(A) Purposes. The purposes of planned unit development are:
(1) To permit flexibility that will encourage a more creative approach in the development of land and will result in a more efficient use of open area while maintaining density and area coverage permitted in the general zoning district or districts in which the project is located; and
(2) To permit flexibility in design, placement of buildings, and use of open spaces, circulation facilities, and off-street parking areas and to best utilize the potential of sites characterized by special features of geography, topography, size, or shape.
(Prior Code, § 18-58)
(B) General provisions.
(1) Planned unit development is permitted on tracts of not less than ten acres in size.
(2) In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this subchapter. No modification of use or bulk and area requirements of the applicable general use district or districts shall be permitted unless a subdivision plat incorporating the provisions and requirements of this subchapter is submitted to and approved by the Planning Commission and Town Board of Trustees and filed on record in the office of the County Clerk.
(Prior Code, § 18-59)
(C) Uses permitted in planned unit development,
(1) Principal uses. A planned unit development shall primarily be residential when located within a residential district. The development may consist of one or more of the following dwelling types: single-family detached dwelling, duplex dwelling, multi-family dwelling, townhouse, and similar uses. The uses, other than dwellings, which are permitted by right or exception in the residential districts may be included within a PUD if such nonresidential uses do not occupy more than 10% of the gross area of the PUD which are in the R-1 zone and are designed and located to be compatible with the residential uses of the PUD and with the residential use of adjacent properties. Land set aside for public facilities such as schools, libraries, firehouses, and the like shall be excluded for the purposes of calculating the gross area of the PUD. The uses permitted in areas zoned as commercial or industrial districts shall be limited to those uses permitted in the district to which the property is zoned.
(2) Accessory uses. Accessory uses customarily incident to the residential uses included within the PUD are permitted. Accessory signs shall comply with the provisions of the residential districts except as hereafter provided for accessory commercial facilities may be included within the PUD in accordance with the following standards.
(a) The commercial uses shall be limited to convenience goods and services and eating places other than drive-ins.
(b) The aggregate floor area of the commercial facilities shall not exceed 50 square feet per dwelling unit nor a total of 30,000 square feet.
(c) Each commercial establishment shall be limited to a maximum of 3,500 square feet of floor area.
(d) Commercial signs shall be limited to one nameplate of not more than 16 square feet for each establishment. Nameplates shall be attached flat against a building wall and shall not be animated, flashing, or have other than indirect illumination. Window signs shall not be permitted.
(e) The commercial area shall be designed primarily for the service, convenience, and benefit of the residents of the PUD and shall be designed and located in such manner as to be compatible with the residential use of the PUD and of adjacent properties.
(Prior Code, § 18-60)
(D) Bulk and area requirements.
(1) Lot width and lot area minimums. Within a PUD, a minimum lot size requirement of 1,000 square feet shall apply to lots utilized for dwelling purposes. A minimum lot width requirement of 40 feet shall apply to lots utilized for dwelling purposes.
(2) Number of permitted dwelling units. It is the intent of this subchapter that the aggregate density and intensity of use within the PUD remain the same as that which would be permitted if the area were developed conventionally, and within the PUD, the permitted number of dwelling units may be reallocated irrespective of use district lines or lot lines.
(a) The maximum number of permitted dwelling units (DU) within a PUD shall be computed as follows: permitted DUs equal residential area of the PUD divided by the minimum land area per DUs permitted in the applicable use district.
(b) The residential area for the purposes of the above-described computation shall be the gross area of the PUD less the lot area or areas designated for and use other than dwellings, quasi-dwellings, residential open space, and recreation areas. Each 600 square feet of a quasi-dwelling, such as a care home, shall constitute a dwelling unit. If the PUD is within two or more use districts, the permitted density shall be the sum of the permitted dwelling units computed separately for the residential area within each district.
(3) Livability space. Livability space may be provided on a lot containing the dwelling unit or units on which computed or in common areas. Common livability space shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common livability space, as will ensure its continuity and conservation, shall be incorporated in the subdivision plat in compliance with the provisions of division (G)(5) below.
(4) Building height. Within a PUD, the maximum building height shall be established in the outline division (E) below.
(Prior Code, § 18-61)
(E) Perimeter requirements. The building setback from the exterior boundaries of the PUD shall not be less than the minimum yards customarily required for the district or districts in which located provided that, within 200 feet of any abutting property in an R-1 classification, structures containing more than two dwelling units and exceeding 15 feet in height (measured from the ground floor to the top of the top plate) shall be setback 25 feet plus two feet of setback for each one foot of building height exceeding 15 feet measured from the ground floor level to the top of the top plate. Unenclosed off-street parking areas containing six or more spaces shall be screened from adjoining R-1 Districts by the erection of a screening wall or fence along the lot line or lines in common with the R-1 District provided that if the parking area is located more than 50 feet from the R-1 District, the screening requirement shall not apply.
