Diamond City Zoning Code
PLANNED UNIT
DEVELOPMENTS PUD
§ 151.245 PURPOSE.
(A) The PUD, planned unit development regulations are intended to accommodate development that provides public benefits but that may be difficult if not impossible to carry out under otherwise applicable zoning and subdivision regulations.
(B) Examples of the types of developments that are appropriate for approval through the PUD regulations include the following:
(1) Enhanced protection of natural resource areas. Developments that offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, woodlands, wildlife habitats and native plant communities.
(2) Traditional urban development. Developments characterized by lot configurations, street patterns, streetscapes, and neighborhood amenities commonly found in neighborhoods platted or otherwise created before the 1950s.
(3) Mixed-use development. Developments that contain a complementary mix of residential and nonresidential uses.
(4) Sustainability. Developments that incorporate sustainable (“green”) building and development practices, as evidenced by attainment of LEED “certified,” “silver,” “gold” or “platinum” status.
(Ord. 2015-08, § 16.01, passed 6-23-2015)
§ 151.246 OBJECTIVES.
(A) Different types of PUDs will promote different planning goals.
(B) In general, however, PUDs are intended to promote the following objectives:
(1) Implementation of and consistency with the village’s adopted plans and policies, including the Comprehensive Plan;
(2) Flexibility and creativity in responding to changing social, economic and market conditions allowing greater public benefits than could be achieved using conventional zoning and subdivision regulations;
(3) High levels of energy conservation and environmental sustainability;
(4) Advancement of economic opportunity and social equity;
(5) Variety in housing types and sizes to accommodate households of all ages, sizes, incomes and lifestyle choices;
(6) Compact, mixed-use development patterns where residential, commercial, civic, and open spaces are located in close proximity to one another;
(7) A coordinated transportation system that includes an inter-connected hierarchy of facilities for pedestrians, bicycles, and vehicles;
(8) Compatibility of buildings and other improvements as determined by their arrangement, massing, form, character and landscaping;
(9) The incorporation of open space amenities and natural resource features into the development design;
(10) Stormwater BMPs (best management practices); and
(11) Attractive, high-quality landscaping, lighting, architecture and signage that reflect the unique character of the development.
(Ord. 2015-08, § 16.02, passed 6-23-2015)
§ 151.247 GENERAL PROVISIONS.
(A) Unified control. The site must be under single ownership and/or unified control at the time of final plat approval.
(B) Streets. Minimum right-of-way widths of 50 feet are required.
(C) Developer’s statement of intent. Each PUD application must include a written explanation from the applicant describing the overall community benefits of the proposed development and how the proposed development provides greater benefits to the village than would a development carried out in accordance with otherwise applicable zoning and subdivision regulations.
(D) Approval criteria. A PUD may be approved only when the Village Board determines that the proposed PUD would result in a greater benefit to the village than would development under conventional zoning regulations. Such greater benefit may include implementation of adopted planning policies, natural resource preservation, urban design, neighborhood/community amenities or an overall level of development quality.
(E) Regulations eligible for waiver of modification. Unless otherwise expressly approved by the Village Board as part of the PUD approval process, PUDs are subject to all applicable regulations of this zoning chapter and the Subdivision Ordinance. The Village Board is authorized to approve PUDs that deviate from strict compliance with specified regulations and standards if they determine that the resulting development satisfies the approval criteria of division (D) of this section.
(F) Conditions and guarantees. Before approving a PUD, the Planning and Zoning Commission may recommend, and the Village Board may impose conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and ensure compliance with applicable regulations and standards. The Village Board may require such evidence and guarantees as it deems necessary to ensure ongoing compliance with conditions stipulated in the approved PUD.
(Ord. 2015-08, § 16.03, passed 6-23-2015)
§ 151.248 RESIDENTIAL DENSITY.
(A) Facility and service adequacy. Before approving any density increase, the Village Board must determine that the increased density can be supported by existing and planned public facilities and services.
(B) General public benefit. The maximum allowable residential density of the subject zoning district may be increased by up to 10% above the maximum density allowed by the subject zoning district if the Village Board determines that such an increase is warranted to support the public benefit likely to result from the proposed development.
(C) Sustainability.
(1) If the developer commits to attainment of Leadership in Energy and Environmental Design – Neighborhood Development (LEED-ND) certification or an equivalent or higher level of sustainability as certified by a village-approved accreditation organization, the Village Board may allow the maximum residential density of the subject zoning district to be increased above the maximum density allowed by the subject zoning district, in accordance with the following table.
LEED Certification Level | Maximum Allowable Density Increase |
Certified | 10% |
Silver | 15% |
Gold | 20% |
Platinum | 25% |
(2) Because sustainable or “green” project certifications cannot occur until after development is completed, any density bonuses granted must be based on the developer’s good faith commitment to achievement of the applicable sustainability level.
