Planned unit developments are intended to allow greater design flexibility than is permitted by the standard district regulations. They are also substantially different from other special uses so that specific and additional standards and exceptions are necessary to regulate these developments. Therefore, the regulations contained in this section are established to facilitate and encourage the construction of imaginative and coordinated small-to-large scale developments and to provide relief from the subdivision and zoning requirements which are designed for conventional developments.

These regulations are further established to provide for developments incorporating a single type such as residential or business, or a variety of related uses, such as a mixed-use development with business and residential uses, which are planned and developed as a unit; to assure adequate open space for recreation and other community purposes; to protect residential areas from undue traffic congestion; to encourage the most efficient use of land, which will result in more economic networks of utilities, streets, and other facilities; and thus to promote the general welfare of the community.

No planned unit development shall be authorized by the city council unless the following general provisions are met:

9-2.1.

The site of the proposed planned unit development is not less than five acres in area and is under single ownership and/or unified control. Where the applicant can demonstrate that the characteristics of the land are suitable to be planned and developed as a unit and in a manner consistent with the purpose and intent of this Ordinance and with the comprehensive plan of the city, the plan commission may consider projects with less acreage.

9-2.2.

The planned unit development will not substantially injure or damage the use, value and enjoyment of the surrounding property in accordance with the land use plan of the city.

9-2.3.

The uses permitted in the planned unit development are necessary or desirable and the need for such uses has been clearly demonstrated by the developer.

9-2.4.

The proposed development will not impose an undue burden on public facilities and services, such as sewer and water systems, police and fire protection.

9-2.5.

The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.

9-2.6.

The street system serving the planned unit development is adequate to carry the traffic that will be imposed upon the streets by the proposed development, and the streets and driveways on the site of the planned unit development will be adequate to serve the residents or occupants of the proposed development.

9-2.7.

When a planned unit development proposes the use of private streets, common driveways, private recreation facilities or common open space, the developer shall provide and submit as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained.

9-2.8.

The general development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, nonresidential uses and structures and public facilities as are necessary for the welfare of the planned unit development and the city. All such covenants shall specifically provide for enforcement by the City of Chicago Heights, in addition to the landowners within the development.

9-2.9.

The developer shall provide and record easements and covenants, and shall make such other arrangements as furnishing a performance bond, escrow deposit, or other financial guarantees as may be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.

9-2.10.

Any exceptions or modifications of the zoning, subdivision, or other regulations that would otherwise be applicable to the site are warranted by the design of the proposed development plan, and the amenities incorporated in it are consistent with the general interest of the public.

A residential planned development may be proposed for any land located within a residential district, or in an area designated for residential development in the comprehensive plan, provided that it meets the standards and criteria set forth in this chapter.

9-3.1.

Density. Residential density for a planned development shall not be greater than that specified in each use district for planned developments, nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned development is located as specified in said district for planned developments. The plan commission may recommend and the mayor and city council may grant a reduction in such lot area and dimensions, but not more than 20 percent when the planned development provides common open space equal to not less than ten percent of the gross area of the planned development.

9-3.2.

Business uses. Business uses may be included as part of a planned residential development when the plan commission finds that such business uses are beneficial to the overall planned development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than ten percent of the planned development.

9-3.3.

Open areas. The open areas provided in the part of the planned development containing only residential structures shall be preserved over the life of the planned development for use only by the residents of the planned development or dedicated to Chicago Heights, Illinois for school, park, playground or other public uses by an instrument or guarantee acceptable to the mayor and city council;

9-3.4.

Residential use. For that part of a planned development devoted to residential uses, the plan commission may recommend and the mayor and city council may approve, access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned development is located, provided;

9-3.5.

Access easements. That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwellings served;

9-3.6.

Spaces between buildings. The spacing between buildings shall be approved by the zoning board of appeals and shall be consistent with the application of recognized site planning principles for securing a unified development, and due consideration is given to the openness normally afforded by intervening streets and alleys. Minimum side yards between principal buildings within a part of a planned development where subsequent transfer of ownership is contemplated, shall be equivalent to side yards as would be required between buildings by district regulations for the district in which it is located;

9-3.7.

Yards. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the districts in which the planned development is located, and the plan is developed to afford adequate protection to neighboring properties as recommended by the zoning board of appeals, and approved by the mayor and city council; and

9-3.8.

