The provisions of this subchapter are adopted for the following purposes:

1. To further the public health, safety, morals and general welfare in an era of increasing urbanization and of growing demand for housing of a variety of types and design;
2. To insure that the provisions of the Government Code of the state which direct the uniform treatment of the use of buildings and land within each zoning district shall not be applied to the improvement of land, other than lot-by-lot development, in a manner that would distort the objectives of those laws;
3. To encourage innovations in residential development and renewal so that the growing demands for housing may be met by greater variety in the type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to the dwellings;
4. So that greater opportunities for better housing and recreation may extend to all citizens and residents of the city; and
5. To provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing at the time of development in a manner consistent with the preservation of the property values within established residential areas.

(1973 Code, § 9-4.701) (Ord. 591, eff. - -)

The provisions of this subchapter shall be subject to the general provisions of this chapter, except where different therefrom.

(1973 Code, § 9-4.702) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

The following size requirements shall apply.

1. The tract of land for a planned unit development shall comprise not less than 1 acre.
2. The above noted size requirement may be reduced by the Planning Commission if the Commission finds that a hardship exists whereby there is insufficient acreage to meet the 1 acre minimum requirement and the site lends itself to the use of a planned unit development. Hardship may consist of topographic constraints, preservation of natural features, configuration of preexisting parcel, the construction or rehabilitation of existing housing for very low, low or moderate income persons. Hardship shall not include projects which propose inclusion of road easements and/or right of way for acreage calculations, increased density purposes and the like.

(1973 Code, § 9-4.703) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -; Ord. 92-2, eff. 4-8-1992)

The standards for the following shall be governed by the following chart:

1. The parking spaces per unit;
2. The minimum amount of undistributed or replanted land; and
3. The maximum coverage of the building site by structures.

(1973 Code, § 9-4.704) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

For the purposes of the chart set forth in § 159.083, the intensity factor for each district shall be that shown by the zoning map and the factor for each district shall be used in determining the standards set forth in this subchapter.

(1973 Code, § 9-4.705) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

For the purposes of the chart set forth in § 159.083:

1. Open space shall not include streets, public or private parking areas or areas covered by any building, garage, carport or other structure.
2. Open space shall include unimproved land, landscaped areas, improved recreation areas and water surfaces, all within the development.

(1973 Code, § 9-4.706) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

For the purposes of the chart set forth in § 159.083, buildings shall include all land covered by residential buildings, garage building areas, carport areas and other enclosed areas. All area coverage shall be computed at the ground level.

(1973 Code, § 9-4.707) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

The following uses shall be permitted in planned unit developments:

1. Any use permitted in the basic district classification;
2. Two-family dwellings;
3. Single-family dwellings;
4. Multiple- (3 or more) family dwellings;
5. Recreation uses;
6. Buildings and uses accessory to the uses set forth in this section; and
7. Highway service, commercial, manufacturing and airport. Standards for parking, open space, building coverage and height per a use permit.

(1973 Code, § 9-4.708) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -; Am. Ord. 655, eff. 9-26-1974)

Each person proposing to construct a planned unit development shall first secure a use permit for the planned unit development.

(1973 Code, § 9-4.709) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

1. Dwellings. Dwelling design should reflect the following factors where buildings are proposed as part of the development program.
   1. Harmonious variations in materials, textures and colors shall complement and supplement the natural beauty and pleasant environment of the site and the individual unit.
   2. Each building site should have ready access to common areas and facilities.
2. Vehicular circulation and access. Street design should reflect the following factors.
   1. Dwelling areas shall have only limited access to major traffic arteries.
   2. Collector streets of ample width and flowing alignment shall feed traffic between the arterial streets and to a network of minor access streets on which most of the homesites are located.
   3. Where terrain permits, short loop streets and cul-de-sacs should be used for minor streets.
3. Parking. Parking shall reflect the following factors.
   1. Occupant and guest car parking should be located so homesites are conveniently served.
   2. Parking areas should be designed so that not more than an average of 6 spaces shall adjoin each other without intervening landscaped areas.
4. Walks and service circulation. Walks and service circulation shall reflect the following factors. Walks should be designated to provide convenient access to recreation, service, parking and other common areas.
5. Setbacks. Front, side and rear setback requirements for structures shall be those of the district with which the planned unit development is combined or as established by the approved plan.
6. Open space areas. Open space areas should be situated in a manner as to avoid the crowding together of building uses and parking uses.

