The unique and substantially different character of planned unit developments requires their administrative processing as a "special use" in this title. Planned unit developments are more complex and of a different character than other special uses, requiring the establishment herein of specific and additional procedures, standards and exceptions to govern the recommendations of the Village Board. The purpose of the planned unit development is to encourage and allow more creative and imaginative design for land developments than is possible under conventional district zoning regulations. The planned unit development also provides for more efficient use of the land, and thus results in more economical land development. Preservation of natural site qualities, better amenities, more open space, and a higher quality project are the normal results of the planned unit development process.

The following objectives may be obtained through the use of the planned unit development procedure:

   A.   To permit a greater choice in types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this title.

   B.   To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.

   C.   To combine and coordinate architectural styles, landscape design, building forms and building relationships with a possible mixing of different uses in an innovative design.

   D.   To enhance the appearance of neighborhoods through the provision of underground utilities, and the preservation of natural vegetation, topographic and geological features and environmentally appropriate features.

   E.   To provide for the prevention and/or control of soil erosion, surface flooding, and the preservation of subsurface water.

   F.   To create a method for the preservation of common open space for the continuous use and enjoyment of the residents and users of the development.

   G.   To provide for more usable and suitably located recreational facilities, schools and other public and private facilities.

   H.   To promote the more efficient use of the land resulting in more economic networks of utilities, circulation and other facilities.

   I.   To encourage land use which promotes the public health, safety, comfort, morals and welfare.

   J.   To create a method for the permanent preservation of architectural, natural and/or historic landmarks. (Ord. 78-40, 5-16-1978)

Planned unit developments may be located in any zoning district or combination of zoning districts. (Ord. 78-40, 5-16-1978)

A minimum site of ten (10) acres shall be required for all residential planned unit developments. A minimum of one acre shall be required for all nonresidential planned unit developments. The site must be under single ownership or unified control to ensure orderly development and maintenance. (Ord. 86-30, 5-20-1986)

   A.   The uses which may be permitted under a planned unit development include those listed as permitted uses or special uses in the underlying district(s). (Ord. 78-40, 5-16-1978)

   B.   In residential districts attached dwelling units may be permitted, which may include townhouses, row houses, garden apartments, duplexes or multiple-story apartments. Condominium, cooperative, individual, governmental or any other type of ownership may be permitted. (Ord. 83-75, 12-4-1983)

   C.   The following are permitted uses only within PD Planned Development Districts designated solely for industrial use and PUDs located entirely within an industrially zoned area, subject to the special conditions set forth in subsection 10-14-5D of this Title:

Adult bookstores.

Adult cabarets.

Adult entertainment establishments.

Adult mini motion picture theaters.

Adult motion picture theaters. (Ord. 96-4, 2-6-1996)

The density of a planned unit development in floor area ratio and in dwelling units for residential uses shall not exceed the amount or number allowed under the requirements of the underlying zoning district. If the development is in more than one zoning district, the floor area ratio and the number of allowable dwelling units must be separately calculated for each portion of the development that is in a separate zoning district, and must then be combined to determine the total floor area ratio and number of dwelling units allowable. (Ord. 78-40, 5-16-1978)

Except in the SR-6 District, density bonuses may be granted for the presence of exceptional design features in a planned unit development. The eligible design features are listed below and their bonuses may be added together if more than one is present. However, the maximum permitted bonus shall be a composite of thirty three percent (33%) increase of the density and floor area ratio allowed under the requirements of the underlying zoning district(s).

   A.   Community Facilities: When an appropriate and adequate year- round community facility, such as a swimming pool, tennis courts, or gymnasium/health club, is constructed and made available without an admission charge to the residents of the development, an increase of up to ten percent (10%) in the base residential density may be granted.

   B.   Public Facilities: When an appropriate and adequate public facility, such as a library; community center, including health and day care facilities; school or fire station; is constructed in a manner acceptable to the suitable operating agency, and the land and structure is dedicated to the public, an increase of up to twenty percent (20%) in the base residential density may be granted. Where only the land for such a facility is dedicated to the public, an increase of up to ten percent (10%) in the base residential density may be granted.

