(A)

Description: The purpose of Planned Unit Development (PUD) regulations are to provide an alternate zoning procedure under which land can be developed, or redeveloped to encourage more creative, imaginative and desirable developments than would generally be possible under conventional zoning regulations. By allowing greater flexibility in the design of residential, commercial and industrial developments, these regulations seek to enhance the character of the village in accordance with the village's goals as set forth in the comprehensive plan.

(B)

Objectives: The PUD procedure has the following among its objectives:

(1)

Flexibility and Variety: To promote flexibility in design and variety in the type and location of structures and uses.

(2)

Efficiency and Economy: To promote the efficient use of land to facilitate more economic arrangement of buildings, parking, circulation systems, drainage facilities and utilities; create places oriented to the pedestrian that reduce traffic congestion, promote physical activity and spur social interactions.

(3)

Integrated Uses: To promote the integration of compatible and mutually supportive uses.

(4)

Comprehensive Planning: To promote comprehensively planned projects which include public facilities and improvements.

(5)

Site Character and Amenities: To promote the design and layout of a development to encourage the best integration with the site's character; to unify and enhance the development's sense of place through the use of unique site amenities.

(6)

Open Space and Preservation: To promote more usable and suitably located recreational facilities, open space and common areas; support the preservation and incorporation of natural features and environmental resources.

(Ord. 163, passed 12-5-1961; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 12-005, passed 1-10-2012)

(A)

Approvals: The procedure to be followed in considering applications for special use for a PUD shall be as follows:

(1)

Application: An application verified by the owner of record or authorized agent of said owner of the property involved shall be filed with the community development department for the attention of the zoning board or plan commission and shall contain or be accompanied by all required information.

(2)

Plat of Subdivision: All PUD's involving the subdivision of land shall submit preliminary and final plats, which may include required overlay information as set forth in section 151.20. The plat and overlay information shall include, but is not limited to, property lines, common areas, roadways, parking areas, sidewalks, buildings/structures, utilities, detention/retention areas and existing/proposed landscaping.

(3)

Public Hearings: Upon verification of the application, notification of a public hearing is required, as set forth in section 154.41 of this chapter. A record of pertinent information presented at the public hearing shall be made and maintained by the zoning board or plan commission as part of their permanent record.

(4)

Determination: The zoning board or plan commission shall then make its findings and recommendations to the village board following the date of public hearing for each application. The village board may then authorize a "special use" for a PUD, as set forth in section 154.44, provided the evidence presented meets the PUD requirements in this chapter.

(B)

Changes to Approved Development Plans: Changes to the approved development plan(s) shall be considered an amendment to the original approval for the PUD and shall be subject to the amendment procedures set forth in section 154.110 of this chapter.

(C)

Termination of Special Use: If construction has not commenced within one (1) year from the date of the adoption of the ordinance governing the PUD or if construction is not completed within a five (5) year period from the date of said ordinance, the village board may, without need of further hearing, void the special use for the PUD for any or all portions of the PUD not constructed and the underlying zoning shall be in effect.

(Ord. 163, passed 12-5-1961; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 12-005, passed 1-10-2012; Am. Ord. 22-024, passed 3-22-2022)

(A)

Type of Planned Unit Development: Each PUD shall be designated as one (1) of two (2) types as follows, according to the principal type of use by area: Residential PUD or Mixed Use PUD.

(B)

Uses Permitted: The following uses shall be allowed within a PUD subject to special use approval:

(1)

Residential PUD: The uses within a residential PUD shall be limited to those uses allowed as a permitted or special use in all residential districts, excluding R-1.

(2)

Mixed Use PUD: The uses within a mixed use PUD shall be limited to those uses allowed as a permitted or special use in all residential districts (excluding R-1), B-1 through B-3 business districts and M-P planned manufacturing district.

(C)

Ownership and Control: A tract of land to be developed as a PUD shall be constructed and maintained under common ownership or control. Documentation reflecting how the PUD will be maintained shall be submitted at time of application for the special use. Approval of the PUD shall be subject to the review of the required PUD documents by the village board.

