Schiller Park City Zoning Code
ARTICLE XXI
CONDITIONAL USES IN THE NATURE OF PLANNED UNIT DEVELOPMENTS
§ 155.2101 PURPOSE.
In an effort to promote ingenuity, imagination, and design efforts on the part of owners, builders, architects, and developers and to produce developments which are in keeping with overall land use intensity and open space objectives of the Comprehensive Plan, this Article makes available a conditional use procedure departing from the strict application of the specific zoning requirements of the district where the development is located. The intent of this Article is to permit such flexibility and provide performance criteria for planned unit development permits which: Allow a creative approach to the development of land; accomplish a more desirable environment than would be possible through the strict application of minimum requirements of zoning and subdivision ordinances; provide for an efficient use of land, facilitating a more economic arrangement of buildings, circulation systems, land use and utilities; enhance the appearance of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation and open space; and provide an environment of stable character compatible with surrounding areas.
Notwithstanding anything contained within the Schiller Park Zoning Ordinance to the contrary, any lot, tract or parcel of land which is five or more acres in size and which is developed as a unit under single ownership or unified control shall constitute a planned unit development and be subject to the provisions of this Article XXI. The foregoing requirement shall control regardless of whether the applicable lot, tract or parcel of land is subject to any regulations set forth in Article X through Article XX of the Schiller Park Zoning Ordinance.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 17-4016, passed 8-17-17)
§ 155.2102 APPLICATION PROCEDURE.
(A) An application for a planned unit development shall be processed in the same manner as an application for a conditional use and the provisions of Article IX of this chapter relating to conditional uses, including the required public hearing, shall apply to planned unit developments, except as modified by the provisions of this Article.
(B) An application for a planned unit development shall be accompanied by a tentative plat of subdivision which meets the requirements of the subdivision regulations of the Village.
(C) The application shall also be accompanied by preliminary architectural drawings as well as by a preliminary development plan which shall contain the following:
(1) Statement of objectives and proposed use. A statement of the planning objectives to be achieved by the particular design approach proposed by the applicant is required. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. This statement should also describe the public benefits that will be achieved through the proposed planned unit development that would otherwise not result from a conventional type of development or subdivision of the site.
(2) Statement of ownership. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the land areas or structures and the proposed use thereof is required as well as a statement and documentation verifying that the applicant has, or will have, ownership and control over all land included in the proposed planned unit development is also required.
(3) Quantitative summary. A quantitative summary including, but not limited to, the following is required. If the development is to be phased, the quantitative summary must also be broken down into the phase components.
(a) Area in acres and square feet of the tract that is the subject of the requested conditional use permit for a planned unit development;
(b) Residential density, if any;
(c) Total area and footprint area of principal buildings in square feet;
(d) Total area and footprint area of accessory buildings in square feet;
(e) Area of roads in square feet;
(f) Area of exterior parking facilities in square feet;
(g) Number of parking spaces;
(h) Percentage of ground cover for principal buildings, accessory buildings, parking areas, roads, and recreational facilities — individually and collectively — versus area of entire parcel;
(i) Area in square feet of commonly owned and maintained uncovered ground (open space) on site;
(j) Maximum residential density that would be achievable through a conventional subdivision of the site.
(4) Open space statement. A statement is required describing why the area for usable common open space was chosen, the unique advantages it offers, and how it is envisioned that residents will utilize the space either actively or passively.
(5) Traffic study. A recent traffic survey prepared by a qualified expert setting forth and analyzing the effect upon traffic in and outside the Village is required whenever the application contemplates a residential planned unit development of eight or more dwelling units or a non-residential planned unit development of 10,000 or more square feet or both. Such survey shall not be limited to the effect on adjacent streets but shall extend to all of the surrounding areas affected and shall indicate the anticipated points of origin and the direction, amount and density of traffic flow to and from the proposed planned unit development.
(6) Declaration. The developer shall establish an owners' association through a declaration of covenants, conditions and restrictions, and easements which will be recorded and run with the land and be binding upon every purchaser of all or any portion of the planned unit development. Such declaration shall be submitted to the Zoning, Planning and Appeals Commission for review subject to review and final approval by the Corporation Counsel. Such declaration shall include, but not be limited to, provisions requiring:
(a) Limitations on use and maintenance of land comprising the planned unit development;
(b) The developer to convey the private streets or roads, detention or retention facilities and common areas to the owners' association;
(c) The owners' association to maintain and repair any and all private streets or roads, detention or retention ponds and common areas and any and all appurtenances thereto; and
(d) That, if the owners' association fails to maintain and repair any and all private streets or roads, detention or retention ponds and common areas, the Village may, but is not required to, enter upon the property to maintain and repair such items and that the owners' association will pay the cost thereof.
