(A) Purpose. Planned unit developments are special uses of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the recommendations of the Planning and Zoning Commission and the action of the City Council.
(B) Standards and exceptions.
(1) General standards. A planned unit development shall conform to the following standards:
(a) The number of dwelling units erected shall not exceed the number permitted by the regulations of the district in which it is located, unless an exception is permitted as provided in division (B)(2) of this section.
(b) The yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of thedistrict in which it is located unless an exception is permitted as provided in division (B)(2) of this section.
(c) If more intensive uses are granted than are permitted by the district regulations (i.e., uses other than those for which the district is zoned, such as: B-3 General Retail District usage in an R-3 Multiple Family District), there must be clear evidence that such uses are needed to serve the development, and the Planning and Zoning Commission shall find:
1. That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the development;
2. That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the development or on the surrounding neighborhood;
3. That, except in the M-U Mixed Use District, not more than 15% of the gross land area of residential planned unit developments is devoted to the uses permitted by the exception;
4. That the use exceptions so allowed are established by ordinances on file in the office of the City Clerk.
(d) The number of off-street parking spaces must meet the requirements set forth in § 156.103, unless an exception thereto is granted as provided in division (B)(2) of this section or permitted shared or valet parking is provided. The City Council may require more off-street parking than is otherwise required by this chapter.
(e) If any open space or recreational facility is to be used solely by the residents or occupants of the development, a Declaration of Restrictions and Covenants, to be approved by the city attorney, shall be recorded to provide for assessments against the property within the development so that such facilities can be properly improved, maintained and operated.
(f) All new utilities within the limits of a planned unit development shall be underground. All existing utilities shall be relocated underground unless an exception is permitted as provided in division (B)(2) of this section. Appurtenances to utility systems may be excepted from this requirement if the City Council finds that such appurtenances can be effectively screened and that such exception will not violate the intent or character of the development.
(g) In the event the owner shall include dwellings under §§ 235 or 236 of the National Housing Act (12 U.S.C. §§ 17151(d)(3), 1715v(c)(3), 1715z, 1715z-1) or similar acts providing for low or moderate income housing or housing for the elderly, or any act or section which may supersede them, those units shall be equally distributed throughout the development and shall further conform to the following requirements:
1. There shall be no less than 8% of such units and no more than 12% of such units in the development.
2. All support facilities for such units shall be equal to all other units in the development, and the total area required for the planned unit development shall be reduced by an amount equal to 12% of the total lot area for units receiving assistance in financing.
(h) Standards for public improvements shall be governed by the applicable ordinances and laws of the city.
(2) Bulk regulations exceptions. The Planning and Zoning Commission may recommend, and the City Council may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of a planned unit development, provided that the Planning and Zoning Commission shall find:
(a) That such exception shall be solely for the purpose of encouraging a desirable living, working and playing environment no less beneficial to the residents or occupants of such development, as well as of neighboring properties, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots.
(b) That the minimum open space in a residential planned unit development shall be not less than 30% in the residential zoning districts.
(c) That no building shall exceed seven stories or 75 feet, whichever is less.
(d) That the planned unit developments shall not be located on parcels of land less than two acres in size; provided, however, that a government planned unit development may be located on parcels of land less than two acres but no less than one acre in size. A government planned unit development shall be no less than 50% owned, operated or leased for lawful public purposes within the powers of a division or agency of the United States, any state thereof, or any county, municipality or other entity with powers granted unto it under the laws of the State of Illinois.
(e) That other bulk standards for a planned unit development shall meet the standards of the residential or business zoning district(s) most similar in nature and function to the proposed planned unit development, as determined by the City Council. However, in regard to developments containing residential uses:
1. In no event shall the floor area ratio exceed more than 15% over that prescribed in this chapter for the district in which it is located.
2. In no event shall the minimum square footage per dwelling unit requirements applicable to such districts be decreased by more than 15%, and such exception shall be granted only if one parking space per dwelling unit is provided either underground or within the building proper.
(f) Exceptions to the standards of this chapter may be granted by the City Council if it finds that such exceptions are warranted based upon the total proposed development in accordance with the standards for special uses.
