The planned unit development is a concept which encourages improved design in the development of land, providing relief from strict compliance with district requirements which are designed for conventional developments but which may inhibit creative development of property, unfavorably impact on property with unique features, or cause hardship or complication for desirable but unconventional development, where such relief will result in greater utility and/or enhanced amenities for the public, in order that the following objectives may be obtained:

(A)

Provide environmental design and preservation of natural features of the site, in the development of land that would be more desirable than what is possible through the strict application of this ordinance.

(B)

Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive, unified projects.

(C)

Provisions for functional, aesthetic and beneficial use of open areas.

(D)

Allow for phasing of development to encourage comprehensive project design and review.

(E)

Shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)

(A)

The provisions of this article shall apply to all planned unit developments in the City of West Chicago. In interpreting and applying the provisions of this article, planned unit developments will be held to the minimum requirements for the promotion and effectuation of the purposes set forth in section 15.1 of this article.

(B)

Except as otherwise provided for herein, all planned unit developments shall be developed in accordance with all applicable provisions of this code. When this article imposes restrictions or requirements greater than those imposed by any other provisions of this code, the provisions of this article shall control.

(C)

Nothing herein shall interfere with, abrogate or annul any easement, covenant, deed restrictions or agreement between parties which impose restrictions greater than those imposed by this article.

(D)

Based on submission of a high quality site plan, planned unit developments may vary from strict compliance with provisions of this zoning ordinance or deviate from strict compliance with the provisions of the subdivision regulations, except for minimum standards set forth herein. Any proposed variance or deviation shall be considered based on the following factors:

(1)

That any variance or deviation is justified by an independent analysis.

(2)

That the physical conditions of the property cause a hardship in compliance with code requirements.

(3)

That the proposed variance or deviation results in a cohesive, high quality development.

(4)

That any reduction from minimum requirements are offset by sufficiently exceeding zoning standards elsewhere in the development to provide a greater benefit to the community.

(E)

Based on submission of a high quality site plan, permission may be granted for construction of a planned unit development with two (2) or more principal buildings or uses on a single zoning lot. Any mixed use development shall follow both the residential and nonresidential standards set forth in this ordinance.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)

(A)

Preapplication and sketch plans:

(1)

Any owner, or agent, with respect to land within or adjacent to the city may submit to the administrator a sketch plan setting forth the information required in section 15.6 of this article in order to obtain the views of the appropriate city officials, so as to provide such owner and/or agent guidance in the development of their property under the terms of this article.

(2)

The administrator shall review said sketch plan and informally discuss the merits and/or problems of the proposed development.

(B)

Preliminary plan and plat stage:

(1)

Following the sketch plan and preapplication stage, if utilized, the owner or his representative shall submit to the administrator a completed application for a special use permit for a planned unit development and copies of the associated preliminary plan and plat, containing such information and in such form as required in section 15.6 of this article. As part of any such application, the applicant may request the ability to submit final planned unit development plans and plats, and develop the planned unit development, in phases.

(2)

The administrator shall refer said plan and plats to the zoning board of appeals for public hearing and review, and to any other staff deemed necessary in order to provide review and comment to the zoning board of appeals.

(3)

The zoning board of appeals shall, after public notice in the manner required for special use requests, as set forth in this ordinance, hold a public hearing on the application for a special use permit for the planned unit development and the preliminary plan and plat, and shall recommend to the city council approval, approval with modifications or denial of the application based on specific findings of fact. The zoning board of appeals may call any additional witnesses and/or receive independent testimony as it may deem necessary and may continue said hearing from time to time in order to explore all outstanding questions and to achieve thorough findings of fact.

(4)

The city council shall receive the recommendations of the zoning board of appeals and other recommendations of staff as have been requested, and shall either approve, approve with modification or deny the application. If the city council elects to approve the application in any form, the city council shall by ordinance approve the preliminary plan and plat, and grant a special use permit for a planned unit development. Said ordinance may authorize, in the discretion of the city council, the submission of final plans and plats, and the development of the planned unit development, in phases, and include such conditions as the city council may deem appropriate.