(7) Maps and graphics.
(a) Site plan. A site plan is required that illustrates the proposed planned unit development.
(b) Existing site conditions. A map is required that illustrates existing site conditions including topography, water-related features, vegetation, wetlands, ravines, floodplains, unique soil conditions, and other environmental data including a tree survey.
(c) Surrounding conditions. A map is required that illustrates the land use and environmental conditions of the surrounding neighborhood within a 500 foot radius around the tract of land comprising the proposed planned unit development, particularly illustrating the adjacent lots showing their lot lines, structures, setbacks, and driveways, as well as nearby streets.
(d) Cross-sections. A minimum of two cross-sections are required through the entire site illustrating the bulk and heights of proposed structures in relation to the topography, vegetation, and surrounding structures.
(e) Utility and drainage plan. A plan is required that illustrates existing and proposed utilities and drainage facilities. Stormwater detention and flood plain compensatory storage facilities must be included if required by Village ordinances.
(f) Circulation plan. A plan is required that illustrates the circulation of all vehicles, including emergency vehicles, internal to the site, consistent with approved engineering and design standards, that illustrates the relationship of the development's internal private streets to the street plan in the Comprehensive Plan.
(g) Landscape, tree preservation and grading plan. A plan is required that illustrates the earth moving, if any, to be done on the site, together with a preliminary plan for the enhancement of the vegetation on the site, including a tree preservation plan.
(h) Subdivision sketch plan. A sketch plan is required that illustrates the maximum number of lots and/or dwelling units that could be achieved through a conventional subdivision of the site including the location of public street(s) that would be required to provide access to such lots or dwelling units. The design and layout of all lots and streets in such subdivision sketch plan shall comply with all standards and requirements found in the Zoning Ordinance and Subdivision Ordinance. The purpose of said sketch plan is to assist in determining the maximum number of lots or dwelling units that may be located in the proposed planned unit development.
(i) Other information. Depending on the scale and unique characteristics of a particular site, the Zoning, Planning and Appeals Commission may require other materials to be included in a preliminary development plan. These may include market studies, traffic studies, soil borings, approvals from other agencies, and all other items that may be reasonably required.
(Ord. 05-2539, passed 10-11-05)
§ 155.2103 STANDARDS.
In addition to the standards generally applicable to conditional uses, as provided in this Article XXI herein, no planned unit development shall be approved unless the Zoning, Planning and Appeals Commission shall also find:
(A) That said planned unit development conforms with the intent and specific proposals of the Master Plan.
(B) That the planned unit development will be on a tract of land under common ownership or control. Furthermore, no tract of land located in a residential zoning district shall be considered for a conditional use in the nature of a planned unit development, unless it contains two or more contiguous acres; and no tract of land located in a commercial zoning district shall be considered for a conditional use in the nature of a planned unit development, unless the development shall contain at least 100,000 square feet of gross floor area.
(1) Such common ownership or control shall extend to all common open space, landscaping, exterior maintenance and all other exterior common area aspects of the development for a period of not less than 20 years.
(2) Said common ownership or control shall extend to all portions of the planned unit development for a period of not less than 18 months following the completion of all bonded improvements, common area improvements, and the developer's relinquishing its control of any and all owners associations.
(3) Common ownership or control as required herein shall mean unity of ownership or legal authority to act on behalf of all owners which shall be evidenced by deed, declaration, contract, management agreement or other written guarantee.
(C) That the uses permitted in the planned unit development shall be compatible to each other and with existing land use in the surrounding area. Uses shall be deemed compatible if they are authorized by the underlying zoning district within which the planned unit development will lie and are so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected and such uses will not cause appreciable injury or damage to other property in the area.
(D) That the planned unit development will be responsive to a demonstrated need within the community.
(E) That the maximum height permitted in the planned unit development, exclusive of steeples, belfries, spires, chimneys, smoke stacks, cooling towers, elevator bulkheads, parapet walls, and building equipment penthouses shall not exceed the maximum height permitted for the zoning district in which the development is located.
(1) Provided such buildings do not exceed 35 feet in height, the minimum horizontal distance between buildings (including their appurtenances) of one story, two stories, three stories, or combinations thereof, shall not be less than 15 feet.
