(a) Minimum Lot Size and Zoning Requirements. Lot area, width, setbacks, height, lot coverage, minimum floor area, parking, landscaping, lighting, and other requirements for the district specified in the following table for the proposed use shall apply to all such uses within a Planned Unit Development, unless modified in accordance with the provisions of Section 1181.04 (c). Within a PUD, the minimum buffer requirements specified in Chapter 1175, between uses shall not apply; provided, the Planning Commission or Village Council may require separation or buffering of uses as a condition of preliminary plan approval.
(b) Modification of Minimum Requirements. Regulations applicable to a land use in the Planned Unit Development district may be altered from the requirements specified in Table 1181.03 (b), including the following: modification from the lot area and width, building setbacks, height, lot coverage, signs, and parking. However, a reduction in lot size shall not result in an increase in the number of dwellings otherwise permitted by the applicable zoning district. Land gained by the reduction in lot sizes shall be added to the open space required within the PUD. The applicant for a Planned Unit Development shall identify, in writing, all proposed deviations from the zoning district requirements. Modifications may be approved by the Village Council during the preliminary development plan review stage, after Planning Commission recommendation. Adjustments to the minimum requirements may be permitted only if they will result in a higher quality and more sustainable development, consistent with the purpose of the Planned Unit Development district, as expressed in Section 1181.01.
(c) Density Bonus. In addition to the modification of minimum requirements permitted in Section 1181.04 (b), the Planning Commission may permit an increase in the total number of residential units otherwise allowed within a Planned Unit Development, according to the requirements in Table 1181.04(g). The Planning Commission may grant a density bonus up to twenty-five percent (25%) if the proposal meets all of the applicable criteria described below and where it is demonstrated that:
(1) The appearance and construction will result in a development of high quality, as evidenced by the innovative design and use of building materials such as stone, masonry, wood and hardie- plank, but not including vinyl; and
(2) Dedicated common open space is provided in excess of the minimum required, per Section 1181.04(d).
(3) At least two of the following will be included within the development:
A. Amenities, beyond the minimum required open space, will be provided to create a more sustainable community and desirable living environment.
B. Significant natural features, including stands of mature trees, will be preserved and/or substantial landscaping beyond the minimum requirements will be incorporated into the development.
C. Decorative pavers or similar aesthetic enhancements will be incorporated into the vehicular and pedestrian circulation system.
D. A mixed use of residential and commercial and/or office component is proposed within the PUD.
(d) Common Open Space. For purposes of the Planned Unit Development requirements, "common open space" is defined as an area of land or water, or a combination of land and water, designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational, or cultural uses. A variety of open space and recreational areas is encouraged such as: children's informal play areas in close proximity to neighborhoods or dwelling unit clusters; formal parks, picnic- areas and playgrounds; pathways and trails; scenic open areas and communal, noncommercial recreation facilities; and natural conservation areas. At a minimum, the following regulations shall apply to all common open space within a Planned Unit Development.
(1) The area of common open space shall not be less than twenty-five percent (25%) of the total land area of a Planned Unit Development containing only residential units. Not less than twenty percent (20%) of the total land area of a Planned Unit Development containing only non-residential units. The area of common open space requirement for mixed use Planned Unit Developments will be determined by the Planning Commission. Land dedicated for recreation use, in accordance with Section 1181.04(d)(3), shall count toward the common open space requirement.
(2) All common open space shown on the final development plan must be reserved or dedicated by conveyance of title to a corporation, association, or other legal entity, by means of a restrictive covenant, easement or through other legal instrument. The terms of such legal instrument must include provisions guaranteeing the continued use in perpetuity of such open space for the purposes intended and for continuity of proper maintenance of those portions of the open space requiring maintenance.
(3) The open space shall meet the following minimum dimensions, contiguity, and connectivity requirements:
A. The required open space shall be centrally located, established along the street frontage of the development to protect or enhance views, located to preserve significant natural features, adjacent to dwellings, and/or located to interconnect other open spaces throughout the development or on contiguous properties.
B. Required open space areas shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of these regulations and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.
C. If the site contains a lake, stream or other body of water, the Village may require that a portion of the required open space shall abut the body of water.
D. Open space shall be sufficiently aggregated to create large useable areas of planned open space. All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents, visitors, and other users of the development. The minimum size of any individual open space area shall be sufficient to achieve the visual and functional intent of the open space provisions and not simply be a remnant piece of land; and, further provided, that the Planning Commission, may approve other open space areas designed and established as pedestrian or bicycle paths or are otherwise determined to be open space reasonably usable by residents, visitors, and other users of the development.
E. Open space areas are encouraged to be linked with adjacent open spaces, public parks, bicycle paths, or pedestrian paths.
F. Grading in the open space shall be minimal, with the intent to preserve existing topography, trees, and other natural features, where practical.
G. A sign, structure, or building may be erected within the required open space if it is determined to be accessory to a recreation or conservation use or an entryway. These accessory structure(s) or building(s) shall not exceed, in the aggregate, five percent (5%) of the open space area. Accessory structures or uses of a significantly different scale or character than present in abutting residential districts shall not be located near the boundary of the development if they may negatively impact the residential use of adjacent lands. Pathways or sidewalks shall be exempt from this limitation.
H. The following areas shall not qualify as required common open space for the purposes of this section.
1. The area within any public street right-of-way.
2. The area within private road easements.
3. The area within a subdivision lot.
4. Land within any required yard or setback area.
5. Parking and loading areas.
6. Fifty percent (50%) of any steep slopes (twelve percent (12%) or over).
7. Seventy-five percent (75%) of any lake, stream, detention pond, or floodplain that is not generally accessible within the development. Accessible shall mean that the feature is bordered by a substantial open space area, park, playground, pathway, or reasonable means of access for enjoyment of all owners, visitors, or others, which will be determined and approved by the Planning Commission.