(a) The developer (applicant) must submit a binding letter of intent that communicates his or her commitment to achievement of the required sustainability level.
(b) The village will then issue subsequent approvals based on this commitment.
(c) A letter of credit, other village-approved financial guarantee or other reliable method must be established by the Village Board at the time of approval to ensure ultimate compliance with the required sustainability level.
(d) Any forfeited financial guarantees and all penalties collected must be contributed to a green building fund dedicated to supporting market adoption of green building practices.
(Ord. 2015-08, § 16.04, passed 6-23-2015)
§ 151.249 PLANNED UNIT DEVELOPMENT PROCEDURE.
(A) Overview. There are 2 types of planned unit developments (PUD):
(1) One that requires concurrent approval of a special use permit and subdivision plat (because the property is being subdivided and is subject to village subdivision regulations); and
(2) One that requires concurrent approval of a special use permit and a development plan (because the property is not being subdivided and is subject to village subdivision regulations).
(B) Approvals required. Approval of special use permits and preliminary and final plats or development plans must occur before any building permit is issued and before any development takes place in a PUD. Permits may be issued for a development phase if a PUD preliminary plat or development plan has been approved for the entire PUD and a PUD final plat or development plan has been approved for the subject phase.
(C) Pre-application meeting. A pre-application meeting is required before filing of a PUD preliminary plat or development plan application. See the Subdivision Ordinance for information on pre-application meetings (§ 153.015).
(D) Preliminary plats and development plans.
(1) Preliminary plats must be processed in accordance with the preliminary plat procedures of the Subdivision Ordinance.
(2) Preliminary plans (for single lot PUDs and developments that are not required to be subdivided) must be processed in a similar manner as preliminary plats.
(3) Final approval of the preliminary plat or preliminary development plan is contingent on approval of a special use permit for the PUD.
(4) The following information must be submitted with the preliminary plat, unless waived by the Zoning Administrator based on a determination that specific item of information are irrelevant to the subject application or that a thorough and competent review of the application can be conducted without receiving the specific information:
(a) Architectural plan. Preliminary architectural plans for all principal buildings in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size, type of dwelling units, location, and height, except for single-family structures proposed to be constructed in compliance with the applicable zoning district structural requirements.
(b) Plan compliance. Demonstration that the PUD will conform with the intent and spirit of the Village Comprehensive Plan.
(c) School impact analysis. Information on the student count and financial impact on local school districts.
(d) Tax impact analysis. Information on the taxes to be generated by the proposed project and the cost for the various taxing bodies to provide the necessary services (commonly referred to as a fiscal impact analysis).
(e) Traffic study. A traffic study of the impact of the proposed development on the village’s roadway system.
(f) Economic feasibility. An economic feasibility study of the proposed development, including information on land utilization and marketing potential.
(g) Objectives. A statement of objectives to be achieved by the PUD. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.
(h) Character. Explanation of the character of the PUD and the manner in which it has been planned to take advantage of the flexibility of these regulations and referencing the specific public benefits that will be provided if the PUD is approved.
(i) Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the County Recorder of Deeds. The site must be under single ownership and/or unified control at the time of final plat approval.
(j) Schedule. A development schedule indicating:
1. Stages in which the project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage must be shown on the plat/plan and through supporting graphic material.
2. Approximate dates for beginning and completion of each stage.
3. If different land use types are to be included within the PUD, the schedule must include the mix of uses to be built in each stage.
(k) Covenants. Proposed agreements, provisions, or covenants that will govern the use, maintenance, and continued protection of the PUD.
(l) Density. Data on the density (including density bonuses) of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each building and dwelling unit type.
(m) Nonresidential and common open space. Information on the type and amount of ancillary and nonresidential use, including the amount of common open space, if applicable.
(n) Service facilities. Information on all service facilities and off-street parking facilities.
(E) Special use permit. Special use approval for the PUD is required, in accordance with the procedures of § 151.209. A (tentatively) approved preliminary plat or preliminary development plan must be submitted as evidence before the Planning and Zoning Commission at the required public hearing. Proposed aspects of the project that do not comply with village regulations must also be identified at or before the hearing. Departure from any requirement specified in this zoning chapter may be granted only upon recommendation of the Planning and Zoning Commission and final approval by the Village Board. Special use permits for PUDs may be approved only if the proposed development is found to comply with PUD regulations of this section.
(F) Improvement plans. Improvement plans for PUDs involving the subdivision of land must be approved in accordance with the Subdivision Ordinance.
(G) Final plat and development plan.
(1) Final plats must be processed in accordance with the final plat procedures of the Subdivision Ordinance.
(2) Final plans (for single lot PUDs and developments that are not required to be subdivided) must be processed in a similar manner as final plats.
