Adams City Zoning Code
ARTICLE VIII
Planned Development Districts
§ 305-21 General intent and objectives.
A.
From time to time, Planned Development Districts may be established in the Village and designed at specific locations on the Zoning Map. The purpose for establishing such districts is to allow compatible development of a variety of uses (e.g., residential, commercial, recreational, historic, etc.) to exist and vary from the strict application of this chapter's regulations.
B.
It is the intent of this article to provide flexible land use and design regulations through the use of performance criteria so that small-to-large scale neighborhoods or portions thereof may be developed within the Village. These may incorporate a variety of residential and nonresidential uses; containing both individual building sites and common property which are planned and developed as a unit. This article specifically encourages innovations in residential development so that the growing demands for housing at all levels may be met by greater variety in type, design, and siting of dwellings and by the more efficient use of land in such developments. Planned developments do not require mix of residential and nonresidential uses to be considered for Planned Development District status.
C.
This Article recognizes that while the standard zoning functions, (use, bulk and area) are appropriate for the regulation of land use in some areas or neighborhoods, these controls represent a type of regulatory strictness which may be detrimental to the innovative techniques of quality land development contained in the Planned Development District concept. Further, this article recognizes that a rigid set of space requirements along with area and use specifications would frustrate the application of this concept. Thus, where PDD techniques are deemed appropriate through the rezoning of land to a Planned Development District by the Village Board, the set of use and dimensional specifications found elsewhere in this chapter are herein replaced by an approval process based upon the performance criteria outlined in Article VII, Site Plan Review, and as prescribed by the Village Planning Board.
§ 305-22 General requirements and site plan review criteria.
A.
Requirements for consideration as a PD District. Following are a list of the requirements that a proposal must meet to be considered for PDD. status.
(1)
Minimum area. The district must comprise at least three acres of contiguous land.
(2)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person, or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(3)
Location of PDD. The PDD shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article.
(4)
Permitted uses. Following are descriptions of residential and nonresidential uses permitted in the PD District. These uses may be mixed, separated or the development may accommodate only one type of use (i.e., residential or nonresidential).
(a)
Residential uses. Residences may be of any variety of types including single family dwellings, two family dwellings, multiple dwellings and mobile home parks.
(b)
Accessory, commercial, business, recreational, historic, service and other nonresidential uses. Nonresidential uses shall include, but not be limited to, retail and wholesale commercial operations, theaters, places of amusement and recreation, cultural and historic facilities, public and private parks, home occupations, community facilities, restaurants, and tourist facilities. All such uses shall be in keeping with the residential character of the proposed district and adjacent areas. No industrial uses shall be permitted.
[1]
In a mixed use development, the nonresidential uses of a commercial or business nature shall not exceed the square footage devoted to residential, and its accessory, uses. This shall be determined by building floor area. Such commercial or service area may be in separate buildings or incorporated within two family or multi-family structures or in suitable combinations of these alternatives.
[2]
Customary accessory or associated uses, such as private garages, storage spaces, community activity centers, churches and schools shall also be permitted as appropriate to the PDD.
(5)
Setback requirements. The applicant shall propose to the Planning Board specific setback distances for acceptable permitted uses. These distances may be different for similar uses, or different uses. There shall be distances proposed for front, side and rear yards; which assure environmental quality from such concerns as noise, fire, sanitary, odor, traffic, etc. The Planning Board shall review these proposals and determine their acceptability in assuring environmental soundness of such conditions. The Planning Board shall specify yard setback requirements if the applicant's proposal is not acceptable.
(6)
Common property in the PDD. Common property is not required to be considered for PDD status, however it is often characteristic of such proposals. Common property in a PDD is a parcel or parcels of land, with or without the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be presented for the improvement, operation and maintenance of such common property and facilities, including private street, drives, service and parking areas, and recreational and open space areas.
§ 305-23 Procedure.
Following are procedural steps that shall be followed when applying for PDD status:
A.
In order to establish Planned Development Districts, this chapter must be amended by the following procedures herein outlined and the prescribed regulations for amendments to this chapter.
B.
Application for establishment of a Planned Development District shall be made to the Village Board by the owner(s) of property proposed to be included in the district. The Village Board shall refer such application to the Village Planning Board for consideration within seven working days of receipt of such an application.
C.
Within 14 days following referral, the Planning Board must request in writing that the applicant send a development plan and detailed program which would enable the Planning Board to evaluate the proposed development and its effect on nearby land uses and public services. Such a plan and program must consist of the application requirements of Article VII, § 305-17.
D.
The Planning Board must discuss the proposal with the applicant at a regular meeting of the Board within 30 days of the submission of the required information by the applicant (Subsection C, above). Within 10 working days such a meeting, the Planning Board must approve, approve with modifications and conditions, or disapprove such an application and then report these recommendations to the Village Board of Trustees. The Planning Board will base this decision upon the development's ability to meet the site plan review standards established under Article VII, § 305-18.
E.
In determining its recommendations on the proposed development, the Planning Board must consider, where appropriate, the need for the proposed use in the proposed location; its consistency with the Village Development/Comprehensive Plan; and the existing character of the neighborhood in which the use would be located. It also must consider the safeguards to minimize possible detrimental effects of the proposed use on the adjacent properties, on public services and on the historic character of the area.
F.
It shall be the authority of the Planning Board to set conditions under Subsection D of this section and make a recommendation for PDD status based upon this. It is the Village Board's authority to review this PDD status recommendation (from the Planning Board) and enact or disapprove an amendment thereon. Within 45 days of receipt of the recommendations, the Village Board must, following public notice provided by this chapter, hold a public hearing on the proposal; and then deny or approve this proposal by the procedures prescribed for amendments under this Zoning Law.
G.
If such an amendment is enacted, the permitted development must be confined to the specific designated area, while having followed the approved development plan and program. If it does not it will constitute a violation of this Zoning Law.
H.
In order to exceed any of the above time frames for adoption of a PD District there must be agreement by both the applicant and the Village Board.
I.
A PD District that is in effect shall only be expanded if in compliance with original permits granted. Expansions requiring new permit action shall undergo the site plan review procedure of Article VII.
J.
A planned development district that is in effect, shall be considered abandoned if completion of a project is not achieved within three years of the date of establishment of the Planned Development District and shall automatically revert to its previous zoning use.
[Added 5-15-1989 by L.L. No. 2-1989]