The purpose of these planned development regulations is to:

   A.   Encourage flexibility in the development of land in these districts in order to promote its most appropriate use.

   B.   Provide a creative approach to the use of this land and its related physical facilities that results in better development and design and the construction of aesthetic amenities which will enhance the character of the site.

   C.   Provide an efficient use of the land resulting in economic networks of utilities, streets and other facilities.

   D.   Provide a land use which promotes the public health, safety, comfort and welfare and preserves and upgrades the character of the area and the adjoining properties.

   E.   Provide for development that would not be possible under the strict application of the other sections of this Title.

Planned developments are allowed as a special use in each zoning district, subject to the standards and procedures set forth in Chapter 12 of this Title.

   A.   Except as modified by and approved in the ordinance approving a final development plan, a planned development shall be governed by the regulations of the zoning district or districts in which the said planned development is located.

   B.   The ordinance approving the final development plan for the planned development may provide for such exceptions from the district regulations governing use, density, area, bulk, parking and signs and the subdivision design standards as may be desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this Chapter.

The Plan Commission may recommend to the City Council, and the City Council may grant a special use permit which modifies the applicable district zoning regulations and subdivision regulations upon written finding by the Plan Commission that the planned development meets the applicable standards and criteria contained in this Section. Such written findings shall set out the reasons supporting each finding and shall support each of the following standards and the applicable provisions as set forth herein:

   A.   The proposed development will not injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the comprehensive land use plan of the City.

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

   C.   The entire tract or parcel of land to be occupied by the proposed development shall be held in a single ownership, or if there are two (2) or more owners, the application for such proposed development shall be filed jointly by all such owners.

   D.   The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk and location of buildings, uses and structures, and public facilities as are necessary for the welfare of the planned development and are not inconsistent with the best interests of the City. Such covenants, easements and other provisions, if part of the development plan as finally approved, may be modified, removed or released only with the consent of the City Council after a public hearing before and recommendations by the Plan Commission as provided herein. All such covenants shall specifically provide for enforcement by the City in addition to the landowners within the development.

   E.   The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas or accessways, shall be landscaped or otherwise improved.

   F.   The minimum project area for planned developments shall be one acre.

   G.   The minimum project area shall be adaptable to unified development and shall have within or through the area no major thoroughfare or other physical features which will tend to destroy the neighborhood or community cohesiveness.

   H.   The dominant use in the proposed planned development shall be consistent with the recommendations of the comprehensive plan of the City and the goals and policies of the City for the area containing the project.

   I.   Any modifications of the zoning or other regulations that would otherwise be applicable to the site when warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the interest of the public generally.

In addition to the foregoing standards and criteria, planned residential developments shall comply with the standards and criteria set forth hereinafter. For the purpose of this Section, a planned development shall be deemed to be a planned residential development whenever eighty percent (80%) or more of the total lot area in the development is used for residential purposes.

All buildings on the perimeter of the planned development shall be located in such a way to conform to the following:

   A.   The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required by the zoning ordinance for the district in which such development is located, and the Plan Commission may require greater setbacks when necessary to protect the privacy of both the planned development and the existing adjacent uses.

   B.   If topographical or other barriers do not provide adequate privacy for the planned development and for existing uses adjacent to the development, the Plan Commission shall require that all structures located along the entire perimeter of the planned development be permanently screened with sight-proof screening in a manner which is sufficient to protect said privacy.

Common open space shall be provided as a condition to the approval of a planned residential development. No open area may be delineated or accepted as common open space under the provisions of this Section unless it meets the following standards:

   A.   The location, shape, size and character of the common open space must be suitable for the planned development.

   B.   Common open space must be used for recreational purposes or to provide visual, aesthetic and environmental amenities. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.

   C.   Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements to be located in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.

   D.   The development schedule which is part of the final development plan must coordinate the improvement of the common open space, the construction of the buildings, structures and improvements in the common open space and the construction of residential dwellings in the planned development.

   E.   No portion of a planned development shall be conveyed or dedicated to public use by the developer or any other person to any public body or a homeowner's association unless the Plan Commission has determined that the character and quality of the tract to be conveyed makes it suitable for the purposes for which it is intended. When making its determination, the Plan Commission shall give consideration to the size and character of the dwellings to be constructed within the planned development, the topography and existing trees, ground cover and other natural features; the manner in which the open area is to be improved and maintained for recreational or amenity purposes; and the existence of public parks or other public recreational facilities in the vicinity.

   F.   All land shown on the final development plan as common open space must either be:

      1.   Conveyed to a public body, if said public body agrees to accept conveyance, to maintain the common open space and any buildings, structures or improvements which have been placed on it; or

      2.   Conveyed to a homeowner's association or similar organization organized for the purpose, among others, of owning and maintaining common buildings, areas and land within the planned development. The common open space must be conveyed subject to covenants to be approved by the Plan Commission which restricts the common open space to the uses specified on the final development plan, and which provides for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

Any streets, alleys and driveways proposed shall be adequate to serve the residents, occupants, visitors or other

anticipated traffic of the planned development, but may be designed so as to discourage outside through traffic from traversing the development. The entrance points or locations of the streets, alleys and driveways, upon previously existing public roadways, shall be subject to the approval of the Plan Commission.

