residential uses;
B.
No drive-thru aisles shall exit directly into a public right-of-way. Aisles shall be integrated
with the on-site circulation;
C.
Drive-thru facilities shall be architecturally compatible with nearby structures;
D.
Drive-thru facilities shall provide stacking areas designed to allow for at least four (4)
stacking spaces per location where transactions are made unless a greater requirement for
stacking spaces is listed in Section 6.5; (Am. Ord. 946, passed 6-1-2015)
E.
Drive-thru facilities may only have two locations where transactions are made, excluding
banks, which may have four locations unless otherwise determined by the Planning and
Zoning Commission;
F.
Stacking space shall be provided behind each location where the transactions are made
without obstructing a public street or common drive aisle used by other businesses;
G.
Stacking spaces shall measure ten (10) by twenty (20) feet.
Forsyth Development Ordinance – Article VI – Off-Street Parking and Loading – 8/9/2013
Page 6-13
ARTICLE VII
SIGNS
SIGNS .......................................................................................................................................... 7-1
7.1
GENERAL PROVISIONS .............................................................................................. 7-1
7.2
DEFINITIONS ................................................................................................................. 7-1
7.3
GENERAL REGULATIONS .......................................................................................... 7-7
7.4
SIGNS REGULATED BY ZONING DISTRICT ......................................................... 7-13
7.5
PERMIT APPLICATION AND FEES .......................................................................... 7-22
7.1
GENERAL PROVISIONS:
A.
Applicability – The regulations set forth in this Article shall apply to and govern signs in
all zoning districts in the Village of Forsyth. No sign shall be erected, repaired, altered,
relocated or maintained except in conformance with this article unless the sign is otherwise
specifically regulated by special use provision or provisions relating to variances.
B.
Purpose – The purpose of these regulations are to:
C.
7.2
(1)
Encourage the effective use of signs as a means of identification for businesses and
organizations in the Village of Forsyth.
(2)
Regulate signs to support and complement land use and community aesthetic
objectives set forth in the Comprehensive Plan and this Ordinance.
(3)
Ensure that all signs within the Village of Forsyth are compatible with existing
land uses and buildings within the general vicinity of the sign and the community
as a whole, with regard to size, location, color, construction, materials, and manner
of display.
(4)
Permit such signs that do not confuse, mislead, inhibit traffic safety, or otherwise
endanger the public health, safety, morals, or general welfare of the Village of
Forsyth.
Off-Site – It is the intent of this Article to prohibit all off-site advertising.
DEFINITIONS:
The following words, terms and phrases used in this Article shall be defined according to the
following:
Abandoned
Sign:
Advertising
Message:
A sign which no longer directs attention to or advertises any person, business,
lessor, owner, product, idea, place, activity, institution, or service which is
conducted or available.
The words on a sign describing products or services being offered or available to
the public.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-1
Animated
Sign:
A sign that incorporates or includes movement either
physically or electronically with lights or figures.
Area of Sign: Sign area shall be the gross surface area within a single
continuous perimeter composed of a single rectangle
enclosing the extreme limits of characters, lettering,
illustrations, ornamentations, or other figures, together
with any material, or color forming an integral part of
the display or to differentiate the sign from the
background to which it is placed. Structural supports
bearing no sign copy shall not be included in gross
surface area.
Attached Sign: A sign, which is structurally connected to a
building or depends upon that building for
support. (Am. Ord. 946, passed 6-1-2015)
Awning:
Background
Area:
A temporary shelter supported entirely from the
exterior wall of a building and composed of
non-rigid materials except for the supporting
framework when an awning contains, embodies
or displays any words, trademark, logo
illumination
or
similar
representation,
these
elements shall constitute a
"sign".
The entire area of a sign on
which copy could be placed,
as opposed to the copy area,
when
referred
to
in
connection with wall signs.
Awning Sign
Banner:
A sign made of paper, plastic, or fabric of any
kind which is intended to be hung either with or
without a frame, with or without applied
characters, letters, illustrations, or ornamentations,
excluding national, state or governmental flags.
Beacon:
A stationary or revolving light (also known as a
"searchlight") which flashes or projects
illumination, single color or multi-colored, in any
manner which is intended to attract or divert
attention. This term is not intended, however, to include any kind of lighting
device which is required or necessary under the safety regulations described by the
Federal Aviation Administration or similar agencies.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-2
Billboard:
A sign which advertises a business service, organization, event, person, place, or
thing, not offered at or relating to the zoning lot upon which the sign is placed.
Building Face
or Wall:
The wall and window area of a building in one plane or elevation.
Building
Frontage:
The linear length of a building facing the right-of-way.
Business
Frontage:
The frontage of a lot on a public right-of-way or privately owned circulation road.
Canopy:
Changeable
Copy:
Construction
Sign:
Decal Sign:
Directional
Sign:
A structure other than an awning made of cloth, metal or other materials with
frames affixed to a building and carried by a frame which is supported by the
ground. When a canopy contains, embodies or displays any words, trademark, logo
lighting or similar representation, those elements constitute a sign.
Letters, numerals, or other graphics which are
not permanently affixed to a structure and/or set
for permanent display, and are intended to be
alterable through manual means.
Any sign announcing the names of architects,
engineers, contractors, or other individuals or
firms involved with the construction, alteration,
or repair of a building. (Am. Ord. 2016-3,
passed 3-7-2016)
A type of window sign placed on the interior or exterior of a window using
adhesive. (Am. Ord. 2016-3, passed 3-7-2016)
A sign which directs the reader to public parks, buildings, historical structures or
areas, schools and other public institutions; or provides information concerning
traffic circulation or parking. (Am. Ord. 2016-3, passed 3-7-2016)
Double-Faced
Sign:
A sign consisting of no more than two parallel faces supported by a single
structure. (Am. Ord. 946, passed 6-1-2015)
Electronic
Message Signs: A sign that uses changing lights to form a message or messages wherein the
sequence of messages and the rate of change are electronically programmed and
may be modified by electronic processes.
Facade:
The face of a building from grade to the top of the roof or parapet in height, and
from side wall to side wall or front wall to rear wall in width.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-3
Flashing
Sign:
Freestanding
Sign:
Grand
Opening:
Height of a
Sign:
Any sign which contains an intermittent or flashing light source, or which includes
the illusion of intermittent or flashing light by means of animation, or an externally
mounted intermittent light source. Automatic changing signs such as the public
service time, temperature and date signs, or electronically controlled message
centers shall be classified as "changeable copy signs", not "flashing signs".
Any sign supported by structures or supports
that is placed on, or anchored in, the ground,
and are independent from any building.
Monument
Sign
A publicized event at which a new
establishment announces its opening to the
public for no more than 30 calendar days. (Am.
Ord. 2016-3, passed 3-7-2016)
(not attached
to building)
The vertical distance from the upper surface of the nearest street curb (other than
an elevated roadway), to the highest point of the sign.
Illuminated
Sign, External: Any sign which is illuminated by lamps not installed
on or within the sign face.
Illuminated
Sign, Internal: Any sign which is illuminated by means of light
transited through the sign face.
Internally
illuminated signs include signs where the lamps are
mounted on the sign face.
Menu Board
Sign:
Monument
Sign:
A permanent sign used to inform the public of the list
of food and drink items available at a restaurant,
including the corresponding prices. Menu boards are
typically associated with a drive-through facility.
Any sign where the bottom side of the sign is placed, or mounted on a base at least
as wide as the sign that is permanently placed, on the ground. A monument sign
shall have no visible posts, poles, pylons, or other supports designed to raise the
sign above the ground. Monument signs are also referred to as ground signs.
Non-Conforming
Sign (Legal): A non-conforming sign shall be any sign which:
(1)
Was lawfully erected and maintained prior to such time as it came within
the purview of this Article and any amendments hereto, and which fails to
conform to all applicable regulations and restrictions contained in this
Article; or
(2)
A non-conforming sign for which a permit has been issued.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-4
Obscene:
Statements, words, suggestions, or pictures of an indecent
or immoral character, such as will offend public morals
or decency.
Parapet:
That portion of the wall of a building that rises above the
roof level.
Pennant:
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from
a rope, wire, or string, usually in a series, designed to
move in the wind.
Pole Sign:
A sign mounted on one or more freestanding pole(s)
or pylons.
Portable
Sign:
Projecting
Sign:
Residential
Development
Sign:
Roof Sign:
Roof Sign,
Integral:
Any sign not permanently attached to the ground or
other permanent structure, or a sign designed to be
transported, including, but not limited to:
(1)
Signs designed to be transported by means
of wheels.
(2)
Signs converted to "A" or "T" frames.
(3)
Sidewalk signs.
Any sign affixed to a building or wall in such a
manner that its leading edge extends more than
twelve inches beyond the surface of such building or
wall.
Permanent residential development signs at major
entrances designed to identify a residential
subdivision, and containing no advertising.
Any sign erected, constructed, and maintained entirely
or partially upon or over the roof of any building, with
the principal support on the roof.
Any sign erected or constructed as an integral or
essentially integral part of a normal roof structure of any
design, such that no part of the sign extends vertically
above the highest portion of the roof and such that no
part of the sign is separated from the rest of the roof by a
space of more than six inches.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Roof Sign
Page 7-5
Setback:
For the purpose of this Article, the setback of a sign shall be defined as the shortest
horizontal distance between a property line and the closest edge of a sign, including
the structure and base:
(1)
Where a property line extends into a street right-of-way, the setback of a
sign shall be the shortest horizontal distance between the closest edge of a
sign, including the structure and base, and the back of the curb of the
adjacent street.
(2)
Where a sign is located along an access drive, the setback of a sign shall be
the shortest horizontal distance between the closest edge of a sign,
including the structure and base, and the back of curb of the adjacent
access drive.
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.
Sign Face:
The entire area of a sign on which copy could be placed.
Sign Type:
A functional description of the use of an individual sign. (Am. Ord. 946, passed 61-2015)
Temporary
Sign:
A sign installed, affixed, or maintained for a short, fixed, period of time.
Tenant
Identification
Sign:
A sign used where more than one business occupies a building or development, for
the sole purpose of identifying which businesses are located within that building or
development.
Unlawful
Sign:
Vehicular
Signs:
Wall Sign:
Window
Sign:
A sign which does not meet the terms of this Article or which the Village has
declared to be unlawful because it poses a danger to public safety by reason of
dilapidation or abandonment; a non-conforming sign for which any permit required
under any previous ordinance was not obtained.
Any advertising or business
sign attached to or painted on a
motor vehicle or trailer, which
is parked or placed in position
for display to the public.
A sign which is placed against a
building or other structure and
which is attached to the exterior
of a building.
A sign that is posted on the interior or exterior of a window of a building or
structure which is intended to be read from the exterior of the building or structure.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-6
7.3
GENERAL REGULATIONS:
A.
Prohibited Signs – The following signs shall be expressly prohibited:
(1)
Inflatable signs and tethered balloons.
(2)
Pennants.
(3)
Strings of lights, except those exempt by the terms of this Article (see Decorations
and Displays Section 7.3 C(3)). (Am. Ord. 946, passed 6-1-2015)
(4)
Flashing lights.
(5)
Obscene signs.
(6)
Billboards.
(7)
Signs that resemble or conflict with traffic signs and may mislead people. (Am.
Ord. 946, passed 6-1-2015)
B.
Authorization by Owner – Except as provided in Section 7.3C, no person shall erect,
alter, or relocate any sign within the Village without first obtaining the express consent of
the owner of the land upon which the sign shall be erected, altered or relocated, in addition
to obtaining a sign permit from the Village.
C.
Signs Not Requiring Permits – No permits shall be required for the following signs when
erected or displayed as set forth below and in accordance with all other requirements of the
zoning district in which they are located. Except as noted, such signs shall not be
illuminated, except as expressly permitted before, and shall not be placed in or otherwise
erected upon any public right-of-way, nor be attached to any building, tree or structure.
(1)
Interior Signs – Any sign which is completely within an enclosed building and
which is not visible from outside the building.
(2)
Monuments and Markers – Tablets, grave markers, headstones, statuary, or
remembrances of persons or events which are non-commercial in nature.
(3)
Decorations and Displays – Non-commercial decorations or displays celebrating
the occasion of legal or religious holidays and which are erected and/or maintained
for a period of less than forty-five (45) days. Such decorations or displays may be
illuminated. Upon expiration of said forty-five (45) day period, such decorations
or displays shall not be reinstalled for a period of six (6) months.
(4)
Real Estate Signs – Signs used to offer for sale, lease or rent the property upon
which the sign is placed.
(5)
No Trespassing and No Dumping Signs – No trespassing or no dumping signs not
exceeding two (2) square feet in area per sign.
(6)
Political Signs:
(a)
Signs or posters announcing or describing candidates seeking public
political office, announcing or describing political issues and data pertinent
thereto.
(b)
Such signs shall contain a sign surface area not to exceed sixteen (16)
square feet.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-7
(7)
Garage/Rummage Sale Signs – Temporary signs announcing the sale of new or
used personal property from a private residence where the sale activity is
occasional and infrequent and not associated with a permanent commercial
establishment.
(8)
Employment or Help Wanted – Employment or help wanted signs which are
placed on the premises of the establishment which intends to employ the personnel
described in the sign.
(9)
D.
E.
(a)
Employment or help wanted signs shall, in the aggregate, not exceed four
(4) square feet for any one establishment.
(b)
No more than two (2) such signs shall be displayed for any one (1)
establishment.
Window Signs – Window signs describing or advertising a retail sale, promotion,
or special sale or event, shall be subject to regulations in Section 7.4 C(5).
Illumination – In addition to other applicable requirements set forth in this Article, all
illuminated signs must comply with the following provisions:
(1)
With the exception of changing signs (automatic) as defined herein, all illuminated
signs within one hundred fifty (150) feet of any residential zoning district shall be
turned off between the hours of eleven (11:00) P.M. and seven (7:00) A.M. unless
the establishment is engaged in the operation of business during such period, in
which case the sign may be lit during the hours of operation only.
(2)
Illumination shall be installed or applied only through a translucent surface; or
recessed into the sign structure; or if the light source is external to the sign, directed
to and concentrated on the sign.
(3)
Signs shall be shaded as necessary to avoid casting a bright light upon property
located in any residential district or upon any public street or park.
(4)
Floodlights, gooseneck reflectors, or other external sources of illumination shall be
contained within a protective casing.
Vertical and Horizontal Extension:
(1)
Any sign placed flat against a wall, mansard roof, canopy or awning shall not
extend more than twelve (12) inches beyond any vertical corner edge of such wall,
canopy, awning, roofline or parapet;
(2)
In addition to the above requirements, placement of any wall sign must meet the
following provisions:
(a)
Signs shall not project beyond the edges of the wall or roof surface to
which it is affixed.
(b)
Signs shall not project from the wall on which they are mounted, in such a
manner as to pose an obstruction or hazard to pedestrians or vehicles.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-8
F.
Sign Placement:
(1)
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 rightof-way, tree, utility pole, traffic
standard or other public sign
standard.
(Am. Ord. 946,
passed 6-1-2015)
(2)
Corner Lots – No sign having a
height of more than thirty (30)
inches above the crown of the
adjacent streets shall be
constructed or placed within a
triangular area of twenty-five
(25) feet from the point of
intersection of the two (2) street
right-of-way lines forming such
corner lot.
(3)
G.
Driveways – No sign
having a height of more
than thirty (30) inches
above the driveway edge
shall be placed within a
triangular area created by a
line connecting points
along the public right-ofway and the outer edge of
a driveway, which points
are established ten feet
distant
from
the
intersection of the right-ofway
(typically
the
sidewalk) and the outer
edge of the driveway.
Corner Lot Vision Triangle
Driveway Vision Triangle
Planned Unit Development Signs – Signs located within a planned unit development shall
be governed by those standards set forth in the underlying zoning district. Such standards
may, however, be modified by the Village Board in accordance with the provisions of the
Planned Unit Development Section of this Ordinance (Article V) of the Village of Forsyth.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-9
H.
Flags – Unless recommended by the Planning and Zoning Commission and approved by
the Village Board, flags other than those of any nation, state, political subdivision, or noncommercial flags which represent a not-for-profit affiliation or institution shall be
prohibited. There shall be a maximum of three (3) flag poles for each zoning lot:
(1)
(2)
The height of a flag pole shall be in proportion to the scale of the building to which
it relates, and in no case shall be higher than the following height limitations:
Building, 1-2 stories
20 foot pole
Building, 3-5 stories
25 foot pole
Building, 6-10 stories
35 foot pole
The vertical length of a permitted flag on a flag pole shall not exceed one-third
(1/3) the length of the pole upon which it is hung. All flags are to be maintained in
an orderly fashion. Torn flags shall be taken down and replaced.
I.
Inspection – Every new sign requiring a permit in the Village of Forsyth shall be subject to
a general inspection; electrical inspection; footing inspection; and any other inspection(s)
deemed necessary by the Village.
J.
Maintenance – Every sign in the Village of Forsyth, regardless of whether any permit is
required for such sign, shall be maintained in a safe, presentable and good structural
condition at all times, including the replacement of nonfunctioning, broken or defective
parts, painting, repainting, cleaning and any other acts required for the maintenance of such
sign. All signs and sign supports shall be kept painted or otherwise treated to prevent rust,
rot, or deterioration.
K.
Abandoned and Obsolete Signs:
L.
(1)
Any sign which no longer identifies a bonafide business, activity, event, service
conducted, or product sold on the premises where the sign is located, shall be taken
down by the owner of the building, structure or property upon which said sign is
located. In lieu of complete sign removal, an abandoned or obsolete sign may have
a blank white or black panel inserted into the sign frame provided the sign
otherwise meets all requirements of this ordinance. Legal non-conforming multitenant or directory signs may remain in place if partially abandoned or obsolete,
provided at least one advertised business is still in operation at that location.
(2)
If such sign is not removed, the Village shall issue written notification to the owner
of the building, structure or property, and the sign shall be removed within sixty
(60) days of receipt of such notification.
Non-Conforming Signs – It is reasonable that special conditions be placed upon the
continuance of existing non-conforming signs. This special non-conforming program
permits the current owner to continue using the non-conforming sign while at the same
time assuring that the district in which the non-conforming sign exists will eventually
comply:
(1)
Continuance of Non-Conforming Signs – Subject to the termination provisions of
this Article, any non-conforming sign may be continued in operation and
maintained after the effective date of this Ordinance provided, however, that no
such sign shall be changed in any manner; and, provided further, that the burden of
establishing a sign to be non-conforming under this Article rests entirely upon the
person or persons, firm or corporation claiming a non-conforming status for a sign.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-10
(2)
(3)
Termination of Non-Conforming Signs:
(a)
By Abandonment – Abandonment or cessation for a period of ninety (90)
days or the change of the principal use to which the non-conforming sign
is accessory shall terminate immediately the right to maintain such sign.
(b)
By Violation of the Ordinance – Any violation of the provisions of this
Article shall terminate immediately the right to maintain a non-conforming
sign.
(c)
By Destruction, Damage, or Obsolescence – The right to maintain any
non-conforming sign shall terminate whenever the sign:
(i)
Is damaged or destroyed, from any cause whatsoever, to the extent
that its repair or replacement cost exceeds fifty (50) percent of its
replacement cost as of the date it became non-conforming; or
(ii)
Becomes obsolete or substandard under any applicable ordinance
of the Village; or
(iii)
Becomes a hazard or a danger to the safety or welfare of the
general public.
(d)
By New Ownership, or Change in Tenant or Use – Transfer of ownership,
or change in the use or tenant shall terminate immediately the right to
maintain a non-conforming sign. The new owner has 180 days from close
of sale within which to bring the non-conforming sign into compliance.
(e)
By New Development on the Zoning Lot – Where new construction
occurs on a zoning lot, any non-conforming sign which may exist on said
lot shall be removed or modified as necessary to conform to the
requirements of this Article. This shall occur before permits are issued for
site development and building construction on the premises.
(f)
By Redevelopment – Non-conforming signs which are moved or affected
by the redevelopment of a property; facade improvement program; or
roadway widening shall not be reinstalled, but shall instead be brought into
conformance with all elements of this code.
Notification to Remove:
(a)
If the Village finds that any sign is unsafe or insecure, or is a menace to the
public, or has been constructed or erected or is being maintained in
violation of the provisions of this Article, the Village shall issue written
notice of such condition or violation to the person to whom the permit for
said sign has been issued.
(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 postmark on the notice of violation of the certified mail. (Am. Ord.
946, passed 6-1-2015)
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-11
M.
(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 fifteen (15) days
of the postmark on the notice of violation of the certified mail, the Village
may remove or alter the sign at the expense of the owner. (Am. Ord. 946,
passed 6-1-2015)
(d)
The cost of removing the sign may be recovered by the Village of Forsyth
through any appropriate legal proceeding or by assessment against the
property. The cost of removal shall be deemed to include any and all
incidental expenses, as well as all direct and indirect costs, incurred by the
Village in connection with removal of the sign.
(e)
The Village may cause any sign which is an immediate peril to persons or
property to be removed summarily and without notice.
(f)
The Village shall not issue any sign permit to any person who refuses to
pay costs or expenses incurred by the Village in removing or altering any
sign for which they have previously obtained a permit, regardless of
whether legal proceedings have been initiated for the purpose of
recovering such costs.
Vehicles With Signs – Any vehicle or trailer sign shall be exempt from the regulations of
this Article, except for the following:
(1)
The overnight parking of any vehicle or trailer bearing a sign shall be permitted at
the private residence of the vehicle operator or at the location of the business.
(2)
The intentional parking of any vehicle bearing a sign in such a way or in such a
location that the vehicle functionally serves as a sign, advertising or directing
viewers to the business or activity to which the signage refers, shall be prohibited.
(3)
The parking of any vehicle or trailer bearing a sign in public view which is not in
operating condition and/or lacks a current registration shall be prohibited.
N.
Development Ordinances – The Village Board may execute ordinances for individual
developments which contain specific language and regulations for project-related signage.
Where this occurs, and sign requirements set forth in the development ordinance for a
specific project conflict with the standards of this Article, the terms of the development
ordinance shall take precedence.
O.
Electronic Message Signs – Electronic Message Signs require a Special Use permit. Any
Electronic Message Sign must comply with the following standards:
(1)
The maximum area of the electronic message shall not exceed fifty percent (50%)
of the total permitted sign area.
(2)
The frequency of the message change shall not exceed once every ten (10) seconds.
The message shall not flash, but may scroll into place.
(3)
The brightness of the display shall not exceed the levels specified below.
(4)
Prior to issuing a permit for an electronic message sign, applicant shall provide a
written certification from the sign installer that the light intensity has been pre-set
not to exceed the levels specified in the chart below, and the intensity level is
protected from end-user manipulation by password-protected software or other
method deemed appropriate by the Village.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-12
Intensity Level (NITS)
7.4
Color
Amber or Red Only
Full Color
Daytime
5,000
7,000
SIGNS REGULATED BY ZONING DISTRICT:
A.
Nighttime
1,750
2,500
All Districts:
(1)
Planned Unit Development and Subdivision Identification Signs – Freestanding
monument signs shall be permitted for the purpose of identifying planned unit
developments or subdivisions in any zoning district which are three (3) acres or
more, subject to the following conditions:
(a)
Approval – Development identification signs as provided for herein shall
be approved by the Village Board;
(b)
Residential:
(c)
(i)
Residential development identification signs shall be maintained
by a Homeowners' Association or similar organization.
(ii)
Identification signs for residential subdivisions may be installed
on masonry entry monuments, which may be constructed on both
sides of the entry street.
(iii)
The height shall not exceed five (5) feet.
(iv)
The sign area shall not exceed forty (40) square feet per side,
limited to two (2) sides, or eighty (80) square feet total.
(v)
Residential development identification signs and entry monuments
shall comply with all setback requirements set forth herein.
Non-Residential:
(i)
Non-residential directory
identification signs shall
not exceed 140 square feet
per side, limited to two (2)
sides.
(ii)
Non-residential directory
identification signs shall
not exceed twenty (20)
feet in height.
(iii)
Non-residential
development identification
signs shall comply with all
setback requirements set
forth in item (d), below.
Non-Residential Directory
Sign
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-13
(iv)
(d)
Setbacks:
(i)
(ii)
(2)
(3)
Tenant identification may be provided on directory identification
signs for retail centers, provided each tenant identified on the sign
must occupy a minimum of 10,000 square feet of the gross floor
area.
All development identification signs in any zoning district shall be
set back not less than:
a.
Fifteen (15) feet from any property line.
b.
Fifteen (15) feet from the back of curb of an adjacent
access drive.
The sign shall not impede normal pedestrian movement nor
obstruct the line-of-sight for motor vehicle traffic.
(e)
Illumination – Development identification signs may be illuminated.
(f)
Landscaping – Development identification signs shall be landscaped with
trees and shrubs to blend the signs or monuments into the landscape of
which they are a part. Landscaping shall form an attractive, dense cluster
at the base of the sign that is equally attractive in winter and summer. A
minimum of two (2) square feet of landscaping will be required for every
one (1) square foot of sign face. For double-sided signs, only one side of
the sign face shall be counted towards the landscape area requirement.
Directional Signs – Signs which provide only on-site direction or information for
vehicular movement shall be permitted as follows:
(a)
Directional signs shall not exceed four (4) square feet in area, unless
otherwise approved by the Village or the Village Board.
(b)
The maximum height of any directional sign shall not exceed four (4) feet,
as measured from the top of the adjacent curb, unless otherwise approved
by the Village.
(c)
There shall be no maximum number of signs, but the number and location
of all directional signs shall be as determined by the Zoning Official as
necessary for safety.
(d)
Unless authorized by the Village, directional signs shall be set back at least
fifteen (15) feet from the edge of curb of any street or access drive.
(e)
Directional signs may be illuminated.
Construction Signs – Construction signs shall be
allowed in all zoning districts for the purpose of
identifying the construction of individual
buildings or projects as follows:
(a)
Construction signs shall not be erected
any earlier than four (4) months prior to
the actual commencement of construction.
(b)
All construction signs shall be confined to
the construction site.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-14
(c)
All construction signs shall be removed within thirty (30) days of
completion of construction and, in all cases, prior to the issuance of an
occupancy permit, unless otherwise approved by the Village.
(d)
No more than one (1) construction sign shall be allowed per street frontage
per project, unless otherwise approved by the Village Board, after review
and recommendation by the Planning and Zoning Commission at a public
meeting.
(e)
The maximum size of any construction sign shall not exceed one hundred
(100) square feet per sign face. Construction signs may be double-sided.
(f)
Construction signs shall not exceed fifteen (15) feet in height.
(g)
Construction signs shall be set back not less than:
(h)
(4)
(5)
(i)
Fifteen (15) feet from any property line.
(ii)
Fifteen (15) feet from the back of curb of an adjacent access drive.
Construction signs shall not be illuminated.
Signs Not to Constitute Traffic Hazards:
(a)
All signs, or other advertising structure, canopy or awning shall be erected
or maintained in such a manner as to maintain free and clear vision of
motorists.
(b)
No sign or other advertising structure, canopy or awning shall be permitted
which distracts the attention of the driver of the vehicle by reason of the
position, shape, or color thereof.
Temporary Non-Commercial Informational Signs – Temporary signs promoting
solely governmental, non-profit, and/or charitable functions shall be permitted as
set forth within this section. The signs shall not exceed thirty-two (32) square feet
in area and a permit shall be required for each temporary sign that complies with
the provisions of Section 7.5 and further sets forth the location of the sign, the size
of the sign and the start and end date for the placement of the sign, which may not
exceed 30 days. All such signs shall be required to comply with a five foot setback
requirement from any right-of-way. No fee shall be charged for the permit. A
sponsoring entity of a non-commercial informational sign may be eligible for up to
six (6) permits per calendar year for temporary signs as provided in this section and
no permit shall exceed thirty (30) days in length. Further, any temporary sign
herein shall not be affixed or attached to any building on the property or any
building window on the property. Notwithstanding the above, no permit shall be
required for non-commercial informational signs located within a residential
district if said sign is less than 8 square feet or less in size. (Ord. 938, passed 2-32015)
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-15
B.
Residential Districts:
(1)
Real Estate Signs:
(a)
(b)
(2)
(3)
A sign, for the purpose of advertising the sale of property, may be installed
in a residential district, provided, however that a real estate sign shall:
(i)
Not be illuminated or electrically operated, nor include any
moving parts.
(ii)
Not exceed an area of four (4) square feet.
(iii)
Not exceed a total height of five (5) feet.
(iv)
Be limited to on-site advertising, only.
(v)
Be located on the subject property and set back not less than five
(5) feet from any lot line.
(vi)
Be constructed of wood and/or metal.
(vii)
Be removed no later than ten (10) days subsequent to the date the
sale, rental or lease has been accomplished.
(viii)
Be allowed for new building construction advertising the sale or
lease of the building or portion of the building once construction
has commenced. (Am. Ord. 2016-3, passed 3-7-2016)
Number – There shall be a maximum of one (1) real estate sign allowed
per zoning lot, unless the lot is a corner lot, in which case a maximum of
two (2) signs shall be permitted. In no case, however, shall more than one
(1) sign be installed per street frontage.
Home Occupation Signs – Home occupation signs shall be permitted as follows:
(a)
There shall be a maximum of one (1) such sign per zoning lot.
(b)
The maximum size of any home occupation sign shall be two (2) square
foot.
(c)
Home occupation signs shall be installed flat against the face of a building,
rather than in a front or side yard.
(d)
Home occupation signs shall not be illuminated.
Garage/Rummage Sale Signs – Garage and Rummage Sale signs shall be permitted
as follows:
(a)
Only one (1) such sign shall be allowed on the premises where the sale is
taking place, unless such property has frontage on two (2) public streets, in
which case two (2) signs are permitted, one (1) at each frontage.
(b)
Three (3) additional locations (not to include the public right-of-way or
any buildings or structures thereon) may be selected for placement of
rummage sale or garage sale signs announcing the same sale. Any sign to
be placed on property owned by others must have verifiable permission of
that property owner.
(c)
No rummage sale or garage sale sign shall exceed four (4) square feet in
surface area.
(d)
No garage/rummage sale sign shall exceed five (5) feet in height.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-16
(4)
(e)
No such sign shall be placed or otherwise erected for more than three (3)
consecutive days at a location permitted under this Article.
(f)
No garage sale or rummage sale signs shall be posted or displayed on a
tree, street light poles, utility poles, street signs, and traffic sign poles or
otherwise erected upon any public right-of-way. Nor shall they be
displayed on or within vehicles, or be placed in such a location to cause an
obstruction to the clear view of traffic.
