The intent of the planned unit development provisions is to encourage quality and desirable development by allowing for greater flexibility and design standards for projects conceived and implemented as comprehensive and cohesive developments. These regulations are established to permit and encourage diversification, variation and imagination in the relationship of uses, structures, and heights of structure; to encourage the preservation of open space; and to encourage more rational, economic development with respect to the provisions of public services.

(Code 2006, § 13-1-60)

(a)

Character of site. All planned unit developments must be suitable for development in the manner proposed without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence, or slipping of the soil or other dangers, annoyances, or inconveniences.

(b)

Lot area, lot width, heights and yard requirements. In a planned unit development there shall be no specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plat itself, construed to be and enforced as a part of this chapter.

(c)

Locational requirements. All planned unit developments must have direct access to major streets or highways without creating traffic on local residential streets outside the district. PUDs must be so located in relation to existing public utilities and facilities that no additional public expense will be involved, unless the developer agrees to offset the added public expense. PUDs must also be appropriately related to the existing and probable future urban growth patterns as specified in the village comprehensive plan.

(d)

Unified control. All land included for development as a PUD shall be under the legal control of the applicant, whether that applicant be an individual, partnership, or corporation or group of individuals, partnerships, or corporations. Applicants requesting approval of a PUD, together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations.

(e)

Agreements. The applicant shall state agreement to:

(1)

Proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the special exception for PUD;

(2)

Provide agreements, contracts, deed restrictions, and sureties acceptable to the village for completion of the development according to the approved plans and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and

(3)

Bind their successors in title to any commitments made under this section.

All such agreements and evidence of unified control shall be examined by the village attorney, and no PUD shall be approved without a certification by the village attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations.

(f)

Permitted uses. Any use permitted in the RM district is a permitted use in a residential planned unit development.

(g)

General requirements. All permitted uses shall be subject to the accessory uses and structure, sign, height, and parking requirements of the district in which it is located.

(h)

Area and density requirements. A tract of land proposed for development as a planned unit development shall contain a minimum area of two acres and a maximum density of ten dwelling units per net acre in the RT district and 24 dwelling units per net acre in the RM district.

(i)

Internal lots and frontage. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required, provided, however, that no structure shall be located close to any peripheral property line than two times the height of such structure.

(j)

Access. Every dwelling unit shall have access to a public street either directly or via an approved private road, pedestrian way, court or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses are not required to front on a dedicated public street.

(k)

Common open space requirements. There shall be a minimum open space requirement of 40 percent of the total net acreage of the tract. Common open space areas shall be subject to the conditions for such areas as specified in section 44-194.

(Code 2006, § 13-1-61)

In a planned unit development, signs shall be permitted in accordance with the requirements of article VII of this chapter and such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.

(Code 2006, § 13-1-62)

In a planned unit development, off-street parking facilities shall be provided as set forth in an approved recorded precise development plan which shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.

(Code 2006, § 13-1-63)

The division of any land within a planned unit development for the purpose of change or conveyance of ownership may be accomplished pursuant to chapter 42, pertaining to the land division/subdivision regulations of the village when such division is contemplated.

(Code 2006, § 13-1-64)

As a basis for determining the acceptability of a planned unit development application to the plan commission and village board, the following criteria shall be applied to the application for such district with specific consideration as to whether or not it is consistent with the spirit intent of this chapter, is consistent with the policies of the village development plan, has been prepared with professional advice and guidance and produces significant benefits in terms of environmental design:

(1)

Character and intensity of land use. In a planned unit development, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

a.

Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth and open space.

b.

Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.

c.

Would not adversely affect the anticipated provision for school or other municipal services.

d.

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

(2)

Economic feasibility and impact. The proponents of a planned unit development application shall provide evidence satisfactory to the plan commission and village board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the village of the values of surrounding properties.

(3)

Engineering design standards. The width of street rights-of-way, width of paving, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based on standards necessary to implement the specific function in the specific situation, provided, however, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village engineer.

