(a)   Permitted Uses. Any use permitted by right or conditional approval in any zoning district may be permitted within a PUD, subject to the provisions of Section 1254.02, Qualifying Conditions, and the requirements of this section.
   (b)   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 applicable to the proposed use, as provided in Table 1254.03, shall be applicable for all such uses within a PUD, unless modified in accordance with Section 1254.03(d). In the case of a mix of uses, the zoning requirements applicable to each use category shall apply to that use.
Table 1254.03 Minimum Zoning Requirements
Land Use
Applicable Zoning District
Retail, office, service business
   (c)   Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the development and along all perimeter streets to ensure connectivity between uses and with adjacent properties. The pathways shall be paved and shall be designed to Village standards.
   (d)   Modification of Minimum Requirements.  District regulations applicable to a land use in the PUD may be altered from the requirements specified in Table 1254.03, including but not limited to, modification from the lot area and width, building setbacks, height, lot coverage, signs and parking. The applicant for a PUD shall identify, in writing, all intended deviations from the zoning requirements. Modifications may be approved by the Village Council during the preliminary development plan review stage, after Planning Commission recommendation.  These adjustments may be permitted only if they will result in a higher quality and more sustainable development consistent with the purposes of PUD expressed in Section 1254.01. The modifications shall also satisfy at least four of the following criteria:
      (1)   Preserve the best natural features of the site;
      (2)   Create, improve or maintain open space for the residents, employees and visitors beyond the minimum required by subsection (f) of this section;
      (3)   Commit that at least ten percent of all dwelling units in the PUD will be "permanently" affordable units or 20% affordable units, or commit to a payment in lieu of constructing such units, as agreed to with the Village Council;
      (4)   Provide a mix of residential types such as single family, townhome and/or multiple family;
      (5)   Employ low impact design and/or other best practices to manage storm water and reduce the off-site impacts of runoff;
      (6)   Employ practices in site layout, building construction and materials that will result in a measurable reduction in energy consumption;
      (7)   Introduce new development concepts, such as co-housing: and/or
      (8)   Include a mix of residential and nonresidential uses.
   (e)   Density Bonus. In addition to the modification of minimum requirements permitted in Section 1254.03(d), the Village Council, after Planning Commission recommendation, may permit an increase in the total number of residential units allowed within a PUD where it is demonstrated that at least three of the following amenities will be included in the development:
      (1)   More than 20% of the total units within the PUD will be committed as "permanently" affordable units;
      (2)   Cool roof technology will be employed on all buildings within the PUD;
      (3)   Fresh food market will be incorporated into the PUD;
      (4)   Buildings will be designed and constructed to accommodate green roof gardens;
      (5)   One or more of the buildings within the PUD will be LEED certified building(s);
      (6)   Low-impact development (LID) design principles will be employed to minimize storm water runoff;
      (7)   Solar panels will be installed on one or more of the buildings within the development and will yield a measurable reduction in energy usage;
      (8)   Additional accommodation beyond the required pathways will be made for bicycles and pedestrians; and/or
      (9)   A minimum of 25% open space will be dedicated within the development.
   (f)   Open Space. At least 15% of the area of a PUD site shall be preserved as open space, in accordance with the following requirements.  For purposes of this requirement, "green roofs" shall be counted as open space.
      (1)   Areas not considered open space. The following land areas shall not be counted as required open space for the purposes of this section:
         A.   The area within any public street right-of-way or private street easement;
         B.   Any easement for overhead utility lines, unless adjacent to qualified open space;
         C.   Storm water detention ponds; provided, rain gardens or ponds designed as water features that may also provide for storm water storage may be counted toward required open space;
         D.   Fifty percent of any flood plain, wetland, water body or steep slope (15% or greater) area and 50% of the area of any golf course;
         E.   The area within a platted lot, unless the lot has been dedicated to open space on the plat via conservation easement or other means of ensuring that the lot is permanent open space; and
         F.   Parking and loading areas.
      (2)   Specifications for required open space.  Required open space areas shall meet the following specifications:
         A.   Shall be for use by all residents, employees and visitors of the PUD, subject to reasonable rules and regulations. In the case of a golf course, stable or similar facility, membership shall be available to all residents of the PUD, subject to charges, fees or assessments for use;
         B.   If the site contains a river, stream or other body of water, the Village may require that a portion of the required open space abuts the body of water;
         C.   Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public street rights-of-way;
         D.   Protects the roadside character by establishing buffer zones along scenic corridors and improves public safety and vehicular carrying capacity by avoiding development that fronts directly onto existing roadways;
         E.   Shall be configured so the open space is reasonably usable by residents of the PUD;
         F.   Shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of this chapter 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;
         G.   To the extent practical, open space areas shall be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths;
         H.   Pedestrian access points to the required open space areas from the interior of the PUD shall be provided and clearly identified by signs or a visible improved path for safe and convenient access;
         I.   Grading shall be minimal, with the intent to preserve existing topography and landscaping where practical; and
         J.   May contain ball fields, tennis courts, swimming pools and related buildings, community buildings, golf courses, and similar recreational facilities.  However, no more than 50% of the required open space may contain any of these uses. 
   (g)   Existing PUDs.  Within the Village there are previously approved planned unit developments, identified on the zoning map as "PUD*". These developments shall be exempt from the requirements of this chapter and shall conform to the prior approved development plans for each respective project.  However, any expansion to or modification of the existing approved developments that constitutes a major change, as defined in Section 1254.07, shall be subject to the following procedural requirements of this chapter:
      (1)   Major changes shall be subject to the Final Development Plan requirements of Section 1254.05(d).
      (2)   The review standards of Section 1254.06(c) through (h) shall apply.
      (3)   The general provisions of Section 1254.04 shall apply.
   (h)   Center for Business and Education.  Prior to the adoption of this code, the Center for Business and Education mixed commerce development was proposed, reviewed and approved. Having undergone that process and received Village Council approval, based on specific development parameters and conditions, the property formerly zoned “Mixed Commerce” is hereby zoned “PUD” and identified as “PUD*” on the zoning map. All prior representations, conditions, plans and requirements attached to the approval of the Center for Business and Education development shall supersede the requirements of this chapter and shall remain in force and become attached to the PUD designation of the subject property. However, any modification of the approved plans that constitute a change of use or major change, as defined in Section 1254.07, shall be subject to the following procedural requirements of this chapter:
      (1)   Major changes shall be subject to the final development plan requirements of Section 1254.05(d).
      (2)   The review standards of Section 1254.06(c) through (h) shall apply.
      (3)   The general provisions of Section 1254.04 shall apply.
(Ord. 2013-19. Passed 9-16-13.)