A planned unit development shall be granted as a conditional use and shall be noticed in accordance with Section 6-3-5 (Administration and Enforcement: Procedures) of this Code. Even though so classified, it is of substantially different nature from other conditional uses. To reflect this difference, additional regulations, standards and criteria are hereby established. The planned unit development shall conform to the intent and character of the zoning district in which it is located.

(Ord. 01-110, 6-5-2001; Ord. No. 13-129, § 4, 11-5-2013)

The purpose of the regulations, standards, and criteria contained in this Chapter is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this Chapter. The objective of the planned unit development is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the comprehensive plan and planning policies of the City while departing from the strict application of the use and bulk regulations of the Zoning Title and the design standards of the subdivision control regulations. The planned unit development is intended to permit and encourage such flexibility and to accomplish the following purposes:

1.

To stimulate creative approaches to the residential, commercial and industrial development of land.

2.

To provide more efficient use of land.

3.

To preserve natural features and environmental resources, and provide outdoor common area, open space and recreation areas in excess of that required under existing zoning regulations.

4.

To develop new approaches to the living environment through variety in type, design and layout of residential structures, commercial and industrial buildings, transportation systems, and public facilities.

5.

To unify buildings and structures through design.

(Ord. 01-110, 6-5-2001; Ord. 08-149, 8-19-2008)

The planned unit development shall be designed to comply with the following standards and criteria:

1.

Ownership And Control: A proposed planned unit development shall be under single ownership or unified control at the time of filing an application for approval of the planned unit development, or the applicant shall provide written evidence of the applicant's ability to gain unified control of the property if the planned unit development is approved.

2.

Area, Lot Width, Yard, And Height/Bulk Requirements: All buildings, structures, and uses of land within the planned unit development shall conform to the area, lot width, yard, height and bulk regulations of the zoning district in which the planned unit development is located or, for those existing planned unit developments with uses which are not allowed in that zoning district but were explicitly allowed as part of an approved planned unit development, the area, lot width, yard, height and bulk regulations of the zoning district in which they are first permitted.

3.

Outdoor Common Area And Site Amenities Requirements:

3.1.

Outdoor common areas and site amenities shall be provided in planned unit developments as a means of passive or active recreation, site amenity, environmental protection or beautification. Except as provided in Subsection 6-4-3.3.5 of this Section pertaining to downtown planned unit developments, the following amount of the total lot coverage of a planned unit development not included as public right-of-way shall be devoted to outdoor common area:

3.1.1.

Multi-family residential: Thirty five percent (35%).

3.1.2.

Single-family attached residential: Thirty percent (30%).

3.1.3.

Single-family detached residential: Twenty five percent (25%).

3.1.4.

Mixed use or nonresidential: Twenty percent (20%).

3.2.

Permitted Uses: The following items may be included in the outdoor common area requirement:

3.2.1.

Recreational open space, including, but not limited to:

3.2.1.1. Swimming pools.

3.2.1.2. Tennis courts.

3.2.1.3. Recreation buildings.

3.2.1.4. Jogging trails/fitness courses.

3.2.1.5. Tot lots.

3.2.1.6. Other recreational uses requiring permanent structures on the land other than the buildings.

3.2.1.7. Interior walkways separate from public sidewalks that connect parking lots to buildings, connect one building to another, and connect open spaces to buildings or parking lots.

3.2.2.

Greenbelts linking open space areas with residential areas, nonresidential areas, or other open space areas.

3.2.3.

Open landscaped areas not including land within five (5) feet of any structure or parking area excluding interior walkways separate from public sidewalks or any right-of-way excluding boulevards or traffic circles.

3.2.4.

Natural water features, wetlands, and conservation areas, or retention areas that incorporate active recreational purposes listed in this Section.

3.2.5.

Boulevards and traffic circles.

3.2.6.

As determined by the Zoning Administrator, the incorporation of innovative and creative site areas for reduction of stormwater runoff, conservation of energy, or similar exterior sustainable design features may be applied toward fulfillment of up to ten percent (10%) of minimum outdoor common area requirement, if consistent with the intent of this Section and the objectives described in Subsection 6-4-3.1 of this Section.