   C.   Covered Or Underground Parking: Where the required parking spaces are provided in covered, multi-level parking structures, or underground, an increase in density or intensity may be granted for each increment of covered parking equal to twenty five percent (25%) of the total parking requirement. Where the bonus is granted in residential density, said increase may equal up to ten percent (10%) of the base residential density for each such increment. Where the bonus is granted in nonresidential use intensity, said increase may equal up to 0.10 FAR for each such increment.

   D.   Excellence In Site Planning: Where the project site plan exhibits exceptional adherence to the purposes and objectives of this Chapter, an increase of ten percent (10%) of the base residential density may be granted. Where the bonus is granted in nonresidential use intensity, said increase may equal up to 0.20 FAR. In addition to the standards found in Section 10-9-8 of this Chapter, the following standards shall be used to measure site plans for excellence:

      1.   The natural topographic and landscape features of the site shall be incorporated into the development wherever possible.

      2.   The site shall not be so overcrowded as to cause unbalanced relationships of buildings to open space. Additional landscaped areas beyond the minimum required shall be encouraged.

      3.   Open space areas shall not be unduly isolated from one another by unrelated vehicle obstructions such as buildings and paved vehicular areas, but rather, shall be linked by open space corridors of reasonable width.

      4.   Buildings shall be sited in an orderly nonrandom fashion in sympathy with the natural features of the site. Excessively long unbroken building facades shall be avoided.

      5.   Habitable spaces shall be oriented with due regard to sun, prevailing wind, desirable vistas and nearby land uses.

      6.   The floor plans of residential units shall have proper orientation, access and view to adjacent private and public open space.

      7.   The intrusion of automobiles into the privacy of residential environments shall be minimized while maintaining the convenience of access between the units and parking areas.

   E.   Adjacent Permanent Open Space: Where the development is adjacent directly to permanently reserved open areas of green space in contiguous tracts exceeding five hundred (500) aggregate acres, an increase up to twenty percent (20%) of the base residential density may be granted.

The density bonuses granted herein are discretionary on the part of the Village. Bonuses less than the maximum for the design features specified above may be granted. Although not limited by these factors, if the Village finds that any of the following conditions are likely to be created by an increase of density as permitted above, it may either deny any application for such increase, or limit the same by an amount sufficient to avoid the creation of any such conditions:

Inconvenient or unsafe access to the development.

Excessive traffic in streets adjoining the development.

An excessive burden imposed upon parks, recreational areas, schools, or other public facilities which serve or are proposed to serve the development. (Ord. 83-75, 12-14-1983)

   A.   Except as noted below, the yard, lot area, lot width, lot shape, lot coverage, height and dwelling size requirements and the limits on combinations of principal structures and uses may be modified under a Planned Unit Development.

      1.   The required yards along the periphery of the Planned Unit Development shall be at least equal in width or depth to those of the directly adjacent zoning district(s), not counting districts removed by the presence of an intervening publicly dedicated street right-of-way.

      2.   Buildings of more than twenty-four feet (24') in height shall provide a setback from any property line of not less than the height of such buildings.

   B.   Requirements regarding any improvements covered under the Bartlett Subdivision Ordinance, including sidewalks, streets, curbs, gutters, sanitary sewers, storm sewers, water, lighting, landscaping, parking and retention/detention facilities shall be modified only as specifically provided for in the special use ordinance authorizing the Planned Unit Development. Private streets shall not be allowed under any circumstances.

   C.   Modifications in the requirements for the number of parking spaces, density, landscaped open space and performance standards shall not be allowed.

A Planned Unit Development shall be reviewed as a special use in accordance with the procedures and standards of this Section, and shall be processed in three stages as set forth below. Additional requirements regarding the processing of applications, including public hearing procedures and the requirements for the recording of plats shall be set forth in various administrative procedure documents, as amended from time to time. Fees shall be set annually by the Village Board, and a list of such shall be kept on file in the office of the Village Clerk.

   A.   Pre-Application Conference.

      1.   A request for a pre-application conference shall be made in writing to the Village. At least two (2) weeks prior to the conference, the applicant shall provide written or graphic information as to the location, size and uses in the proposed development, and a list of all requested modifications to the Subdivision Code and Zoning Ordinance. Prior to the conference, the Technical Committee, which consists of the Village Administrator and selected members of the staff and consultants, will review the proposal for its compatibility with the Comprehensive Plan and the general planning policies and precedents of the Village.