(2) In the case of buildings exceeding 35 feet in height, the space between buildings shall be equal to the height of the tallest building from which the measurement is taken.
(F) That the required yards along the periphery of the planned unit development shall be at least equal in width or depth to the greater of the required yard in the underlying zoning district in which the planned unit development is located, the required yard for real property adjacent to the planned unit development, or a distance not less than the height of the closest building located in the planned unit development to such yard — unless such planned unit development is located adjacent to real estate owned by the Illinois Toll Highway Authority, in which event the yard adjacent to such real estate shall be 50 feet.
(G) That residential density of the planned unit development shall not exceed in number of dwelling units the maximum number of lots that could be achieved through a conventional subdivision of the site as demonstrated by the subdivision sketch plan. It is understood that whenever the development is located in more than one zoning district, the number of allowable dwelling units must be separately calculated for each portion of the development that is in a separate zoning district. Thereafter the combined total of all dwelling units so calculated as allowable may be constructed and distributed within the entire planned unit development without concern for the respective zoning districts within which the planned unit development is located, provided there is compliance with building locations shown upon the site plan approved for such planned unit development.
(Ord. 05-2539, passed 10-11-05)
§ 155.2104 DESIGN STANDARDS.
In addition to the findings required for all conditional use permits in this Zoning Ordinance, the following standards shall be utilized by the Zoning, Planning and Appeals Commission in reviewing all planned unit development permit applications. These standards shall be used to guide the ingenuity, imagination, and design efforts of applicants.
(A) Preservation of Landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.
(B) Relationship of Proposed Structures. Proposed structures shall be related harmoniously to the terrain and to existing structures in the vicinity and have a visual relationship to the existing nearby structures. The achievement of such relationship may include the creative enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
(C) Functional and Mechanical Features. Exposed storage areas, trash, and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the project and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
(D) Visual and Acoustical Privacy. The development shall provide reasonable visual and acoustical privacy for each building and dwelling unit. Fences, insulation, walks, barriers and landscaping shall be used as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise.
(E) Common Open Space. Each residential planned unit development permit shall have a site plan which contains at least twenty percent (20%) usable common open space, except as it may be modified by the Zoning, Planning and Appeals Commission in accord with this Zoning Ordinance.
(1) Ineligible area. Such usable common open space shall not include:
(a) Areas reserved for the exclusive use or benefit of an individual occupant;
(b) Dedicated streets and other public rights-of-way;
(c) Vehicular drives, private streets, and parking, loading and storage areas; nor
(d) Strips of land less than ten feet wide.
(2) Access. Primary (abutting) access from such common open space to each building site need not be provided; however, convenient access through permanent easement must be provided and perpetually guaranteed to all residents not granted primary access.
(3) Recreational facilities. The only recreational facilities permitted within any common open space tract are those which are graphically shown on the face of the site plan at the time of approval by the President and Board of Trustees; provided however, that any development plan may be amended through the procedures specified in this Article.
(4) Character and quality. No proposed area on a site plan may be accepted as usable common open space unless its character and quality have been approved by the Zoning, Planning and Appeals Commission. When making its determination, the Zoning, Planning and Appeals Commission shall give consideration to the following variables:
(a) The size and character of the structures to be constructed within the planned unit development;
(b) The character of surrounding development;
(c) The topography and existing amenities of the proposed area, including trees, ground cover and other natural features;
(d) The manner in which the proposed area is to be improved and maintained for recreational or amenity purposes; and
(e) The existence of public parks or other public recreational facilities in the vicinity and the relationship thereto.
(5) Ownership and maintenance. All land shown on the final site plan as common open space must be conveyed to and maintained by a private owners' association or similar organization formed by a condominium agreement, declaration, indenture, restrictive covenant or other binding agreement acceptable to the President and Board of Trustees. The legal instrument(s) creating such owners' association must specify that the common open space and related authorized improvements will be maintained according to the enumerated criteria, and shall include a provision granting the Village a right to enforce the same. In no case may common open space be conveyed to a unit of local government or governmental agency.
(F) Surface Water Drainage. In conformance with the Stormwater Management regulations of the Village, special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
(Ord. 05-2539, passed 10-11-05)
§ 155.2105 PERMITTED MODIFICATIONS TO ZONING DISTRICT REGULATIONS.
