Development controls required when land is developed on a lot-by-lot basis are necessarily somewhat inflexible and may result in a monotonous or otherwise undesirable developmental pattern. When a parcel of land under unified ownership or control is developed in accordance with a unified plan and subject to appropriate controls to ensure adherence to such plan, greater flexibility in building type and site design restrictions is both possible and in the public interest. This article provides for such flexibility under planned unit development provisions. It is the purpose of these provisions to allow for a use in a district which would otherwise be proscribed, under strict application procedures and continuing controls, which development will both advance the purposes of this chapter, not substantially impair or injure any residential district in which it is permitted, and safeguard future use and development of property within such districts.

(Code 1974, § 23-65; Ord. of 10-17-1978, § 23-65; Ord. No. 87-6, 10-27-1987)

(a)

Districts where permitted. Planned unit developments (PUDs) may be permitted in R-1, R-2, R-3 and RMF multifamily residence districts, BN neighborhood commercial districts, and in ML light industrial districts, subject to the review and approval procedures set forth herein.

(b)

Tract size. A tract proposed for PUD should consist of a single contiguous parcel of land, provided that a tract bisected by local service streets only may be considered a single parcel for purposes of this section. No absolute minimum tract size is specified for a PUD, but the public benefits derived from this type of development will normally be negligible if the size of the tract is less than that which will allow substantial protection of the district within which the PUD is proposed to be located, whether by open space, natural site characteristics, artificial buffers, or other methods.

(c)

Residential planned unit developments.

(1)

Dwelling unit density. Dwelling unit density per gross site acre shall not exceed the value set forth in the following table; provided that where major recreational amenities, such as swimming pools or tennis courts are provided, an increase of two dwelling units per acre may be allowed. In districts in which commercial or industrial uses are permitted in a planned unit development, the land area occupied by such uses shall not be included in the land area used to calculate the permitted number of dwelling units.

MAXIMUM DWELLING UNIT DENSITY

(2)

Lot area and common open space. In a PUD, minimum lot area, yard dimensions and other standards required in the district concerned may be reduced; provided that the resulting plan furnishes adequate privacy, light, air and access to each dwelling unit; and provided that excess land remaining in the development by virtue of lot area reductions shall be preserved as permanent open space except where structures are needed to fulfill the educational, cultural, athletic or civic pursuits of the residents of such PUD. At least one-half of such excess land shall have a slope of less than 25 percent. Any such open space shall have not less than 20 feet of frontage on a public street, and satisfactory access to fire equipment and open space maintenance equipment shall be provided. The articles of incorporation of any corporation established to own and maintain such open space shall state that said corporation shall not be dissolved, nor shall it dispose of the common open space, by sale or otherwise, without first offering to dedicate the same to the public.

(d)

Business and industrial planned unit developments. A PUD, which includes commercial or industrial uses, shall be permitted only if the design ensures reasonable preservation of neighborhood character and stabilization of property values, both for residential structures within the PUD and for the residential district within which it is proposed to be placed. In particular, there shall be adequate design features to protect dwellings within the PUD or in the district within which the PUD is proposed to be placed from traffic, noise and similar adverse influences associated with commercial and industrial uses. Any residential developments within a business or industrial PUD shall be subject to the same regulations set out in subsection (c) of this section.

(e)

Periphery of planned unit developments. Around the periphery of a PUD, front yard setbacks shall be provided and maintained as required for the zoning district in which the development is located.

(f)

Streets, utilities and drainage. The provisions of streets, utilities and drainage features shall be as required by the subdivision regulations for a conventional subdivision; provided that electrical and telephone wires should be underground in a PUD where feasible. The zoning commission may, however, waive the requirement for underground utilities where it would result in undue hardship or severe practical difficulties.

(Code 1974, § 23-66; Ord. of 10-17-1978, § 23-66; Ord. No. 87-6, 10-27-1987)

Application for tentative and final approval of a planned unit development (PUD) shall be made and processed as follows:

(1)

A developer desiring to build a PUD shall submit to the zoning commission an application for tentative approval consisting of the following:

a.

Evidence of ownership or control of the tract proposed for development;

b.

A financial capability report indicating prospective sources of funds and persons showing a financial interest in the project;

c.

A sketch site plan or plans which shall contain the information required by the subdivision regulations for a preliminary plat, provided that such plan shall be drawn at a scale not smaller than one inch equals 40 feet and shall include the outline of proposed parking areas, the size, height, and layout of buildings, the layout of proposed open space, any existing trees to be preserved or destroyed. If the proposed development requires replatting the tract, a sketch plan of the proposed development shall be superimposed upon a drawing depicting all property lines and lot numbers, utility lines and easements of the original plan or plans proposed to be resubdivided, in dashed lines. Such drawing shall indicate existing rights-of-way to be vacated, and proposed rights-of-way to be dedicated;

d.

A statement setting forth the number, size and approximate cost of any dwelling units to be contained in the development, whether such dwelling units are planned for sale or rental, the expected total population of the development, a clear description of arrangements for ownership and management of any common open space, and a description of any covenants and restrictions to apply to any property sold to homeowners; a statement setting forth the number, size and approximate cost or rental of any commercial, professional or office units to be contained in the development, the expected use of such units and a description of arrangements for the management of any open space; or a statement setting forth the number, size and approximate cost or rental of industrial units contained in the development; and

e.

