The board of trustees has the authority to grant conditional use permits authorizing planned developments. Planned developments are allowed only in the districts where planned developments are listed as an authorized conditional use as set forth in section 98-84 of this Code, and only in accordance with and subject to the procedures set forth in this code and the standards set forth in this article.

(Ord. No. 6494, § 16, 9-6-2022)

The purpose of the regulations contained in this article is to provide a procedure under which land can be developed or redeveloped with innovation, imagination, and creative design when justified under the provisions of this article. The objective of a planned development is to encourage a comparatively higher level of design and amenity than is otherwise possible under traditional zoning regulations. Planned developments are identified in this code as a distinct category of conditional use and are authorized for the same general purposes as all other conditional uses. However, the planned development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this code in recognition of the fact that traditional bulk, space, use, yard, and other regulations that may be useful in protecting the character of substantially developed and stable areas may impose inappropriate regulations and rigidities upon the development or redevelopment of lots or areas that lend themselves to an individual, planned approach. Through the flexibility of the planned development technique, the Village seeks to achieve the following specific objectives:

(1)

Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.

(2)

Creation of a more desirable environment than would be possible through strict application of other Village land use regulations.

(3)

Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion.

(4)

Unification of buildings and structures through design.

(5)

Provision for the preservation and beneficial use of open space.

(6)

Encouragement of land uses that promote the public health, safety, and general welfare.

(Ord. No. 6494, § 16, 9-6-2022)

An application for a conditional use permit to allow a planned development may be filed by the owner of, or any person having a contractual interest in, the property upon which the planned development will be located.

(Ord. No. 6494, § 16, 9-6-2022)

(a)

Conditional use permit standards. No conditional use permit for a planned development will be recommended or granted pursuant to this section unless the applicant shall establish that the proposed planned development will meet each of the standards made applicable to conditional use permits pursuant to section 98-50(d) of this code.

(b)

Additional standards. No conditional use permit for a planned development will be recommended or granted unless the applicant establishes that the proposed planned development will meet each of the following additional standards:

(1)

The proposed plan is consistent with the stated purpose of the planned development regulations.

(2)

The proposed use and development will not cause an adverse impact on adjacent property, the character of the area, or the public health, safety, and welfare.

(3)

The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate area or interfere with the use and development of neighboring property in accordance with applicable district regulations.

(4)

The proposed use and development will be adequately served by essential public facilities and services, including streets, public utilities, drainage facilities, police and fire protection, refuse, disposal, parks, or schools, or the applicant will provide adequately for such services.

(5)

The proposed use and development will not cause adverse traffic volume nor draw significant amounts of traffic through residential streets.

(6)

The proposed use and development will not result in the destruction, loss, or damage of natural, scenic, or historic features of significant importance including habitat reserves, rivers, streams, lakes, ponds, hills, ridges, and historic structures.

(Ord. No. 6494, § 16, 9-6-2022)

The approval of a planned development may be conditioned on such matters as the board of trustees may find necessary to prevent or minimize any possible adverse effects of the proposed planned development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this code, the standards of section 98-494, the Village's subdivision regulations, and the official comprehensive plan. Such conditions shall be expressly set forth in the ordinance approving the development plan. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for the board of trustees to revoke any or all approvals granted for the planned development.

(Ord. No. 6494, § 16, 9-6-2022)

(a)

Development plan.

(1)

Purpose. The development plan is intended to provide the applicant an opportunity to submit a detailed plan showing the scope, character, and nature of the proposed planned development. The development plan may identify different phases of the proposed planned development.

(2)

Site plan review. Before submitting an application for planned development approval, the applicant shall comply with the site plan review process set forth in section 54-83(a) and (b) of this Code.

(3)

Application. Applications for planned development approval shall be filed in accordance with the requirements of section 98-50(c) of this Code.

(4)

Public hearing. A public hearing will be set, noticed, and conducted by the hearing body in accordance with section 98-50(b) of this Code.

(5)

Coordination with subdivision regulations. When a subdivision of land subject to the Village's subdivision regulations is proposed in connection with a planned development, review of the plat of the proposed subdivision will be carried out simultaneously with review of the development plan for the proposed planned development.

(6)

Authorization. After conducting a public hearing on applications for planned developments, the hearing body shall transmit to the board of trustees a written report giving their findings and recommendations for action by the board of trustees in the same manner as required as set forth in section 98-49(d) and for action by the board of trustees as set forth in section 98-49(e).

(7)

Recordation of the final plan. The ordinance approving the development plan shall be effective only upon recording of the ordinance, development plan, and supporting data with the county clerk. The recording of the development plan shall inform all who deal with the planned development of the restrictions placed upon the land and act as a zoning control device. Any ordinance, development plan, or supporting data approving amendments to a planned development shall similarly be effective only upon recording with the county clerk.

(8)

Limitation on development plan approval. Construction will commence in accordance with the approved development plan within two years after the approval of such plan, or within such other time as may be established by ordinance approving the development plan. Failure to commence construction within this period will, unless an extension of time is granted by the director of community development pursuant to section 98-42 of this code, automatically void the development plan approval and the director of community development shall, without further direction, initiate an appropriate action to formally revoke the conditional use permit for all portions of the planned development area that have not yet been completed.

(9)

Building permits. No building permits shall issue and no construction may occur until the final plan has been approved and recorded with the county recorder, unless otherwise stated in the ordinance approving the final plan.

(Ord. No. 6494, § 16, 9-6-2022)

A planned development shall conform to and be governed by the ordinance approving the development plan. Subject to the planned development complying with the standards set forth in section 98-494, a planned development shall not be required to strictly conform to and may depart from strict conformance with the density, dimension, area, bulk, use, and other regulations applicable to the zoning district in which the planned development is located and other provisions of this Code.

(Ord. No. 6494, § 16, 9-6-2022)

The planned development shall be developed only according to the approved final plan as recorded and ordinance approving the final plan. Changes to an approved planned development shall be considered to be a major change or a minor change, as set forth below.

(1)

Major changes. Changes that alter the concept or intent of the planned development, including (i.) increases in the quantity of dwelling units; (ii.) increases in the height of buildings except as permissible in accordance with the provisions set forth in section 98-2; (iii.) reductions of open space; (iv.) time extensions beyond any term specified in the ordinance approving the planned development or the term of any extension granted by action of the board of trustees; (v.) time extensions for any issued permit beyond the term of any renewal or reissuance as set forth in sections 18-735 and 18-736 of the Code; or (vi.) changes in the agreements or ordinances governing the planned development may be approved only by following the steps set forth in section 98-496 of this article.

(2)

Minor changes. Minor changes to a planned development are modifications that do not qualify as major changes and do not alter the concept or intent of the planned development. The director of community development is authorized to approve minor changes and shall document all such approvals in writing.

(Ord. No. 6494, § 16, 9-6-2022)

Before the effective date of this article (August 16, 2022), planned developments were generally approved in accordance with the Village's map amendment procedures, and not as a conditional use permit. Any planned development approved before the effective date of this article will continue to be lawful and subject to the terms and conditions set forth in (a.) the ordinance approving the planned development, and (b.) the regulations set forth in Appendix A to article X of this chapter of the Code. Individual uses and structures in a planned development shall comply with the specific use, building location, height, building size, gross and net floor area ratios, lot size, open space ratio, and other requirements set forth as conditions to the approval of the planned development and set forth in Appendix A. Changes to a planned development approved before this article's effective date shall be processed in accordance with section 98-498.

(Ord. No. 6494, § 16, 9-6-2022)