(g)
No sale items shall be located and no activities shall be conducted on a
public sidewalk, parkway area or other public property. Further, no sale
items shall be left out for display later than 7:00 P.M. on any day.
Governmental Facilities and Church Signs – Governmental Facilities and Church
signs shall be permitted as follows:
(a)
(b)
C.
Freestanding Signs.
(i)
There shall be a maximum of one (1) freestanding monument sign
per zoning lot provided, however, that a maximum of two (2)
freestanding monument signs shall be permitted when the facility
to which the sign refers is located on a corner lot.
(ii)
Freestanding signs shall not exceed an area of forty-five (45)
square feet per side, nor a height of eight (8) feet.
(iii)
Freestanding signs shall be set back a minimum of fifteen (15) feet
from all property lines and from the back of the curb of adjacent
access drives and, in no case, less than twenty (20) feet from the
back of the curb of an adjacent public street.
Wall Signs.
(i)
One wall sign shall be permitted; however, a maximum of two (2)
such wall signs shall be permitted when the building is located on
a corner lot. (Am. Ord. 946, passed 6-1-2015)
(ii)
The maximum size of the wall sign shall not exceed five (5)
percent of the building facade area upon which the sign is to be
located, to a maximum of two hundred (200) square feet.
(c)
Church signs may include changeable copy.
(d)
Church signs may be illuminated.
Non-Residential:
(1)
Wall Signs – Identification for uses in the Business, Commercial, Industrial, and
Office Research districts shall be permitted as follows:
(a)
There shall be a maximum of one (1) such wall sign for each business
establishment provided, however that a maximum of two (2) such wall
signs shall be permitted when at least one of the following conditions
applies:
(i)
The business establishment to which the sign refers is located on a
corner lot.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-17
(ii)
The business establishment to which the sign refers has more than
one (1) business frontage. For the purposes of this Article, a
business frontage shall mean a public right-of-way, a customer
access drive, or a parking lot which serves the commercial
establishment.
(iii)
A business establishment occupies the entire structure of which it
is a part and chooses to erect a second wall sign in lieu of a
monument sign where such monument sign is permitted.
(b)
The maximum size of any business identification wall sign shall not
exceed seven (7) percent of the building facade area upon which the sign is
to be located, to a maximum of two hundred (200) square feet.
(c)
Business identification signs may be illuminated.
(d)
Multi-tenant buildings shall permit each tenant to have a maximum wall
sign area not to exceed seven (7) percent of the building façade area upon
which a particular business occupies to a maximum of two hundred (200)
square feet. There shall be a maximum of one (1) such wall sign for each
business establishment provided, however that a maximum of two (2) such
wall signs shall be permitted when at least one of the following conditions
applies:
(i)
The business establishment to which the sign refers is located on a
corner lot.
(ii)
The business establishment to which the sign refers has more than
one (1) business frontage. For the purposes of this Article, a
business frontage shall mean a public right-of-way, a customer
access drive, or a parking lot which serves the commercial
establishment.
(Am. Ord. 2016-3, passed 3-7-2016)
(e)
(2)
A roof sign may be substituted for a permitted wall sign provided that the
height of any roof mounted sign shall not extend more than twelve (12)
inches beyond the height of the roof.
Freestanding Signs:
(a)
In addition to signs otherwise permitted in non-residential districts, one (1)
monument sign is permitted.
(b)
The required conditions to erection, relocation, and maintenance of
monument signs are as follows:
(i)
Monument signs are permitted, with a total height, including the
base, not to exceed eight (8) feet for a single business or not to
exceed ten (10) feet for buildings with more than 1 business. Pole
signs may be permitted if approved by the Village Board due to
unique site conditions (topography, visibility, etc.). Pole signs
shall not exceed fifteen feet (15’) in height. (Am. Ord. 2016-3,
passed 3-7-2016)
(ii)
The sign area shall not exceed forty-five (45) square feet per side,
limited to two (2) sides, or ninety (90) square feet total for a single
business. If a building has more than 1 business the sign area shall
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-18
not exceed seventy-five (75) square feet per side, limited to two
(2) sides, or one hundred fifty (150) square feet total. (Am. Ord.
2016-3, passed 3-7-2016)
(3)
(iii)
The sign shall be located with a minimum setback of fifteen (15)
feet from any property line or from the back of the curb of an
adjacent access drive. In all cases the monument sign shall be set
back twenty (20) feet from the back of the curb of an adjacent
public street.
(iv)
The sign shall not impede normal pedestrian movement nor
obstruct the driver line-of-sight for motor vehicle traffic.
(v)
The sign may be illuminated.
(vi)
All freestanding signs shall be landscaped at their base in a
method harmonious with the landscape concept for the whole site.
Landscaping shall form an attractive, dense cluster at the base of
the sign that is equally attractive in winter and summer. A
minimum of two (2) square feet of landscaping will be required
for every one (1) square foot of sign face. For double-sided signs,
only one side of the sign face shall be counted towards the
landscape area requirement.
(vii)
Freestanding signs may include a manual changeable copy area,
but may not include an electronic message portion unless a special
use permit is obtained.
Signs Accessory to Automobile Service Stations and Automobile Service
Station/Mini-Mart Only – The following signs are permitted as accessory only to
automobile service stations subject to the conditions specified below:
(a)
Two (2) tire racks, not to exceed five (5) feet in height; six (6) feet in
length; and five (5) feet in depth, shall be permitted at each gasoline or tire
service station for the purpose of displaying new tires. Such racks shall
comply with all setback and yard requirements and shall only advertise the
products contained thereon.
(b)
Items for sale on the premises shall not be displayed within twenty-five
(25) feet of any property line, and any display of such items must comply
with all applicable regulations. Products may be displayed under pump
island canopies or between pumps within the area of the pump island base.
(c)
One (1) double-faced sign presenting the pricing of gasoline products sold
upon the premises shall be permitted as follows:
(i)
Each sign shall not exceed six (6) square feet per fuel type.
(ii)
No pricing sign shall exceed a height of fifteen (15) feet.
(iii)
All pricing signs shall be located with a minimum setback of
fifteen (15) feet from any property line or from the back of the
curb of an adjacent access drive. In all cases, pricing signs shall
be set back twenty (20) feet from the back of the curb of an
adjacent public street.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-19
(iv)
(d)
(4)
(5)
(6)
Pricing signs may be combined as part of the permitted monument
business identification sign. Total area of such a combined sign
shall not exceed sixty (60) square feet per side.
One sign over each pump stand not to exceed twenty-four (24) inches in
height.
Awning or Canopy Signs – Letters may be painted or otherwise permanently
affixed to any permissible awning or canopy subject to the following conditions:
(a)
Lettering and/or symbols shall not project above, below, or beyond the
physical dimensions of the awning or canopy.
(b)
Awning or canopy sign area shall count toward the total wall sign area.
Window Signs – Each commercially zoned establishment may have one (1) or
more window signs, subject to the following provisions:
(a)
Window signs shall not exceed fifty (50) percent of the total display glass
area of any building facade in which such signs are displayed. $P2UG
(b)
Window signs shall not be included in the computation of total allowable
sign surface area.
(c)
Window decals shall be classified as a window sign when there is either
wording or pictorial representation used for the purpose of advertising or
promotion on the decal. Any portion of a window decal that is not
intended for advertising or promotion and is used for one way viewing or
as a method to block sunrays would not be counted towards the forty (40)
percent glass display area regulation stated in part (a) above. (Am. Ord.
2016-3, passed 3-7-2016)
Beacons – Beacons shall be permitted subject to the following:
(a)
Only one (1) beacon shall be allowed.
(b)
Display of a beacon shall be limited to two (2) consecutive days.
(c)
Beacons shall be permitted from dusk until 11:00 PM at which time they
shall be turned off.
(d)
Beacons shall not be permitted to be located within 300 feet of any
residential property.
(e)
Permits shall be obtained in accordance with procedures set forth in
Section 7.5 of this Article.
(Am. Ord. 2016-3, passed 3-7-2016)
(7)
Portable Signs – Portable signs shall be permitted for grand openings, as defined in
Section7.2 of this Article, subject to the following:
(a)
Only one (1) portable sign shall be allowed per grand opening.
(b)
Display of a portable sign shall be limited to fourteen (14) consecutive
days.
(c)
Permits shall be obtained in accordance with procedures set forth in
Section 7.5 of this Article.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-20
(8)
(9)
Changeable Copy – Changeable copy shall only be permitted for:
(a)
A portion of a permitted freestanding sign (see Section 7.4.C(2))
(b)
Public service display of time and temperature.
Real Estate Sign:
(a)
(b)
(10)
(i)
Not be illuminated or electrically operated, nor include any
moving parts.
(ii)
Not exceed an area of sixteen (16) square feet.
(iii)
Not exceed fifteen (15) feet in height.
(iv)
Be limited to on-site advertising, only.
(v)
Be located on the subject property, and set back not less than
fifteen (15) feet from any lot line for non-residential property and
five (5) feet for a residential property.
(vi)
Be removed no later than ten (10) days subsequent to the date the
sale, rental or lease has been accomplished.
(vii)
Be allowed for new building construction advertising the sale or
lease of the building or portion of the building once construction
has commenced. (Am. Ord. 2016-3, passed 3-7-2016)
Number – There shall be a maximum of one (1) real estate sign allowed
per zoning lot, unless the lot is a corner lot, in which case a maximum of
two (2) signs shall be permitted. In no case, however, shall more than one
(1) sign be installed per street frontage.
Tenant Identification Signs:
(a)
(11)
A sign, for the purpose of advertising the sale of property, may be installed
provided, however that a real estate sign shall:
In addition to signs otherwise permitted in non-residential districts, one
Tenant Identification Sign, either a wall sign or freestanding sign, may be
permitted for office and non-retail businesses with the following
limitations:
(i)
Only one sign per primary structure unless the business
establishment to which the sign refers is located on a corner lot
and the business has more than one business frontage, and then
two signs may be permitted.
(ii)
Each sign does not exceed 20 square feet per side and not to
exceed more than 4 square feet per tenant.
(iii)
Each tenant identified on the sign must occupy a minimum of
1,500 square feet of the gross floor area.
Menu Board Signs – For restaurants with drive-through facilities, two (2)
freestanding menu board signs per lot shall be permitted provided that individual
signs do not exceed twenty-four (24) square feet in area or eight (8) feet in height.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-21
(12)
7.5
Temporary Signs – Temporary signs not exceeding thirty-two (32) square feet in
area shall be allowed as set forth within this section. A permit shall be required for
all temporary signs, however no fee shall be charged for the permit. The permit
shall comply with the provisions of Section 7.5 and shall further set forth the
location of the temporary sign, the size of the sign, and the start and end date for
the placement of the temporary sign, which may not exceed 30 days. A
commercial entity may be eligible for up to six (6) permits per calendar year for
temporary signs and no permit shall exceed thirty (30) days in length. All such
signs shall be required to comply with a five foot setback requirement from any
right-of-way. Window decals shall not be considered temporary signs and instead
shall be regulated by 7.4 C(5) of the Development Ordinance. (Ord. 938, passed 23-2015)
PERMIT APPLICATION AND FEES:
Except as otherwise provided in this Article, it shall be unlawful for any person to erect, re-erect,
alter, relocate, affix, or paint (does not refer to maintenance) any sign without first having
obtained a sign permit therefore. Where electrical and/or construction is required in connection
with erecting, re-erecting, relocating, altering, affixing, or painting a sign, the Zoning Official and
Building Inspector shall review the plans prior to issuing the sign permit. (Am. Ord. 2016-3,
passed 3-7-2016)
A.
Application Procedure – Application for a sign permit shall be made in writing on forms
provided by the Village and shall include:
(1)
Site plans for freestanding signs only, in triplicate, drawn to scale and fullydimensioned, showing:
(a)
A north arrow.
(b)
A dimensioned site plan of the parcel or lot upon which the sign is to be
located.
(c)
The name, address, and telephone number of the person erecting the sign.
(d)
The name, address, and telephone number of the person applying for the
sign permit.
(e)
The name, address, and telephone number of the owner of the property
upon which the sign is to be erected.
(f)
The location and setback of the sign upon the parcel or lot upon which it is
to be erected.
(2)
One 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. (Am. Ord. 946, passed 6-1-2015)
(3)
One paper copy and one electronic (PDF) copy of structural and electrical plans.
(Am. Ord. 946, passed 6-1-2015)
(4)
The written consent of the owner of the building, structure or property upon or to
which the sign is to be erected.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-22
B.
(5)
Such other information as the Village shall require to show full compliance with
this and all other laws and ordinances of the Village.
(6)
Each application for a sign permit shall be reviewed by the Zoning Official and
Building Inspector for the purpose of determining compliance with the provisions
of this Article and all other applicable laws and ordinances of the Village. (Am.
Ord. 2016-3, passed 3-7-2016)
Issuance or Denial of Sign Permit:
(1)
The Village shall issue a sign permit for the erection, re-erection, alteration,
relocation, affixing or painting of a sign within the Village when the required
permit application is properly made, all appropriate fees have been paid, and the
Village has determined that the sign will comply with the provisions of this Article
and all other applicable laws and ordinances of the Village.
(2)
When any application for sign permit is denied by the Zoning Official or Building
Inspector, the Village shall give written notice of the denial to the applicant,
together with a brief written statement of the reasons for the denial. Appeal from
the Zoning Official's or Building Inspector’s decision to deny a permit application
may be made by the applicant in accordance with the ordinances of the Village.
(Am. Ord. 2016-3, passed 3-7-2016)
(3)
Applications for sign permits shall be approved or denied within fourteen (14) days
of submittal of a properly filed application. If more information is required from
the applicant in order to complete review of the application, the fourteen (14) day
period shall run from receipt of that additional information. If the applicant
certifies in writing that the information is complete, the fourteen (14) day period
shall run from the certification date. (Ord. 938, passed 2-3-2015)
(4)
Applications for sign permits shall be deemed denied if the application has neither
been approved nor denied within fourteen (14) days of receipt. (Ord. 938, passed
2-3-2015)
C.
Exceptions – Any requested exception from the terms of this Article shall be reviewed and
evaluated by the Village Planning and Zoning Commission as a variation as set forth in
Article IX Section 9.10.
D.
Limitations – Sign permits shall allow the erection, re-erection, alteration, relocation,
affixing, or painting of a sign only on the property designated in the permit and only by the
person to whom the permit was issued and shall not be transferable. A separate sign permit
must be obtained for each sign for which a permit is required.
E.
Permit Fees – Every sign permit application shall be accompanied by a fee as established
by the Village Board, to reimburse the Village for expenses incurred in connection with its
sign inspections and services.
Forsyth Development Ordinance – Article VII – Signs – 8/9/2013
Page 7-23
ARTICLE VIII
NON-CONFORMITIES
NON-CONFORMITIES ....................................................................................................................8-1
8.1
NON-CONFORMING LOTS OF RECORD .......................................................................8-1
8.2
NON-CONFORMING BUILDINGS OR STRUCTURES..................................................8-1
8.3
NON-CONFORMING USES ...............................................................................................8-2
8.4
REGISTRATION OF NON-CONFORMING USES, BUILDINGS, AND
STRUCTURES ......................................................................................................................8-3
8.5
EXISTING SPECIAL USES EXEMPTION ........................................................................8-3
8.1
NON-CONFORMING LOTS OF RECORD:
8.2
NON-CONFORMING BUILDINGS OR STRUCTURES:
Any lot of record, on the effective date of the enactment of this Ordinance, which does not
comply with the lot area and/or lot width requirements may be used for the erection of a building
intended for a use permitted in the district in which the lot is located provided that such building
complies with all setback and other applicable requirements of this Ordinance.
A lawfully existing, non-conforming building or structure which contains a permitted use, but
does not comply with the applicable lot size requirements or building standard regulations in the
district in which it is located, may be continued except as otherwise permitted by this Article.
Non-conforming buildings and structures shall be subject to the following regulations:
A.
Enlargement, Maintenance, Repair, or Alteration:
(1)
A non-conforming building or structure may be enlarged, maintained, repaired, or
structurally altered. However, no such enlargement, maintenance, repair, or
structural alteration shall either create an additional non-conformity or increase the
degree of the existing non-conformity of all or any part of the building or structure.
Damaged or destroyed buildings or structures shall be subject to the restrictions
contained in Section 8.2 B of this section.
(2)
Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring
to a safe condition of a building or other structure (other than a damaged or
destroyed building or other structure subject to the provisions of Section 8.2 B of
this section) in accordance with the order of the Building Inspector who declares
such building or other structure to be unsafe and orders its restoration to a safe
condition. (Am. Ord. 2016-3, passed 3-7-2016)
Forsyth Development Ordinance – Article VIII – Non-Conformities – 8/9/2013
Page 8-1
B.
Damage or Destruction:
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 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 to begin restoration may be granted by the Zoning Official, but
shall not exceed a total of 12 months. (Am. Ord. 946, passed 6-1-2015)
8.3
NON-CONFORMING USES:
When the applicable district regulations do not allow as a permitted use either an existing use of
part or all of a building or other structure, or an existing use of land not involving a building or
structure, such existing use may be continued except as otherwise permitted by this Article.
A.
Change:
(1)
A non-conforming use of a building or other structure, all or substantially all of
which was designed or intended for a use which is not permitted in the district of
which it is located, shall not be changed to any use other than one permitted in the
district in which the land is located. When a non-conforming use has been changed
to a permitted use, it shall not thereafter be changed back to a non-conforming use.
(2)
The non-conforming use of land, not involving a building or structure, or in
connection with which any building or structure thereon is incidental or accessory
to the principal use of land, shall not be changed to any other use, except to a use
permitted in the district in which the land is located.
B.
Discontinuance – In the event the operation of a non-conforming use of land, building, or
structure is discontinued for twelve (12) months, such non-conforming use shall not
thereafter be re-established, and any subsequent use or occupancy of such land shall
conform to the regulations of the district of which it is located. Intent to resume active
operation shall not affect the foregoing restriction.
C.
Non-Conforming Accessory Uses – No non-conforming accessory use shall continue after
the principal use to which it is necessary has been abolished.
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 Zoning Official, but shall not exceed a
total of 12 months.
(Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article VIII – Non-Conformities – 8/9/2013
Page 8-2
8.4
8.5
REGISTRATION OF NON-CONFORMING USES, BUILDINGS, AND
STRUCTURES:
A.
The Zoning Official shall maintain a system of registration of all nonconforming uses,
buildings, and structures.
B.
Such registration system shall include a provision for notifying owners:
(1)
That a particular use, lot size, or standards governing a building, structure, or parcel
of land does not conform to the regulations of the zoning district in which the use,
building, or structure is located.
(2)
Of the status of a use, building, or a structure as a non-conformity.
(3)
Of the specific regulations applicable to such non-conforming use, building, or
structure.
EXISTING SPECIAL USES EXEMPTION:
Where a use exists on the date that this Ordinance becomes effective and is permitted by this
Ordinance as a special use in the district in which it is located, such use shall not be deemed a
non-conforming use, but shall, without any further action, be deemed a lawful special use in such
district. However, no such lawful special use shall be substantially expanded unless a
supplemental special use permit is secured in accordance with Article IX, ADMINISTRATION
AND PROCESSING, of this Ordinance.
Forsyth Development Ordinance – Article VIII – Non-Conformities – 8/9/2013
Page 8-3
ARTICLE IX
ADMINISTRATION AND PROCESSING
ADMINISTRATION AND PROCESSING .....................................................................................9-1
9.1
ORGANIZATION .................................................................................................................9-1
9.2
ZONING OFFICIAL .............................................................................................................9-2
9.3
PLANNING AND ZONING COMMISSION......................................................................9-3
9.4
VILLAGE BOARD OF TRUSTEES....................................................................................9-4
9.5
OTHER ELECTED AND APPOINTED OFFICIALS ........................................................9-4
9.6
ZONING LETTER ................................................................................................................9-5
9.7
OCCUPANCY CERTIFICATES..........................................................................................9-6
9.8
NOTICE REQUIREMENTS FOR APPEALS, VARIATIONS, AMENDMENTS,
AND SPECIAL USE PERMITS ...........................................................................................9-7
9.9
APPEALS ..............................................................................................................................9-8
9.10 VARIATIONS .......................................................................................................................9-9
9.11 AMENDMENTS .................................................................................................................9-12
9.12 SPECIAL USES...................................................................................................................9-14
9.13 ANNEXATION ...................................................................................................................9-18
9.14 SITE PLAN REVIEW .........................................................................................................9-19
9.15 TIME LIMITATIONS .........................................................................................................9-21
9.16 FEES.....................................................................................................................................9-21
9.17 ENFORCEMENT AND PENALTIES ...............................................................................9-22
9.1
ORGANIZATION:
A.
B.
Administration – The administration of this Ordinance is hereby vested in the following:
(1)
Zoning Official.
(2)
Planning and Zoning Commission.
(3)
Village Board of Trustees.
(4)
Code Enforcement Officer. (Ord. 946, passed 6-1-2015)
Scope of this Article – This Article outlines the authority of each of the administrative
officers, elected officials and appointed commissioners identified above, and describes the
procedures and substantive standards with respect to the following administrative functions:
(1)
Issuance of Zoning Letter.
(2)
Issuance of Occupancy Certificates.
(3)
Appeals.
(4)
Variations.
(5)
Amendments.
(6)
Special Uses.
(7)
Planned Unit Developments.
(8)
Vacations.
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 1
9.2
(9)
Annexations.
(10)
Site Plan Review.
(11)
Fees.
(12)
Enforcement and Penalties.
ZONING OFFICIAL:
The Zoning Official, who shall be appointed by the Village Administrator, shall be in charge of
the administration and enforcement of this Ordinance and shall perform, or see to the
performance of, the following duties: (Am. Ord. 2016-3, passed 3-7-2016)
A.
Issue all certificates of occupancy, and make and maintain records thereof.
B.
Conduct inspections of buildings, structures, and use of land to determine compliance with
the terms of this Ordinance.
C.
Maintain permanent and current records of this Ordinance including, but not limited to, all
maps, amendments, special uses, planned unit developments, variances, appeals,
applications, and records of hearings.
D.
Receive, file, and forward for action all appeals and applications for appeals, variations,
amendments, special uses, and planned unit developments.
E.
Provide clerical and technical assistance that may be required by the Planning and Zoning
Commission in the exercise of its duties.
F.
Initiate, at least every other year, a study of the provisions of this Ordinance and make
reports of recommendations for change to the Planning and Zoning Commission.
G.
Inform the Village Board of all violations of this Ordinance and all other matters requiring
prosecution or legal action.
H.
Meet with the developers or other parties wishing to subdivide to explain the intent and
regulations of this Ordinance.
I.
To approve and/or to sign all maps, replats, minor subdivisions, and major subdivisions in
accordance with the provisions of this Ordinance.
J.
To interpret this Ordinance and to discharge such other duties as may be required by
this Ordinance.
K.
The enforcement of the provisions of this Ordinance through the Village’s Code
Enforcement Officer. (Ord. 910, passed 6-2-2014)
The Village Administrator may authorize and direct other Village staff members (Building
Inspector, Code Enforcement Officer, Village Clerk, etc.) to assist in these duties. (Am. Ord.
910, passed 6-2-2014) (Am. Ord. 2016-3, passed 3-7-2016)
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 2
9.3
PLANNING AND ZONING COMMISSION:
A.
Establishment – The Planning and Zoning Commission of the Village of Forsyth has been
constituted according to 65 ILCS 5/11-12-4:
(1)
Membership – The Planning and Zoning Commission shall consist of seven (7)
regular members. In addition, the Commission shall have two alternate members
who shall attend all meetings. One alternate shall have voting rights when there
are six (6) or less regular members in attendance. Both alternates shall have voting
rights when there are five (5) or less regular members in attendance. Members
shall reside within the Village or within territory contiguous to the municipality
and not more than one and one-half (1½) miles beyond the corporate limits and not
included within any other municipality. At no time, however, shall there be more
than two (2) members residing outside the Village. The Mayor shall appoint the
members based on their particular fitness for their duty on the Planning and Zoning
Commission and subject to the approval of the Board of Trustees.
(2)
Terms of Office – All terms shall be five (5) years (a staggered term was created in
October, 2011 to provide for continuity on the Commission). Vacancies shall be
filled by appointment for the unexpired terms only. All members of the
Commission shall serve without compensation except that, if the Board of Trustees
deems it advisable, they may receive such compensation as may be fixed from time
to time by the Board of Trustees.
(3)
Officers and Procedure – The Commission shall annually elect a Chairman, ViceChairman, and any such officers as it may deem necessary. The Commission shall
adopt and later change or alter rules and regulations of organization and procedure
consistent with the provisions of this Ordinance and Illinois law. Meetings of the
Commission shall be held at a regularly scheduled time, and special meetings shall
be held at the call of the Chairman or by a vote of the Commission. All meetings
of the Commission shall be open to the public.
The Commission shall keep written records of all its transactions and meetings, whether
regular or special, which shall be open at all times to the public.
B.
Jurisdiction – The Planning and Zoning Commission is hereby vested with the following
jurisdiction and authority with reference to this Ordinance:
(1)
To establish a time for, conduct public hearings on, and prepare written findings of
fact and recommendations to the Village Board on the following matters:
(a)
Application for amendments to the Zoning Map or the text of this
Ordinance.
(b)
Special use permits.
(c)
Special use permits for planned unit developments, including any requests
for exceptions from required standards of the Ordinance.
(d)
Zoning requests pertaining to newly annexed property, including review of
all plats and plans in connection therewith.
(e)
Plats of subdivision, including review of such plats for conformance to the
Comprehensive Plan, and the zoning and land subdivision regulations of
this Ordinance.
(f)
Applications for variations.
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 3
(2)
To review the recommendations of the Zoning Official as to the effectiveness of
this Ordinance, and report its conclusions and recommendations to the Village
Board, no less frequently than every other year.
(3)
To review the Zoning Map for accuracy on an annual basis, so that the Zoning Map
may be updated annually, and published in the manner required by the Illinois
Revised Statutes.
(4)
To hear and decide appeals from any final order, requirements, decision, or
determination made by an administrative official charged with the enforcement of
this Ordinance.
(5)
To hear, decide, and consider all other matters referred by the Village Board, or
upon which the Planning and Zoning Commission is required to act pursuant to the
provisions of this Ordinance, or as prescribed by applicable provisions of the
Forsyth Village Code or the Illinois Revised Statutes.
9.4
VILLAGE BOARD OF TRUSTEES:
9.5
OTHER ELECTED AND APPOINTED OFFICIALS:
The Village Board of Trustees is the elected legislative (corporate) authority of the Village of
Forsyth, and has reserved to itself the final authority on subdivisions, special uses, planned unit
developments, amendments, and variations, to be exercised pursuant to its legislative discretion.
A.
Village Engineer is a duly qualified engineer retained by the Village Board. It shall be the
responsibility of the Engineer to review all subdivision work and report all work completed
within a subdivision.
The Corporate Authority shall not approve any plat until such report is received and no plat
shall be accepted for final processing until certified by the Engineer as to improvement or
that a proper bond or letter of credit has been filed.
B.
Recorder of Deeds is the Recorder of Deeds of Macon County. The Recorder of Deeds
shall be responsible for accepting or rejecting all plat offered for recording in accordance
with the provision of this ordinance.
C.
Village Clerk is the official Clerk of the Village. The Clerk shall keep records of all plats
reviewed by the Planning and Zoning Commission.
D.
Planning Staff shall be any qualified land use planner, which the Corporate Authority may
designate to assist them in reviewing or developing various plans.
E.
Legal Counsel is an attorney retained by the Village as its legal counsel.
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 4
9.6
ZONING LETTER:
A.
No permit pertaining to the use of land or buildings shall be issued until the Zoning Official
certifies in such permit that the application, with accompanying plans and specifications,
conforms to:
(1)
All regulations of this Ordinance, as may be modified by exceptions granted by the
Village Board, and as set forth in a development ordinance adopted for the
property.
(2)
Conditions of approval which may have been required by the Village Board or as
set forth in an adopted development ordinance.
B.
When a permit is required by Forsyth’s Building Code, items contained in this
Development Ordinance (use, setback, etc.) will be verified by the Village as a part of that
review process and no separate zoning letter shall be required.
C.
When a permit is not required by Forsyth's Building Code for an improvement or use, but
the use or improvement requires conformance with the regulations of this Ordinance, an
application for a zoning letter shall be filed with the Zoning Official.
All applications for zoning letter shall be accompanied by:
(1)
One 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 blocks, or portions thereof, according to the registered or
recorded plat of such land. (Am. Ord. 946, passed 6-1-2015)
(2)
One 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: (Am.
Ord. 946, passed 6-1-2015)
(a)
Proposed zoning lot.
(b)
Building footprint.
(c)
Height of the building or structure.
(d)
Building lines, in relation to lot lines.
(e)
Proposed use for building, structure, or land.
(f)
Other information required to determine compliance with the Zoning
Ordinance, including signage provisions.
D.
The Zoning Official may waive all or any portion of the requirements in paragraphs (1) and
(2) above, where it is determined that the information is not necessary because of existing
evidence in Village records.
E.
A 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. (Am. Ord. 946, passed 6-12015)
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 5
F.
9.7
Any permit or certificate issued under the provisions of this Ordinance may be revoked
whenever there has been any false statement, misrepresentation, or omission of a material
fact in the application, plat, plans drawings, or other information on which the permit or
approval was based.
OCCUPANCY CERTIFICATES:
A.
No building or addition thereto, constructed after the effective date of this Ordinance, and
no addition to a previously existing building shall be occupied, and no land, unused and
vacant on the effective date of this Ordinance, shall be used for any purpose, until an
occupancy certificate has been issued by the Building Inspector. No change in use in a
zoning district shall be made until an occupancy certificate has been issued, stating that the
use or occupancy complies with the provisions of this Ordinance, or modifications thereof
and conditions of approval that may be granted by the Village Board.
B.
Every application for a building permit or zoning letter shall be deemed to be an application
for an occupancy certificate. Every application for an occupancy certificate for a new use
of land, where no building permit is required, shall be made directly to the Building
Inspector.
C.
No occupancy certificate for a building, or portion thereof, constructed after the effective
date of this Zoning Ordinance, shall be:
(1)
Issued until construction has been completed, and the premises inspected and
certified by the Building Inspector, to be in conformance with the plans and
specifications upon which the zoning certificate application was based.
(2)
Issued, and no addition to a previously existing building shall be occupied, until the
premises have been inspected and certified by the Building Inspector to be in
compliance with all applicable standards.
