§ 9-5-11. RPD—Residential Planned Development District.

A.

Legislative Intent. The purpose of the RPD Residential Planned Development District is to encourage the efficient use of land and public service through the unified development of one or more tracts of contiguous land with a combination of land uses. This district exists in recognition of existing areas currently being developed under previously approved RPD General Plans and it is the intent of the Village Board not to expand this district or to permit the district's application to other areas of the Village.

B.

Application. The establishment of a Residential Planned Development District (herein called an RPD District) shall contain an area of not less than 100 contiguous acres under single ownership or control at the time such RPD District is established, and shall be developed pursuant to a General Plan of Site Development (herein called the General Plan). For the purpose of determining ownership or control, the holder of a written option to purchase land or the purchaser under a written contract to purchase land shall be deemed to be the owner of such land.

C.

Procedure For Amending the General Plan.

1.

Initiation. The procedure for amending the General Plan shall be in accordance with the map amendment procedures of Section 9-1-17.

2.

Presentation Requirements. In conjunction with the application for amending the General Plan, the applicant shall submit a completed Village of Hoffman Estates Community Impact Statement.

3.

Effective Approval.

a.

The Village Board shall either grant approval of the application, with or without modification, or deny such application. If the application is approved, the area of land involved shall be redesignated on the General Plan by ordinance and such ordinance shall include any conditions or restrictions that may be imposed by the Village Board.

b.

No building permit shall be issued for any structure within the RPD District unless such structure conforms to the provisions of the General Plan and other applicable zoning requirements.

c.

If buildings or other improvements are located within 30 feet of the location shown on the approval General Plan, for purposes of this Code, such buildings or other improvements shall be deemed to be in substantial compliance herewith.

D.

Permitted Uses, Residential.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the RPD District. No building or land within the RPD District shall be devoted to any use other than uses permitted hereunder with the exception of uses lawfully established on the effective date of this Code.

2.

The following uses are permitted in the Residential Planned Development District:

a.

Dwellings, Multiple;

b.

Dwellings, One-family attached;

c.

Dwellings, One-family detached;

d.

Dwellings, Two-family;

e.

Churches, rectories, and parish houses;

f.

Golf Courses, excepting driving ranges or miniature golf courses;

g.

Parks and playgrounds, owned or operated by public or noncommercial agencies;

h.

Public libraries;

i.

Public schools, Non-boarding;

j.

Sales or rental model buildings;

k.

Municipal buildings and uses;

l.

Dwellings, Community residence, subject to the requirements of Section 9-3-12 of this Code;

m.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, gazebos, pools, patios, decorative structures and gate houses.

(3)

Club houses and other structures on the grounds of golf courses and one-family attached and multiple dwelling developments.

(4)

Games, common residential.

(5)

Games, home.

(6)

Garages and carports.

(7)

Greenhouses.

(8)

Home occupations.

(9)

Storage of building materials (during course of construction only).

(10)

Storage yards for unoccupied recreational equipment registered to residents of the development.

(11)

Swimming pools and tennis courts, private.

(12)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(13)

Tool houses, storage sheds and similar buildings for the storage of domestic supplies.

(14)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

E.

Special Uses, Residential. Special uses, as hereinafter enumerated, may be allowed in the RPD District subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the RPD District:

1.

Athletic fields and recreational facilities, Non-commercial.

2.

Driving ranges when operated in conjunction with a golf course.

3.

Public utility and public service uses.

4.

Dwellings, Community residence located within 1,000 feet of any existing community residence (See Section 9-3-12-B).

5.

Dwelling - Assisted Residential Facilities, provided the detailed characteristics of the use are clearly defined, no special use shall be approved unless it is found that in addition to the general standards set forth in Section 9-1-18, adequate provisions are made for maintaining the necessary quality of care for residents, and adequate building design and operational measures are taken to ensure the safety of all residents.

6.

Dwelling - Independent Residential Facilities, provided the detailed characteristics of the use are clearly defined, no special use shall be approved unless it is found that in addition to the general standards set forth in Section 9-1-18, adequate provisions are made for maintaining the necessary quality of care for residents, and adequate building design and operational measures are taken to ensure the safety of all residents.

F.

Permitted Uses, Commercial.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the RPD District. No building or land within the RPD District shall be devoted to any use other than uses permitted hereunder with the exception of uses lawfully established on the effective date of this Code.

2.