Variations of minimum requirements. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction, or covenant, any land or space separate from single-family or multiple-family residential districts, to be used for parks, playgrounds, commons, greenways, or open areas, the zoning board of appeals may consider and recommend to the mayor and the city council, and the mayor and city council may vary the applicable minimum requirements of the subdivision regulations and the zoning ordinance which may include but not necessarily be limited to the following:

Rear yard;

Side yard;

Lot area;

Bulk;

Intensity of use;

Street width;

Sidewalks;

Public utilities;

Off-street parking.

A business planned unit development may be proposed within any business district in order to promote the cooperative development of shopping centers and business access points onto thoroughfares, to separate pedestrian and automobile traffic, to develop shopping centers of size and location compatible with market potential and adjoining land use, and to encourage harmonious architecture between adjacent commercial structures.

9-4.1.

Business uses. Business uses shall be as prescribed by the zoning board of appeals.

9-4.2.

Materials storage. All business and storage of materials shall be conducted or stored within a completely enclosed building.

9-4.3.

Lot coverage. Not more than 30 percent of the lot area shall be covered by buildings or structures.

9-4.4.

Landscape and open space. At least ten percent of the lot shall be provided for landscape and open space purposes.

9-4.5.

Off-street parking. Off-street parking shall be provided and maintained on the same lot based upon three square feet of parking space for each square foot of gross floor area unless the plan commission recommends and the mayor and city council approves additional off-street parking space.

9-4.6.

Service and loading and unloading facilities. Service and loading and unloading facilities shall be provided as recommended and approved by the zoning board of appeals.

9-4.7.

Street line. No building shall be located nearer than 50 feet to any street line.

9-4.8.

Screening. Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches, or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the zoning board of appeals.

9-4.9.

Outside lighting. Outside lighting shall be so designed and placed so as to not be disturbing to adjacent residential areas.

9-4.10.

Signs. Signs shall comply with the regulations of the business uses permitted in this Ordinance.

9-5.1.

Mixed-use planned unit developments may be proposed for business districts for the creation of an environment in which there is sufficient intensity of development for on-site commercial and residential uses, which uses, in conjunction with each other, create a self-contained, walking environment, and, at the same time, can provide commercial services to the surrounding community. Such a mixed-use development;

9-5.2.

Shall meet all the general requirements and standards in chapter 9 (PUD).

9-5.3.

Shall be limited to establishment only in business districts.

9-5.4.

Shall be limited to only residential and business uses.

9-5.5.

The percent of residential and commercial uses permitted will be determined by the city council, based on recommendations from the plan commission and the zoning board of appeals.

9-5.6.

The residential and business planned unit development standards which are applied to the mixed-use planned unit development shall be determined by the city council and shall be based, in part, on the specific mix of business and residential uses within the planned unit development.

9-6.1.

Purpose. A manufacturing and/or office park planned unit development may be proposed for any land located within a manufacturing district, or in an area designated for manufacturing in the comprehensive plan, in order to promote the establishment of manufacturing or office park planned unit developments that will provide a desirable grouping of manufacturing and/or office buildings with integrated designs and a coordinated physical plan with sufficient open space to provide a park-like setting.

9-6.2.

Open outdoor storage. Open outdoor storage shall be prohibited unless it is recommended by the plan commission and approved by the city council. If approved, any outside storage for equipment, raw materials, semifinished and finished products, waste or refuse must be located to the rear of the principal building and shall be screened from streets and adjoining property by a wall, solid fence or hedge at least eight feet in height.

9-6.3.

Employee and visitor parking. All employee and visitor parking as well as truck loading shall be provided entirely on the site (off-street) and shall be paved with an all-weather surface. No parking shall be permitted in front yard areas, except that visitor parking may be provided if properly screened or landscaped.

9-6.4.

Loading docks. All loading docks must be located at least 60 feet from the front lot line. No trucks, or portion thereof, shall be allowed to park on any street while loading or unloading.

9-6.5.

On-site electrical telephone or other utility lines. All on-site electrical telephone or other utility lines shall be underground and shall not be exposed on the exterior of any building or structure.

9-6.6.

Building construction and design. Building construction and design shall be used to create a structure with four equally attractive sides of high quality.

