A.Â
The provisions of this article are intended for special situations
in which:
(1)Â
Adequate space, light, air, and other objectives of this chapter
relating to the public health, safety, and welfare can be achieved
without the literal application of the detailed zoning and subdivision
requirements otherwise applicable; and
(2)Â
Special amenities and benefits to the community beyond those
required by this chapter and other Village ordinances can be achieved
by allowing more flexible design than is otherwise permitted by Village
zoning and subdivision regulations.
B.Â
These objectives can be achieved where a substantial area of land
is planned for development as an integrated unit and where its design
is subject to more detailed review and approval by the Village than
is normally required.
C.Â
The objective of planned unit development is therefore not simply
to allow exceptions to otherwise applicable regulations. It is instead
to encourage a higher level of design and amenity than it is possible
to achieve under the usual land development requirements.
D.Â
It is therefore the intent of the Village to suspend the application
of detailed zoning and subdivision standards as provided herein only
where such special amenity is achieved. In this way, the Village may
grant the creative developer a desirable flexibility and at the same
time not only protect but enhance the welfare of the residents and
other users of a development as well as the rest of the community.
[Amended 1-23-2006 by Ord. No. 06-02]
A.Â
A planned unit development may be developed in any district in which
planned unit developments are allowed as conditional uses.
C.Â
A planned unit development may be residential, commercial, office,
industrial, or a combination thereof. Flexibility to suspend requirements
imposed elsewhere is not conferred upon the planned unit development
applicant as a matter of right but is in all cases subject to a finding
by the Village that the objectives of these provisions will be served
thereby.
D.Â
Effective February 1, 2006, all proposed developments over 10 acres
in size for which a preliminary plat has not already been approved
shall be filed as a planned unit development.
[Amended 1-23-2006 by Ord. No. 06-02]
To further a superior level of design and amenity in new development,
the following incentives are offered in planned unit developments:
A.Â
Variable density and dimensional zoning standards. Standards for minimum lot area, lot width, building height, floor area ratio, yard dimensions, off-street parking and loading, landscaping and screening, fences, and signs may vary from those established elsewhere in this chapter and in Chapter 156, Subdivision Regulations. The applicable standard for minimum lot area per dwelling unit may be reduced a maximum of 25%. Unless otherwise agreed by the Village Board, the net density for any planned unit development shall not exceed 2.6 dwellings per acre.
B.Â
More than one principal building per lot. In a planned unit development,
more than one principal building may be located on a lot.
A.Â
Site plan review. Whether or not a land subdivision is involved,
preliminary and final plans for the development shall be filed and
approved by the Village in conformance with the provisions of Table
2.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.Â
Required common open space. A minimum of 20% of the net site area in residential use in each phase shall be used for permanent common open space, as defined in § 156-3.
C.Â
Quality of design. To be granted the flexibility permitted under
these regulations, a planned unit development must evidence a level
of design and amenity exceeding that typical of conventional development.
Among the features that may evidence such amenity are:
(1)Â
Amount and quality of landscaping;
(2)Â
Amount, quality, and interconnectedness of common open space;
(3)Â
Provision of pedestrian or bicycle paths separated from streets;
(4)Â
Preservation of drainageways and other natural features;
(5)Â
Provision of common recreational facilities;
(6)Â
Enclosed, underground, depressed, or outstandingly landscaped
parking areas;
(7)Â
Varied building setbacks or other measures to reduce monotony
in design; and
(8)Â
Other features as determined by the Village Board.
D.Â
Underground utilities. All utility lines within a planned unit development
are required to be underground. Appurtenances to utility systems that
are effectively screened may be permitted above ground if the Village
Board finds that they will not be detrimental to the character of
the development.
E.Â
Phasing of development. Land designated for future construction phases
and other land not intended for immediate improvement shall be landscaped
or otherwise maintained with a neat and orderly appearance as specified
by the Village Board.
Preliminary plans and final plans for planned unit developments shall be approved only in conformance with the approval process provided in § 156-27 et seq. and the approval criteria provided in Table 16.[1]
[1]
Editor's Note: Table 16 is included as an attachment to this chapter.
[Amended 4-26-1999 by Ord. No. 99-2]
A.Â
A Planned Unit Development Review Committee is hereby authorized
to review filings for planned unit developments.
