Planned unit developments (PUD) are allowed in this Ordinance as a distinct category of special use. The primary purpose of the planned unit development is to ensure that developments are consistent with the intent, purpose, and policies of the officially adopted Niles Comprehensive Plan. It is intended that planned unit developments will encourage the innovative land planning, architecture, landscape architecture, and site amenities beyond that which would be possible though the strict application of the Niles Zoning Ordinance and Niles Subdivision regulations. In particular, the planned unit development technique is intended to encourage and allow more creative and flexible development of land than is possible under district zoning regulations and should only be applied to further those applications that provide compensating amenities to the Village. The underlying district dimensional and use regulations apply to a PUD unless specifically modified through the approval process. Through the flexibility of the planned unit development technique, the planned unit development is intended achieve some or all of the following objectives:

A.

Allow for the creation of projects with a variety of land uses to be developed as a unified project.

B.

Ensure that developments meet the intent, purpose, and policies of the Village of Niles Comprehensive Plan.

C.

Encourage innovation and creativity in the land planning and design process.

D.

Preserve natural site amenities and features such as vegetation, topography, geologic features, environmentally sensitive areas, access to public lands, and other unique features of the site.

E.

Encourage the availability of recreational opportunities and the preservation of open space.

F.

Prevent and control soil erosion and surface flooding.

G.

Create a method for the preservation of common open space for the continued use and enjoyment of residents within the development as well as village-wide.

H.

Provide for the efficient location of institutions and public buildings and facilities.

I.

Provide a process that encourages the innovative reuse and/or redevelopment of older under-performing properties.

J.

Encourage flexibility in the development of land and in the design of structures.

K.

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this Ordinance.

L.

Allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning controls.

M.

Combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different uses in an innovative and functionally efficient manner.

N.

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, circulation patterns, and utilities.

O.

Encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective flooding, soil, drainage, and other natural ecologic conditions.

P.

Facilitate the implementation of adopted Village land use policies, particularly with respect to areas planned for potential redevelopment.

A.

The entire property proposed for the planned unit development must be in single ownership or under unified control. All owners of the property must be included as joint applicants on all applications and all approvals will bind all owners.

B.

A minimum of one acre is required for a planned unit development proposal.

C.

All developments in the C-5 District shall be considered a Planned Unit Development and must follow the requirements set forth in this Section of the Zoning Ordinance.

(Ord. No. 2022-58, § 2(Exh. 1), 8-23-22)

Editor's note— Ord. No. 2022-58, § 2(Exh. 1), adopted August 23, 2022, changed the title of § 12.2 from "Initiation" to "General Requirements."

A planned unit development is authorized as a special use in the zoning districts (see Section 8). A planned unit development must be granted in accordance with the procedures and standards of this Section and the special use provisions of Section 15. Unless specifically approved as part of the planned unit development and special use approval, the requirements of the underlying district apply.

A.

The planned unit development is subject to the underlying district dimensional and use regulations unless an exception is specifically granted. The Planning and Zoning Board may recommend and the Village Board may grant exceptions to the zoning district use and dimensional regulations where a planned unit development is located. Exceptions from district regulations may be granted for planned unit developments, if the exceptions:

1.

Enhance the overall merit of the planned unit development.

2.

Promote the objectives of both the Village and the development.

3.

Enhance the quality of the design of the structures and the site plan.

4.

Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.

5.

Are compatible with adopted Village land use policies.

6.

Provide a public benefit to the Village, as described below.

B.

The underlying zoning district requirements apply, unless an exception is granted as part of the planned unit development and special use approval. Exceptions to district regulations may be granted where it is determined that such modifications do not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or traffic circulation on-site and off-site. To be granted such exceptions, the applicant must demonstrate superior design and enhanced amenities. In no case may an exception to district regulations be granted unless the applicant demonstrates a substantial benefit to the Village. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following:

1.

Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and public transit facilities.

2.

Preservation of existing environmental features.

3.

Preservation of historic features.

4.

Open space and recreational amenities such as:

a.

Swimming pools.

b.

Tennis courts.

c.

Recreational open space accessory buildings.

d.

Jogging trails and fitness courses.

e.

Playgrounds, dog parks, skate parks, and similar recreational features.

f.

Natural water features and conservation areas.

g.

Multi-use trails, nature trails, boardwalks, overlooks, landscaped areas with native plantings, which may incorporate water features, such as a detention pond.

5.