(5)

No building permit or occupancy certificate shall be issued until the recording of the final plan and plat for the proposed planned unit development, or the phase thereof in which the property to which such permit or certificate relates is located.

(C)

Final plan and plat stage:

(1)

Within one (1) year after the adoption of the ordinance approving the preliminary plan and plat and granting a special use permit for the planned unit development, the owner or his agent shall file with the administrator an application, final development plan, and subdivision plat if necessary, containing in final form all the information required in the preliminary plan and approval ordinance, along with all such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Article XV. Upon receipt, the administrator shall refer said plan and plat to the zoning board of appeals. The administrator may also refer said plan and plat to any other staff as he deems necessary in order to provide review and comment to the zoning board of appeals. Notwithstanding any provision contained herein to the contrary, when the city council has approved the phasing of any planned unit development, the final plan and plat for each phase shall be filed within the time frames established by the city council.

(2)

Within thirty (30) days after receipt of all documentation, if the final plan and plat are, in the opinion of the zoning board of appeals, deemed to be sufficient in compliance with all applicable city ordinances and in substantial conformity with the approved preliminary plan and plat, they shall be approved by the zoning board of appeals and recommended to the city council. Copies of the final plan and plat, along with a recommendation, shall be transmitted to the city council.

(3)

Within thirty (30) days after receipt of the zoning board of appeals' recommendation, and in no event later than sixty (60) days after the filing of the final plan and plat, or the last required document or other paper, whichever is later, and provided all requirements set forth in subsection 15.6(C) of this article have been met, the city council shall receive said recommendation and approve said final plan and plat, approve said plan and plat with modifications or deny said final plan and plat.

(D)

Conditions and guarantees. As a condition to the approval of any planned unit development, the zoning board of appeals may recommend and the city council may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, improvement of the development and protection of the adjacent area. In all cases in which planned unit developments 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. No. 01-O-0127, § 1(Exh. B), 12-17-2001; Ord. No. 02-O-0021, § 1, 6-17-2002)

(A)

Changes in the final plan and plat before approval: If the final plan and plat are not in substantial conformity with the approved preliminary plan and plat, the zoning board of appeals shall not approve said final plan and plat, but instead, shall require a new application. The city council may, however, approve variations from any phasing schedule contained within the ordinance granting the special use permit without a new application.

(B)

After the approval of the final plan, the use of land and the construction, modification, or alteration of any buildings or structures within the planned unit development, will be governed by the approved final plan.

(C)

No changes may be made in the approved final plan, except upon application to the appropriate body according to the following procedure:

(1)

Minor changes in the location, siting, and height of buildings and structures, and in the location of streets and ways of public access and in the size and location of open space, may be authorized by the administrator as required by engineering or other circumstances not foreseen at the time that the final plan was approved if they are consistent with the purpose and intent of the final plan.

(2)

All changes in land uses, any rearrangement of lots, blocks, and building tracts, minimum setbacks, any major changes in the provision of open space and all other changes in approved final plans must be made by the city council under the procedures authorized by the zoning ordinance for a special use permit, including adequate notice and a public hearing before the zoning board of appeals.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)

(A)

Revocation of a special use permit: Planned unit developments are permitted based upon conditions and considerations existing at the time zoning relief (any rezoning together with the grant of a special use permit) is granted approving the planned unit development. Planned unit developments shall be constructed and completed in a timely manner. Any special use permit authorizing a planned unit development shall be automatically revoked under the following conditions:

(1)

The developer fails to follow the schedule detailed in section 15.3(C)(1), except where the developer has diligently worked with the city or other governmental agencies to address outstanding issues, and those issues have not been resolved through no fault of the developer, as determined by the administrator; or

(2)

Construction of the planned unit development has not commenced, and proceeded diligently, within one (1) year after the date of approval of the final plan and plat; or

(3)

The developer fails to adhere to the deadlines in the phasing plan as approved by the city council in the ordinance granting the special use permit for the planned unit development.

(B)

Where the ordinance granting a special use permit for a planned unit development also provides for the zoning or rezoning of the subject realty, such ordinance may also provide for the reversion of such zoning to the underlying zoning classification existing at the time of application for a planned unit development was filed.

