The board of trustees, in accordance with the procedures and standards set out in this chapter and by ordinance duly adopted, may grant special use permits authorizing the development of planned unit developments, but only in the districts where such developments are listed as an authorized special use. (Ord., 10-2004)

Planned unit developments are included in this zoning code as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses. In particular, however, the planned unit development technique is intended to allow the modification of otherwise applicable substantive requirements based on procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this zoning code in recognition of the fact that traditional bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose rigidities on the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach. This technique is intended to be applied to further only those applications which provide special, compensating amenities to the village. Through the flexibility of the planned unit development technique, the village seeks to achieve the following specific objectives:

   A.   More Desirable Environment: Creation of a more desirable environment than would be possible through strict application of other village land use regulations.

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

   C.   Coordination Of Features: Combination and coordination of architectural styles, building forms, and building relationships.

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

   E.   Use Of Open Space: Provision for the preservation and beneficial use of open space.

   F.   Creation Of Open Space: An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.

   G.   General Health, Safety, And Welfare: Encouragement of land uses that promote the public health, safety, and general welfare. (Ord., 10-2004)

An application for a special use permit to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject property. (Ord., 10-2004)

   A.   Development Concept Plan:

      1.   Purpose: The development concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed planned unit development without incurring the costs associated with preparation of detailed, final development plans. The development concept plan is the basis on which the required public hearing is held. To permit the village and the applicant to proceed with some assurance, approval of the development concept plan binds the applicant and the village with respect to the following basic elements of development:

         a.   Categories of uses to be permitted; and

         b.   General location of residential and nonresidential land uses; and

         c.   Overall maximum density of residential uses and intensity of nonresidential uses; and

         d.   The general architectural style of the proposed development; and

         e.   General location and extent of public and private open space including recreational amenities; and

         f.   General location of vehicular and pedestrian circulation systems; and

         g.   Staging of development; and

         h.   Nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.

      2.   Application: Applications for approval of a development concept plan shall be filed in accordance with the requirements of section 9-14-1 of this title.

      3.   Public Hearing: A public hearing shall be set, noticed, and conducted by the plan commission in accordance with section 9-14-3 of this title.

      4.   Action By Plan Commission: Within sixty (60) days after the conclusion of the public hearing, the plan commission shall transmit to the board of trustees its recommendation, in the form specified by subsection 9-12-3H of this title, that the development concept plan either be approved, be approved subject to modifications, or not be approved. The failure of the plan commission to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the development concept plan as submitted.

      5.   Action By Board Of Trustees: Within sixty (60) days after the receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees shall deny the application for approval of the development concept plan, or shall refer it back to the plan commission for further consideration of specified matters, or, by ordinance duly adopted, shall approve the development concept plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and shall grant a special use permit authorizing the proposed planned unit development and such additional approvals as may be necessary to permit development of the planned unit development as approved; provided, however, that every such ordinance and special use permit shall be expressly conditioned upon approval of the final plan in accordance with subsections C5 and C6 of this section and upon the applicant's compliance with all provisions of this zoning code and the ordinance granting the special use permit.

The failure of the board of trustees to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the development concept plan.

      6.   Effect Of Development Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing a final plan or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this zoning code or any approval granted pursuant to it, the village shall not, without the consent of the applicant, take any action to modify, revoke, or otherwise impair an approved development concept plan with respect to the elements of development set forth in subsection A1 of this section pending the application for approval of the final plan. In submitting the final plan, the applicant shall be bound by the approved development concept plan with respect to each such element.

      7.   Limitation On Development Concept Plan Approval: Subject to an extension of time granted by the village manager pursuant to subsection 9-12-1J of this title, unless a final plan has been filed within two (2) years after the date the board of trustees grants development concept plan approval, or in any case where the applicant fails to file a final plan and to proceed with development in accordance with the provisions of this zoning code and the approved development concept plan, the approval shall automatically expire and be rendered void and the village manager shall, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned unit development area that have not yet been completed.

      8.   Coordination With Subdivision Ordinance: When a subdivision of land subject to the Lake Zurich subdivision ordinance is proposed in connection with a planned unit development, no development concept plan shall be approved until after a preliminary plan of the proposed subdivision has been prepared in accordance with the provisions of the Lake Zurich municipal code and submitted to the village.

   B.   Optional Concurrent Submission Of A Final Plan: The applicant may submit a final plan for the proposed planned unit development pursuant to the requirements of subsection C of this section simultaneously with the submission of the development concept plan. In such case, the applicant shall comply with all provisions of this zoning code applicable to submission of the development concept plan and to submission of the final plan. The plan commission and the board of trustees shall consider such plans simultaneously and shall grant or deny final plan approval in accordance with the provisions of subsections C5 and C6 of this section.