3.3.

Exclusions: Outdoor common areas shall not include the following:

3.3.1.

Areas reserved for the exclusive use or benefit of an individual occupant.

3.3.2.

Dedicated streets, alleys, or other public rights-of-way.

3.3.3.

Vehicular drives, private streets, and parking, loading and storage areas.

3.3.4.

Stormwater management areas without the recreational purposes listed in this Section.

3.4.

Common Area Access: Convenient access through a permanent easement shall be provided and perpetually guaranteed to all residents not granted primary access.

3.5.

Downtown: Nonresidential or mixed use planned unit developments in the B4, B5 and TU districts as applicable shall not be subject to minimum outdoor common area percentage requirements; however, they shall incorporate common area or site amenity features that achieve at least two (2) of the following purposes:

3.5.1.

Beautification of public ways beyond the minimum standards established by this Code.

3.5.2.

Midblock pedestrian linkages (e.g., breezeways, promenades or paseos) that provide access to internal site amenities, parking or adjacent buildings.

3.5.3.

Pedestrian seating, outdoor dining, and streetscape improvements beyond the minimum standards established by this Code, subject to approval of the City engineer if located within the public right-of-way.

3.5.4.

Installation of plazas, courtyards, formal gardens and other semipublic common areas.

3.5.5.

Provision of public art for the common benefit.

3.5.6.

Outdoor common areas above the street level which enhance building architecture and provide recreational benefit to employees or customers.

3.5.7.

Outdoor common area uses described in Subsection 6-4-3.3 of this Section, or other qualifying elements as determined by the Zoning Administrator.

4.

Park And School Sites: A planned unit development shall provide for the dedication of land for park and recreational purposes and land for school sites or a cash contribution in lieu of actual land dedication or a combination of both all in accordance with Title 7 of this Code.

5.

Landscaping, Screening, And Tree Preservation: A planned unit development shall comply with regulations for landscaping, screening, and tree preservation as set forth in Title 5 of this Code.

6.

Lighting: A planned unit development shall comply with regulations for exterior lighting as set forth in this Title.

7.

Pedestrian And Bicycle Circulation: Pedestrian and bicycle circulation systems shall be provided where possible to facilitate movement within the planned unit development and to ensure access to and between commercial facilities and public uses, including schools, parks, transit facilities, and recreational facilities. The circulation systems shall be a direct and convenient link to existing or planned routes and trails beyond each development.

8.

Public Improvements: All public improvements shall conform to the regulations and design standards of Title 7 of this Code, except that the design standards may be modified if the function of the public improvement is not altered.

9.

Principal Structures: The provisions of Title 7 of this Code which prohibit the utilization of any parcel of land or lot for the purpose of erecting more than one principal building or structure may be waived by the City for buildings and structures in a planned unit development.

10.

Relationship To Adjoining Land: A planned unit development shall be developed with connections to adjoining land. Designs should emphasize accessibility, open views, and connections with the larger community and discourage development that divides neighborhoods or restricts access to adjacent property. The design of lots, streets, sidewalks, and paths within a planned unit development shall make provisions for the continuation of such existing or proposed features to adjoining areas.

11.

Design: Planned unit developments shall be designed in accordance with applicable provisions of the comprehensive master plan as contained in Section 1-11-1 of this Code, including the building design guidelines.

11.1.

Provision of the following features shall be considered toward fulfillment of the planned unit development intent and objectives:

11.1.1.

Transit supportive design including creative mixed use developments.

11.1.2.

Preservation of established landscaping, natural or cultural features.

11.1.3.

Superior architectural design.

11.1.4.

Superior site design, including plazas, malls, formal gardens, or other pedestrian areas.

11.1.5.

Structured or underground parking areas, or parking areas that incorporate landscaping in excess of the minimum standards established by ordinance or policy.

11.1.6.

Community amenities.

11.1.7.

Inclusion of an attainable housing component.

11.1.8.

