§ 159.109 PLANNED DEVELOPMENTS.
   (A)   A planned development is a use of land containing two or more buildings which offer benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this chapter or other law, and which use of land:
      (1)   Will contain or provide amenities not otherwise required by law, including but not limited to provisions for common space, recreational facilities, or specific design, engineering, architectural, site planning, or landscaping features;
      (2) Will establish yards or other open space greater than the minimums required by law, or will provide for bulk of structures and density of development less than the maximums permitted by law; or
      (3)   Will provide screening or other facilities which benefit neighborhood property or the public beyond those otherwise required by law.
   (B)   Standards and requirements.
      (1)   No planned development special use permit shall be approved unless and until there is on file with the village written consent of every property owner within such development at the time of approval of the permit agreeing that the applicant shall be bound by the conditions and regulations proposed and which will be effective in the development and to record such written agreements with the County Recorder of Deeds.
      (2)   Before detailed studies of any planned development shall be undertaken by the village administrative staff of Planning, Zoning and Development Commission there shall be on file with the village the written consent of all property owners within the development boundaries that such detailed studies be made.
   (C)   Use exceptions. In the case of residential, business, or manufacturing planned developments, the Planning. Zoning and Development Commission may recommend, and the Board of Trustees may authorize, that there be in part of the area of such development and for the duration of such development, specified uses not permitted by the use, regulations of the district in which said development is located, provided the Planning, Zoning and Development Commission shall find:
      (1)   That the uses permitted by such exception 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 they exercise a detrimental influence on the surrounding neighborhood;
      (3)   That not more than 10% of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception;
      (4)   That in a manufacturing planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located, as set forth in §§ 159.070 and 159.071.
      (5)   That the use exceptions as allowed are recorded on the zoning districts maps by appropriate symbols or by reference to documents on file with the Village Clerk; and
      (6)   Where the planned development is to be located in a residential district, no use exception shall be allowed unless the size of the planned development exceeds 20 acres.
   (D)   Bulk regulations. In the case of any planned development, the Planning, Zoning and Development Commission may recommend, and the Board of Trustees may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of such development, provided that the Planning, Zoning and Development Commission shall find:
      (1)   That such exception shall be solely for the purpose of promoting an integrated site plan 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;
      (2)   That the overall floor area of a planned development would not exceed the maximum floor area which would be determined on the basis of the floor area ratio required for the individual uses in such planned developments;
      (3)   That the total number of dwelling units shall not be increased above the number which would be permitted under the otherwise applicable district regulations;
      (4)   That spacing between principal buildings shall be consistent with recognized site planning principles, due consideration being given to the openness normally afforded by intervening streets and alleys;
      (5)   That along the periphery of such planned developments yards shall be provided as required by the regulations of the district in which said development is located; and
      (6)   That public streets will be dedicated and improved, in accordance with the village standards, as required for proper circulation of traffic, consistent with the major Street Plan of the village. If under Chapter 156, the development of the property on separate zoning lots would require the dedication of street rights- of-way the area which would be so dedicated, even though not dedicated in the proposed planned development, shall be subtracted from the area of the planned development site in determining the floor area and number of units allowable under division (D)(2) and (3) of this section.
(Ord. 77-03, passed 1-19-77; Am. Ord. 95-06, passed 4-10-95) Penalty, see § 159.999