D.
A temporary occupancy certificate may be issued by the Building Inspector for a period not
to exceed one (1) year pending the completion of a building, or alteration thereof. Such
temporary occupancy certificate shall not be construed as, in any way, waiving the duties
and obligations of the owners or occupants to complete the construction or alteration within
the time period established in the temporary occupancy certificate.
E.
Any permit or approval issued under the provisions of this Ordinance may be revoked
whenever there has been any false statement, misrepresentation, or omission of material
fact in the application, plat, plans, drawings, or other information on which the permit or
approval was based.
F.
Either an occupancy certificate shall be issued, or a written notice shall be given to the
applicant stating the reasons why a certificate cannot be issued, not later than ten (10)
working days after the Building Inspector is notified in writing that the building or premises
is ready for inspection for occupancy.
(Am. Ord. 2016-3, passed 3-7-2016)
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 6
9.8
NOTICE REQUIREMENTS FOR APPEALS, VARIATIONS, AMENDMENTS,
SPECIAL USE PERMITS, AND SUBDIVISIONS:
A.
B.
Publication of Notice – No public hearing before the Planning and Zoning Commission on
any appeal or request or petition for variation, amendment, planned unit development,
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. (Am. Ord. 946, passed 6-1-2015)
(1)
The notice shall be prepared by the Village.
(2)
The Zoning Official shall cause said notice to be published not more than thirty
(30) nor less than fifteen (15) days before the hearing.
Notice to Property Owners:
(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.
(2)
The Village shall cause notice of the public hearing to be mailed to property
owners at the addresses identified not less than ten (10) days before the hearing.
(Am. Ord. 946, passed 6-1-2015)
C.
D.
Content of Notice – The notice of the public hearing shall include at least the following
information:
(1)
Owner of the property.
(2)
The address and/or location of the property for which the appeal, variation,
amendment, planned unit development, or special use is requested.
(3)
A brief statement of the nature of the request.
(4)
Existing zoning classification.
(5)
Proposed zoning, if applicable.
(6)
Requested exceptions from applicable regulations of this Ordinance, if applicable.
(7)
The name and address of the legal and beneficial owner of the property for which
the variation is requested.
(8)
A legal description of the subject property.
Posting:
(1)
The Village shall post and maintain for a period of not less than ten (10) days prior
to the hearing, a public hearing notice sign:
(a)
(2)
A public notice sign shall be installed not more than fifteen (15) feet from
the front lot line and placed in such a manner as to be visible from the
street.
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 applicant’s act or omission.
(Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 7
E.
9.9
Continuation of Public Hearings – The Planning and Zoning Commission shall hold at
least one public hearing on the proposed variation, amendment, planned unit development,
or special use. However, public hearings may be continued by the Planning and Zoning
Commission, from time to time, without further notices being published.
APPEALS:
A.
Authority – The Planning and Zoning Commission shall hear and decide upon all appeals
from administrative decisions or actions related to this Ordinance.
B.
Initiation:
C.
(1)
An appeal from a final order, requirement, decision or determination to issue, not
to issue, revoke, rescind, or extend a permit or certificate requiring compliance
with the provisions of this Ordinance may be taken to the Planning and Zoning
Commission by any person aggrieved, or by any officer or department of the
Village of Forsyth.
(2)
Such an appeal shall be taken within forty-five (45) days after the decision
complained of by filing with the Zoning Official and with the Planning and Zoning
Commission a written notice of appeal specifying the grounds thereof.
(3)
The Zoning Official shall transmit to the Planning and Zoning Commission all
papers related to the decision which led to the appeal.
Notice of Appeal:
(1)
The Notice of Appeal shall, at a
minimum,
contain
the
following
information:
(a)
Name, address, and phone
number of the individual filing
the appeal.
Appeal
SEE SECTION 9.9
Initiation of Appeal
(b)
Location of the property involved
in the decision which has
occasioned the complaint.
(c)
Identification of the section or
provision of this Ordinance that is
in dispute.
(d)
Written decision of the Zoning
Official, or the reason given by
said officer, in support of the
decision from which the appeal is
taken.
(e)
Description of the proposed use of the property, including a plat, survey, or
site plan.
(f)
Brief narrative argument and summary of the factual evidence upon which
the appeal is based.
Notice of Appeal
Public Hearing by PZC
Planning & Zoning
Commission Review
and Decision
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 8
(2)
D.
E.
An appeal shall state all proceedings related to the action on which the appeal is
based, including, but not limited to, plan review, processing of permits, or
construction, unless it is demonstrated to the Zoning Official or the Planning and
Zoning Commission that a stay would cause imminent peril to life and/or property.
Hearing:
(1)
The Zoning Official shall transmit the application of the appeal to the Planning and
Zoning Commission, who shall hold a public hearing at such time and place as
shall be established by the Planning and Zoning Commission, after due notice is
provided.
(2)
The hearing shall be conducted, and a record of such proceedings shall be
preserved, in such a manner as the Planning and Zoning Commission shall
prescribe.
(3)
Notice requirements for public hearings on appeals are set forth in Section 9.8,
above.
Decision – The Planning and Zoning Commission shall reach its decision within a
reasonable period of time after the conclusion of the hearing of the appeal:
(1)
The Planning and Zoning Commission may affirm or reverse, wholly or in part, or
may modify the order, requirement, decision, or determination as, in its opinion,
ought to be made in the matter.
(2)
Records of all actions of the Planning and Zoning Commission, relative to appeals,
shall be maintained by the Village.
(3)
The decision of the Planning and Zoning Commission shall be a final
administrative decision, based on the evidence presented at the hearing of the
appeal. A concurring vote of four (4) shall be required for reversal of or
modification of the order, requirement, decision, or determination of the Zoning
Official.
9.10 VARIATIONS:
A.
Authority – The Village Board of Trustees shall decide variations from the provisions of
this Ordinance that are in harmony with its general purpose and intent, and shall vary them
only in the specific instances where the Planning and Zoning Commission has made a
finding of fact based on the standards hereinafter prescribed that there are practical
difficulties or particular hardships in the way of carrying out the strict letter of any
regulation of this Ordinance.
B.
Initiation – An application for a variation may be made by any individual, office,
department, board, bureau, or commission requesting or intending to request application for
a building permit, zoning letter, or occupancy certificate.
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 9
C.
Processing – An application for a variation shall
be filed with the Zoning Official, who shall
forward such application to the Planning and
Zoning Commission for processing in accordance
with applicable statutes of the State of Illinois and
provisions of this Ordinance. The application shall
be accompanied by:
(1)
The name, address, and phone number of
the applicant.
(2)
The legal description, common address,
and permanent index number (PIN) of the
property to be benefitted by the variation.
(3)
Identification of the provisions of this
Ordinance from which the variation is
sought.
(4)
(5)
D.
E.
Variations
SEE SECTION 9.10
Request for Variation
Public Hearing by PZC
Planning & Zoning
Commission Review
and Decision
A description of the proposed use and/or
variation, including a dimensioned site
plan or plat, unless specifically waived by
the Zoning Official. The Planning and
Zoning Commission may overrule such Village Board Approval
waiver and require the submission of a
dimensioned site plan before making its findings and recommendations.
A brief summary of the factual evidence upon which the applicant will rely to
show that the standards for variation will be met.
Hearing:
(1)
The Zoning Official shall transmit the application to the Planning and Zoning
Commission, who shall hold a public hearing at such time and place as shall be
established by the Planning and Zoning Commission, after due notice is provided.
(2)
The hearing shall be conducted, and a record of such proceedings shall be
preserved, in such a manner as the Planning and Zoning Commission shall
prescribe.
(3)
Notice requirements for public hearings on variations are set forth in Section 9.8,
above.
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. The applicant seeking a variance has the burden of
identifying a specific practical difficulty and/or particular hardship. Further, in
making the determination that a practical difficulty or particular hardship exists, the
Planning and Zoning Commission and Village Board of Trustees must find that the
applicant has established the following:
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(2)
(a)
Special or unique circumstances exist that are unique to the property
seeking the variance (examples of special circumstances include, but are
not limited to the physical character of the land or buildings, dimensions,
topography, and soil conditions); and
(b)
The special circumstances are not of so general or recurring a nature
throughout the entire Village as to make it reasonably practical to provide
for a general regulation; and
(c)
Strict application of the Development Ordinance will deprive the applicant
of rights and/or uses commonly enjoyed by other owners of property in the
immediate area under the regulations of this Development Ordinance; and
(d)
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; and
(e)
The variance is the minimum variance that will make possible the
reasonable use of the property, building, or structure.
The Commission may recommend denial of and/or the Village Board may deny an
application for a variance if evidence is submitted and substantiated demonstrating
any of the following:
(a)
The need for the variance was created by the applicant or another party
with an interest in the property;
(b)
The granting of the variance will impair neighboring property values;
and/or
(c)
The granting of the variance will cause substantial detriment to the public
good.
(Am. Ord. 946, passed 6-1-2015)
F.
Decision:
(1)
Within fifteen (15) days after the close of the hearing on a proposed variation, the
Planning and Zoning Commission shall prepare a written statement of findings of
fact and recommendations, and shall submit this statement to the Village Board.
The findings of fact shall specify the reason or reasons for recommending
approval, approval with conditions, or denial of the proposed variation.
(2)
The Planning and Zoning Commission is not required to recommend for approval
the full variation requested. The Planning and Zoning Commission may
recommend, and the Village Board may approve, a variation of less extent than that
contained in the request.
(3)
The Planning and Zoning Commission may recommend, and the Village Board
may require, such conditions and restrictions upon the premises benefitted by a
variation as may be necessary in their opinion to comply with the standards set
forth in this section, to reduce or minimize injurious effect of such variation upon
other property in the neighborhood and/or to implement the general purpose and
intent of this Ordinance.
(4)
A concurring vote of a majority of those members present at the meeting, with a
minimum of four (4) concurring votes, shall be required to recommend granting or
denying an application for variation.
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(5)
The decision of the Village Board of Trustees shall be final, and subject to judicial
review only in accordance with applicable State statutes.
(6)
No variation shall be granted, except by ordinance duly passed and approved by
the Mayor and Village Board, after public hearing and written findings of fact and
recommendation from the Planning and Zoning Commission. The terms of relief
granted shall be specifically set forth in the ordinance.
9.11 AMENDMENTS:
A.
Purpose:
(1)
(2)
Amendments to the text or map of this Ordinance may be granted to:
(a)
Promote the public health, safety, morals, comfort, and general welfare of
the Village of Forsyth.
(b)
Conserve the value of property throughout the Village.
(c)
Lessen or avoid congestion in the public streets and highways.
Amendments shall be classified as follows:
(a)
Text Amendments, which are amendments to the text of this Ordinance.
(b)
Map Amendments, which are amendments to the Zoning Map, adopted
pursuant to this Ordinance.
B.
Authority – The Village Board may, after receiving a recommendation from the Planning
and Zoning Commission in the manner hereinafter set forth, approve, approve with
conditions, or deny a text or a map amendment, pursuant to the procedures set forth herein.
C.
Initiation – Amendments may be proposed by the Village Board, the Planning and Zoning
Commission, or any property owner or interested
person or organization.
Amendments
SEE SECTION 9.11
Processing – A petition or application for an
amendment shall be filed with the Zoning Official,
and shall include at least the following
information:
D.
(1)
Text Amendments:
(a)
Name, address, and telephone
number of the petitioner or
applicant.
(b)
The proposed text amendment.
(c)
A statement of how the proposed
amendment relates to the
Comprehensive Plan, as may be
amended from time to time or
otherwise promotes the public
health, safety, and general welfare
of the Village of Forsyth.
Amendment Proposal
Public Hearing by PZC
Planning & Zoning
Commission Review
and Decision
Village Board Approval
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(2)
E.
F.
Map Amendments:
(a)
Name, address, and telephone number of the petitioner or applicant.
(b)
The proposed map amendment, including:
(i)
Legal description of the property to be affected.
(ii)
Common address and permanent index number (PIN).
(iii)
Identification of existing zoning.
(iv)
Identification of proposed zoning.
(v)
Existing use of the property.
(vi)
Proposed use of the property.
(vii)
Location map showing property lines, streets, and such other items
as the Zoning Official may require.
(viii)
A written statement of how the proposed amendment:
a.
Relates to the Comprehensive Plan.
b.
Promotes the public health, safety, and general welfare.
c.
Fulfills the standards set forth in item Section F.
Standards, below.
Hearing:
(1)
The Zoning Official shall transmit the application to the Planning and Zoning
Commission, who shall hold a public hearing at such time and place as shall be
established by the Planning and Zoning Commission, after due notice is provided.
(2)
The hearing shall be conducted, and a record of such proceedings shall be
preserved, in such a manner as the Planning and Zoning Commission shall
prescribe.
(3)
Notice requirements for public hearings on amendments are set forth in Section
9.8, above.
Standards – The Planning and Zoning Commission shall not recommend, nor the Village
Board grant, an amendment to alter the zoning district boundary lines, unless it shall
determine, based upon the evidence presented to the Planning and Zoning Commission,
that:
(1)
The amendment promotes the public health, safety, comfort, convenience, and
general welfare of the Village, and complies with the policies, Comprehensive
Plan, and other official plans of the Village of Forsyth.
(2)
The trend of development in the area of the subject property is consistent with the
requested amendment.
(3)
The requested zoning classification permits uses which are more suitable than the
uses permitted under the existing zoning classification.
(4)
The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed under the existing zoning classification.
(5)
The amendment, if granted, will not alter the essential character of the
neighborhood, and will not be a substantial detriment to adjacent property.
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G.
H.
Decision:
(1)
Within fifteen (15) days after the close of the hearing on a proposed amendment,
the Planning and Zoning Commission shall prepare a written statement of findings
of fact and recommendations and submit this statement to the Village Board. The
findings of fact shall specify the reason or reasons for recommending approval,
approval with conditions, or denial of the proposed text or map amendment.
(2)
The Village Board of Trustees may, by ordinance, grant or grant with modification
a text or map amendment. If an application is not acted upon by the Village Board
within three (3) months of the date upon which a Findings of Fact have been filed
by the Planning and Zoning Commission, it shall be deemed to have been denied.
(3)
A concurring vote of a majority of those members of the Planning and Zoning
Commission present at the meeting, with a minimum of four (4) concurring votes,
shall be required to recommend granting or denying an application for an
amendment.
(4)
In those instances where the Village Board does not concur with a recommendation
of the Planning and Zoning Commission to deny a map or text amendment, the
favorable vote of two-third (2/3) of the members of the Village Board shall be
necessary to grant an ordinance granting the amendment.
(5)
No amendment shall be granted except by ordinance duly passed and adopted by
the Village Board, after public hearing and written recommendation from the
Planning and Zoning Commission.
Written Protest:
(1)
(2)
A map or text amendment shall not be passed except by a favorable vote of twothirds (2/3) of the members of the Village Board in the case of a written protest
against any proposed text amendment or map amendment when said protest is
signed and acknowledged by the owners of twenty (20) percent of the:
(a)
Frontage proposed to be altered.
(b)
Frontage immediately adjoining or across an alley from the property.
(c)
Frontage directly opposite the frontage proposed to be altered.
The written protest shall be served by the protester or protestors on the applicant
for the proposed amendment, and a copy served on the Village attorney, and the
applicant's attorney, if any, by certified mail at the address of such applicant and
attorney shown in the application or petition for the proposed amendment.
9.12 SPECIAL USES:
A.
Purpose:
(1)
The development and execution of this Ordinance is based upon the division of the
Village of Forsyth into districts, within any one of which the use of land and
buildings, and the standards for height and location of buildings or structures, as
related to the land, are essentially uniform.
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(2)
It is recognized, however, that there are special uses which, because of their unique
character, cannot be properly classified in any particular district or districts without
consideration, in each case, of the potential impact of those uses upon neighboring
lands and upon the public need for the particular use or particular location.
(3)
Such special uses fall into two categories:
(a)
(b)
Uses operated by a public agency or publicly-regulated utilities, which are
uses traditionally associated with a public interest, such as parks,
recreation areas, public administrative buildings, or the private use of
existing public buildings.
(i)
It is stressed that public uses are associated with the public
interest.
(ii)
In the case of a request for a special use by a unit of local
government, for a public use within its statutory mandate, the
review shall not be based on determining the need for the publicly
mandated use on the specific site but, rather for assessing the
impact of the proposed public use upon neighboring lands, and
upon the Village's streets or utilities.
Uses entirely private in character, but of such a nature that the operation
may give rise to unique problems or benefits with respect to their impact
upon neighboring property, public facilities, the Village as a whole, or the
natural environment or resources.
B.
Authority – The Village Board may, after receiving a recommendation from the Planning
and Zoning Commission in the manner hereinafter set forth, approve, approve with
conditions, or deny a special use, pursuant to the procedures set forth herein.
C.
Initiation – A special use request may be made by any person, or by an office, department,
board, bureau, or commission requesting or
intending to request a building permit or
Special Uses
occupancy certificate.
SEE SECTION 9.12
Processing – A petition or application for a special
use shall be filed with the Zoning Official, and
shall include at least the following information:
(Am. Ord. 946, passed 6-1-2015)
D.
(1)
Name, address, and telephone number of
the applicant.
(2)
Legal description of the property for
which the special use is requested.
(3)
Description of the existing use of the
affected property.
(4)
The present zoning classification for the
affected property.
(5)
Description of the proposed special use.
Request for Special Use
Public Hearing by PZC
Planning & Zoning
Commission Review
and Decision
Village Board Approval
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(6)
(7)
E.
F.
A dimensioned site plan or plat, showing the location of:
(a)
All buildings.
(b)
Parking areas.
(c)
Traffic access and circulation.
(d)
Open spaces and yards.
(e)
Landscaping.
(f)
Refuse and service areas.
(g)
Utilities.
(h)
Signs.
(i)
Other information as determined by the Planning and Zoning Commission
as necessary for determining if the proposed special use meets the intent
and requirements of this Ordinance.
A written statement that addresses the:
(a)
Economic effects on adjoining properties.
(b)
Effects of such elements as noise, glare, odor, fumes, and vibration on
adjoining properties.
(c)
General compatibility with adjacent and other properties in the district.
(d)
Effects of traffic generated by the proposed use.
(e)
Relationship to the Comprehensive Land Use Plan.
(f)
Way the proposed special use fulfills requirements of Section F, Standards,
below.
Hearing:
(1)
The Zoning Official shall transmit the application for a special use to the Planning
and Zoning Commission, who shall hold a public hearing at such time and place as
shall be established by the Commission, after due notice is provided.
(2)
The hearing shall be conducted, and a record of such proceedings shall be
preserved, in such a manner as the Planning and Zoning Commission shall
prescribe.
(3)
Notice requirements for public hearings on amendments are listed in Section 9.8.
Standards:
(1)
The Planning and Zoning Commission shall not recommend, nor the Village Board
approve a special use, unless it shall find, based upon the evidence presented to the
Planning and Zoning Commission in each specific case, that the special use:
(a)
Will be harmonious with and in accordance with the general objectives of
the Comprehensive Land Use Plan and/or this Ordinance.
(b)
Will be designed, constructed, operated, and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity, and that such use will not alter the
essential character of the same area.
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(2)
G.
(c)
Will not be hazardous or disturbing to existing or future neighborhood
uses.
(d)
Will be adequately served by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewers, and schools, or that the persons or agencies
responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
(e)
Will not create excessive additional requirements at public cost for public
facilities and services, and will not be detrimental to the economic welfare
of the Village of Forsyth.
(f)
Will not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property, or
the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
(g)
Will have vehicular approaches to the property which shall be so designed
as to not create an undue interference with traffic on surrounding public
streets or highways.
(h)
Will not increase the potential for flood damage to adjacent property, or
require additional public expense for flood protection, rescue, or relief.
(i)
Will not result in the destruction, loss, or damage of natural, scenic, or
historic features of major importance to the Village of Forsyth.
The special use shall, in all respects, conform to the applicable regulations of the
district in which it is located, except as such regulations may be modified, in each
instance, by the Village Board, pursuant to the recommendations of the Planning
and Zoning Commission.
Decision:
(1)
Within fifteen (15) days after the close of the hearing on a proposed special use, the
Planning and Zoning Commission shall prepare a written statement of findings of
fact and recommendations and submit this statement to the Village Board.
(2)
The Village Board of Trustees may, by ordinance, grant or grant with modification,
a requested special use. The Village Board will act on a special use request within
three (3) months of the date upon which such application is filed unless a
continuation is requested.
(3)
The Planning and Zoning Commission may recommend, and the Village Board
may approve, conditions and restrictions upon the premises benefitted by a special
use as may be necessary in their opinion to:
(a)
Comply with the standards set forth in Section 9.13 F, above.
(b)
Reduce or minimize injurious effect of such special use on other property
in the neighborhood.
(c)
Implement the general purpose and intent of this Ordinance.
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(4)
H.
No special use shall be granted, except by ordinance duly passed and adopted by
the Village Board after public hearing and written recommendation from the
Planning and Zoning Commission, and considering the following:
(a)
Without further public hearing, the Village Board may grant, deny, or
amend the recommendation for special use.
(b)
Every special use granted by ordinance of the Village Board shall be
accompanied by findings of fact, and shall refer to any exhibits containing
plans and specifications of the proposed special use, which shall remain a
part of the permanent records of the Planning and Zoning Commission.
(c)
The findings shall specify the reason or reasons for approving or denying
the special use.
(d)
Any terms of relief granted as part of a special use shall be specifically set
forth in the findings and ordinance.
(5)
A concurring vote of a majority of those members of the Planning and Zoning
Commission present at the meeting, with a minimum of four (4) concurring votes,
shall be required to recommend granting or denying an application for a special
use.
(6)
Changes in restrictions or conditions shall be processed in the manner established
by this Article for special uses.
Written Protest:
(1)
(2)
A special use shall not be passed except by a favorable vote of two-thirds (2/3) of
the members of the Village Board in the case of a written protest against any
proposed special use when said protest is signed and acknowledged by the owners
of twenty (20) percent of the:
(a)
Frontage proposed to be altered.
(b)
Frontage immediately adjoining or across an alley from the property.
(c)
Frontage directly opposite the frontage proposed to be altered.
The written protest shall be served by the protester or protestors on the applicant
for the proposed special use, and a copy served on the applicant's attorney, if any,
with a copy to the Village attorney by certified mail at the address of such
applicant and attorney shown in the application or petition for the proposed special
use.
9.13 ANNEXATION:
A.
Procedures for Annexation of Land – Annexation of property to the Village shall be
governed by the provisions of the Illinois Municipal Code, 65 ILCS 5, Article 7, Division
1: Annexation.
(1)
Annexation without an Annexation Agreement. Property annexed to the Village
without an annexation agreement shall be automatically classified as R-E (Single
Family Estate Residential), unless an application for rezoning has been filed
pursuant to Section 9.10: Amendments.
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(2)
B.
Annexation with an Annexation Agreement. Property annexed to the Village
that is subject to an annexation agreement shall be classified in accordance with the
zoning specified in the agreement. An application for rezoning shall be filed
concurrent with the filing of an application for an annexation agreement. The
applications will be processed pursuant to Section 9.10: Amendments.
Consistency with the Comprehensive Plan – The requested zoning of annexed property
shall be consistent with the Comprehensive Plan, or the applicant shall request an
amendment to the Comprehensive Plan. An application to amend the Comprehensive Plan
shall be processed concurrent with the application for rezoning.
9.14 SITE PLAN REVIEW:
A.
Purpose – Site plan review is established to ensure compliance with the standards of
development outlined in this Development Ordinance. In particular, is designed to ensure
compliance with the parking, screening, landscaping, and other requirements outlined in
Section 4.6 for all Non-Residential, R-3, and Planned Unit Developments.
B.
Applicability – Site plan approval shall be required prior to the issuance of a building
permit for all new construction, any additions (building or parking), and the erection of
building structures for all non-residential, R-3, and Planned Unit Developments. The
following are specifically exempt from site plan review:
(1)
Agricultural structures on farmsteads or single-family lots;
(2)
One-family and two-family residential uses;
(3)
Any commercial, office, manufacturing or multi-family refurbishing, renovation,
or structural addition that constitutes less than twenty-five (25%) percent of the
total square footage of an existing structure.
C.
Application – An application for site plan review shall be filed with the Zoning Official.
The application shall be accompanied by a nonrefundable fee as established by the Village
Board.
D.
Plan Submission – One electronic set (PDF) and three paper sets of all site plans shall be
submitted to the Zoning Official with all required information. 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: (Am. Ord. 946, passed 6-1-2015)
(1)
Property owner's name, address and phone number;
(2)
The developer's name, address and phone number (if different from property
owner);
(3)
Name, address and phone number of architect, land planner, engineer, surveyor or
consulting firm (with contact person listed) who is responsible for compiling the
plan;
(4)
A complete legal description of the subject property;
(5)
Date of plan preparation and/or revision;
(6)
North arrow and graphic scale;
(7)
Current zoning/requested zoning (if a change is desired);
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(8)
E.
Illustration of proposed site conditions, including:
(a)
Existing topography graphically represented via contour lines of two-foot
intervals, extending twenty feet surrounding the subject site;
(b)
Location and extent of water bodies, wetlands, streams and floodplains on
or adjacent to the subject site;
(c)
Sidewalks, curbing and drainage structures;
(d)
Stormwater Detention/Retention Areas. Method of computing drainage
requirements shall be consistent with those specified in the Village
subdivision regulations;
(e)
Floor area for building footprint and gross floor area of structure, building
height and number of stories.
(f)
Parking, loading, drive isles, drive-up isles, driveway access, refuse
disposal, and computation of required parking spaces;
(g)
Building elevation (facade drawing) of all faces indicating design
character, type of materials, colors, signage and special features;
(h)
Grading/drainage plans, including contours and elevations;
(i)
Erosion control plan for any proposed detention or retention area;
(j)
Utility plans indicating location of water and sanitary sewer service lines,
including size and type of pipe and all other information such as hydrants
and clean-outs as may be required by the Village engineer;
(k)
Landscape plans, including a schedule of all trees by type and size, berms
and fencing and survey of any existing tree on site with a caliper of more
than six inches. All landscape plans shall depict all trees at seventy-five
percent maturity;
(l)
Lighting plans, including type of fixtures, height and location.
Site Plan
Procedure for Review of Site Plans.
(1)
Plan Review Committee Created. To
provide for the review of subdivision,
planned unit development, and site plan
applications, a plan review committee is
hereby established. This Committee
shall consist of the Zoning Official, the
Mayor, the Planning and Zoning
Commission
Chairman
or
other
Commission member, and any other
Village consultants or staff as
determined appropriate by the Zoning
Official. No quorum is required to
conduct a Plan Review Committee.
The plan review committee shall meet as
needed. At least one week prior to any
such meeting, the Zoning Official shall
submit copies of all pending applications
to committee members. The purpose of
SEE SECTION 9.14
Optional Pre-Application
Submit Complete
Application
Plan Review Committee
Review
Village Board Appeal
(if requested)
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this committee is to review applications for completeness and compliance with
Village codes and regulations. The Zoning Official will be responsible for
documenting suggestions made at committee meetings and forwarding comments
to the plan review committee and the applicant. (Am. Ord. 946, passed 6-1-2015)
(2)
Optional Pre-Application Meeting. Before submitting a complete application
and receiving written feedback, the applicant or the Village Administrator may
request a pre-application meeting with the Zoning Official.
The purpose of the pre-application meeting is to provide the applicant with a
preliminary review of his/her proposal and to identify whether the site plan or other
proposed improvement plans, if any, appear to provide sufficient detail to
determine compliance with the provisions of the Development Ordinance and all
other applicable Village standards and ordinances.
(3)
Site Plan Filing and Decision.
(a)
All site plans which are appropriately submitted and conform to standards
and regulations set forth in this section shall be filed with the Village of
Forsyth Zoning Official. The Zoning Official shall submit a complete
copy to each member of the plan review committee.
(b)
The site plan will then be reviewed by the plan review committee, who
will approve, approve with conditions, or deny the proposed plan within
thirty days following receipt of such site plan from the Zoning Official.
This time limit may be extended with consent of the petitioner when plan
revisions are requested prior to approval. The plan review committee's
decision shall be based upon substantial compliance with the provisions of
this ordinance, particularly Section 4.6, General Provisions for NonResidential, R-3, and Planned Unit Development Uses. The petitioner
may appeal any decision of the plan review committee to the Village
Board for a final decision. The Zoning Official shall prepare a letter
summarizing plan review committee decisions and provide a copy to the
applicant.
9.15 TIME LIMITATIONS:
An approval pursuant of the provisions of this Ordinance of a variation, special use, or creation or
modification for a planned unit development shall become null and void should a building permit
to begin construction not be applied for within eighteen (18) months of the approval of the
ordinance, or the recording of a final plat for a planned unit development, unless this time limit is
expressly extended by the Village Board of Trustees. An extension shall be requested by the
applicant prior to the eighteen (18) month time limitation. (Am. Ord. 946, passed 6-1-2015)
9.16 FEES:
A.
The Village Board shall establish a schedule of fees, charges, and expenses for zoning
letters, occupancy certificates, appeals, variations, amendments, planned unit
developments, special uses, subdivision review, and other administrative matters pertaining
to this Ordinance.
B.
The approved schedule of fees shall be filed and posted in the office of the Zoning Official,
and may be altered or amended by the Village Board, from time to time.
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C.
All consulting fees incurred by the Village, including but not limited to, engineering,
planning, and legal fees in consideration of the petition, for variations, amendments, special
use permits, and site plan review, pursuant to the terms of this Ordinance, shall be paid by
the petitioner or applicant. This includes any pre-application meetings.
D.
No action shall be taken on any appeal, or application for variation, amendment, or special
use until all applicable fees, charges, and expenses have been paid in full.
9.17 ENFORCEMENT AND PENALTIES:
The form of notice of any violation of this Development Ordinance, as well as the penalties and
enforcement requirements of the same, shall be set forth in this Section.
A.
The following notice process shall be followed for any violation of the Development
Ordinance:
(1)
The Code Enforcement Officer shall issue a notice of violation by certified and
regular mail to the person(s) who have committed a violation. The term persons as
used herein shall include corporations, partnerships and any other legal entity. The
notice of violation shall state: (1) that a violation has occurred and what the
violation is, including a citation to the specific provision of the Development
Ordinance being violated; (2) that the violation much be corrected within 15 days
of the postmark on the notice of violation; and (3) that if the violation is not
corrected the fines listed in the notice of violation will be imposed. The notice of
violation must specify a list of the applicable fines and penalties.
