(A) Definition. For the purpose of this chapter, PLANNED DEVELOPMENT “PD” shall mean a development wherein, in accordance with an approved development plan, common open space is reserved, various housing types and other structures and uses may be mixed, and/or overall average density does not exceed the usual zoning district limit.
(B) Objectives. This section authorizes development of planned developments and establishes procedures in order to achieve the objectives enumerated at § 152.002 and the following additional objectives:
(1) To provide a regulatory mechanism whereby the village can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the issuance of the necessary zoning and subdivision permits.
(2) To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;
(3) To preserve the natural topography, scenic features, mature trees, and historic structures existing on sites proposed for development;
(4) To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;
(5) To ensure the provision of usable common open space in planned developments, and to spur installation of various amenities therein;
(6) To facilitate the economical installation of standard streets, sewers, utilities and other improvements.
(C) Compliance with provisions. Except as specifically provided otherwise in this section, planned developments, including all structures and uses therein, shall, at a minimum, be built in conformity with all applicable codes and ordinances including this chapter and Chapter 151, Subdivision Code.
(D) Districts where allowed. Planned developments may be built in any zoning district, but only upon the issuance of a special use permit by the Village Board after a hearing before the Zoning Board of Appeals. (See § 152.212(A))
(E) Permissible deviation from code requirements. The planned development concept is intended to afford both the developer and the village considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this section, Planned Developments may deviate from generally applicable code requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.
(1) Mixed uses. Planned developments may include all types of residential structures and any other uses approved by the Village Board, provided, that in approving such mixed uses, the Village Board may attach any conditions necessary to protect the public welfare.
(2) Lot and structure requirements. In Planned Development the Village Board may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the “PD” are appropriately interrelated and property abutting the “PD” is adequately protected from any potential adverse impacts of the development. LOT AND STRUCTURE REQUIREMENTS shall mean minimum individual lot area, width, and depth; minimum setbacks; and maximum structure height.
(3) Accessory uses. In “PD” the Village Board may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.
(4) Location of parking/loading spaces. By permission of the Village Board, off-street parking and loading spaces in planned developments need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per § 152.115 through 152.122.
(F) Procedures for planned developments.
(1) Required procedures. Every applicant for planned development approval shall comply with the procedural requirements of this section. The required procedures are as follows:
(a) Filing development plan with the Zoning Administrator;
(b) Provision by the developer of adequate assurance for the completion of required improvements as per the development plan;
(c) Public hearing by the Zoning Board of Appeals as per the requirements of § 152.212(A);
(d) Recommendation of the Zoning Board of Appeals regarding approval/rejection of the development plan.
(e) Approval/rejection by the Village Board.
(2) Application, required information. Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below:
(a) Written documents.
1. Legal description of the total site proposed for development;
2. Names and addresses of all owners of property within or adjacent to the proposed “PD.”
3. Statement of the planning objectives to be achieved by the “PD” through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
4. Development schedule indicating the approximate date when construction of the “PD” or stages of the “PD” can be expected to begin and be completed;
5. Statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the “PD”, such as land areas, dwelling units, and the like;
6. Data indicating total number and type of proposed dwelling units, gross and net acreage of parcel, acreage of gross and usable open space, and area of any commercial uses.
(b) Graphic materials.
1. Existing site conditions including contours at ten-foot intervals and locations of water courses, flood plains, unique natural features and wooded areas;
2. Proposed lot lines and plot designs;
3. Proposed location, size in square feet, and general appearance of all existing and proposed buildings (both residential and nonresidential) and other structures and facilities;
4. Location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;
5. Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership, public or private, should be included where appropriate);
6. Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;
7. Existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas and telephone lines;
8. General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;
9. Enough information on land areas adjacent to the proposed “PD” to indicate the relationships between the proposed development and existing and proposed adjacent areas;
10. Any additional information required by the village to evaluate the character and impact of the proposed “PD.”
(3) Criteria considered. The Zoning Board of Appeals shall compile a written report recommending acceptance or rejection of the development plan. In recommending what their decision should be, the Zoning Board of Appeals shall consider the following criteria:
(a) The extent to which the proposed development is consistent with the Comprehensive Plan and with the purposes of this chapter and of all other applicable codes and ordinances;
(b) The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including but not limited to, the use and lot and building regulations of the district), and the apparent merits (if any) of the deviations;
(c) Whether the proposed design of-the “PD” makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features, and so forth;
(d) The compatibility of the proposed “PD” with adjacent properties and surrounding area; and
(e) Any other reasonable criteria that the Zoning Board of Appeals may devise.
(4) Recommendation by Zoning Board. The Zoning Board of Appeals shall either recommend approval or disapproval of the Development Plan. The Zoning Board shall not recommend approval of any planned development plan unless:
(a) The developer has posted a performance bond or deposited funds in escrow in the amount the Village Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and
(b) The Village Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and
(c) The proposed “PD”, as evidenced by the development plan, complies with all applicable codes and ordinances. (Deviations to the extent permitted under division (E) of this section shall not be deemed noncompliance.)
(G) Changes in approved plans. No changes shall be made to any approved “PD” development plan except as follows:
(1) Minor changes if required by engineering or other circumstances not foreseen at the time the final development plan was approved.
(2) All other changes shall require a public hearing before the Zoning Board of Appeals.
(3) No approved change shall have any effect until it is recorded with the County Recorder of Deeds as an amendment to the recorded copy of the development plan. (See § 152.213 for final procedures).
(H) Failure to begin development. If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the development plan shall lapse upon written notice to the applicant from the Zoning Administrator and shall be of no further effect. However, in his discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction. If a final development plan lapses as per this section:
(1) The special use permit shall be automatically revoked;
(2) Any zoning permits shall automatically become null and void; and
(3) All regulations applicable before the “PD” was approved shall automatically be in full effect.
(I) Municipal exemption. In conjunction with any existing or proposed development, the village shall be exempt from all of the provisions of this section.
(Ord. 491, passed 6-16-86) Penalty, see § 152.999