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A. Except as provided for in subsection 13-15-5E of this chapter, no new commercial, office, or mixed use development construction within the planned development overlay district shall be permitted except as approved as a planned development in accordance with this chapter; provided, however, that a stand alone project for construction of outdoor dining facilities or for drive-through facilities will not require a planned development under this chapter.
B. Each planned development shall be presented and reviewed on its own merits. It shall not be sufficient justification for approval of a planned development to rely on an already existing planned development, except to the extent that the existing planned development and the proposed planned development are part of an approved unified, phased, or master development plan.
C. The burden of providing evidence and persuasion that any planned development is necessary and desirable shall in every case rest with the applicant.
D. Buildings and uses or combinations of uses within a planned development shall be limited solely to those approved as part of the ordinance granting a planned development; provided, however, that any buildings and uses or combinations of uses in compliance with a unified, phased, or master development plan approved as part of the ordinance granting a planned development may be approved by the corporate authorities.
E. To the extent provided in the ordinance approving a proposed planned development, the proposed planned development need not comply with the density, dimension, area, bulk, use, and other zoning regulations that, but for the provisions of this chapter, would otherwise apply to the property on which the proposed planned development is intended. Modifications and departures from the standard zoning provisions may be provided in accordance with the provisions of this chapter and to the extent that they will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. (Ord. G-890, 7-14-2009; Ord. G-904, 11-10-2009)