(2)
If the violation is corrected within the 15-day period, as determined by the Code
Enforcement Officer, no further action will be taken and no fines will be imposed.
If the violation is not corrected within the 15-day period or an extension is not
granted in accordance with Section 9.17 A(3) below, then the fines and penalties
set forth in Section B below shall be levied against the violator.
(3)
The Zoning Official may grant an extension of the 15-day period if the person in
violation has made a significant effort to correct the violation but cannot meet the
deadline or other circumstances outside the control of the person in violation are
found to exist by the Zoning Official. No extension may exceed 180 days and all
extensions must be in writing and signed by both parties and a copy given to the
Village Mayor and Chairperson of the Planning and Zoning Commission. (Am.
Ord. 2016-3, passed 3-7-2016)
(4)
Only one notice of violation need be given and each day the violation continues
shall be treated as an additional and separate violation and offense. Each notice
shall clearly specify this provision.
(5)
In cases of violations of any provision of the Development Ordinance that may
result in a health or safety issue, the Code Enforcement Officer shall have the
discretion to shorten the notice times and may require immediate compliance or
take other action necessary to address the violation(s).
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 22
B.
C.
The penalties and collection efforts shall be as follows:
(1)
In addition to any other remedies, including injunctive relief provided herein, any
person, firm, partnership, corporation, or other entity who or which shall violate
any provision of this Development Ordinance shall, upon conviction thereof, be
fined not less than seventy-five dollars ($75) nor more than seven-hundred fifty
dollars ($750). Each day any violation of any provision of the Development
Ordinance shall continue shall constitute a separate violation and offense.
(2)
In addition to any monetary fines, in the event that any building or structure is
erected, constructed, altered, repaired, converted, or maintained or any building,
structure, or land is used in violation of this Development Ordinance, the Village
Attorney, as directed by the Village Board, may institute any proper action or
proceedings in the name of the Village to: (i) prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance, or use; (ii)
restrain, correct, or abate such violation; (iii) prevent the occupancy of said
building, structure, or land; and/or (iv) prevent any illegal act, conduct, business, or
use in, or about, said premises.
(3)
If fines are not paid within 45 days and/or a violation is not remedied within 45
days of the notice sent in Section 9.17 A(1) above, or sooner as may be directed by
the Zoning Official or Village Board, the Village Attorney shall send notice to the
violator demanding compliance and seeking resolution. If the Village Attorney
and staff are unable to resolve the after this demand, the Village Attorney may
initiate collection efforts in court or otherwise to collect unpaid fines and/or to seek
compliance with the provisions of the Development Ordinance as directed by the
Village Board.
(4)
Any fees or cost incurred by the Village with respect to attorneys or private
collection agents retained by the Village under Section 1-2-1 of the Municipal
Code shall be charged to the violators.
Any person receiving a notice of violation may appeal the violation to the Planning and
Zoning Commission as follows:
(1)
Submission of a written appeal statement from the person in violation to the
Village Clerk via certified mail or filing with the Village Clerk at Village Hall
during normal business hours, at least 3 days prior to expiration of the 15-day
deadline to fix the violation. The Village Clerk shall thereafter immediately, or as
soon as possible thereafter, deliver the written statement of appeal to the
Chairperson of the Planning and Zoning Commission.
(2)
The Chairperson of the Planning and Zoning Commission shall set the date for
hearing the appeal before the Planning and Zoning Commission and shall notify
the person of the hearing date by certified and regular mail. The hearing shall take
place no later than 30 days after the appeal is filed with the Village. Collection of
any fines or other enforcement action will be postponed until the Planning and
Zoning Commission has made a ruling on the appeal.
(Ord. 910, passed 6-2-2014)
Forsyth Development Ordinance – Article IX – Administration and Processing – 8/9/2013
Page 9 - 23
ARTICLE X
ENVIRONMENTAL PERFORMANCE STANDARDS
ENVIRONMENTAL PERFORMANCE STANDARDS ..............................................................10-1
10.1 GENERAL PERFORMANCE REQUIREMENTS ...........................................................10-1
10.2 NOISE ..................................................................................................................................10-2
10.3 VIBRATION........................................................................................................................10-2
10.4 ODOR ..................................................................................................................................10-3
10.5 DUST AND AIR POLLUTION..........................................................................................10-3
10.6 TOXIC AND NOXIOUS MATTER...................................................................................10-3
10.7 FIRE AND EXPLOSIVE HAZARDS ................................................................................10-3
The purpose of this section is to provide a set of minimum standards for the maintenance of
environmental conditions necessary for insuring the general health, safety, and well-being of the
community. (See Stormwater Management Ordinance and the Stormwater Ordinance) All uses shall
comply with the performance standards established in this Section unless any federal, state, county, or local
law, ordinance, or regulation establishes a more restrictive standard, in which case, the more restrictive
standard shall apply.
10.1 GENERAL PERFORMANCE REQUIREMENTS:
A.
General Standards. No re-zoning shall be permitted that will result in the serious
deterioration of environmental resources. Therefore, a zoning petition shall be prepared
to demonstrate to the Planning and Zoning Commission how the anticipated deve lopment
may be accomplished so as to prevent environmental deterioration. The following
portions of this section will be devoted to the development of minimum standards for
the protection of the environment.
B.
Residential and Commercial Performance Standards.
Any construction,
development, or use of land in any residential, office, or commercial zone shall be
subject to the additional standards contained in this section. To adequately satisfy itself
that these standards can be met, the Planning and Zoning Commission may require the
following information from a zoning petitioner prior to taking action on the petition:
(1)
General soil maps, interpretative text of soil uses, National Wetland Inventory
maps, general slope maps, tree surveys, percolation tests, test well logs, and any
other reasonable information the Planning and Zoning Commission deems
necessary to determine the suitability of the site for the uses anticipated, and to
show the susceptibility of natural features to erosion and pollution problems.
(2)
A general site layout showing how the site can be developed without resulting in
conditions which are in conflict with the standards of this section.
(3)
Specifications and descriptions of any waste treatment system, not part of the
Village waste treatment system.
Forsyth Development Ordinance – Article X – Environmental Performance Standards – 8/9/2013 Page 10 - 1
(4)
General Standards for Prevention of Erosion: No development shall be permitted
which would result in a major transfer of top soil to areas of streams, drainage
systems, roadways, or other lands by erosion. The Planning and Zoning
Commission shall consider the erosion susceptibility of the site, and the
proposals of the developer to contain erosion where possibilities are suspected,
prior to rezoning a parcel of ground.
10.2 NOISE:
A.
At no point on or beyond the boundary of any zoning lot shall the sound level resulting
from any use or activity not hereafter specifically exempted, whether open or enclosed,
exceed the maximum permitted decibel levels for the designated octave band as set forth
by this Ordinance.
B.
Sound levels shall be measured with a sound level meter and associated octave band
analyzer manufactured according to standards prescribed by the American Standards
Association. The flat network "slow" meter response of the sound meter shall be used.
Impulsive type noises shall be measured with an Impact Noise Analyzer, and the peak
values so measured shall not exceed the maximum permitted sound pressure levels by
more than three (3) decibels. The reference level for the decibel is 0.0002 microbar.
Octave Band Center
Frequency (Hertz)
31.5
63
125
250
500
1000
2000
4000
8000
C.
Maximum Permitted Sound
Level Pressure in Decibels
72
71
65
57
51
45
39
34
32
The following uses and activities shall be exempt from the noise level regulations:
(1)
Noises not directly under the control of the property user.
(2)
Between the hours of 7:00 A.M. and sunset, noises customarily resulting from
construction and the maintenance of grounds.
(3)
The noise of safety signals, warning devices, aircraft and railroads, snow
plowing, and mosquito abatement.
(4)
Church bells, chimes, and carillons.
10.3 VIBRATION:
No vibration from the operation of any use shall be detectable at any point off the lot on which
the use is located.
Forsyth Development Ordinance – Article X – Environmental Performance Standards - 8/9/2013 Page 10 - 2
10.4 ODOR:
Any condition or operation which results in the creation of odors of such intensity and character
as to be detrimental to the health and welfare of the public, or which interferes unreasonably with
the comfort of the public, shall be removed, stopped, or modified so as to remove the odor.
If a determination of an odor being qualified as a nuisance is inconclusive, the standard shall be
that the emission of odors is prohibited when emitted in such quantities that it is detectable at any
point along a lot line when diluted in the ratio of one (1) volume of odorous air to two (2)
volumes of clean air, as measured with a calibrated field olfactometer.
10.5 DUST AND AIR POLLUTION:
Dust and other types of air pollution, borne by the wind from sources such as storage areas, yards,
roads, conveying equipment and the like, within lot boundaries, shall be kept to a minimum by
appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other
acceptable means. This requirement shall not apply when the wind speed is greater than twentyfive (25) miles per hour. Determination of wind speed for the purposes of this rule shall be a one
(1) hour average or hourly-recorded value at the nearest official station of the U.S. Weather
Bureau or by wind speed instruments operated on the site.
10.6 TOXIC AND NOXIOUS MATTER:
No emission which would be demonstrably injurious to human health, animals or plant life
common to the region, on the ground at or beyond any lot line will be permitted. Where such
emission could be produced as a result of accident or equipment malfunction, adequate
safeguards considered standard for safe operation in the industry involved shall be taken. This
shall not be construed to prohibit lawful spraying of pesticides on public or private property.
10.7 FIRE AND EXPLOSIVE HAZARDS:
Materials that present potential fire and explosion hazards shall be transported, stored and used
only in conformance with all applicable federal, state and local laws.
Forsyth Development Ordinance – Article X – Environmental Performance Standards - 8/9/2013 Page 10 - 3
ARTICLE XI
SUBDIVISION
SUBDIVISION .......................................................................................................................... 11-1
11.1 SUBDIVISION PURPOSE AND INTENT .......................................................................11-2
11.2 SUBDIVISION PROCEDURES ........................................................................................11-3
11.3 PLATS AND MAPS..........................................................................................................11-10
11.4 PRELIMINARY PLATS (MAJOR/ PLANNED UNIT DEVELOPMENTS)................11-12
11.5 FINAL PLAT: MAJOR, MINOR, REPLAT, AND
PLANNED UNIT DEVELOPMENTS .............................................................................11-14
11.6 CERTIFIED SURVEY ......................................................................................................11-17
11.7 PLANNED UNIT DEVELOPMENT ...............................................................................11-17
11.8 PLAT OF CONSOLIDATION. ........................................................................................11-17
11.9 PHYSICAL DESIGN ........................................................................................................11-18
11.10 STREET SYSTEM DESIGN ............................................................................................11-19
11.11 EASEMENTS ....................................................................................................................11-22
11.12 BLOCKS ............................................................................................................................11-22
11.13 LOTS ..................................................................................................................................11-22
11.14 BUILDING SETBACK LINES ........................................................................................11-23
11.15 PARKS, SCHOOLS, AND PUBLIC AREAS..................................................................11-23
11.16 DRAINAGE .......................................................................................................................11-27
11.17 REQUIRED IMPROVEMENTS AND SPECIFICATIONS ...........................................11-28
11.18 GRADING AND MONUMENTATION..........................................................................11-29
11.19 STREET IMPROVEMENTS ............................................................................................11-30
11.20 SIDEWALKS ....................................................................................................................11-30
11.21 CURB AND GUTTER ......................................................................................................11-30
11.22 PUBLIC UTILITIES .........................................................................................................11-30
11.23 STORM DRAINAGE........................................................................................................11-31
11.24 DAMS AND IMPOUNDMENT STRUCTURES............................................................11-33
11.25 WATERLINES ..................................................................................................................11-34
11.26 SANITARY SEWERS ......................................................................................................11-34
11.27 STREET LIGHTS..............................................................................................................11-35
11.28 STREET SIGNS ................................................................................................................11-35
11.29 DEDICATIONS.................................................................................................................11-35
11.30 EASEMENTS ....................................................................................................................11-36
11.31 RESERVATIONS .............................................................................................................11-36
11.32 VACATIONS ....................................................................................................................11-37
11.33 BONDS AND FINANCIAL GUARANTEES .................................................................11-38
11.34 FEES...................................................................................................................................11-39
11.35 VIOLATIONS AND PENALTIES ...................................................................................11-39
11.36 VARIATION AND RELIEF.............................................................................................11-40
11.37 PLANNED UNIT DEVELOPMENTS .............................................................................11-40
11.38 AMENDMENTS ...............................................................................................................11-40
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-1
11.1 SUBDIVISION PURPOSE AND INTENT:
A.
Authority – This Article was adopted under authority granted by Illinois State Statutes
(65 ILCS 5/11-12-8), as amended, and was adopted by the Village of Forsyth on the 22nd
day of September, 1983, and amended the 19th day of August, 1996.
B.
Jurisdiction – The plat approval jurisdiction of the Village of Forsyth shall include all
land within one-and-one-half (1½) miles of the Village Limits or all land specifically
referred to in the Village of Forsyth’s Comprehensive Plan.
C.
Purpose – The purpose of this Article is to regulate and control the division of land
within the plan approval jurisdiction of the Village of Forsyth to prevent the subdivision
of land for uses to which the land is not suited, and to regulate the manner of subdivision
as to prevent serious hazards and problems for the citizens of the community. Therefore;
the regulations, requirements, standards, procedures, specifications, and controls
contained herein are established to ensure proper development of the Village and to
promote the public health, safety, convenience, prosperity, aesthetics, and general welfare
of the community.
D.
Intent – It is intended that this Article establish regulations, requirements, standards,
procedures, specifications, and controls specifically needed:
(1)
To provide for the orderly division of land by requiring the proper description,
monumentation, and recording of subdivided land.
(2)
To establish what land areas are and are not eligible for division into lots and to
regulate uses of land to prevent land from being used for purposes for which the
land is not suited.
(3)
To provide for reasonable protection and conservation of those natural resources
(land, air, vegetation, and water) upon which the continued prosperity, safety,
health, and welfare of the community and surrounding region may depend.
(4)
To secure adequate safeguards as part of the subdivision processes to protect the
general public from hazards of flooding, fire, overcrowding, and other problems,
which could endanger public health or safety.
(5)
To secure adequate public convenience and safety through regulations governing
the installation, design, and location of public streets.
(6)
To ensure provisions are made for adequate open space, utilities, and other public
facilities deemed necessary for general public health and convenience.
(7)
To ensure proper development of the community by requiring a subdivision to be
developed according to the requirements and guidelines of all officially adopted
Village Plans and Ordinances, including the Comprehensive Plan and this
Development Ordinance.
(8)
To protect the community's taxable resources by requiring that a subdivision be
designed and developed so as not to impose excessive maintenance burdens on the
community but still allowing for reasonable low development costs for the
developer and general homeowners.
(9)
To prevent scattered development beyond the reasonable service area of
community facilities and utilities.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-2
(10)
To provide reasonable and equitable procedures and regulations for handling all
subdivision plats by providing uniform procedures and standards for observance
by both the approving authority and subdivider, and to do this without causing
unnecessary and unreasonable cost to the developer, Village, or homeowner.
E.
Scope of Regulations – This Article shall govern all divisions of land within the plat
jurisdiction of the Village of Forsyth in which any parcel of land is created less than five
acres in size or when any new easements of access are created. The provisions of this
Ordinance do NOT apply to transfers of interest in land by will or pursuant to court
order, leases for a term not to exceed five years, and the sale of parcels of land between
owners of adjoining property if additional lots are not thereby created and the resulting
lots are not reduced below the minimum sizes required by this Ordinance, the zoning
ordinances or other applicable laws of the Village or County.
F.
The Validity of Plats – No subdivision of land or dedication of easements serving more
than two lots in the plat jurisdiction of this Ordinance made after the effective date of this
Ordinance shall be considered valid, entitled to record in the Office of the County
Recorder of Deeds or eligible for building permits from the Zoning Official, unless made
and improved in accordance with the requirements of this Ordinance and representing
either a minor subdivision, major subdivision, replat, or planned unit developments.
G.
Interpretation – In their interpretation and application, the provisions of this Ordinance
shall be held to the minimum requirements and shall be liberally construed in favor of the
Village of Forsyth and shall not be deemed a limitation or repeal of any other power
granted by the Illinois Statutes.
11.2 SUBDIVISION PROCEDURES:
A.
Pre-Application Conference and Investigation – Any person, corporation, firm, or
agent thereof, intending to subdivide land within the plat jurisdiction of the Village shall
proceed according to the steps outlined in this SECTION.
(1)
This Ordinance requires that before the Village accepts for review any preliminary
subdivision plat, final plat, plan development zoning plat, or any other survey made
for the purpose of dividing land that the subdivider or his agents shall first meet
with the Plan Review Committee for pre-application conferences and site
investigations.
(2)
The purpose of the pre-application meetings and investigations are as follows:
(a)
To determine the proper classification or procedure which the subdivider
should follow in the subdivision of the tract of land in question.
(b)
To ensure the subdivider fully understands all of the provisions of this
Ordinance and other Village codes related to the development of land.
(c)
To ensure the subdivider is thoroughly familiar with the standards,
materials, and specifications of the Village governing the construction of
streets, and other public facilities in the area he intends to subdivide.
(d)
To find out whether any other Village action such as zoning, annexation,
or street vacation needs to be taken prior to the development of the land.
(e)
To ensure the subdivider will conduct adequate background studies to
allow the subdivider to properly design the subdivision and to allow the
Village proper information to review the subdivision plan.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-3
(f)
(3)
To ensure the subdivision will be designed consistent with the Village of
Forsyth Comprehensive Plan and to ensure the subdivider is aware of all
the provisions of the plan, which would affect the design of the
subdivision.
Pre-Application Procedure:
(a)
Prior to the filing of an application for approval of a planned unit
development, the petitioner shall contact the Zoning Official to arrange an
informal meeting with the Plan Review Committee (the “Committee”).
The Committee may request the presence of the Village consultants, as
determined appropriate by the Zoning Official or Village Mayor. (Am.
Ord. 946, passed 6-1-2015)
(b)
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 four (4) 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 unit 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 Zoning Official.
(i)
North arrow, scale, and date of preparation.
(ii)
Name, address, and profession of the person or firm who prepared
the plan.
(iii)
Proposed name of the planned unit development.
(iv)
Proposed land uses.
(v)
Total acreage and percent of the site devoted to each land use.
(vi)
Proposed layout of streets, lots, and blocks.
(vii)
Proposed school and park sites, if applicable.
(viii)
Proposed greenbelt, if applicable, and other open space or
developed recreation areas.
(ix)
Proposed building footprints and estimated floor area for all
non­residential structures, if any.
(x)
Wetlands, floodplains, floodways, and surface waters, including
lakes, ponds, streams, and drainage swales.
(xi)
Any other data reasonably necessary to provide an accurate
overview of the proposed development as determined by the
Zoning Official.
(Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-4
B.
(c)
The Plan Review Committee shall evaluate the proposed concept plan and
other documentation and shall advise the petitioner as to the
compatibility of the development with the Comprehensive Plan, the
Development Ordinance, and the development goals and policies of the
Village of Forsyth. Recommendations relative to a pre-application
review are advisory and shall not constitute a waiver from the
requirements contained in applicable ordinances.
(d)
When determined desirable by the Committee, Village staff or its
consultants may prepare a written report to the Village Board. If
prepared, the report shall:
(i)
Evaluate the compatibility of the planned unit development with
Forsyth's Comprehensive Plan;
(ii)
Identify and comment on exceptions from applicable
ordinances which have been requested by the petitioner;
(iii)
Summarize recommendations by the Plan Review Committee
regarding the proposed planned unit development; and
(iv)
Summarize the petitioner's proposed schedule for submitting
preliminary and final plans in accordance with procedures set
forth herein.
Formal Procedures for Reviewing Preliminary and Final Plats – After the
subdivider has satisfied the pre-application requirements of this Ordinance, the
subdivider then shall proceed to process his plat in accordance with the appropriate
classification procedures established by this ORDINANCE. The following sections,
therefore, set the appropriate procedural requirements for minor subdivisions, major
subdivisions, replats, or planned unit development(s).
(1)
Minor Subdivision. The minor subdivision procedures shall be allowed when in
the determination of the Zoning Official five (5) lots or less will be created, the
subdivision fronts on an existing adequately improved street; does not involve
any new streets, easements of access or the extension or modification of other
municipal facilities, does not adversely affect the development of the
remainder of the parcel or adjoining property, and does not conflict with any
provisions of the official map or other applicable regulations or plans. After
the Zoning Official approves the classification of the proposed subdivision as
a minor plat, it shall be process in two steps in accordance with the following
procedures:
(a)
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 four (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. (Am. Ord. 946, passed 6-1-2015)
(b)
Before the Planning and Zoning Commission approves or rejects any plat,
the Developer shall deliver the copies of the Certified Survey Map to each
of the utility companies to ascertain whether any utility easements are
required; and one copy to the tax officer to ascertain whether there are any
unpaid taxes. These agencies within seven (7) days should return their
comments. If no answer is received within fifteen (15) days, it shall be
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-5
considered that there are no objections to the plat. The Developer shall
submit proof of submittals to the Zoning Official.
(2)
(c)
The approval or rejection of the plat by the Planning and Zoning
Commission shall be made in writing and transmitted to the Mayor of the
Village of Forsyth. The Mayor shall schedule a meeting upon the same
before the Board at its next regular meeting.
(d)
When a minor subdivision is approved by action of the Village Board, the
Mayor of the Village of Forsyth shall sign the plat and within fifteen (15)
days submit the original mylar, bearing his name and date to the Recorder
of Deeds and one signed copy to the Village Clerk for recording and shall
return one signed copy to the developer. The developer shall provide the
Village with an electronic file in AutoCAD and PDF of the approved
minor subdivision.
Major Subdivision. The processing of a subdivision as a major subdivision shall
be required on any parcel of ground that does not fall within the definitions of
minor subdivision set forth in paragraph (A) above. A major subdivision shall be
processed in three (3) steps, the preliminary plat stage, the construction and
inspection stage, and the final plat stage. The following sections set the proper
procedures to be followed in each of the three (3) stages mentioned. A review and
approval of each of these stages will be necessary before the subdivider will be
entitled to proceed to the following stage.
(a)
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 Ordinance, when he has paid his plat fees and when
he has submitted to the Zoning Official 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 9.8 B of this Development Ordinance for procedures regarding
Notice to Property Owners.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-6
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 four (4) 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. (Am. Ord. 946, passed 6-1-2015)
Inspection and Work Certification. Upon approval of the preliminary
plat, the subdivider shall meet with the Zoning Official to receive written
approval to start work on the public improvements within the subdivision
and during construction shall meet the following requirements:
(b)
The subdivider shall submit to the Village Engineer certifications showing
the type, materials, and amounts used in construction to meet the standards
of this Ordinance. These submittals shall include as appropriate:
•
•
•
•
Sewers
Pipe
Manhole Type
Service Type
Castings
•
•
•
Water Main
Hydrants
Valves
Pipe
•
•
Storm Sewers
Inlet Grates
Pipe
•
•
•
•
Streets
Pavement Design
Concrete Mix, Compressive Strength
Soil Proctor
Asphalt Big “D”
The design engineer shall also be required to inspect the work to ensure
that it conforms to the specifications in the preliminary plat, and upon the
work's completion, shall certify that the work has been completed
according to the engineering and design plans as approved by the Village.
The design engineer shall certify to completion of the improvements using
the "Construction Inspection Certifications for Subdivisions in the Village
of Forsyth" in Appendix A, Exhibit G.
The subdivider shall notify the Village at various stages of construction so
inspection by the Village can be made. These notifications shall include:
•
Street Sub Base is Compacted
•
BAM is applied
•
Surface is applied or
•
Concrete is ready to be poured
•
Water Mains are ready to pressure test
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-7
•
•
•
Sanitary Sewers are ready for pressure test
Sanitary Sewers are ready for TV inspection
Backfilling trenches across street bases
Upon proper completion of improvements and certification by the design
engineer, the Village Engineer or Inspector shall submit to the Village
Board, a full report, (including an inspection certification) on
improvements. If the Engineer finds that all improvements are installed to
the standards agreed upon in the preliminary plat, or if a bond in proper
legal form has been submitted, the development is ready for final platting.
The Village Board shall not maintain any dedicated streets until one year
after acceptance, during which time the maintenance of these streets shall
be the subdivider’ s responsibility.
(3)
(c)
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 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
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. (Am. Ord. 946, passed 6-1-2015)
(d)
Plat to be Recorded. After the Final Plat has been approved and required
improvements either installed or sureties insuring their installation
provided, the Village Clerk shall cause the certificate inscribed upon the
plat attesting to such approval to be duly executed and the Village Clerk
shall record the plat with the County Recorder of Deeds. The Recorder of
Deeds cannot record the plat unless it is offered within thirty (30) days
from the date of the last approval.
Replat Procedure. The replat procedures shall apply when an alteration, redesign,
or redivision is proposed for an existing, legally recorded, subdivision or part
thereof. The replat procedures may be processed in one of two manners depending
upon whether or not it is necessary to vacate or alter any streets, easements, lots, or
other public facilities. In the instance where no public facilities, easements, lot
records, or other improvements are involved and where the plan change
corresponds with the provisions of the Village of Forsyth Comprehensive Plan, the
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-8
further subdivision or other alteration of lots in existing subdivisions shall follow
the same procedures as described under a minor subdivision; in all other instances
involving subdivisions. Classified as replats, the original plat must be vacated
according to the following section.
(a)
Vacation of Existing Plat. Any person, firm, or agent thereof, wishing to
have vacated existing lot lines; public streets, highways, or alleys, or any
easement other than easements granted between individual property
owners shall file a written instrument and plat with the Village officials
showing what easements and rights-of-way are to be vacated. Such an
instrument and replat shall be reviewed by the Planning and Zoning
Commission, representatives of other affected governmental agencies, if
any, and the affected utility companies.
The Planning and Zoning Commission, after receiving the comments of
these agencies, shall make their recommendations on the plat to the
Village Board. If the Village Board concurs with the vacation, the Village
Clerk shall submit the Resolution of the Village Board, the written
instrument and plat, to the County Recorder of Deeds who then shall
officially record and cancel the entire plat of record or specific portions
thereof. (See Section 11.32 for additional Vacation procedures)
(b)
(4)
Review of Plat. After a vacation of a previous plat has been approved by
the Village Board and recorded with the Recorder of Deeds, the subdivider
may then submit his petition for the replat of the subdivision involved.
The subdivision shall be classified by the Village Zoning Official as either
major, minor, or a Planned Unit Development and shall then proceed in
accordance with the regulations established for the classification given to
the subdivision.
Planned Unit Developments.
(a)
Any parcel of land three (3) acres or more can be considered for a Planned
Unit Development when both the Planned Unit Development subdivider
and the Planning and Zoning Commission concur in the pre-application
conference that the land can best be developed as a planned unit
development. The Planning and Zoning Commission shall approve the
Planned Unit Development only if it finds that it satisfies the standards in
Article V, Planned Unit Developments, of the Zoning Ordinance.
(b)
Work Certification. The Zoning Official when certifying the work of the
planned unit development, or when issuing building permits for the same
shall only be allowed to issue permits consistent with the detailed plans
shown on the plat. No building permits may be issued on land with the
planned unit development subdivision until the final plan for development
has been approved.
(c)
Final Plat. The final plat shall be processed similarly to that of a major
subdivision as outlined in 11.12 B(2). (Am. Ord. 946, passed 6-1-2015)
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-9
(5)
Lot Splits.
(a)
The Zoning Official 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 Official or his/her designee.
(e)
Lot Splits shall be recorded with the Macon County Recorder.
(f)
All lot splits shall conform to the bulk requirements for lots within the
Village of Forsyth as stated in Section 4.9.
(Ord. 946, passed 6-1-2015)
11.3 PLATS AND MAPS:
A.
Location Maps, Minor, Major, Replat, and Planned Unit Developments – All plats,
plans, maps, surveys, certificates, owner's declarations, engineering specifications, and
restrictive covenants to be filed for action of the Village Board shall be prepared in
accordance with the regulations contained in this ORDINANCE.
The maps used for showing the general location of a subdivision and its relationship to
surrounding areas shall be at a scale of 1" = 1000' (it is suggested that the township maps
obtainable from either the Village or County would make a good standard base map).
Such maps shall be prepared similar to the map shown in Section 1 of Appendix B. The
dimensions of such maps shall be adequate to show the true relationship of the proposed
subdivision and the Village Limits. The following information shall be shown on the
face of the plat.
(1)
The outline of the proposed subdivision with the area of the subdivision
crosshatched.
(2)
The name and address of the subdivider.
(3)
A legal description of the proposed subdivision.
(4)
A north point and graphic scale.
(5)
The date of operation and any revisions.
(6)
The location of surrounding buildings, including residences, schools,
streets and highways, shopping and employment centers, and other major
facilities.
(7)
A written statement of how water and sewage treatment will be handled.
(8)
The existing zoning on the tract to be subdivided and surrounding tracts.
(9)
The ownership of surrounding land area.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-10
B.
Site Analysis Maps (Major Subdivision or Planned Unit Developments):
(1)
Site analysis maps shall consist of at least four (4) maps, a scale of not more than
one inch equals two-hundred feet (1" = 200'). Such maps may be approximate
scaled pencil drawings. However, the Zoning Official may waive the requirement
for any of these site analysis maps if not relevant to a particular development.
(Am. Ord. 946, passed 6-1-2015)
(2)
Availability of Information for Pre-Subdivision Data Maps
(a)
(b)
Map No. 1: Soils
(i)
In many areas, detailed soil mapping has been completed by the
Macon County Soil and Water Conservation District, and is
available to interested landowners.
(ii)
In those areas where mapping has not been completed, the
information may be obtained through the Macon County Soil and
Water Conservation District by means of a Conservation
Agreement.
Map No. 2: Slope – Slope information can readily be obtained from a
U.S.G.S. Topographic Map at five foot level and from information
contained in the above soil surveys. Slope data should be expressed in
terms of the following classification:
Class
A
B
C
D
E
F
G
H
% Slope
0.0 – 0.29
0.3 – 0.99
1.0 – 3.9
4.0 – 9.9
10.0 – 14.9
15.0 – 24.9
25.0 – 49.9
50 plus
(c)
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 5.5 A, Open
Space/Greenbelt, of the Development Ordinance. (Am. Ord. 946, passed
6-1-2015)
(d)
Map No. 4: Flood Level – Floodplain and flood level information can
readily be obtained from the Illinois Department of Natural Resources
Division of Water Resources. Flood information should be shown for
the ten-year flood recurrence and either the 100-year flood recurrence
or the maximum flood of record.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-11
11.4 PRELIMINARY PLATS (MAJOR/ PLANNED UNIT DEVELOPMENTS):
A.
