Provisions are included for Planned Unit Development Districts
to permit establishment of areas in which diverse uses may be brought
together as a compatible and unified plan of development, which shall
be in the interest of the general welfare of the public. In order
to offer flexibility within the PUD District, properties within this
district can be developed as PUD-Residential (PUD-R) or PUD-Business
(PUD-B). The intent is that in the event the properties in the PUD
District are sold in the future, the development potential is flexible
and offers redevelopment and reuse potential. Development approvals
for either PUD-R or PUD-B will be based on a consideration of adjacent
land uses and the appropriateness of the proposed use within the context
of surrounding uses. In Planned Unit Development Districts, land and
structures may be used for any lawful purpose in accordance with the
provisions set forth herein.
The procedure for obtaining a change in zoning district or undertaking
development within a planned unit development district shall be as
follows:
A.
Application fee. The filing of a Planning Board or Zoning Board of
Appeals application shall be accompanied by a fee as set forth from
time to time by resolution of the Board of Trustees.
B.
Number of copies. For each submission, conceptual, preliminary, and
final, 14 copies of the application package shall be presented to
the Code Enforcement Officer by the predetermined application deadline,
approximately one month before the Village Planning Board meeting.
If the application also includes variances, then an additional six
copies are required. Electronic versions of the site plans shall also
be submitted (PDF, GIS Shapefile and Auto CAD).
C.
Performance bond. In the case of a change in zoning district petition
filed with respect to a planned unit development district, such change
in zoning district shall not become effective until the petitioner
has filed a performance bond. In an amount set by the Village Board
and under such conditions as the Planning Board may deem to be in
the best interests of the public, the petitioner shall file with the
Village Clerk either a certified check or performance bond cost so
as to ensure that the proposed development of the area to be rezoned
will be built in full compliance with the provisions of the accepted
development plan. Any such bond shall be satisfactory to the Village
Board, the Village Attorney and the Department of Public Works Superintendent
as to form, sufficiency, manner of execution and surety. A period
determined appropriate by the Village Board shall be set forth in
the bond within which required improvements must be completed.
D.
Conceptual development plan. If desired, the applicant may submit
a conceptual plan before a preliminary development plan.
(1)
The Planning Board shall discuss the proposed application and shall
review the conceptual development plan with the owner at a meeting
of the Planning Board. The Planning Board shall prepare general recommendations
with regard to the conceptual development plan and, if applicable,
the proposed change in district.
(2)
The applicant will receive the Planning Board minutes indicating
the Planning Board's approval in principle, or its disapproval.
If the conceptual development plan is approved in principle, the Planning
Board shall state any specific changes it will require and authorize
the owner to submit a formal application and development plan.
E.
Preliminary development plan. The owner shall submit a preliminary
development plan to the Planning Board for review, which shall include
the following information:
(1)
Proposed site plan, showing building locations and land use areas.
(2)
Proposed traffic circulation, parking areas and pedestrian walks.
(3)
Proposed landscaping layout.
(4)
Proposed construction sequence for buildings, parking spaces and
landscaped areas.
(5)
The Planning Board shall discuss the development plan with the owner
at a public meeting.
F.
Final development plan.
(1)
The owner shall submit a development plan to the Planning Board for
review, including the request for a change of district classification.
The development plan shall be prepared by an architect, landscape
architect, engineer, land surveyor or planner and shall include the
following information presented in drawn form and which may be accompanied
by a written text:
(a)
Survey of the property, showing existing features of the property,
including contours, buildings, structures, trees over four inches
in trunk diameter, streets, utility easements, rights-of-way and land
use.
(b)
Site plan showing proposed building locations and land use areas.
(c)
Traffic circulation, parking areas and pedestrian walks.
(d)
Landscaping plans, including site grading and landscape design.
(e)
Preliminary drawings for buildings to be constructed in the
current phase, including floor plans, exterior elevations and sections.
(f)
Preliminary engineering plans, including street improvements,
drainage system and public utility extensions.
(g)
Engineering feasibility studies of any anticipated problems
which might arise due to the proposed development as required by the
Planning Board.
(h)
Construction sequence and time schedule for completion of each
phase for buildings, parking spaces and landscaped areas.
(2)
This development plan shall be in general conformance with the approved
preliminary development plan. Planned development approval shall be
secured by the owner for each phase of the development.
G.
Planned unit development zoning classification.
(1)
After receipt of the Planning Board's recommendations, public
notice shall be given and a public hearing held by the Village Board
on the proposed change of district, as provided by law in the case
of an amendment to the Zoning Chapter.
(2)
After the public hearing this chapter may be amended so as to define
the boundaries of the planned unit development district, but such
action shall have the effect only of granting permission for development
of the specific proposal, in accordance with this chapter within the
area so designated, with the development plan submitted. If the change
of the district and development plan is approved, an appropriate notation
to that effect will be made on the face of the three copies of the
development plan. One copy will be retained by the Clerk, one copy
will be placed in the Planning Board files and one copy will be returned
to the owner.
(3)
Prior to commencement of construction, final site plan approval is
also required.
The Planning Board, after determining that all the requirements
of this chapter dealing with planned unit development districts have
been met, shall recommend the approval, approval with modifications
or disapproval of the development plan. The Planning Board shall enter
its reasons for such action in its records. The Planning Board may
recommend the establishment of a planned unit development district,
provided that they find the facts submitted with the development plan
established that:
A.