Barrier free design beyond the minimum accessibility standards required under the Illinois Accessibility Code, City of Naperville building code, or the City of Naperville fair housing code, or any other applicable accessibility code.

11.1.9.

Other features as determined by the Planning and Zoning Commission or City Council.

11.2.

Residential units within planned unit developments shall be designed so as to avoid the appearance of exterior monotony through incorporation of varying rooflines, building materials, colors or architectural enhancements.

12.

Deviations From Requirements Of This Code: Deviations shall be considered by the Planning and Zoning Commission and are subject to final approval by the City Council.

12.1.

Zoning, Landscaping And Subdivision Deviations: In accordance with the intent and purpose of this Chapter, consideration may be offered for deviations from the zoning, landscaping or subdivision requirements of this Code. Except for exceptional instances when use deviations may be permitted in accord with Section 12.2 below, the determination of whether a planned unit development deviation will be approved for a planned unit development shall be made using the following standards as guidelines:

12.1.1.

Whether the requested deviation would undermine the intent and purpose of the underlying zoning district; and

12.1.2.

Whether the requested deviation would be a detriment to the provision of municipal services and infrastructure; and

12.1.3.

Whether the requested deviation would contribute a planned unit development which offers a superior level of design, amenity enhancement, or environmental benefit; or would enhance community vitality through the inclusion of attainable or barrier free housing.

12.2.

Use Deviations: In accordance with the intent and purpose of this Chapter, consideration may be given in certain instances for deviations that would permit a use which is not a permitted or conditional in the zoning district in which the PUD is located as set forth herein. The City Council shall have the discretion to determine whether the petitioner has satisfactorily demonstrated that the criteria set forth below has been met so as to merit granting the unusual relief of a use deviation in a planned unit development.

12.2.1.

Unique and unusual circumstances are present; and

12.2.2.

The requested use deviation will not have an adverse impact on current uses in the PUD; and

12.2.3.

The requested use deviation will be incidental to the principal use of the PUD as principal use is defined in Section 6-1-6 of this Title; and

12.2.4.

The requested use deviation will not have an adverse impact on adjacent properties that would be significantly different than the permitted or conditional uses allowed in the underlying zoning district; and

12.2.5.

One or more of the following criteria are present:

12.2.5.1. The requested use deviation would achieve a land use goal identified adopted pursuant to Title 1 (Administrative), Chapter 2 (Comprehensive Plan) of this Code.

12.2.5.2. The requested use deviation would satisfy an unmet market need as evidenced by a market study or other similar report.

12.2.5.3. The requested use deviation is likely to benefit existing uses in which the PUD is located.

12.2.5.4. The requested use deviation is appropriate due to other circumstances or conditions specific to the PUD, including but not limited to, extended and/or high rate of vacancies or changing market conditions.

12.3.

Outdoor Common Area And Site Amenity Deviations: Consideration for a deviation to reduce the minimum required percentage of outdoor common area for a planned unit development may be offered, subject to the following standards:

12.3.1.

The requested deviation is in harmony with the intent and purpose of this Chapter.

12.3.2.

Outdoor common area or site amenities provided in the planned unit development fulfill the objectives of the outdoor common area or site amenity standard to achieve the provision of passive or active recreation, site amenity, environmental protection or beautification.

12.3.3.

Alternate site or building improvements are provided which sufficiently enhance purposes related to passive or active recreation, site amenity, environmental protection or beautification.

12.3.4.

The planned unit development achieves a level of environmental design or pedestrian amenity above and beyond what is required under otherwise applicable zoning requirements.

12.4.

Signage Deviations: Requests for deviations to the sign regulations contained in Title 5, Chapter 4 of this Code may be considered in conjunction with a request for a planned unit development or a change to a planned unit development in accordance with the standards described in Section 6-4-6 of this Chapter.

(Ord. 01-110, 6-5-2001; Ord. 08-149, 8-19-2008; Ord. No. 13-129, § 4, 11-5-2013; Ord. No. 21-012, § 3, 2-2-2021)

A planned unit development shall be granted as a conditional use in the zoning district in which it is located. The following procedures and requirements shall be applicable to any request for approval of a planned unit development:

1.