(A) In conjunction with a planned unit development permit approval, the Zoning, Planning and Appeals Commission and/or the President and Board of Trustees in their sole discretion may recommend or approve, as the case may be, modifications from the off-street parking, yard, lot size, lot shape, F.A.R., required separation between buildings, and maximum lot coverage regulations of the zoning district governing the site as well as open space and height regulations hereof, provided the Zoning, Planning and Appeals Commission and/or President and Board of Trustees, as the case may be, determines that the development plan complies with the Comprehensive Plan and the spirit and intent of this Chapter. Any such modifications must be explicitly indicated in the ordinance granting the conditional use permit in the nature of a planned unit development, or otherwise the regulations of the underlying zoning district within which the planned unit development is located shall control.
(B) The Zoning, Planning and Appeals Commission may recommend and the President and Board of Trustees may impose such additional restrictions, conditions, or development schedules which are particularly applicable to such planned unit development.
(Ord. 05-2539, passed 10-11-05)
§ 155.2106 SUBDIVISION REVIEW.
It is the intent of this Article that applicable subdivision review under the Schiller Park subdivision regulations be carried out as an integral part of the review of a planned unit development permit under this Article. The plans required must be submitted in a form which substantially satisfies the requirements of the subdivision regulations for preliminary and final plat approvals.
(A) If any provisions of this Zoning Ordinance and the subdivision regulations are in conflict, the more restrictive or detailed requirements shall be met, unless specifically waived or altered by the President and Board of Trustees upon recommendation of the Zoning, Planning and Appeals Commission.
(B) If a subdivision is created as a part of the processing of a planned unit development permit, the normal subdivision processing fee required by the Schiller Park Subdivision Ordinance must be submitted to the Village, as well as the fee for a conditional use permit required by this Chapter.
(C) The on-site internal street system, together with the provision and construction of bonded improvements, shall be in compliance with the requirements and standards set forth in the Schiller Park Subdivision Ordinance. The President and Board of Trustees for good cause shown, upon recommendation of the Zoning, Planning and Appeals Commission, may permit such changes or alterations of such standards as are consistent with the spirit and intent of this Zoning Ordinance.
(Ord. 05-2539, passed 10-11-05)
§ 155.2107 COMMISSION RECOMMENDATION REGARDING THE PRELIMINARY DEVELOPMENT PLAN.
Within 45 days of the close of the public hearing, the Zoning, Planning and Appeals Commission shall make its findings and recommendations concerning the preliminary development plan to the President and Board of Trustees, unless the applicant chooses not to seek preliminary development plan approval by initially presenting a final development plan at the public hearing — in which event the Zoning, Planning and Appeals Commission shall make its findings and recommendations concerning the final development plan to the President and Board of Trustees within 60 days of the close of the public hearing.
(Ord. 05-2539, passed 10-11-05)
§ 155.2108 BOARD CONSIDERATION OF THE PRELIMINARY DEVELOPMENT PLAN.
The President and Board of Trustees shall indicate its approval or disapproval of the preliminary development plan by a vote recorded in the official minutes of their meeting. Such approval of the preliminary development plan shall vest no rights in the applicants other than the right to submit a final development plan to the Zoning, Planning and Appeals Commission to be considered by the Commission without further public hearing.
(Ord. 05-2539, passed 10-11-05)
§ 155.2109 FINAL DEVELOPMENT PLAN.
Within six months following the approval of the preliminary development plan, the applicant shall initiate the second stage of the application process by filing with the Zoning, Planning and Appeals Commission a final development plan and final subdivision plat, unless the applicant chose not to seek preliminary development plan approval and initially presented a final development plan at the public hearing and thereafter the Zoning, Planning and Appeals Commission considered and recommended same as a final development plan with a final subdivision plat to the President and Board of Trustees. In any event, the final development plan shall contain in final form all of the information required in the preliminary development plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Zoning Ordinance.
(A) Contents of the Final Development Plan. If a preliminary development plan received the approval of the President and Board of Trustees, no additional public hearing is required regarding the final development plan. The final development plan shall contain all of the materials included in the preliminary development plan together with revisions, if any, which may have been recommended by the Zoning, Planning and Appeals Commission and/or approved by the President and Board of Trustees. In addition, if approved by the President and Board of Trustees, the final development plan shall include the following:
(1) Phasing program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities, and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density and a pro rata allocation of common open space shall be made as each phase is developed.
(2) Plats for recording. A copy of the subdivision plat, plat of dedication, or plat of vacation that is a necessary part of the planned unit development permit is required.