(C)

Upon making a determination that a special use permit for a planned unit development has been automatically revoked pursuant to this subsection, the administrator shall send written notice of said determination to the owner of the subject property by certified mail, return receipt requested.

(D)

If the terms and conditions set forth in the approval ordinance for a special use permit have not been met, the city council may revoke a special use permit for a planned unit development after providing the owner with reasonable notice.

(E)

Upon the revocation of a special use permit for a planned unit development and/or reversion of any zoning with respect to any property, such property shall be developed, used and maintained only in conformity with the permitted uses and other requirements of the zoning district in which it is located.

(F)

Prior to expiration of the one-year period to apply for final planned unit development approval or the expiration of the approved phasing plan, the owner may apply for an extension. Upon written application for said extension and for good cause shown, the city council may, by ordinance, in its sole discretion, grant one (1) extension of time not to exceed one (1) year from the time limitations set forth in this subsection or in any approved phasing plan. Any request for an extension of timing not related to the approved phasing schedule shall require the owner to follow the procedure for a special use permit including a public hearing and consideration by the zoning board of appeals.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001; Ord. No. 02-O-0021, § 2, 6-17-2002)

(A)

Sketch plan: A drawing of the proposed planned unit development prepared at a scale that provides a clear understanding of the way in which the property is intended to be developed. The plan shall indicate the overall concept of the development including the land use pattern, general circulation system, open space and/or park system and other major features. The plan shall indicate:

(1)

Boundary lines, approximate distances.

(2)

General areas around the site, including land use and streets.

(3)

Proposed streets.

(4)

Proposed land uses.

(5)

Map data, name of development, owner, north-point scale, acreage and date of preparation.

(6)

Site data listing in tabular form of the various land uses and areas thereof, number of dwelling units and/or square footage of nonresidential buildings.

(7)

A list of anticipated variances and deviations.

(8)

A statement of existing and proposed ownership.

(9)

A general statement describing the existing site features, including topography and flooding conditions, vegetation and other factors.

(10)

A general statement of the current status of necessary utilities.

(11)

Other information as the administrator may from time to time deem necessary.

(B)

Preliminary plan and plat stages:

(1)

An application form.

(2)

The application fee.

(3)

Preliminary plan and plat: A drawing of the planned unit development shall be prepared at a scale of not less than one inch equals one hundred feet (1" = 100') and shall show such designations as proposed streets (public and private), all buildings and their uses, common open space, recreation facilities, parking areas, service areas and other facilities to indicate the character of the proposed development. The submission may be composed of one (1) or more sheets and drawings and shall include:

(a)

Legal description.

(b)

Boundary line: Bearings and distance.

(c)

Location of proposed buildings.

(d)

Setbacks.

(e)

Site data table: Acreage, density, floor area ratio, parking, open space, lot size and other site information.

(f)

Map data: Name of development, name of site planner, north-point, scale, date of preparation and acreage of site.

(g)

Zoning: Show zoning districts on and adjacent to the tract.

(h)

Open space: All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

(4)

Civil engineering plans:

(a)

Easements: Location, width and purpose.

(b)

Streets on and adjacent to the tract: Street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

(c)

Utilities on and adjacent to the tract: Location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; direction and distance to and size of nearest usable water mains and sewers adjacent to the tract showing invert elevation of sewers.

(d)

Ground elevations on the tract: For land that slopes less than one-half (½) percent, show one (1) foot contours; for land that slopes more than one-half (½) percent, show two (2) foot contours; also show spot elevations at all breaks in grades, along all drainage channels or swales and at points of special significance.

(e)

Surface hydrology and geological conditions: Identification of existing surface drainage patterns, topography, major and minor watersheds, flood limits of record with elevations as set forth in the hydrological investigations atlas numbers published by the United States Geological Survey, and the location and results of tests made to generally ascertain surface and subsurface soil, rock and ground water conditions, including a soil analysis indicating soil types, code numbers, limitations for urbanized areas, conservation and agricultural productivity, soil wetness and erosion potential; depth to ground water unless test pits are dry at a depth of five (5) feet, location and results of soil percolation tests if individual sewage disposal systems are proposed.

