Big Timber City Zoning Code
PLANNED UNIT
DEVELOPMENT PUD
§ 154.355 INTENT.
The intent of this subchapter is to allow, with adequate review, flexibility in design of developments that do at least several of the following:
(A) Encourage development with mixed uses, particularly a variety of housing types and densities;
(B) Create or preserve usable open space and recreation areas;
(C) Preserve the natural characteristics of the land including topography, native vegetation, and scenic view;
(D) Avoid construction in unsuitable areas;
(E) Encourage creativity in design, including flexibility in residential siting to achieve energy conservation;
(F) Allow efficient provision of streets, utilities, and other services; and
(G) Provide lower-cost housing affordable to low- and moderate-income families and individuals.
(2015 Code, § 11-19-1) (Ord. 454, passed 6-19-2000)
§ 154.356 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PLANNED UNIT DEVELOPMENT (PUD). A land development project designed and planned as a single entity under a plan that offers a variety of land uses, housing types and densities, and design features in addition to those allowed by right or as a conditional use in the zoning district.
(2015 Code, § 11-19-2) (Ord. 454, passed 6-19-2000)
§ 154.357 APPLICATION AND USES.
(A) A PUD may be applied to any development having one or more principal uses or structures on a single parcel or contiguous parcels of land. Any use or combination of uses may be allowed in a PUD provided such uses are consistent with the city growth policy plan.
(B) Any PUD shall be considered as a conditional use within the zoning district in which it is to be located.
(2015 Code, § 11-19-3) (Ord. 454, passed 6-19-2000)
§ 154.358 DEVELOPMENT PROCEDURE.
(1) A conceptual plan of the proposed PUD, including pertinent information on location, approximate tract and lot boundaries, description of general terrain, natural features, existing and proposed structures and improvements, and proposed public improvements;
(2) A site plan showing the proposed location and use of lots and structures, and the location and number of parking spaces, if appropriate;
(3) A description of open space, recreational facilities, roads, and other facilities proposed to be under common ownership;
(4) Proposed restrictive covenants;
(5) A description of proposed forms of property ownership within the development;
(6) A statement describing measures to be taken to assure permanence and maintenance of open space and other facilities to be held in common ownership;
(7) A schedule showing street and utility improvement completion dates;
(8) A preliminary subdivision plat and plat supplements, if required; and
(9) Any reasonable information that the Zoning Officer may require.
(B) Review and approval.
(2) Where the proposed PUD is subject to review as a subdivision under the state’s Subdivision and Platting Act, the Planning Board shall hold joint and concurrent review, including a joint public hearing.
(3) Notice of each hearing shall be given in the manner prescribed by this chapter and the county and city subdivision regulations.
(2015 Code, § 11-19-4) (Ord. 454, passed 6-19-2000)
§ 154.359 DESIGN STANDARDS.
All PUDs shall consist of harmonious arrangement of uses, building, parking areas, circulation, and open spaces. All PUDs shall be designed as an integrated unit, in such a manner as to constitute a safe, efficient, and convenient development. The design shall meet the intent of this subchapter and include provisions for mixed uses and/or a variety of housing types and densities. The PUD shall also provide for efficient traffic circulation, adequate light, air, and open space. The open space element of the design shall preserve the natural characteristics of the land, including topography, native vegetation, and scenic views.
(A) Minimum area. Three contiguous acres of land; less acreage may be accepted where the applicant can demonstrate that a smaller parcel will meet the objectives of this subchapter.
(B) Location. Any district where the applicant can demonstrate the PUD proposal will meet the objectives of this subchapter and not create any detrimental effects to that area.
(C) Density. The City Council shall determine, in each case, the appropriate land use and dwelling unit density for individual projects. The determination of land use or dwelling unit densities shall be completely documented, including all facts, opinions, and judgments justifying the selection of the rating or density. Permitted densities of existing zoning shall be used as guidelines.
(D) Height. All buildings and structures shall conform to the height regulations of the zone in which the planned unit development is located.
(E) Pedestrian access. Any building or any dwelling unit that is located more than 100 feet from a public or private street or other vehicular way shall have pedestrian access thereto capable of accommodating emergency and service vehicles.
(2015 Code, § 11-19-5) (Ord. 454, passed 6-19-2000)
§ 154.360 COMMON PROPERTY.
(A) When common property exists (open space, recreational facilities, and the like), the ownership of such common property may be either public or private.
(B) Satisfactory arrangements shall be made with the City Council for the improvement, operation, and maintenance of such common property and facilities including private streets, driveways, service, and parking areas and recreational open space areas.
(2015 Code, § 11-19-6) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.361 OPEN SPACE.
(A) Amount required. Required open space shall comprise at least one-ninth of the total area of PUD. Land occupied by buildings, streets, driveways, parking spaces, or parking areas may not be counted in satisfying this open space requirement.
(B) Improvements.
(1) At least one-half of the required open space shall have an overall finished grade not to exceed 10% and shall be suitably improved for its intended purposes.
(2) All of the open space that has been graded or disturbed will be landscaped.
(3) All lawn and landscaped areas reserved for common use shall be provided with a permanent watering system adequate to maintain such areas.
(C) Natural state. The remaining one-half of the required open space may also be improved, or may be left in its natural state, particularly if natural features worthy of preservation exist on site. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire, or flood hazard.
(D) Staged development. If the development is to be accomplished in stages, the development plan shall coordinate improvement of the open space, the construction of buildings, structures, and improvements and the construction of dwelling units in order that each development stage achieves a proportionate quantity of the total planned development.
(2015 Code, § 11-19-7) (Ord. 454, passed 6-19-2000)
§ 154.362 SETBACKS.
(A) Building location.
(1) No building, except as hereafter provided, shall be located closer than eight feet from any interior vehicular or pedestrianway, court, plaza, open parking areas, or any other surfaced area reserved for public use in common by residents of the PUD.
(2) Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.
(B) Spacing. Spacing between buildings shall be at least 16 feet.
(C) Open space. Each building shall be surrounded on all sides by relative level open space having a slope no greater than 10% and extending a minimum distance of ten feet in all directions measured from the furthest projection of the external walls of the building.
(D) Required setback. A setback of not less than 15 feet shall be maintained by any building or structure, except a wall or fence, from any street along an exterior boundary of the development.
(2015 Code, § 11-19-8) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999