The following uses are permitted in the RPD District:

a.

Air conditioning and heating sales and service.

b.

Auditoriums, theatres and band shells.

c.

Bakeries, Retail.

d.

Barber shops and beauty parlors, provided no more than 20% of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

e.

Battery, tire and automobile service repair conducted wholly within an enclosed building.

f.

Bowling alleys.

g.

Business, music, dance and commercial schools.

h.

Catering establishments.

i.

Department, furniture and home appliance stores.

j.

Drug stores.

k.

Electrical appliance shops and repair.

l.

Employment agencies.

m.

Entry gate houses and perimeter and interior walls and fences.

n.

Financial institutions, where the use is located within a larger permitted business, or where the use occupies 50 percent or less of the floor area of a multi-tenant building.

o.

Florist shops and greenhouses, Retail.

p.

Grocery, fruit and vegetable stores.

q.

Hardware stores.

r.

Hotels and motels.

s.

Launderettes; laundry and dry cleaners that transport dry goods off-site to be dry cleaned at a separate facility.

t.

Maintenance and storage buildings and storage yards for boats and unoccupied trailers.

u.

Meat markets and poultry stores, if no slaughter or stripping is involved.

v.

Medical and dental clinics.

w.

Painting and decorating shops.

x.

Pet shops or animal hospitals when conducted wholly within enclosed buildings.

y.

Post offices.

z.

Printing, publishing and issuing of newspapers, periodicals, books and other reading matter.

aa.

Printing shops.

bb.

Professional and service offices.

cc.

Radio and television sales and service.

dd.

Radio and television transmission and receiving facilities.

ee.

Restaurants.

ff.

Retail stores and services.

gg.

Stables and riding trails.

hh.

Theatre, indoor (not including outdoor motion picture theatres).

ii.

Tanning salons, provided no more than 20 percent of the customer accessible floor space is to be used for massage services located within enclosed or partially enclosed areas.

jj.

Municipal buildings and uses.

kk.

Accessory uses, including, but not limited to, the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, pools, patios, decorative structures and gate houses.

(3)

Game area.

(4)

Games, common business.

(5)

Green houses and landscape nursery.

(6)

Heliports.

(7)

Mineral extraction, processing and batching of concrete and road construction material, during course of construction only.

(8)

Landfill for disposal of combustible building waste, during the course of construction only.

(9)

Storage and fabrication of building materials, during the course of construction only.

(10)

Swimming pools and tennis courts.

(11)

Temporary buildings for construction purposes only, but not to exceed the period of construction.

(12)

Utility and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

G.

Special Uses, Commercial. Special uses, as hereinafter enumerated, may be allowed in the RPD District, subject to the issuance of special use permits in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the RPD District:

1.

Agricultural implement sales and services when conducted wholly within a completely enclosed building.

2.

Automobile sales and service shops conducted wholly within a completely enclosed building and as one integrated business operation except for outside storage or display areas, and located on parcels not less than two acres in size.

3.

Automobile service stations, repair and car wash.

4.

Beverage distributors, but not including bottling plants.

5.

Hospitals and sanitariums.

6.

Miniature golf courses, commercial.

7.

Nursery schools and day care centers.

8.

Pistol range, indoor.

9.

Plumbing, heating and roofing supply and work shop.

10.

Skeet and trap shooting after 10:30 a.m. and not after dark.

11.

Financial institutions, where the use occupies a freestanding building or more than 50 percent of the floor area of a multi-tenant building. In addition to the special use standards in Section 9-1-18-I, it shall be demonstrated that the use will not have a detrimental effect on the mix of retail and non-retail uses in the immediate area, and that the building can be adapted for a different use in the future.

12.

All other uses not heretofore cited.

H.

Development Standards.

1.

Minimum Acreage. No RPD District may include less than 100 acres of contiguous land unless the Village Board adopts a statement of intent, stating the reasons for their findings, that they find the proposed development site to be susceptible to residential planned development treatment even though the site contains less than 100 acres.

2.

Density. For the purpose of calculating the number of residential units which shall be permitted in an RPD District the gross land area of the property, including land devoted to uses other than residential, shall be included in computing said density.

a.

Efficiency, one and two bedroom units, whether single-family, duplexes, townhouse or apartments shall require a minimum of 2,500 square feet of land for each unit.

b.

Three bedroom units, as aforesaid, shall require a minimum of 3,500 square feet of land per unit.

c.