B.
C.
All preliminary plats for major Subdivisions or Planned Unit Developments shall consist
of a location map, layout plan, engineering specifications, and proposed restrictive
covenants. The layout map shall be at a scale 1" = 100' (one inch equals one-hundred
feet) and shall be prepared similar to the map shown on in Section 3 of Appendix B. It
shall contain the following identifying and descriptive information:
(1)
The proposed name of the subdivision or title under which it is to be recorded (not
duplicating a name of any plat heretofore recorded in Macon County).
(2)
The names and addresses of the owner(s).
(3)
The name and seal of the subdivider, Engineer, and registered land surveyor.
(4)
The legal description of the Plat.
(5)
The north point, graphic (engineering) scale of one inch to 100 feet (1" = 100').
(6)
The date of preparation.
(7)
A note stating “Preliminary Plat” Not to be recorded by the Recorder of Deeds.
Existing Conditions:
(1)
The boundary line of the proposed subdivision shall be clearly indicated.
(2)
The total approximate acreage therein.
(3)
The locations, widths, and names of all existing or previously platted streets or
other public ways, showing type of improvements, if any, railroad and utility
rights-of-way, parks, surface waters, greenbelts, and other public open spaces,
permanent buildings, and structures, easements, section and ownership lines within
the tract, and to a distance of 200 feet beyond the proposed subdivision.
(4)
The location and size of existing sewers; water mains, culverts or other
underground facilities within the proposed subdivisions and to a distance of 200
feet beyond.
(5)
Topographic data including existing contours at vertical intervals of not more than
two feet. Topographic data shall refer to the United States Geological North
American Datum-Mean Sea Level Elevation. Water courses, surface waters, 100
year floodplain limits, marshes, trees of at least 6" in caliper, rock out-crops,
greenbelts, and other features significant to the Planning and Zoning Commission
shall also be shown.
(6)
Zoning classification for, and adjacent to, the tract.
(7)
Overflow area boundary for appropriate water levels.
Subdivision Design Features:
(1)
Layout of streets – showing right-of-way widths and street names. Public streets
shall be required in all subdivisions.
(2)
Land widths of alleys, pedestrian ways, utility easements, lots, and setback lines.
(3)
Areas intended to be dedicated or reserved for public use, indicating in each, the
approximate area in acres.
(4)
Layout, numbers, and dimensions of lots to the nearest foot. Letters shall not be
used for identification of lots or blocks.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-12
(5)
Minimum building setback lines; with dimensions indicated.
(6)
Areas other than streets, alleys, pedestrian ways and easements intended to be
dedicated or reserved for public use; for each, the approximate area in acres shall
be indicated.
(7)
Site data including total acres, number of lots, typical lot dimensions and area,
minimum and average lot size, lineal feet in streets, acres in streets, parks and
similar public or semi-public areas.
(8)
Drainage Map showing the building pads and final drainage patterns throughout
the subdivision and adjacent properties where drainage is impacted by the
subdivision construction.
(9)
A plan of the subdivision showing all the building pads with the maximum
foundation elevation for each pad.
D.
Protective Covenants: All protective covenants for a proposed subdivision shall
accompany the preliminary plan, i.e., type of structures, architectural controls, etc.
E.
Construction Plans: As part of the preliminary plat submission packet, the subdivider
shall submit a set of construction plans of the subdivision. These plans shall be prepared
by an Illinois Registered Professional Engineer and shall contain all necessary details and
cost estimates to facilitate review by the Village and as a minimum shall include the
following:
F.
G.
(1)
Cross sections of proposed streets, alleys, crosswalks, etc. and a profile of each
with proposed grades, existing drainage courses, watershed area and structures,
width of roadway, location of sidewalk, type of road-way surfacing, curbs, planting
strips, curb openings, street light, and traffic signals.
(2)
Complete construction plans for utilities including water, sanitary sewers, storm
sewers and other facilities.
(3)
Complete drainage calculations for compliance with the Storm Water Management
Ordinance and for the spacing and sizing of all drainage improvements.
Approval Certificate: The plat shall also contain an appropriate place for signatures of
approving bodies and shall be
worded similar to the example
"The preliminary plat of subdivision herein
provided.
is approved by the Planning and Zoning
Commission. This is NOT an approval of
Land
Disturbance
Permit
the final plat."
Application: A Land Disturbance
Permit application shall be
Forsyth Planning and Zoning Commission
submitted as part of the
Preliminary Plat submittal. The
By:
permit application shall be in
accordance with the Village Storm
Forsyth Village Board
Water Ordinance.
Dated:
By:
Mayor
Plat Signature Block
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-13
11.5 FINAL PLAT – MAJOR, MINOR, REPLAT, AND PLANNED UNIT
DEVELOPMENTS:
The final plat shall be drawn in CAD at a scale a minimum of one hundred (100) feet to one (1)
inch and shall be prepared similar to the map shown in Section 4 of Appendix B. Where
necessary the plat may be on several sheets accompanied by an index sheet showing the entire
subdivision.
A.
Identification (To be shown on face of final plat)
(1)
Proposed name of subdivision: (must not duplicate others in county), township,
tract, and original lot or section number.
(2)
Control points: all dimensions, angles, and bearings are to be referred to control
points, nearest established street line, section lines, or other established point.
(3)
Lines and boundaries: centerlines and right-of-way lines of streets, easements and
other rights-of-way, natural and artificial water courses, streams, shoreline,
corporation lines, and property lines of all lots and parcels with distances, radii,
arcs, chords, and tangents of all curves (nearest one-hundredth of a foot), bearings,
or deflection angles (nearest ten-seconds).
(4)
Street: name and right-of-way width of each street within proposed subdivision and
those adjoining.
(5)
Building setback lines: accurately shown with dimensions.
(6)
Land for public uses: show boundaries and identify the use of all parcels which are
to be eradicated or reserved for public use easements.
(7)
Monuments: location and description of those found, set, or to be set.
(8)
Certification and Seal of the registered surveyor to the effect that the plat represents
a survey made by him or her which balances and closes, and that the monuments
shown thereon exist or shall be set as shown, and that all dimensional and geodetic
details are correct.
(9)
Any special restrictions relating to access control along public ways or to the
provision of planting strips.
(10)
Reference to deed restrictions, if any.
(11)
Certification to the fact that “(no part) (a portion) of the property covered by this
plat or subdivision is situated within 500 feet of a surface drain or water course
serving a tributary area of 640 acres or more.”
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-14
(12)
Signed statement by a Registered Professional Engineer and owner/agent stating:
“We, the undersigned, respectively a Registered Professional Engineer and
the Owner or Owners of the land subdivided hereby, or the duly authorized
attorney of such Owner or Owners, state that to the best of our knowledge
and belief the drainage of surface waters will not be changed by the
construction of such subdivision or any part thereof, or, that if such surface
water drainage is changed, reasonable provision has been made for collection
and diversion of surface waters into public areas or drains which the
subdivider or subdividers have a right to use, and that such surface waters
will be planned for in accordance with generally accepted engineering
practices so as to reduce the likelihood of damage to the adjoining property
because of the construction of the subdivision.”
Dated:
Illinois Professional Engineer No.
Owner/Owners
(13)
The plat shall also contain an appropriate place for signature of approving bodies
and shall be worded similar to the following example:
Forsyth Planning and Zoning Commission
Dated:
___________________________
Approved By: ___________________________
Chairman
Attested By:
___________________________
Secretary
Forsyth Village Board
Dated:
___________________________
Approved By: ___________________________
Mayor
Attested By:
___________________________
Village Clerk
Design Engineer
Dated:
___________________________
Approved By: ___________________________
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-15
B.
Owner Declaration and required certificates (to be typed in text of legal documents
accompanying the plat).
(1)
The owner’s declaration shall include a statement of ownership, description and
name of subdivision, statement of dedications for public use; statements
prohibiting discrimination and statements to owner’s restrictions, and may include,
but not limited to the following:
(a)
land use and building type;
(b)
architectural control;
(c)
dwelling type, quality and size;
(d)
public utilities
(e)
building location;
(f)
nuisances;
(g)
temporary structures;
(h)
signs;
(i)
garbage and refuse disposal;
(j)
sod, dirt, and rocks;
(k)
family density of any multiple dwelling units;
(l)
building site grading shall conform to the approved Drainage Plan
for the Subdivision; and
(m)
requirements for operation of Parks, Open Space, and Greenbelts.
Said declaration shall be drawn up in a manner similar to that shown in
EXHIBIT “A” in Appendix A, and shall be notarized upon submission.
(2)
Surveyor’s Certificate shall consist of a statement by the surveyor as to the
accuracy of the survey and shall be drawn up in a manner similar to that shown in
EXHIBIT “B” in Appendix A.
(3)
Certification that no redeemable taxes are outstanding against the real estate shall
be drawn up in a manner similar to that shown in EXHIBIT “C” in Appendix A.
(4)
Approval of the Chairman of the Planning and Zoning Commission, attested by
the Secretary of same Commission, shall be drawn up in a manner similar to
that shown in EXHIBIT “D” in Appendix A.
(5)
Approval of the Mayor of the Village of Forsyth, attested by the Village Clerk,
shall be drawn up in a manner similar to that shown in EXHIBIT “E” in Appendix
A.
(6)
Approval of the Clerk of the Village shall be drawn up in a manner similar to that
shown in EXHIBIT “F” in Appendix A.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-16
11.6 CERTIFIED SURVEY:
A certified survey for a Minor Subdivision or Replat shall be drawn in accordance with the
example shown in Section 2 of Appendix B.
11.7 PLANNED UNIT DEVELOPMENT:
The preliminary and final plats for Planned Unit Developments shall be prepared similar to the
Major Subdivision plat and shall include the additional information shown in Section 5 of
Appendix B.
11.8 PLAT OF CONSOLIDATION:
All or a portion of adjacent properties may be
combined upon compliance with the following
conditions.
A.
The owner or owners of the zoning lot
shall file for record in the Office of the
Macon County Recorder a deed
containing the legal description of all
parcels to be included in the new zoning
lot (and the remaining reduced lot if
applicable), and containing a statement by
the owner or owners that the property
therein described shall not be conveyed
separately without the written consent of
the Zoning Official. This consent shall be
given by the Zoning Official, if, after
inspection, it appears that no violations of
this Development Ordinance or other
ordinances of the Village would be
created by the separate conveyance of the
lots of record contained in the zoning lot.
Consolidated Lot
B.
Adjacent lots may be combined through this consolidation process to create one large lot
for development purposes.
C.
The separate tracts of land to be conveyed or designated shall not be less than the
dimensions required to secure the minimum lot widths and minimum lot areas as
specified in this Development Ordinance.
D.
As a result of such reduction or consolidation no remaining part of an original
subdivision shall become a separately described tract having less than the minimum
dimensions required to meet lot width and lot area requirements specified in this
Development Ordinance.
Upon approval by the Zoning Official, the Building Inspector, subject only to other
applicable provisions of this Code, is authorized to issue the building permit requested for
any separately described tract designated and set forth upon such proposed plat.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-17
11.9 PHYSICAL DESIGN:
A.
Conformity to Village of Forsyth Comprehensive Plan. The design of all
subdivisions shall conform to the Village of Forsyth Comprehensive Plan.
B.
Conformity to Natural Features. The land areas within the boundaries of any proposed
subdivision shall be planned in a manner to conform to the greatest extent with the
natural features of the site. Street layouts shall be such as to minimize grading
requirements and to affect adequate drainage for the area without disrupting the natural
drainage features of adjacent areas. The Village reserves the right to deny any
subdivision or part thereof, or to require modification of parts thereof, because natural
site characteristics do not afford a reasonable, pleasant, safe, and healthy location for
residents or commercial activities:
C.
(1)
When the lots of a proposed subdivision involve land included within the
boundaries of a plane one-foot vertically above the base 100-year flood or those
lands are shown on a flood hazard boundary map, the land may be subdivided into
lots only where there is sufficient land area above the flood plane to meet the
minimum lot size requirements.
(2)
Land areas which have severe limitations such as high permanent water tables,
wetlands, swamplands, and land subject to overflow, may be classed unsuitable for
building.
(3)
The Macon County Health Department shall determine the suitability of any lot for
construction if individual septic systems are planned.
(4)
When the lots of a proposed subdivision are dependent upon groundwater supplies
from individual wells, the land may be subdivided only where appropriate
investigations have been made to show that the supply is adequate to meet the
needs of the projected population, and that the quality of the groundwater is safe
and suitable for human use.
(5)
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 11.15. (Am. Ord. 946, passed
6-1-2015)
The Village reserves the right to deny platting or require modification of proposed plats
for land areas adjacent to facilities or activities which may affect the public health,
safety, or general welfare of occupants of residential lots within the subdivision or
adjacent thereto. Modification may include increase of lot sizes, increased setback
requirements, relocation of street, and/or the dedication of open space easements or
screening.
The Village reserves the right to require separation of residential lots from adjacent
heavy traffic streets, industries, and rail facilities. This separation may include, but not
be limited to, separation by easement, increased setback for streets or buildings, or
screening, and dedication of land areas for public use such as parks, playgrounds, and
so forth. Residential lots along major and collector streets may require frontage roads.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-18
11.10 STREET SYSTEM DESIGN:
A.
B.
C.
Street Pattern. The street layout in any proposed subdivision shall conform strictly to
the arrangement as indicated on the Village of Forsyth Comprehensive Plan, or as
discussed during the pre-application review. The overall plan, in addition, shall conform
to the following standards:
(1)
In general no more than 20% of the total land area of the subdivision shall be
included in street rights-of-way.
(2)
The street pattern shall be properly related to topography and other natural
features for aesthetic and drainage reasons.
(3)
The overall plan shall result in proper functional classification of streets, with
spacing of collector and major streets in accordance with standards contained in
this section and as depicted on the Village of Forsyth Comprehensive Plan.
(4)
The street system shall afford satisfactory access to a public street of all building
lots within the subdivision, and shall provide street service to all adjoining land.
Street Alignment. Streets shall be laid out to ensure public safety and for the
convenience of both vehicular and pedestrian travel.
(1)
The number of intersections shall be kept to the absolute minimum necessary
for providing reasonable direct traffic flow. No more than two streets shall
converge at anyone intersection. Street tangents at intersections shall be as near
right angles as practicable, but in no case shall be less than 80°. The minimum
distance from the center of any intersecting streets to any lot line shall be 42.5
feet.
(2)
Offsets in street alignment at intersections with other streets shall be avoided where
possible, and where unavoidable the minimum offset distance shall be not less than
1 times the street right-of-way width of the offsetting street.
(3)
Offsets in the alignment of major and collector streets shall be made by employing
a reverse curve of a centerline radius not less than 150 feet.
Street Design Standards. The standards for street design shall conform strictly to the
applicable street classification. Major streets shall be designed in accordance with
projected traffic flows.
The elements of design of major streets shall be separately approved by the Village
Board following review and recommendations by the Village Planning and Zoning
Commission and the Engineer. The design of residential and collector streets shall
conform to the standards set forth in TABLE VI-I in Appendix C and other provisions of
this section.
D.
Local or Residential Streets:
(1)
The function of local streets is to provide direct access to and from individual lots
to the street system. The design speed for the streets shall be slow enough to
minimize hazard to children and entering traffic. A suggested design speed is 30
mph, maximum.
(2)
Local streets should be laid out so as to discourage through-traffic as shown on the
Village of Forsyth Comprehensive Plan. On-street parking should be discouraged.
The Planning and Zoning Commission may require additional pavement width
where on-street parking is to be permitted.
(3)
Local streets should be kept as short as possible.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-19
E.
F.
(4)
Five (5) foot wide sidewalks shall be provided on two sides of local streets.
(5)
See cross-section drawing for a local street in Section 6 of Appendix B.
Collector Streets:
(1)
The function of collector streets is to collect local traffic and provide convenient
access directly to the nearest major street or neighborhood facilities such as
schools, churches, shopping centers, and so forth. The access to collector streets
should be limited to that of local streets. The design speed for collector streets
should be between 30 and 40 mph.
(2)
Connection of private driveways to collector streets should generally not be
permitted.
(3)
The setback distance on collector streets may be increased over that of TABLE
VI-1 in cases where high volumes of traffic are projected. In such cases, the
increase in setback width will be proportioned to the increase in the projected
traffic volume of the collector street.
(4)
Five (5) foot wide sidewalks shall be provided on two sides of urban collector
streets.
(5)
Access controls may be required on highly traveled collector streets.
(6)
See cross-section drawing for a collector street in Section 6 of Appendix B.
Major Streets:
(1)
Major streets shall be designed in accordance with standards established at the
time of platting. In the absence of specific standards, the rights-of-way for major
streets shall be not less than 80 feet and the pavement width shall be not less than
48 feet. Additional width of parkways will be required adjacent to residential
areas and on major entry ways to the Village. The pavement shall be of
reinforced Portland Cement Concrete, or Asphaltic Cement Concrete on Portland
Cement Concrete base or bituminous stabilized aggregate base as approved by
the Village Board. Pavement designs for the major streets shall be consistent
with pavement design for the major street policies of the Illinois Department of
Transportation for like traffic and traffic volume. Sidewalks and curbs shall
be provided on all major streets within the Village limits and for major
streets in areas one and one-half (1½) miles contiguous with the Village
Corporate Limits.
(2)
The access to major streets shall be strictly controlled.
residential drive shall enter directly into a major street.
(3)
Major streets shall be spaced at one mile intervals within the built-up urban area.
(4)
Provisions shall be made for vehicular and pedestrian access to residential
property abutting major streets either by providing (a) marginal access streets; or
(b) by backing lots to the major street. A visual barrier shall be established in a
non-access reservation strip along the rear property line. The preferred method
is an earth berm. The specific method used shall be determined by the Plan
Review Committee in the pre-application review.
(5)
All new major streets shall be constructed with access control rights granted to the
Village. In commercial areas joint frontage roads or shared access points may be
required.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
No single family
Page 11-20
G.
(6)
All new subdivisions along limited access collector and limited access major
streets shall be arranged to provide access to such highways at intervals of not
less than one-fourth (¼) mile, except where impractical or impossible due to
existing property divisions or topography. There shall be no other access to a
limited access major street or a limited access collector street except as noted
above. Roads and streets within such subdivision shall be arranged to permit
access to adjacent future subdivisions without encroachment upon this
regulation.
(7)
Commercial and industrial subdivisions along major streets shall be responsible for
special traffic improvements to adjacent major streets. Such improvements shall
be as required by the Village Board after recommendations by the Village
Engineer.
Other Street Requirements. At times special roadway types, such as scenic drives,
industrial roads, freeways, half-streets, marginal access and frontage roads may be
necessary. The following requirements govern such situations.
(1)
Freeways. Whenever a freeway, railroad track, or expressway passes through or
adjacent to a proposed subdivision, the Zoning Official may require a street
approximately parallel to and on each side of such right-of-way, at a distance
suitable for the appropriate use of the intervening land, as for park purposes in
residential districts, or for commercial or industrial purposes in appropriate
districts. Such distances shall also be determined with due regard for the
requirements of approach grades and future grade separations.
(2)
Marginal Access Roads should have 24-foot widths with sidewalks on the
development side and curb and gutter where deemed necessary.
(3)
Cul-de-sac Streets designed to have one end permanently closed shall not exceed
one thousand (1000) feet in length. All cul-de-sac streets designed to have one end
permanently closed shall terminate in a circular turn-around having a minimum in
side curb radius of 37.5 feet adequate for emergency vehicles.
(4)
Half Streets, in general, should be avoided, but where they are essential a
minimum pavement surface of 20 feet in width shall be constructed with both curb
and sidewalk on the development side.
(5)
Reserve ("Spite" or "Devil") Strips, controlling access to streets shall not be
permitted. Streets roughly paralleling the subdivision boundary shall be located
not less than one lot depth from said boundary. All streets intended to provide the
subdivision with future means of ingress and egress shall extend to the subdivision
boundary.
(6)
Streets in Floodplains. Elevations of all streets passing through flood areas shall be
at least two feet above the 100-year recurrence interval flood elevation and shall be
designed to have minimum adverse effect upon flood flows or velocities.
(7)
Private Roads Prohibited. Private roads and streets shall be permitted only when
the subdivider submits sufficient evidence to the Village of Forsyth that there can
be no public interest in such private road or street.
(8)
Alley and Pedestrian Ways.
(a)
Alleys shall be at least 16 feet wide, where permitted, in residential
areas. Alleys at least 22 feet wide shall be provided in commercial areas
unless such areas are otherwise provided with off-street loading space.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-21
(b)
In cases where the length of local streets between collector streets exceeds
800 feet, pedestrian walkways intermediate between the collector streets
and extending the full width of the block shall be provided. Walkways
shall be spaced at intervals not to exceed 600 feet. The right-of-way for
the walkways shall in general, form the sidelines of adjacent lots and be up
to ten (10) feet in width. A five-foot-wide Portland Cement or Asphaltic
Cement Concrete surfaced walk shall be constructed on the right-of-way.
The walk shall be not less than four inches thick.
(c)
Dead-end alleys will not be allowed.
11.11 EASEMENTS:
A.
Easements across lots or centered on rear or side lot lines shall be provided for utilities
where necessary and shall be at least ten (10) feet wide.
B.
Easements shall be arranged to provide continuity for the utility space from block to
block.
C.
Drainage Easement. Where a subdivision is traversed by a water course, drainage
way channel or stream, adequate drainage way or easement shall be provided as may
be required by the Village Board. The location, width, alignment and improvement of
such drainage way or easement shall be subject to the approval of the Village
Engineer; and parallel streets or parkways maybe required in connection there with.
Where necessary, stormwater drainage shall be maintained by landscaped open
channels of adequate size and grade to hydraulically accommodate maximum
potential volumes off low. These design details are subject to review and approval by
the Village Engineer.
D.
Conservation Easements may be required to protect natural areas of excessive slope or
areas subject to flooding in order to prevent erosion or changes of stream quality or
flood characteristics.
11.12 BLOCKS:
For the purpose of this Ordinance, the following in addition to permitted accessory structures,
shall be considered permitted obstructions in the required yards.
A.
The widths, lengths, and shapes of blocks shall be suited to the planned use of the land;
zoning requirements; need for convenient access, control and safety of street traffic;
and the limitations and opportunities of topography.
B.
Blocks or portions thereof intended for commercial or industrial use shall be designated
as such, and the plans shall show adequate off-street areas to provide for parking,
loading docks, and other such facilities.
11.13 LOTS:
A.
The lot size, width, depth, shape, and orientations shall be appropriate for the location of
the subdivision and for the type of development use contemplated.
B.
Lots abutting a water course, drainage way, channel, or stream shall have a minimum
width or depth as required to provide an adequate building site and to afford the
minimum usable area required in this Ordinance.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-22
C.
All corner lots shall have a minimum width of one-hundred (100) feet and be larger than
a normal lot to allow minimum building setback lines on both streets.
D.
All lots shall have access to a publicly dedicated street.
E.
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 3.16 shall be
met. (Am. Ord. 946, passed 6-1-2015)
F.
Side lot lines shall be substantially at right angles or radial to street lines.
G.
Flag lots are prohibited unless approved as a part of a Planned Unit Development.
11.14 BUILDING SETBACK LINES:
Building setback lines in residential areas of new subdivisions shall conform to the requirements
as set forth in Section 4.9 of this Ordinance. The Planning and Zoning Commission may
recommend and the Village Board may require greater setbacks where deemed necessary. (Am.
Ord. 946, passed 6-1-2015)
11.15 PARKS, SCHOOLS, AND PUBLIC AREAS:
A.
In subdividing any land within the Village or within one-and-one-half (1½) miles of the
Corporate Limits, due regard shall be shown for all natural features such as tree growth,
water courses, wetlands, historic structures, or sites, or similar conditions which, if
preserved, will add attractiveness and value to the proposed development.
B.
As a condition of a final plat of subdivision, or a final plat of a planned unit development,
each subdivider/developer shall be required to dedicate land for park and recreational
purposes, to serve the immediate and future needs of the residents of the development, or
cash contribution in lieu of actual land dedication, or a combination of both, at the option
of the Village, in accordance with the following criteria and formula:
(1)
Criteria for Requiring Park and Recreation Land Dedication.
(a)
Requirements and Population Ratio. The ultimate density of a proposed
development shall bear directly upon the amount of land required for
dedication. The total requirement shall be six and one-quarter (6.25)
acres of land per one thousand (1,000) population of ultimate population in
accordance with the following classifications:
Type of Recreation Area
Play Lot
School-Park (Neighborhood Playground)
Neighborhood Park
Community-Wide Recreation Park
Min. Acres per Size Range, Min.
8,000 sq. ft.
25 acre school/5 acre park
3-5 acres
12-30 acres
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
1,000 People
N/A
1.50
1.50
3.25
6.25 acre
per 1,000 population
Page 11-23
(b)
Location and Ownership.
Comprehensive park ordinance plans,
appropriate standards adopted by affected park districts and adopted
municipal and county plans shall be used as a guideline in locating a site.
Where an elementary school site of not less than five acres exists, it shall
be a guideline to dedicate a part or all of the park land adjoining the school
site. A central location which will serve equally the entire development is
most desirable. In a large development, these sites can be located
throughout the development according to established standards for park
area distances from residential areas. Each park site should have at least
60 feet of frontage on dedicated public roads.
Full fee simple title to the dedicated park land shall be held by the Village.
When necessary, operation, improvement, and maintenance may be
accomplished by a homeowner's association with the execution of the
appropriate legal documents.
(c)
Credit for Private Open Spaces and Recreation Areas. When subdividers
or developers provide their own open space for recreation areas and
facilities, it has the effect of reducing the demand for local public
recreational facilities and services. Depending on the size of the
development, a portion of the park and recreation area in subdivisions or
planned unit developments may, at the option of the Village Board, be
provided in the form of "private" open space in lieu of dedicated "public"
open space. The term "private" shall include as a minimum all of the
residents who may at any one time own, lease, or hold any legal or
equitable interest in any part of the land involved in said development.
The extent of same shall be determined by the Village Board, based upon
the needs of the projected residents and in conformance to the total park
and recreation land for the general area. In general, a substitution of
private open space for dedicated parks will imply a substantially higher
degree of improvement and the installation of recreational facilities,
including equipment by the developers as part of their obligation.
Detailed plans of such areas, including specifications of facilities to be
installed, must be approved by the Village Board, and before any credit is
given for private recreation areas, the subdivider or developer must
guarantee that these private recreation areas will be permanently
maintained for such use by the execution of the appropriate legal
documents. Private "swimming clubs" are included in this provision.
When an adjustment for private recreation areas is warranted, it will be
necessary to compute the total park land dedication that would have been
required from the subdivision or planned unit development and then
subtract the credit to be given.
(2) Criteria for Requiring a Contribution In Lieu Of Park. Where the development is
so small that the resulting park site would be too small to be practical, or when the
available land is inappropriate for park and recreational purposes, the Village
Zoning Official at the pre-application conference, shall inform the subdivider or
developer that pays a cash contribution in lieu of the land dedication will be
required at the time of preliminary approval. The cash contributions in lieu of park
and recreation land dedication shall be held in trust by the Village, solely for the
acquisition of park and recreation lands as herein before classified, which will be
available to serve the immediate or future needs of the residents of that subdivision
or development or for the improvement of other existing local park and
recreational land which already serves such needs. If any portion of a cash
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-24
contribution in lieu of park and recreational land dedication, is not expended for the
purposes set forth herein within seven (7) years from the date of receipt, it shall
be refunded, in the manner set forth in Section 2 (c) below.
(a)
Fair Market Value. The cash contribution in lieu of land shall be based on
the "fair market value" of the unimproved land in the area before
development. Because of the diversity of lands within the county, a single
determination of "fair market value" is not possible. The "fair market
value" for any particular parcel shall be recommended by the Supervisor
of Assessment Officer of Macon County. This valuation recommended by
the Supervisor of Assessment shall be used unless any subdivider,
developer, or public body files a written objection thereto, within fourteen
(14) days of the receipt of notice of the valuation. In the event of any such
objection, the subdivider, developer, or public body shall submit an
appraisal showing the "fair market value" of such improved land in the
area of development or other evidence. A hearing shall be had before the
Village Board of Trustees within sixty (60) days of the date of filing said
objection with notice to be sent to all interested parties in addition to
notices by publication. All notices shall be given not less than fifteen (15)
but not more than thirty (30) days prior to the said date of hearing. Final
determination of said "fair market value" per acre of such improved land
shall be made by the Village Board based on such information submitted
by the subdivider or developer and from other sources as may be
submitted to the Board by affected parties.
(b)
Criteria for Requiring Dedication and a Fee. There will be situations in
subdivisions or planned unit developments when a combination of land
dedication and a contribution in lieu of land are both necessary. These
occasions will arise when:
(c)
(i)
Only a portion of the land to be developed is proposed at the
location for a park site. That portion of the land within the
subdivision falling within the park location shall be dedicated as a
site as aforesaid, and a cash contribution in lieu thereof shall be
required for any additional land that would have to be dedicated.
(ii)
A major part of the local park or recreation site has already been
acquired and only a small portion of land is needed from the
development to complete the site. The remaining portions shall
be required by dedication, and a cash contribution in lieu thereof
shall be required.
Refund. If any portion of a cash contribution in lieu of park or recreation
sites is not expended for the purposes set forth herein within seven (7)
years from the date of receipt, it shall be refunded with all interest accrued
to the lot owner or owners of those lots for which the contribution was
made. The owner or owners are determined at the time the date of refund
is established.
(3) 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)
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-25
In the event a subdivider or developer files a written objection to the Table of
Estimated Ultimate Population listed in 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 unit 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. (Am. Ord. 946, passed 6-1-2015)
(4) Reservation of Additional Land. Where the Village of Forsyth Comprehensive
Plan calls for a larger amount of park and recreational land in a particular proposed
subdivision or planned unit development than the developer is required to
dedicate, the land needed beyond the developer's contribution shall, if so
determined by the Village Board, be reserved for subsequent purchase by the
Village, or other public body designated by the Village, provided that such
acquisition is made within one year from the date of approval of the final plat.
(5) Combining with Adjoining Developments. Where the subdivision or planned
unit development is less than forty (40) acres, public open space or a park site
which is to be dedicated should, where possible, be combined with dedications
from adjoining developments in order to produce usable recreation areas or park
sites without hardship on a particular developer.
