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Byron City Zoning Code

17.42 PLANNED

UNIT DEVELOPMENT DISTRICT

17.42.010 Regulations - General

  1. The planned unit development (PUD) district is intended to encourage more efficient use of land by allowing, under certain circumstances, a more flexible method of land development and redevelopment than is otherwise permitted under strict application of the other chapters of this title.
  2. Planned unit development provisions are intended for large tracts or unique sites where a flexible approach to zoning regulations would facilitate, to the extent possible:
    1. A maximum choice in the type of environment available to the public by allowing a development that would not otherwise be possible under the other chapters of this title;
    2. Protection or preservation of natural resources, vegetation, topographic and geologic features through clustering development and other innovative site planning and design techniques;
    3. A more efficient use of the land resulting in more economic networks of utilities, streets and other public or private facilities;
    4. Maximization of open or recreational space; and
    5. Provide for condominium developments in accordance with the Condominium Property Act, Chapter 765 Illinois Complied Statutes Section 605/1 et seq., as amended.
  3. The PUD district is intended to provide for a development incorporating a single type or variety of related residential uses which are planned and developed as a unit, but departs from the normal standards and requirements of the other chapters of this title. The PUD may provide amenities not otherwise required by ordinance and may establish facilities and open space greater than the minimum required.
  4. The PUD district is an overlay district in addition to the underlying residential zoning district(s). In this chapter, the term underlying zoning district means that residential zoning district (either District No. 1, single-family, District No. 2, two-family, or District No. 3, multi-family) which a tract is zoned at the time of application for amendment to a PUD District.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.020 Permitted Uses - Principal

Principal permitted uses in a PUD district shall include the following, provided such permitted uses are also listed as permitted uses for the underlying zoning district:

  1. One-family detached dwellings;
  2. Two-family detached dwellings;
  3. Multi-family dwellings not exceeding four dwelling units per building;
  4. Condominiums not exceeding four dwelling units per building;
  5. Townhouses not exceeding four contiguous or joined units;
  6. Churches, parish houses, convents or Sunday schools;
  7. Public, private or parochial educational uses;
  8. Recreational uses;
  9. Libraries and museums; and
  10. Accessory uses, as defined in other sections of this title.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.030 Permitted Uses - Special

Special permitted uses shall include, but not be limited to:

  1. Hospitals; and
  2. Home occupations as permitted in accordance with provisions of Section 17.08.390 of this title.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.040 Lot Size

For property which is undeveloped, the minimum allowed property size for a PUD shall be ninety thousand square feet. For property which is already developed, the minimum allowed property size for a PUD shall be sixty thousand square feet. Additional land may be added to an existing PUD if it is adjacent (except for public roads), forms a logical addition to the existing PUD and is under the same ownership or control.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.050 Density

The density for a PUD shall not exceed the average density of the underlying zoning district(s). Density shall be determined by dividing the net project area by the minimum lot size for the underlying zoning district. The net project area shall not include public right-of-way, designated flood way or projections of the tract having a width less than the minimum lot width of the underlying zoning district.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.060 Coverage

All buildings, including accessory buildings, shall not cover more than forty percent of the net site area. Open space shall be not less than forty percent of the project site area. Open space may include bike and recreation paths, sidewalks, active and passive recreational uses, flood ways and flood hazard areas. Open space does not include parking areas, private drives or private roadways.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.070 Yard Areas

  1. Front yard depth shall be at least thirty feet.
  2. The required side yard along the perimeter of the PUD shall be at least equal in width or depth to that of the adjacent zoning district.
  3. All other yards shall be subject to approval during the zoning review and approval process.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.075 Building Distances

Residential buildings in the PUD property shall be no closer than the average height of the two buildings.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.080 Procedure

The owner(s), or a bona fide agent of the owner(s), of any tract of land may petition for an amendment to zoning to adopt a PUD District, in accordance with the provisions of this title.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.090 Concept Plan

  1. The petition for an amendment to include a PUD district shall be accompanied by a concept plan. The concept plan shall contain the following information:
    1. A boundary survey at a scale of not less than one inch equals one hundred feet;
    2. Total area of the tract;
    3. Abutting street names, width, route numbers, etc.;
    4. Abutting zoning districts and the uses of each abutting tract;
    5. Available public utilities and facilities;
    6. Topographical data with maximum contour interval of ten feet;
    7. Existing covenants, land use restrictions and related information, including flood hazard boundaries; and
    8. The proposed location and extent of the land uses, buildings, streets, lots and other features.
  2. Approval of the PUD district shall constitute an expression of approval of the concept plan and shall serve as a guideline for the preparation of the preliminary PUD plan.
  3. To reduce the number of steps involved in the approval of a PUD district, a preliminary PUD plan may be submitted in place of a concept plan.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.100 Preliminary PUD Plan