Preapplication: Prior to the filing of an application for the approval of a planned unit development, the applicant shall meet and consult with the Zoning Administrator to present a concept of the proposed planned unit development. The Zoning Administrator shall provide comments and recommendations to the applicant during this stage regarding areas of concern. Comments and recommendations made during the preapplication stage are advisory only. The applicant shall address these concerns either in writing or in overall design with the application.

2.

Preliminary Plat Of Planned Unit Development:

2.1.

An application for approval of a preliminary plat of planned unit development shall be filed in writing with the Zoning Administrator. The application shall contain a detailed statement of intent and concept (SIC) which explains the character of the planned unit development, the reasons why the applicant needs the flexibility of the planned unit development, how the comprehensive plan affects the property, how it accomplishes the purposes of the planned unit development regulations, a written description of how the applicant is addressing concerns raised by the Zoning Administrator in the preapplication stage, and any other information required by the City. The Zoning Administrator shall transmit the application to the Planning and Zoning Commission for review and public hearing. All information and data required by this Subsection and by Subsection 6-4-5.2 of this Chapter shall be submitted to the City before the application will be referred to the Planning and Zoning Commission.

2.2.

Notice shall be given in accordance with Section 6-3-5 (Administration and Enforcement: Procedures) of this Code.

2.3.

The public hearing shall be conducted by the Planning and Zoning Commission, and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall prescribe from time to time.

2.4.

The Planning and Zoning Commission shall submit its recommendations on the proposed preliminary plat to the City Council on the proposed preliminary plat.

2.5.

After receipt of the recommendation of the Planning and Zoning Commission, the City Council may, by ordinance, approve, or approve with modifications, the proposed preliminary plat of planned unit development authorizing the planned unit development as a conditional use. If the City Council does not approve a planned unit development, it may deny the planned unit development or refer the planned unit development back to the Planning and Zoning Commission for further consideration.

2.6.

The preliminary plat of planned unit development and supporting documents shall be attached to the ordinance approving the conditional use. Approval of a preliminary plat of planned unit development as a conditional use shall not constitute final approval of the final plat of planned unit development; rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plat and as a guide to the preparation of the final plat of planned unit development.

3.

Final Plat Of Planned Unit Development:

3.1.

A planned unit development may be final platted in phases. The final plat or plats of the planned unit development shall conform substantially to the preliminary plat of planned unit development as approved. While the preliminary plat of planned unit development shall generally specify uses of land and locations of buildings, the final plat of planned unit development shall designate with particularity the uses of land and the location of buildings.

3.2.

An application for approval of a final plat of planned unit development shall be filed in writing with the Zoning Administrator. The Zoning Administrator or their designee shall be authorized to recommend approval of a final plat of planned unit development to the City Council without referring the final plat to the Planning and Zoning Commission if it is determined that the final plat is in substantial conformance to the preliminary plat of planned unit development as approved by the City Council. If it is determined that the final plat is not in substantial conformance to the preliminary plat of planned unit development, the final plat shall be referred to the Planning and Zoning Commission for action in accordance with this Chapter.

3.3.

If a final plat of planned unit development is referred to the Planning and Zoning Commission, the Planning and Zoning Commission shall review the proposed changes to the preliminary plat of planned unit development as set forth in the final plat and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall prescribe from time to time.

3.4.

The Planning and Zoning Commission shall submit its recommendation on the proposed final plat of planned unit development to the City Council.

3.5.

After receipt of the recommendation of the Planning and Zoning Commission, the City Council may, by ordinance, approve, or approve with modifications, the proposed final plat of planned unit development authorizing the planned unit development as a conditional use. If the City Council does not approve a planned unit development after recommendation by the Planning and Zoning Commission, it may deny the planned unit development or refer the planned unit development back to the Planning and Zoning Commission for further consideration. The final plat of planned unit development and supporting documents shall be attached to the ordinance approving the conditional use.