The use of green building and sustainable development techniques, including LEED or LEED-equivalent certification of structures.

6.

Incorporation of storm water management techniques above that required by the development.

7.

Adaptive reuse of existing buildings.

8.

Provision of public car and/or bike share facilities.

9.

A senior housing set-aside, either rental or for-sale.

10.

Affordable housing set-aside.

In addition to the special use standards, the following procedures, requirements, restrictions, and conditions are required. In addition to the special use procedures, approval of a planned unit development includes a pre-application consultation, required concept plan review, and planned unit development approval.

A.

Pre-Application Consultation

1.

Prior to formal submittal of an application, a pre-application conference with the Director of Community Development is required.

2.

At a pre-application consultation, the applicant must provide information as to the location of the proposed planned unit development, the proposed uses, proposed improvements including the public benefits and amenities, anticipated exceptions to this Ordinance, and any other information necessary to explain the planned unit development.

3.

The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of concept plan, so that the applicant may determine whether the proposed planned unit development is in compliance with the provisions of this Ordinance and other applicable regulations, and whether the proposed planned unit development aligns with the adopted land use policies of the Village.

4.

The pre-application conference does not require formal application, fee, or filing of a planned unit development application. Any opinions or advice provided by the Director of Community Development are in no way binding with respect to any official action that may be taken on the subsequent formal application.

B.

Concept Plan

1.

Before submitting a formal application for a planned unit development, the applicant must present a concept plan before the Village Board for the purpose of obtaining information and guidance prior to formal application. The concept plan will be presented at a public meeting and no notice is required. At a minimum, the concept plan must consist of the following:

a.

A map or maps in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the planned unit development, the location of all adjacent public streets, public utilities, and schematic drawings showing the size, character, and disposition of buildings on the site.

b.

A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction.

2.

The Village Board will review the concept plan, and provide such information and guidance it deems appropriate. Any opinions or advice provided by the Village Board is in no way binding with respect to any official action the Planning and Zoning Board or Village Board may take on the subsequent formal application. The review of the concept plan is not a public hearing therefore no notification is required.

C.

Planned Unit Development Review

1.

Action by Director of Community Development

An application for a planned unit development must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will schedule the application for consideration by the Planning and Zoning Board.

2.

Action by Planning and Zoning Board

a.

Within 60 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Planning and Zoning Board, the Planning and Zoning Board will consider the planned unit development at a public hearing.

b.

The Planning and Zoning Board will review the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section and the approval standards for a special use. The Planning and Zoning Board must recommend either approval, approval with conditions, or denial of the planned unit development.

c.

Following the close of the public hearing, the Planning and Zoning Board will forward its recommendation to the Village Board.

3.

Action by Village Board

The Village Board will review the planned unit development within 60 days of receipt of the Planning and Zoning Board recommendation, unless an extension of time is agreed to by the applicant and the Village Board. The Village Board must approve, approve with conditions, or deny the planned unit development.

4.

Conditions

The Planning and Zoning Board may recommend, and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned unit development as may be deemed necessary for the protection of the public health, safety, and welfare. Such conditions and restrictions must be reflected in the ordinance approving the planned unit development.

5.

Approval Standards

The recommendation of the Planning and Zoning Board and decision of the Village Board must make a finding that a preponderance of the special use standards of Section 15 and the following standards for a planned unit development have generally been met.

a.

The proposed planned unit development meets the purpose of a planned unit development as described in Section 12.1.

b.

The proposed planned unit development will not be injurious to the use and enjoyment of other property in the vicinity.

c.

The proposed planned unit development will not impede the normal and orderly development and improvement of surrounding property.

d.

There is provision for adequate utilities, drainage, off-street parking and loading, pedestrian access, and all other necessary facilities.

e.

There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets.

f.

The location and arrangement of structures, parking areas, walks, landscape, lighting, and other site design elements, are compatible with the surrounding neighborhood and adjacent land uses.

6.

Expiration

The planned unit development approval expires if a building permit has not been issued within two years after the date the Village Board grants planned unit development approval. As part of the Village Board approval of the planned unit development, the Village Board may extend this period of time. An extension of this two year validity period may be granted by the Village Board prior to the expiration date of the approval if the applicant requests an extension in writing prior.

(Ord. No. 2022-58, § 2(Exh. 1), 8-23-22)

A.

Planned Unit Development Submittal

The planned unit development application must include the following elements:

1.