(4)

Preservation and maintenance of open space. In a planned unit development, adequate provisions shall be made for the permanent preservation and maintenance of open space either by private reservation or dedication to the public.

a.

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village as part of the conditions for project approval an open space easement over such areas restricting the area against any future building or use except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or, subsequently, with the express approval of the village board following approval of building, site and operational plans by the plan commission.

b.

The care and maintenance of such open space reservations shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.

c.

Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

(5)

Implementation schedule. The proponents of a planned unit development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the village board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in an adverse effect upon the community as a result of termination at that point.

(Code 2006, § 13-1-65)

(a)

Pre-petition conference. Prior to the official submission of the petition for the approval of a planned unit development, the owner or his agent making such petition should meet with the plan commission or its staff to discuss the scope and proposed nature of the contemplated development.

(b)

Petition for approval. Following the pre-petition conference, the owner or his agent may file a petition with the zoning administrator for approval of a planned unit development. Such a petition shall be accompanied by a review fee of $50.00. The procedure for rezoning to a planned unit development shall be as required for any other zoning district change under this chapter, except that, in addition thereto, the following information shall be filed by the applicant with the zoning administrator with the petition for approval.

(c)

Concept plan. A concept plan shall accompany the application and shall contain the following information:

(1)

The title for the project and the names of the professional project planner and the developer.

(2)

Scale, date, north arrow, and general location map.

(3)

Boundaries of the property involved, all existing streets, buildings, watercourses, easements, section lines, and other existing important physical features in and adjoining the project.

(4)

Master plan locations and the acreages of each component thereof and the different uses proposed by dwelling types, open space designations, and recreation facilities, and other permitted uses, and off-street parking locations.

(5)

Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian uses, and off-street parking locations.

(6)

Tabulations of total gross acreage in the development and the percentage thereof proposed to be devoted to the several dwelling types, other permitted uses, recreational facilities, open spaces, streets, parks, schools, and other reservations. Tabulations of projected density shall be computed by deducting gross acreage used for nonresidential purposes other than open space recreation uses.

(7)

Architectural drawings and sketches illustrating the design and character of the various structures proposed in the development.

(8)

Deed restrictions and other documents pertaining to the improvement, operation, and maintenance of common areas in the development.

(9)

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

(10)

A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

(11)

Any proposed departures from the standards of development as set forth in the village zoning regulations, land subdivision requirements, other village regulations or administrative rules, or other universal guidelines.

(12)

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

(13)

The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

(14)

In addition, the plan commission may require additional material such as plans, maps, studies, and reports which may be needed in order to make the necessary findings and determinations that the applicable standards and guidelines have been complied with.

(Code 2006, § 13-1-66)

(a)

Requirements. The plan commission, in making recommendations for approval, and the village board, in making a determination approving a petition for planned unit development, shall find as follows:

(1)

That the applicable physical requirements made and provided in section 44-83 will be met:

(2)

That the requirements as to public services and facilities made and provided in section 44-83 will be met.

(b)

Proposed construction schedule. The plan commission and village board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD, commencement of the physical development within one year of approval being deemed reasonable.

(c)

Considerations—Residential PUD. The plan commission and village board, in making their respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:

(1)

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.

(2)

The total net residential density within the planned unit development will be compatible with the village master plan (comprehensive land use and thoroughfare plan), neighborhood plan, or components thereof, and shall be compatible with the density of the district wherein located.

(3)

Structure types will be generally compatible with other structural types permitted in the underlying basic use district.

(4)

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.

(5)

Provision has been made for adequate, continuing fire and police protection.

(6)

The population density of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

(7)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan as approved either by private reservation and maintenance or by dedication to the public.

(d)

Same—Commercial PUD. The plan commission and village board, in making their respective recommendation and determination as to a proposed commercial planned unit development, shall further consider whether:

(1)

The economic practicality of the proposed development can be justified.

(2)

The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.

(3)

The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(4)

The locations of entrances and exists have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

(5)

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(e)

Same—Industrial PUD. The plan commission and village board, in making their respective recommendations and determination as to a proposed industrial planned unit development, shall further consider whether:

(1)

The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.

