In order to qualify for PUD, the following qualifying conditions
shall be satisfied:
A. A PUD may be considered for any property in the Village. However,
the applicant must demonstrate that the PUD would result in recognizable
and substantial benefits to the ultimate users of a development and
to the community in general, where such benefits would be unfeasible
or unlikely to be achieved under the conventional requirements of
this chapter.
B. A PUD shall be served adequately by essential public facilities and
services, such as streets, pedestrian ways, police and fire protection,
drainage structures, refuse disposal, water and sewer, electricity,
natural gas, and telecommunications.
C. A PUD shall be compatible with the capacities of public services
and facilities it may affect.
D. The parcel shall be under the control of one owner or the subject
of an application filed jointly by the owners of all properties and
shall be capable of being planned and developed as one integral unit.
Applications for a PUD must be made with the written authorization
of all owners of the site. If a PUD application is filed by a prospective
purchaser or option holder, written consent of all property owners
must be submitted as evidence of their concurrence with the PUD application.
E. A PUD shall result in a development that is substantially consistent
with the goals and objectives of the Village's Master Plan, including,
but not limited to, creating a walkable, sustainable, and attractive
community and protecting reasonable waterfront views and access for
all waterfront developments.
The Zoning Board of Appeals shall have no authority to hear
appeals regarding a decision on a PUD.
The Planning Commission and Village Council shall approve a
PUD only if it complies with each of the following standards:
A. The proposed PUD is consistent with and promotes the intent of this
article and represents a development opportunity for the community
that could not be achieved through conventional zoning.
B. The proposed PUD complies with all of the qualifying conditions of §
390-74.
C. The proposed PUD shall not be hazardous to adjacent property or involve
uses, activities, materials, or equipment that will be detrimental
to the public health, safety and welfare of persons or property through
the excessive production of traffic, noise, smoke, fumes, dust, or
glare.
D. The proposed type and density of use shall be compatible with the
capacities of the public services and facilities it may affect, and
shall not place a material burden upon the subject or surrounding
land or property owners and occupants or the natural environment.
E. The proposed development shall be compatible with the adopted master
plan of the Village and shall be consistent with the intent and spirit
of this article.
F. Safe and efficient ingress and egress has been provided to the property,
with particular reference to pedestrian safety and convenience, traffic
flow and control and access in case of fire or other emergency.
G. The proposed PUD shall be designed, constructed, and maintained to
be an integrated and harmonious development, appropriate in appearance
with the existing or intended character of adjacent property, the
surrounding uses of land, the natural environment, the capacity of
public services and facilities affected by the development.
H. The proposed PUD shall satisfy all applicable local, state, and federal
laws, rules, and regulations.
The Planning Commission may require a performance bond or similar guarantee in order to ensure the completion of required improvements pursuant to §
390-153 of this chapter.
Changes to an approved PUD shall be permitted only under the
following circumstances.
A. The holder of an approved PUD final development plan shall notify
the Zoning Administrator of any desired change to the approved PUD.
B. Minor changes may be approved by the Zoning Administrator upon determining
that the proposed revision(s) will not alter the basic design and
character of the PUD, nor any specified conditions imposed as part
of the original approval. Minor changes shall include any of the following.
(1) Reduction of the size of any building or sign;
(2) Movement of buildings or signs by no more than 10 feet;
(3) Landscaping approved in the final development plan that is replaced
by similar landscaping to an equal or greater extent;
(4) Changes in floor plans, of up to 5% of the total floor area of all
buildings, which do not alter the character of the use or increase
the amount of required parking;
(5) Internal rearrangement of a parking lot which does not affect the
number of parking spaces or alter access locations or design;
(6) Changes required or requested by the Village, the county, or other
state or federal regulatory agency in order to conform to other laws
or regulations;
(7) Change of phases or sequence of phases, only if all phases of the
PUD have received final approval.
(8) Other changes determined by the Zoning Administrator to be minor
changes.
C. A proposed change not determined by the Zoning Administrator to be
minor shall be submitted as an amendment to the final development
plan and shall be processed in the same manner as the original PUD
application, including both preliminary and final development plan
review.
[Amended 2-21-2022 by Ord. No. 375]