A legal description of the development, and a legal description of each separate subdivided parcel, including any areas to be conveyed, dedicated, or reserved for public or quasi-public uses.

2.

Proof of ownership.

3.

A site location map drawn to an appropriate scale showing the proposed planned unit development in relation to surrounding streets and properties located within 600 feet in all directions of the development site. The map must indicate the location, height, and use of all existing structures immediately adjacent to the development site.

4.

A Master Plan showing streets, lots, parcels, and sites for all uses included in the planned unit development. including areas proposed to be conveyed, dedicated, or reserved for public uses including parks, playgrounds, and parkways, as well as a brief written statement describing the planned unit development.

5.

A site plan drawn to an appropriate scale of no less than 1" = 100' indicating:

a.

The location, building footprint, height, and approximate dimensions of all existing and proposed structures.

b.

All proposed uses.

c.

The dimensions of all yards and the distance between all structures.

d.

The location and dimensions of all pedestrian walkways, driveways, streets, and parking and loading facilities, including the number of parking spaces serving each land use.

e.

The location of all areas to be conveyed, dedicated, or reserved for open space and/or institutional uses.

6.

Architectural floor plans and building elevations.

7.

A traffic circulation plan indicating the proposed movement of vehicles, bicycles, and pedestrians within the development, and to and from adjacent streets. The plan must also indicate an evaluation of the adequacy of on-site parking facilities, vehicular circulation patterns, and pedestrian and bicycle access and safety.

8.

Preliminary engineering plans including the following:

a.

A drainage plan prepared indicating how surface drainage will be controlled and managed, consistent with all Village and other governmental jurisdictions, regulations, and requirements.

b.

A utilities study indicating the adequacy of the utility systems serving the proposed planned unit development, including water distribution lines, sanitary sewers, and stormwater drainage facilities.

9.

A landscape plan as required per Section 11.

10.

A schedule setting forth any proposed exceptions to any Village regulations. This schedule must cite by section number each regulation from which an exception is sought.

11.

A description of the public benefits and amenities to be provided.

12.

A traffic impact analysis indicating the volume of traffic to be generated by the development and proposing any special engineering design features and/or traffic regulation devices needed to ensure efficient and safe traffic circulation to, through, and around the planned unit development.

13.

Proposed commercial and/or mixed-use planned unit developments should delineate uses. Uses that are classified as 'special uses' will need to be designated as such.

14.

A preliminary development schedule indicating the following:

a.

The approximate date of construction start.

b.

The number of construction phases and the date starting each phase.

c.

The date of completion of each phase.

d.

A construction phasing plan.

15.

A draft of all proposed bylaws, covenants, easements, maintenance and other agreements, wherever applicable.

16.

All plats, certificates, seals, and signatures required for the dedication or vacation of land and/or the recording of the planned unit development site plan.

(Ord. No. 2017-58, § 2(Exh. 1), 11-28-17; Ord. No. 2022-58, § 2(Exh. 1), 8-23-22)

No adjustments may be made to the approved planned unit development, except upon application to the Village in accordance with the following.

A.

Administrative Modifications

The Director of Community Development may approve the following administrative modifications to an approved planned unit development when it is determined by the Director of Community Development that such changes are in substantial conformance with the approved planned unit development. Any changes considered a minor or major modification, as defined in this section, cannot be approved as an administrative modification. The Director of Community Development, at his/her sole discretion, may choose to classify a modification that meets the criteria of this section as a minor modification to be approved by the Planning and Zoning Board. No notice is required for an administrative modification.

1.

Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation.

2.

Changes in building location of no more than five feet that continue to meet the requirements of this Ordinance and any conditions of the final plan approval.

3.

Changes in the location of walkways, vehicle circulation ways, and parking areas of up to 10 feet that continue to meet the requirements of this Ordinance and any conditions of the planned unit development approval.

4.

Interior modifications that do not increase the area of the building footprint.

5.

Changes in building design, including building materials, that continue to meet the requirements of this Ordinance and any conditions of the planned unit development approval.

6.

Modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Ordinance.

7.

Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and conform with all landscape requirements of this Ordinance.

8.

Modification of existing signs or the addition of new signs when in conformance with sign regulations.

B.