(D)

Applicable Regulations: Any conveyance of a portion of the property shall constitute a termination of the rights granted under the special use for the construction of the PUD, unless approved by the village board. Nothing herein contained, however, shall prohibit the conveyance of portions or units of a PUD for the purpose of condominium ownership. Residential portions of a PUD may be either held in condominium ownership with common areas fully owned and controlled by the association or subdivided into separate lots held in fee simple title by the individual owners. Special exemptions may be allowed and/or additional conditions required, if deemed appropriate by the zoning board, plan commission or village board as part of the PUD review process.

(E)

Effect of Approval: The PUD is an overlay district and does not affect the underlying zoning until the ordinance authorizing the PUD has been adopted. The PUD shall be governed by the regulations of the underlying zoning district or districts in which it is located, except as modified in this chapter and/or the ordinance approving the PUD. Said ordinance may provide for exceptions from the district regulations to achieve the objectives of the proposed PUD.

(F)

General Design Standards: All PUDs shall incorporate the following applicable general design standards and criteria to be considered for approval:

(1)

Planning Goals: The PUD is compatible with the planning goals of the village as contained in the various elements of the comprehensive plan and related policy resolutions.

(2)

Open Space: The PUD is sensitive to the natural environment through the preservation and incorporation of open space, natural landforms and native plantings.

(3)

Amenities: The PUD provides exceptional site amenities, such as recreational facilities, gardens, plazas, public art, site furnishings, decorative lighting and signage.

(4)

Landscaping: The PUD provides superior ornamental landscaping, screening plantings and/or native plantings.

(5)

Architecture: The PUD offers high quality architecture with respect to the design, material selection or fenestration of its buildings. All PUD structures shall be compatible with surrounding buildings and harmonious with the character of the existing neighborhood.

(6)

Energy Efficiency: The PUD allows for energy efficient building and site design and encourages the incorporation of green building technologies.

(7)

Stormwater Management: The PUD includes contemporary techniques for the conveyance, storage and release of stormwater as well as implementing water quality best management practices.

(8)

Historic Sites: The PUD provides for the preservation of any existing historic buildings, structures, sites or neighborhoods within its boundaries.

(9)

Traffic Design: The PUD includes traffic design appropriate to the development which includes a separation of vehicular, pedestrian/bicycle traffic circulation systems which are sensitive to safety, convenience and aesthetics. The PUD shall anticipate increases in traffic and parking demand while providing solutions to mitigate their effects on the surrounding areas.

(G)

Impacts to School Districts: In order to limit the impacts to local school districts, PUD's shall not exceed the following bedroom distribution chart:

(H)

Donations: Each PUD shall be subject to donations that help alleviate the burden placed on services in the area of schools, parks, police, fire, cultural, transportation, right-of-way improvements and utility services.

(I)

Transportation System Improvements: The PUD concept allows for more intense and complex developments which may necessitate transportation system improvements both on-site and off-site as part of the development, as determined by the village.

(Ord. 163, passed 12-5-1961; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 12-005, passed 1-10-2012; Am. Ord. 22-024, passed 3-22-2022)

(A)

Two (2) Types of PUDs: To encourage this flexibility, the village has established two (2) different PUDs, each with its own set of parameters and identity. The residential PUD is composed of single- and/or multiple-family residential housing and the mixed use PUD (MUPUD) which contains two (2) or more different land uses, including, but not limited to, single-family residential, multiple-family residential, commercial, office and hotel uses.

(1)

Residential PUDs: The regulations herein are intended to provide versatility in designing the residential PUD and allow flexibility for achieving the general design standards.

(a)

Minimum Size of Site: Each residential PUD shall consist of a minimum of five (5) contiguous acres. No minimum lot area or width shall be required.

(b)

Maximum Lot Coverage: In residential PUDs, the building groundcover shall be limited to thirty percent (30%) of the gross area of the site. The combination of buildings, streets, private patios, sidewalks, fire lanes, parking facilities and other impervious areas cannot cover more than fifty-five percent (55%) of the land. Commercial areas within a residential PUD are considered in residential figures for building coverage and open space.

1.

