§ 34-1065. Commercial and/or industrial planned developments.

(a)

Minimum acreage requirement . The minimum acreage for any commercial and/or industrial planned development shall be two acres. There are no minimum building site size requirements for each individual structure proposed within the planned development plan. However, open space shall be provided around each building to provide adequately for light, air, and proper relationship of the building to the site consistent with the level of service standards and policies set out in the comprehensive plan.

(b)

Intensity . Intensity requirements for commercial and/or industrial planned developments shall be the same as provided for in the applicable future land use designation and are not waivable.

(c)

Permitted uses . Unless otherwise established by the village council, the uses permitted in the planned development shall be governed by the uses permitted in the underlying land development district. Supplemental regulations of the underlying land development district and/or division 7. Supplemental district regulations, shall remain effective for the planned development, unless specifically modified in the development order.

(d)

Layout, design . In the layout and design of the proposed planned development, the applicant shall consider, and the land development board and village council shall review for, the provision of adequate light and air, traffic circulation, drainage patterns, pedestrian safety, emergency vehicle access and all other provisions normally provided for by the area and dimension regulations.

(e)

Maximum building height . The maximum building height in a planned development shall be established by the underlying land development district. Final determination of maximum building height shall consider the following:

(1)

The proposed uses of the structure;

(2)

The bulk, mass, and context of adjacent structures or proposed structures;

(3)

The compatibility with adjacent existing or proposed uses;

(4)

The relationship to the adjoining uses and the surrounding development; and

(5)

The provision of open space in the proposed project.

(f)

Setbacks . Setbacks are required per the underlying district. The village council may impose appropriate setbacks along the perimeters of planned developments as a means to buffer the adjacent land uses. However, a setback shall be at least 30 feet for planned developments proposing commercial and/or industrial uses adjacent to lower intensity land uses, such as, residential, recreational, and institutional uses. Structures or buildings that are to be located at the perimeter of the proposed development shall be appropriately setback from the perimeter and buffered from the adjacent incompatible uses.

(g)

Required open space . The minimum open space requirement for commercial and/or industrial planned developments shall be 20 percent of the gross land area.

(h)

Shared parking . The number of required parking spaces for commercial and/or industrial planned developments which have different peak parking demands and operating hours may be waived by the village council; provided however, that a shared parking study be submitted, reviewed and approved by the village council. A shared parking plan shall be enforced through written agreement or through a unity of control.

(i)

Unified Control .

(1)

All land included within a commercial and/or industrial planned development shall be owned or under the control of the applicant (whether the applicant is an individual, partnership or corporation, or a group of individuals, partnerships or corporations), or if planned for parcelization with multiple owners shall remain unified via the approved master development plan and development order. The applicant shall document unified control of the entire area within the proposed planned development, with provisions for cross-access, shared parking, and shared infrastructure, as may be appropriate for the specific project.

(2)

The planned development shall be developed in accordance with the master site plan approved by the village, and sufficient guarantees shall be provided for adequate operation and maintenance of common facilities. The applicant shall provide agreements, covenants, contracts, deed restrictions or sureties acceptable to the village.

(j)

Maintenance of common areas and facilities. A program for maintenance of all common areas, including open space, parking areas, utility sites, etc., shall be submitted to the village prior to issuance of a certificate of occupancy. The submission shall include formation of associations, agreements, contracts, deed restrictions, sureties or other legal instruments to guarantee the installation and continued maintenance of such common areas and facilities.

(Code 1994, § 30-731; Ord. No. 2014-06, § 2, 5-8-2014)