(Prior Code, § 18-62)
(F) Off-street parking and loading. Off-street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirement of § 154.049(E). Required spaces may be provided on the lot containing the dwelling units for which it is intended to serve or in common areas. Common parking area shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common parking space, as will ensure its continuity and conservation, shall be incorporated in the subdivision plat in compliance with the provisions of division (G) below.
(Prior Code, § 18-63)
(G) Administration of planned unit development.
(1) General. Any person, corporation, partnership, association, or combination thereof owning or possessing a property right or interest in or to a tract of not less than ten acres in size may make application for the approval of a PUD by filing an application for an Outline Development Plan and a supplemental zoning district designation PUD. An application for the approval of an Outline Development Plan and the supplemental district designation PUD may be processed simultaneously with and contingent upon an application for an amendment to the Zoning Map.
(2) Application and Outline Development Plans. An application for a planned development shall be filed with the Planning Commission. The application shall be accompanied by the payment of a required fee. Such fee shall not include advertising and sign costs, which shall be billed to the applicant. The application shall be in such form and content as the Planning Commission may, by resolution, establish provided that four copies of the Outline Development Plan shall accompany the filing of the application. The Outline Development Plan shall consist of maps and/or text which contain:
(a) Existing topographic character of the land;
(b) Proposed land uses including public uses and open space and the approximate location of buildings and other structures;
(c) The character and approximate density of dwellings. Density shall be expressed in number of dwelling units and quantitative area of each identifiable segment of the PUD;
(d) The approximate location of thoroughfares;
(e) Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses both existing and proposed;
(f) An explanation of the character of the planned development; and
(g) The expected schedule of development.
(3) Public hearing and Planning Commission action. The Planning Commission, upon the filing of an application for the supplemental district designation, PUD shall set the matter for public hearing and give a 20-day notice (as required by the state statute thereof) by publication in a newspaper of general circulation. Where deemed necessary by the Planning Commission, additional notice shall be given by the posting of a sign or signs on the property as set forth in §§ 154.040, 154.041, and 154.051. Within 60 days after the filing of an application, the Planning Commission shall conduct the public hearing and shall determine:
(a) Whether the PUD is consistent with the Comprehensive Plan;
(b) Whether the PUD harmonizes with the existing and expected development of surrounding areas;
(c) Whether the PUD is a unified treatment of the development possibilities of the project site; and
(d) Whether the PUD is consistent with the stated purposes and standards of this subchapter. When a supplemental district designation PUD is approved, the Planning Commission shall forward its recommendation, the application, and the Outline Development Plan to the Town Board for further hearing as provided in division (G)(4) below.
(4) Town Board action. Upon receipt of the application, Outline Development Plan, and Planning Commission recommendation, the Town Board shall hold a hearing, review the Outline Development Plan, and approve, disapprove, modify, or return the Outline Development Plan to the Planning Commission for further consideration. Upon approval, the Zoning Map shall be amended to reflect the supplemental designation PUD, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the Outline Development Plan.
(5) Planned unit development subdivision plat. A planned unit development subdivision plat shall be filed with the Planning Commission and shall be processed in accordance with the subdivision regulations and, in addition to the requirements of the subdivision regulations, shall include:
(a) Details as to the location of uses and street arrangement;
(b) Provisions for the ownership and maintenance of the common open space as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the Town Board; and
(c) Such covenants as will reasonably ensure the continued compliance with the approved Outline Development Plan. In order that the public interest may be protected, the town shall be made beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the town may enforce compliance therewith.
(6) Issuance of building permits. No building permits shall be issued on lands within the PUD except in accordance with the approved subdivision plat filed on record with the County Clerk. A building permit for a free-standing or separate commercial structure shall not be issued until building permits have been issued for at least one half of the number of dwelling units on which the authorization of the commercial use is based; provided, however, a PUD providing for more than 600 dwelling units the town must permit a portion of the proposed commercial development to be constructed prior to the construction of one half of the dwelling units where such improvements bear a reasonable relationship between the number of living units and the staging of commercial development and said relationship is so stated and contained in the approved Outline Development Plan.
(7) Amendments. Minor changes in the platted PUD may be authorized by the Planning Commission upon a review of a proposed amended subdivision plat incorporating such changes, so long as substantial compliance is maintained with the Outline Development Plan and the purposes and standards of the PUD provisions hereof. Changes which would represent a significant departure from the Outline Development Plan shall require formal abandonment and the subsequent filing of a new application for planned unit development.
(8) Abandonment of approved plat. All plats may be considered void if development is not begun within two years from the official recording date of the said plat with the County Clerk.
(Prior Code, § 18-64)