The purpose of the Planned Development Zone is to permit, where appropriate, a degree of flexibility in conventional land use and design regulations which will encourage development in an imaginative and innovative way while through the process of review, discussion and law change, insuring efficient investment in public improvements, a more suitable environment, and protection of community interest. This article is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The Planned Development Zone is intended to be used to enable these developments to occur even though they may not be specifically authorized by this chapter. Areas may be zoned as a Planned Development Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Because the intention is to create self-contained, architecturally consistent and compatible buildings, many times with diverse but related uses, and because the creation of a Planned Development Zone will entail sufficient review to assure the uses within the zone will have negligible or no adverse effects upon properties surrounding the zone, a Planned Development Zone may be created in any zone within the Town. In reaching its decision on whether to rezone to a Planned Development Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose.

With the approval of the Town Board, a Planned Development Zone may be established in any zone in the Town. The establishment of any such zone shall lie in the sole discretion of the Town Board, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone.

In a Planned Development Zone buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Town Board may authorize upon findings that such additional uses:

In any rezoning to a Planned Development Zone the Town Board may impose such conditions or limitations that the Town Board, in its legislative discretion, may determine to be necessary or desirable to insure the development conforms with the Comprehensive Plan of the Town, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development.

A minimum tract of two acres is required for the development of a Planned Development Zone.

Yard, height, building coverage, lot size, and any performance standards shall be as set forth in the legislation rezoning the area to a Planned Development Zone. Unless otherwise stated in such legislation, if no such regulations are set forth, the regulations applicable to the zone in which the Planned Development Zone is located shall govern.

No structure shall be erected or placed within a Planned Development Zone, no building permit shall be issued for a building or structure within a Planned Development Zone, and no existing building, structure or use in a Planned Development Zone be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Article XXIII.