Maximum front yard coverage shall be no more than fifty percent (50%) for residential duplex PUDs with lots that are thirty-six feet (36') or less in width. Driveways, sidewalks, or any impervious surfaces shall be included in calculating front yard coverage.

2.

The village may approve a credit to increase the maximum lot coverage amounts stated above, provided the PUD meets the general design standards and conforms to the village's comprehensive plan.

(c)

Minimum Yard Requirements: The following minimum yards shall be provided and maintained in residential PUDs:

1.

Buildings Abutting Roads: All buildings or structures, shall be set back a minimum of twenty feet (20') from a local street right-of-way or private drive or thirty feet (30') from the right-of-way of a collector street, plus an additional one foot (1') back for every foot in building height over twenty-eight feet (28') in height.

2.

Buildings Abutting Other Structures: All buildings or structures abutting other buildings or structures shall provide a minimum of thirty-five feet (35') plus the depth of any accessory structure between each other, except where two (2) sides abut that distance may be reduced to twenty feet (20') plus the depth of any accessory structure.

3.

Buildings Abutting Peripheral Property Lines: A minimum buffer of not less than ten feet (10') in width or a distance equal to fifty (50%) of the building's height, whichever is greater, shall be provided between all buildings and abutting peripheral property lines.

4.

Accessory Structures Abutting Peripheral Property Lines: A minimum buffer of not less than ten feet (10') in width shall be provided between all accessory structures and abutting peripheral property lines.

5.

Roads and Parking Areas Abutting Peripheral Property Lines: A minimum buffer of not less than twenty feet (20') in width shall be provided between all roads, parking areas, fire lanes and other paved driving surfaces and abutting peripheral property lines.

(d)

Maximum Building Height: No principal building shall exceed thirty-five feet (35') in height.

1.

The village may approve a credit to increase the maximum building height stated above, provided the PUD meets the general design standards and conforms to the village's comprehensive plan.

(e)

Accessory Buildings, Structures and Uses: Accessory buildings, structures and uses shall be permitted in PUDs, subject to the following requirements:

1.

Nonfee Simple Lots, Rental Developments and Fee Simple Lots Without Fenced Yards: No accessory structures and uses are permitted in any common open area or private unfenced yards except for attached decks and/or patios. Such decks and/or patios must comply with the following:

a.

No part of the first floor deck and/or patio may extend more than one foot (1') in height (measured from grade at the building foundation) except for a railing or separation fence. Finished elevation of second floor (or higher) decks shall match the elevation of adjacent building floor.

b.

Square footage of second floor (or higher) decks shall be equal to, or less than, the square footage of the next lower deck. The placement and maintenance of any limited common elements, as defined by the Illinois Condominium Act, which extend into or over a first floor lot and support second floor (or higher) decks shall be allowed and provided for in the properties' covenants.

c.

All railings shall be open in design and meet all applicable code requirements.

d.

Separation fences are only allowed to extend between units and shall be a maximum of six feet (6') in height (measured from grade at the building foundation). Separation fences shall be no longer than one (1) side of the deck and/or patio or a maximum of eight feet (8') from the building, whichever is less.

e.

The village may approve a credit to increase the height of the first floor deck and/or patio, railing or separation fence, provided they have adequate screening or meet a valid hardship (i.e.; ADA accessibility, etc.).

f.

Separation fences are allowed to screen any decks and/or patios that extend beyond the attached building from the adjoining unit and not to screen individual decks and/or patios from the common open space or adjacent buildings.

g.

Decks and/or patios may not exceed a total area of two hundred (200) square feet and in the case of fee simple lots they may also not cover more than forty percent (40%) of the rear yard, whichever is greater.

2.

Fee Simple Lots With Fenced Yards: All fee simple lots having fenced yards shall comply with the Accessory Buildings, Structures and Uses requirements of subsection (A)(1)(e)1. listed above, with the exception that they may erect any permitted accessory use or structure within the fenced area and may cover up to one hundred percent (100%) of the fenced rear yard.

3.

Changes to Approved Accessory Structures: All changes or amendments to approved accessory buildings, structures and uses shall be subject the requirements set forth in the PUD Amendments section of this Code, section 154.110.