   C.   Final Plan:

      1.   Purpose: The final plan is intended to particularize, refine, and implement the development concept plan and to serve as a complete, thorough, and permanent public record of the planned unit development and the manner in which it is to be developed.

      2.   Application: Upon approval of the development concept plan, the applicant shall file an application for final plan approval in accordance with the requirements of section 9-14-1 of this title. The application shall refine, implement, and be in substantial conformity with the approved development concept plan.

      3.   Public Meeting: A public meeting shall be set, noticed, and conducted by the plan commission in accordance with section 9-14-3 of this title.

      4.   Coordination With Subdivision Ordinance: When a subdivision of land subject to the Lake Zurich subdivision ordinance is proposed in connection with a planned unit development, review of the final plat of the proposed subdivision shall be carried out simultaneously with review of the final plan.

      5.   Action By Plan Commission:

         a.   Evaluation: Within sixty (60) days after the filing of an application for approval of a final plan, the plan commission shall, with such aid and advice of the village staff and consultants as may be appropriate, review and act on the plan. Such review shall consider:

            (1)   Whether the final plan is in substantial conformity with the approved development concept plan; and

            (2)   The merit or lack of merit of any departure of the final plan from substantial conformity with the approved development concept plan; and

            (3)   Whether the final plan complies with any and all conditions imposed by approval of the development concept plan; and

            (4)   Whether the final plan complies with the provisions of this zoning code and all other applicable federal, state, and village codes, ordinances, and regulations.

         b.   Approval Based On Substantial Conformity: If the plan commission finds substantial conformity between the final plan and the approved development concept plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the development concept plan and with the provisions of this zoning code and all other applicable federal, state, and village codes, ordinances, and regulations, it shall transmit the final plan to the board of trustees with its recommendation, in the form specified in subsection 9-12-3H of this title, that the board of trustees approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval; provided, however, that in no event shall such conditions of approval impair the rights granted by the development concept plan approval. See chapter 24 of this title for the definition of "substantial conformity".

         c.   Recommendation Of Approval Without Substantial Conformity: If the plan commission finds that the final plan lacks substantial conformity to the development concept plan but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this zoning code, it shall transmit the final plan to the board of trustees with its recommendation, in the form specified in subsection 9-12-3H of this title, that the final plan be approved, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

         d.   Recommendation Of Denial: If the plan commission finds that the final plan is not in substantial conformity with the approved development concept plan and does not merit approval, or if the plan commission requires modifications of a plan that are not accepted by the applicant, then the plan commission shall transmit the plan to the board of trustees together with its recommendation, in the form specified in subsection 9-12-3H of this title, that the final plan not be approved.

         e.   Failure To Act: The failure of the plan commission to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a recommendation to the board of trustees to approve the final plan as submitted.

      6.   Action By Board Of Trustees: Within sixty (60) days after the receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees shall act on the plan as follows:

         a.   Approval Based On Substantial Conformity: If the plan commission has recommended approval of a final plan pursuant to subsection C5b of this section, the board of trustees, unless it specifically rejects one or more of the findings of the plan commission on the basis of expressly stated reasons, shall approve the final plan by a duly adopted ordinance.

         b.   Approval Without Substantial Conformity: In any case other than that specified in subsection C6a of this section, the board of trustees, if it finds that the final plan merits approval and otherwise conforms to the requirements of this zoning code, may approve the final plan by a duly adopted ordinance.

         c.   Referral Back To Plan Commission: In any case other than that specified in subsection C6a of this section, the board of trustees may refer the final plan back to the plan commission for further consideration of specified matters.

         d.   Conditions On Final Plan Approval: The approval of any final plan may be granted with or without modifications and conditions to be accepted by the applicant as a condition of approval; provided, however, that in no event shall such conditions of approval impair the rights granted by the development concept plan approval.

         e.   Failure To Act: The failure of the board of trustees to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the final plan.

      7.   Recording Of Final Plan: When a final plan is approved, the village manager shall cause the final plan, or the portions thereof as are appropriate, to be recorded with the recorder of deeds of Lake County.

      8.   Limitation On Final Plan Approval: Construction shall commence in accordance with the approved final plan within two (2) years after the approval of such plan, or such other time as may be approved by the board of trustees. Failure to commence and continue construction within such period shall, unless an extension of time shall have been granted by the village manager pursuant to subsection 9-12-1J of this title, automatically render void the final plan approval and all approvals of the planned unit development and all permits based on such approvals, and the manager shall, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned unit development that have not yet been completed.