  1. The preliminary PUD plan shall be submitted in the same manner as required for amendments to this title. The preliminary PUD plan shall be submitted within six months of the approval of the amendment to the PUD district. Should the preliminary PUD plan not be submitted within such time, the tract shall automatically revert to the underlying zoning district.
  2. The preliminary PUD plan shall contain, at a minimum, the following information:
    1. All information required for tentative plats as stated in Chapter 16.20 of this code. The topographical information shall extend at least one hundred feet beyond the tract boundary to provide sufficient information to determine the impact on the adjacent properties and uses;
    2. The underlying zoning district(s) of the tract and adjacent zoning districts;
    3. Open space intended to be dedicated for common use of all property owners and the indicated purpose or use of the open space;
    4. The location and arrangement of all proposed land uses, including height and number of floors of all buildings (other than one and two family dwellings) both above and below the finished grade;
    5. A plan or statement showing the location and design of all screening, including the type and height of such screening;
    6. A plan or statement detailing the proposed agreements, provisions, covenants, restrictions and conditions pertaining to the use, maintenance and operation of common spaces;
    7. Preliminary architectural plans for all buildings having sufficient detail to permit an understanding of the style of the development, the design of the buildings and the number, size and type of dwelling units;
    8. Preliminary plans for proposed public and private facilities for roads, sanitary sewers, storm drainage and erosion control, water supply, lighting and grading;
    9. A traffic impact analysis showing the effect of traffic generated by the project on the surrounding roads;
    10. A sequence development schedule showing the order of construction of each principal functional element of the stages or units and the approximate completion date for each stage or unit;
    11. Information on the density of the residential units and the number of dwelling units for each type; and
    12. Tabulations showing the following:
      1. Total project area;
      2. Net project area;
      3. Area covered by buildings;
      4. Area covered by parking areas, private drives or private roads;
      5. Area within a designated floodway;
      6. Area within a designated one hundred-year flood hazard zone, but outside a designated floodway; and
      7. Area of open space proposed.
  3. A final PUD plan may be submitted instead of a preliminary PUD plan if the entire tract shall be developed at one time.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.110 Final PUD Plan

  1. The final PUD plan shall be submitted in the same manner as an amendment to this title. The final PUD plan shall, after approval, be recorded in the same manner as required for final plats under Title 16. The final PUD plan must be submitted for approval within one year of the approval of the preliminary PUD plan. Should the final PUD plan not be submitted within such time, the tract shall automatically revert to the underlying zoning district.
  2. The final PUD plan shall conform to the preliminary PUD plan as approved or with requested minor changes. The final PUD plan may be submitted in stages conforming to the approved development schedule. If submitted in stages, all final PUD plans must be submitted within five years of the approval of the preliminary PUD plan.
  3. The final PUD plan shall be suitable for recording. The purpose of the plan is to designate the land subdivided into conventional and unconventional lots or units and common open areas, and designate building areas and public land dedication. The final PUD plan must contain, at a minimum, the following information:
    1. An accurate legal metes and bounds description of the entire area under immediate development within the PUD;
    2. A subdivision plan containing all information required for a final plat by Title 16;
    3. An accurate metes and bounds description of each separate unsubdivided use area, including common space;
    4. Designation of the exact location of all buildings to be constructed, except those on conventional lots to be subdivided;
    5. All information required for the preliminary PUD plan in final form;
    6. Architectural plans unless waived by the city council during approval of the preliminary PUD plan;
    7. Final common open space documents conveying to a municipal or public corporation, nonprofit corporation, or entity established for the purpose of benefiting the owners and residents of the PUD or retained by the developer with legally binding guarantees, in a form approved by the city attorney, that the common open space shall be permanently preserved and maintained as open area. All land conveyed to a nonprofit corporation or entity shall be subject to the right of the corporation or entity to impose a legally enforceable lien for maintenance and improvement of the common open space;
    8. Final agreements, provisions, covenants or restrictions which shall govern the use, maintenance and continued protection of the PUD; and
    9. Final detailed public and private improvement plans as required by Title 16. Private roads shall be constructed to public road standards unless otherwise approved by the city council during approval of the preliminary PUD plan.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.120 Major Changes

  1. A change in the approved preliminary PUD plan or an approved final PUD plan that alters the concept or intent of the PUD shall only be approved by application of a new preliminary PUD plan as previously described. Examples of major changes included but are not limited to the following:
    1. A change in usage;
    2. A change in building configuration;
    3. An increase in floor area or building height;
    4. An increase in density;
    5. A reduction of open space;
    6. A change of location or increase in the areas of parking or private drives of roadways;
    7. A change in the location of public improvements or standards;
    8. A change in the final governing agreement, provisions, covenants or restrictions;
    9. A change in the underlying zoning district; and
    10. Any other major change.
  2. All approved major changes in the final PUD plan shall be recorded as amendments to the recorded final PUD plan.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.42.130 Minor Changes

Changes which do not alter the concept of intent of the approved preliminary or final PUD plan may be approved by the enforcing authority of this title. Minor changes are defined as any change which is not a major change.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

2008-24