(2)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water sanitary sewer and stormwater drainage and maintenance of public areas.

(3)

The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy access rail and/or arterial highway facilities.

(4)

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(f)

Same—Mixed Use PUD. The plan commission and village board, in making their respective recommendation and determination as to a proposed mixed use planned unit development, shall further consider whether:

(1)

The proposed mixture of uses procedures a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.

(2)

The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.

(3)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(Code 2006, § 13-1-67)

(a)

Binding nature of approval. All terms, conditions, safeguards, and stipulations made at the time of approval of the PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of these zoning regulations.

(b)

Recording. Upon final approval of the application and approval of a planned unit development by the village board, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the village offered or required with regard to components, project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans shall be recorded by the developer within ten days in the county register of deeds' office. Unless and until all of said plans and documents have been recorded, no building permit shall be issued for any construction within said planned unit development. Detailed construction and engineering plans need not necessarily be completed at the time the zoning is approved, but the approval and recording of the above plans shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

(c)

Preliminary and final development plans. Plans for development of land approved for a PUD shall be processed in accordance with the standard subdivision review procedures established by the village. The same information and data shall be furnished at each stage of plan approval as is required for a standard subdivision development. The preliminary plan required for a standard subdivision development. The preliminary plan required and submitted shall be in substantial compliance with the concept plan. In addition to the requirements of the village for reviewing subdivision plats, the following information shall be provided.

(1)

Building locations and architectural definitions of all structures proposed which are a part of the project shall be depicted on the preliminary plan or plat and the supplementary materials required.

(2)

Master landscape plan depicting existing and proposed vegetation and locations thereof on the site.

(3)

Fence, wall, and planting screens location, heights, and materials.

(4)

Tabulations analyzing the number of total gross acres in the project and the percentage thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street parking, streets, open spaces, recreation areas, parks, schools, and other reservations.

(5)

Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units.

(6)

A precise plan of development.

(7)

Proof of financing capability.

(8)

A scale map of the area.

(9)

A final plat of the entire development are showing detailed lot layout and the intended use of each lot or parcel of land, public dedications, public and private streets, driveways, walkways and parking facilities.

(10)

Location of all utility installations.

(11)

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 approximate date when construction of each stage can be expected to begin;

c.

The anticipated rate of development;

d.

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

(12)

Agreement, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the planned unit development and any of its common services, open area or other facilities.

(13)

Any other plans, document or schedules required by the plan commission or village board.

(d)

Development contract. Before any building permit shall be issued, the applicant and the owner shall enter into an appropriate contract with the village to guarantee the implementation of the development according to the terms and conditions established as a part of the specific implementation plan. The village shall have the right, if deemed appropriate, to require the inclusion of a performance bond satisfactory to the village attorney. Such contract shall be recorded by the developer in the county register of deeds' office within ten days after its execution. Any subsequent change of use of any lot or parcel of land or addition or modification of the plans shall first be submitted for approval to the plan commission and if, in the opinion of the plan commission, such change or modification constitutes a substantial alteration of the original plans, the procedure provided in sections 44-88 and 44-89 and, in this subsection, shall be required before the use is changed or the plans modified. If, in the opinion of the plan commission, such change or modification does not constitute a substantial alteration of the original plans and if such change or modification is recommended by the plan commission, the change or modification may be made with the approval of the village board.

(e)

Changes in plans. Changes in plans not in substantial compliance with the site and development plan may be permitted by the village board, provided an application indicating such changes is submitted by the developer or his successors in interest, and provided it is found that any such changes are in accordance with all regulations in effect when the changes are requested. Changes other than those indicated shall be processed as for a new application for a PUD.

(f)

Deviations from approved plans. Deviations from the approved plans or failure to comply with any requirement, condition, or safeguard imposed by the village board during approval or platting procedure shall constitute a violation of the zoning regulations.

(g)

Building permits. Final approval of the PUD does not constitute approval for the construction of individual buildings or structures in the development. Separate approval shall be required upon application for building permits.

