§ 153.084 EXCEPTIONS FROM DISTRICT REGULATIONS.
   (A)   The Planning and Zoning Commission may recommend and the Village Board may grant exceptions to the district bulk regulations where a planned unit development is located. The planned unit development is subject to the underlying district regulations unless such exception is specifically granted. Exceptions from district regulations may be granted for planned unit developments, if the Village Board finds that such exceptions meet all of the following standards:
      (1)   Enhance the overall merit of the planned unit development.
      (2)   Promote the objectives of both the village and the development.
      (3)   Enhance the quality of the design of the structures and the site plan.
      (4)   Enable the development to offer environmental and pedestrian amenities.
      (5)   Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.
      (6)   Are compatible with the land use policies of the village’s Comprehensive Plan.
      (7)   Provide a public benefit to the village, as described in division (D) below.
   (B)   The planned unit development is subject to the underlying district use regulations. However, the Planning and Zoning Commission may recommend and the Village Board may permit uses other than those allowed within the district when it is determined by the Village Board to be desirable in achieving the objectives of the planned unit development, except within the residential districts. No use exceptions are permitted in the residential districts. There must be clear evidence that such uses are desirable and appropriate with respect to the primary purpose of the development, and are not of such a nature, or so located, as to exercise a detrimental influence on the development or the surrounding neighborhood.
   (C)   The underlying zoning district requirements shall apply, unless an exception is granted by ordinance as part of the approved special use. Exceptions to district regulations may be granted where it is determined that such modifications shall not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic. To be granted such exceptions, the applicant must demonstrate superior design and enhanced amenities. In no case shall an exception to district regulations within a planned unit development be granted unless the applicant demonstrates a substantial benefit to the village.
   (D)   The following design characteristics and amenities are provided as a guide for consideration as to whether to grant an exception to district requirements. The following items are a guide and not an exclusive list of requirements. Additional design characteristics and amenities not listed may be considered as part of the approval process.
      (1)   Landscaping, buffering or screening within or around the perimeter of the planned unit development that is in addition to the minimum required by this chapter.
      (2)   The provision of underground parking, and additional landscaping and screening of parking lots and structures in addition to the minimum required by this chapter.
      (3)   Reduced use of impervious surface materials, including cluster development and use of semi-pervious materials such as pervious pavers and grass-crete.
      (4)   Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities.
      (5)   Preservation of environmental features.
      (6)   Open space and recreational amenities such as:
         (a)   Swimming pools.
         (b)   Tennis courts.
         (c)   Recreational open space accessory buildings.
         (d)   Jogging trails and fitness courses.
         (e)   Playgrounds.
         (f)   Natural water features and conservation areas.
         (g)   Detention areas which are accessible to occupants or the public via nature trails, boardwalks, and/or perimeter walkways, but only if they are designed as natural water features and are landscaped with native vegetation.
      (7)   Additional public infrastructure improvements in addition to the minimum required by the planned unit development, such as new or repaved streets, installation of gutters and sewers, and traffic control devices to improve traffic flow.
      (8)   Senior housing set-aside.
      (9)   Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)