(Ord. No. 01-110, 6-5-2001; Ord. No. 08-149, 8-19-2008; Ord. No. 13-129, § 4, 11-5-2013; Ord. No. 22-044, § 2, 5-3-2022)

Editor's note— Ord. No. 13-129, § 4, adopted November 5, 2013, changed the title of Section 6-4-4 from "Procedure" to "PUD plat procedures." The historical notation has been preserved for reference purposes.

1.

Planned Unit Development Plat:

1.1.

Drawing: A scaled drawing of the planned unit development, composed of one or more sheets showing the following information:

1.1.1.

Title by which the proposed planned unit development is to be referred.

1.1.2.

Legal description of the property and total acreage included.

1.1.3.

Scale, north point, and date of preparation.

1.1.4.

Name and address of the owner, applicant, engineer, and land surveyor.

1.1.5.

Location of City, county, and township boundary lines at or near the planned unit development.

1.1.6.

Location, dimensions, and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces, outdoor common areas, and school sites.

1.1.7.

Location and dimensions of proposed streets, alleys, easements, and stormwater control areas.

1.1.8.

Dimensions of the lots into which the property is proposed to be subdivided.

1.1.9.

Density of the planned unit development for both the entire development and individual land use areas.

1.1.10.

Location map showing the location of the planned unit development within the City.

1.1.11.

Character of the surrounding area of the planned unit development including existing land uses, subdivision of lands, location and dimensions of streets, alleys, easements, and stormwater control areas, and location of buildings and structures.

1.1.12.

Location and dimensions of existing streets, alleys, easements, stormwater control areas, buildings, structures, and public utilities within the planned unit development.

1.1.13.

Plan for sidewalks or pedestrian access and circulation and bicycle circulation systems.

1.1.14.

Floodplain lines as to be delineated by the applicable USGS flood quadrangle or other documents adopted by the City as part of the floodplain regulations set forth in Title 5 of this Code.

1.1.15.

A planned unit development that will result in the subdivision of land shall submit a separate subdivision plat which complies with the provisions of Title 7, Chapter 2 of this Code.

1.1.16.

A statement of intent and concept (SIC) which explains the character of the planned unit development.

1.2.

Character: An explanation of the character of the planned unit development, the reasons why it needs the flexibility of the planned unit development regulations, how the comprehensive plan affects the property, and how it accomplishes the purposes of the planned unit development regulations. This statement shall be in writing and shall address the substance of each of the factors set forth in Section 6-4-7 of this Chapter explaining why the proposed project fulfills each of the criteria for approval.

1.3.

Design Schedule: The following shall be included on the planned unit development plat:

1.3.1.

If different from the underlying Municipal Code requirements, a listing of the area, lot width, yard, height and bulk requirements including density applicable to the planned unit development.

1.3.2.

Proposed use of each building, structure or parcel of land.

1.3.3.

Number of parking spaces.

1.3.4.

Total and footprint square footage for nonresidential principal structures.

1.3.5.

Total and footprint square footage for accessory structures.

1.3.6.

Square footage of outdoor common area by type.

1.3.7.

If the development is to be constructed in phases, the design schedule shall include a designation of the phase components.

1.4.

Building Elevations: Building elevations for all buildings other than detached single-family structures.

1.4.1.

Site specific design criteria and prototypical building elevations shall be established for nonresidential, mixed use, multiple-family or single-family attached planned unit developments which contain more than one building.

1.4.2.

The Zoning Administrator shall determine consistency of development plans with the design intent of the planned unit development. Where plans are inconsistent with approved design criteria or prototypical building elevations, the provisions of Section 6-4-6 of this Chapter shall apply.

1.5.

Landscape Plan: Plans which meet the minimum requirements of Title 5 of this Code.

1.6.

Engineering:

1.6.1.

Preliminary Engineering: For a preliminary planned unit development plat, engineering plans shall be submitted which provide in sufficient detail to convey the general basis of design of the sanitary sewer, water, stormwater control, flood control, and street facilities.

1.6.2.

Final Engineering: For a final planned unit development plat, engineering plans shall be completed and detailed to show a topographic survey of the area, the design of the sanitary sewer, water, stormwater control, flood control, and street facilities including specifications. Final engineering shall include cost estimates for all public improvements.