(3) Declaration. Covenants, conditions and restrictions in a form acceptable to the Corporation Counsel guaranteeing maintenance of the common open space and limiting development of and construction upon the tract as a whole to such development and construction as shall comply with the final development plan and the conditional use permit granted by the President and Board of Trustees, which document shall include but not be limited to provisions granting the Village a right to enforce same as well as Village stormwater management regulations.
(B) Time Extension. Upon written request by the applicant, the Zoning, Planning and Appeals Commission, for good cause, may extend the period for filing the final development plan for a period not to exceed an additional six months.
(C) Permitted Minor Changes from a Preliminary Development Plan. Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the Zoning, Planning and Appeals Commission to be included in the final development plan in accord with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary development plan was approved. No change authorized by this subsection may cause any of the following:
(1) A change in the use or character of the development;
(2) An increase by more than one percent (1%) in the overall land coverage of structures;
(3) An increase in floor area or, in the case of residential areas, an increase in density;
(4) An increase in the problems of traffic circulation and public utilities;
(5) A reduction of more than one percent (1%) in approved common open space;
(6) A reduction in off-street parking and loading spaces; or
(7) A reduction in required pavement widths.
(D) Commission Recommendation of Final Development Plan. Within 60 days after the proposed final development plan is filed, with all necessary documents, subdivision plats, and exhibits, the Zoning, Planning and Appeals Commission must recommend approval, approval with modification, or disapproval, and transmit its findings of fact and recommendation to the President and Board of Trustees. If the proposed final development plan does not include any changes from the approved preliminary development which exceed the criteria listed above in this Section, the Zoning, Planning and Appeals Commission may review the proposed final development plan without conducting a public hearing. If the proposed final development plan includes changes from the approved preliminary development plan which exceed the criteria listed above in this Section, the Zoning, Planning and Appeals Commission shall conduct another public hearing in order to review the proposed final development plan.
(Ord. 05-2539, passed 10-11-05)
§ 155.2110 CONSIDERATION OF FINAL DEVELOPMENT PLAN BY THE PRESIDENT AND BOARD OF TRUSTEES.
(A) Upon receipt of the recommendation of the Zoning, Planning and Appeals Commission following the public hearing on the application for a planned unit development, the President and Board of Trustees may by ordinance approve such planned unit development granting the applicant a conditional use permit to proceed in accordance with the final development plan attached thereto and all documents in support thereof, subject to such additional conditions and upon such terms as the President and Board of Trustees deems necessary or appropriate to protect and promote the public health, safety, and welfare.
(1) Said ordinance shall include all standards, conditions, or restrictions which the President and Board of Trustees shall deem necessary to effectuate the proposed planned unit development and protect the public interest.
(2) In addition to the restrictions and conditions imposed in the ordinance approving the planned unit development, the President and Board of Trustees shall require the execution of such declarations and easements as shall be necessary to guarantee the maintenance of open space and include the right to exact from the property owners the cost of such maintenance or improvement in a legally enforceable manner.
(B) All public utilities and cable television transmission lines to be provided to serve the planned unit development shall be located underground and all bonded improvements shall be completed for each phase prior to the issuance of occupancy permits within any such phase and in accordance with the phase plan submitted as part of the application.
(1) The installation and completion of such improvements shall be guaranteed by the deposit in escrow of the amount equal to one hundred fifteen percent (115%) of the Village Engineer's estimate of the cost of improvements or subdivision bonds or letter of credit in the form and as approved by the Corporation Counsel of the Village.
(2) In addition to said guarantees for the installation of bonded improvements, the Village shall require a deposit guarantee for maintenance of the bonded improvements, which may be in cash or other suitable security of an amount equal to fifteen percent (15%) of the estimated cost of such improvements.
(a) This security shall be held for the purpose of guaranteeing the satisfactory operation of the bonded improvements constructed within the planned unit development for a period of 18 months following completion of construction of the entire planned unit development by the developer and acceptance by the Village of said bonded improvements.
(b) The security deposit herein required shall be refunded at the expiration of said 18 month period if no defects shall have developed in the bonded improvements; provided, however, that the Village may utilize such deposit for the purpose of correcting defects during said period, in which case the Village shall be required to return only that portion of the guarantee remaining on deposit.
(Ord. 05-2539, passed 10-11-05)
§ 155.2111 RECORDATION OF DOCUMENTS.
(A) The specific ordinance granting a conditional use in the nature of a planned unit development as provided within this enabling legislation shall contain a legal description of the property subject to such planned unit development.