      2.   At the conference, the Technical Committee will inform the applicant of the results of the preliminary review and of the information, materials and documentation that must be submitted for a formal application.

      3.   Within two (2) weeks after the conference, the Technical Committee will submit a written report to the Board of Trustees who will review the report and either direct the applicant to proceed with his formal application or refer it back to the Technical Committee for further study and action. (Ord. 78-40, 5-16-78)

   B.   Preliminary Site Plan:

      1.   Upon completion of the pre-application procedure, the applicant may then make formal application to the Village Board requesting a special use permit for a planned unit development on forms provided by the Village, and including a preliminary site plan containing the information required in Section 10-9-9. This preliminary site plan shall be the subject of a public hearing before the Planning and Zoning Commission (whichever body holds the public hearing), as regulated in Section 10-13-8, Special Uses.

      2.   Within a reasonable amount of time, usually within forty-five (45) days after the adjournment of the public hearing, the Planning and Zoning Commission (whichever body holds the public hearing), shall submit in writing its finding and recommendations to the Village Board and the applicant, based on the standards set forth in Section 10-9-8.

      3.   The Board of Trustees shall accept or reject the Preliminary Site Plan within a reasonable amount of time, usually within forty-five (45) days after its next regular meeting following the receipt of the written recommendation of the Planning and Zoning Commission (whichever body holds the public hearing).

         a.   If the Preliminary Site Plan is not approved, the Village Board may state in writing the reasons for the decision and such writing, if prepared, shall be filed with the Village Clerk, and a copy shall be sent to the applicant.

         b.   If the Preliminary Site Plan is approved, the Village Board shall authorize the applicant to submit a Final Development Plan for the Planned Unit Development.

   C.   Final Development Plan:

      1.   Within one (1) year following the approval of the Preliminary Site Plan, the applicant shall file with the Village a Final Development Plan containing in final form the information required in the Preliminary Site Plan and additional information as required in Section 10-9-10.

      2.   The Planning and Zoning Commission (whichever body holds the public hearing), shall review the Final Development Plan with regard to its conformance to the approved Preliminary Site Plan and to the Final Development Plan requirements, and shall submit its report and recommendations to the Village Board, usually within thirty-five (35) days.

      3.   The Village Board, after receipt of the report and recommendations of the Planning and Zoning Commission (whichever body holds the public hearing), shall review the Final Development Plan, and if it is determined to be in conformance with the approved Preliminary Site Plan and Final Development Plan requirements, will authorize by Ordinance the issuance of a special use permit.

If the Final Development Plan is held to be not in conformance with the Preliminary Site Plan or the Final Development Plan requirements, the Village Board shall inform the applicant of the specific areas found deficient. The applicant may request from the Village Board an extension of time to bring the Final Development Plan into conformance and to complete the requirements, or may request a new public hearing under the procedures established for approval of a Preliminary Site Plan. (Ord. 78-40, 5-16-1978; amd. Ord. 88-42, 5-17-1988; Ord. 2022-17, 3-15-2022)

Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the Village Board only in direct response

to the accrual of tangible benefits from the Planned Unit Development to the Village or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities, outstanding environmental, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a Planned Unit Development the Village Board shall be required to make certain findings based on the standards below:

   A.   Required Findings: No application for a Planned Unit Development shall be approved unless all of the following findings are made about the proposal:

      1.   Comprehensive Plan. It shall conform with the Comprehensive Plan and the general planning policies and precedents of the Village, particularly with reference to the following:

         a.   Land use policies;

         b.   Land use intensity;

         c.   Housing goals;

         d.   Traffic impact and parking;

         e.   Impact on schools, public utilities and facilities;

         f.   The character of the Village and the specific neighborhood; and

         g.   The conservation and enhancement of the tax base and economic well-being of the Village.

      2.   Permitted Uses. Each of the proposed uses is a permitted or special use in the district or districts in which the Planned Unit Development would be located.