(C) Preliminary and final approval.
(1) Preliminary approval.
(a) The designation of certain property as a special use for a planned unit development and approval of preliminary development plans for such planned unit development, by ordinance approved by the City Council, shall be valid for two years, during which time the applicant shall obtain City Council approval of a final plan for the planned unit development or of certain phases thereof. Upon written application, extensions of not to exceed one year for each extension authorized may be granted by the City Council.
(b) The ordinance designating property as a planned unit development and approving a preliminary development plan shall be recorded with the DuPage County Recorder of Deeds.
(2) Final approval.
(a) An applicant for a planned unit development may file for final approval, including designation of certain property as a special use for a planned unit development and approval of final development plans for such planned unit development, without first applying for preliminary approval.
(b) The procedure for securing final approval shall be the same as in division (B)(1) of this section, but the plans shall be in more specific detail, and final approval may be granted for all or only certain phases of development.
(c) Final approval for all or any phase of a planned unit development delineated in the schedule of construction approved by the City Council, shall be valid for one year; provided that extensions of not to exceed one year for each extension authorized may be granted by the City Council upon a request made in writing prior to the expiration of the previous time limit.
(d) The ordinance granting final approval of a planned unit development, any phase thereof, or any subsequent change or modification thereto, shall constitute and be deemed, as a matter of law, to be the agreement of the property owner, and its successors and assigns, that the development will be carried out in substantial compliance with the approved final development plan, or any change or modification thereto, including the terms and conditions of approval of the ordinance approving such plan, and within the time schedule approved by the City Council.
(e) If the final development plan submitted, for all or any phase of a planned unit development, substantially conforms with the preliminary development plan approved by the City Council, such plan shall be recommended for approval by the Planning and Zoning Commission and shall be approved by the City Council.
(f) The ordinance designating property as a planned unit development and approving a final development plan for all or any phase of the planned unit development shall be recorded with the DuPage County Recorder of Deeds.
(3) Permits. Permits shall be issued for planned unit developments in accordance with the following:
(a) Issuance. Upon City Council approval of the final development plan for all or any phase of a planned unit development, the Director of Community and Economic Development may issue the necessary permits for all or for such phase thereof as have received final approval.
(b) Time limit. If no construction has been started under permits issued within one year from the date of approval of the final development plan for all or any approved phase of the development, and no extension to such time limit has been requested by the petitioner and granted by the City Council, the development shall be deemed abandoned, the approval of the final development plan shall be deemed null and void and the development shall not proceed to construction. Any further proposed plans for the development of the property shall require proceedings for consideration by the Planning and Zoning Commission and approval by the City Council, and the appropriate application fees for a planned unit development shall be charged for such proceedings.
(c) As-built plans. Upon completion of all construction and final inspection of all improvements in the planned unit development or any approved phases thereof, and prior to issuance of any certificate of occupancy, an as-built site plan, landscape plan and topographical survey shall be provided as evidence of compliance with all approved plans.
(4) Changes and modifications.
(a) Any substantial changes or modifications of the final development plan shall be submitted to the Planning and Zoning Commission and the City Council for review and approval. The application procedures shall be as for a preliminary approval of a planned unit development. A substantial change shall include, but not be limited to, any change that would modify the location of a building or structure or add an additional accessory structure, or any other change to the final plan, if such change would require an exception from any requirements of this chapter; would alter the character and aesthetics if the development, including building materials and the required landscaping points, or would have an adverse impact on surrounding properties. A modification of the location of a building or structure, and addition of an accessory building or structure, or any other change to the final plan, shall be deemed an insubstantial change if such change does not require any additional exceptions, does not change the character and aesthetics of the development, including building materials and the required landscaping points, and does not cause any adverse impact on surrounding properties. An insubstantial change may be authorized by the Director of Community and Economic Development pursuant to a required permit.
(b) Permits shall not be issued by the Director of Community and Economic Development for construction involving a proposed change or modification to a planned unit development until the procedures set forth in division (B)(4)(a) have been completed.
(c) Any ordinance approving changes or modifications to a final development plan shall be on file with the City Clerk, and shall be recorded with the DuPage County Recorder of Deeds.
(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22)