A planned unit development shall be granted as a special use to the zoning district in which it is located. The process for obtaining a planned unit development shall be as follows:

9-7.1.

Preapplication conference. A preapplication conference shall be held with the city planner. At such conference the applicant shall provide information as to the location of the proposed planned development; the uses, and approximate area of use category; a list of any and all exceptions to the subdivision and Zoning Ordinance of Chicago Heights; and any other information necessary to clearly explain the planned unit development to the city planner. The city planner shall review and consider the proposal as to its compatibility with the comprehensive plan and the goals and policies for planning of Chicago Heights and advise the applicant on the information, documents, exhibits, drawings, and any limitations on the proposal that should be included in the application to the city for a special use permit for planned unit development.

9-7.2.

Preliminary plat.

(a)

An application for approval of a preliminary plat of planned unit development shall be filed in writing with the city planner. The city planner shall forward the application to the city clerk for processing and to the city council. The city planner shall transmit the application to the planning commission for review and public hearing. The application shall contain such information as may be required.

(b)

The plan commission shall hold a public hearing within 30 days after filing of the application. Notice of the public hearing shall be published at least once not later than 15 days and not earlier than 30 days prior to the date of the public hearing, in a newspaper of general circulation in the city.

(c)

The applicant shall also give written notice to the persons to whom the current real estate tax bills are sent, as shown on the record of the local real estate tax collector, of all lots lying within 150 feet, exclusive of public right of way, of the property lines of the parcel of land for which the planned unit development is sought. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed, with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the city clerk, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of giving of said notices.

(d)

All published notices shall contain the number assigned to the application, the place, the nature, the purpose, and the date and time of such hearing, and the common address or location of the property in question, the name and address of the applicant and owner of the property, and the office address of the city clerk where full information including a legal description may be obtained concerning the application, and shall be published or served not more than 30 days nor less than 15 days in advance of such hearing.

(e)

The public hearing shall be conducted by the plan commission, and attended by the plan commission, the zoning board of appeals and the city council. A record of such proceedings shall be preserved in such manner as the plan commission shall, by rule, prescribe from time to time.

(f)

Findings of fact and recommendations. The plan commission shall make written findings of fact and will make these findings of fact, in detail, available to the zoning board of appeals, as described in chapter 33. The plan commission shall submit the findings of fact along with its recommendations to the city council within 30 days. The zoning board of appeals shall submit its recommendation to the city council within 30 days.

(g)

City council action. After recommendation by the plan commission and the zoning board of appeals, the city council may, by ordinance, grant, or grant with modification, the proposed planned unit development authorizing the planned unit development as a special use. If the city council does not approve of a planned unit development after recommendation by the plan commission and the zoning board of appeals, it may deny the planned unit development or refer the planned unit development back to the plan commission for further consideration.

(h)

Documents. Attached to the ordinance exhibits shall be the preliminary plat of planned unit development and supporting documents as necessary.

(i)

Approval of a preliminary plat of planned unit development shall not constitute final approval of the final plat of planned unit development, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat of planned unit development.

9-7.3.

Final plat.

(a)

The planned unit development may be final platted in segments. The final plat or plats of the planned unit development shall conform substantially to the preliminary plat of planned unit development as approved. The preliminary plat of planned unit development shall generally specify uses of land and locations of buildings, whereas the final plat of planned unit development shall designate with particularity the uses of land and the locations of buildings.

(b)

An application for approval of a final plat of planned unit development shall be filed in writing with the city planner. The city planner shall forward the application to the city clerk for processing and to the city council. The city planner shall transmit the application to the plan commission for review. The application shall contain such information as may be required. Prior to plan commission deliberation, all information and data in accordance with chapter 13, Administration, of this Ordinance shall be submitted. The plan commission shall commence the review within 30 days after filing the application.

(c)

The reviews shall be conducted by the plan commission, and records of the proceedings shall be preserved in such manner as the plan commission shall, by rule, prescribe from time to time.

(d)

The plan commission shall make written findings of fact and shall submit same together with each group's recommendations to the city council within 30 days of filing the application.

(e)

After recommendation by the plan commission, the city council may, by ordinance, grant, or grant with modification, the proposed planned unit development authorizing the planned unit development as a conditional use. If the city council does not approved of a planned unit development after recommendation by the plan commission, it may deny the planned unit development or refer the planned unit development back to the plan commission for further consideration. Attached as exhibits to the ordinance authorizing the planned unit development as a conditional use shall be the final plat of planned unit development and supporting documents as necessary.

