The purpose of planned unit development is to encourage the most orderly development of properties through advance planning and thus assure adequate standards for the development of residential neighborhoods; provide regulations to encourage a variety of dwelling types; assure adequate open space; protect residential areas from undue traffic congestion; protect residential areas from the intrusion of business, industrial and other land uses that may create an adverse effect upon the living environment; and thus promote the general welfare of the community.

(Ord. 280 § 13.11(1), 1968.)

A.

The basic provisions and requirements concerning planned unit developments are the subdivision, development and use of land as an integral unit, providing for one or more of the following: single-family residential, multifamily residential, educational, business, commercial, industrial, recreational, parks, and common use areas, may be described as a planned unit development.

B.

In its establishment and authorization as a special use, in addition to the provisions of subsection A, procedures, requirements, restrictions, standards, and conditions of subsection C shall be observed.

C.

The planned unit development may be excepted from the provisions of the subdivision regulations and of the zoning ordinance of the city to the extent specified in the final authorization of the planned unit development.

(Ord. 442 § 1(E), 1973; Ord. 280 § 13.11(2), 1968.)

A.

The applicant shall request the city council, by letter addressed to the city and the zoning administrator, to call a meeting of the plan commission, at the expense of the applicant, for a preliminary discussion of the proposed planned unit development. The zoning administrator shall request the plan commission to hold such a meeting, and the plan commission shall call such meeting, which may be continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the plan commission with the proposed development, which shall include, but not necessarily be limited to, the following:

1.

A tentative sketch plan, which may be in freehand sketch form, showing the location and extent of the types of land uses proposed;

2.

The existing topography at 150-centimeter (five (5) foot) contour intervals which may be taken from U.S.G.S. information;

3.

Existing streets surrounding the subject property;

4.

Existing utilities including storm drainage facilities;

5.

The following shall be provided by either graphic exhibits or written statement:

a.

The density of residential uses and the number of dwelling units by type,

b.

The ancillary and nonresidential uses to be provided in a residential planned unit development,

c.

The off-street parking and other service facilities proposed,

d.

The exceptions or variations to the city zoning or subdivision requirements being requested as part of the planned unit development application.

B.

Within thirty (30) days after final adjournment of the meeting, the plan commission shall submit to the city council its report in writing containing recommendations.

C.

The formal petition for a planned unit development shall be addressed to the city council and shall be filed with the city clerk; twenty (20) copies of the petition shall be filed with the city clerk; attached to each copy shall be copies of the supporting documents and exhibits provided for in this chapter.

D.

A filing fee in an amount of two dollars ($2.00) per dwelling unit or ten dollars ($10.00) per gross 4,000 square meters (acre), whichever is greater, shall be paid to the city clerk at the time of such filing.

E.

The city council shall refer the petition to the zoning administrator, who shall request the plan commission to hold a public hearing at a date not less than thirty (30) nor more than sixty (60) days after the filing of the petition. Notice of the hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before said hearing date in one (1) or more newspapers of general circulation in the city.

F.

The city clerk shall forward a copy of the petition to the mayor, the zoning administrator, and to each member of the city council and of the plan commission.

G.

The petition shall be heard by the plan commission and its report to the city council of its findings and recommendations shall be accompanied by such plats, exhibits and agreements as shall have been presented by the petitioner, each identified for reference by letter or number, together with any suggested changes therein.

H.

The city council may grant a special use for a planned unit development which shall be by specific ordinance and which shall contain or to which shall be appended all terms and conditions of the grant, including covenants and agreements, guarantees, performance bonds, plats and the like.

(Ord. 667 § 1(f), (g), (h), 1978: Ord. 280 § 13.11(3), 1968.)

The formal petition shall contain, in addition to all other requirements, the following:

A.

An outline plan of the planned unit development. This plan will be at a scale of not less than 2½ centimeters = 30 meters (1″ = 100′) which shall show all proposed streets (public and private), street classifications, rights-of-way, all principal and accessory buildings and their use, lot sizes, building lines, easements for utility services, off-street parking, service areas, open space, recreation facilities and other information necessary to clearly show the proposed elements of the planned unit development.

B.

Preliminary architectural plans for all residential buildings shall be submitted in sufficient detail to show the basic building planning, the number of units per building and the number of bedrooms per dwelling unit.

