(a)

Purpose of provisions. Under the regulations prescribed by this chapter for the various districts, a separate building site is required for each structure other than an accessory structure. For the purpose of allowing and encouraging greater variety of design and flexibility of location for buildings comprising a planned group, the provisions of this section waive the requirement for a separate building site for each building and permit two or more buildings to be erected and maintained on the same building site when certain conditions hereinafter set forth are met. Examples of such building groups that might be erected under the provisions of this section are multiple-family dwelling projects and shopping centers.

(b)

Limitations. The provisions of this section are applicable in all districts except the R-A districts.

(Ord. No. 120, § IV(A), 1981)

(a)

District regulations. Every building group erected and maintained under the provisions of this section shall comply with all of the regulations established by this article for the district in which the building group is located except the regulation requiring a separate building site to be provided and maintained for each principal structure; such building group may be considered as one building for the purpose of complying with the building site area, height, yard, and other regulations of this chapter.

(b)

Site plan and improvements. A special plan for a building group shall show, and there shall be provided, the following:

(1)

Drainage. Adequate facilities for the drainage of surface water, including storm sewers, gutters, paving, and the proper design of finished grades;

(2)

Circulation. Adequate facilities for the safe and convenient circulation of pedestrian and vehicular traffic including walks, driveways, off-street parking areas, off-street loading areas, and landscaped separation spaces between pedestrian and vehicular ways;

(3)

Play Areas. In dwelling building groups, adequate and safely located play areas for small children;

(4)

Protection of residence districts. In business building groups near or adjoining residence districts, adequate provision (including fences, walls, and planting) to screen and protect the residence district from parking lot illumination, headlights, fumes, heat, noise, blowing papers and dust and the visual encroachment of commercial buildings, service areas, signs, and activity on the privacy and neighborhood character of the residential district.

(c)

Building spacing and orientation. The following spacing between buildings shall be measured perpendicularly between exterior walls; it does not apply to corner-to-corner placement of buildings where walls do not overlap:

(1)

Spacing of buildings. A building wall shall be located no closer to another building than a distance equal to the height of the taller building of the two; provided, further that for a building containing dwelling units such distance shall not be less than 50 feet in the case of a wall having windows and not less than 25 feet in the case of a wall having no windows;

(2)

Orientation of buildings containing dwelling units. In buildings containing dwelling units, walls having main window exposures shall be so oriented to ensure adequate light and air, to avoid exposures to highways and other high-volume trafficways, and to preserve visual and audible privacy between buildings;

(3)

Access by emergency vehicles. The buildings in a planned building group shall be so arranged that every inhabited building is accessible by emergency vehicles.

(Ord. No. 120, § IV(B), 1981)

(a)

Purpose of provision. Under the regulations prescribed by this chapter, separate districts are established for various types of residential uses. To encourage more creative, efficient and aesthetically desirable design in urban development, the residential planned unit development (RPUD) provisions waive certain district requirements to permit large tracts of land to be developed as integral units for single-family, townhouse, cluster, condominium, multifamily, patio homes and other innovated residential developments.

(b)

Limitations. The provisions of this section are applicable in all residential districts except the R-A district.

(Ord. No. 120, § IV(C), 1981)

(a)

District regulations.

(1)

Compliance to district where development is located. Every residential planned unit development erected and maintained under the provisions of this article shall comply with all the regulations established in this chapter for the district in which the residential planned unit development is located except as provided for in this section.

(2)

Permitted uses.

a.

Residential uses. Dwelling units detached, semidetached, attached, or multifamily structures, or any combination thereof are permitted in a residential planned unit development.

b.

Commercial uses. Commercial uses shall be designed to serve primarily the residents of the RPUD and be compatible and harmonious with the unitary design of the RPUD. No commercial structure shall be built or established prior to the residential buildings or uses it is designed or intended to serve.

c.

Other nonresidential uses. Nonresidential uses of a cultural or recreational character are permitted in a RPUD provided that such uses are designed to serve primarily the residents of the RPUD and are compatibly and harmoniously incorporated into the unitary design of the RPUD.

(b)

Site plan improvements.

(1)

Drainage. Adequate drainage shall be provided.

(2)

Circulation. Adequate facilities for the safe and convenient circulation of pedestrian and vehicular traffic, including walks, driveways, off-street parking areas, off-street loading areas, and landscaped separation spaces between pedestrian and vehicular ways.

(3)

Play areas. Adequate and safely located play or common open space areas for small children and other occupants of the development shall be provided.

(4)

Trees. Because of their value in soil conservation, health and community appearance, trees shall be preserved wherever possible.

(c)

Minimum size.

(1)

RPUD tract. The minimum size tract shall be three acres.

(2)

Minimum lot width. Twenty feet.

(3)

Minimum lot area. None.

(d)

Setbacks.

(1)

All buildings and structures (except a wall or fence) shall set back a minimum of 25 feet from all exterior boundary lines of the development.

(2)

No building shall be located closer than ten feet from any interior vehicular or pedestrian way, court, plaza open parking lot or any other surfaced area reserved for public use.

(3)

No garage or carport having straight-in access shall be located closer than 20 feet from any interior vehicular or pedestrian way, court plaza open parking lot or any other surfaced area reserved for public use.