(6) Topography and Grading. The slope, topography, and geology of the dedicated
site as well as its surroundings must be suitable for its intended purposes.
Grading on sites dedicated for park and recreational uses shall not differ greatly
from surrounding land.
(7) Improved Sites. All sites shall be dedicated in a condition ready for full service of
electrical, water, sewer, and streets (including enclosed drainage and curb and
gutter) as applicable to the location of the site or acceptable provision made
therefore.
(8) Time of Dedication of Land.
(a)
Previous to, or at the time the Village Board of Trustees authorizes the
signing of the final plat, the developer/landowners must dedicate the
total amount of park land as required in the preceding provisions. The
developer must submit a bond, letter of credit, or other financial
instrument, acceptable to the Village of Forsyth, stating that the
developer shall maintain the property to be donated until all
improvements in the subdivision are built and accepted by the Village
Board as meeting Village Construction Standards.
(b)
Time of Conveyance of Payment. The total cash contribution shall be
determined prior to the time of final plat approval. At this time the
developer shall, as security of payment, provide the Village with a
corporate surety bond or certificate of deposit in the full amount of the
cash contribution from an acceptable bonding company or local banking
institution. The total cash contribution shall be made prior to the time
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-26
when either two-thirds of the lots are sold by the developer or the letter of
credit expires. The letter of credit shall expressly provide that it may be
drawn against by the Village at anytime the developer fails to make the
required payments at the appropriate time. The developer shall make the
cash contribution required directly to the body as determined at the time
of final plat approval. Said collector shall issue a receipt as evidence of
payment.
(c)
Title to Sites. All sites shall be conveyed to the Village either by warranty
or trustee's deed. The subdivider or developer shall be responsible for
conveying good, merchantable title to such sites, and shall be responsible
for payment of all real estate taxes to the date of conveyance.
11.16 DRAINAGE:
All major drainage ways shall be designed as shown on the community storm drainage plan and
shall comply with applicable standards of the Stormwater Management Ordinance. Where no
drainage plan exists, drainage ways shall be designed as follows.
A.
Major Waterways are defined as those with a tributary area in excess of four (4) square
miles. Such major waterways shall be designed for an average flood recurrence interval
of 100 years.
B.
Secondary Waterways are defined as those with a tributary area of between one and
four square miles. Such secondary waterways shall be designed for an average flood
recurrence interval of 25years.
C.
Minor Waterways are defined as those with one square mile or less of tributary area.
Such minor waterways shall be designed for an average flood recurrence interval of ten
years.
D.
Drainage Designs shall be accomplished for the subdivider by a Professional Engineer,
registered in Illinois. The drainage plan and design shall bear the seal of Professional
Engineer. The drainage plan will be subject to review and the approval of the Village
Engineer.
E.
Flows for the design of secondary and minor drainage facilities within urban and
suburban areas shall be calculated in accordance with the Illinois Department of
Transportation Storm Water Design Manual, latest revision.
F.
In the agricultural areas within the review area of the Village, but outside the urban area,
runoff calculations shall be made using the most appropriate method according to the
current state of the art of Hydrology and current Engineering practice, i.e., Cook's or Soil
Conservation Service methods.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-27
11.17 REQUIRED IMPROVEMENTS AND SPECIFICATIONS:
A.
Upon approval of the Preliminary Plat and the Engineer's plans and specifications, the
subdivider shall construct and install the required subdivision improvements prior to
filing with the Zoning Official the Final Plat for final approval.
B.
A pre-construction conference between the Village Officials, developers, and Contractors
will be required before construction begins. The developers and contractors shall be
prepared to discuss construction scheduling, interference with public utilities,
construction traffic impacts, permits, inspection requirements, submittals to the Village,
and testing.
C.
All subdivision improvements within the plat jurisdiction of the Village of Forsyth shall
be designed, furnished and installed by the subdivider at his own expense in accordance
with the provision of this ORDINANCE and other applicable Village, County, and State
regulations. All improvements shall be subject to inspection and approval by the Village
Inspector or a qualified Engineer appointed by the Village.
D.
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
Section 11.29 – 11.33 DEDICATIONS, EASEMENTS, RESERVATIONS,
VACATIONS, BONDS, AND FINANCIAL GUARANTEES. (Am. Ord. 946, passed 61-2015)
E.
The developer is responsible for all required improvements until released by
inspection and approval one year after completion of construction.
A
performance/construction guarantee of ten (10) percent of the cost of the
improvements shall be retained by the Zoning Official during this time.
F.
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.
(Am. Ord. 946, passed 6-1-2015)
G.
Inspection at subdivider’s expense.
•
Street Sub Base is Compacted
•
BAM is applied
•
Surface is applied or
•
Concrete is ready to be poured
•
Water mains are ready to pressure test
•
Water mains are ready for bacterial test
•
Sanitary Sewers are ready for pressure test
•
Sanitary Sewers are ready for TV inspection
•
Backfilling trenches across street bases
H.
All dedications must be accepted by the Village. Final acceptance of the dedication of
streets, utilities, open space, or other public area shall be the responsibility of the Village
Board, and shall only be done by resolution at a regular meeting of the Village Board.
However, such action should only take place after receiving the report of the Village
Engineer and submission to the Village of PDF copies of the as-built utility drawings
by the design engineer.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-28
11.18 GRADING AND MONUMENTATION:
A.
B.
Grading generally:
(1)
Any action causing the removal of trees greater than 6" in caliper, filling of any
area with more than three feet of fill material, cutting the soil or cover material
from any area by more than two feet, paving of parking lots, drives and streets, the
alteration of any natural water course or major drainage way, shall be considered
grading and shall only be allowed when shown and approved in conformance with
a preliminary grading plan.
(2)
All grading should be kept to the minimum necessary to provide the proper
relationships between lots, blocks, streets, utilities, and storm drainage systems.
All such grading shall be shown on the grading plan. Where it is necessary to fill
to a depth of five feet or more, said fill shall be laid in layers of six inches or less
adequately watered and compacted, and then subsequent layers of six inches added
in a similar manner until the desired grade is reached.
(a)
Where areas other than roadways must be cut or filled, topsoil should be
either skimmed off before grading or uniformly replaced, or new topsoil of
a quality acceptable to the Building Inspector or Village Engineer must be
added after the grading at average, uniform depth of not less than four (4)
inches.
(b)
Where areas are not to be graded and are in excess of 15% slope; the
Village Engineer may require riprapping, planting or other methods of
slope stabilization. In some cases the dedication of natural easement
covering such areas may be required.
Block and Lot Grading:
(1)
The finished grade of all subdivided blocks should be such that water-runoff will
flow freely from the block to streets, storm inlets, natural watercourses and
drainage swales, and drain from the subdivision without causing erosion, flood
damage, ponding, or similar problems. Where the natural grade will not permit
such flow additional grading must be provided.
(2)
All individual lots should be of such elevation and grade that stormwater will
freely leave the site without causing erosion or flooding problems. All sites
should therefore be at a reasonable elevation above streets, drainage, and sanitary
waste collection.
C.
Trees and Grading. As many trees as can be reasonably utilized in the final
development plan shall be retained and the grading adjusted where practical to the
existing grades at the trees. When trees are to be preserved, protection methods shall be
implemented, as approved by the Zoning Official.
D.
Street Grading. All streets shall be uniformly graded in accordance with the typical
cross-section shown in the engineering specifications of the preliminary plan. All
trees and brush shall be removed and the roadways shall be graded to the sub-grade
elevations.
E.
Monumentation:
Reference monuments shall be installed within all subdivisions as follows:
(1)
All subdivisions shall have two monuments along one side suitable to reestablish the boundaries of the subdivision. Permanent monuments of concrete
reinforced with one (1) number four (#4) vertical rod not less than four (4) inches
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-29
square or in diameter at the top and tapered to six (6) inches at the bottom and
thirty-six (36) inches long, set flush with the adjacent ground. Each permanent
monument shall have a suitable mark in the center of the top.
(2)
F.
All lot corners shall be marked by one-half (½) inch iron pins not less than thirty
(30) inches in length driven into the ground.
Grading and Monument Inspection. No sidewalk, utility, or street pavement shall
be constructed within any subdivision or addition thereof until the grading and
monumentation of said subdivision has been inspected.
11.19 STREET IMPROVEMENTS:
Each street shall be graded, drained, constructed, and surfaced in conformance with the
standards contained in TABLE VII-I in Appendix C. Modification maybe required, however,
because of soil, topographical, and other natural conditions. All street improvements shall
be appropriate to the type of development anticipated and durable under use and maintenance
contemplated for such streets. All street bases and sub-bases shall be inspected before the
paving surface is applied.
11.20 SIDEWALKS:
Poured concrete sidewalks shall be installed as required in Article 4 & 5 Sections 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. (Am. Ord. 946, passed 6-1-2015)
11.21 CURB AND GUTTER:
Concrete curbing or combined concrete curb and gutter shall be constructed on each side of all
street pavements except where waived by the Village Board. Construction shall be in
accordance with the Village Construction Standards.
11.22 PUBLIC UTILITIES:
Whenever practical, telephone and electric utilities shall be underground. When utility lines for
telephone and electric service must be carried on over head poles, such utilities shall be placed in
rear lot line easements or designated side lot line easements. Where telephone, electric, and
gas service lines are placed underground entirely throughout a subdivision area, conduits, or
cables shall be placed within easements or dedicated public ways in a manner which will not
conflict with other underground services. Further, all transformer boxes shall be located so as
not to be unsightly or hazardous to the public. All underground utility installations which
traverse privately owned property shall be located in recorded easements.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-30
11.23 STORM DRAINAGE:
The subdivider shall design and construct a storm drainage system adequate to hold runoff from a
100 year storm or passing that runoff through the subdivision without causing hazard for life or
property within the subdivision or surrounding land areas. All storm systems shall be designed
and constructed according to approved plats and shall consider the appropriate streets, storm
sewers, roadway ditches, grassed swales, natural watercourse, catch basins and inlets, as may be
required. All such facilities should be complementary in design and construction. In
general, all areas shall be required to install storm sewers.
A.
Natural Watercourse. Whenever practical natural open drainage ways shall be
utilized as part of the subdivision storm drainage system. Whenever a natural stream
or other manmade surface drainage course or agricultural drainage tiles are located
within a subdivision, the subdivider shall dedicate an adequate easement along each
side of the stream or tile for purpose of widening, deepening, sloping, improving, or
protecting the stream or tile for drainage or flood water retention.
B.
Drainage Ditches and Swales. Where roadway ditches or swales are permitted, such
ditches or swales shall be contained within easements at least ten (10) feet wide and the
drainage shall be improved as follows:
C.
(1)
With grades to four percent (4%), ditches may have sod bottoms and banks.
(2)
With grades from four to eight percent (4% to 8%) ditches or swales must have
ditch checks.
(3)
With greater than eight percent (8%) grades, ditches or swales must have riprap or
be paved.
(4)
The filling, alteration, widening, or any other restriction or alteration of a
roadway ditch or swale shall not be permitted without prior written approval of the
Village Board. No shrubbery, fence, or other such structure shall be planted or
constructed in or over any drainage ditch or swale in such a manner which would
impede the flow of water and storm runoff through these ditches and swales.
Storm Drainage Structures:
(1)
Culverts. The size and capacity of all drainage structures shall be computed using
"Rational Method" for runoff or by another approved method. Wherever
practical, pipe culverts shall be used. The minimum length of culverts shall be at
least equal to the distance from edge of shoulder to edge of shoulder, plus six (6)
times the vertical distance from the edge of shoulder to the flow line of the culvert.
No culvert shall have a diameter of less than twelve (12) inches. In no case shall
driveway culverts be less than twenty (20) feet in length.
(2)
Bridges. All bridges and culverts having a span of more than ten (10) feet shall be
approved by the Illinois Department of Transportation, Illinois Department of
Natural Resources, and the US Corps of Engineers.
(3)
Storm Sewers. The sewer system shall be designed by the "Rational Method"
with self-cleaning velocities as follows:
(a)
That part of the system which services as main or terminal collectors shall
be of sufficient capacity to carry the maximum stormwater flows which
may occur in a ten-year period.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-31
(b)
That part of the system which serves as lateral collectors, and which can
readily be augmented by future additions, shall be of sufficient capacity to
carry maximum stormwater flows which may occur in a five-year
period.
(c)
Coefficients of runoff based on the types of development anticipated in
all parts of the watershed affecting the drainage structure shall be
selected. Information regarding future development of the watershed
shall be obtained from the Village of Forsyth.
(d)
The system shall include all necessary appurtenances such as inlets,
catch basins, and manholes as may be required for proper operation and
maintenance. The sizing of such structures and spacing should provide
that encroachment into the street not exceed eight (8) feet from back of
curb and that the head on the top of the grate be no higher than the top of
the curb or six inches in the least.
(e)
Where the main storm sewer serving a subdivision can be expected to
carry a substantial amount of stormwater from adjoining lands higher in
the drainage area, and where the runoff from these lands can be expected
to increase in the future because of more intense development, the
developer may be permitted to substitute open ditches for such sewers.
Such ditch shall comply with grading, seeding, and sodding
specifications of this Ordinance, and such ditch shall be located on a
drainage easement of sufficient width to permit its proper maintenance
and to allow the eventual construction of an underground storm sewer
adequate to serve the entire drainage area above the subdivision.
(f)
All storm sewers shall be at least twelve (12) inches in diameter and shall
be of material and construction approved in accordance with the Village
Construction Standards.
(g)
All materials for the construction of bridges, culverts, storm sewers,
catch basins, manholes, inlets, and other facilities shall be approved in
the Village Construction Standards.
D.
Oversize Storm Sewers. If greater than 24-inch diameter sewers are required to handle
the contemplated flows, the cost of such larger sewers shall be shared between the
Developer and the Village. The Developer shall be responsible for the cost of
furnishing and installing a sewer of an appropriate size for his development, and the
Village will be responsible for the incremental increase in cost to install the larger
sewer.
E.
Underdrain System for Sump Pump Discharge. Whenever natural topography does
not allow the flow of groundwater from individual sump pumps to be directly
discharged into a natural watercourse, the developer shall provide an underdrain
system at curb side to provide an outlet for the discharges. The drain system shall
consist of a six-inch rigid PVC pipe, constructed in a trench immediately behind the
curb. The pipe shall be laid to a minimum depth of three feet, six inches from top of
pipe to top of curb. The trench shall be backfilled with aggregate to the bottom of the
curb. Pipe and aggregate backfill shall be in accordance with the applicable provision
of the "Standard Specifications for Road and Bridge Construction, State of Illinois."
Each lot will be provided with a two-inch riser pipe for future connection of a sump
pump discharge line. Each riser's location shall be duly noted on record drawings
provided by the developer (Ord.272, passed 9-22-83; Am.Ord.273, passed 4-2-84).
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-32
11.24 DAMS AND IMPOUNDMENT STRUCTURES:
Dams for water impoundments, pools, ponds, reservoirs, and small lakes shall be planned;
designed, and constructed under the supervision of a qualified Engineer and shall meet the
approval of the Department of Conservation of the State of Illinois.
A.
B.
Earth Dams. Minimum requirements for earth dams shall be as follows:
(1)
Foundations. A minimum thickness of at least twenty-four (24) inches of an
impervious material is required for dams up to twelve (12) feet. The entire area in
which the dam is to be founded shall be free from all topsoil, roots, vegetation,
stones, rocks, or debris, and shall be plowed and roughed up to provide an
interlocking tight bond with the new fill.
(2)
Cores should have a width of 30% to 50% of the watershed and shall be
constructed of materials which will not lead to core failure and leaks.
(3)
Crest. The crest shall be at least ten (10) feet wide to allow adequate space for
maintenance equipment and shall have sufficient height above the water surface
(freeboard) to prevent waves from going over it.
(4)
Slopes. The upstream slope shall not be steeper than three (3) feet horizontal to
one (1) foot vertical and shall be sufficiently protected from ice and wave action
by an impervious earth blanket, riprap, or concrete. The downstream slope shall
not be steeper than two (2) feet horizontal to one (1) foot vertical and shall be
protected against erosion by a growth of permanent sod.
(5)
Drainage. Sufficient drainage and "reserve filtering" facilities to ensure the
stability of the dam and its foundation shall be provided. Proper precautions
shall be taken to prevent any seepage along drain pipes running through the dam.
(6)
Spillways. Facilities for handling the maximum normal surplus waters shall be
provided, together with a sodded relief spillway constructed eighteen (18) inches
above the normal water level. Proper precautions shall be taken to prevent
seepage along any of the spillway's facilities constructed within the dam.
(7)
Materials. All materials, equipment, and construction methods shall conform to
the requirements of the American Association of State Highway Officials
Specifications for Highway Bridges, and the "Standard Specifications for
Road and Bridge Construction, State of Illinois."
(8)
Tests and Analysis. Results of the following tests and analysis shall accompany
all plans for dams:
(a)
Tests on the foundation material showing compressibility, shear
strength, and permeability.
(b)
A complete stability analysis of the proposed dam using any generally
accepted analysis techniques.
(c)
Permeability tests of the proposed core materials.
Masonry Dams. Minimum requirements for Masonry Dams shall include provisions
to ensure proper foundation bearing and for the prevention of slippage, excessive
seepage, "pipping," and scouring. The structure shall be designed by a Registered
Structural Engineer. The design and construction requirements shall conform to the
American Association of State Highway Officials Specifications for Highway
Bridges and the Standard Specifications.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-33
C.
Existing Dams. An engineering report from a registered structural engineer shall be
submitted to the Zoning Official on all existing dams within a proposed subdivision.
Any dam found to be structurally unsafe shall be reconstructed or reinforced in
accordance with the above standard.
11.25 WATERLINES:
A.
Public Systems. Where a subdivision is located within one-half (½) mile of the Village
boundary, each lot within the subdivision shall be served by a public water system. The
public water system services shall terminate at the service box located as shown in the
Village Construction Standards. The system shall include fire hydrants, the location
of which shall be approved by the Superintendent of the Water Department. The water
supply system shall be constructed under the supervision and control of the
Superintendent of the Water Department, and it shall be subject to his approval.
B.
Private Systems. Subdivisions located one-half mile or more outside the Village limits
and where the lots contain 43,560 square feet or more, may install private water supply
systems for each lot at the time improvements are erected thereon.
C.
Lot Connections. Where a subdivision is located within the Village limits, each lot
within the subdivision shall be provided with a connection to the Village water system,
water service to terminate at the property line of each lot. All components of a water
distribution system installed within the corporate limits shall conform to the minimum
standards of materials and construction as set forth in the Village Construction
Standards. The plans and specifications for water mains and associate facilities shall be
approved by the Village Board of Trustees.
11.26 SANITARY SEWERS:
A.
Where the subdivision is located within one-half (½) mile of the Village limits, each lot
within the subdivided area shall be provided with a connection to a sanitary sewer,
said sewer connection to terminate not more than one (1) foot inside the right-of-way or
one (1) foot inside the sidewalk when the sidewalk adjoins the right-of-way. All
connections to the sanitary sewer system, and the subdivision sewer system, shall
comply with the Ordinances and Construction Standards of the Village pertaining to
sewers and all construction of the system shall be subject to the direction and approval
of the Village Engineer.
B.
If at any time official platting, sanitary sewer facilities are not available to the plat,
but under contract to be built and will become available within a period of two (2)
years from the date of plat recording, the subdivider shall install or cause to be installed,
mains throughout the subdivision service to each street lot line in accordance with this
section and shall cap all laterals as may be specified by the Village Engineer. The size,
type, and installation of all sanitary sewers proposed to be constructed shall be in
accordance with plans and standards specifications approved by the Village Engineer.
C.
The subdivider shall construct sanitary sewers in such a manner as to make adequate
sanitary sewage service available to each lot within the subdivision. If public sewer
facilities are not available, the subdivider shall make provision for adequate private
sewage disposal systems if soil and water conditions are favorable or if adequate
methods are undertaken to overcome limitations of the natural capabilities of the land for
waste disposal systems. Such installation shall meet standards specified by the Village,
Illinois State Department of Public Health, and the County Board of Health.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-34
D.
Sanitary sewers shall be constructed in strict accordance with the Forsyth Construction
Standards. The minimum size of lateral and trunk sewers shall be eight-inch diameter.
The minimum size of service sewers shall be four inches and as required by the Village
Sewer Use Ordinance. Service sewers shall be installed as required to provide sewer
service to every lot in the subdivision in such manner that house sewers may be
subsequently connected to the service sewers without excavation through or tunneling
under street pavements and sidewalks. Lateral sewers shall be installed wherever
possible to a depth that will provide for plumbing installations in basements of future
houses, and service sewers there from shall terminate at a minimum depth of seven (7)
feet below grade.
11.27 STREET LIGHTS:
The subdivider shall install street lights along all streets of a design compatible with the
neighborhood and type of development proposed. Such lights shall be placed at each street
intersection and at such interior spacing as recommended by the Utility Company, and approved
by the Village Engineer.
11.28 STREET SIGNS:
The Village shall install Village standard street signs at the intersections. If the developer wishes
to install additional signs, they must be approved by the Village.
11.29 DEDICATIONS:
A.
B.
Areas Required to be Dedicated
(1)
All new streets created by a subdivision shall be shown and dedicated on the plat
as public streets of the Village.
(2)
Where a subdivision abuts on an existing street and the provisions of the Village
require an additional width of right-of-way, the subdivider shall dedicate the same.
(3)
Pedestrian ways bisecting long blocks, or wherever else located, shall be dedicated
to the Village.
(4)
Greenbelts shall be dedicated to the Village and maintained as open space in
perpetuity.
(5)
Public easements.
Identification of Dedications. Areas to be dedicated shall be clearly identified and
named on the plat and dedicated to the public.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-35
11.30 EASEMENTS:
A.
B.
Areas to be Shown as Easements
(1)
Public utilities, storm water facilities, and installation: shall be located on suitable
easements as specified in this Ordinance.
(2)
Required planting strips or other required buffer zones located between reverse
frontage lots and a thoroughfare, or between incompatible uses shall be shown as
easements.
(3)
Recreation pathways within greenbelts shall be shown within easements.
Identification of Easements. Easements shall be clearly identified on all plats, e.g.,
"Drainage Easement," "Utility Easement," and "Planting Strip Easement," etc.
11.31 RESERVATIONS:
A.
Areas to be Reserved. Whenever the area being subdivided embraces all or part of
any lands set aside on the Village of Forsyth Comprehensive Plan for a street, school,
conservation area, other community facility, or any other public use, all land so
designated shall be shown on the tentative plat as being dedicated or reserved by the
subdivider for a use, and it shall be reserved by the subdivider for a period of one year
from the date of approval of the final plat during which time it shall be made available for
sale to the public agency concerned. If the sale price cannot be agreed upon, the fair cash
market value of the property may be established by an appraiser acceptable to all parties.
The sale price shall be based on the fair cash market value as of the date of the filing of
the first tentative plat.
B.
Reservations on Preliminary Plats
C.
(1)
Areas reserved shall be clearly identified on the Preliminary Plat as reserved in
accordance with this Ordinance.
(2)
The Preliminary Plat shall also contain the proposals of the subdivider to be
applied to public use areas in the event the land is not acquired by the public within
the period of reservation.
(3)
Upon completion of the one-year period of reservation, the Preliminary Plat shall
remain a valid preliminary plat for the formerly reserved areas for a period of one
(1) year, subject to restrictions imposed by this Ordinance.
Reservations on Final Plats
(1)
Where practicable, Final Plats shall not include areas reserved; said Final Plats
should affect only that portion of the subdivider’s land which is unrestricted by the
reservations.
(2)
Where Final Plats must include areas reserved, such areas shall be clearly
identified as reserved in accordance with this Ordinance and shall not contain any
proposals of the developer.
(3)
Final Plats may be submitted for reserved land unacquired by the public at the
close of one year. Such plats will be considered additional units of the
subdivisions for which initial Final Plats were recorded.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-36
D.
Reversion. If the appropriate public agency having jurisdiction has not, within one (1)
year of the approval of the Preliminary Plat, acquired the site reserved for a public use by
the subdivider, he may use it in any way for any purpose permitted by the Village Board.
11.32 VACATIONS:
A.
B.
C.
Procedure. In all cases the vacation of any plat or part thereof or any public right-ofway, easement, or part thereof shall follow the procedure for the review of plats
established in this Ordinance except that:
(1)
Final action shall be taken by the Village.
(2)
The Zoning Official shall recommend to the Village Board a sum, consistent with
Village policy, to be paid by the Owner of abutting properties in consideration of
any public property involved in the vacation.
(3)
The provisions of the Illinois Compiled Statutes then in force shall also be
complied with.
Standards.
(1)
No vacation shall be approved which creates a condition which would not be
permitted under the standards of design set forth in this Ordinance, unless such
vacation would at the same time correct a more serious condition which exists
contrary to the standards of this Ordinance.
(2)
No vacation shall be approved which will result in a conflict with the Village of
Forsyth Comprehensive Plan unless passed by 2/3 vote of the Village Board.
(3)
No vacation shall be approved which will result in a violation of the Village
Zoning Ordinance or other applicable Village Ordinance or regulation, unless such
violation will at the same time correct a more serious condition which exists
contrary to such ordinances or regulations.
Petition Form and Content. The sketch and Preliminary Plat of Vacation shall be
prepared in accordance with the specifications for Plats where pertinent, except that the
Preliminary Plat of Vacation shall be accompanied by a certified statement of the
assessed valuation of all properties surrounding any public right-of-way to be vacated.
Final petitions for vacation shall include the following items:
(1)
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.
(Am. Ord. 946, passed 6-1-2015)
(2)
The following Petitions, Deeds and Certifications, all drafted from models
obtainable from the Zoning Official:
(3)
(a)
Deed of Vacation
(b)
Petition (three copies)
(c)
County Clerk’s Certificate
(d)
Resolution
(e)
Assessor’s Certificate
The petition as it is presented to the Village Board shall be accompanied by a
report from the Plan Review Committee.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-37
D.
Easements. The vacation of any plat or part thereof or right-of-way easement or part
thereof shall not be deemed to be a vacation of the rights of any public utility where said
public utility has installed its facilities therein.
11.33 BONDS AND FINANCIAL GUARANTEES:
To ensure proper compliance with the provisions of this Ordinance, the following bonds and
financial guarantees shall be required: (1) a construction agreement; (2) a performance guarantee;
and (3) proof of adequate liability and title insurance.
All bonds and insurance required under this Section shall be secured from companies authorized
to do business in the State of Illinois and shall be deposited and remain at all times with the Clerk
of the Village.
A.
Construction Agreement. If a Final Plat is requested prior to installation of
improvements, the Subdivider shall execute a construction agreement with the Village
Board in form and substance approved by the Village’s Legal Counsel. This agreement
shall provide that all such improvements shall be constructed and installed at the
subdivider’s expense in compliance with the standards and specifications for each of the
various types of improvements; such improvements shall be available to and for the
benefit of the lands within such subdivisions; that such improvements will be completed
and installed within twenty-four (24) months of the date of approval of the preliminary
plat. The construction agreement shall further provide that in the event the improvements
are not completed within the specified time, the Village may complete the improvements
and recover full costs and expenses thereof from the subdivider and may appropriate
such portion of money or bonds posted for the faithful performance of said works.
B.
Commencement of Improvements. If a Final Plat is requested prior to installation of
improvements, no clearing, grubbing, and grading shall be commenced prior to the
approval of the construction agreement by the Village Board.
C.
Performance/Construction Guarantee.
(1)
Type of Guarantee. The subdivider may execute and file financial guarantees with
the Village Board in lieu of actual installation or completion of the required
improvements when requesting conditional approval of the final plat. Such
guarantees may be in the form of a Cashier's Check, negotiable securities, a surety
bond, or other security approved by the Village Attorney, payable to the Village of
Forsyth.
(2)
Term of Guarantee. Guarantees shall be for a period not less than thirty (30)
months.
(3)
Amount of Guarantee. The financial guarantee shall be in an amount equal to the
Design Engineer's (with verification from the Village Engineer) estimate of:
(a)
The cost of construction of all improvements.
(b)
The engineer’s fee for office checking and field inspection.
(c)
The developer is responsible for all required improvements until released
by inspection and approval one year after completion and construction. A
performance/construction guarantee of ten (10) percent of the cost of the
improvements shall be retained by the Zoning Official during this time.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-38
D.
Liability Insurance. The subdivider shall furnish such insurance as is deemed necessary
by the Village Board which shall indemnify and save harmless the Village from any and
all liability arising by reason of the subdivider’s actions and/or omissions. The insurance
shall be of such duration as determined by the Village Board, but shall in no case be
allowed to expire earlier than the effective period of any construction guarantee. If
necessary, insurance shall be renewed. A copy of the insurance policy shall remain at all
times with the Village Clerk after approval of same by the Village Board.
E.
Title Insurance. Evidence must be shown that title insurance in an amount of not less
than one thousand dollars ($1,000) will be issued insuring the title of the lands to be
dedicated as shown on the final plat.
11.34 FEES:
The Village Board shall establish a schedule of fees, charges, and expenses for plats of
consolidation, preliminary plats, and final plats. An additional charge to the subdivider shall be
made for costs of engineering inspections. Such fee shall be established by the Village Board
based on current rates and standard engineering practice. All such fees shall be payable to the
Village by certified check or money order.
11.35 VIOLATIONS AND PENALTIES:
A.
The provisions on violations and penalties set forth in Section 9.17 of Article IX of this
Development Ordinance shall apply to any violations that occur under this Article XI.
Further, each and every day a violation exists shall constitute a new and separate
violation under this Ordinance.
B.
Any person, whether the Owner or agent of the Owner who transfers any sublot, parcel,
or tract of land before a plot has been approved by the Village and recorded in the office
of the County Recorder, shall be guilty of a petty offense and be fined not less than
seventy-five dollars ($75) nor more than seven-hundred and fifty dollars ($750) for each
sublot, parcel, or tract of land so sold. The description of such sublot, parcel, or tract by
metes and bounds in the deed or transfer shall not serve to exempt the seller from the
forfeiture provided in this section.
C.
Any person who disposes of or offers for sale or lease for a time exceeding five (5) years,
any sublot, in a subdivision before provisions of this Ordinance are complied with, shall
be guilty of an offense and be fined not less than seventy-five dollars ($75) nor more than
seven-hundred and fifty dollars ($750) for each sublot or part of a sublot sold, offered for
sale, or leased.
(Ord. 910, passed 6-2-2014)
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-39
11.36 VARIATION AND RELIEF:
The Village Board may grant special exceptions or variances under these regulations.
