The purpose of the Planned Development Zone
is to permit, where appropriate, a degree of flexibility in conventional
land use and design regulations which will encourage development in
an imaginative and innovative way while through the process of review,
discussion and law change, insuring efficient investment in public
improvements, a more suitable environment, and protection of community
interest. This article is intended to relate to both residential and
nonresidential development, as well as mixed forms of development.
There may be uses, now or in the future, which are not expressly permitted
by the other terms of this chapter but which uses would not contravene
the long range Comprehensive Plan objectives if they adhere to certain
predetermined performance and design conditions. The Planned Development
Zone is intended to be used to enable these developments to occur
even though they may not be specifically authorized by this chapter.
Areas may be zoned as a Planned Development Zone by the Town Board
or upon application for a specific proposal, all in accordance with
the normal rezoning procedures. Because the intention is to create
self-contained, architecturally consistent and compatible buildings,
many times with diverse but related uses, and because the creation
of a Planned Development Zone will entail sufficient review to assure
the uses within the zone will have negligible or no adverse effects
upon properties surrounding the zone, a Planned Development Zone may
be created in any zone within the Town. In reaching its decision on
whether to rezone to a Planned Development Zone, the Town Board shall
consider the general criteria set forth in this chapter, the most
current Comprehensive or Master Plan for the Town, and this statement
of purpose.
With the approval of the Town Board, a Planned
Development Zone may be established in any zone in the Town. The establishment
of any such zone shall lie in the sole discretion of the Town Board,
as a legislative body. It shall be established by amending the Zoning
Ordinance to permit such establishment. The enactment and establishment
of such a zone shall be a legislative act. No owner of land or other
person having an interest in land shall be entitled as a matter of
right to the enactment or establishment of any such zone.
In a Planned Development Zone buildings and
land may be used for any lawful purpose permitted in the zone where
it is located, plus any other uses which the Town Board may authorize
upon findings that such additional uses:
In any rezoning to a Planned Development Zone
the Town Board may impose such conditions or limitations that the
Town Board, in its legislative discretion, may determine to be necessary
or desirable to insure the development conforms with the Comprehensive
Plan of the Town, including limiting the permitted uses, location
and size of buildings and structures, providing for open space and
recreational areas, and requiring bonds or other assurances of completion
of any infrastructure to be built as part of the development.
A minimum tract of two acres is required for
the development of a Planned Development Zone.
Yard, height, building coverage, lot size, and
any performance standards shall be as set forth in the legislation
rezoning the area to a Planned Development Zone. Unless otherwise
stated in such legislation, if no such regulations are set forth,
the regulations applicable to the zone in which the Planned Development
Zone is located shall govern.
No structure shall be erected or placed within a Planned Development Zone, no building permit shall be issued for a building or structure within a Planned Development Zone, and no existing building, structure or use in a Planned Development Zone be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