The uses proposed will not be detrimental to present and potential
surrounding uses, but will have a beneficial effect which could not
be achieved under any other district.
B.
Any exception from the requirements of this chapter is warranted
by the design and amenities incorporated in the development plan.
C.
Land surrounding the proposed development can be planned in coordination
with the proposed development and that it can be compatible in use.
D.
The proposed change to a planned unit development district is in
conformance with the general intent of the Comprehensive Plan.
E.
Existing and proposed streets are suitable and adequate to carry
anticipated traffic within the proposed district and in the vicinity
of the proposed district.
F.
Existing and proposed utility services are adequate for the proposed
development.
G.
Each phase of the proposed development, as it is proposed to be completed,
must contain the required parking spaces, landscape and utility areas
necessary for creating and sustaining a desirable and stable environment.
H.
The proposed planned unit development district and all proposed buildings,
parking spaces and landscape and utility areas can be completely developed
within five years of the establishment of the district.
A.
The purpose of planned unit development standards are to provide
for the rezoning of land to residential, office, business, and commercial
zones. This rezoning shall be in conformance with provisions and standards
which ensure compatibility among all the land uses, foster innovation
in site planning and development and encourage sound development in
the interest of safety and general welfare of the public.
B.
The standards and guidelines for planned unit development districts
are to provide the Planning Board with a means to evaluate applications
for these districts consistent with the provisions and general intent
of this chapter and the Comprehensive Plan.
C.
The following standards are intended to strengthen public control
over development, while providing the necessary latitude for the developer
to make creative and efficient use of his or her property.
B.
Other uses not specifically listed in § 170-8, Village of Newark Schedule of Permitted Land Uses, but deemed by the Zoning Board of Appeals to be similar in nature and compatible with the purposes of the PUD-R Planned Unit Development, Residential District. Once a use has been deemed similar in nature and compatible with the purposes of the district, special permit criteria shall be reviewed and a special permit issued, if approved. NOTE: In a PUD-R Planned Unit Development, Residential District, adult entertainment shall not be a permitted use.
Area, yard, coverage and supplementary regulations shall be
as follows:
|
PUD-R
| |||||
|---|---|---|---|---|---|
|
Multifamily
| |||||
|
One-Family
|
Two-Family
|
Three-Family
|
Four-Family or More
|
Permitted Nonresidential Uses
| |
|
District area minimum
|
2 acres
|
2 acres
|
2 acres
|
2 acres
|
2 acres
|
|
Width minimum
|
200 feet
|
200 feet
|
200 feet
|
200 feet
|
200 feet
|
|
Depth minimum
|
200 feet
|
200 feet
|
200 feet
|
200 feet
|
200 feet
|
|
Lot area minimum
|
9,000 square feet
|
12,500 square feet
|
15,000 square feet
|
*
|
2 acres
|
|
Lot frontage minimum
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
|
Lot depth minimum
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
|
Front yard minimum
|
**
|
**
|
**
|
**
|
40 feet
|
|
Rear yard minimum if abutting R-1, R-2, R-3
|
**
|
**
|
**
|
**
|
40 feet
|
|
Otherwise
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
|
Side yard minimum if abutting R-1, R-2, R-3
|
**
|
**
|
**
|
**
|
40 feet
|
|
Otherwise
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
|
Coverage maximum
|
30%
|
30%
|
30%
|
30%
|
30%
|
|
Building height maximum, whichever is less
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
No restrictions
|
|
Location of driveways
|
***
|
***
|
***
|
***
|
***
|
|
Supplementary regulations as set forth in Article XIV
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
|
NOTES:
| |
|
*
|
Dwelling average minimum of 4,000 square feet per dwelling unit.
|
|
**
|
Front, rear and side yards shall be designed so that no building
is closer than 20 feet to any other building and no closer than 30
feet to any boundary line of the district or public street.
|
|
***
|
Minimum 100 feet from intersection and minimum 100 feet apart.
|
In Planned Unit Development, Business Districts PUD-B, the following
uses may be permitted:
B.
Other uses not specifically listed in § 170-8, Village of Newark Schedule of Permitted Land Uses, but deemed by the Zoning Board of Appeals to be similar in nature and compatible with the purposes of the PUD-B Planned Unit Development, Business District. Once a use has been deemed similar in nature and compatible with the purposes of the district, special permit criteria shall be reviewed and a special permit issued, if approved. NOTE: In a PUD-B Planned Unit Development, Business District, adult entertainment shall not be a permitted use.
Area, yard, coverage and supplementary regulations shall be
as follows:
|
PUD-B
| |
|---|---|
|
District area minimum
|
2 acres
|
|
Width minimum
|
200 feet
|
|
Depth minimum
|
200 feet
|
|
Lot area minimum
|
35,000 square feet
|
|
Lot frontage minimum
|
100 feet
|
|
Lot depth minimum
|
150 feet
|
|
Front yard minimum
|
40 feet
|
|
Rear yard minimum
| |
|
If abutting R-1, R-2, R-3
|
50 feet
|
|
Otherwise
|
25 feet
|
|
Side yard minimum
| |
|
If abutting R-1, R-2, R-3
|
50 feet
|
|
Otherwise
|
25 feet
|
|
Coverage maximum
|
40%
|
|
Building height maximum whichever is less
|
3 stories or 35 feet
|
|
Location of driveways:
| |
|
Minimum 100 feet from intersection
and minimum 100 feet apart
| |
|
Supplementary regulations as set forth in Article XIV
|
Yes
|
