The purpose of a planned unit development (PUD) shall be to promote flexibility and innovation of development design and land utilization through the relaxation of zoning and subdivision regulations while maintaining the goals and objectives of the master plan and the intent of this title. Developers are encouraged to use a more creative approach in land development to provide more economical and efficient street and public utility improvements; to conserve resources and natural features; and to promote more desirable and efficient use of open space, land use relationships and overall design.

(Ord. 225 § 1(D) (part), 1985: Ord. 53 § 210-1, 1978)

The following procedure set forth in this chapter shall be used when a proposal for a planned unit development is submitted for consideration.

(Ord. 53 § 210-3 (part), 1978)

An applicant shall submit at least fifteen copies of a preliminary plan of a planned unit development to the zoning commission for study at least fifteen days prior to the zoning commission's meeting at which it will be discussed. The preliminary plan shall include but shall not be limited to the following information:

A.

Proposed use, location, dimensions, height, and type of construction of all buildings; proposed number of dwelling units, if any, to be located in each building;

B.

Proposed circulation pattern including the location, width, and surfacing of streets, private drives, and sidewalks; the location of any curbs; the status of street ownership; and the location of parking areas and the number of spaces therein;

C.

Proposed use of all open spaces including a plan for landscaping;

D.

Proposed grading and drainage pattern;

E.

Proposed method and plan for provision of water supply, sewage disposal, and electrical facilities;

F.

Economic and supporting data to justify any commercial and industrial development in an area not so zoned;

G.

Relationship of the proposed development to the surrounding area and to the comprehensive plan.

(Ord. 53 § 210-3(A), 1978)

Prior to consideration of the preliminary plan, the plan shall be referred to any applicable agency or interest which may include the Butte-Silver Bow health and public works departments, any other utility districts or fire districts in the area where the proposed development would be located, the State Highway Department, and to any other appropriate federal, state, or local agencies. Officials of these agencies shall be given at least ten days to review the plan, suggest revisions, and return the plans to the zoning commission.

(Ord. 53 § 210-3(B), 1978)

A public hearing will be held for presentation of the preliminary plan.

(Ord. 53 § 210-3(C), 1978)

The zoning commission shall consider the preliminary development plan at a meeting, at which time the comments of persons receiving the plan for study shall be reviewed. In considering the plan, the zoning commission shall seek to determine that:

A.

There are special physical conditions or objectives of the development which warrant a departure from the standard ordinance requirements.

B.

The proposed development will not be inconsistent with the comprehensive plan provisions or zoning objectives of the area.

C.

The area at least two hundred fifty feet from the outside boundary of the lot upon which the development is proposed, is or can be planned to be in substantial harmony with the proposal.

D.

The plan can be completed within a reasonable period of time.

E.

Any proposed commercial or industrial development can be justified economically.

F.

The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area.

G.

Proposed utility and drainage facilities are adequate for the population densities and type of development proposed and will not create a drainage or population problem outside the planned area.

(Ord. 53 § 210-3(D), 1978)

In its review of the plan, the zoning commission or council may consider any deed restrictions or covenants entered into or contracted for by the developer concerning the use of common land permanent open space. "Common land" as herein contained shall refer to land dedicated to the public use and to land retained in private ownership but intended for the use of the residents of the development unit or the general public.

(Ord. 53 § 210-3(E), 1978)

The zoning commission may approve, deny or recommend revision of the preliminary plan of the planned unit development.

(Ord. 53 § 210-3(F), 1978)

If the preliminary plan for the planned unit development is approved, the zoning commission may attach conditions it finds necessary to carry out the purposes of this title. These conditions may include, but are not limited to, the following:

A.

Increasing the required setbacks;

B.

Limiting the height of buildings;

C.

Controlling the location and number of vehicular access points;

D.

Establishing new streets, increasing the right-of-way or roadway width of existing streets, requiring curbs and sidewalks, and, in general, improving the traffic circulation system;

E.

Increasing the number of parking spaces and improving design standards for parking areas;

F.

Limiting the number, size, location and lighting of signs;

G.

Designating sites for open space and recreational development and, in general, improving landscaping requirements;

H.

Requiring additional view-obscuring screening or fencing;

I.

Requiring performance bonds to assure that the planned unit development is completed as approved within the time limit as established by the zoning commission;

J.

