Pinckneyville City Zoning Code
PLANNED UNIT
DEVELOPMENT PUD
§ 154.340 INTENT AND PURPOSE.
This subchapter establishes provisions for rezoning of land within the city to provide for a Planned Unit Development (PUD). The purpose of this subchapter, Planned Unit Development, is to achieve the objectives enumerated in § 154.001 plus the following additional objectives:
(A) To provide a regulatory mechanism whereby the city can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the city’s issuance of the necessary zoning, subdivision, and/or building permits;
(B) To permit development of a wide variety of building types and other structures and uses in a single comprehensively planned project;
(C) To preserve the significant and prime farm land, natural topography, scenic features, mature trees, and historic structures existing on sites proposed for development;
(D) To encourage innovative site layouts and coordinated architectural treatment of different building types and other structures and uses;
(E) To ensure the provision of usable common open space in planned developments, and to spur installation of various amenities therein;
(F) To facilitate the economical installation of standard streets, sewers, utilities, and other improvements.
(Ord. O-2014-06, passed 8-11-14)
§ 154.341 COMPLIANCE WITH ORDINANCES.
Except as specifically provided otherwise in this section, Planned Unit Developments (PUDs) shall, comply and conform with all applicable codes and ordinances including this Zoning Chapter and the Subdivision Ordinance.
(Ord. O-2014-06, passed 8-11-14)
§ 154.342 WHERE DISTRICTS ARE ALLOWED.
Planned Unit Developments (PUDs) may be built in any geographic location affected by this chapter, but only upon rezoning and a Planned Unit Development District by the Zoning Commission.
(Ord. O-2014-06, passed 8-11-14)
§ 154.343 PERMISSIBLE DEVIATION FROM ORDINANCE REQUIREMENTS.
The Planned Unit Development (PUD) concept is intended to afford both the developer and the city considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this section, PUDs may deviate from generally applicable ordinance requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.
(A) Mixed uses. PUDs may include all types of buildings and other structures and uses approved by the Zoning Commission; provided, that in approving such mixed construction and uses, the Zoning Commission may attach any conditions necessary to protect the public welfare.
(B) Lot and structure requirements. In PUDs, the Zoning Commission may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the PUD are appropriately interrelated and property abutting the PUD is adequately protected from any potential adverse impacts of the development. LOT AND STRUCTURE REQUIREMENTS means minimum individual lot area, width, and depth; minimum setbacks; and maximum structure height.
(C) Location of parking/loading spaces. By permission of the Zoning Commission, off-street parking and loading spaces in PUDs need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per §§ 154.320 through 154.328.
(Ord. O-2014-06, passed 8-11-14)
§ 154.344 PRELIMINARY PUD DEVELOPMENT PLANS.
Every applicant for preliminary PUD development plan approval shall comply with the
procedural requirements of this section. The required procedures are as follows:
(A) Filing PUD development plan with the Zoning Administrator;
(B) Review of the PUD development plan by the Zoning Board of Appeals;
(C) Public hearing by the Zoning Board of Appeals;
(D) Recommendation by the Zoning Board of Appeals regarding approval/rejection of the PUD development plan; and
(E) Action by Zoning Board of Appeals on the PUD development plan.
(Ord. O-2014-06, passed 8-11-14)
§ 154.345 INFORMATION REQUIRED FOR APPLICATION.
Every applicant for approval of a preliminary PUD development plan shall submit to the Zoning Administrator, in narrative and/or graphic form, the items of information listed below for review by the Zoning Board of Appeals:
(A) Written documents.
(1) Legal description of the total site proposed for development;
(2) Names and addresses of all owners of property within or adjacent to the proposed PUD;
(3) Statement of the planning objectives to be achieved by the PUD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
(4) Development schedule indicating the approximate date when construction of the PUD or phases of the PUD can be expected to begin and be completed;
(5) Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, building units, and the like.
(6) Data indicating:
(a) Total number and type of proposed building units;
(b) Gross and net acreage of parcel;
(c) Acreage of gross and usable open space; and
(d) Area of various uses.
(B) Graphic materials.
(1) Existing site conditions including contours at five foot intervals and locations of water courses, flood plains, wetlands, unique natural and man-made features, and wooded areas;
(2) Proposed lot lines and plot designs;
(3) Proposed location, size (square feet), and general appearance of all existing and proposed buildings and other structures and uses;
(4) Location and size (acres or square feet) of all areas and facilities conveyed, dedicated, or reserved as common open spaces, public park and recreation areas, linear paths, and similar public and semi-public uses;
(5) Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership - public or private - should be included where appropriate);
(6) Existing and proposed pedestrian and other specially identified circulation systems, including their relationship to the vehicular circulation system and proposed treatments of points of conflict;
(7) Existing and proposed utility systems including sanitary and storm sewers, and water, electric, gas, cable and telephone lines;
(8) General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;
(9) Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas;
(10) Any additional information required by the city to evaluate the character and impact of the proposed PUD.
(Ord. O-2014-06, passed 8-11-14)
§ 154.346 CRITERIA CONSIDERED FOR ADVISORY REPORT.