(2)

Mixed Use PUD (MUPUD): The mixed use PUD is intended to provide a procedure for approving mixed use commercial/industrial/residential developments. The regulations herein are intended to provide versatility in designing the MPUD and allow flexibility for achieving the general design standards.

(a)

Minimum Size of Site: Each MUPUD shall consist of a minimum of ten (10) contiguous acres. No minimum lot area or width shall be required.

(b)

Maximum Lot Coverage: In MUPUDs, the building groundcover shall be limited to fifty percent (50%) of the total area of the MUPUD. The combination of buildings, streets, sidewalks, fire lanes, parking facilities and other impervious areas cannot cover more than eighty percent (80%) of the land.

1.

The village may approve a credit to increase the maximum lot coverage amounts stated above, provided the MUPUD conforms to the village's comprehensive plan and meets the PUD general design standards for higher building density.

(c)

Minimum Yard Requirements: The following minimum yards shall be provided and maintained in MUPUDs:

1.

Buildings Abutting Roads: All buildings or structures, shall be set back a minimum of thirty feet (30') from a street right-of-way or private drive plus an additional one foot (1') back for every three foot (3') increase in building height over sixteen feet (16') in height.

2.

Buildings Abutting Other Structures: All buildings or structures abutting other buildings or structures shall provide a minimum of thirty-five feet (35') plus the depth of any accessory structure between each other, except where two (2) sides abut that distance may be reduced to twenty feet (20') plus the depth of any accessory structure.

3.

Buildings Abutting Peripheral Property Lines: A minimum buffer of not less than ten feet (10') in width or a distance equal to fifty (50%) of the building's height, whichever is greater, shall be provided between all buildings and abutting peripheral property lines, except where adjacent to residential where the minimum shall be not less than twenty feet (20') in width or a distance equal to fifty (50%) of the building's height, whichever is greater.

4.

Accessory Structures Abutting Peripheral Property Lines: A minimum buffer of not less than ten feet (10') in width shall be provided between all accessory structures and abutting peripheral property lines.

5.

Roads and Parking Areas Abutting Peripheral Property Lines: A minimum buffer of not less than ten feet (10') in width shall be provided between all roads, parking areas, fire lanes and other paved driving surfaces and abutting peripheral property lines, except where adjacent to residential where the minimum shall be thirty feet (30').

(d)

Maximum Floor Area Ratio (FAR): The floor area ratio of all principal and accessory buildings, including parking structures, in a MUPUD shall be determined on an individual site basis.

(e)

Maximum Building Height: The height of all principal and accessory buildings, including parking structures, in a MUPUD shall be determined on an individual site basis.

(B)

Structures Allowed in Peripheral Buffers: Structures which are allowed in the peripheral buffer for a PUD may include structures connected to the adjacent building(s) such as: Patios, decks, balconies and sidewalks; but shall exclude structures such as: Parking decks/lots, drive aisles, fire lanes, and roadways.

(C)

Open Space: A minimum of forty-five percent (45%) of the total area of a residential PUD and a minimum of twenty percent (20%) of the total area of a MUPUD shall be devoted to open space unless otherwise granted lot coverage credits under subsection 154.108 (A)(1)(b)1.

(1)

Open space, for the purposes of meeting the PUD requirements, shall be limited to the following items:

(a)

Landscaped portions of private yards and courts.

(b)

Public open space and conservation areas.

(c)

Stormwater management areas including: Detention ponds, natural water features, wetlands, and floodplain/floodways. A combined total of the stormwater management areas shall not exceed fifty percent (50%) of the required open space coverage of a PUD. Land donated for public use shall not be included in the open space figures.

(d)

Rooftop areas which are accessible for recreation and contain landscape or turf grass plantings will be considered open space. A combined total of the landscaped roof areas shall not exceed thirty percent (30%) of the required open space coverage of a residential PUD.

(e)

Bufferyard areas around the perimeter of adjoining properties and abutting roadways.

(f)

Landscaped portions of interior and perimeter parking lot areas.

