(A)   As used in this chapter, the term PLANNED UNIT DEVELOPMENT (PUD) means a development wherein, in accordance with an approved development plan:

      (1)   Common open space is reserved;

      (2)   Various housing types and other structures and uses may be mixed; and/or

      (3)   Overall average density does not exceed the usual zoning district limit.

   (B)   This chapter authorizes development of PUDs and establishes PUD procedures in order to achieve the objectives enumerated in § 162.001 of this chapter and the following additional objectives:

      (1)   To provide a regulatory mechanism whereby the city can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the city’s issuance of the necessary zoning, subdivision and/or building permits;

      (2)   To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;

      (3)   To preserve the natural topography, scenic features, mature trees and historic structures existing on sites proposed for development;

      (4)   To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;

      (5)   To ensure the provision of usable common open space in planned developments and to spur installation of various amenities therein; and

      (6)   To facilitate the economical installation of standard streets, sewers, utilities and other improvements.

(1960 Code, § 60-4-1)

   Important: except as specifically provided otherwise in this section, planned unit developments, including all structures and uses therein, shall, at a minimum be built in conformity with all applicable codes and ordinances, including this chapter and Ch. 150, 151, 152, 155 and 161 of this code of ordinances.

(1960 Code, § 60-4-2)

   Planned unit developments may be built in any zoning district, but only upon the issuance of a special use permit.

(1960 Code, § 60-4-3)

   (A)   General. The planned unit development concept is intended to afford both the developer and the city considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this section, PUDs may deviate from generally applicable ordinance requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.

   (B)   Mixed uses. PUDs may include all types of residential structures and any other uses approved by the Council; provided that, in approving such mixed uses, the Council may attach any conditions necessary to protect the public welfare.

   (C)   Lot and structure requirements. In PUDs, the Council may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the PUD are appropriately interrelated and property abutting the PUD is adequately protected from any potential adverse impacts of the development. LOT AND STRUCTURE REQUIREMENTS means minimum individual lot area, width and depth; minimum setbacks; and maximum structure height.

   (D)   Accessory uses. In PUDs, the Council may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.

   (E)   Location of parking/loading spaces. By permission of the Council, off-street parking and loading spaces in PUDs need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per §§ 162.435 through 162.456 of this chapter.

(1960 Code, § 60-4-4)

   (A)   General. Every applicant for PUD approval shall comply with the procedural requirements of this subsection. The required procedures are as follows:

      (1)   Filing development plan with the Administrator;

      (2)   Provision by the developer of adequate assurance for the completion of required improvements as per the development plan;

      (3)   Review of the development plan by the Zoning Board of Appeals;

      (4)   Public hearing by the Board of Appeals as per the requirement of §§ 162.515 through 162.520 of this chapter;

      (5)   Recommendation by the Zoning Board of Appeals to the City Council regarding approval/rejection of the development plan; and

      (6)   Action by City Council on the development plan.

   (B)   Application, information required. Every applicant for approval of a PUD development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below.

      (1)   Written documents.

         (a)   Legal description of the total site proposed for development;

         (b)   Names and addresses of all owners of property within or adjacent to the proposed PUD;

         (c)   Statement of the planning objectives to be achieved by the PUD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

         (d)   Development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed;

         (e)   Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units and the like;

         (f)   Data indicating:

            1.   Total number and type of proposed dwelling units;

            2.   Gross and net acreage of parcel;

            3.   Acreage of gross and usable open space; and

            4.   Area of any commercial uses.

      (2)   Graphic materials.

         (a)   Existing site conditions, including contours at ten-foot intervals and locations of watercourses, floodplains, unique natural features and wooded areas;

         (b)   Proposed lot lines and plot designs;

         (c)   Proposed location, size in square feet and general appearance of all existing and proposed buildings (both residential and non-residential) and other structures and facilities;

         (d)   Location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi-public uses;

         (e)   Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership, public or private, should be included where appropriate);

         (f)   Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

         (g)   Existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines;

         (h)   General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;

         (i)   Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas; and

         (j)   Any additional information required by the city to evaluate the character and impact of the proposed PUD.

   (C)   Advisory report, criteria considered. The Zoning Board of Appeals shall submit to the Council a written advisory report concerning acceptance/rejection of the development plan. In deciding what its advice should be, the Zoning Board of Appeals shall consider the following criteria:

      (1)   The extent to which the proposed development is consistent with the city’s Comprehensive Plan and with the purposes of this chapter and of all other applicable codes and ordinances;

      (2)   The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including, but not limited to, the use and lot and building regulations of the district), and the apparent merits (if any) of said deviations;

      (3)   Whether the proposed design of the PUD makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features and so forth;

      (4)   The compatibility of the proposed PUD with adjacent properties and surrounding area; and

      (5)   Any other reasonable criteria that the Zoning Board of Appeals may devise.

   (D)   Decision by Council. After the Zoning Board of Appeals has submitted its advisory report, the Council, by resolution, either approve or disapprove the PUD development plan. The Council shall not approve any PUD development unless:

      (1)   The developer has posted a performance bond or deposited funds in escrow in the amount of the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and

      (2)   The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

      (3)   The proposed PUD, as evidenced by the development plan, complies with all applicable codes and ordinances. (Deviations to the extent permitted under § 162.053 of this chapter shall not be deemed non-compliance.)

(1960 Code, § 60-4-5)

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

   (A)   Minor changes 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 public hearing before the Zoning Board of Appeals and a resolution by the Council.

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

(1960 Code, § 60-4-6) Penalty, see § 162.999

   (A)   (1)   If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the development plan shall lapse upon the written notice to the applicant from the Council and shall be of no further effect.

      (2)   However, in its discretion and for good cause, the Council may extend for a reasonable time the period for the beginning of construction.

   (B)   If a final development plan lapses, as per this section:

      (1)   The special use permit shall be automatically revoked;

      (2)   Any building permits shall automatically become null and void; and

      (3)   All regulations applicable before the PUD was approved shall automatically be in full effect.

(1960 Code, § 60-4-7)

   The city, in conjunction with any existing or proposed city development, shall be exempt from all of the provisions of this chapter. (This is applicable to § 162.056 of this chapter.)

(1960 Code, § 60-4-8)