      3.   Public Welfare. It shall be so designed, located and proposed to be operated and maintain ed that the public health, safety and welfare will not be endangered or detrimentally affected.

      4.   Impact on Other Property. It shall not substantially lessen or impede the suitability for permitted use and development of, or be injurious to the use and enjoyment of, or substantially diminish or impair the value of, or be incompatible with, other property in the immediate vicinity.

      5.   Impact on Public Facilities and Resources. The plan shall include impact donations in accordance with Ordinance 83-7.

      6.   Support Facilities. It shall have or make provision for adequate utilities, drainage and other necessary facilities.

      7.   Parking and Traffic. It shall have or make adequate provision for parking and ingress and egress and be so designed as to minimize traffic congestion and hazards in the public streets.

      8.   Adequate Buffering. It shall have adequate site area, which area may be greater than the minimum in the district in which the proposed site is located, and other buffering features to protect uses within the development and on surrounding properties.

      9.   Performance. There shall be reasonable assurance that, if authorized, it will be completed according to schedule and adequately maintained.

   B.   Modification Standards: In addition to the findings required above, the following standards shall be utilized by the Village in considering applications for modifications of the conventional zoning and subdivision regulations for a Planned Unit Development. These standards shall not be regarded as inflexible, but shall be used as a framework by the Village to test the quality of the amenities, design and desirability of the proposal.

      1.   Integrated Design. A Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.

      2.   Beneficial Common Open Space. Any common open space in the development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main buildings and not be of isolated or leftover character. the following would not be considered usable common open space:

         a.   Areas reserved for the exclusive use or benefit of an individual tenant or owner.

         b.   Dedicated streets, alleys and other public rights-of-way.

         c.   Vehicular drives, parking, loading and storage areas.

         d.   Irregular or unusable narrow strips of land less than fifteen feet (15') wide.

      3.   Location of Higher Buildings. Higher buildings shall be located within the site plan in such a way as to dissipate any adverse impact on adjoining lower buildings within the development or on surrounding properties, and shall not invade the privacy of occupants of such lower buildings.

      4.   Functional and Mechanical Features. Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the project and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being in congruous with the existing or contemplated environment and the surrounding properties.

      5.   Visual and Acoustical Privacy. The development shall provide reasonable visual, and acoustical privacy for each dwelling unit. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.

      6.   Ownership Plan: The development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership, separate condominium ownership of structures, or other ownership methods, provided that the ownership plan ensures the continued maintenance of the properties and of the various amenities and conservation and design features of the Planned Unit Development as a whole.

      7.   Energy Efficient Design: A Planned Unit Development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the development. Design features or facilities which utilize solar or wind energy, or which effectively reduce consumption or use of water, motor vehicles, non-renewable energy sources or sewage treatment facilities will be encouraged to the extent to which they conform with the other objectives of this Title.

      8.   Landscape Conservation and Visual Enhancement: The landscape in a Planned Unit Development shall be conserved and enhanced, insofar as practical, by minimizing tree and soil removal, and the conservation of special landscape features such as streams, ponds, groves and land forms. The addition or use of trees, shrubs, flowers, fountains, ponds, special paving materials, benches and seating areas, special lighting fixtures and other amenities will be encouraged to the extent of their appropriateness and usefulness to the development and the likelihood of their continued maintenance.

      9.   Drives, Parking and Circulation. Principal vehicular access shall be from major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties.

      10.   Relationship to Public Facilities and Utilities. The development shall be so designed as to have access to such facilities and utilities in the same degree as would development under existing zoning, and shall be so located, designed, and scaled that access for public services is equivalent to, and net costs for such services is not greater than, access and net costs for public services for development as permitted under existing zoning.

      11.   Surface Water Drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.

   A.   Contents: The following items constitute the minimum requirements for the contents of a Preliminary Site Plan. The applicant should feel free to supplement the list with whatever materials deemed appropriate to illustrate compliance with the regulations and intent of this section.

Maps which shall be included as part of the application shall be drawn at a scale of one hundred feet to the inch (1" = 100') or, if the area of the site is more than two hundred (200) acres, two hundred feet to the inch (1" = 200'). All maps shall be dated and include a scale and north point.