Within a reasonable time after receipt of the preliminary PUD, the Zoning Administrator shall submit to the Zoning Board of Appeals a written advisory report concerning acceptance/rejection of the PUD development plan. In deciding what its advice should be, the Zoning Administrator shall consider the following criteria:
(A) The extent to which the proposed development is consistent with the city’s Comprehensive Plan and with the purposes of this Zoning Chapter and of all other applicable codes and ordinances;
(B) The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including but not limited to, the use and lot and building regulations of the district), and the apparent merits (if any) of said deviations;
(C) Whether the proposed design of the PUD makes adequate provisions for vehicular, pedestrian and other specially identified circulation, off-street parking and loading, separation of the different land uses, open space, park and recreation areas and facilities, preservation of unique natural and man-made features, and agricultural land;
(D) The compatibility of the proposed PUD with adjacent properties and surrounding area; and
(E) Any other reasonable criteria that the Zoning Administrator may devise.
(Ord. O-2014-06, passed 8-11-14)
§ 154.347 PUBLIC HEARING BY ZONING BOARD OF APPEALS.
Within a reasonable time after receipt of the advisory report, the Zoning Board of Appeals shall hold a public hearing as per the requirements for a public hearing.
(Ord. O-2014-06, passed 8-11-14)
§ 154.348 DECISION BY ZONING BOARD OF APPEALS.
Within a reasonable time following the hearing, the Zoning Board of Appeals by resolution, shall either approve or disapprove the preliminary PUD development plan. The Zoning Board of Appeals shall not approve any preliminary PUD development plan unless:
(A) The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and
(B) The proposed PUD, as evidenced by the development plan, complies with all applicable codes and ordinances. (Deviations to the extent permitted under § 154.343 shall not be deemed non-compliance.)
(Ord. O-2014-06, passed 8-11-14)
§ 154.349 FINAL DEVELOPMENT PLANS.
With respect to the preparation, submission, and review of PUD final development plans, the developer and this city shall comply with the regulations of the following sections.
(Ord. O-2014-06, passed 8-11-14)
§ 154.350 INFORMATION REQUIRED FOR FILING.
Not later than one year after the approval of the preliminary PUD development plan, the applicant shall file with the Zoning Administrator the final PUD development plan for the first phase of the proposed PUD. Said final PUD development plan shall contain in final form all the items of information listed at § 154.345, plus the following:
(A) Proof that the developer has acquired legal title to all land within the PUD or has executed a binding agreement with all the owners of such land thereby giving the developer effective control over its development;
(B) Legal description of each lot to be individually owned and each parcel to be held in common;
(C) Articles of incorporation and bylaws of any/all property owners association(s) identified;
(D) Restrictive covenants and any other legal instruments required by the City Attorney guaranteeing the proper upkeep and use of the common open space and park and recreation areas;
(E) Legal instruments dedicating streets and other improvements to the city or conveying same to an identified property owners association (as the case may be).
(Ord. O-2014-06, passed 8-11-14)
§ 154.351 ADVISORY REPORT.
Not later than 60 days after the application for final PUD development plan approval is filed, the Zoning Administrator, the City Engineer, and the City Attorney shall submit a written advisory report to the Zoning Board of Appeals. The report shall fully discuss the extent to which the final PUD development plan conforms to the approved preliminary PUD development plan and to all other applicable codes and ordinances.
(Ord. O-2014-06, passed 8-11-14)
§ 154.352 ACTION BY ZONING BOARD OF APPEALS.
At its next regularly scheduled meeting following submission of the report, the Zoning Board of Appeals shall, by ordinance, either approve or disapprove the PUD final development plan. The Zoning Board of Appeals shall not approve any final PUD development plan unless:
(A) The developer has posted a performance bond or deposited funds in escrow in an amount the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and the City Attorney has stated that all legal instruments (particularly restrictive covenants and dedications) are satisfactory; and
(B) The proposed PUD, as evidenced by the final PUD development plan, complies with ail applicable codes and ordinances and substantially conforms to the approved preliminary PUD development plan.
(Ord. O-2014-06, passed 8-11-14)
§ 154.353 CHANGES IN APPROVED PLANS.
No changes shall be made to any approved PUD development plan except as follows:
(A) Minor changes if required by engineering or other circumstances not foreseen at the time the final PUD development plan was approved.
(B) All other changes shall require a public hearing before the Zoning Board of Appeals and a resolution by the City Council.
(C) No approved change shall have any effect until it is recorded with the Perry County Recorder as an amendment to the recorded copy of the PUD development plan.
(Ord. O-2014-06, passed 8-11-14)
§ 154.354 FAILURE TO BEGIN DEVELOPMENT.
If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the PUD development plan shall lapse upon written notice to the applicant from the Zoning Administrator and shall be of no further effect. However, in its discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction. If a final PUD development plan lapses as per this section:
(A) Any building permits shall automatically become null and void; and
(B) All zoning regulations applicable before the PUD was approved shall automatically be in full effect.
(Ord. O-2014-06, passed 8-11-14)