1.7.

Financing Surety: For a final planned unit development plat, a guarantee of funds in accordance with the provisions of Title 7 of this Code.

1.8.

Covenants: For a final planned unit development plat, final agreements, provisions of covenants which will govern the use, maintenance and continued protection of the planned unit development.

1.9.

Natural Features Study: An analysis of the natural features and drainage patterns of the property, as necessary.

1.10.

Special Studies: Impact studies, parking studies, geological, topographic or soil analysis and other information and data as the City may require for the full and complete consideration of the planned unit development.

1.11.

Signage: For nonresidential and mixed use planned unit developments, a site signage package shall be submitted and any variances requested from the requirements of Title 5, Chapter 4 of this Code shall be noted.

(Ord. 01-110, 6-5-2001; amd. Ord. 08-149, 8-19-2008)

A planned unit development shall be constructed in accordance with the approved final plat of planned unit development and all supporting data. Changes to the planned unit development shall be considered to be either a major change, a minor change, or an administrative adjustment, in accordance with this Section. In addition to the factors set forth in this Section, the statement of intent and concept (SIC) provided on the planned unit development plat will also serve as a basis for determining whether a change is a major or a minor change.

1.

Major Change: Major changes are modifications which alter the concept or intent of the planned unit development. Factors which shall be considered in determining whether a proposed change constitutes a major or a minor change include:

1.1.

Request for a deviation to underlying Municipal Code requirements, approval of a conditional use, or request to increase the extent of a previously granted deviation to underlying Municipal Code requirements.

1.2.

Change in the designation of land use identified in an approved planned unit development to a use which is not consistent with the Statement of Intent and Concept approved for the planned unit development or the property's underlying zoning classification.

1.3.

Any increase in total gross floor area or number of dwelling units that would result in a square footage which exceeds the maximum FAR permitted in the underlying zoning district, fails to meet the minimum lot area requirements specified in the underlying zoning district, or would result in a parking requirements, as determined based on the off-street parking regulations set forth in Section 6-9-3 of this Title, which cannot be met at the subject property or at other permitted locations pursuant to Section 6-9-2:1, Section 6-9-2:2, and Section 6-9-2:3 of this Title.

1.4.

Any increase in approved building height which would be in excess of the maximum building height permitted in the underlying zoning district.

1.5.

Any decrease in the number of parking stalls which reduces the amount of parking provided at the subject property or at other permitted locations to less than that required by the off-street parking regulations for the specific use per Section 6-9-3 of this Title.

1.6.

Reduction in the acreage of open space or outdoor common area below the minimum required percentage defined in Subsection 6-4-3.3 of this Chapter, subject to the standards defined in Subsection 6-4-3.12.2 of this Chapter.

1.7.

Significant changes to the parking location, access plan, building or parking setback areas, landscaping plans, or approved conditions which are inconsistent with the Statement of Intent and Concept approved for the planned unit development as determined by the Zoning Administrator.

1.8.

Building design or change to approved elevations which is inconsistent with the approved planned unit development, does not meet the approved design criteria, prototypical elevations for the planned unit development, or is inconsistent with the City's comprehensive planning documents or policies, including, but not limited to, those referenced in Section 1-11-1 of this Code.

2.

Minor Change: Minor changes are modifications that are not defined as major changes and do not alter the concept or intent of a planned unit development. Minor changes may be approved by the City Council without the review and recommendation of the Planning and Zoning Commission unless the City Council refers a request for a minor change to the Planning and Zoning Commission for review and recommendation. The following factors shall be considered in determining whether a proposed change constitutes minor changes:

2.1.

Significant reduction in open space or outdoor common area as determined based upon the most recent approved planned unit development plat or any amendments thereto, but not below the minimum standard defined in Subsection 6-4-3.3 of this Chapter.

2.2.

Greater than twenty percent (20%) increase to either the gross floor area or building height, or a decrease not greater than twenty percent (20%) to the total number of parking spaces for the project.

2.3.