(f)

Other conditions on the tract: Watercourses, floodplains, marshes, rock outcrops, wooded areas, isolated preservable trees one (1) foot or more in diameter, other natural and environmental resources, houses, barns, accessory buildings and other significant features.

(g)

Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers or other nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land, refer to subdivision plat by name and show approximate percent built-up, typical lot size and dwelling type.

(5)

Facilities plans that indicate that the proposed development can be serviced, including:

(a)

Roads, including classification, width of right-of-way, width of pavement and typical construction details.

(b)

Sanitary sewers.

(c)

Storm drainage.

(d)

Water supply system.

(e)

Lighting program.

(f)

Sidewalks, parks and cycle trails.

(g)

Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

(6)

Miscellaneous: Such additional information, independent study or analysis as may be required by the administrator, at the cost of the applicant.

(7)

Objectives: A statement of planning objectives to be achieved by the planned unit development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

(8)

Character: Explanation of the character of the planned unit development and the manner in which it has been designed to take advantage of the flexibility of these regulations, including a statement explaining the applicant's need for any deviations from strict compliance with any provision of this code, and the public benefits to accrue from the development.

(9)

Ownership: Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the county recorder of deeds.

(10)

Names and addresses: The names and addresses of the persons to whom any notices required under this ordinance must be sent, including the applicant, the developer and the owners of adjoining property.

(11)

Phasing schedule:

(a)

Configuration of each phase with emphasis on the area, density, uses and public facilities or required improvements to be developed within each phase. Design of each phase shall be shown on the plan, plat and through supporting graphic material.

(b)

The sequence in which phases will be developed.

(c)

The time within which any such phase will be submitted for final plan and plat approval.

(d)

The time within which building permit applications will be submitted and construction will be commenced with respect to each phase.

(e)

The time within which each phase will be completed.

(f)

The sequence and timing of construction of all public or other required on-site and/or off-site improvements.

(g)

Provisions for the maintenance and landscaping of any phases prior to the submission of final plans and plats with respect thereto.

(12)

Covenants, conditions, restrictions, easements: Proposed covenants, conditions, restrictions and easements which will provide for the perpetual use, maintenance, and conformity of the planned unit development in accordance with the approved planned unit development documents and this ordinance.

(13)

Service facilities: Provide information on all public improvements, quasi-public or common improvements and off-street parking facilities.

(14)

Landscape plans: Preliminary plans for plant materials, earth sculpturing, berming and aesthetic features, in compliance with the requirements of this code, shall be submitted.

(15)

Tax impact study: Provide information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project.

(16)

Traffic analysis: Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit developments. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.

(17)

Market study: Provide economic feasibility study of the proposed development, including information on land utilization, and marketing potential. Evidence should be presented showing the need and feasibility of the proposed development

(18)

Nonresidential developments. In addition to the submittal requirements listed above, all requests for nonresidential development shall include the following items:

(a)

Structures: General location, purpose and height, in feet or stories, of each building.

(b)

Architectural plans: Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design and materials of the buildings and the number, size and type of building, the floor area of each building type and total ground coverage of buildings.

(19)

Residential developments. In addition to the submittal requirements listed above, all requests for residential development shall include the following items:

(a)

Density: Provide information on the density of residential uses, including the number of dwelling units by type, the number of buildings by type and the number of bedrooms in each building and dwelling unit type.

(b)

Provide information on the type and amount of ancillary and nonresidential uses, including the amount of open space.

(c)

Architectural plans: Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design and materials of the buildings and the number, size and type of dwelling units, the square footage of each building type and total ground coverage of buildings.

(d)

Land/cash study: A summary of the estimated donation for taxing districts in conformance with the land/cash regulations of the subdivision ordinance.

(e)

Letters of approval from appropriate taxing districts regarding the land/cash donations as set forth in the subdivision regulations.

(f)

School impact study: Provide information on the student load and financial impact on the local school districts, including expected scheduling of potential students.