(2)

Open Space Distribution and Design: Buildings and structures shall be positioned to provide the maximum usable open space. Open space shall be distributed equally throughout the PUD and shall be linked to provide a continuous network.

(3)

Recreation Area: For all Residential and Mixed Use PUD's which contain residential uses, at least one (1) area of active and one (1) area of passive recreation shall be provided for each PUD which conforms to the following:

(a)

Active recreation areas are defined as those areas where people can voluntarily undertake physical activity in their leisure time, often involving team participation, for the purpose of mental and physical satisfaction. Active recreation areas may include but are not limited to, playgrounds, tennis courts, basketball courts, swimming pools, and walking/jogging trails.

(b)

Passive recreation areas are defined as those areas which offer constructive, restorative, and pleasurable human benefits, often fostering the appreciation and understanding of open space, for the purpose of mental satisfaction. Passive recreation areas may include but are not limited to, benches, gazebos, pergolas, decks, patios, and fire pits.

(c)

Recreation area requirements may be waived by the village for PUD's which are less than eight (8) acres in size if one (1) or more of the following recreational credits apply:

1.

Perimeter property line of PUD is less than one-quarter mile from a park, forest preserve, open space or recreation area that contains an active or passive recreation area and is open to the public.

2.

Perimeter property line of PUD is less than one-quarter mile from indoor/outdoor active recreation facility (i.e., pool, tennis courts, exercise gym, etc.) and is open to PUD residents.

(4)

Completion of Recreational Facilities: Construction of recreational facilities of a residential PUD shall commence prior to the completion of forty percent (40%) of the dwelling units and be completed prior to the issuance of building permits for the last forty percent (40%) of units in a single phase residential PUD. In developments with more than one (1) phase, construction of recreational facilities shall be completed prior to issuance of occupancy permits for the second phase of the project.

(D)

Detention Basins: Detention ponds shall have a minimum of thirty feet (30') usable open space surrounding the perimeter of such ponds outside the high water line; slope shall not exceed five percent (5%), nor be less than two percent (2%). Public use detention ponds to be donated to the park district shall meet either park district or village criteria, whichever is more restrictive.

(E)

Operation Within an Enclosed Structure: All business, service, storage and display of goods shall be conducted within enclosed structures.

(F)

Exterior Sound and/or Paging Systems: All exterior sound and/or paging systems shall be inwardly directed from the perimeter of the subject property in such a manner so as to minimize the dispersement of noise onto abutting properties.

(Ord. 163, passed 12-5-1961; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 12-005, passed 1-10-2012)

(A)

Submission of Documents: All residential PUDs and mixed use PUDs shall be approved subject to the submission of legal instruments and/or documents governing the association as well as the maintenance of open spaces and other commonly owned facilities. The documentation shall include, but not be limited to:

(1)

All association documents;

(2)

Covenants and/or agreements clearly defining the following:

(a)

Shared maintenance of common open spaces.

(b)

Shared maintenance of stormwater management areas and other utilities.

(c)

Shared/cross access and parking agreements.

(d)

Any easement information or agreements.

(e)

Common design elements including integration of common architectural themes.

(B)

Document Compliance: The homeowners' association documents shall be in compliance with and in no case less restrictive than the provisions set forth in the Illinois Condominium Property Act. In those instances where the PUD is controlled by a homeowners' association and not regulated by the Illinois Condominium Property Act, the homeowners' association documents shall comply with the provisions and guidelines regulating homeowners' associations published periodically by the village.

(Ord. 163, passed 12-5-1961; Am. Ord. 1353, passed 12-14-1976; Am. Ord. 1839, passed 4-8-1980; Am. Ord. 2801, passed 6-9-1987; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-090, passed 6-26-2007; Am. Ord. 12-005, passed 1-10-2012)

(A)

There are three (3) levels of PUD amendments: Administrative amendment to PUD; site plan amendment to PUD; and special use amendment to PUD. Any construction necessary to facilitate the changes approved by the village through an amendment may be prohibited by covenants, restrictions, rules or regulations of the homeowner's association or other governmental agency. It is the responsibility of the homeowner's association or property owner to verify that any changes approved through an amendment are not prohibited and can be constructed as approved.

