(A) Intent. Planned Residential Unit Development District (PUD) regulations are intended to permit greater flexibility and, consequently, more creative and imaginative design for residential and business development of a site than is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of amenities, and preservation of the natural qualities of open spaces. The planned development procedure requires a high degree of cooperation between the developer and the village. The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the village with assurances that the project will retain the character envisioned at the time of approval.
(B) General provisions. The Plan Commission may recommend and the Village Board may, upon the request of the owners, establish planned development overlay districts which will, over a period of time, tend to promote the maximum benefit from coordinated area site planning by permitting the diversified location of structures and mixed dwelling and business types and compatible uses.
(1) Permitted uses. Permitted and accessory uses in the PUD shall be the same as those permitted in the underlying existing zoning district in which the PUD is located. If a developer desires uses different than those permitted by the existing zoning, the developer must simultaneously petition for rezoning of the underlying existing zoning to a zoning district which allows the desired uses.
(2) Mixed uses. A mix of different residential and business uses within a Planned Unit Development District may be permitted if the Plan Commission and the Village Board determine that the mix of uses is compatible and necessary to achieve the objectives of the PUD.
(3) Number of buildings on a lot. The Planned Unit Development may allow more than one residential or business building on a lot.
(4) Density. The Planned Unit Development District may permit the transfer of density from one portion of the subject site to another and will permit the clustering of buildings in one or more locations within the total site. However, the density of use shall not exceed the density permitted in the underlying existing zoning district or districts. In the event a portion of the development is zoned floodplain, up to 10% of total area for determining density may be flood fringe. No wetland areas may be used for density purposes.
(5) Minimum area for a Planned Unit Development District. Planned Unit Development Districts are intended to provide flexibility to encourage more creative design for all sizes of site that would be allowed under conventional zoning. To achieve this goal, the minimum site size shall be determined by the Plan Commission on a case-by-case basis.
(6) Setbacks. Front, side, and rear setbacks abutting the perimeter of the PUD shall comply with the underlying zoning.
(7) Building requirements. The building regulations of the underlying zoning shall be applicable for all developers.
(8) Temporary uses. Real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure.
(C) Application procedure and requirement information.
(1) Preliminary consultation. An applicant may meet with the Plan Commission and appropriate village staff members for a preliminary consultation prior to formally submitting a rezoning petition for planned development zoning. The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.
(2) Rezoning petition and general development plan. The applicant shall submit a zoning petition in accordance with the application procedure described in § 155.39. In addition to the required information noted in § 155.39, a general development plan shall be submitted to the Plan Commission and the Village Board for review 30 business days prior to any rezoning hearing. The general development plan shall show the locations of buildings, common open space, parking and drive areas, recreation facilities, principal landscaping features and other major components of the proposed project.
(3) Other information. In addition, other documents or related information or plans showing the architectural designs of buildings may be required by the Plan Commission and the Village Board. This information shall also be submitted to the Plan Commission and the Village Board for review at least 30 business days prior to any rezoning hearing. Other related information may include, but is not limited to, maintenance standards, plans of operation and economic impact and market feasibility.
(D) Public inspection. The general development plan and related information shall be available for public inspection prior to any rezoning hearing on the proposed project.
(E) Conditions and restrictions.
(1) The Plan Commission may recommend and the Village Board may adopt, by resolution, conditions and restrictions for planned developments that specify permitted uses, set bulk regulations and density standards for lot coverage and dwelling unit size and distribution and yard setbacks.
(2) Conditions and restrictions adopted to govern any planned development may include nonstandard or non-uniform requirements, regulations and provisions recommended by Plan Commission and approved by the Village Board. Such nonstandard requirements, regulations and provisions shall be designed to insure proper development and appropriate operation and maintenance of specific developments on specific sites.
(3) Developers shall agree, by a developer's agreement, with the village to comply with all applicable laws and regulations, including any conditions and restrictions adopted to regulate a specific planned development.
(F) Detailed plans and information. After Planned Unit Development District zoning has been granted and the general development plan, together with conditions imposed, as been approved, detailed site plans and information covering that portion of the total project which is intended for construction shall be submitted to the Plan Commission for approval prior to the issuance of building permits. The detailed plans and information shall conform substantially to the general development plan to the resolution of conditions and restrictions which were approved at the time of rezoning.
(G) Architectural review. Building plans shall also be subject to architectural review by the Plan Commission for their review and approval prior to the issuance of a building permit. See § 155.31.
(H) Commencement of project.
(1) After the Plan Commission has approved the detailed site plans, construction of private and public construction may commence in accordance with § 153.098.
(2) No building permit for residences shall be issued until all applicable fees and assessments required in division (K) below and § 153.016 have been paid and either all public and private construction has been completed and approved for a developer's agreement, including a letter of credit, has been approved by the Village Board. For staged development such developers' agreements shall provide for the construction of improvements and the use of common areas outside of the subject stage.
(3) After the Plan Commission has approved the plans, the project shall be commenced within one year unless the time is extended in writing by the Commission. In the event the project is not so timely commenced, the approval of the Commission shall be deemed to be automatically revoked.
(I) Maintenance of project.
(1) Should the owner of a planned development, or the condominium owners association in the event a condominium is created, fail to properly operate or maintain the premises as provided in the plan or to the extent that a nuisance is caused to occupants or neighbors, the Plan Commission may refuse to approve subsequent stages of development until such time as they determine that the situation and/or the method of operation has been corrected.
(2) Should the owner of a planned development or condominium owners or homeowners or business association fail to adequately perform maintenance functions such as snow and ice removal, weed cutting or trash disposal, the village shall have the right to perform such functions or to contract for their accomplishment at the property owner's expense.
(J) Changes or revisions.
(1) All proposed changes, revisions and additions to any aspect of an approved planned development project shall be submitted to the Plan Commission for its review. The Plan Commission shall determine if the change, revision or addition is minor or if it materially affects the intended design of the project and the impact of the project on neighboring uses.
(2) If the change is determined to be minor, the Plan Commission shall review the request and pass its findings to the Village Board, which may approve the change without a public hearing. The Plan Commission's decision on minor changes shall be rendered at a meeting subsequent to the meeting at which the requested change was initially presented to the Plan Commission.
(3) If the requested change is determined by the Plan Commission to be substantial because of its effect on the intended design of the project or on neighboring uses, a public hearing shall be held by the Plan Commission to review and pass its findings to the Village Board for final approval.
(K) Application of the Subdivision and Platting Code. To the extent applicable, any planned development shall be subject to the procedures and regulations of Chapter 153 governing the division and platting of land. However, the design standards and required improvements established in Chapter 153 may be modified or waived upon recommendation by the Plan Commission and approved by the Village Board where strict compliance would result in not achieving the design flexibility necessary to achieve the objectives of the planned development.
(L) Fees. The developer shall pay to the Village all fees and all professional expenditures incurred by the village at the time specified for both the General PUD plan review and the Detailed PUD plan review as provided in § 36.04. The professional fees the developer shall reimburse the village for include all engineering, planning, and legal fees incurred by the village. The village shall bill the developer monthly and payment shall be made in ten days from billing.
(Ord. 03-2016, passed 7-14-2016; Ord. 03-2019, passed 2-14-2019)