Establishment of controlling building elevations, landscaping plans, or other required plans for an outlot located within an approved planned unit development.

2.4.

Other minor changes to the parking location, access plan, building or parking setback areas, landscaping plans, building elevations, or approved conditions of the planned unit development as determined by the Zoning Administrator.

3.

Administrative Adjustments: Requests for alterations to an approved planned unit development which do not result in any of the major or minor changes set forth in this Subsection may be approved by the Zoning Administrator through an administrative adjustment process without the approval of City Council if the proposed changes do not impact on the intent and purpose of the planned unit development. Administrative adjustments which are not approved by the Zoning Administrator may be appealed by the applicant or property owner to the City Council as a minor change to the planned unit development.

4.

Notice shall be given in accordance with Section 6-3-5 (Administration and Enforcement: Procedures) of this Code.

(Ord. No. 01-110, 6-5-2001; Ord. No. 08-149, 8-19-2008; Ord. No. 13-129, § 4, 11-5-2013; Ord. No. 15-188, § 2, 11-17-2015)

Editor's note— Ord. No. 15-188, § 2, adopted November 17, 2015, changed the title of Section 6-4-6 from "Changes to a planned unit development" to "Changes to a final planned unit development." The historical notation has been preserved for reference purposes.

1.

The Planning and Zoning Commission shall not recommend approval of nor shall the City Council approve a conditional use for a planned unit development or a major or minor change to the planned unit development unless the proposed development or change complies with all of the following criteria:

1.1.

The design of the planned unit development presents an innovative and creative approach to the development of land and living environments.

1.2.

The planned unit development meets the requirements and standards of the planned unit development regulations.

1.3.

The physical design of the planned unit development efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.

1.4.

Open space, outdoor common area, and recreational facilities are provided.

1.5.

The modifications in design standards from the subdivision control regulations and the waivers in bulk regulations from the zoning regulations fulfill the intent of those regulations.

1.6.

The planned unit development is compatible with the adjacent properties and nearby land uses.

1.7.

The planned unit development fulfills the objectives of the comprehensive plan and planning policies of the City.

2.

The City Council may but shall not be required to make written findings of fact based on the criteria for approval on an application for approval of a planned unit development or a change to a planned unit development.

(Ord. No. 01-110, 6-5-2001; Ord. No. 08-149, 8-19-2008; Ord. No. 13-129, § 4, 11-5-2013)

1.

The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions:

1.1.

Final platting does not occur within two (2) years from the date of approval of the preliminary plat of a planned unit development.

1.2.

Construction does not commence and proceed within two (2) years from the date of approval of the final plat of a planned unit development.

1.3.

The City Council may extend the time limits in up to one year increments.

2.

The City Council may initiate, or the owner (or authorized owner's representative) of the parcel of land on which the planned unit development is to be constructed, may apply for the revocation of the planned unit development. The owner shall be notified, in writing, at least thirty (30) days prior to the City Council's consideration of the revocation if initiated by the City Council.

3.

In conjunction with a request to revoke an existing planned unit development, the owner of the parcel of land, or an owner's authorized representative, may concurrently seek the establishment of a new planned unit development or seek rezoning of the parcel of land to an appropriate zoning designation.

In the absence of the owner of the parcel of land seeking to establish a new conditional use for a planned unit development or rezoning of the parcel to an appropriate zoning designation, the Planning and Zoning Commission shall conduct a public hearing to determine if the underlying zoning district in which the parcel of land is located remains appropriate for said parcel following the requested revocation of the existing planned unit development. The recommendation of the Planning and Zoning Commission shall be submitted to the City Council for consideration in conjunction with the request to revoke the approved planned unit development. If the City Council determines that the underlying zoning is no longer appropriate for the parcel of land, the City Council may deny the request for revocation of the planned unit development. Alternatively, if the City Council determines that the underlying zoning is appropriate for the parcel of land, the City Council may approve the request for revocation of the planned unit development at which time the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district in which it is located.

(Ord. 01-110, 6-5-2001; Ord. No. 21-012, § 3, 2-2-2021)