In order to facilitate advantageous developments of larger tracts of land under a unitary site plan compatible with the existing uses within any zoning district and neighboring areas, the owner or owners of land may apply to the Village Board for approval of a planned unit development in compliance with the regulation as set forth in this Article.

A planned unit development is a special use which is a privilege to be earned and not a right which can be claimed simply by complying with the standards established in this Article. The Village Board may: 1) deny the application; 2) refer it back to the Plan and Zoning Commission for further consideration or; 3) adopt an ordinance approving the planned unit development. The Plan and Zoning Commission may recommend and the Village Board may require any design modification or other condition which will promote appropriate development to the benefit of the community. It is not intended that the Village Board shall automatically grant the use exceptions or density increases proposed for a planned unit development. The Plan and Zoning Commission shall recommend and the Village Board shall grant only such exceptions and/or density increases which will clearly benefit the Village. The planned unit development should provide amenities not otherwise required in this Appendix A and establish facilities and open space greater than the minimum otherwise required. As a condition for approval, each planned unit development must be compatible with the character and objectives of the zoning district within which it is located and each planned unit development shall be consistent with the objectives of the Village's Comprehensive Plan. The Plan and Zoning Commission and Village board shall consider the additional objectives set forth in this Article for planned unit developments. (Ord. 03-1155, 3-18-2003)

The Village Board have the sole authority to approve planned unit developments as a special use under this Appendix A. A public hearing shall be held and the Plan and Zoning Commission shall issue written recommendations in accordance with the provisions of Chapter 4 of this Code. An approved planned unit development shall be an "overlay" zone so that the property retains the underlying zoning of the district in which it is located. (Ord. 03-1155, 3-18-2003)

1. A residential planned unit development shall:
   1. Offer residential settings that promote appropriate architecture features and encourage the placement of structures in proper relationship to the natural characteristics of the site; and
   2. Preserve natural environmental areas that achieve a sense of spaciousness and counteract the effects of urban monotony, congestion and paving; and
   3. Provide harmonious architecture and site design at a scale, character and density that are appropriate to the site and surrounding areas.
   4. Promote quality design and architecture.
      
2. A commercial planned unit development shall:
   1. Promote the cooperative development of business or commercial centers with adequate off street parking and controlled access points on thoroughfares; and
   2. Promote the separation of pedestrian areas from vehicular traffic areas; and
   3. Enhance property values; and
   4. Develop centers which have a size and location compatible with the market potential; and
   5. Provide buffers from adjacent residential areas and encourage harmonious architecture between adjacent commercial structures and residential areas; and
   6. Provide enhanced amenities such as plazas, parks, fountains and decorative plantings; and
   7. Promote quality design and architecture.
   Commercial planned unit developments might include retail, general or professional offices, service uses and residential uses above these commercial uses.
3. An industrial planned unit development shall:
   1. Promote the establishment of industrial parks which permit groups of industrial buildings with integrated design and coordinated traffic and site planning; and
   2. Promote the separation of pedestrian areas from vehicular traffic areas; and
   3. Offer industrial settings that promote appropriate architectural features and encourage the placement of structures in proper relationship to the natural characteristics of the site; and
   4. Promote quality design and architecture; and
   5. Provide buffers from adjacent commercial or residential areas and encourage harmonious architecture between adjacent commercial structures and residential areas. (Ord. 03-1155, 3-18-2003)
      

Modifications to established zoning and subdivision regulations is a privilege and will be considered by the Village only upon evidence of tangible benefits from the planned unit development to the Village as a whole and to the neighborhood in which it is proposed. These benefits shall be in the form of exceptional amenities, landscape, architectural, site design or special manmade features or the conservation of natural features on the site.

The following standards shall be utilized in considering an application for a planned unit development that requires modifications to established zoning or subdivision regulations These standards shall be used as a framework within which the Village can test the quality of the amenities, design and desirability of the proposal.

1. Site Design. A planned unit development shall be laid out and developed with an integrated overall design concept. The design shall provide for the safe, efficient, convenient and harmonious grouping of structures, uses and facilities. The design of both interior and exterior space shall be appropriate to the intended uses and the community.
2. Open Space. Common open space in the planned unit development shall be integrated into overall design. Such space shall have a direct functional or visual relationship to the main building(s) and not be isolated either spatially or in character. The following shall not be deemed to be common open space for purposes of this standard:
   1. Areas reserved for the exclusive use or benefit of an individual tenant or owner.
   2. Dedicated streets, alleys and other public rights of way.
   3. Vehicular drives, parking, loading and storage area.
   4. Strips of land that are unusable because of their narrowness or irregular shape.
3. Functional And Mechanical Features. Storage areas, trash and garbage retainers, mechanical equipment, service areas, loading areas, utility buildings, and similar accessory areas and structures shall be specifically accounted for in the design of the planned unit development. These shall be designed with special planting or other screening methods to ensure that they are unobtrusive and blend seamlessly with the project and surrounding properties.
4. Visual And Acoustical Privacy. The planned unit development shall provide for reasonable visual and acoustical privacy. Fences, insulation, walks, barriers and landscaping shall be used to reduce noise, enhance aesthetics, provide privacy to occupants and to screen objectionable views.
5. Environmental Conservation. The planned unit development shall conserve and enhance special landscape features on the site such as trees, streams, ponds, wetlands, groves and animal habitat.
6. Drives, Parking And Circulation. Vehicular and pedestrian circulation shall, in each instance, be the subject of a separately drawn and titled architectural or engineering plan. Special attention shall be given to the location and number of access points to the public streets and the width and access points of interior drives. This shall include general interior circulation patterns, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles and arrangement of parking areas that are safe, convenient and aesthetically pleasing both on site and off site. Designs which integrate improvements in parking, vehicular traffic and pedestrian movements within the area are strongly encouraged.
7. Surface Water Drainage. Special attention shall be given to surface drainage to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Systems which improve the general drainage, quality of water runoff and/or detention capacity within a watershed area are strongly encouraged.
8. Comprehensive Plan. The planned unit development shall conform with the planning policies, goals and objectives stated within the Village's Comprehensive Plan.
9. Personal To The Petitioner. Unless specifically stated otherwise, each planned unit development shall be personal and limited to the petitioner. Upon a change in or transfer of ownership, the planned unit development shall lapse. For purposes of this Section, change in ownership shall occur when the person to whom the planned unit development was granted holds less than fifty one percent (51%) ownership interest in the use.
10. Standards Shall Apply. All of the standards for a special use shall be applied unless in conflict with this Article. (Ord. 03-1155, 3-18-2003)
    

