In addition to the standards generally applicable to conditional uses, as provided in this Article XXI herein, no planned unit development shall be approved unless the Zoning, Planning and Appeals Commission shall also find:
(A) That said planned unit development conforms with the intent and specific proposals of the Master Plan.
(B) That the planned unit development will be on a tract of land under common ownership or control. Furthermore, no tract of land located in a residential zoning district shall be considered for a conditional use in the nature of a planned unit development, unless it contains two or more contiguous acres; and no tract of land located in a commercial zoning district shall be considered for a conditional use in the nature of a planned unit development, unless the development shall contain at least 100,000 square feet of gross floor area.
(1) Such common ownership or control shall extend to all common open space, landscaping, exterior maintenance and all other exterior common area aspects of the development for a period of not less than 20 years.
(2) Said common ownership or control shall extend to all portions of the planned unit development for a period of not less than 18 months following the completion of all bonded improvements, common area improvements, and the developer's relinquishing its control of any and all owners associations.
(3) Common ownership or control as required herein shall mean unity of ownership or legal authority to act on behalf of all owners which shall be evidenced by deed, declaration, contract, management agreement or other written guarantee.
(C) That the uses permitted in the planned unit development shall be compatible to each other and with existing land use in the surrounding area. Uses shall be deemed compatible if they are authorized by the underlying zoning district within which the planned unit development will lie and are so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected and such uses will not cause appreciable injury or damage to other property in the area.
(D) That the planned unit development will be responsive to a demonstrated need within the community.
(E) That the maximum height permitted in the planned unit development, exclusive of steeples, belfries, spires, chimneys, smoke stacks, cooling towers, elevator bulkheads, parapet walls, and building equipment penthouses shall not exceed the maximum height permitted for the zoning district in which the development is located.
(1) Provided such buildings do not exceed 35 feet in height, the minimum horizontal distance between buildings (including their appurtenances) of one story, two stories, three stories, or combinations thereof, shall not be less than 15 feet.
(2) In the case of buildings exceeding 35 feet in height, the space between buildings shall be equal to the height of the tallest building from which the measurement is taken.
(F) That the required yards along the periphery of the planned unit development shall be at least equal in width or depth to the greater of the required yard in the underlying zoning district in which the planned unit development is located, the required yard for real property adjacent to the planned unit development, or a distance not less than the height of the closest building located in the planned unit development to such yard — unless such planned unit development is located adjacent to real estate owned by the Illinois Toll Highway Authority, in which event the yard adjacent to such real estate shall be 50 feet.
(G) That residential density of the planned unit development shall not exceed in number of dwelling units the maximum number of lots that could be achieved through a conventional subdivision of the site as demonstrated by the subdivision sketch plan. It is understood that whenever the development is located in more than one zoning district, the number of allowable dwelling units must be separately calculated for each portion of the development that is in a separate zoning district. Thereafter the combined total of all dwelling units so calculated as allowable may be constructed and distributed within the entire planned unit development without concern for the respective zoning districts within which the planned unit development is located, provided there is compliance with building locations shown upon the site plan approved for such planned unit development.
(Ord. 05-2539, passed 10-11-05)