Minor Modifications

The Planning and Zoning Board may approve the following minor modifications to an approved final plan when it is determined by the Planning and Zoning Board that such changes are in general conformance with the approved final plan. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification. Minor modifications to an approved final plan do not need to be approved by the Village Board. The Planning and Zoning Board, at its sole discretion, may choose to classify a modification that meets the criteria of this section as a major modification to be approved by the Village Board. No notice is required for a minor modification. When calculating percentages, all fractions are rounded up to the nearest whole number.

1.

An increase or decrease in the number of dwelling units of up to 10%.

2.

An increase or decrease in building height of up to 10%.

3.

An increase or decrease in building coverage up to 10%.

4.

An increase or decrease in open space up to 10%.

5.

A change in the location of walkways, vehicle circulation ways, and/or parking areas between 10 to 20 feet.

6.

A change in the location and arrangement of general land use categories within the development, or an increase or decrease of up to 10% in the overall final approved land use mix in any phase.

7.

A change or relocation of any rights-of-way.

8.

An increase or decrease in the number of parking spaces of up to 10 parking spaces.

9.

A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this Ordinance.

10.

Altering any final grade by no more than 20% of the originally planned grade.

C.

Major Modifications

1.

All changes to an approved planned unit development that do not qualify as an administrative or minor modification shall be considered a major modification. In addition, any of the following are considered major modifications:

a.

More than one request for an extension of time of the planned unit development approval.

b.

Changes to any conditions imposed as part of planned unit development approval.

c.

Reductions or alterations in the approved public benefit and amenities to be provided.

d.

Any development action that does not comply with zoning district regulations.

2.

All major modifications to the planned unit development must be reviewed by the Planning and Zoning Board and approved by the Village Board. Approval of major modifications will follow the special use process. The Village Board may only approve changes to the planned unit development if they find such changes are in general conformance with the approved planned unit development, necessary for the continued successful functioning of the planned unit development, respond to changes in conditions that have occurred since the planned unit development was approved, and/or respond to changes in adopted Village land use policies.

3.

Upon review of the proposed major modifications, the Village Board may determine that the proposed modifications constitute a new planned unit development and the changes must be resubmitted as an amendment to the approved planned unit development and must and follow the procedures of approval in this Section.

D.

All Other Modifications

1.

All modifications that are not considered administrative, minor, or major modifications, shall require an amendment to the approved planned unit development and/or a new planned unit development and must follow the procedures of approval in this Section.

(Ord. No. 2022-58, § 2(Exh. 1), 8-23-22)

Editor's note— Ord. No. 2022-58, § 2(Exh. 1), adopted August 23, 2022, changed the title of § 12.7 from "Modifications to Approved Final Plans" to "Modifications to Approved Planned Unit Development."

The following items shall be required as part of a submittal for a building permit. in addition to all other permit requirements:

A.

A site plan drawn to an appropriate scale of no less than 1" = 100' indicating:

1.

Final designation of the location. building footprint. height. and exact dimensions of all existing. and proposed structures.

2.

A detailed tabulation of each separate land use, including building footprint area and gross floor area, and where applicable, the total number of residential dwelling units.

3.

The existing uses and anticipated uses of proposed structures and land by general land use category.

4.

The dimensions of all yards and the distances between all structures.

5.

The final location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each land use, and all parking lot landscape.

6.

The exact location and dimensions of all areas to be conveyed, dedicated, or reserved for open space and/or institutional uses.

B.

All final covenants, easements, agreements and other provisions required to govern the use, maintenance, and continued protection of the development.

C.

A final lighting plan indicating the location, height, design, and illumination characteristics of all external lighting fixtures within the development.

D.

Final engineering plans and details including: a detailed utilities and drainage plan indicating the size and location of all water distribution lines, sanitary sewers, and storm drainage facilities required to serve the development and the manner in which surface drainage will be controlled and managed consistent with all applicable Village and state regulations.

E.

A final development and construction schedule indicating the following:

1.

The date when construction of the planned unit development will begin or, if developed in phases, the date when construction of the first phase will begin.

2.

If the development is to be developed in phases, a map indicating the phases in which the development will be built, the dates when the final plans for all but the first phase will be filed, and the approximate dates when construction of each subsequent phase will begin.

3.

The date when construction is anticipated to be completed or, if developed in phases, the date when construction of each phase is anticipated to be completed.

4.

Construction staging plan.

F.

A letter of credit, cash deposit, or bond equal to 125% of the construction estimate or 110% of accepted contractor bids must be provided for public and common area improvements.

(Ord. No. 2022-58, § 2(Exh. 1), 8-23-22)