Off-street parking shall be conveniently accessible to all dwelling units and other uses. When appropriate, common driveways, parking areas, walks and steps may be provided, maintained and lighted for night use. Screening of parking and service areas shall be required through ample use of trees, shrubs, hedges or screening walls.

The pedestrian circulation system and its related walkways shall be insulated as completely as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.

All of the planned development shall provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm sewer facilities. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the City.

When nonresidential uses or structures in the planned development abut a residence or residentially zoned district, or when nonresidential uses or structures abut residential buildings in the same development, appropriate screening and transitional yards shall be as determined by the Plan Commission.

For convenience centers located within a planned residential development, exceptions may be made to the use and other regulations of the underlying district subject to the following restrictions:

   A.   The lot area of such facilities shall not exceed twenty percent (20%) of the total lot area of the planned development.

   B.   Layout of parking and loading areas, service areas, entrances, exits, yards, courts and landscaping and the control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the residential areas within or adjoining the development.

   C.   Such facilities, by reason of their location, construction, manner of timing of operation, shall not have adverse effect on residential uses within or adjoining the development, or create traffic congestion or hazard to vehicular or pedestrian traffic.

In addition to the foregoing general standards and criteria, planned business or office developments shall comply with the standards and criteria set forth hereinafter.

No building shall be used as a residence.

No building or other structure that exceeds thirty five feet (35') in height shall be located within twenty five feet (25') of the front line of such development, provided that an exception may be made for elevator penthouses, mechanical equipment, water towers and decorative building projections or other accessory structures or appurtenances.

The lot coverage of structures in the planned business or office development shall not exceed fifty percent (50%) of the zoning lot.

When structures or uses in a planned business or office development abut a residence district or residential building in the same development, sight-restricting screening shall be provided. In no event shall any structure in a planned business or office development be located nearer than fifty feet (50') to a single-family residential district.

All businesses shall be conducted and all merchandise and materials shall be displayed and stored within a completely enclosed building.

Off-street parking and loading spaces shall be provided as required by Chapter 10 of this Title.

Outside lighting shall be so designed and placed so as not to cast direct illumination on any adjacent or nearby residential areas.

The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the enterprises located in the proposed development.

All of the planned development shall provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities.

Planned developments which do not qualify as a planned residential development, as set forth in Section 10-9-2, and which are not exclusively for business or office use, shall be subject to the standards and requirements as set forth herein for each class of planned development.

   A.   Before submitting an application for a planned development, the applicant shall confer with the Countryside Plan Commission and the Building Department to obtain information and guidance before entering into binding commitments or incurring substantial expense.

   B.   Application shall be made on forms supplied by the City.

   C.   Application for approval of a planned development shall be made in accordance with the provisions of this Title relating to special uses, 1 except as specifically provided herein to the contrary.

   D.   An application must be accompanied by a preliminary development plan. The application and accompanying drawings shall be submitted to the Plan Commission for public hearing and analysis.

   E.   Within one year following the approval of the preliminary development plan, the applicant shall file with the City Council a final development plan completing in final form all other information required in Section 10-9-5-4 hereof.

   A.   An applicant may submit an outline development plan to the Plan Commission for tentative review and approval prior to incurring the expense associated with formal site plan submission in order to discover whether the City will accept a planned development of the type proposed at the site proposed. An outline development plan shall include maps and written statements and shall describe enough of the surrounding area to show the relationship of the planned development to adjoining uses both existing and proposed.

Maps which are part of the outline development plan may be in general form, and shall contain the proposed land uses, the natural features of the site, the character and approximate density of dwellings, the approximate location of major thoroughfares and the water, sewage and drainage systems proposed.

The written statement shall contain a general explanation of the size and character of the planned development including a statement of the present ownership of all the land within the planned development and expected schedule of construction.

   B.   The Countryside Plan Commission shall review the outline development plan within ninety (90) days after receipt of such plan, and shall prepare a written report containing its recommendations for the City and the applicant.

   A.   Preliminary development plan is required of any applicant for a planned development permit. The preliminary development plan shall contain all items required in an outline development plan, if no outline development plan has been filed, and shall also include ten (10) copies of the following:

      1.   A map showing streets, lots, parcels and sites for all uses including the planned unit development, including areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and quasi-public uses of common areas.

      2.   A plat plan for each building site and common open area, showing the approximate location of all buildings, structures and improvements and indicating the open space around buildings and structures.

      3.   Schematic design presentation indicating the architectural character of all proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail.

      4.   A development schedule indicating:

         a.   The approximate date when construction of the project can be expected to begin;

         b.   The stages in which the project will be built and the date when construction of each stage can be expected to begin;

         c.   The date when the development of each of the stages will be completed; and

         d.   The area and location of common open space that will be provided at each stage.

      5.   Proposed agreements, by-laws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its common open areas or other facilities referred to under paragraphs 1 and 2 above.