 Preliminary architectural plans are not required for business or other nonresidential buildings at the time of this application but must be submitted to the plan commission for its approval prior to filing an application for a building permit.

C.

A topographic survey and boundary survey of the subject area, prepared and certified by a registered Illinois surveyor.

D.

A rendered plan of the planned unit development area showing in contrasting colors or by other means the respective location of all categories of land use.

E.

A map of the city showing the planned unit development area and its relation to the existing roads and streets and use districts within and immediately adjacent to the city.

F.

Preliminary plans and outline specifications of the following improvements:

1.

Roads, streets and alleys, including classifications, width of right-of-way, widths of paved surfaces and construction details;

2.

Sidewalks, including widths of paved surfaces and construction details;

3.

Sanitary and storm sewer system;

4.

Water supply system;

5.

Street lighting and public area lighting system;

6.

Recommended installations for electric, gas and telephone facilities and distribution;

7.

Sequence of phases or stages of development of he planned unit development;

8.

A general landscape planting plan shall be prepared by a landscape architect and shall meet the approval of the plan commission.

G.

Estimates of cost of installation of all proposed improvements, confirmed by a registered Illinois engineer.

H.

Petitioner's proposed covenants, restrictions and conditions to be established as a part of the planned unit development.

(Ord. 280 § 13.11(4), 1968.)

A.

The petitioner shall construct and install the required improvements and must post with the city a sum in cash, or negotiable securities or a surety bond running to the city in an amount sufficient to cover the full cost including engineering and inspection fees and costs, plus ten (10) percent of such total, to assure the satisfactory installation of such improvements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost provided for in this section; if a surety bond is submitted, it shall have good and sufficient surety thereupon and shall not be accepted until approved by the mayor and city council.

B.

If the planned unit development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond posted shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the city engineer.

C.

In lieu of a sum in cash, or negotiable securities or in surety bond, the city council may approve as security for completion of said improvements, a letter of credit in an amount sufficient to cover the full cost of the required improvements, including engineering and inspection fees and costs, plus ten (10%) percent. Said letter of credit shall incorporate the provisions of an agreement or undertaking in lieu of completion bond executed by the subdivider and city. Said undertaking shall contain such provisions as the city attorney deems necessary to assure performance by the subdivider and issuing banking institution, and contain a provision indemnifying the city for inspection fees and costs, damages or fines incurred by the city as the result of improper or negligent construction or inspection of said improvements.

(Ord. 300 § 2, 1969; Ord. 280 § 13.11(5), 1968.)

Street classifications, definitions, and specifications, shall be in accord with the regulations pertaining to the same as established in the subdivision regulations of the city, codified in Title 16, as may be amended from time to time.

(Ord. 280 § 13.11(6), 1968.)

No planned unit development shall be authorized unless the plan commission shall find and recommend, in addition to those standards established in this title for special uses, that the following standards will be met:

A.

General.

1.

The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development;

2.

The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood;

3.

That any industrial park areas established in the planned unit development conform to all requirements therefore as set forth elsewhere in this title;

4.

That all minimum requirements pertaining to commercial, residential, institutional, or other uses established in the planned unit development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied in the chapter granting and establishing a planned unit development use;

5.

When private streets and common driveways are made a part of the planned unit development or private common open space or recreation facilities are provided the applicant shall submit, as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the city council.

B.

Residential.

1.

Residential density for a planned unit development shall not be substantially greater than the recommended density as shown on the land use plan or comprehensive plan for the city, nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned development is located, except that the plan commission may recommend and the city council may grant any reduction in individual lot areas or dimensions, where common open spaces are to be provided or dedicated; provided, that if the total area of land in the planned unit development is 40,000 square meters or more (ten or more acres), then the aggregate number of dwellings and the dwelling units to be constructed on the combined area on all such reduced lots and common open spaces may be up to 15% more than the number which would otherwise be permitted by the district regulations if no such reductions were granted;

2.

Business uses may be included as part of a planned residential development when the plan commission finds that such business uses are beneficial to the overall planned unit development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than ten (10) percent of the planned unit development;

3.

The open areas provided in the part of the planned development containing only residential structures shall be preserved over the life of the planned unit development for use only by the residents of the planned development or dedicated to the city for school, park, playground or other public uses by an instrument or guarantee acceptable to the city council; and

4.