      9.   Completion of Construction: Construction shall be completed within 2 years of approval of the Final Plan or the issuance of a construction permit as determined by the Village Manager, unless a construction schedule is submitted by the developer and approved by the village outlining an alternate site or subdivision improvement period as outlined in Section 10-5-6-B of the Municipal Code.

(Ord., 10-2004; amd. Ord. 2025-07-616, 7-7-2025)

   A.   Special Use Permit Standards: No special use permit for a planned unit development shall be recommended or granted pursuant to this chapter unless the applicant shall establish that the proposed development will meet each of the standards made applicable to special use permits pursuant to chapter 19 of this title.

   B.   Additional Standards For All Planned Unit Developments: No special use permit for a planned unit development shall be recommended or granted unless the applicant shall establish that the proposed development will meet each of the following additional standards:

      1.   Unified Ownership Required: The entire property proposed for planned unit development treatment shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.

      2.   Minimum Area: The applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned unit developments may be established pursuant to this section.

      3.   Covenants And Restrictions To Be Enforceable By Village: All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned unit development shall provide that they may not be modified, removed, or released without the express consent of the board of trustees and that they may be enforced by the village as well as by future landowners within the proposed development.

      4.   Public Open Space And Contributions: Whenever the official comprehensive plan, zoning map, or official map indicates that development of a planned unit development will create a need for land for public purposes of the village within the proposed planned unit development, the board of trustees may require that such area be designated and to the extent such need is specifically and uniquely attributable to the proposed development, dedicated to the village for such use. In addition, the board of trustees may require evidence that all requirements of village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned unit development.

      5.   Common Open Space:

         a.   Amount, Location, And Use: The failure of a planned unit development to provide common open space shall be considered to be an indication that it has not satisfied the objectives for which such developments may be approved pursuant to this zoning code. When common open space is provided in a planned unit development, the amount and location of such open space shall be consistent with its intended function as set forth in the application and planned unit development plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure and recreational uses for which such open space is intended.

         b.   Preservation: Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved final plan. The restrictions must be permanent and not for a given period of years and must run with the land. Such covenants and dedications may provide that they may be released, but only with the express written consent of the board of trustees.

         c.   Ownership And Maintenance: The final plan shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned unit development or the village.

         d.   Property Owners' Association: When the requirements of subsection B5c of this section are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

            (1)   The bylaws and rules of the association and all declarations, covenants, and restrictions to be recorded must be approved as part of the final plan prior to becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this subsection B5d(1); and

            (2)   The association must be established and all covenants and restrictions must be recorded prior to the sale of any property within the area of the planned unit development designated to have the exclusive use of the proposed open space or improvements; and

            (3)   The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it; and

            (4)   Membership in the association must be mandatory for each property owner and any successive owner having a right to the use or enjoyment of such open space or improvements; and

            (5)   Every property owner having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with state statutes; and

            (6)   The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than two-thirds (2/3) of the members voting on the issue; and

            (7)   The village must be given the right to enforce the covenants; and

            (8)   The village must be given the right, after ten (10) days' written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

      6.   Landscaping And Perimeter Treatment: Any area of a planned unit development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned unit development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures, setbacks, screening, or natural or manmade buffers.

      7.   Private Streets: Private streets are prohibited unless expressly approved by the board of trustees. If so approved, they shall meet all construction standards applicable to public streets. No such streets shall be approved except upon the condition that they shall be owned and maintained by a property owners' association meeting the requirements set forth in subsection B5d of this section.

      8.   Sidewalks: A sidewalk meeting the standards of the Lake Zurich subdivision ordinance shall be provided along at least one side of every street in or abutting a planned unit development; provided, however, that such sidewalk may be constructed in a street right of way or as a specific element of the design of the planned unit development.