A.
Variances. The Village Board may grant variances to these regulations where unusual
or exceptional factors or conditions require such modification, if the Board:
(1)
Finds that unusual topographical or exceptional physical conditions exist;
(2)
Finds that strict compliance with these regulations would create an extraordinary
hardship in the face of the exceptional conditions;
(3)
Permits any modification to depart from this Ordinance only to the extent
necessary to remove the extraordinary hardship;
(4)
Finds that such modifications would improve the Village over what would be
allowed under the terms of this Ordinance;
(5)
Finds that any modification granted will not be detrimental to the public interest;
and
(6)
Requires such other conditions to be met by the proposed plat as the Board may
find necessary to accomplish the purpose of this Ordinance.
11.37 PLANNED UNIT DEVELOPMENTS:
The standards and requirements of this Ordinance may be modified on a broad scale by the
Village Board in the case of a plan or program for a planned unit development. Such
modification shall not be approved until after written recommendation of the Planning and
Zoning Commission, which recommendation may be given when, in the judgment of the
Planning and Zoning Commission, the specific plan or program presented provides adequate
public space and improvements for the circulation, recreation, light, air, and service needs of the
tract when fully developed and populated, and which also provides such covenants or other legal
provisions as will assure conformity to and achievement of the Village of Forsyth
Comprehensive Plan. The Village further reserves the right to require the subdivider to meet
any additional specifications and/or restrictions it may deem necessary to accomplish the
purpose of this Ordinance if modified.
11.38 AMENDMENTS:
Changes to this ARTICLE shall be approved by the Village Board as provided by Statute;
providing, however, that no amendment shall be adopted without first referring the proposed
amendment to the Planning and Zoning Commission and receiving a report thereof. If no report
is received within 90 days, it shall be deemed to be approved by the Planning and Zoning
Commission.
Forsyth Development Ordinance – Article XI – Subdivision – 8/9/2013
Page 11-40
APPENDIX A: EXHIBITS
APPENDIX
“EXHIBIT A” – Owner’s Declaration............................................................................................ A-1
“EXHIBIT B” – Surveyor’s Certificate ......................................................................................... A-5
“EXHIBIT C” – Tax Certificate ........................................................................................................ A-6
“EXHIBIT D” – Approval (Planning and Zoning Commission).......................................... A-7
“EXHIBIT E” – Approval (Board) ................................................................................................. A-8
“EXHIBIT F” – Certificate as to Special Assessments ........................................................... A-9
“EXHIBIT G” – Construction Inspection Certifications for Subdivisions in the Village
of Forsyth .............................................................................................................. A-10
APPENDIX B: PLATS AND MAPS
Site Location Map .............................................................................................................................. B-1
Certified Survey .................................................................................................................................. B-1
Preliminary Plat of Subdivision.................................................................................................... B-1
Final Plat of Subdivision.................................................................................................................. B-1
Planned Unit Development ............................................................................................................ B-1
Street Cross-Sections........................................................................................................................ B-1
APPENDIX C: TABLES
TABLE VI-I: Street Design Standards ......................................................................................... C-1
TABLE VII-I: Street Design Standards........................................................................................ C-2
TABLE 1-A: Table of Estimated Ultimate Population Per Dwelling Unit ..................... C-3
Forsyth Development Ordinance – Appendix – 8/9/2013
“EXHIBIT A”
Text in red italics to be replaced
based on the specific project and
ownership.
OWNER’S DECLARATION
BE IT KNOWN that THEORETICAL, INC., an Illinois corporation, owner of the real estate hereinafter
described and as shown on the attached Plat, the same being situated in the Township of Hickory Point,
Macon County, Illinois, does hereby subdivide the premises hereinafter described:
Lot Twenty-eight (28) of Theoretical Addition, as per Plat recorded in Book 300, page 135 of the
Records in the Recorder's Office of Macon County, Illinois
and does hereby make the attached Plat of said Subdivision for the purpose of the sale of the several lots
therein by number as designed on the said Plat and the undersigned does hereby designate the said
Subdivision as THEORETICAL MANOR and the said Subdivision shall be so known hereafter; and the
undersigned does hereby dedicate to the public to be used as public highways or streets and also for
sewers, water mains, and public utilities, such portion of the above described premises shown on the Plat
as "35th Street" as has not heretofore been dedicated. The undersigned dedicates the certain portions
shown as easements on the Plat for sewers, water mains, and public utilities.
The Owner binds itself, its successors, grantees, and assigns as a covenant running with the land to
compliance with all State and local laws, in effect from time to time, prohibiting discrimination or
segregation by reason of race, religion, color, or national origin in the sale, lease, rental, use, or
occupation of the premises within such platted land or any part thereof, or the improvements thereon.
The Owner restricts the use of each of the lots of said Subdivision as follows:
SECTION I
The following covenants and restrictions in their entirety shall apply to Lots 1 to 15, both inclusive.
1.
LAND USE AND BUILDING TYPE: Each lot shall be restricted to such use as is permitted in
areas zoned "Residential" under this Ordinance of the Village of Forsyth, Illinois; no building
shall be erected, altered, placed, or permitted to remain on any lot other than one detached singlefamily dwelling and a private garage.
2.
ARCHITECTURAL CONTROL: No building shall be erected, placed, or altered on any lot until
the construction plans and specifications and a plot plan showing the location of the structures
have been approved by the Architectural Control Committee as to quality of workmanship and
material, harmony of exterior design with proposed and existing structures, and as to location
with respect to adjoining properties, topography, trees and shrubs, and finish grade elevation. No
fence or wall shall be erected, placed, or altered except on the rear of any lot unless similarly
approved.
3.
DWELLING TYPE, QUALITY, AND SIZE. No residential dwelling of a total living area of
less than 1,600 square feet, exclusive of open porches and attached garages, shall be erected on
any lot. All construction shall be of new materials and of quality workmanship.
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-1
4.
PUBLIC UTILITIES. Easements for the installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded Plat. A perpetual easement is hereby created
over, under, and across the area marked "easement for public utilities and/or drainage" as an
easement appurtenant to each lot in this Subdivision for the installation, use, maintenance, repair
and replacement of public utilities, including sewer, water, gas, electricity, telephone, and
telegraph, with the right to use reasonable working space adjacent to said utility easements, and
ways to access thereto, as needed during construction, repair, or maintenance of said facilities.
Provided always, however, the utility company shall at its expense restore any such adjacent
space area, (as well as the easement area), to its former condition and this applies to grass, trees,
shrubbery, fencing, etc. No trees, shrubbery, structures, or materials shall be permitted to remain
upon and within said easement which may damage or interfere with the installation, operation, or
maintenance of the utilities. All utilities serving this Subdivision shall be installed underground
and not otherwise, whether located within said utility easement or on private easements
elsewhere on the lots in said subdivision, or in the streets and alleys, except switch and meter
boxes, service risers, transformers, regulators, and similar equipment, and certain overhead
electric transmission and distribution lines deemed necessary by the utility to connect the same to
underground lines and wires. Each lot owner shall grant a written easement for such underground
service when, because of the location thereof or other reasons, such easement is requested by the
utility providing such service.
5.
BUILDING LOCATION. No building shall be located on any lot nearer to the front lot line or
nearer to the side street line than the minimum building setback lines shown on the recorded
plat.
6.
NUISANCES. No obnoxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be, or may become, annoyances or nuisances to the
neighborhood.
7.
TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent,
shack, garage, or other building shall be used on any lot at any time as a residence, either
temporarily or permanently.
8.
SIGNS. No sign of any kind shall be displayed to the public view on a lot except one
professional sign of not more than one square foot, one sign of not more than four square feet
advertising the property for sale or rent, or signs used by a builder to advertise the property
during a reasonable construction and sales period.
9.
LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that
they are not kept, bred, or maintained for any commercial purpose.
10.
GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste, nor shall same be kept, except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such material shall
be kept in a clean and sanitary condition.
11.
SOD, DIRT, ROCKS. No sod, dirt, or rocks shall be taken out of the Subdivision as long as there
is good use for this material for filling in any part of the Subdivision. The Architectural Control
Committee shall designate a place, or places, within the Subdivision for dumping of such
material as long as it is so needed.
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-2
SECTION II
The following covenants and restrictions in their entirety shall apply to Lots 16 and 17, each of which lots
may be developed with one multiple-family dwelling:
1.
FAMILY DENSITY AND QUALITY OF CONSTRUCTION: The family density of said
multiple-family dwellings constructed on said lots shall not exceed 12 individual family units per
dwelling. All construction shall be of new materials and of quality workmanship.
2.
INCORPORATED RESTRICTIONS: Restriction numbers 2 and 4 through 11, both inclusive,
and all of SECTION I of this Owner's Declaration are incorporated into SECTION II hereof by
reference and made a part hereof.
SECTION III
ARCHITECTURAL CONTROL COMMITTEE:
1.
2.
3.
The Architectural Control Committee is composed of Roger B. Smith, William B. Davis, and
Virginia H. Jones.
A majority of the Committee may designate a representative to act for it. In the event of the
death or resignation of any member of the Committee, the remaining members shall have full
authority to designate a successor. Neither the members of the Committee, nor its designated
representative shall be entitled to any compensation for services performed pursuant to this
covenant. At any time the then record owners of two-thirds of the lots shall have the power
through a duly recorded written instrument to change the membership of the Committee or
to withdraw from the Committee or restore to it any or all of its powers and duties.
The Committee's approval or disapproval as required in these covenants shall be in writing. In
the event the Committee or its designated representative fails to approve or disapprove
within thirty (30) days after plans and specifications have been submitted to it, or in any event
if no suit to enjoin the construction has been commenced prior to the completion thereof,
approval will not be required and the related covenants shall be deemed to have been fully
complied with.
Dated this ______________ day of ____________ 20_____________________
THEORETICAL INC., an Illinois corporation
By:______________________________
Mayor
ATTEST:_________________________
Secretary
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-3
OWNER'S AFFIDAVIT
STATE OF ILLINOIS
COUNTY OF MACON
)
)ss
).
I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY,
that William B. Davis, President of THEORETICAL, INC., an Illinois corporation, and Roger B. Smith,
Secretary of said THEORETICAL, INC., personally known to me to be the same persons whose names
are subscribed to the foregoing instrument and to me personally known to be, respectively, the
President and Secretary of said THEORETICAL, INC., appeared before me this day in person and
severally acknowledged that they signed, sealed, and delivered said instrument as their free and
voluntary act and as the free and voluntary act of said THEORETICAL, INC., there unto duly
authorized, for the uses and purposes therein set forth.
Given under my hand and notarial seal this, _____________ day of ____________ 20__________
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-4
“EXHIBIT B”
SURVEYOR'S CERTIFICATE
I, L.E. CHAIN, Registered Illinois Land Surveyor #______________ residing in the City of
Decatur, Macon County, Illinois, I hereby certify that at the request of THEORETICAL, INC., owners of
the property hereinafter described, same as being situated in the Village of Forsyth, County of Macon,
State of Illinois, I have made a true and accurate survey of the following described property:
Lot Twenty-eight (28) of THEORETICAL ADDITION as per plat recorded in Book 300 on Page 135 of
the records in the Recorder's Office of Macon County, Illinois.
And according to law, I have subdivided same into lots and streets as shown on the attached plat made by
me, designating thereon also building lines and easement strips for public utilities and drainage, said
subdivision to be herein after known and designated as "THEORETICAL MANOR," a resurvey of Lot
Twenty-eight (28) of THEORETICAL ADDITION in Hickory Point Township. The attached plat
particularly describes, gives, and sets forth the lengths, widths, and number of each lot therein, the names
and widths of the streets and I have placed V2-inch by 36-inch iron pins at all lot corners and two
concrete monuments as shown on the plat as permanent monuments from which future surveys can be
made.
Dated this ______________ day of ____________ 20__________________ at Decatur, Illinois.
L.E. Chain
Reg. Illinois Land Surveyor
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-5
“EXHIBIT C”
TAX CERTIFICATE
STATE OF ILLINOIS
)
) ss
COUNTY OF MACON
)
I, WILLIAM M. TANGNEY, County Clerk in and for the County and State aforesaid, do
hereby certify that I find no redeemable tax, tax sales, or unpaid forfeited taxes against any of the real
estate described in the attached Plat and included therein.
IN WITNESS THEREOF, I have hereunto set my hand and official seal this______________ day of
____________ 20_____________________.
William M. Tangney, County Clerk
(SEAL)
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-6
“EXHIBIT D”
APPROVAL (PLANNING AND ZONING COMMISSION)
STATE OF ILLINOIS
)
) ss Village of Forsyth
COUNTY OF MACON
)
Representing the Planning and Zoning Commission of the Village of Forsyth, Illinois, we do hereby
approve
the
attached
Plat
for
Record,
this______________
day
of
____________
20_____________________.
Chairman, Planning and Zoning Commission
of the Village of Forsyth, Illinois
ATTEST:
Secretary, Planning and Zoning Commission
of the Village of Forsyth
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-7
“EXHIBIT E”
APPROVAL (BOARD)
STATE OF ILLINOIS
)
)
COUNTY OF MACON
)
This is to certify that the attached Plat of THEORETICAL MANOR, with the accompanying
Certificates, was submitted to the Board of the Village of Forsyth and was by the Board duly approved.
Dated this______________ day of __________ 20___________________.
Mayor of the Village of
Forsyth, Illinois
Clerk of the Village of
Forsyth, Illinois
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-8
“EXHIBIT F”
CERTIFICATE AS TO SPECIAL ASSESSMENTS
STATE OF ILLINOIS
)
)
COUNTY OF MACON
)
I, ___________________________, Village Clerk of the Village of Forsyth, do hereby certify that there
are no delinquent or unpaid current or forfeited special assessments or any deferred installments thereof
that have been apportioned against the tract of land included in the plat.
Dated at Forsyth, Macon County, Illinois, this ______ day of
, 20_____.
Clerk of the Village of
Forsyth, Illinois
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-9
“EXHIBIT G”
CONSTRUCTION INSPECTION CERTIFICATIONS
For Subdivisions in the Village of Forsyth
(To be submitted concurrently to the Village Engineer and Zoning Official) (Am. Ord. 946, passed 6-1-2015)
Item
A. Subgrade & Pavements
1.
2.
3.
4.
Check Off
Submittal of proctors and Big “D” for Asphalt
Submittal of compaction tests on subgrade, lime modification and embankment in accordance
with Sections 301, 302, or 205 of IDOT Standard Specifications
Submittal of density on asphalt pavement sections in accordance with Sections 355, 406, or
407 of IDOT Standard Specifications
Submittal of compression strengths for concrete pavement in accordance with Section 420 of
the IDOT Standard Specifications (minimum of 7 day/14 day strengths per 200 cubic yards)
B. Utilities
1.
2.
Water Mains
a. Submittal of disinfection results
b. Submittal of pressure and leak results
Sanitary Sewers
a. Submittal of mandrel test results
b. Submittal of CCTV DVD
C. Detention/Retention Ponds
1.
2.
3.
Submittal of compaction tests on embankment
Certification of material utilized in embankments
Certification of outlet in accordance with construction drawings (orifice plate installed)
D. Finals Prior to Release of Construction Bond
1.
2.
3.
4.
5.
As-built drawings submitted
a. Storm sewers – finished elevations, location
b. Sanitary sewers – finished elevations, locations, ties to services
c. Water mains – location, ties to services, & services boxes
d. Detention Ponds – as built contours of pond & as-built volume of planned high water
elevations if contours differ from planned, finished elevations of inlet & outlet pipes
Certification that all utility structures that require access are to surface & visible
Certification that all pavements, curbs, etc. are in good repair
Certification that all manholes and inlets have been grouted and are clean
Submittal of a list of any noted deficiencies for review by the Village
I,
, Illinois Professional Engineer License No.
, certify
that I have personally supervised or reviewed the construction inspection and that to the best of my
knowledge that,
, subdivision to the Village of Forsyth has been constructed
in accordance with the construction drawings, approved
NOTE: Parts A, B, and C are to be
by the Village Board on ________________ in accordance
submitted as available prior to finals;
with the appropriate specifications that govern the various
the submittal should note that it is a
components, except as noted above or thru prior notification.
partial submittal and what is covered.
________________
Signature
Date
Forsyth Development Ordinance – Appendix – 8/9/2013
Page A-10
APPENDIX B: PLATS AND MAPS
1.
2.
3.
4.
5.
6.
Site Location Map
Certified Survey
Preliminary Plat of Subdivision
Final Plat of Subdivision
Planned Unit Development
Street Cross-Sections
Forsyth Development Ordinance – Appendix – 8/9/2013
Page B-1
APPENDIX C: TABLES
TABLE VI-I
STREET DESIGN STANDARDS
Element of Design
Collector Street(2)
Street Classification
Urban
Rights-of-Way
(feet)
Pavement Width
(feet)(5)
Minimum Building
Setback from
R.O.W. (feet)
Type of Curb
Sidewalk Width
(feet)
Minimum Grade
(%)
Maximum Grade
(%)
Minimum
Centerline Radius
(feet)
Turn-Around
Radius
Right-of-Way
Radius
Local Streets
Country-side
Cul-De-Sac
70’
60’
66’
Urban
60’
Country-side
66’
32’
31’
24’ (1)
31’
24’ (1)
35’
30’
30’
30’
30’
Combined Curb
and Gutter
2S/5’
Mountable
Curb
2S/5’
None
None
None
Mountable
Curb
2S/5’
0.5
0.5
0.5
0.5
0.5
7-9 (4)
7-9 (4)
7-9 (4)
7-9 (4)
7-9 (4)
500’
250’
250’
250’
250’
N/A
N/A
N/A
37.5’ (3)
37.5’ (6)
N/A
N/A
N/A
50’
60’
None
(1) Shoulder-to-shoulder width 30 feet.
(2) The desirable minimum spacing of collector streets along a major traffic route is 1,200 feet.
(3) Inside curb radius.
(4) 7% desirable; 9% acceptable only in special circumstances.
(5) Back-of-curb to back-of-curb
(6) Plus a 3 foot shoulder
Forsyth Development Ordinance – Appendix – 8/9/2013
Page C-1
APPENDIX C: TABLES
TABLE VII-I
STREET DESIGN STANDARDS
Pavement Type
Sub-base
Base
Surface
6-inch
non-reinforced
P.C. Concrete
Local Street (ADT 1,000 Vehicles)
1. Rigid
Top 6-inches compacted to
(95% maximum density)
4 inch CA-6
2. Flexible
Compacted sub-grade
(95% maximum density)
Hot-Mix Asphalt Pavement
(Full depth) 7-inches
Collector Street (ADT 1,000-2,000 Vehicles) (not less than local street)
1. Rigid
Top 6-inches compacted to
(95% maximum density)
Submittal of pavement analysis shall be in
accordance with Chapter 37 IDOTs
Bureau of Local Roads and Streets
Manual and shall be evaluated as a Class
III Rigid
2. Flexible
Compacted sub-grade
(95% maximum density)
Submittal of pavement analysis shall be in
accordance with Chapter 37 IDOTs
Bureau of Local Roads and Streets
Manual and shall be evaluated as a Class
III Flexible
Major Arterial Business & Industrial Street (ADT greater than 2,000 Vehicles)
1. Rigid
Submittal of pavement analysis shall be in accordance with Chapter 37
IDOTs Bureau of Local Roads and Streets Manual and shall be evaluated as
a Class II Rigid
NOTES:
(1)
Countryside is the same as Local-Urban. See Table VI-I.
(2)
Base and Pavements shall conform to applicable parts of “State of Illinois Standard Specifications
for Road and Bridge Construction”
(3)
Maximum density is that determined by ASTM D1557.
Forsyth Development Ordinance – Appendix – 8/9/2013
Page C-2
APPENDIX C: TABLES
TABLE 1-A
TABLE OF ESTIMATED
ULTIMATE POPULATION PER DWELLING UNIT
AGE GROUPINGS (YEARS)
Type of Unit
0-4
5-11
12-13
Total
5-13
14-17
Adult
18-up
Total
No.
Single Family
.435
.800
.220
1.02
.390
2.00
3.24
1.00
1.00
Low Density Apartment (to 15/acres):
Efficiency
1 Bedroom
.070
.052
.028
.080
.013
1.42
1.58
2 Bedroom
.343
.116
.073
.189
.043
1.85
2.42
3 Bedroom
.457
.390
.210
.600
.240
2.00
3.28
4 Bedroom
.500
.670
.250
.920
.330
2.10
3.85
1.00
1.00
High Density Apartment (16+/acre):
Efficiency
1 Bedroom
.050
.026
.014
.040
.007
1.26
1.35
2 Bedroom
.210
.065
.035
.100
.029
1.43
1.79
3 Bedroom
.430
.150
.080
.230
.092
2.00
2.75
Forsyth Development Ordinance – Appendix – 8/9/2013
Page C-3
INDEX
A
Abandoned Sign .................................... 7-1, 7-10
Above Ground Swimming Pool ....................2-26
Abut ................................................................2-2
Access Control and Signage ...........................6-5
Access to Public Streets ..................................3-9
Access .............................................................6-3
Accessory Building ........................ 3-2, 3-3, 4-10
Accessory Structure ................................ 2-2, 3-2
Accessory Use. 2-2, 2-27, 3-2, 3-3, 3-7, 3-8, 3-11
Accessory ........................................................2-3
Acid or Chemical Manufacturing...................4-14
Action by the Village Board .........................5-18
Addition ..........................................................2-2
Administration and Processing .......................9-1
Administration ................................................9-1
ADT (Average Daily Traffic) .........................2-2
Adult Book and Video Store ...........................2-2
Adult Business Uses ............................. 2-2, 4-11
Adult Entertainment Use.................................2-3
Adult Massage Establishment .........................2-3
Adult Theater ..................................................2-2
Advertising Message .......................................7-1
AG: Agricultural District ...................... 4-9, 4-16
Agriculture .............................................. 2-3, 3-2
Air Conditioners..............................................3-4
Airport ...........................................................4-14
Alley and Pedestrian Ways .........................11-21
Alley................................................................2-3
Alteration ........................................................2-3
Amendments .............................. 9-1, 9-12, 11-40
Amount of Guarantee ..................................11-38
Amphitheater .................................................4-11
Amusement Facility............................... 2-3, 4-11
Ancillary .........................................................2-3
Animal Hospital.............................. 2-3, 4-13, 6-7
Animated Sign ................................................7-2
Annexation with an Annexation
Agreement .............................................9-19
B
B: Neighborhood Business District....... 4-8, 4-16
Background Area ............................................7-2
Balconies .........................................................3-4
Ball Field.........................................................6-9
Banks ..................................................... 4-11, 6-6
Banner .............................................................7-2
Annexation without an Annexation
Agreement............................................. 9-18
Annexation.............................................9-2, 9-18
Annexed Territory .......................................... 4-2
Antenna........................................................... 2-3
Apartments .............................................4-10, 6-6
Appeals ....................................................9-1, 9-8
Applicability ................................................. 9-19
Applicant ........................................................ 2-3
Application and Approval............................... 5-8
Application Procedure .................................. 7-22
Application ................................................... 9-19
Approval Certificate ................................... 11-13
Arbors and Trellises........................................ 3-4
Architectural Drawings................................. 5-14
Area of Sign .................................................... 7-2
Areas Required to be Dedicated ................. 11-35
Areas to be Reserved .................................. 11-36
Areas to be Shown as Easements................ 11-36
Art Gallery .............................................4-11, 6-9
Arterial Street ............................................... 2-24
Assisted Living Facility ...........................2-4, 6-6
Assisted Living.............................................. 4-10
Attached Sign ................................................. 7-2
Attached .......................................................... 2-4
Auditorium/Assembly Hall....................4-11, 6-9
Authority............................... 9-8, 9-9, 9-12, 9-15
Auto Wrecking or Junk Yard......................... 4-14
Automobile & Boat Storage (indoor) ............ 4-13
Automobile Display and Sales....................... 4-13
Automobile Rental ........................................ 4-13
Automobile School........................................ 4-13
Automobile Storage Lot ................................ 4-13
Automotive/Service Use Types ...................... 6-8
Awning Sign ................................................. 7-20
Awnings ...................................................3-4, 7-2
Barber Shop .................................................. 4-11
Basement ........................................................ 2-4
Basketball Goal............................................... 3-4
Batch Plants................................................... 4-14
Batting Cage .................................................. 4-11
Bay Windows ................................................. 3-4
Beacon ........................................... 7-2, 7-7, 7-20
Beauty Parlor .................................................4-11
Bed and Breakfast........................... 2-4, 4-11, 6-6
Berm................................................................2-4
Billboard ................................................. 7-3, 7-7
Billiard/Pool Hall................................... 4-11, 6-9
Block and Lot Grading................................11-29
Block Face ......................................................2-4
Block ................................................... 2-4, 11-22
Boat Dealer/Repair ........................................4-13
Bonds and Financial Guarantees .................11-38
Bottling Works ..............................................4-14
Boundaries ......................................................4-1
Bowling Alley ....................................... 4-11, 6-9
Bridges ........................................................11-31
Buffer ..............................................................2-4
Buffering .......................................................3-10
C
C-1: Commercial Service District ......... 4-8, 4-16
C-2: Commercial Service District ......... 4-8, 4-16
Cabinet Making .............................................4-12
Camper/RV Sales and Service .......................4-13
Canopy Sign ..................................................7-20
Canopy .................................................... 3-4, 7-3
Car Wash........................................ 2-6, 4-13, 6-8
Cargo Storage Container Regulations ...........6-12
Cargo Storage Container .................................2-6
Carting, Express, or Storage Yard..................4-14
Catering Services ...........................................4-12
Cell Towers .....................................................2-6
Cemetery ............................................... 4-11, 6-8
Central Loading Facilities .............................6-10
Certified Survey .................................. 2-6, 11-17
Change of Use .................................................2-6
Changeable Copy .................................. 7-3, 7-21
Changes in the Planned Unit Development ..5-21
Child Care Center ...........................................6-7
Chimneys ........................................................3-4
Church ................................................... 4-10, 6-8
Cluster Subdivision .......................................2-25
Code Enforcement Officer ..............................9-2
Code of Ordinances.......................................2-28
Collective Provisions ......................................6-2
Collector Street....................... 2-24, 4-16, 11-20
College .................................................. 4-11, 6-8
Combining with Adjoining
Developments ....................................11-26
Commencement of Improvements ..............11-38
Commercial Planned Unit Development ........5-3
Buildable Area ................................................ 2-5
Building Face or Wall..................................... 7-3
Building Footprint .......................................... 2-5
Building Frontage ........................................... 7-3
Building Height .......................................2-5, 3-4
Building Materials, Storage, Warehousing, and
Retail Sales ............................................ 4-12
Building Permit............................................... 2-5
Building Separation ........................................ 5-8
Building Setback Line .........................2-5, 11-23
Building ...................................................2-1, 2-5
Bulk Regulations .....................................4-2, 4-3
Business and Service Use Types ................... 4-11
Business Frontage ........................................... 7-3
Business Office ......................................4-14, 6-8
Business .......................................................... 2-5
Butcher .......................................................... 4-12
Commercial School ....................................... 4-12
Commission .................................................... 2-6
Communication Towers ................................. 2-6
Communication/Cell Tower .......................... 4-14
Community Center .................................4-11, 6-9
Comprehensive Plan ...................... 1-2, 2-6, 2-18
Computation ..........................................6-4, 6-10
Concept Plan ............................................2-6, 5-8
Conditions....................................................... 2-7
Condominium ........................................2-7, 4-10
Conduct of Hearing ...................................... 5-17
Conformity to Natural Features .................. 11-18
Conformity to Village of Forsyth
Comprehensive Plan ........................... 11-18
Congregate Care Housing ............................... 6-6
Conservation Easement ......................2-10, 11-22
Consistency with the
Comprehensive Plan ............................. 9-19
Construction Agreement ............................. 11-38
Construction Plans ...................................... 11-13
Construction Signs .................................7-3, 7-14
Content of Notice...................................5-16, 9-7
Continuance of Non-Conforming Signs ....... 7-10
Continuation of Public Hearings .................... 9-8
Contractor Yard............................................. 4-14
Contractor ....................................................... 2-7
Contractor's Service Establishment ................ 6-7
Convalescent Center ...............................4-11, 6-8
Convenience Food Store ................................. 6-6
Convenience Store .................................2-7, 4-12
Convent ......................................................... 4-10
Conventional Subdivision .............................2-26
Corner Clearance ............................................3-9
Corner Lot .....................................................2-14
Corner Side Lot Line ....................................2-15
Corner Side Yard ................................ 2-29, 4-16
County .............................................................2-7
Criteria for Requiring a Contribution In Lieu Of
Park .....................................................11-24
D
Damage or Destruction ...................................6-1
Dams and Impoundment Structures ............11-33
Dancing/Music School...................................4-12
Day Care Center.................................... 2-7, 4-12
Day Care, Home ............................................4-12
Decal Sign .......................................................7-3
Decibel ............................................................2-7
Deciduous .......................................................2-7
Decision .............................. 9-9, 9-11, 9-14, 9-17
Deck ........................................................ 2-7, 3-5
Decorations and Displays ...............................7-7
Dedicated Street ............................................2-24
Dedication ........................................... 2-7, 11-35
Deed ................................................................2-7
Definitions............................................... 2-2, 7-1
Delicatessen ....................................................6-7
Demolition ......................................................2-8
Density Formula..........................................11-25
Density ............................................................2-8
Dental Clinic..................................................4-14
Design ................................................... 6-4, 6-11
Detached Garages ...........................................3-3
Detached .........................................................2-8
Detention Basin...............................................2-8
Detention Pond................................................2-8
Developer ........................................................2-8
E
Earth Dams..................................................11-33
Easement ..................... 2-10, 11-22, 11-36, 11-38
Eating Establishments....................................4-13
Eave ...................................................... 2-10, 3-5
Electrical or Similar Retail Sales, Service, or
Repair ....................................................4-12
Electronic Message Signs ..................... 7-3, 7-12
Elementary School ................................ 4-10, 6-8
Elevation .......................................................2-10
Employment or Help Wanted .........................7-8
Enclosed ........................................................2-10
Criteria for Requiring Park and Recreation Land
Dedication .......................................... 11-23
Crosswalk ...................................................... 2-7
Cul-de-sac Streets ....................................... 11-21
Cul-de-sac ...................................................... 2-7
Culverts....................................................... 11-31
Curb and Gutter .......................................... 11-30
Curbing ..................................................6-4, 6-11
Currency Exchange ....................................... 4-12
Development Ordinance ................ 1-1, 2-8, 2-19
Development Schedule ................................. 5-14
Development ................................................... 2-8
Directional Sign .....................................7-3, 7-14
Dish Antennas................................................. 3-4
District Regulations .................................3-2, 4-1
Double Frontage Lot ..................................... 2-14
Double-Faced Sign ......................................... 7-3
Double-Frontage Lots ..................................... 3-4
Drainage Designs ........................................ 11-27
Drainage Ditches and Swales ..................... 11-31
Drainage Easement ............................2-10, 11-22
Drainage System ............................................. 2-8
Drainage...............................................2-8, 11-27
Dressmaking ................................................. 4-13
Drive-In Establishment ................................... 2-8
Drive-Through Facility ..........................2-9, 6-13
Driveway .................................................2-9, 3-3
Driving Range ............................................... 4-11
Drug Store ..................................................... 4-12
Dry Cleaner.................................... 2-9, 4-12, 6-7
Duplex Dwelling............................................. 2-9
Duplex........................................................... 4-10
Dust and Air Pollution .................................. 10-3
Dwelling Unit ............................................... 2-10
Dwelling ......................................................... 2-9
Enclosure ........................................................ 3-8
Encroachment ............................................... 2-10
Enforcement and Penalties ....................9-2, 9-22
Environmental Performance Standards ........ 10-1
Erosion .......................................................... 2-10
Excavation .................................................... 2-10
Exceptions .................................................... 7-23
Existing Conditions .................................... 11-12
Existing Dams............................................. 11-34
Existing Special Uses Exemption ................... 8-3
Explosives Manufacturing/Storage ................ 4-14
F
Facade .............................................................7-3
Fairgrounds....................................................4-12
Family ...........................................................2-10
Farm and Garden Supply ....................... 4-12, 6-7
Farm Implement Display, Sales, or Service ...4-13
Farm Stand ....................................................2-10
Farming ............................................... 2-10, 4-15
Federal ..........................................................2-10
Fees ............................................ 9-2, 9-21, 11-39
Fence ..................................................... 2-11, 3-7
Final Approval ..............................................2-11
Final Plan ......................................................5-19
Final Plat - Major, Minor, Replat, and Planned