      6.   If the Plan Commission finds that the planned development creates special difficulties, the following information may be required:

         a.   A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development to and from existing thoroughfares.

         b.   A general landscape plan.

         c.   A traffic circulation and generation study.

         d.   A drainage plan with analysis of the impact that the development creates on the site and on the surrounding areas.

         e.   A market analysis, feasibility report and statement of proposed financing.

         f.   A tax impact report and population projection for residential uses.

   B.   The Plan Commission shall review the preliminary development plan and shall recommend whether it is in substantial compliance with the goals and policies of the City and if it complies with all other standards in this Title for planned developments.

   C.   The Plan Commission shall, within sixty (60) days of receiving a preliminary development plan, complete in all respects, hold a public hearing after due public notices, and shall, within sixty (60) days thereof, recommend to the City Council the approval or denial of the proposed planned development, and shall include not only conclusions but also findings of fact related to the specific proposal, and shall set forth particularly in what respects the proposal would or would not be in the public interest including, but not limited to, findings of fact on the following:

      1.   In what respects the proposed plan is or is not consistent with the stated purpose of the planned development regulations.

      2.   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk, and use and the reasons why such departures are or are not to be in the public interest.

      3.   The extent to which the proposed plan meets the requirements and standards of the planned development regulations.

      4.   The physical design of the proposed planned development and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment.

      5.   The compatibility of the proposed planned development with the adjacent properties and neighborhood.

      6.   The desirability of the proposed planned development to physical development and economic well being of the entire community.

      7.   The conformity with the recommendations of the comprehensive plan and the goals and policies for planning of the City of Countryside.

   D.   Within thirty five (35) days, the City Council shall then approve, approve with modifications or disapprove the preliminary development plan. However, no plats shall be recorded and no building permits issued until a final development plan has been approved by the City Council.

   A.   Within one year following the approval of the preliminary development plan, the applicant shall file with the Plan Commission a final development plan for the first stage of development, containing in final form the information required in the preliminary plan. The final development plan shall also include the following:

      1.   A final land use plan, suitable for recording with the County Recorder of Deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

      2.   An accurate legal description of the entire area under immediate development within the planned development.

      3.   If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat. To the extent that compliance with the subdivision regulations of the City 1 may be required, public hearings for such purposes shall be held at the same time as the hearings required under the provisions of these planned development regulations.

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

      5.   Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.

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

      7.   Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre.

      8.   Landscaping plan.

      9.   Utilities and drainage plan.

      10.   Final agreements, by-laws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its common open areas or other common facilities.

      11.   Final development and construction schedule.

   B.   The final development plan shall be approved as follows:

      1.   The Plan Commission shall review the final development plan within forty five (45) days of its submission and shall recommend approval if it is in substantial compliance with the preliminary development plan. The Plan Commission shall certify to the City Council that the final development plan is in conformity with the previously filed preliminary development plan.

      2.   The City Council shall approve the final development plan if it is in conformity with the preliminary development plan and pass an appropriate ordinance granting the special use permit.

      3.   If the Plan Commission finds that the final development plan does not substantially conform to the preliminary development plan, it shall so notify the applicant and the City Council in writing within forty five (45) days of submission.

If no substantial construction has begun or no use established in the planned development within the time stated in the final development and construction schedule of the final development plan, the special use permit for planned development shall lapse upon written notice to the applicant from the City Council and shall be of no further effect. In its discretion and for good cause, the City Council may extend for a reasonable time not to exceed one year, the period from the beginning of construction or the establishment of a use. The zoning regulations applicable before the special use for planned development was approved shall then be in effect.

   A.   The Zoning Administrator may issue permits for site of building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations.

   B.   However, the Zoning Administrator shall not issue an occupancy permit for any building or structure shown on the development plan of any stage of the planned development unless the open space and public facilities allocated to that stage of the development schedule have been conveyed to the proper authorities. He shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable regulations and ordinances of the City.

   A.   The Zoning Administrator shall periodically review all permits issued for the planned development, examine all the construction that has taken place on the planned development site, and compare actual development with the approved development schedule.

   B.   If the Zoning Administrator shall find that the owners of the property in the planned development area have failed to meet the approved development schedule, or that the rate of construction of dwelling units is greater than the rate at which common open space and public and recreational facilities have been constructed and provided, he shall notify the Plan Commission and City Council in writing.

   C.   Within thirty (30) days of such notice, the City Council shall either revoke the special use permit and the land shall revert to its former classification, or, for good cause shown by the landowner, the limits of the development schedule shall be extended for a reasonable time.

No changes may be made to the approved final development plan during the construction of the planned development except upon the application to the appropriate agency under the following procedures:

   A.   Minor changes in the location, siting, and height of buildings and structures may be authorized by the Plan Commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this Section may increase the cube of any building or structure by more than ten percent (10%).

   B.   All other changes in time schedule and in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of common open space and all other changes in the approved final development plan shall be made by the City Council, upon recommendation of the Plan Commission under the procedures authorized by this Title for approval of the special use permit. No amendments may be made in the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved. A self-imposed hardship shall not be a valid reason for change.

   C.   Any changes approved shall be recorded as amendments to the recorded copy of the final development plan. (Ord. 80-2-0, Dec. 1979)