Four bedroom units and over, as aforesaid, shall require a minimum of 5,000 square feet of land per unit.

d.

However, the General Plan as approved insofar as it shows density less than the maximum permitted herein shall be binding upon the applicant, its successors and assigns.

3.

Ground Coverage. Maximum ground coverage of all buildings and structures (other than paved parking area ) shall not exceed 25 percent of the gross ground area of the RPD District.

4.

Yards. Yards along the perimeter of the RPD District shall not be less than 30 feet, provided, however, buildings of more than 30 feet in height shall provide a perimeter yard setback of not less than equal to the height of such building.

5.

Single-family residential lots shall be subject to the setback requirements for a principal building in the district which has a comparable minimum square footage.

I.

Open Space.

1.

No plan for an RPD District shall be approved unless such plan provides for permanent public and permanent private open space equal to 40 percent of the total land area. A minimum of ten percent of the total land area shall be devoted to public open space.

2.

Said permanent public open space shall be an area devoted to public use. The term includes public schools, public parks and playgrounds, public landscaped green space, lakes, ponds and streams. Buildings erected by public agencies shall be considered public open space.

3.

Said permanent private open space shall be that portion of a lot under private ownership which shall not be improved or occupied by buildings or structures including accessory buildings or structures. Easements for public utilities shall not be restricted or infringed by this easement.

4.

The applicant may include any combination of the foregoing provided that the total area designated as "Permanent Open Space" shall be not less than the said 40 percent of total land area.

5.

The type of uses shown for permanent public open space may not be varied except by approval of the Village Board subject to the provisions of Section 9-1-15 Variations.

6.

As a condition to the approval of the RPD District, the applicant shall present to the Village a Plan of Open Space indicating those areas which are to remain as permanent public and permanent private open space.

7.

Building permits for structures to be constructed on any portion of the RPD District shall not be issued unless the applicant has theretofore delivered to the Village a Plat of Open Space covering a portion of the area previously designated in the approved Plan of Permanent Open Space.

8.

The Plat of Open Space granting a permanent easement for reservation of open space shall contain a minimum area determined as follows:

a.

For each one percent of the approved dwelling units for which building permits are requested there must be an Easement for Open Space covering one and two-tenths percent of the Open Space shown in the Plat of Open Space.

b.

The area designated in the easement does not necessarily have to be contiguous to the area of construction.

c.

This procedure shall continue until such time as easements covering all permanent open space have been delivered to the Village.

9.

For calculation purposes under this paragraph, in the case of building permits for commercial construction, 10,000 square feet of commercial space shall be considered equal to one dwelling unit.

10.

The said Plat or Plats of Easement for Permanent Open Space shall contain on its face the following provisions:

"As part of Residential Planned Development known as ___________, there is hereby granted the Village of Hoffman Estates an open space easement in perpetuity that such permanent open space shall not be improved other than as permitted or required in the Zoning Code or Subdivision Code for the District. The Village of Hoffman Estates shall have the sole right to release portions of this open space easement from time to time."

J.

Outside Storage Regulations. The sale, servicing, storage, and display of goods and/or materials shall be conducted within completely enclosed buildings, unless otherwise provided for herein. The following activities and uses are exempt from this requirement:

a.

Those uses and activities specifically designated and approved by the Village of Hoffman Estates for the outdoor display and/or sale of products or materials.

b.

Those uses and activities established in accordance with the provisions of Chapter 8, Section 8-7-17 of the Municipal Code of the Village of Hoffman Estates.

K.

Height Regulations. Height of a particular building shall not be a basis for denial or approval of a General Plan provided the developer can demonstrate that the proposed development offers amenities to the community that compensate for the increased height, including reduction of ground coverage below 25 percent. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

L.

Off-Street Parking Regulations. Adequate provisions shall be made in all cases for off-street parking and off-street loading (if required) in accordance with the provisions of Section 9-3-2.

M.

Recreation Equipment Parking. See Section 9-3-4.

N.

Subdivision Regulations. Development of the General Plan shall be subject to the regulations governing required improvements found in the RPD District Subdivision Ordinance, except as modified by approval of the Village Board as part of the General Plan approval.

O.

General Regulations. For additional regulations and requirements pertaining to the RPD District see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4350-2013, § 7, 1-14-13; Ord. No. 4537-2016, § 1, 3-14-16)