      1.   A legal description of the site.

      2.   A boundary line survey of the site prepared and certified by a registered land surveyor, showing the dimensions of the property's boundaries and all existing rights of way adjacent to the property.

      3.   Existing and proposed topography of the land with contours shown at intervals no greater than two feet (2'). Topographic data shall refer to the U.S.G.S. North American Datum--Mean Sea Level Elevation.

      4.   Existing and proposed landscape features, including significant tree groupings, isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level, scenic views, and other natural features such as streams, bogs, etc.

      5.   Existing zoning and land uses on and adjacent to the site.

      6.   Village, school district, and park district boundary lines on or adjacent to the site.

      7.   Locations and dimensions of all existing and proposed structures, building heights, number of stories, gross floor areas, floor area ratios, and entrances.

      8.   All proposed uses, including statistical tabulation of the acreage amounts of all uses, the number, size and the type of dwelling units in all structures, and the dwelling unit density.

      9.   Locations and dimensions of all existing and proposed streets, curb cuts, aisles, bicycle paths and walkways, the number and location of all parking spaces and loading areas, and the names of all streets. If the exact use of the site is not known at the time of a site plan submittal, parking and loading requirements shall be calculated for the general use having the greatest parking and loading requirements.

      10.   All areas to be dedicated as common open space and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings and similar public and quasi-public uses, together with the proposed plan for the permanent maintenance of such common open space areas.

      11.   A utility concept plan, including the location of all existing sanitary sewer, storm sewer and water lines on the site and on property immediately adjacent to the site. Similar information shall be provided for gas, electric and telephone utilities. The utility concept plan shall be accompanied by a statement from the Village Engineer attesting to the capability of existing systems to service the proposed development.

      12.   Portions of the site in the floodplain or in floodplain fringe areas, the existing and proposed flow and storm drainage, and the location of drainage ditches, culverts and standing water.

      13.   Soil problem areas based on a soil survey of the site including a report from the Soil Conservation Service. Additional soil information may be requested by the Planning and Zoning Commission and/or the Village Engineer.

      14.   Location, height and material for all screening walls and fences, the location and direction of proposed lighting facilities, and the location and dimensions of each outdoor trash storage area.

      15.   A detailed listing of all requested modifications to zoning and subdivision requirements, and the reasons why such modifications are deemed to be in the public interest.

      16.   Other information requested by the Planning and Zoning Commission or the Village Board necessary to reasonably clarify the proposal and its impact or economic feasibility. Such information may include but not be limited to any of the following:

         a.   A traffic study by a qualified traffic engineer indicating the volume of traffic to be generated by the planned unit development and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the planned unit development or any phase of it.

         b.   Tax and school impact study detailing the impact the planned unit development will have on all taxing bodies. In addition, the expected number of students to be generated by any residential portion of the planned unit development shall also be quantified and estimates made as to the projected revenues and expenditures by the Village attributable to the development.

         c.   A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials.

         d.   An analysis of the marketability of proposed sale or rental properties, or of the demand for proposed services or uses. (Ord. 78-40, 5-16-1978; amd. Ord. 2022-17, 3-15-2022)

   A.   Contents: The final development shall include the following:

      1.   All of the information required for the approved preliminary site plan, updated and in final form.

      2.   A final planned unit development plat, suitable for recording with the respective County Recorder of Deeds. The purpose of the plat is to designate the areas which are subdivided into lots as well as those areas not so divided into common open areas and building areas and to designate the design controls and uses of each building or structure and of the land in general.

      3.   If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all requirements of a normal subdivision plat, to the extent that compliance with the subdivision regulation of the Village shall be required.

      4.   An accurate legal description of each separate unsubdivided use area, including common open space.

      5.   Certificates, seals and signatures required for the dedication of land and recording of the document.

      6.   A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space.

      7.   A restrictive covenant in a form acceptable to the Village Attorney limiting development of and construction upon the tract as a whole to such development and construction as shall comply with the final PUD plan and the special use permit granted by the Village Board, which document shall include a provision granting the Village a right to enforce the same.

