The purpose of this section is to provide permissive, voluntary, and alternative zoning procedures in all B Districts, in order to permit flexibility of uses and design beyond that permitted in the particular districts, under conditions of approved site, architecture, and development plans. The final plan for the use and development of all such tract(s) of land for any use or combination of uses permitted in § 40-2-3(B) and (C) must be approved by the City Council.

(Ord. 1070, § 40-5-2, passed 7-20-1998)

   The owner or owners of a tract of land who wish to make application for a planned unit development shall follow the procedures of Article IX established for special use permits and shall comply with the requirements herein.

(Ord. 1070, § 40-5-3, passed 7-20-1998)

   The development plan shall not be approved except under the following conditions:

   (A)   Assurance shall be required from the developer that the project wilt be used for the specified purposes, and the Board of Appeals shall require a trust indenture restricting the area to such uses.

   (B)   Commercial planned unit developments may make provisions for common land by trust indenture.

   (C)   An acceptable site plan shall be presented, showing the area to be developed for buildings, the location, size and number of buildings, the areas and/or structures to be developed for common use, the areas and/or structures to be developed for parking, the location of pedestrian and vehicular circulation and the point of ingress and egress, including access street where required, the provisions of spaces for loading, and adjustments to be made in relation to abutting land uses and zoning districts.

   (D)   The developer shall be required to file with the Zoning Administrator a guarantee to insure construction of the planned unit development, including landscaping, in accordance with the development plan and with the requirements of this code, in the form of a surety bond by an insurance company authorized to do business in the State of Illinois, or by an irrevocable letter of credit issued by a bank or trust company authorized to do business in the State of Illinois, in such amount and upon such terms as may be reasonably required by the Zoning Administrator.

   (E)   Applications for approval of planned unit developments designed in accordance with the provisions of this section shall be accompanied by all of the necessary legal documentation relating to the conveyance of common areas as provided for in § 40-5-8.

   (F)   Reasonable additional requirements as to landscaping, lighting, screening, accessways, and building setbacks may be imposed by the Zoning Board of Appeals for the protection of adjacent residential property.

(Ord. 1070, § 40-5-4, passed 7-20-1998; Am. Ord. 1129, passed 2-7-2000) Penalty, see § 1-1-19

   COMMON LAND is that land within a planned unit development that is held in common ownership by all of the property owners or by any form of association of property owners. The city shall not be responsible for the maintenance of any common land in a planned unit development. Each owner of property within a planned unit development, and the trust or association (if any) of property owners, condominium association or like entity, shall be jointly and severally liable for the maintenance and upkeep of common land in compliance with ail ordinances of the city.

(Ord. 1070, § 40-5-5, passed 7-20-1998)

   Common land shall be located so that it is reasonably accessible to all the lots contributing to its area.

(Ord. 1070, § 40-5-6, passed 7-20-1998) Penalty, see § 1-1-19

   The coverage of any tract of common land by buildings or structures shall not exceed an aggregate of 10% of the area of the common land.

(Ord. 1070, § 40-5-7, passed 7-20-1998) Penalty, see § 1-1-19

   All open space, tree cover, recreational area, scenic vista, or other authorized land use, the acreage of which is utilized to determine the common land as herein provided, shall be conveyed by the developer in fee simple absolute title by a warranty deed to trustees approved by the majority of property owners. The trustees shall make provision by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, of each planned unit development authorized under the planned unit development procedure, for a period of at least 20 years, or for the duration of the development, whichever period of time is less. Thereafter, fee simple absolute title shall vest in the then owners as tenants in common. The rights of the tenants in common shall only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance or change of ownership of any lot shall convey with it ownership in the common property. No lot owner has the right to convey his or her interest in the common property, except as an incident of the ownership of a regularly platted lot. The sale of any lot shall carry with it all the incidents of ownership of the common property, although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the State of Illinois, setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the Planning Commission, approved by the City Attorney as to legal form, and filed with the Recorder of Deeds of Monroe County, simultaneously with the recording of the final subdivision plat.

(Ord. 1070, § 40-5-8, passed 7-20-1998) Penalty, see § 1-1-19

   No changes shall be made to any approved PUD development plan except as follows:

   (A)   Minor changes, as so determined by the Planning Commission, if required by engineering or other circumstances not foreseen at the time the final development plan was approved.

   (B)   All other changes shall require a special use permit.

   (C)   No approved change shall have any effect until it is recorded with the Monroe County Recorder of Deeds as an amendment to the recorded copy of the development plan.

(Ord. 1070, § 40-5-9, passed 7-20-1998) Penalty, see § 1-1-19

   (A)   Final site plans for the use and development of all tracts of land for any commercial or public uses or combination of uses permitted in § 40-2-3(B) must be approved by the City Council.

   (B)   Condominium development plans for uses permitted in § 40-2-3(B) must be approved by the City Council. This requirement applies to single- and multiple-lot condominium developments.

(Am. Ord. 1621, passed 12-3-2012)