In certain instances, the purpose of the zoning regulations and zones, as set forth in this Title, may be achieved by the development of planned units which do not conform in all respects with the use patterns designated on the Zoning Map or with the zoning regulations prescribed therefor. A planned unit development may include a combination of different dwelling types and/or a variety of land uses, including public, quasi-public, commercial or industrial uses, as separate or combined developments, which compliment each other and harmonize with existing and proposed land uses in the vicinity. In order to provide for the locations of well-planned developments which conform with the purpose of this Title, although they may deviate in certain respects from the zoning regulations otherwise applicable to the site, the Planning Commission may recommend and the City Council may approve planned unit developments as overlay zones. Such developments shall meet the objectives of the community development expressed in the Comprehensive Plan of the City.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

A.

The establishment of a planned unit development for only residential purposes may be accomplished in an R or ME Zone and not in any other zone.

B.

The establishment of a planned unit development for residential purposes that includes public, quasi-public and/or commercial areas may be accomplished in any combination of R, ME, C1 or G Zones, as required to permit the proposed uses and not in any other zone.

C.

The establishment of a planned unit development for only commercial or industrial purposes, or for combined commercial/industrial purposes may be accomplished in any combination of C2 or CM Zones as required to permit the proposed uses and not in any other zone.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

The use regulations for the underlying zone or zones shall determine the uses permitted in a planned unit development. The proposed uses shall be located in the zone in which they are specifically permitted, except that uses listed as conditional uses need not be subject to procedures set forth in Chapter 30 of this Title.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

A planned unit development shall contain an area of not less than forty (40) acres.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

A.

Standards of lot area and dimensions, minimum dwelling unit size, site density, yard spaces, height of buildings and structures, number of stories in a building and distances between buildings shall, in the aggregate, be at least equivalent to the requirements prescribed by the regulations for the underlying zone.

B.

Common open spaces shall be provided in an amount equivalent to not less than fifteen percent (15%) of any area designated for residential purposes. The location of the common open space shall be such that it may be incorporated as an integral part of the design concept of the residential area it is intended to serve. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents or owners of the development. "Common open space" shall not include:

1.

Areas reserved for the exclusive use of benefit of an individual owner or tenant; nor

2.

Street, alley easements, drainage easements, overhead utility easements or other public right of way; nor

3.

Vehicular drives, parking, loading and storage areas.

C.

The amount of areas designated for commercial, industrial or other nonresidential uses shall, in the aggregate, not exceed ten percent (10%) of the area designated for residential purposes.

D.

Off-street parking shall be provided in an amount as specified for individual uses in Chapter 23 of this Title. The conversion of a private garage accessory to any dwelling or dwelling group shall not be permitted.

E.

All buildings shall set back at least twenty feet (20') from the perimeter property lines. The minimum distance between buildings shall be twelve feet (12').

F.

The design standards of the planned unit development, including all streets, shall conform with the subdivision design standards set forth in Section 11-39-7 of this Title. All private streets shall be designed and built to City standards.

G.

No use shall be permitted and no process, equipment or materials shall be employed which are found to be objectionable by reason of odor, dust, smoke, noise, vibration, illumination, glare or unsightliness.

H.

The planned unit development and the buildings and appurtenant facilities shall be in a single ownership, or under management or supervision of a central authority; or they shall be subject to other supervisory lease or ownership control as may be necessary to carry out the purpose of regulations relating to the planned unit development.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

A.

A property owner or agent thereof may first submit a concept map for review by the Planning Commission, together with preliminary plans showing exterior elevations; the use or uses and the location of proposed buildings and structures; areas to be reserved for vehicular and pedestrian circulation; parking, public and quasi-public uses; architectural sketches depicting the design, bulk and character of the proposed structures and uses, and their physical relationship. Such other pertinent information shall be included as may be necessary to determine that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this Title.

B.

The Community Development Director shall refer the contemplated planned unit development to the various departments deemed advisable, requesting their findings and recommendations.

C.