      8.   Final landscape plan, indicating the height, size, location, quantity and variety of all plant materials.

      9.   Final engineering drawings, including the final utility plan.

      10.   Final architectural design development drawings, including plans, elevations and sections for all major structures.

      11.   Proof of all applicable approvals from State and County officials or from other agencies outside the Village having jurisdiction.

      12.   A schedule for construction of all phases of the development, including landscaping, utilities and site amenities, indicating when each phase can be expected to begin and end.

   B.   Permitted Changes: Minor changes from the approved preliminary site plan may be allowed in the final PUD plan without a public hearing, provided such changes are determined to be minor by the Village Board after review and recommendation by the Planning and Zoning Commission. A change shall not be considered minor if it includes any of the following:

      1.   A change in the use or character of the development.

      2.   An increase by more than one percent (1%) in the overall coverage of structures.

      3.   An increase in the density or intensity of use.

      4.   A relocation of any street, curb cut or intersection of more than ten feet (10') in a manner which would increase the problems of traffic circulation or public utilities, or which would cause a significant negative impact upon the buffer or open space scheme.

      5.   A reduction of more than one percent (1%) in approved open space.

      6.   A reduction in off-street parking and loading spaces.

      7.   A reduction in required pavement widths.

      8.   A change in the arrangement or location of principal structures or uses by more than ten feet (10').

Changes in addition to or in excess of the limits described above shall be considered major changes and require submission of a new application which shall be processed and approved in the same manner as required for the original application. (Ord. 78-40, 5-16-1978; amd. Ord. 2017-136, 10-17-2017; Ord. 2022-17, 3-15-2022)

A minor amendment (as determined by the Zoning Administrator) to an approved final PUD plan may be submitted to the Building Department as part of a building permit application if no rezoning, special use(s) and/or variation(s) is/are requested, and/or any such amendment or required modification to an approved final PUD plan is of such size and scope that it would not require rezoning, a special use permit or variation if the subject property fell within a traditional zoning classification, or varies less than ten percent (10%) from the dimensions on the approved final site plan. (Ord. 2017-136, 10-17-2017)

After the approval of the final PUD plan, the use of land and construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved final PUD plan and all applicable Village ordinances not specifically waived in the ordinance granting a special use for the planned unit development. In addition, the following conditions apply to the construction of a planned unit development:

   A.   Construction in accordance with the final PUD plan shall commence within one year. Failure to commence within that period shall, unless an extension has been granted by the Board of Trustees according to subsection B of this section, automatically render null and void the final plan approval of the planned unit development plan, all prior plan approvals upon which final plan approval depends, including all permits based on such approvals, and the special use permit for the planned unit development. (Ord. 78-40, 5-16-1978; amd. Ord. 2017-136, 10-17-2017)

   B.   The Village Board may extend the time limit for the commencement of construction as follows:

      1.   If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer an extension may be granted for a period not longer than the period of the governmental delay.

      2.   For good cause shown, an extension may be granted for such periods of time as the Village Board deems appropriate but not exceeding twelve (12) months exclusive of extensions authorized under subsection B1 of this section.

   C.   No permit shall be issued for any construction in a planned unit development nor shall any use of the properties commence until the developer posts with the Village a sum in cash, negotiable securities, surety bond, or irrevocable letter of credit running to the Village in an amount sufficient to cover the full cost, including engineering and inspection fees and costs, plus ten percent (10%) of such total, to ensure the satisfactory installation of all streets, sidewalks, curbs, gutters, sanitary sewers, storm sewers, water, lighting, landscaping, parking, retention/detention areas, and all other public improvements. The cost of the improvements shall be based on confirmed estimates approved by the Village Engineer, and all guarantees except cash and negotiable securities shall be reviewed by the Village Attorney for conformance to Village ordinances. If a surety bond is submitted, it shall have good and sufficient surety thereon and shall not be accepted until approved by the President and Board of Trustees. If the planned unit development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond posted shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the Village Engineer. (Ord. 78-40, 5-16-1978)

   D.   No changes shall be made in the approved final PUD plan, except with the approval of the Village Board according to the same limitations and procedure set forth in subsection 10-9-10B of this chapter. Any approved changes must be recorded as amendments to the recorded copy of the final PUD plan. If the approved change is related to any of the approved plans or drawings amended plans or drawings must be filed with the Village and recorded. No changes may be made in the final PUD plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final PUD plan was approved or by changes in the development policy in the Village.