Unit Developments .....................................11-14
Final Plat ............... 2-11, 2-20, 11-8, 11-9, 11-14
Financial Institution ..................... 2-11, 4-11, 6-6
Fire and Explosive Hazards ..........................10-3
Fire Station ............................................ 4-11, 6-8
Flag Lot .........................................................2-14
Flagpoles .........................................................3-5
Flags ..............................................................7-10
Flashing Lights................................................7-7
Flashing Sign ..................................................7-4
Floodplain .....................................................2-11
G
Game Rooms ...................................................6-9
Garage/Rummage Sale Signs ................ 7-8, 7-16
Garbage Receptacles .......................................3-5
Gas Station ......................................................6-8
Gasoline/Propane Bulk Storage .....................4-14
General Performance Requirements .............10-1
General Provisions ........................... 3-1, 4-2, 4-3
General Standards for Prevention of
Erosion ..................................................10-2
General Standards .........................................10-1
Generators .......................................................3-5
Glare..............................................................2-11
Golf Course ........................................... 4-11, 6-9
Golf Driving Range.........................................6-9
Governmental Building ......................... 4-10, 6-9
Governmental Facilities and Church Signs ...7-17
Governmental Office ............................. 4-14, 6-8
Grade .............................................................2-11
Floodway ...................................................... 2-11
Floor Area ..............................................6-3, 6-10
Floor Area, Gross ......................................... 2-11
Floor Area, Net ............................................. 2-11
Florist ............................................................ 4-12
Flower Garden............................................... 4-11
Flows .......................................................... 11-27
Food Sales ..................................................... 4-12
Footcandle .................................................... 2-11
Formal Procedures for Reviewing
Preliminary and Final Plats .............. 11-5
Freestanding Monument Signs ..................... 7-13
Freestanding Sign ..................................7-4, 7-18
Freestanding Walls ......................................... 3-5
Freeways ..................................................... 11-21
Frequency ..................................................... 2-11
Front Lot Line............................................... 2-15
Front Yard..............................................2-29, 3-4
Frontage ........................................................ 2-11
Frozen Food Locker ...................................... 4-12
Full Service Automobile Service Station ....... 2-4
Funeral Home ................................................. 6-7
Funeral Parlor ................................................ 4-12
Furniture Store ................................................ 6-7
Grading and Monument Inspection .......... 11-30
Grading and Monumentation ...................... 11-29
Grading Plan ................................................. 5-13
Grading ..............................................2-12, 11-29
Grain Elevator ............................................... 4-14
Grand Opening ............................................... 7-4
Greenbelt .............................................2-12, 4-11
Greenhouse ................................................... 4-12
Grocery Store .........................................4-12, 6-7
Gross Density ................................................. 2-8
Gross Floor Area .......................................... 2-11
Gross Land Area ........................................ 2-12
Group Housing ............................ 2-12, 4-10, 6-6
Guarantees .................................................... 5-21
Gun Shop ...................................................... 4-12
Gutters ............................................................ 3-5
Gymnasium/Health Club ........................4-11, 6-9
H
Hair Salon.............................................. 4-11, 6-7
Half Story ......................................................2-24
Half Street ......................................... 2-24, 11-21
Hardware Store ..............................................4-12
Hearing................................ 9-9, 9-10, 9-13, 9-16
Height of a Sign ..............................................7-4
Height of Principal Building ..........................4-16
High School ........................................... 4-11, 6-8
I
I-1: Light Industrial District .................. 4-9, 4-16
I-2: Heavy Industrial District ................ 4-9, 4-16
Identification of Dedications.......................11-35
Identification of Easements.........................11-36
Identification ...............................................11-14
Illuminated Sign, External ..............................7-4
Illuminated Sign, Internal ...............................7-4
Illumination .....................................................7-8
Improved Sites ............................................11-26
Improvements ...............................................2-12
Incidental Field Changes...............................5-22
Independent Living Facility ............................6-6
Indoor Racquet Court ............................ 4-11, 6-9
Industrial Park ...............................................2-12
Industrial Planned Unit Development .............5-3
Industrial Use Types ......................................4-14
Inflatable Signs ...............................................7-7
J
Joint Parking Facilities ....................................6-2
Junior High School ........................................4-10
Home Day Care .............................................. 2-7
Home Improvement Store............................... 6-7
Home Occupation Signs ............................... 7-16
Home Occupation ................. 2-12, 3-5, 3-6, 4-10
Hospital........................................ 2-12, 4-11, 6-8
Hot Tub ....................................................3-8, 3-9
Hotel ......................................................2-12, 6-7
In-Ground Swimming Pool....................2-26, 3-3
Initiation................................ 9-8, 9-9, 9-12, 9-15
Inn ................................................................. 2-12
Inspection and Work Certification................ 11-7
Inspection...................................................... 7-10
Institutional Office ........................................ 4-14
Institutional Use............................................ 2-27
Intensity Level (NITS) .................................. 7-13
Interior Decorating ........................................ 4-12
Interior Landscaped Area ............................. 2-13
Interior Lot.................................................... 2-14
Interior Side Yard .......................................... 4-16
Interior Signs .................................................. 7-7
Interpretation of Regulations .......................... 3-1
Interpretation .................................................. 1-2
Intersecting Street ......................................... 2-24
Issuance or Denial of Sign Permit ................ 7-23
Junk Yard...................................................... 2-13
Jurisdiction...................................................... 9-3
K
Kennel ................................................... 2-13, 6-7
L
Land Disturbance Permit Application.........11-13
Land Disturbance Permit ...........................2-13
Landing Field ................................................4-14
Landscape Plan .............................................5-13
Landscaped Area...........................................2-13
Landscaping ....................................................4-4
Laundromat ........................................... 4-12, 6-7
Laundry Drying Equipment ............................3-5
Lawful Use ....................................................2-27
Legal Counsel .................................................9-4
Liability Insurance ......................................11-39
Library ...................................................4-11, 6-8
Light Industrial Use Types ............................. 6-9
Light Industrial ............................................... 6-9
Light Industry ............................................... 2-13
Lighting ...................................................4-5, 6-4
Lime, Phosphate or Limestone Storage or
Handling ................................................ 4-14
Limitations .................................................... 7-23
Loading Area ................................................ 2-13
Local or Residential Streets ........................ 11-19
Local Street ................................................. 2-24
Location Map ................................................5-12
Location Maps, Minor, Major, Replat, and
Planned Unit Developments ................11-10
Location of Parking Facilities .........................6-2
Locksmith ......................................................4-12
Lodge .................................................... 4-11, 6-7
Lot Area ........................................................2-14
Lot Connections ..........................................11-34
Lot Coverage.................................................2-14
Lot Depth ......................................................2-14
M
Maintenance ..................................................7-10
Major Changes ..............................................5-21
Major Street ..................................... 2-24, 11-20
Major Subdivision ............................. 2-26, 11-6
Major Waterways ........................................11-27
Map Amendments ............................... 9-12, 9-13
Marginal Access Roads...............................11-21
Marginal Access Street ..............................2-25
Masonry Dams ............................................11-33
Massage Therapist ........................................2-16
Massage Therapy ................................ 2-16, 4-12
Material ...........................................................6-4
Mausoleum ....................................................4-11
Maximum Permitted Sound Level Pressure ...10-2
Mayor ............................................................2-16
Meat Market ..................................................4-12
Mechanical Equipment ...................................4-6
Medical Cannabis Cultivation
Center ........................ 2-16, 3-12, 3-13, 3-14
Medical Cannabis Dispensing
Organization .............. 2-16, 3-12, 3-13, 4-15
Medical Cannabis Facilities .........................2-16
Medical Clinic ................................ 2-6, 4-14, 6-8
Medical Cultivation Center ............................4-15
Medical Office ................................................6-8
Menu Board Sign .................................. 7-4, 7-21
Microbrewery...................................... 2-16, 4-12
N
Natural Watercourse ..................................11-31
Net Density .....................................................2-8
Net Development Area ...................................5-7
Net Floor Area ..............................................2-11
Net Land Area ...............................................2-17
No Trespassing and No Dumping Signs .........7-7
Noise .............................................................10-2
Non-Conforming Accessory Uses ..................8-2
Non-Conforming Building ............................2-17
Lot Frontage ................................................. 2-15
Lot Line ........................................................ 2-15
Lot of Record ................................................ 2-15
Lot Size .......................................... 4-3, 4-9, 4-16
Lot Split .............................................2-15, 11-10
Lot Width.............................................2-16, 4-15
Lot......................................................2-13, 11-22
Low Rise Apartments ..................................... 2-3
Lumber Yard ..........................................4-14, 6-7
Milk Distribution Station ............................... 4-14
Miniature Golf Course............................4-11, 6-9
Minimum Areas .............................................. 4-1
Minimum Lot Size .......................................... 5-6
Minimum Requirements ................................. 3-1
Minor Changes ............................................. 5-21
Minor Street .................................................. 2-25
Minor Subdivision ...............................2-26, 11-5
Minor Waterways ....................................... 11-27
Mixed Use Building ..................... 2-17, 4-15, 6-9
Mixed Use Development .............................. 2-17
Mobile Home Dealers ..................................... 6-7
Mobile Home .......................................2-17, 4-10
Modular Home .............................................. 2-17
Monastery ..................................................... 4-10
Monument Sign .............................................. 7-4
Monumentation........................................... 11-29
Monuments and Markers ................................ 7-7
Mortuary ....................................................... 4-12
Motel......................................................2-12, 6-7
Motor Vehicle Repair and/or Service ............. 6-8
Motor Vehicle Sales and/or Service ............... 6-8
Motor Vehicle ............................................... 2-17
Motorcycle Sales and Service........................ 4-13
Multiplex Dwelling......................................... 2-9
Multiplex ................................................4-10, 6-6
Museum .......................................................... 6-9
Non-Conforming Buildings or Structures ...... 8-1
Non-Conforming Lot .................................... 2-17
Non-Conforming Lots of Record.................... 8-1
Non-Conforming Sign (Legal) ....................... 7-4
Non-Conforming Signs................................. 7-10
Non-Conforming Use ............................2-18, 8-2
Non-Conformities ........................................... 8-1
Non-Residential Directory
Identification Signs ............................... 7-13
Notice of Appeal .............................................9-8
Notice Requirements .......................................9-7
Notice to Property Owners..............................9-7
Notice to the Public.......................................5-16
Notification to Remove .................................7-11
O
Obscene Signs .................................................7-7
Obscene ...........................................................7-5
Obsolete Sign ................................................7-10
Obstructions ....................................................3-4
Occupancy Certificate .................... 2-18, 9-1, 9-6
Octave Band Center Frequency .....................10-2
Octave Band ..................................................2-18
Odor Threshold .............................................2-18
Odor ..............................................................10-3
Office Supply Store .......................................4-12
Office Use Types ................................... 4-14, 6-7
Officers and Procedure ...................................9-3
Official Plan ..................................................2-18
Off-Site .........................................................2-18
Off-Street Loading Facilities ........................6-10
Off-Street Loading Requirements .................6-11
Off-Street Loading ........................................6-10
Off-Street Parking and Loading Facility.......2-18
Off-Street Parking and Loading .............. 4-4, 6-1
Off-Street Parking Chart .................................6-6
Off-Street Parking or Loading Space ............2-18
Off-Street Parking Spaces ...............................3-5
P
Parapet ............................................................7-5
Parcel ............................................................2-19
Parking Area .................................................2-19
Parking Lot....................................................2-19
Parking Space................................................2-19
Parking Standards ...........................................6-6
Parks, Schools, and Public Areas ................11-23
Parkway ........................................................2-19
Patio House Dwelling .....................................2-9
Patio ...................................................... 2-19, 3-5
Pawn Shop .......................................... 2-20, 4-12
Payday or Title Loan Agency ............. 2-20, 4-12
Pedestrian Access............................................4-3
Pedestrian Way ................................... 2-20, 2-21
Pennant.................................................... 7-5, 7-7
Performance Standard ...................................2-20
Performance/Construction Guarantee ........11-38
Perimeter Landscaped Area ..........................2-13
Perimeter .......................................................2-20
Nuisance ....................................................... 2-18
Number of Buildings on a Lot ........................ 3-5
Nursery Retail Sales ...............................4-12, 6-7
Nursery School .............................................. 4-12
Nursing Home............................................2-18
Oil Change Shop ....................................4-13, 6-8
Oil Well......................................................... 4-14
On-Site .......................................................... 2-18
On-Street Parking ......................................... 2-18
Opacity.......................................................... 2-18
Open Sales Lot.............................................. 2-19
Open Space ..........................................2-19, 4-11
Open Space/Greenbelt .................................... 5-6
OR: Office-Research District ................4-8, 4-16
Ordinance Provisions ...................................... 1-2
Ordinance....................................... 2-1, 2-2, 2-19
OT: Original Town District ....................4-2, 4-16
Other Street Requirements........................... 11-21
Other Use Types.....................................4-15, 6-9
Outdoor Display .......................... 2-19, 4-7, 4-12
Outdoor Racquet Court ................................... 6-9
Outdoor Storage .....................................2-19, 4-6
Overhang ...................................................... 2-19
Oversize Storm Sewers ............................... 11-32
Owner Declaration and
Required Certificates .......................... 11-16
Owner ........................................................... 2-19
Permit Application and Fees......................... 7-22
Permit Fees ................................................... 7-23
Permitted Accessory Use .......... 4-2, 4-3, 4-8, 4-9
Permitted and Special Use Chart .................... 4-9
Permitted Home Occupations ......................... 3-6
Permitted Obstructions ................................... 3-4
Permitted Use .......... 2-28, 3-1, 4-2, 4-3, 4-7, 4-8
Permitted Uses and Criteria ............................ 5-2
Pet Store/Grooming ....................................... 4-12
Pet Wash ....................................................... 4-12
Pharmacy ...................................................... 4-12
Photography Studio ....................................... 4-12
Photometric Plan........................................... 5-13
Physical Design .......................................... 11-18
Plan Review Committee ..... 2-20, 5-9, 5-10, 9-20
Plan Submission ........................................... 9-19
Planned Unit Development Ordinances.......... 5-8
Planned Unit Development Sign ...........7-9, 7-13
Planned Unit Development ......... 2-20, 4-15, 5-1,
9-1, 11-9, 11-17, 11-40
Planning and Zoning
Commission .................... 2-6, 2-20, 9-1, 9-3
Planning and Zoning Commission's
Recommendation ..................................5-17
Planning Staff..................................................9-4
Plat of Consolidation...................................11-17
Plat to be Recorded .......................................11-8
Plat ................................................................2-20
Plats and Maps ............................................11-10
Pocket Park ...................................................2-20
Pole Sign .........................................................7-5
Police Station......................................... 4-11, 6-8
Political Signs .................................................7-7
Porch .............................................................2-21
Portable Sign ......................................... 7-5, 7-20
Portico ...........................................................2-21
Post Office ......................................................6-8
Posting ............................................................9-7
Pre-Application Conference and
Investigation ..........................................11-3
Pre-Application Meeting...............................9-21
Pre-Application Procedure .................... 5-8, 11-4
Preliminary Plan............................................5-11
Preliminary Plat ....................... 2-20, 11-6, 11-12
Premises ........................................................2-21
Principal Building ................................... 2-5, 3-2
Principal Street ..............................................2-24
Principal Use .................................................2-28
Printing and Publishing ...................................6-7
Printing Shop .................................................4-12
Q
Quadplex Dwelling ............................... 2-9, 4-10
R
R-1: Single Family Residence District ... 4-2, 4-16
R-2: Multiple-Family Residence
District .................................... 4-2, 4-3, 4-16
R-3: Multiple-Family Residence
District .................................... 4-2, 4-3, 4-16
Race Track.....................................................4-12
Radio/TV Tower or Station ...........................4-14
Railroad .........................................................4-14
Ramps .............................................................3-5
R-E: Single Family Estate Residence
District ........................................... 4-2, 4-16
Real Estate Sign ........................... 7-7, 7-16, 7-21
Rear Lot Line ................................................2-15
Private Club ................................... 2-6, 4-11, 6-7
Private Greenhouse ....................................... 4-11
Private Improvement .................................... 2-12
Private Lodge .................................................. 2-6
Private Roads Prohibited ............................ 11-21
Private Street................................................. 2-25
Private Swimming Pools ................................ 3-5
Private Systems........................................... 11-34
Procedure for Review of Site Plans .............. 9-20
Procedures for Annexation of Land.............. 9-18
Processing .................................. 9-10, 9-12, 9-15
Produce Stand ................................................. 6-7
Professional Office .................................4-14, 6-8
Prohibited Home Occupations ........................ 3-7
Prohibited Signs .............................................. 7-7
Prohibited Use .............................................. 2-28
Projecting Sign ............................................... 7-5
Property Line Clearance ................................. 3-9
Property Lines............................................... 2-21
Protective Covenants ............... 2-21, 5-14, 11-13
Psychic/ Fortune Telling Establishment ....... 2-21
Psychics and/or Fortune Tellers..................... 4-12
Public Hearing .............................................. 5-16
Public Improvement ..................................... 2-12
Public Parks................................................... 4-11
Public Street.................................................. 2-25
Public Systems ............................................ 11-34
Public Utilities ............................................ 11-30
Public Utility Structure .................................. 4-14
Publication of Notice ...................................... 9-7
Purpose and Intent .......................................... 1-1
Purpose ...................................... 9-12, 9-14, 9-19
Quorum ......................................................... 2-21
Rear Yard.............................................2-29, 4-16
Recorder of Deeds .......................................... 9-4
Recording...................................................... 5-22
Recreational Area ......................................... 2-21
Recreational Vehicle..................................... 2-21
Recreational/Civic Use Types ................4-11, 6-8
Refuse Storage, Sorting, or Transfer.............. 4-14
Registration of Non-Conforming Uses,
Buildings, and Structures ........................ 8-3
Regulation..................................................... 2-21
Regulations and Requirements ....................... 6-2
Rehab Facility ............................................... 2-21
Religious Retreat ....................................4-10, 6-8
Religious/Institutional Use Types .......... 4-10, 6-8
Repair (Engine, Body, Gas Station) ...............4-13
Repair and Service ..........................................6-5
Repair Shop ...................................................4-12
Replat Procedure ...........................................11-8
Required Improvements and
Specifications ......................................11-28
Required Screening .......................................3-10
Required Submittals ......................................5-12
Required Yard ...............................................2-29
Re-Sale Shops ...............................................2-23
Research and Development Facility....... 4-14, 6-9
Reservation of Additional Land ..................11-26
Reservations on Final Plats .........................11-36
Reservations on Preliminary Plats ..............11-36
Reservations ................................................11-36
Reserve ("Spite" or "Devil") Strips .............11-21
Residential and Commercial Performance
Standards ...............................................10-1
Residential Development Sign .............. 7-5, 7-13
Residential Districts ........................................4-2
Residential Planned Unit Development ..........5-2
Residential Projects.........................................4-2
S
Sanitary Sewer .................................. 2-22, 11-34
Schedule of Off-Street Loading
Requirements ........................................6-11
Schedule of Off-Street Parking
Requirements ..........................................6-6
School ...........................................................2-22
School/Park ...................................................5-15
Scope of Regulations .............................. 3-1, 6-1
Screen Plantings ............................................3-10
Screening and Landscaping ............................6-5
Screening ............................ 2-22, 3-10, 4-4, 6-11
Seamstress .....................................................4-13
Second Hand Stores ......................................2-23
Secondary Waterways .................................11-27
Self-Service Automobile Service Station .......2-4
Self-Storage Facility .................... 2-23, 4-14, 6-9
Seminary .......................................................4-10
Senior Citizen Housing ..................................4-10
Septic System ................................................2-23
Service Shop ..................................................4-13
Service Station (full- and self-serve) ..............4-14
Service Station ................................................6-8
Setback and Bulk Chart ................................4-16
Setback Line..................................................2-23
Setback Regulations ................................ 4-2, 4-3
Residential Standards ..................................... 5-6
Residential Use Types ...........................4-10, 6-6
Restaurant .................................... 2-21, 4-13, 6-7
Restrictions ..................................................... 2-7
Retail and Service Use Types ......................... 6-6
Retail Services .............................................. 2-21
Retail Store.............................................4-13, 6-7
Retail Trade .................................................. 2-22
Retention Basin............................................. 2-22
Retention Pond ............................................. 2-22
Reversion .................................................... 11-37
Review of Plat .............................................. 11-9
Rezone .......................................................... 2-22
Riding Academies........................................... 6-9
Riding Stable ..........................................4-11, 6-9
Right-of-Way ................................................ 2-22
Roadside Stands ............................................ 4-15
Roadway ....................................................... 2-22
Roof Sign ........................................................ 7-5
Roof Sign, Integral ......................................... 7-5
Room Addition ............................................. 2-22
Rules and Definitions ..................................... 2-1
Rules ............................................................... 2-1
Setback............................................................ 7-6
Sewers .......................................................... 11-7
Shared Parking................................................ 6-3
Sheds......................................................3-5, 4-10
Sheltered Care Housing ................................. 4-10
Shoe Repair ................................................... 4-13
Side Lot Line ................................................ 2-15
Side Yard ...................................................... 2-30
Sidewalk ............................................2-23, 11-30
Sign Face ........................................................ 7-6
Sign Height ..................................................... 7-4
Sign Placement ............................................... 7-9
Sign Regulations ......................................4-2, 4-3
Sign Type........................................................ 7-6
Sign ......................................... 2-23, 3-5, 7-1, 7-6
Signs Accessory to Automobile Service Stations
and Automobile Service Station/Mini-Mart
Only ...................................................... 7-19
Signs Not Requiring Permits .......................... 7-7
Signs Not to Constitute Traffic Hazards ....... 7-15
Single-Family Attached Dwelling .................. 2-9
Single-Family Detached Dwelling ........2-9, 4-10
Single-Family Residential .............................. 6-6
Site Analysis Maps .................................. 11-11
Site Plan Filing and Decision ....................... 9-21
Site Plan Review ................................... 9-2, 9-19
Site Plan .............................................. 2-23, 5-12
Size 6-4
Skating Rink .......................................... 4-11, 6-9
Slaughter or Processing of Poultry or Poultry
Products .................................................4-14
Small Domestic Animal ..................................2-3
Small Wind Energy System
(SWES) .............................. 2-23, 3-10, 4-15
Snowmobile Sales and Service ......................4-14
Solar Energy Device ........................... 2-23, 4-15
Solar Energy Systems ...................................3-11
Special Use Permit ........................................3-10
Special Use........................................... 2-28, 3-2,
4-2, 4-3, 4-8, 4-9, 5-2, 9-1, 9-14
Spot Zoning...................................................2-23
Standards .................................... 9-10, 9-13, 9-16
State ..............................................................2-23
Statement of Findings of Fact .......................5-17
Storage Buildings ............................................3-5
Storm Drainage Structures ..........................11-31
Storm Drainage ...........................................11-31
Storm Sewer ............................ 2-23, 11-7, 11-31
Story ..............................................................2-24
Street Alignment .........................................11-19
Street Design Standards ..............................11-19
T
Tailor .............................................................4-13
Tattoo and/or Body Piercing
Establishments ......................................2-26
Tattoo Parlor and/or Body Piercing ...............4-13
Technology and Research Centers .................4-14
Temple ..........................................................4-10
Temporary Buildings ......................................3-3
Temporary Non-Commercial Informational
Signs ......................................................7-15
Temporary Outdoor Sales Event ........... 2-26, 4-8
Temporary Sign .................................... 7-6, 7-22
Temporary Structure ............................. 2-26, 3-3
Temporary Use..............................................2-26
Temporary Uses of Land ................................3-3
Tenant Identification Sign..................... 7-6, 7-21
Tenant Identification .....................................7-14
Tennis Court .......................................... 3-5, 4-11
Term of Guarantee ......................................11-38
Termination of Non-Conforming Signs ........7-11
Terms of Office ...............................................9-3
Terrace .................................................. 2-19, 3-5
Tethered Balloons ...........................................7-7
Street Grading ............................................. 11-29
Street Improvements ................................... 11-30
Street Lights................................................ 11-35
Street Pattern............................................... 11-19
Street Right-of-Way Width........................... 2-22
Street Signs ................................................. 11-35
Street System Design .................................. 11-19
Street ....................................................2-24, 11-7
Streets in Floodplains ................................. 11-21
Strings of Lights ............................................. 7-7
Striping ........................................................... 6-4
Structure Height .......................................4-3, 4-9
Structure......................................... 2-1, 2-5, 2-25
Studio ............................................................ 4-13
Subdivision Design Features ...................... 11-12
Subdivision Identification Sign .................... 7-13
Subdivision Procedures ................................ 11-3
Subdivision Purpose and Intent .................... 11-2
Subdivision ..........................................2-25, 11-1
Submission of Site Plan .................................. 6-2
Submittals ..................................................... 5-19
Surface ............................................................ 6-4
Surfacing....................................................... 6-11
Swimming Pool ........... 2-26, 3-8, 4-11, 4-13, 6-9
Synagogue ..............................................4-10, 6-8
Text Amendments......................................... 9-12
Theater (drive-in) .......................................... 4-11
Theater (indoor) .....................................4-11, 6-9
Through Lot .................................................. 2-14
Time Limitations .......................................... 9-21
Time of Completion........................................ 6-2
Time of Dedication of Land ....................... 11-26
Title Insurance ............................................ 11-39
Title, Purpose, and Intent ................................ 1-1
Topography and Grading .......................... 11-26
Townhome Dwelling ...................................... 2-9
Townhome .............................................4-10, 6-6
Toxic and Noxious Matter ............................ 10-3
Tract .............................................................. 2-26
Trade School ................................................... 6-8
Traffic Impact Study ..................................... 5-15
Trailer Display and Sales/Rental ................... 4-14
Trailer ........................................................... 2-27
Transitional Area .......................................... 2-27
Transitional Shelter....................................... 2-27
Transportation Plan....................................... 2-27
Trash Dumpsters ............................................. 3-5
Trash Enclosure .................................... 2-27, 4-6
Travel Agency ...............................................4-13
Trees and Grading .......................................11-29
Truck Garden.................................................4-15
U
Underdrain System for Sump Pump
Discharge ...........................................11-32
Unified Control .............................................2-27
University .............................................. 4-11, 6-8
Unlawful Sign .................................................7-6
V
Vacation of Existing Plat ..............................11-9
Vacation ..................................... 2-28, 9-1, 11-37
Variance .............................. 2-28, 9-1, 9-9, 11-40
Variation and Relief ....................................11-40
Vegetable Garden ..........................................4-11
Vehicle Sales, Storage, and Service Use
Types .....................................................4-13
Vehicular Access ............................................4-3
Vehicular Signs ..................................... 7-6, 7-12
Veterinary Clinic............................ 2-3, 4-13, 6-7
W
Wall Sign .............................................. 7-6, 7-17
Warehouse.................................... 2-28, 4-14, 6-9
Water Main ...................................................11-7
Water Park .....................................................4-11
Waterlines ...................................................11-34
Wetlands .......................................................2-28
Truck Rental ........................................2-27, 4-14
Truck School ................................................. 4-14
Two-Family Dwelling .............................2-9, 6-6
Type of Guarantee ...................................... 11-38
Upholstery ..................................................... 4-13
Use ................................................................ 2-27
Utilities ......................................................... 2-28
Utility Meters/Transformers ........................... 4-6
Utility Plan.................................................... 5-15
Vibration ....................................................... 10-2
Video and Game Rental ................................ 4-13
Village Board of Trustees .............. 2-28, 9-1, 9-4
Village Board Review .................................. 5-18
Village Clerk................................................... 9-4
Village Code ................................................... 1-3
Village Engineer ............................................. 9-4
Violations and Penalties ............................. 11-39
Vision Clearance............................................. 3-9
Wholesale Trade ........................................... 2-29
Window Sign ................................. 7-6, 7-8, 7-20
Work Certification ........................................ 11-9
Written Protest .....................................9-14, 9-18
Written Statement ......................................... 5-15
X
Y
Yard and Setback Regulations ................ 4-3, 4-9
Yard Requirements .......................................6-10
Z
Zero Lot Line ..................................................2-9
Zoning District ..............................................2-30
Zoning Letter ................................. 2-30, 9-1, 9-5
Yard Setbacks ............................................... 4-16
Yard .......................................................2-29, 3-4
Zoning Lot .................................................... 2-14
Zoning Map .................................................... 4-1
Zoning Official ....................... 1-2, 2-30, 9-1, 9-2