      9.   Utilities: All utility lines shall be installed underground.

   C.   Additional Standards For Specific Planned Unit Developments: When the district regulations authorizing any planned unit development use in a particular district impose standards to be met by such planned unit development in such district, a special use permit for such development shall not be recommended or granted unless the applicant shall establish compliance with such standards. (Ord., 10-2004)

The approval of either a development concept plan or a final plan may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned unit development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this zoning code, the Lake Zurich subdivision ordinance, and the official comprehensive plan; provided, however, that no such condition of final plan approval shall impair the rights granted by development concept plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this zoning code and shall constitute grounds for revocation of all approvals granted for the planned unit development. (Ord., 10-2004)

Whenever any planned unit development approval granted pursuant to this chapter is made subject to conditions or limitations to be met by the applicant, the applicant, upon meeting such conditions, shall file an affidavit with the village manager so stating. (Ord., 10-2004)

   A.   Authority: Subject to the standards and limitations hereinafter set forth, the board of trustees shall have the authority, in connection with the granting of any planned unit development approval pursuant to this chapter, to change, alter, vary, modify, or waive (collectively "modify") any provisions of this zoning code or of the Lake Zurich subdivision ordinance as they apply to an approved planned unit development.

   B.   Standards: No such modification shall be approved unless the board of trustees shall find that the proposed planned unit development:

      1.   Achieve Purposes: Will achieve the purposes for which planned unit developments may be approved pursuant to section 9-22-2 of this chapter; and

      2.   No Violations: Will not violate the general purposes, goals, and objectives of this zoning code and the official comprehensive plan; and

      3.   Compensating Amenities: Will result in a development providing compensating amenities to the village.

   C.   Limitations: Except as provided in subsection D of this section, no such modification shall be permitted with respect to the uses permitted in any district or with respect to any standard established by section 9-22-5 of this chapter or with respect to any standard made specifically applicable to planned unit developments by the regulations of any particular district unless such regulations expressly authorize such a change, alteration, variation, modification, or waiver.

   D.   Cumulative Authority: The modification authority created by this section shall be in addition to the variation authority created by chapter 17 of this title. (Ord., 10-2004)

After final plan approval, the final plan, rather than any other provision of this zoning code, shall constitute the use, parking, loading, sign, bulk, space, and yard regulations applicable to the subject property, and no use or development, other than home occupations and temporary uses, not allowed by the final plan shall be permitted within the area of the planned unit development pursuant to the zoning district regulations otherwise applicable to such area. (Ord., 10-2004)

   A.   Inspections By Village Manager: After approval of the final plan of a planned unit development or any stage thereof, the village manager, at least annually until the completion of development, shall review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.

   B.   Action By Village Manager: If the village manager finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, then the village manager shall immediately notify the board of trustees of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this zoning code and the final plan, issue an order stopping any, and all work on the planned unit development until such time as any noncompliance is cured.

   C.   Action By Board Of Trustees: Within sixty (60) days after notification by the village manager, the board of trustees shall either:

      1.   Compel Compliance: Take such steps as it deems necessary to compel compliance with the final plan; or

      2.   Require Adjustment: Require the owner or applicant to seek an adjustment to the final plan during development as provided in section 9-22-11 of this chapter.

   D.   Revocation: Failure of the board of trustees to act within the aforesaid sixty (60) days shall, unless the owner or applicant shall have cured the noncompliance within such period, render void the final plan approval of all uncompleted portions of the planned unit development, all prior plan approvals on which such final plan approval depends, and all permits based upon such approvals, and the village manager shall, without further direction, initiate an appropriate action to revoke the special permit for all portions of the planned unit development that have not yet been completed. The manager shall, in addition, take such other action as may be appropriate to abate the violation. (Ord., 10-2004)

   A.   Minor Adjustments: During the development of a planned unit development, the village manager may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

      1.   Altering Location Of Structures: Altering the location of any one structure or group of structures by not more than twenty feet (20') or one-fourth (1/4) of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned unit development, whichever is less; and

      2.   Circulation: Altering the location of any circulation element by not more than twenty feet (20') or one-fourth (1/4) of the distance shown on the approved final plan between such circulation element and any structure, whichever is less; and

      3.   Open Space: Altering the location of any open space by not more than fifty feet (50'); and

      4.   Final Grade: Altering any final grade by not more than twenty percent (20%) of the originally planned grade; and

      5.   Landscaping: Altering the location or type of landscaping elements.

Such minor adjustments shall be consistent with the intent and purpose of this zoning code and the final plan, as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this zoning code.

   B.   Major Adjustments: Any adjustment to the final plan not authorized by subsection A of this section shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the board of trustees. The board of trustees, by ordinance duly adopted, may grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with said final plan. If the board of trustees determines that a major adjustment is not in substantial conformity with the final plan as approved, then the board of trustees shall refer the request to the plan commission for further hearing and review as provided in subsection 9-22-4C of this chapter. (Ord., 10-2004)

After completion of a planned unit development, an approved final plan may be amended, varied, or altered in the same manner and subject to the same limitations, as provided for major adjustments in subsection 9-22-11B of this chapter. (Ord., 10-2004)