   E.   The Village Board may at any time request written reports on the progress and development of the proposed planned unit development. If the Village Board is satisfied that the permittee has abandoned the development of the planned unit development or failed to follow the final PUD plan, it shall hold a public hearing for the purpose of considering the revocation of all permits issued and action taken herein. Written notice of said hearing shall be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the planned unit development. Publication of said hearing shall also be given in accordance with the provisions of section 10-13-7 of this title. If the Village Board finds that the permittee has abandoned the development of the proposed planned unit development or failed to follow the final PUD plan, it may then revoke all permits issued and action taken herein.

   F.   Any building or structure within the planned unit development that is totally or substantially destroyed may be reconstructed only in compliance with the final PUD plan unless an amendment to the final PUD plan is approved following the procedures required for the original application. (Ord. 78-40, 5-16-1978; amd. Ord. 2017-136, 10-17-2017)

Prior to granting a special use permit for a planned unit development, the Planning and Zoning Commission may recommend and the Village Board stipulate by ordinance such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned unit development as deemed necessary for the protection and requirements specified herein or as may be from time to time required. In all cases in which planned unit developments are approved, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 78-40, 5-16-1978September 28, 2022; amd. Ord. 2022-17, 3-15-2022)

(Reserved by Ord. 2019-95, 11-19-2019)

(Ord. 2013-45, 6-4-2013)

Use, lot and bulk regulations applying specifically to the PD planned development district are set forth in the sections which follow. Also applying to the PD district are regulations set forth in other chapters of this title as follows:

 

(Ord. 87-65, 12-1-1987; amd. Ord. 91-26, 4-16-1991)

Uses of land or buildings, as hereinafter listed, shall be permitted in accordance with the conditions specified. Unless otherwise specifically set forth, wherever a permitted use is named as a major category, it shall be deemed to include only those itemized uses listed under the said category. No building or zoning lot in the PD District shall be devoted to any use other than a use permitted in the PD District and no building or structure in the PD District shall be erected, altered, enlarged or occupied except for a permitted use in the PD District unless otherwise specifically allowed by this Title.

Uses lawfully established on the effective date of this Title and rendered nonconforming by the provisions thereof shall be subject to the regulations of Chapter 10 of this Title.

The following uses are permitted in the PD District:

   A.   Agricultural land and buildings, including greenhouses and nurseries without retail sales.

   B.   Recreation and social facilities, including country clubs, golf courses and nonilluminated Par 3 golf courses, but not including driving ranges, miniature golf, polo or gun clubs.

   C.   Public and governmental land and buildings. (Ord. 87-65, 12-1-1987)

   D.   The following are permitted uses only within PD Planned Development Districts designated solely for industrial use and PUDs located entirely within an industrially zoned area, subject to the conditions set forth in subsection 10-14-5D of this Title:

Adult bookstores.

Adult cabarets.

Adult entertainment establishments.

Adult mini motion picture theaters.

Adult motion picture theaters. (Ord. 96-4, 2-6-1996)

Special uses, as hereinafter listed, may be allowed subject to the issuance of special use permits, or amendments to special use permits, in accordance with the provisions of Chapter 13 of this Title. Unless otherwise specifically set forth, wherever a special use is named as a major category, it shall be deemed to include only those itemized uses listed under the said major category.

The following uses are special uses in the PD District:

   A.   Planned unit developments in accordance with a plan for the entire area within the PD District.

      1.   Any use or combination of uses permitted or specially permitted in one or several of the districts under this Title, including the ER-1, ER-2, ER-3, SR-1, SR-2, SR-3, SR-5, SR-6, O-R, B-1, B-2, B-3, B-4, I-1, I-2, EDA, P-1 Districts and the former I-2 District, provided that the Planning and Zoning Commission finds that:

         a.   The planned unit development will be consistent with the Comprehensive Plan of the Village;

         b.   That all uses, as arranged, are likely to be compatible with each other use within the planned unit development; and

         c.   The development is likely to be compatible with development permitted under this Title on substantially all land in the vicinity of the proposed planned unit development.