In order for the Plan and Zoning Commission to make a positive recommendation and for the Village Board to approve an application for a planned unit development, an affirmative finding must be made with respect to each of the following matters:

1. The establishment, maintenance and operation of the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. The planned unit development will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor diminish or impair property values within the neighborhood.
3. The planned unit development will not impede the normal and orderly development and improvement of surrounding property for those uses that are specifically permitted in the district.
4. Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.
5. Ingress and egress either has been or pursuant to mandatory conditions shall be designed to minimize traffic congestion in the public streets.
6. The planned unit development conforms in all respects to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the Village Board after considering the recommendations of the Plan and Zoning Commission.
7. Provisions or penalties are in place to assure that the planned unit development is maintained in strict compliance with the minimum standards established by the planned unit development ordinance. This shall be the requirements of an ongoing legal entity such as a homeowners' association, owner or management entity whose responsibilities for the planned unit development requirements run with the land. (Ord. 03-1155, 3-18-2003)
   

The Plan and Zoning Commission may recommend and the Village Board may authorize specified uses not otherwise permitted by the use regulations of the district in which the development is located, provided that the Plan and Zoning Commission makes each of the following findings:

1. The use for which the exception is proposed is necessary or clearly desirable and is appropriate with respect to the primary purpose of the planned unit development;
2. The use for which the exception is proposed will not have a negative impact on the surrounding neighborhood or community. (Ord. 03-1155, 3-18-2003)
   

The Plan and Zoning Commission may recommend, and the Village Board may authorize, any exceptions to the applicable bulk regulations of this Appendix A, provided the recommendation or grant is supported by the following findings, which shall be based on evidence in the procedural record:

1. That the exception meets the standards for consideration contained in Section 17-4 of this Article; and
2. That the exception is solely for the purpose of promoting a unified site plan and of meeting the objectives contained in Section 17-3 of this Article and the Comprehensive Plan.

(Ord. 18-1706, 2-20-2018)

All planned unit developments are subject to the review and approval process before the Plan and Zoning Commission and Village Board as set forth in Chapter 4 of this Code. (Ord. 03-1155, 3-18-2003)

Proposed projects that represent a significant departure from the Comprehensive Plan may elect to submit for a preliminary project review, which is entirely elective. See Appendix D, Article I, "Fees", of this Code for the associated fee. (Ord. 09-1436, 12-7-2009)

A planned unit development shall be developed and maintained in strict and total accordance with the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned unit development. Changes in a planned unit development may only be made as follows:

1. Minor Changes. Minor changes in locations or sizes shown on exhibits may be approved, in writing, by the Director of Community Development. Typically, a minor change will not involve a percentage change greater than three percent (3%). However, not all changes of less than three percent (3%) shall necessarily be deemed to be minor. The determination of the Director of Community Development as to whether a change is a minor change shall be final.
2. Village Board Approved Changes. The Village Board may approve, without referral to the Plan and Zoning Commission, such other changes as it finds are: a) in the best interest of the Village, and b) do not involve changes in numerical functions or values found in the text of the planned unit development ordinance, and c) do not have a substantial, direct impact on adjacent properties. The determination of the Village Board as to whether a requested change should be referred to the Plan and Zoning Commission shall be final.
3. Changes Requiring A Public Hearing. Any change involving a size, quantity or other numerical value found in the text of the planned unit development ordinance or any change having substantial, direct impact on adjacent properties shall not be made except after a public hearing before the Plan and Zoning Commission. Additionally, the Village Board or the Director of Community Development may refer any requested change to the Plan and Zoning Commission for public hearing when either believes it would be in the best interest of the Village to do so.

If a developer requests more than two (2) changes pursuant to Subsections (B) of this Section, the third and subsequent change may be granted only upon the affirmative vote of at least five (5) of the members of the Village Board.

Any requested change will be considered only after the establishment of a cash escrow with the Village in an amount, as estimated by the Director of Community Development and building that will cover all Village costs including, but not limited to, all outside consultant fees. (Ord. 03-1155, 3-18-2003)

Unless stated otherwise in this Appendix A, a planned unit development shall lapse and be of no further force and effect unless a building permit has been issued by the Village for such purposes within two (2) years after the effective date hereof. An applicant who has obtained planned unit development approval may request an extension of this time period by filing with the Director of Community Development a letter stating the reasons for the request. The Director of Community Development shall transmit the letter to the Village Board which, in its sole discretion, may grant the request if good cause is shown by the applicant.

No application for a planned unit development shall be filed with or accepted by the Director of Community Development, which is identical or substantially similar to an application which has been denied by the board of trustees within the previous three hundred sixty five (365) days. (Ord. 03-1155, 3-18-2003)