For that part of a planned development devoted to residential uses, the plan commission may recommend and the city council may approve, access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned development is located, provided;

a.

That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwellings served,

b.

The spacing between buildings shall be approved by the plan commission and shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys, and

c.

The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the districts in which the planned development is located, and the plan is developed to afford adequate protection to neighboring properties as recommended by the plan commission and approved by the city council.

C.

Variations of Minimum Requirements.

1.

Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction, or covenant, any land or space separate from single-family or multifamily residential districts, to be used for parks, playgrounds, commons, greenways, or open areas, the plan commission may consider and recommend to the city council, and the city council may vary the applicable minimum requirements of the subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following:

a.

Rear yard;

b.

Side yard;

c.

Lot area;

d.

Bulk;

e.

Intensity of use;

f.

Street width;

g.

Sidewalks;

h.

Public utilities;

i.

Off-street parking;

2.

Business.

a.

Business uses shall be as prescribed by the plan commission;

b.

All business and storage of materials shall be conducted or stored within a completely enclosed building;

c.

Not more than thirty (30) percent of the lot area shall be covered by buildings or structures;

d.

At least ten (10) percent of the lot shall be provided for landscape and open space purposes;

e.

No building shall be more than 10½ meters (thirty-five (35) feet) in height;

f.

No dwellings shall be permitted in a planned business development;

g.

Off-street parking shall be provided and maintained on the same lot based upon 2,700 square centimeters (3 (three) square feet) of parking space for each 900 square centimeters (square foot) of gross floor area unless the plan commission recommends and the city council required additional off-street parking space;

h.

Service and loading and unloading facilities shall be provided as recommended and approved by the plan commission;

i.

No building shall be located nearer than 15 meters (fifty (50) feet) to any street line;

j.

Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential public open space, schools, churches or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the plan commission;

k.

Outside lighting shall be so designed and placed so as to not be disturbing to adjacent residential areas;

l.

Signs shall comply with the regulations of B-1 business use permitted in this title.

(Ord. 442 § 1(F), 1973; Ord. 391 § 1(N)(O), 1972: Ord. 280 § 13.11(7), 1968.)

Prior to granting any special use, the plan commission may recommend, and the city council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter, or as may be from time to time required. In all cases in which special uses are granted, the city council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be complied with.

(Ord. 280 § 13.11(8), 1968.)

After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council.

(Ord. 280 § 13.11(9), 1968.)

A.

If work on the proposed development has not begun within two (2) years from the date of the authorization order of the city council, the authorization shall become null and void and all rights thereunder shall lapse. Upon written application, filed prior to the termination of the two (2) year time limit, the city council may authorize a single extension of the time limit for a further period of not more than twelve (12) months without a public notice.

B.

Upon lapse of a special use permit, for any reason, any change of zoning district classification, which was made in furtherance of the granting of the special use permit, shall become void and without further action by the city council, the zoning district classification shall revert to the classification in effect immediately prior to the filing of the original petition for the special use permit.

(Ord. 280 § 13.11(10), 1968.)

At any time after the city council has granted a special use permit for a planned unit development, modifications, changes, or amendments (including additions or deletions) may be granted only upon application therefor to the zoning administrator and the plan commission. The zoning administrator will request the plan commission to hold a meeting, at the expense of the applicant, and at such meeting the plan commission will consider the modifications, changes, or amendments requested and may grant or deny the request without a public hearing only if the modifications, changes, or amendments requested are deemed to be minor and in accord with the apparent intent of the city council in granting the original special use permit. If, however, the plan commission finds that any requested modification, change, or amendment is other than minor or is not in accord with the apparent intent of the city council in granting the original special use permit, the plan commission shall not grant the request, but may hold a public hearing regarding such request, at the expense of the applicant, and report to the city council its findings and recommendations. The city council may, without further hearings, grant or deny the requested modifications, changes, or amendments by specific ordinance, in accordance with the provisions of this section applicable to amendments. No modification, change, or amendment shall or may be considered minor if it could result in any increase in the number of dwellings or dwelling units specified in the special use permit, nor if such modification, change, or amendment would not be allowable under the applicable district regulations, pertaining to use, floor area ratio, maximum lot coverage, off-street parking, or transitional yards.

(Ord. 667 § 1(1), 1978: Ord. 391 § 1(P), 1972: Ord. 280 § 13.11(11), 1968.)