      2.   Any temporary use of land which meets the requirements of the preceding paragraph, relating to the period during which said temporary uses are permitted under the planned unit development. (Ord. 87-65, 12-1-1987; amd. Ord. 2020-12, 2-4-2020; Ord. 2022-17, 3-15-2022)

Accessory uses, buildings or other structures customarily incidental to, and commonly associated with, a permitted or special use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any separate business, profession, trade or industry.

Accessory uses may include the following:

Agricultural buildings and structures.

Boathouses, private.

Commercial sale of equipment, food or beverages, if incidental to the operation of a country club.

Conservatories, private.

Fallout shelters.

Garages, carports, and parking spaces for lawful occupants or users of permitted or special uses on the same premises.

Gardening.

Home occupations.

Household pets exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes, limited to not more than a total of three (3) traditional domestic animals.

Living quarters, detached, for persons employed on the premises, if occupied only by such persons and their immediate family, and not rented or otherwise used as a separate dwelling.

Playhouses and summer houses.

Roadside stands, for the display and sale of agricultural products on zoning lots where the principal use is agriculture.

Signs, as regulated in Chapter 12 of this Title.

Swimming pools and tennis courts, exclusively for the use of the residents and their guests, and set back from every property line at least ten feet (10').

Tool houses, sheds and other similar buildings for the storage of domestic supplies.

Water retention and detention areas. (Ord. 87-65, 12-1-1987)

All uses not expressly authorized under "Permitted, Special or Accessory Uses" are expressly prohibited.

   A.   The following are prohibited uses in any area or areas within a PD Planned Development District where such area or areas have been designated for residential, mobile home, office research, public land, commercial, and/or business use or uses:

      Adult bookstores.

      Adult cabarets.

      Adult entertainment establishments.

      Adult mini motion picture theaters.

      Adult motion picture theaters.

   B.   The following are prohibited uses in any Planned Unit Development that is located within any area or areas zoned for residential, mobile home, office research, public land, commercial and/or business use or uses:

      Adult bookstores.

      Adult cabarets.

      Adult entertainment establishments.

      Adult mini motion picture theaters.

      Adult motion picture theaters.

   C.   The following are prohibited uses in a PD Planned Development District which is located within the Downtown Overlay District:

      Adult-use cannabis cultivation center.

      Adult-use cannabis dispensing center.

      Medical cannabis cultivation center.

      Medical cannabis dispensing center.

(Ord. 87-65, 12-1-1987; amd. Ord. 96-4, 2-6-1996; Ord. 2022-92, 10-18-2022)

Uses in the PD Planned Unit Development District shall conform to a plan for the District, as adopted by ordinance by the Village Board, and shall conform to the following requirements:

   A.   The plan for the District, as adopted by ordinance, shall indicate, at a minimum, the uses to be permitted within each sub- area or planning unit of the District, and shall specify for each sub-area or planning unit:

      1.   The maximum density, in dwelling units per acre, of all residential uses.

      2.   The minimum size of dwelling units, in square feet.

      3.   The mixture of dwelling units' sizes, in percentage of dwellings with one, two (2), three (3), four (4), five (5), or more bedrooms per dwelling.

      4.   The minimum distances between dwellings or structures.

      5.   Maximum building height.

      6.   Maximum floor area ratio of any nonresidential uses.

      7.   Minimum parking and loading requirements for all uses.

      8.   Minimum landscape and site open space standards.

      9.   The zoning district to which the sub-area or planning unit is most akin.

   B.   Uses within any sub-area shall not exceed the density or intensity permitted, or specially permitted under planned unit development provisions in Chapter 9 of this Title, for uses in the zoning district to which the sub-area or planning unit is most akin. (Ord. 87-65, 12-1-1987)

A Downtown Overlay District is hereby created as described in a document that can be found at (https://www.bartlettil.gov/home/showpublisheddocument/11869/637577050693530000). This document is hereby adopted and incorporated as if laid out herein in full.

A certified copy of such document is available for inspection at the planning and development services department. (Ord. 2019-95, 11-19-2019)