(4)

Spacing between the sides of buildings shall be at least ten feet.

(e)

Yard requirements. No minimum side, front and rear yards except for setbacks herein required.

(f)

Density. Overall project density in a RPUD shall not exceed nine units per gross acre.

(g)

Building site area. RPUDs may be permitted to vary building site area requirements that are established by the district regulations for individual building sites as long as the density limitations are met.

(h)

Streets. All streets whether public or private shall meet the minimum street requirements of chapter 125.

(i)

Sidewalks. Sidewalks usually required within the street right-of-way may be omitted if adequate pedestrian sidewalks are provided elsewhere in the development linking living units to parking area, streets and all project facilities. Sidewalks shall also provide access to sidewalks in adjacent developments.

(j)

Walls and fences. A six-foot screening wall or fence shall be provided when there is no yard setback.

(Ord. No. 120, § IV(D), 1981)

(a)

Pre-application conference. Before submitting an application for a RPUD or planned building group, an applicant should confer with the planning department to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data. Specifications: None.

(b)

Application for approval. An application for approval of a planned building group or residential planned unit development shall be filed with office of zoning administration and shall contain the following information:

(1)

Interest and ownership. The applicant's name, address, and interest in the application, and the name, address, and interest of every person, firm or corporation represented by the applicant in the application; the concurrence of the owner of the entire land area included in the special plan and all encumbrancers of the designated land area, and actually intend to develop the designated area, and have both the means and ability to do so.

(2)

Preliminary development plan requirements.

a.

Vicinity map. A diagram showing location of a special plan with relationship to major arteries.

b.

Survey data. The boundary lines of the special plan with length and bearing of lines; section and township lines; contours with two foot intervals.

c.

Streets. The name, location and right-of-way widths of all streets and passageways.

d.

Easements. All existing and proposed easements.

e.

Circulation system. Including curb cuts and driveways.

f.

Parking and loading areas. Spaces must be numbered.

g.

Recreation areas. Areas proposed for parks, parkways, playgrounds, school sites, public and semipublic uses and common areas.

h.

Buildings. Approximate location of all buildings and structures.

i.

Elevation and perspective drawings of proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail.

j.

Development schedule. If development is to be in stages, a beginning and completion date of each stage should be given.

k.

Lots. Lot lines with numbering shall be shown.

l.

Covenants/agreements. A draft of the protective covenants and/or agreements governing the use, maintenance and continued protection of the RPUD or planned building group.

(c)

Administrative review.

(1)

Upon receipt of an application for approval of a planned building group or a residential planned unit development, properly and completely made out, the office of zoning administration shall promptly transmit the application to the planning commission. Within 45 days after the filing of an application, the planning commission shall:

a.

For a planned building group, approve or disapprove the special plan. Approval may establish conditions and limitations, which may include a performance bond;

b.

For a residential planned unit development, a public hearing shall be held and interested parties notified in the same manner as for a rezoning hearing.

(2)

The planning commission shall then transmit its preliminary plan. Approval or disapproval report to the applicant including any conditions of approval, which may include a performance bond. If rezoning application is filed concurrently with the residential planned unit development application, the rezoning hearing may also serve as the required hearing for the RPUD application.

(d)

Final development plan. Following approval of the preliminary plan the applicant shall prepare and file with the office of zoning administration a final development plan including all or any phase of the preliminary plan. Upon receipt of the final development plan, the office of zoning administration shall, within five days, transmit the final development plan to the planning commission for review and action.

(e)

Registration of special plan. Upon approval of a special plan, a copy of such plans shall be registered among the records of the office of zoning administration and shall thereafter be binding upon the applicants, their heirs, successors, and assigns, and shall limit and control the issuance and validity of permits and certificates, and shall restrict and limit use and operation of all land and structures within area designated in such special plan to all conditions and limitations specified in such special plan and approval thereof.

(f)

Failure to begin planned development. If no construction has begun or no use established in the planned development within one year from the date of approval of the final development plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the planning commission may extend the period for beginning of construction or the establishment of a use.

(g)

Amendment or withdrawal of special plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and registered, any special plan may be amended or withdrawn, with MPC approval, either partially or completely, if all land and structures remaining under such special plan comply with all the conditions and limitations of the special plan and all land and structures withdrawn from such special plan comply with all regulations established by this chapter and unrelated to the special plan.

(h)

Waivers. Upon written appeal by any applicant citing the design or other exceptional characteristics of the proposed development justifying consideration, the planning commission may waive any of the standards set out in this section and related standards such as density requirements and may permit submission of an application for hearing and review in accord with procedures set out in this section. In permitting waivers to these standards, the planning commission must find that the application fully meets the intent of this section and of the zoning chapter. If an applicant proposes increased density, the site plan must provide a minimum of 20 percent open area, exclusive of required parking and all parking and setback criteria must be met.

(i)

Appeals. Any person aggrieved by a decision of the planning commission in approving or disapproving an application for a planned building group or residential planned unit development, may within 30 days from the date of such decision have a decision reviewed in the manner provided by rules relating to civil proceedings. The filing of a petition hereunder shall not stay proceedings under the decision appealed from.

(Ord. No. 120, § IV(E), 1981)