(Code 2006, § 13-1-68)

(a)

Intent. The intent of the cluster subdivision provisions is to promote imaginative, well designed subdivisions which preserve open space, respect the physical qualities of the land and reduce the cost of subdivision.

(b)

Unified control. All land included for development as a cluster subdivision shall meet the requirements of unified control for planned unit developments in section 44-83(d).

(c)

Permitted uses. Single-family detached and two-family dwellings.

(d)

General requirements. All permitted uses shall be subject to the accessory use and structure, sign, height, and parking requirements of the district in which it is located.

(e)

Area and density requirements. A tract of land proposed for development as a cluster subdivision shall contain a minimum area of one acre and a maximum density of eight dwelling units per net acre.

(f)

Lot area requirements.

(1)

All single-family detached dwellings shall have the following:

a.

A minimum lot area of 3,600 square feet;

b.

Setbacks. The following setback requirements of:

1.

A front yard of ten feet;

2.

A rear yard of 20 feet; and

3.

Side yards of five feet each.

c.

The maximum lot coverage is 50 percent.

(2)

All two-family dwelling shall have:

a.

A minimum lot area of 4,800 square feet (2,400 square feet per dwelling);

b.

Setbacks. The following setback requirements of:

1.

A front yard of ten feet;

2.

A rear yard of 20 feet; and

3.

Side yards of six feet each.

c.

The maximum lot coverage is 50 percent.

(3)

No principal residential structure shall be located closer than ten feet from any exterior boundary of the tract.

(g)

Procedures for approving cluster subdivision developments. Approval of a cluster subdivision is subject to the following procedures:

(1)

Preapplication conference. Prior to initiating a request for a special exception, a preapplication conference with the plan commission is required. The purpose of such preapplication conference shall be to assist in bringing the overall proposal as nearly as possible into conformity with these regulations applying generally to the property involved and to define specifically those variations from general regulations which appear justified in view of equivalent service of the purpose of such regulations.

(2)

Concept plan. A concept plan shall accompany the application meeting the requirements for a PUD in section 44-88(c).

(3)

Plan commission recommendation and village board approval. After conferences with the applicant and a public hearing, the plan commission may recommend to the village board to approve, disapprove, or approve subject to stated stipulations and conditions, a request for a special exception. In making its recommendation, the plan commission shall find that plans, maps, and document submitted by the applicant have met the requirements of these regulations. Any village board approval applies to the concept plan and request for a special exception only. Final village board approval is necessary for the final plan according to subdivision approval procedures.

(4)

Binding nature of approval. All terms, conditions, safeguards, and stipulations made at the time of approval of the cluster subdivision shall be binding upon the applicant or any successor in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard shall constitute a violation of these zoning regulations.

(5)

Preliminary and final plans. Plans for development of land approved for cluster subdivision shall be processed in accordance with standard subdivision review procedures established by the village. The same information and data shall be furnished at each stage of plan approval as is required for a standard subdivision development.

(Code 2006, § 13-1-69; Ord. No. 4(Ser. of 2024), § 1, 6-19-2024)

(a)

Intent. It is the intent of this section to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.

(b)

Buildings. The exterior walls of all buildings shall be of masonry construction, its equivalent or better. Aluminum or other ornamental, including metals with a baked-on or enamel finish or plastic, may be permitted in lieu or masonry construction on outside walls. No corrugated iron or metal plate without the prescribed finish shall be permitted. When construction using any of these permitted metals is proposed, plans and specifications shall be subject to approval by the village board in section 44-464. No wood siding shall be permitted. Concrete block shall be permitted only for interior and "back up" use.

(c)

Conduct of operation. Where practical, all primary production activities shall be conducted within completely enclosed buildings. Outside storage of equipment and materials shall be permitted only within rear yards and shall be set back at least ten feet from any side or rear property line. Outside storage shall be screened by a continuous buffer with a minimum height of six feet. The buffer shall be compact evergreen hedge or other type of foliage or combined fence and shrubbery screen.

(Code 2006, § 13-1-70)