(3) All common open space must be conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the PUD, or retained by the developer with legally binding guarantees, in a form approved by the village’s Attorney, verifying that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity is subject to the right of the entity to impose a legally enforceable lien for maintenance and improvements of the common open space.
(H) Amendments.
(1) Major amendments. Major amendments may be approved only through the procedure required for approval of the PUD. Major amendments are those that materially alter the approved PUD, including increases in density, increases in overall building coverage, substantial change of use or traffic circulation pattern, reductions in off-street parking and loading spaces, increases in the height of buildings (other than changes in roof design), reduction of proposed open space, changes in total bedroom count, substantial changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants.
(2) Minor amendments. The Zoning Administrator is authorized to approve minor amendments that do not involve engineering issues. The Village Engineer has authority to approve minor amendments that involve engineering issues. Minor amendments are those that are not classified as major amendments and that do not, in the determination of the Zoning Administrator or Village Engineer, materially alter the approved PUD in a way that is likely to result in significant impacts on surrounding property.
(Ord. 2015-08, § 16.05, passed 6-23-2015)
APPENDIX A: PLANT MATERIALS
(A) Overstory trees.
Recommended Overstory Trees* | |
Botanical Name | Common Name |
Recommended Overstory Trees* | |
Botanical Name | Common Name |
Acer nigrum var. | Black Maple |
Acer rubrum var. | Red Maple |
Acer saccharum var. | Sugar Maple |
Aesculus glabra | Ohio Buckeye |
Carya ovata | Shagbark Hickory |
Celtis occidentalis | Hackberry |
Corylus columa | Turkish Filbert |
Ginko biloba (male only) | Maidenhair Tree |
Gleditsia triancanthos inermis var. | Thornless Honeylocust |
Gymnocladus dioicus | Kentucky Coffetree |
Juglans nigra | Walnut |
Liriodendrin tulipifera | Tuliptree |
Ostrya virginiana | Ironwood |
Plantanus acerifolia | London Planetree |
Plantanus ocidentalis | Sycamore |
Pyrus calleryana | Callery Pear |
Quercus alba | White Oak |
Quercus bicolor | Swamp White Oak |
Quercus ellipsoldalis | Hill’s Oak |
Quercus imbricaria | Shingle Oak |
Quercus macrocarpa | Bur Oak |
Quercus muehlenbergii | Chickapin Oak |
Quercus palustris | Pin Oak |
Quercus robur | English Oak |
Quercus rubra | Red Oak |
Quercus velutina | Black Oak |
Syringa reticulate | Japanese Tree Lilac |
Taxodium distichum | Bald Cypress |
Tilia americana | American Linden |
Tilia cordata var. | Littleleaf Linden |
Tilia euchlora “Redmond” | Redmond Linden |
Tilia vulgaris | European Linden |
Tilia tomentosa | Sterling Silver Linden |
Ulmus var. | Elm (newer hybrids) |
* Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices | |
(B) Understory trees.
Recommended Understory Trees* | |
Botanical Name | Common Name |
Recommended Understory Trees* | |
Botanical Name | Common Name |
Alnus glutinosa | European Black Alder |
Amelanchier canadensis | Shadow Serviceberry |
Amelanchier grandiflora | Apple Serviceberry |
Amelanchier laevis | Allegheny Serviceberry |
Amelanchier sanguinea | Juneberry |
Betula nigra var. | River Birch |
Betula platyphyllis japonicum | Whitespire birch |
Carpinus caroliniana | American Hornbeam |
Corylus cornuta | Havelnut Thornless |
Crataegus crus-galli inermis | Cockspur Hawthorne |
Crataegus phaenopyrum | Washington Hawthorne |
Crataegus viridis | Winter King Hawthorne |
Magnolia x lobneri “Merrill” | Merrill Loebner Magnolia |
Magnolia soulangeana | Saucer Magnolia |
Magnolia stellata | Star Magnolia |
Malus “prairiefire” | Prairiefire Crab |
Malus “redjewel” | Red Jewel Crab |
Pyrus calleryana “Chanticleer” | Chanticleer Pear |
Syringa reticulate | Japanese Tree Lilac |
* Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices | |
(C) Parkway trees.