The submission and review of a concept map and the other plans shall in no way be interpreted as official approval and shall in no way be interpreted to mean that such review satisfied the requirements of a tentative map submission or approval.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

The application for tentative approval of the planned unit development shall include a tentative map prepared pursuant to Section 11-39-4 of this Title and a fee in the amount established by resolution of the City Council, and such other information as is reasonably necessary to disclose the following:

A.

The location and size of the site and the nature of the property owner's interest in the land proposed to be developed.

B.

The density of land use to be allocated to parts of the site to be developed.

C.

The location and size of any common open space, including the landscaping thereof, the proposed recreation areas and facilities, and the form of organization proposed to own and maintain any common open space.

D.

The organization for maintaining the common open space, the procedures for collecting fees to maintain the common open space and assessing liens to enforce collection of the maintenance fees, and in the event that the organization fails to maintain the common open space, the procedures for the City to undertake the maintenance and assess the properties for the costs.

E.

The use and approximate height, bulk and location of buildings and other structures.

F.

The ratio of residential to nonresidential use.

G.

The proposed grading and drainage pattern.

H.

The proposed method of water supply and proposals for the disposition of sanitary waste and storm water.

I.

The substance of conditions, covenants, grants or easements or other restrictions proposed to be imposed upon the use of land, buildings and structures, including proposed easements or grants for public utilities. The conditions, covenants and restrictions (CC&R's) shall restrict the repair, dismantling or servicing of vehicles; require that privately-owned areas as well as designated "common open space" be maintained in good condition, free of weeds, dust, trash and debris; and provide that any private streets and other paved areas be maintained in good condition free of all holes or other defects, trash or dangerous materials.

J.

The provisions for parking of vehicles and the location and width of proposed streets and public ways, including the status of street ownership and extra parking for recreational vehicles, and the location of any bicycle pathways and pedestrian walkways.

K.

The relationship of the proposed development to the surrounding area and Comprehensive Plan, and the required modifications in the zoning regulations otherwise applicable to the subject property.

L.

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit development are intended to be filed.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

After it has been determined that an application for tentative approval of the planned unit development has been filed in the manner prescribed in Section 11-26-7 of this Chapter, the Planning Commission shall hold public hearing thereon in accordance with public hearing procedures as set forth in Chapter 35 of this Title. The Planning Commission may continue the public hearing from time to time, but the public hearing shall be concluded within sixty (60) days after the initial hearing date unless the property owner or agent thereof consents in writing to an extension of the time within which the public hearing shall be concluded.

Following conclusion of the public hearing, the Planning Commission may recommend tentative approval of the plan as submitted; recommend tentative approval subject to specified conditions not included in the plan as submitted; or recommend denial of tentative approval of the plan. The tentative approval or denial recommendation shall set forth the reasons therefor, including what respects the plan would or would not be in the public interest and findings on the following:

A.

In what respects the plan is or is not consistent with the statement of objectives of the planned unit development.

B.

The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the site, including, but not limited to, density, bulk and use and the reasons why these departures are or are not deemed to be in the public interest.

C.

The ratio of residential to nonresidential use in the planned unit development.

D.

The purpose, location and amount of common open space in the planned unit development, the reliability of the proposals from maintenance and conservation of the common open space, and adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.

E.

The physical design of the plan and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

F.

The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established.

G.

In the case of a plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public residents and owners of the planned unit development in the integrity of the plan.

After conclusion of public hearing, and a recommendation of tentative approval by the Planning Commission, the application for tentative approval and accompanying tentative map, shall be transmitted, via the Citizens Development Allotment Evaluation Committee when applicable, to the City Council for review and action. The City Council shall sustain, modify, reject or overrule any recommendation of the Planning Commission and may make such additional findings that are consistent with this Title. If tentative approval is granted, with regard to the plan as submitted or with regard to the plan with conditions, the City Council shall, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

An application for final approval may be for all the area included in a planned unit development or to the extent set forth in the tentative approval for a section thereof. Such application shall be accompanied by a final map prepared pursuant to Section 11-39-5 of this Title, and a fee in the amount established by resolution of the City Council.

