(A) Minimum area. In order to be zoned for a PUD, the proposed PUD must contain a contiguous land area of at least ten acres in size. Land traversed by a dedicated public right-of-way shall be considered contiguous.
(B) Maximum density. The maximum density of any PUD shall not exceed the permitted densities of the underlying zoning district by more than one and one-half times. Densities shall be based on the gross area of the PUD. Where the underlying zoning districts have different density requirements, the proportional average shall be calculated and applied to the PUD.
(C) Minimum standards; underlying district and waiver. Unless specifically waived by the Village Board upon the recommendation of the Planning Commission, all regulations of the underlying zoning district prior to the PUD request relative to lot size, lot width, yard area, structure height, setback, accessory uses, signs, parking and loading, landscaping, general provisions, and other applicable regulations shall apply, except that in projects within an underlying residential district which contain mixed uses, the most restrictive district regulations within this subchapter under which each non-residential use would otherwise be permitted shall apply. Departures shall only be waived if it is demonstrated by the applicant that there are features or planning mechanisms designed into the project which would achieve the objectives of each of the regulations from which a departure is being requested.
(D) Design considerations. A proposed PUD shall take into account the following specific design considerations, as they are necessary to ensure compliance with all applicable regulations and to ensure the compliance of the project with adjoining properties and the general area where the property is located:
(1) Ingress and egress to property and proposed buildings and structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow, and control and access in case of fire or catastrophe;
(2) Off-street parking and loading where required, with particular reference to impacts of noise, glare, or odor on each use in the proposed PUD and adjacent land uses;
(3) Refuse and service areas;
(4) Utilities, with reference to locations, availability, and compatibility;
(5) Screening and buffering, with reference to type, dimensions, and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjoining properties, and properties, in the proposed PUD; and
(7) Required yards and other open spaces;
(a) General compatibility with adjoining properties, and properties, in the proposed PUD; and
(b) The purposes of this subchapter.
(E) Review standards. In making its recommendations or approvals, the Planning Commission and Village Council shall find that the proposed PUD meets the intent of the PUD District and the following standards.
(1) Granting of the PUD rezoning will result in a recognizable and substantial benefit to the ultimate users of the project and to the community where such benefit would otherwise be unfeasible, or unlikely to be achieved.
(2) In relation to underlying zoning, the proposed type and density of use shall not result in a material increase in the need for public services, facilities, and utilities, and shall not place a material burden upon the subject or surrounding land or property owners and occupants of the natural environment.
(3) The proposed development shall be compatible with the Master Plan of the village, and shall be consistent with the intent and spirit of this subchapter.
(4) The PUD shall not diminish the opportunity for surrounding property owners to develop and use their property as zoned.
(5) The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this subchapter. This provision shall not prohibit a transfer of ownership or control upon due notice to the Building Inspector.
(6) All zoning pursuant to this subchapter shall give due consideration to maintenance of reasonable conditions regarding the emission and transmission of injurious or obnoxious noise, vibrations, gas, smoke, dust, dirt, litter, odor, light glare, traffic congestion, ease of police and fire protection, drainage, lateral land support, blighting influence, effect on surrounding property values, light and air, overcrowding of persons, sanitation, surfaced and groundwater quality, water supply and sewage disposal, general appearance and character of the area, and other similar considerations which have an effect on the achievement of the purposes of this subchapter.
(Ord. passed 3-15-2016)