Recommended Parkway Trees* | |
Botanical Name | Common Name |
Recommended Parkway Trees* | |
Botanical Name | Common Name |
Acer x freemanii | Autumn Blaze |
Acer nigrum var. | Marmo Black Maple |
Acer platanoides “Emerald Queen” | Emerald Queen Maple |
Acer rubrum var. | Red Maple |
Acer saccharum var. | Sugar Maple (for parkway >10 ft.) |
Carya ovata | Shagbark Hickory |
Celtis occidentalis | Hackberry |
Corylus colurna | Turkish Filbert |
Ginko biloba (male only) | Maidenhair Tree |
Gleditsia triancanthos inermis var. | Thornless Honeylocust |
Gymnocladus dioicus | Kentucky Coffetree |
Ostrya virginiana | Ironwood |
Plantanus acerifolia or occidentalis | London Plan Tree or Sycamore |
Pyrus calleryana “Chanticleer” | Chanticleer Pear |
Quercus alba | White Oak |
Quercus bicolor | Swamp White Oak |
Quercus ellipsoldalis | Hill’s Oak |
Quercus imbricaria | Shingle Oak |
Quercus rubra | Red Oak |
Quercus velutina | Black Oak |
Syringa reticulate | Japanese Tree Lilac |
Tilia americana | American Linden |
Tilia cordata var. | Littleleaf Linden |
Tilia euchlora “Redmond” | Redmond Linden |
Tilia tomentosa | Sterling Silver Linden |
Ulmus var | Elm (newer hybrids) |
* Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices | |
(D) Evergreen trees.
Recommended Evergreen Trees* | |
Botanical Name | Common Name |
Recommended Evergreen Trees* | |
Botanical Name | Common Name |
Abies concolor | White Fir |
Juniperus virginiana | Eastern Red Cedar |
Picea abies | Norway Spruce |
Picea glauca | White Spruce |
Picea gluaca densata | Black Hills Spruce |
Picea omorika | Serbian Spruce |
Picea pungens | Colorado Green Spruce |
Picea P. “Gluaca” | Colorado Blue Spruce |
Pinus flexilus | Limber Pine |
Pinus ponderosa | Ponderosa Pine |
Pinus strobus | Eastern White Pine |
Pinus sylvestris | Scotch Pine |
Pseudtotsuga meniesii | Douglas Fir |
Taxodium distichum | Bald Cypress |
Tsuga canadensis | Canadian Hemlock |
* Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices | |
(E) Preservation trees.
Recommended Preservation Trees* | |
Botanical Name | Common Name |
Recommended Preservation Trees* | |
Botanical Name | Common Name |
Aesculus species | Buckeye/Horse Chestnut |
Acer rubrum | Red Maple |
Acer saccharum | Sugar Maple |
Carpinus caroliniana | Blue Beech |
Carya var. | Hickory |
Celtis occidentalis | Hackberry |
Fraxinus americana var. | White Ash |
Gymnocladus dioicus | Kentucky Coffeetree |
Juglans nigra | Walnut |
Ostrya virginiana | Ironwood |
Plantanus occidentalis | Sycamore |
Quercus (all except palustris) | Oaks (all except Pine Oak) |
Taxodium distichum | Bald Cypress |
Tilia americana | American Linden |
* Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices | |
(F) Stormwater detention/retention trees.
Recommended Stormwater Detention/Retention Trees* | |
Botanical Name | Common Name |
Recommended Stormwater Detention/Retention Trees* | |
Botanical Name | Common Name |
Acer rubrum | Red Maple |
Acer saccharum | Sugar Maple |
Alnus glutinosa | European Alder |
Alnus rugosa | Speckled Alder (native) |
Betala nigra | River Birch |
Carpinus caroliniana | Blue Beech |
Carya ovata | Shagbark Hickory |
Crataegus crus-galli inermis | Thornless Hawthorne |
Gymnocladus dioicus | Kentucky Coffeetree |
Juglans nigra | Black Walnut |
Platanus occidentalis | Sycamore Swamp |
Quercus bicolor | White Oak |
Quercus rubra | Red Oak |
Taxodium distichum | Bald Cypress |
* Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices | |
(G) Unacceptable trees.
Unacceptable Trees | |
Botanical Name | Common Name |
Unacceptable Trees | |
Botanical Name | Common Name |
Acer ginnala | Amur Maple |
Acer negundo | Box Elder |
Acer platanoides | Norway Maple |
Acer pseudoplatanus | Sycamore Maple |
Acer saccharinum | Silver Maple |
Ailanthus altissima | Tree of Heaven |
Betula papyrifera | Paper/white Birch |
Cercidiphyllum japonicum | Katsura |
Elaegnus angustifolia | Russian Olive |
Frangula alnus | Glossy Buckthorn |
Fraxinus Var. | Ash |
Ginko biloba (female) | Female Ginko |
Maclura pomifera | Osage Orange, Hedge Apple |
Moris alba | White Mulberry |
Pinus nigra | Austrian Pine |
Populus spp. | Poplars, Cottonwoods |
Prunus spp. | Aspen Cherries, Plums |
Rhamnus spp. | Buckthorns |
Salix spp. | Willows |
Ulmus | Elms (other than newer hybrids) |
(Ord. 2015-08, § 17.01, passed 6-23-2015)