An application or applications for final approval shall be submitted in accordance with the time schedule approved in granting tentative approval. The accompanying information shall include the drawings, specifications, covenants, easements, conditions and form of performance bond as was set forth by the City Council in granting tentative approval of the planned unit development.

A public hearing on the application for final approval of the planned unit development, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval. The plan submitted for final approval is in substantial compliance with the plan previously given approval, if any modification of the final plan does not:

A.

Vary the proposed gross residential density or intensity of use;

B.

Vary the proposed ratio of residential to nonresidential use;

C.

Involve a reduction of the area set aside for common open space or the substantial relocation of such area;

D.

Substantially increase the floor area proposed for nonresidential use;

E.

Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings;

F.

Substantially modify the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.

The application for final approval, and accompanying plan, shall be considered by the Planning Commission to determine if the plan substantially complies with the plan given tentative approval. Having made its determination based upon a finding of facts, the Planning Commission shall make a recommendation to the City Council.

The City Council shall approve an application for final approval of the planned unit development, if after a finding of facts, it is found that the plan is in substantial compliance with the plan given tentative approval.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

If the plan, as submitted for final approval, is not in compliance with the plan given tentative approval, the City Clerk shall, within thirty (30) days of the date of the filing of application for the final approval, notify the property owner or agent thereof in writing, setting forth the reasons why the final plan is not in substantial compliance. The property owner or agent thereof may:

A.

Consider such notification as a denial of final approval;

B.

Refile the final plan in a form which is in substantial compliance with the plan as tentatively approved; or

C.

File in writing with the City Clerk a request that the City Council hold a public hearing on the application for final approval.

If a property owner or agent thereof elects to refile the final plan or request public hearing, he may do so on or before the last day of the time within which he was authorized by the granting tentative approval to file for final approval, or thirty (30) days from the date of receipt of such refusal, whichever is the later. The public hearing shall be held within thirty (30) days after the request for public hearing is made by the property owner or agent thereof, and notice thereof shall be given and public hearing shall be conducted in the manner prescribed for the initially submitted application in Chapter 35 of this Title. Within twenty (20) days after conclusion of the public hearing, the City Council shall either grant final approval or deny final approval of the plan. The decision shall be based upon a finding of facts as set forth in Section 11-26-8 of this Chapter. An approved planned unit development shall be identified on the land use Zoning Map in addition to the underlying zone or zones.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

Any planned unit development that includes uses requiring a change in the underlying zone or zones shall be accompanied by an application to amend the land use Zoning Map. The two (2) applications may be reviewed and heard concurrently and no additional fee need be charged for the Zoning Map amendment application.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

Any request or application for a substantial plan change as described in Section 11-26-9 of this Chapter, shall be processed in the same manner as the initial application and the plan to develop the site as a planned unit development.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

No further development may take place on the site included in the planned unit development until after the site is resubdivided as prescribed in Chapter 39 of this Title, and is reclassified by an enactment of an amendment to the land use Zoning Map as prescribed in Chapter 33 of this Title, if:

A.

The planned unit development, or a section thereof, is given approval and thereafter, the property owner or agent thereof abandons the plan or the section thereof as finally approved; or

B.

The property owner or agent thereof, fails to carry out the planned unit development within the specified period of time after final approval has been granted.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

Upon approving a planned unit development, construction shall proceed as soon as practicable, and if reasonable progress is not being made within a period of one year ending after the date of such approval by the City Council, the Planning Commission may have the owners/developers of the planned unit development explain the delay, and if reasonable progress is not being made within a period of two (2) years ending after the date of said approval, the Planning Commission may initiate proceedings to rezone the area of the planned unit development to the zone or zones in existence prior to the adoption of the planned unit development, or to such other zone or zones as it may deem suitable and appropriate.

(Ord. 841, 2-23-1988, eff. 3-23-1988)