(g)

Anti-monotony plan: Provide detailed plan that will ensure anti-monotony within the development including such items as materials, elevations and setbacks.

(C)

Final plan and plat stage:

(1)

Final plan and plat: A final planned unit development plan and plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the final plan and plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land, not so treated, into open areas and building areas. The final plan and plat shall include, but not be limited to:

(a)

An accurate legal description of the entire area under immediate development within the planned unit development, or phase thereof, being finally approved.

(b)

A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

(c)

An accurate legal description of each separate, unsubdivided use area, including open space.

(d)

Designation of the exact location of all buildings to be constructed.

(e)

Certificates, seals and signatures required for the dedication of lands and recording the document.

(2)

Open space documents: All open space shall either be conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for

the purpose of benefiting the owners and residents of the planned unit development or retained by the developer with legally binding guarantees, in a form approved by the corporation counsel, that the open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien, for maintenance and improvement of the open area, against the portion or portions of the planned unit development to be benefitted by the open space.

(3)

Public facilities: All public and quasi-public or common improvements made necessary as a result of the planned unit development shall either be constructed in advance of the approval of the final plat or a letter of credit shall be posted to guarantee construction of the required improvements. The letter of credit, payable to the city, shall be sufficient to cover the full cost of the improvements plus twenty-five (25) percent. Detailed construction plans shall be submitted for all public facilities to be built.

(4)

Final Civil Engineering Plans: Plans depicting all public improvements, stormwater management provisions, site improvements, utilities, grading, soil erosion and other necessary engineering detail.

(5)

Elevation drawings: Plans depicting proposed elevations of all structures, including materials, color, height, and other appropriate detail.

(6)

Final landscape plan: Plans depicting the type, location, size of all proposed landscape material.

(7)

Construction schedule: A final construction schedule shall be submitted for that portion of the planned unit development for which approval is being requested.

(8)

Guarantee deposit: Deposits shall be made to the city in cash, impound accounts and/or letters of credit approved and in a form acceptable to the corporation counsel as provided under the Land Subdivision Regulations of the city, Appendix B of this code.

(9)

Covenants, conditions, restrictions, easements: Final covenants, conditions, restrictions and easements, in forms acceptable to the corporation counsel, which will provide for the perpetual use, maintenance and conformity of the planned unit development in accordance with the approved planned unit development documents and this ordinance.

(10)

Residential development. In addition to the submittal requirements listed above, all requests for residential development shall include residential tabulation of separate, unsubdivided use area, including land area, number of buildings and number of dwelling units per acre.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)

Planned unit developments shall meet the following general standards:

(A)

Comprehensive plan and planned unit development purpose and intent: A planned unit development must conform with the intent and spirit of the planning objective of the city's comprehensive plan and the planned unit development purpose and intent.

(B)

Ownership: At the time of application, the site of the planned unit development must be under single ownership and/or unified control.

(C)

Compatibility: The uses permitted in the planned unit development must be of a type and so located as to avoid adverse impact upon surrounding properties.

(D)

Need: A clear showing of need for why a planned unit development is appropriate must be made.

(E)

Yards: Each required yard along the periphery of the planned unit development shall be at least equal in width or depth to those provided under the requirements of the underlying zoning district, including any provision for increased width or depth for transition yards between different zoning districts. Preliminary engineering plans shall be approved prior to zoning board of appeals consideration of a preliminary planned unit development proposal.

(F)

Final engineering plans shall be approved prior to zoning board of appeals consideration of a final planned unit development proposal.

(G)

Access: Adequate provision shall be made to provide ingress and egress so designed as to minimize the traffic congestion in the public streets.

(H)

Any planned unit development with common open space shall have a property owners' association.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001; Ord. No. 08-O-0079, §§ 17, 18, 3-16-2009)

(A)

Residential planned unit developments shall only be permitted in the R-3 and R-6 zoning districts.

(B)

Lot size: The minimum size for a residential planned unit development shall be ten (10) acres.

