§ 30-6.5. Exceptions from district regulations.

(a)

The Plan Commission may recommend and the Village Board may grant exceptions to the district regulations where a planned unit development is located. The planned unit development is subject to the underlying district regulations unless an exception is specifically granted. Exceptions from district regulations may be granted for planned unit developments, if the Village Board finds that such exceptions meet all of the following standards:

(1)

The planned unit development, including all proposed exceptions, is in conformance with the Comprehensive Plan, and the character and nature of existing and future development in the vicinity of the proposed planned unit development.

(2)

For use exceptions, the uses allowed are aligned with the intent of the planned unit development, are compatible with uses existing or anticipated to occur upon the adjacent sites, and will be properly screened or buffered from adjacent properties as needed to minimize potential negative impacts.

(3)

The exceptions allow the planned unit development to preserve unusual topographic or natural features of the land. In addition, the exceptions provide more usable and suitably located open space and natural amenities than would otherwise be provided under the strict application of district standards.

(4)

The exceptions allow the planned unit development to implement innovative design features that would not be possible by application of the basic district regulations. This includes sustainable development techniques, green building and adaptive reuse of existing structures.

(5)

The physical characteristics of the planned unit development, including all proposed exceptions, will not adversely affect the future development of adjacent areas.

(6)

The planned unit development, including all proposed exceptions, will continue to provide the same protection as the underlying district regulations in regard to fire, health hazards and other dangers.

(7)

The planned unit development provides a public benefit to the Village, as described in Paragraph (e) below.

(b)

The underlying zoning district use regulations apply, unless an exception is granted by ordinance as part of the approved special use. Other specified uses, not permitted by the use regulations of the district in which the planned unit development is located may be allowed provided that the Village Board finds that the uses being requested by such exceptions are necessary or desirable, and are appropriate with respect to the primary purpose of the development.

(c)

The underlying zoning district requirements apply, unless an exception is granted by ordinance as part of the approved special use. Exceptions to district regulations may be granted by the Village Board where it is determined that such modifications do not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic.

(d)

However, in no case are the following exceptions permitted:

(1)

Exceptions that modify the requirements of chapter 18 of the Village Code concerning the minimum design, quality and construction standards for public improvements and infrastructure.

(2)

Exceptions to the environmental performance standards of this Ordinance.

(3)

Exceptions that modify the building, electrical, plumbing, fire prevention, or any other code or requirement of Chapter 8 of the Village Code.

(4)

Exceptions that modify the requirements of Section 30-96 of the Village Code concerning fences which obstruct views and create safety hazards.

(e)

No exception to district regulations within a planned unit development may be granted unless the applicant demonstrates a substantial benefit to the Village. The benefits provided are to be balanced with the relief sought. The following items are a guide and not an exclusive list of permissible benefits. Additional design characteristics and amenities not listed may be considered as part of the approval process.

(1)

Community amenities including plazas, malls, formal gardens, outdoor seating, public art, and car sharing facilities.

(2)

Preservation of historically significant structures.

(3)

Adaptive reuse.

(4)

Preservation of environmental features.

(5)

Public open space and recreational amenities such as:

(A)

Swimming pools;

(B)

Tennis courts;

(C)

Recreational open space accessory buildings;

(D)

Athletic fields;

(E)

Jogging trails and fitness courses;

(F)

Dog parks;

(G)

Playgrounds;

(H)

Natural water features and conservation areas.

(6)

Innovative storm water management including a reduction of impervious surface, use of semi-pervious materials, such as pervious pavers, bio-swales, rain gardens and similar techniques.

(7)

Additional public infrastructure improvements in addition to the minimum required by the planned unit development, such as new or repaved streets, installation of gutters and sewers, repaved streets, bicycle paths and traffic control devices to improve traffic flow.

(8)

Affordable or senior housing set-asides.

(9)

Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.

(10)

The use of sustainable design and architecture, such as the use and/or incorporation of green or white roofs, solar panels, wind turbines and other energy efficient design concepts, new building technologies, and Leadership in Energy and Environmental Design (LEED) or LEED-equivalent structures.

(Code 1993, § 20-6.5; Ord. No. 2014-O-59, 11-11-2014)