(B)

Administrative Amendment to PUD: Minor changes to the PUD may be approved by the village manager or authorized designee through the administrative amendment process. The following changes may be approved as an administrative amendment to the PUD:

(1)

Changes to the quantity or approved size of a deck and/or patio which is equal to or less than the maximum currently allowed by ordinance.

(2)

Minor changes to the approved landscaping which result in any of the following:

(a)

An increase in overall quantity of landscape plantings.

(b)

A reduction of open space by one thousand five hundred (1,500) square feet; equal to or less than one and one-half percent (1.5%) of the total open space square footage, whichever is less (not including reductions due to changes in the size of decks and/or patios).

(c)

A reduction in the quantity of landscape plantings, provided the remaining landscaping meets the requirements of section 154.136 Landscape and Screening.

(3)

Changes to the approved active/passive recreation areas where the use intensity remains the same (active to active; passive to passive) or the use intensity decreases (active to passive), but not less than code requirements.

(4)

Addition of accessory structures (i.e., sheds, gazebos, pergolas, etc.) in PUD common areas, provided that the square footage of the structures meets code requirements under section 154.51 of the zoning ordinance.

(5)

Minor changes to a building's facade which are in general conformance with the approved architectural elevations for the PUD. Minor facade changes may include, but are not limited to, the addition of new windows and doors, and changes in exterior building materials.

(C)

Site Plan Amendment to PUD: Limited changes to the PUD may be approved by the village board through the site plan amendment process, provided required detention requirements are met. The following changes may be approved as a site plan amendment to the PUD:

(1)

Limited changes to the approved landscaping which result in any of the following:

(a)

A reduction of open space by three thousand (3,000) square feet; equal to or less than three percent (3%) of the total open space square footage, whichever is less (not including reductions due to changes in the size of decks and/or patios).

(b)

Changes to the approved active/passive recreation areas where the use intensity increases (passive to active) and the square footage remains the same or less.

(2)

Changes to a building/structure or its roof which results in an increase of height which is equal to or less than the height currently allowed by ordinance or the approved PUD plans.

(3)

Building additions which increase the square footage of a building, but do not increase parking requirements (i.e., the addition of an entry vestibule which increases a building's square footage but would not increase FAR, etc.).

(4)

All other limited changes to the approved PUD not specifically listed under the administrative amendment or special use amendment sections and which do not exceed current ordinance requirements (i.e., substantial changes to a building's roofline which does not raise the overall height of the building but represents more than a minor change to the building's facade, etc.).

(D)

Special Use Amendment to PUD: Extensive changes to the PUD may be recommended for approval by the zoning board of appeals or plan commission to the village board, through the special use amendment process. The following changes may be approved as a special use amendment to the PUD:

(1)

Extensive changes to the approved active/passive recreation areas where the use intensity increases (passive to active) and the square footage increases.

(2)

Extensive changes to a building's facade or architectural design which are substantially different from the approved architectural elevations for the PUD, increase the floor area ratio (FAR), or increase parking requirements.

(3)

Extensive changes to the approved PUD plans which include the addition and/or removal of buildings, parking structures, roads, detention/retention facilities or other extensive site plan changes.

(4)

All other changes to the approved PUD which are in excess of current ordinance requirements.

(Ord. 163, passed 12-5-1961; Am. Ord. 90-15, passed 2-13-1990; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-152, passed 12-9-1997; Am. Ord. 98-58, passed 5-26-1998; Am. Ord. 05-108, passed 8-9-2005; Am. Ord. 06-104, passed 5-23-2006; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 10-029, passed 4-13-2010; Am. Ord. 12-005, passed 1-10-2012; Am. Ord. 12-020, passed 2-14-2012; Am. Ord. 13-115, passed 11-19-2013; Am. Ord. 22-024, passed 3-22-2022)

Editor's note— Ord. 12-042, § 1, adopted Apr. 10, 2012, repealed § 154.111, entitled "Homeowners' Association Documents", which derived from: Ord. 163, passed Dec. 5, 1961; and Ord. 95-62, passed June 13, 1995.