(C)

Density: Planned unit developments, or the portions thereof, devoted to residential uses shall be limited to a maximum number of dwelling units equal to the result of the net residential area divided by the minimum lot area provided under the requirements of the applicable underlying zoning district. The net residential area shall be determined by subtracting twenty (20) percent from the gross area of the planned unit development for streets and other required improvements, regardless of the amount of land actually devoted to same. The area of land devoted to common open space, public use and/or recreational use shall be included in the net residential area. Individual lots may be less than permitted by the underlying district provided that additional open space is provided in excess of any land provided to comply with the land/cash provisions of the subdivision regulations. In no event shall a lot for a single family home be less than eight thousand (8,000) square feet.

(D)

Setbacks: In addition to the minimum perimeter setbacks, there shall be an additional ten (10) foot setback along arterial or collector streets.

(E)

Unit size: Two-family and multi-family developments shall comply with the minimum dwelling unit size set forth in the R-6 residential district standards set forth in this ordinance.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)

(A)

Nonresidential planned unit developments shall only be permitted in the B-2, B-3, M and ORI zoning districts.

(B)

Lot size: The minimum size for a nonresidential planned unit development shall be five (5) acres.

(C)

Parking: A variance from the parking regulations may be permitted if supported by a parking study by an independent consultant justifying any reduction in required parking.

(D)

Shared parking: Shared parking may be permitted if supported by a parking study by an independent consultant justifying an arrangement. Shared parking could allow two or more uses to share the same minimum number of parking stalls provided that the uses would not use the parking spaces to be shared at the same time. In allowing any reduction, the city may require landbanking of additional parking spaces.

(E)

Parking lot landscaping: Parking lots shall be landscaped no less than the minimum standards set forth in other sections of this ordinance.

(F)

Landscape setbacks: Landscape setbacks shall be maintained in accordance with the minimum landscape setbacks set forth within the underlying district as set forth in this ordinance.

(G)

Signage: Signs for a development shall be minimized to provide the planned unit development with an overall identity that does not lead to a proliferation of signage that may cause confusion or safety concerns. Signage shall include a complimentary design throughout the planned unit development.

(H)

Architectural style: Developments shall include complimentary architectural styles and materials to ensure a cohesive development.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001; Ord. No. 03-O-0040, § 26, 6-16-2003)

The zoning board of appeals shall, after the public hearing, set forth to the city council the reason for the recommendation, and said recommendation shall set forth with particularity what respects the proposal would be in the public interest including, but not limited to, findings of fact on the following:

(A)

In what respects the proposed plan is consistent with the comprehensive plan and the stated purpose and intent of the planned unit development regulations.

(B)

The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.

(C)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property including, but not limited to, the density, dimension, area, bulk and use and the reasons why such departures are deemed to be in the public interest.

(D)

The method by which the proposed plan makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space and furthers the amenities of light and air, recreation and visual enjoyment.

(E)

The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

(F)

The desirability of the proposed plan as regards physical development, tax base and economic well being of the city.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)

(A)

Administrative and enforcing officer: The administrator shall be the enforcing and administrative officer of this article including the following:

(1)

Administratively process all zoning changes involving a special use permit for a planned unit development.

(2)

Maintain permanent and current records of this article, including all amendments thereto.

(3)

Receive and file all sketch, preliminary and final planned unit development plans and plats.

(4)

Forward all copies of proposed planned unit development plans and plats to the zoning board of appeals and to other agencies, or boards of the city, as directed by the zoning board of appeals or the city council.

(5)

Make all other determinations and perform all other administrative actions required by this article.

(B)

Fee: A fee shall accompany each application for planned unit development approval. Such fee shall be paid to the city at the time of the filing of each such application. No plan shall be approved nor shall any building or other permit be issued thereon without the fee required herein having first been paid.

The fee shall be in any amount established from time to time by ordinance adopted by the city council. Any fee collected pursuant to this section shall be in addition to and not in lieu of any other fee imposed by the terms of this Code.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)

Every planned unit development shall at all times be maintained, used and kept in full conformance with the provisions of this code and those plats, plans and specifications expressly incorporated in any ordinance or resolution specifically governing the construction and development of the planned unit development.

(Ord. No. 01-O-0127, § 1(Exh. B), 12-17-2001)