9-8.1.

Information and data. For each stage in the planned unit development review process, the following information and data shall be submitted:

(a)

Data regarding site conditions, land characteristics, available community facilities and utilities, and other related general information about uses of land within ½ mile of the subject parcel of land.

(b)

Sketch drawing showing the proposed location of the uses of land, major streets and other features

(c)

Property survey and legal description of the subject parcel of land.

(d)

A written statement justifying the need for a planned unit development.

9-8.2.

Preliminary plat. The following information and data are required for the preliminary plat:

(a)

A drawing of the planned unit development, at a scale of 100 feet to one inch, composed of one or more sheets showing the following information:

(1)

Title by which the proposed planned unit development is to be referred.

(2)

Legal description of the property and total acreage included.

(3)

Date, scale, north point, and date of preparation.

(4)

Name and address of the owner, applicant, engineer and land surveyor.

(5)

Location of corporate boundary, county and township lines at or near the planned unit development.

(6)

Location, dimensions and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.

(7)

Location and dimensions of proposed streets, alleys, easements, and storm water control areas.

(8)

Dimensions of the lots into which the property is proposed to be subdivided.

(9)

Density of the planned unit development for both the entire development and individual land use areas.

(10)

Location map showing the location of the planned unit development within the city.

(11)

Character of the surrounding area within 200 feet of the planned unit development including existing land uses, subdivisions of lands, location and dimensions of streets, alleys, easements, and storm water control areas, and location of buildings and structures.

(12)

The zoning classification of the subject property and the surrounding area within 200 feet.

(13)

Location and dimensions of existing streets, alleys, easements, storm water control areas, buildings, structures and public utilities within the planned unit development.

(14)

Plan for sidewalks or pedestrian access and circulation.

(15)

General internal uses of each building or structure.

(16)

Ground elevations on the tract showing one-foot contours for land that slopes less than ½ percent, two-foot contours for land that slopes more than ½ percent; spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions (refer to USGS Datum in compiling data).

(17)

Flood plain lines as to be delineated by the applicable USGS flood quadrangle or other documents adopted by the city as part of the flood plain regulations.

(18)

Character: an explanation of the character of the planned unit development, the reasons why it needs the flexibility of the planned unit development regulations, how the official plan affects the property, and how it accomplishes the purposes of the planned unit development regulations.

(19)

Design schedule: a listing of the area, lot width, yard height and bulk requirements applicable to the planned unit development.

(20)

Service facilities: information on all service facilities and off-street parking facilities.

(21)

Preliminary engineering: engineering in sufficient detail which will convey the general basis of design of the sanitary sewer, water, storm water control, flood control and street facilities.

(22)

Natural features study: an analysis of the natural features and drainage patterns of the property.

(23)

Geological and soil analysis: an examination of the adequacy of the property for development.

(24)

Impact studies: impact studies and geological analysis and other information and data as the plan commission may require for the full and complete consideration of the planned unit development.

9-8.3.

Final Plat. The following information and data are required for the final plat:

(a)

A drawing of the planned unit development, suitable for recording with the County Recorder of Deeds, showing the following information:

(1)

Designation with particularity the uses of the land and the location of buildings and structures.

(2)

Title under which the proposed planned unit development is to be recorded.

(3)

Legal description of the property and total acreage included.

(4)

Date, scale, north point and date of preparation.

(5)

Location, dimensions and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.

(6)

Location and dimension of proposed streets, alleys, easements, and storm water control areas.

(7)

Dimensions of the lots into which the property is proposed to be subdivided.

(8)

Plan for sidewalks or pedestrian access and circulation.

(9)

Population estimate: a calculation of population equivalents for residential development.

(10)

Design schedule: a listing of the area, lot width, yard, height, and bulk requirements applicable to the planned unit development.

(11)

Statement of intent and agreement: a document by the applicant setting forth the nature, kind, character and the extent of all the public improvements to be constructed, the specific park and school donation, applicable fees and charges, agreement on cost sharing of public improvement, and agreement on any other items.

(12)

Financing surety: guarantee of funds.

(13)

Covenants: final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development.