(1973 Code, § 9-4.710) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

1. In planned unit developments containing an area of common ownership, the subdivision plat, dedication, covenants and other recorded legal agreements shall:
   1. Legally create an automatic-membership non-profit homes association or similar organization;
   2. Place title to the common property in the homes association at such time as 50% of the units are occupied;
   3. Approximately limit the uses of the common property;
   4. Give each lot owner the right to the use and enjoyment of the common property;
   5. Place responsibility for the operation and maintenance of the common property in the homes association; and
   6. Place an association charge on each lot in a manner which will assure sufficient association funds and the charge shall be a lien on the property.
2. Where any of the provisions of this section are not applicable, the developer may substitute alternate suggestions.
3. All legal documents required pursuant to the provisions of this section shall not be acceptable until approved as to legal form and effect by the City Attorney when required by the Commission.

(1973 Code, § 9-4.711) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

If the sequence of construction of various portions of the development is to occur in stages, the open spaces and the recreational facilities proposed for the entire development shall be developed or committed thereto, in proportion to the number of dwelling units constructed. At no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the planned unit development.

(1973 Code, § 9-4.712) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

Applications for planned unit developments shall be made in writing on a form prescribed by the Commission and shall be accompanied by a fee of $25, no part of which shall be returnable to the applicant, and by such additional plans, documents and other evidence as the Commission may reasonably require properly to evaluate the application. The application shall be referred to the Public Works Department for review and a public hearing with notice given as set forth in §§ 159.460et seq. The public hearing and decision of the Commission shall be within 60 days after the date of the filing of the application unless continued with the consent and approval of the applicant.

(1973 Code, § 9-4.713) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

In addition to any other information required by the provisions of this subchapter, the applicant shall furnish the following information:

1. The types of residences to be constructed;
2. The proposed staging of construction by units if the planned unit development is to be constructed in stages;
3. The location and proposed uses of open spaces;
4. The legal requirements and documents required by the provisions of § 159.090;
5. All the information necessary to determine whether all the requirements of § 159.083 for the following are satisfied
   1. The building coverage ratio;
   2. The parking ratio; and
   3. The open space ratio.
6. The location and layout of the parking areas; and
7. The location of all existing vegetation and geological features to be retained.

(1973 Code, § 9-4.714) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

The granting or denying of the land development permit by written resolution shall include not only conclusions, but also findings of fact, related to the specific proposal and shall set forth the reasons for the granting, with or without conditions, or for the denial, and the resolution shall set forth specifically in what respects the plan would or would not be in the public interests including, but not limited to findings of fact and conclusions on the following, where applicable:

1. In what respects the plan is or is not consistent with the purposes of planned unit development as set forth in § 159.080;
2. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to density, bulk and use, and the reasons why the departures are or are not deemed to be in the public interests;
3. The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for the maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;
4. The physical design of the plan and the manner in which the design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
5. The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established; and
6. In the case of a plan proposed for development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned development in the integrity of the plan.

(1973 Code, § 9-4.715) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

1. In the event approval is granted, the Commission shall, as part of its resolution, specify the drawings, specifications and form of performance bond that shall accompany the approval.
2. In the event approval is granted subject to conditions, the landowner shall, within 15 days after receiving a copy of the written resolution of the Commission, notify the Commission in writing of his or her acceptance or his or her refusal to accept all the conditions.

(1973 Code, § 9-4.716) (Ord. 558, eff. - -; Am. Ord. 591, eff. - -)

Appeals from any decision of the Planning Commission on the matters set forth in this subchapter shall be made to the City Council pursuant to Chapter 162 of this Municipal Code.

(1973 Code, §9-4.717) (Ord. 558, eff. --; Am. Ord. 591, eff. --; Am. Ord. 09-02, eff. 4-8-2009)

1. No conditional use permit granted pursuant to the provisions of this subchapter shall be operative after 24 months in the event the applicant has not:
   1. Obtained all building and other permits required by this code; and
   2. Commenced and thereafter continuously proceeded with actual construction within the 24-month period.
2. 1. Upon an application and a showing of good cause, a conditional use permit may be extended or conditionally extended by the Commission for an additional period not to exceed 12 months upon making the necessary findings in accordance with the provisions of § 159.094.
   2. In the event of failure to exercise the conditional use permit as provided in this section, the Commission or Council, upon its own application, may rezone the land, or any portion thereof, in accordance with the provisions of §§ 159.440et seq.

(1973 Code, § 9-4.718) (Ord. 660, eff. 12-26-1974; Am. Ord. 790, eff. 7-13-1983)