Requiring appropriate contractual agreement with the county or with special districts to assure development of streets, curbs, gutters, sidewalks, and all utilities to acceptable standards.

(Ord. 53 § 210-3(G), 1978)

If the zoning commission approves the preliminary plan of the planned unit development, the applicant may initiate a request for an amendment to the zoning map to establish a PUD zone in combination with another zone. If the zoning commission finds to the contrary, it may recommend the application be denied, or returned to the applicant for revision.

(Ord. 53 § 210-3(H), 1978)

A.

If the zoning commission denies a request for approval of a preliminary plan for a planned unit development, the applicant may appeal the decision to the council of commissioners. In the event that the council of commissioners approves the preliminary plan, the applicant may then initiate an amendment to the zoning map as specified in Section 17.46.100. Approval of an amendment and any provisions of the approval to establish a PUD zone shall constitute final approval of the plan for the planned unit development.

B.

Building permits for all or any portion of a planned unit development shall be issued on the basis of the approved plan. An application for a building permit shall be preceded or accompanied by submission of any required bonds or deeds for public dedication or contractual agreements for developments of public facilities. Any change in the approved plan shall be submitted to the zoning commission for processing as an amendment to the ordinance codified in this title.

(Ord. 53 § 210-3(I), 1978)

Upon abandonment of a particular development authorized under this chapter, or if substantial construction has not been initiated within one year from the date of its final approval, the zoning commission may determine that the granting of approval shall be nullified, the rezone automatically repealed, and further use of the property and structures thereon shall be in accordance with the existing zone, unless a request to extend the time limit is approved by the zoning commission.

(Ord. 53 § 210-4, 1978)

The following requirements shall govern the use of a PUD zone.

(Ord. 225 § 1(D) (part), 1985: Ord. 53 § 210-2 (part), 1978)

A PUD zone may be established as an overlay zone to any zoning district or combination of districts.

(Ord. 225 § 1(D) (part), 1985: Ord. 53 § 210-2(A), 1978)

All development in a PUD zone shall be in compliance with a planned unit development permit which has been approved in accordance with the provisions of this section.

(Ord. 225 § 1(D) (part), 1985: Ord. 53 § 210-2(B), 1978)

A planned unit development may include mixed land uses, providing such development shall be indirect proportion to the land area of the underlying zone or zones with the following exceptions:

1.

Residential uses except as permitted in Sections 17.28.020 and 17.28.030, of this code, shall not be permitted in any M-1 or M-2 zone.

2.

Uses permitted only in an M-1 or M-2 zone shall not be permitted in any residential, C-1 or E-1 zone.

3.

Any industrial use proposed as part of the planned unit development and located in a C-2 or C-3 zone shall be directly related in purpose and function to the remainder of the planned unit development and shall not exceed thirty-five percent of the total floor area or use area of the development.

4.

Where commercial uses are being developed in conjunction with residential development in a residential zone, construction of such commercial use shall not be initiated until twenty-five percent of the residential units have been developed.

5.

Where a mixed land use planned unit development is proposed that would not normally be permitted in the underlying zone or does not meet the criteria above, a zone change to modify the underlying zone shall be required in addition to the planned unit development application.

(Ord. 225 § 1(D) (part), 1985: Ord. 53 § 210-2(C), 1978)

Modifications to the density, building heights, setbacks, parking and other design requirements of the underlying zone may be approved by the zoning commission, providing that such modifications shall not exceed twenty-five percent of the general requirements of the zone in which the development is located. In determining the density, land area dedicated for public streets or public parks shall not be included as part of the development area. However, land permanently set aside for common open space, recreation, private drives or streets and private parking shall be included in the development area. In granting these modifications, the zoning commission shall consider the character, design excellence, relationship to surrounding uses and lands, open space utilization, provisions of recreational facilities, ingress/egress and traffic circulation both vehicular and pedestrian, as well as impacts to public facilities including streets, water, sewer, schools and police and fire protection required and provided by the development.

(Ord. 225 § 1(D) (part), 1985: Ord. 53 § 210-2(D), 1978)

No minimum site size shall be required provided that the development satisfies the intent and criteria of the zoning ordinance and other pertinent ordinances, regulations and laws.

(Ord. 225 § 1(D) (part), 1985: Ord. 53 § 210-2(E), 1978)