(14)

Final engineering: complete and detailed engineering which shows the design of the sanitary sewer, water, storm water control, flood control, and street facilities including specifications.

(15)

Cost estimate: estimates of cost for all public improvements.

(16)

Other information and data as the plan commission may require for full and complete consideration of the planned unit development.

A planned unit development shall be constructed in accordance with the approved preliminary or final plat of planned unit development and all supporting data. These plats shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structures in the planned unit development as indicated on the plats.

9-9.1.

Changes. Changes to the planned unit development shall be considered to be either a major change or a minor change.

9-9.2.

Major changes. Major changes are modifications which alter the concept or intent of the planned unit development. Factors which shall be considered in determining whether a proposed change constitutes a major or a minor change include:

(a)

For nonresidential components of a PUD:

(1)

Proposed changes to the following components which constitutes a greater than ten percent cumulative increase or decrease, based on the first preliminary plat approved by the city for the project:

a.

Gross floor area of a nonresidential building; or

b.

Acres of area used for nonresidential purposes; or

c.

Total gross floor area of all of the nonresidential buildings in the project; or

d.

Total number of parking spaces for the project;

(2)

Change in location or type of land use;

(3)

Change in type, number or location of buildings;

(4)

Greater than a ten percent increase in the height of a building;

(5)

Change in the functional classification of a roadway; or

(6)

Reduction in the acreage of open space.

(b)

For residential components of a PUD:

(1)

The proposed changes constitute a greater than ten percent cumulative change in the number of dwelling units in the PUD, based on the first preliminary plat approved by the city for the project; or

(2)

The proposed changes constitute a greater than ten percent cumulative change in the height of any building or structure in the PUD other than single-family detached dwelling units, based on the first preliminary plat approved by the city for the project; or

(3)

Change in the location, size or types of dwelling units or land uses; or

(4)

Change in the functional classification of a roadway; or

(5)

Reduction in the acreage of open space;

(6)

A revised preliminary plat of planned unit development and supporting data shall be submitted upon a major change. The procedure for approval shall be in accordance with the provisions this Ordinance. If a final plat of planned unit development has also been approved, it shall also be amended at the time of approval of the revised preliminary plat of planned unit development.

9-9.3.

Minor changes. Minor changes are changes not defined as major changes and which do not alter the concept or intent of a PUD.

(a)

A statement of intent and concept (SIC) to serve as the basis for determination of a major or minor change shall be placed on the first preliminary plat approved by the city for the project.

(b)

Nothing in these regulations shall prevent the city planner from recommending to the city council that a minor change be referred to the plan commission for a public hearing.

(c)

Minor changes shall be approved by the city council without the review and recommendation of the plan commission and the zoning board of appeals. This provision shall not prohibit the city council from requesting of the plan commission and zoning board of appeals their review and recommendation.

The plan commission shall not recommend nor the city council grant a planned unit development unless it shall make findings based upon the evidence presented to it in each specific case that:

9-10.1.

The design of the planned unit development presents an innovative and creative approach to the development of land and living environments.

9-10.2.

The planned unit development meets the requirements and standards of the planned unit development regulations.

9-10.3.

The physical design of the planned unit development, efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.

9-10.4.

Open space areas and recreational facilities are provided.

9-10.5.

The modifications in design standards from the subdivision control regulations and the waivers in bulk regulations from the zoning regulations fulfill the intent of those regulations.

9-10.6.

The planned unit development is compatible with the adjacent properties and the neighborhood.

9-10.7.

The planned unit development fulfills the objectives of the comprehensive plan and the planning policies of the city.

The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions:

(a)

Final platting does not occur within two years from the date of approval of the preliminary plat of planned unit development.

(b)

Construction does not commence and proceed within two years from the date of approval of the final planned plat of a planned unit development.

9-11.1.

The city council may initiate or the owner of the parcel of land on which the planned unit development is to be constructed may apply for the revocation of the planned unit development. Said owner shall be notified, in writing, at least 30 days prior to the city council consideration of the revocation.

9-11.2.

Upon the revocation of the planned unit development, the parcel of land shall conform to the permitted uses and other regulations of the zoning district of which it is a conditional use unless an amendment or other conditional use is initiated by the city council or is applied for by the owner of the parcel of land on which the planned unit development was to be constructed and granted by the city council.