A fee, which shall be in accordance with the schedule of fees.

(2)

Upon receipt of an application for tentative approval, the zoning commission shall treat such application as a petition to rezone as set out in section 44-48(b) through (d), but providing such additional information as is required by subsection (1) of this section. Following the required publication and notices, the zoning commission shall approve or disapprove the proposed PUD, which approval or disapproval shall be based first upon the completeness and sufficiency of the application; second, upon the application's conformance to the standards set forth in section 44-239, and third, upon the zoning board's consideration of the comments received at the public hearing. Action of the zoning commission on the application shall be in the form of a recommendation in writing to the board of directors, that the application be approved or disapproved, with or without conditions. The board of directors shall thereafter receive and act upon the recommendation, but without the requirement for any further public hearing, and shall grant or deny tentative approval of the application with or without conditions. The applicant, if not personally present, upon final action by the board of directors, shall be notified of the findings of the board by mail.

(3)

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the developer shall elect to abandon said development and shall so notify the zoning commission in writing, or in the event the developer shall fail to file application for final approval within eight months after the grant of tentative approval, the tentative approval shall be deemed to be revoked, and the tract for which tentative approval was granted shall again be subject to the normal zoning standards for the district in which it was located. The zoning commission may, however, grant extensions of the period of tentative approval as it deems appropriate.

(4)

An application for final approval shall be submitted to the zoning commission. Said application shall include the following:

a.

A final plat containing the data required in such a plat by chapter 36 pertaining to subdivision regulations. All restrictive covenants, building setback lines, and other private restrictions affecting the use of the property shall be set forth on the final plat, unless such restrictions are recorded in a separate document, in which event reference to such recorded document shall be set forth upon the plat.

b.

Detailed development plan, showing:

1.

Property lines within the tract to be developed;

2.

Building locations, use, height in stories and feet;

3.

Provisions for motor vehicle parking and loading (showing stalls and arrangement);

4.

Vehicular and pedestrian circulation features, streets, walks, terraces, and patios;

5.

Landscape and forestry features, fences and walls (height and type); and

6.

Common open space areas, with recreational or other development depicted.

c.

Improvement bond, which shall:

1.

Be in favor of the city;

2.

Be in an amount equal to 100 percent of the cost, as estimated by a bona fide contractor approved by the city engineer, of all streets, curbs, sidewalks, pedestrian ways, vehicular ways, landscaping, sewers, and utilities depicted on the final plat or on the detailed development plan; excluding, however, the cost of any such improvements and installations which have been constructed, installed and completed by utility companies or the city;

3.

Be secured by a surety company authorized to do bonding business in and by the state;

4.

Be conditioned to maintain the improvements described in subsection (4)b of this section for a period of one year, following the completion and acceptance of the said improvements; and

5.

Such bond may be waived by the zoning commission, taking into consideration all relevant factors, such as the stability and financial resources of the developer and/or the owner; whether the improvements are to be performed by a reputable local developer or not; and other such criteria as may be determined by the commission for the best protection of the interests served by this article.

(5)

The zoning commission shall process the application for final approval in accordance with the procedure prescribed for final plats in the subdivision regulations.

(6)

In the event that a development plan, or a section thereof, is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved, and shall so notify the zoning commission in writing; or, in the event the developer shall fail to commence construction on the planned unit development within one year after final approval is granted, or having commenced construction, shall discontinue construction for one year, no development or further development shall take place on the property included in the development plan without approval of the zoning commission or until after said property is resubdivided. The zoning commission may grant extensions of the one-year period prescribed herein as it deems appropriate.

(Code 1974, § 23-67; Ord. of 10-17-1978, § 23-67; Ord. No. 87-6, 10-27-1987; Ord. No. 94-15, 12-13-1994)

(a)

In the event that the zoning commission grants final approval to a development plan which requires any existing public right-of-way to be vacated, the zoning commission shall recommend to the board of directors that such right-of-way be promptly vacated.

(b)

No dedication of streets, easements, parks, or other areas in a PUD shall be accepted by the city until all improvements for which an improvement bond as required by section 44-240 are properly completed to the satisfaction of the city engineer and the acceptance thereof authorized by the board of directors.

(Code 1974, § 23-68; Ord. of 10-17-1978, § 23-68)

If, at any time after the completion of a planned unit development (PUD) or portion thereof, a property owner or group of property owners wishes to construct or place a building not depicted in the recorded development plans of the PUD, or move a building within the PUD to a site other than the location shown in such development plan, said property owner or owners shall not construct, place, or move such building until the PUD shall have been resubdivided or until a revised PUD development plan covering the affected portion of the PUD shall have been approved and recorded in accordance with the procedure prescribed in section 44-241.

(Code 1974, § 23-69; Ord. of 10-17-1978, § 23-69)

If any organization established to own and maintain common open space, at any time after establishment of a planned unit development, fails to maintain said open space in reasonable order and condition in accordance with the development plan, the city may demand correction of such deficiencies, and may enter upon and maintain said open space and assess the cost of such maintenance ratably against the properties within said planned unit development. Any maintenance costs so assessed shall be a lien against the properties concerned.

(Code 1974, § 23-70; Ord. of 10-17-1978, § 23-70)