B.Â
The membership of the Committee may include the President, the Village
Attorney, the Zoning Administrator, the Building Inspector, the Village
Engineer, the Public Works Director, the Fire Chief, the Chairperson
of the Board of Appeals, the Chairperson of the Planning Commission,
the Chairperson of the Building and Zoning Committee of the Village
Board, and any others appointed thereto by the President with the
advice and consent of the Village Board. The Committee may seek technical
assistance from such other sources as it deems necessary.
[Amended 7-27-2016 by Ord. No. 16-16]
C.Â
The Committee shall, within 30 days after completing its review of
any filing, submit to the Zoning Board the complete filing together
with a written report noting any deficiencies in compliance with the
requirements herein and any recommendations for improvement of the
planned unit development to better reflect the objectives of these
provisions. A copy of the Committee's report shall also be sent to
the applicant.
A.Â
Filing of final plan.
(1)Â
Approval of a preliminary plan for a planned unit development
shall become void unless the applicant submits a final plan substantially
in conformance therewith and meeting the requirements of Table 2[1] within 12 months of the date of approval of the preliminary
plan, or within any extension beyond this period granted by the Village
Board. The final plan may be filed in phases, but the plan required
within this period shall include no less than 25% of the land area
included in the preliminary plan.
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
B.Â
Recording of final plan. The final plan as approved by the Village Board shall be filed with the County Recorder of Deeds as the final plat for the planned unit development. No permit allowing the construction of any improvement shall be issued before the final plan is recorded. The applicant shall pay all recording costs, as set forth in § 10-99F of the Village Code, as the same shall be amended from time to time by the corporate authorities of the Village.
[Amended 7-27-2016 by Ord. No. 16-16]
C.Â
Amendments to approved plan.
(2)Â
An applicant seeking approval of an amendment shall file an application therefor with the Zoning Administrator. The application shall describe the amendment sought and provide such other information as the Zoning Board may require. It shall be accompanied by 25 copies of the proposed amendment and a filing fee, as set forth in § 10-99F of the Village Code, as same shall be amended from time to time by the corporate authorities of the Village.
[Amended 7-27-2016 by Ord. No. 16-16]
(3)Â
If the Zoning Board determines that the amendment sought is a substantial change, as defined in § 156-3, the approval process set forth herein for preliminary plans and final plans shall be followed. Otherwise, the Zoning Board shall, within 60 days of receiving the application for amendment, file a written report with the Village Board, including findings of fact and a recommendation for action on the amendment.
(4)Â
A substantial change to a planned unit development shall be
any of the following changes from the previously approved plan:
(a)Â
Any change in land use type or housing type;
(b)Â
A change in the location of any structure, off-street parking
or loading area, common open space area, or any area or right-of-way
to be conveyed to or reserved for a public body, by more than 10 feet
in any direction, or a change in the spacing between any two structures
by more than 10%;
(c)Â
A change of more than 10% in any nonlocational quantitative
specification of the previously approved plan, including:
[1]Â
Any dimension of any lot, yard, structure, or pedestrian or
vehicular thoroughfare.
[2]Â
Any residential density.
[3]Â
Amount of common open space acreage.
[4]Â
Utility line capacity.
[5]Â
Amount of floor area of nonresidential development.
[6]Â
Amount of land to be conveyed to or reserved for any public
body.
[7]Â
Size or capacity of any off-street parking or loading area.
[8]Â
Amount or dimensions of existing or proposed trees for ground
cover, landscaping, or screening.
(d)Â
Any other change that causes the development to fall short of
meeting the requirements of any applicable zoning district to any
greater degree than already provided on the previously approved plan.
(5)Â
The Village Board shall approve, conditionally approve, or disapprove
the amendment. An amended final plan shall be recorded in accordance
with the provisions herein governing recording of a final plan.
D.Â
Revocation of approval of final plan.
(1)Â
The Village Board may revoke its approval of a final plan for
a planned unit development or any phase thereof in any of the following
circumstances:
(a)Â
If construction does not begin within one year after approval
of the plan.
(b)Â
If construction is not completed within the time specified in
the approved construction schedule or any extension thereof granted
by the Village Board.
(c)Â
If applicable provisions of this chapter are not complied with.
(2)Â
In any such instance, the Village Board shall give the applicant
15 days' notice to appear before the Board to answer any charge of
noncompliance.
(3)Â
If the Board finds that the applicant is not in compliance,
it may revoke approval if the planned unit development is not brought
into compliance within a period it specifies.