(B) Said ordinance shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, together with the declaration and such covenants, conditions and restrictions, as may be required by the President and Board of Trustees.
(1) Said covenants, conditions and restrictions, shall be in a form which will effectuate the development of the subject property in accordance with the planned unit development and provide for the maintenance and continued protection of all public open space and common open space and all privately owned common open space.
(2) In addition to all other interested parties, the Village may require that said covenants, conditions and restrictions, shall run to and be for the benefit of the Village and shall extend to the Village the right to enforce said covenants, conditions and restrictions, by any appropriate action in law or in equity.
(Ord. 05-2539, passed 10-11-05)
§ 155.2112 CONSTRUCTION TIMING.
Construction of a development under a planned unit development permit shall commence within 12 months from the date of the passage of the authorizing conditional use permit ordinance by the President and Board of Trustees and shall proceed to completion in accordance with the phasing program, if any, contained therein.
(A) Revocation of Permits. The Director of Community Development may at any time request written reports on the progress and development of the proposed planned unit development project. If the Board is satisfied that the permittee has abandoned the development of the proposed planned unit development project, or failed to follow the final development plan, it shall hold a public hearing for the purpose of considering the revocation of all permits issued and action taken. Written notice of said hearing shall be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the planned unit development permit. Publication of said hearing shall also be given in accordance with the provisions of this Chapter for conditional uses. If the Board finds that the permittee has abandoned the development of the proposed planned unit development project or failed to follow the final development plan, it may then revoke the planned unit development conditional use permit without public hearing but following notice that such revocation will be considered by the Director of Community Development at a meeting thereof not less than 15 nor more than 30 days after the date of such notice. The notice specified herein shall be deemed given when sent certified mail to the applicant at the address given in the application for such planned unit development conditional use permit.
(B) Time Extensions. Upon application by a permittee of a planned unit development, the President and Board of Trustees may extend the time for the commencement of construction as follows:
(1) If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay;
(2) For good cause shown, an extension may be granted for such periods of time as the Board deems appropriate but not exceeding 12 months exclusive of extensions authorized under subsection (B)(1) hereinabove.
(C) Establishment of Common Open Spaces and Facilities. The establishment of common open spaces and construction of public or common recreational facilities shown on the final development plan together with the construction of other non-residential structures shall proceed substantially in accordance with the phasing program previously approved as part of the ordinance granting a conditional use permit in the nature of a planned unit development.
(1) Occupancy permits. No occupancy permit for any structure in the development shall be issued until a pro rata share of the common open spaces and facilities required in compliance with the phasing plan have also been placed in a condition suitable for use or occupancy.
(2) Developer responsibility. The developer shall maintain control of all common open spaces and facilities, and be responsible for required maintenance, until the maintenance responsibilities are formally turned over to an owners' association. The President and Board of Trustees may determine when the common open spaces and facilities must be formally turned over, based upon the status of the development, when this item is not adequately addressed in the phasing program or declaration.
(Ord. 05-2539, passed 10-11-05)
§ 155.2113 AMENDMENT OF THE PLANNED UNIT DEVELOPMENT.
(A) Any substantial change in character of any existing planned unit development shall require the adoption of an ordinance which shall make such changes and modifications in said planned unit development as may be approved by the President and Board of Trustees.
(1) Said amendatory ordinance may be adopted only after a public hearing by and recommendation of the Zoning, Planning and Appeals Commission in like manner as is required herein for the adoption of an original planned unit development ordinance.
(2) An amendatory ordinance shall be required in the event of any change in the established density, location of buildings, height, or street pattern.
(B) However, the Village President may approve such changes to the final development plan in the construction of the planned unit development as in the judgment of the Village President shall not constitute a substantial deviation from the specific planned unit development ordinance. Before any such changes approved by the Village President may become effective, however, the Village President shall within seven days notify in writing the President and Board of Trustees of such changes and the Board of Trustees shall, at their next regular meeting, ratify the action of the Village President or deny such changes until an amendatory ordinance has been adopted in accordance with the provisions of this Section.
(C) Nothing in this Section shall be construed to indicate that the President and Board of Trustees must pass an amendatory ordinance to grant any changes requested.
(Ord. 05-2539, passed 10-11-05)
§ 155.2114 COMPLETION OF THE PLANNED UNIT DEVELOPMENT.
For the purpose of this Article, the planned unit development shall be completed when the last occupancy permit for the structures in the development has been issued with the approval of the Zoning Administrator.
(Ord. 05-2539, passed 10-11-05)