8. Fifty percent of the area of any golf course.
9. Public utility and similar easements and rights-of-way, unless such land and rights-of-way are to be used for trail or other public purposes. Alternative systems of providing common open space must be specifically approved by the Planning Commission.
10. Wetland areas in a Planned Unit Development.
(e) Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the Planned Unit Development and along all perimeter streets to ensure connectivity between uses and adjacent properties. Pathways and sidewalks shall be constructed in accordance with the Village design standards.
(f) Minimum Dimensions. Within a Residential Planned Unit Development District, the minimum front setback will be determined for each street by the zoning district in which the development is located. The setback should be varied among adjacent lots by at least five feet. No more than one- third of the lots within the subdivision may employ the minimum setback line, and the varied setbacks should be reasonably dispersed throughout the subdivision. The Planning Commission has the discretion to waive or modify this requirement within PUD zoned areas provided it determines such action is warranted to maintain a desired development style or design.
(1) Variation in lot width shall be required for all residential subdivisions with more than eight lots, including those within Planned Unit Development Districts. No more than six lots in a row may have the same lot width. There must be a minimum variation of five (5) feet. Lots of varying width must be dispersed throughout the subdivision. No more than fifty percent (50%) of the lots contained within the preliminary plat shall be of the minimum width. When all of the lots within a development are seventy (70) feet or wider, then the varied lot width requirement shall not apply. The Planning Commission has the discretion to waive or modify this requirement within PUD zoned areas provided it determines such action is warranted to maintain a desired development style or design.
(2) The minimum distance between single-family detached dwellings shall not be less than fourteen (14)feet to any other main dwelling.
(3) The minimum distance between dwelling and side lot line is five (5) feet.
(g) Maximum Density.
(1) Three units per acre if the development is exclusively single family. (Excludes attached single-family dwellings).
(2) Five units per acre if the development is a mix of residential single family and multi-family types.
(3) Seven units per acre if the development is a mix of residential single family, multi-family, and commercial types.
(4) Nine units per acre if the development is exclusively multi-family.
(h) Arrangement of Use Areas.
(1) Buildings and uses within the proposed development shall be located to reduce any adverse influences and to protect and enhance the character of areas adjacent to the development.
(2) Whenever a proposed development includes areas of a higher intensity than that permitted in adjacent areas, the location and arrangement of use areas shall include appropriate buffers, open spaces, setbacks, or other transitional areas to ensure compatibility with the lower intensity areas.
(3) Buildings, structures, and parking areas shall be designed and located within the PUD in ways that conserve environmentally sensitive or unique natural, historic, or cultural features, and minimize environmental impacts.
(4) When commercial, office or industrial uses are being proposed, such buildings and establishments shall be planned to have shared common parking areas and common ingress and egress points in order to reduce the number of potential conflict points.
(5) All areas designed for future expansion or not intended for immediate improvements of development shall be landscaped or otherwise maintained in a neat and orderly manner as may be specified by the Planning Commission.
(i) Landscaping, Screening, and Buffering.
A. The pattern of landscaping shall be coordinated in design and type of materials, mounding and fencing used. Landscaping may vary in density, spacing and other treatments to reflect variations of topography, existing landscape, or land uses.
B. Privacy for residential buildings shall be maintained using landscaping, screening, and buffering.
C. Appropriate buffer zones with adequate landscaping shall be provided between the proposed development and adjacent areas.
D. Alternative design approaches to meet the intent of the landscape regulations may be incorporated.
E. Development sites that lack natural trees or various topography, are encouraged to creatively add these types of features.
(j) Protection of Natural Features.
(1) A riparian buffer shall be provided along the entire length and on both sides of a river or perennial stream channel. A buffer area not less than twenty (20) feet in width measured from the edge of the delineated bank of a river or perennial stream shall be provided along the entire length of waterway. Walkways may be permitted to be located within riparian buffers when the Planning and Zoning Commission determines that such will create minimal change to the riparian buffer.
(2) Wetlands that are to be retained in their natural state within the PUD shall be protected. A buffer area not less than twenty (20) feet in width measured from the edge of the delineated wetland shall be provided along the entire perimeter of the designated wetland. The buffer area shall not be disturbed and shall be retained in its natural state. Minimum building and pavement setbacks to protect such wetlands and buffer areas shall be established and shall be measured from the edge of such wetlands.
(k) Pedestrian Circulation Systems.
(1) A pedestrian circulation system shall be included and designed to provide convenient and safe pedestrian access throughout the PUD, and to connect to neighboring developments and community facilities. The pedestrian circulation system may include sidewalks and other walkways not located along streets. Trails with public right of passage should be incorporated in the pedestrian circulation system.
(2) Bike paths and other trail systems. Trail systems for bikes and other purposes shall be included and designed in accordance with the City's plan for bike paths. Such trail system shall have a minimum width of eight (8) feet and be properly buffered from any adjacent residential areas.
(l) Street Design and Vehicular Circulation.
(1) The proposed vehicular circulation system shall provide adequate connections to the existing street network.
(2) The area of the project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement and access.
(3) Street alignments should be designed to conserve natural features and minimize the need tor cut and fill practices.
(4) The function of adjacent thoroughfares shall be maintained by limiting access points to the minimum needed, relating them to existing access points, the street patterns on surrounding development, the Thoroughfare Plan, and the intensity of proposed uses.
(5) Private streets as a common easement may be used to provide access to clustered lots and/or structures.
(6) Street lighting and street signs shall be adequate for safety and security.
(Ord. 29-2023. Passed 10-23-23.)