The purposes of this subchapter are:

(A)

To encourage a more creative and efficient development of land and its improvements than is possible under the more restrictive application of zoning requirements such as lot sizes and building setbacks, while at the same time meeting the standards and purposes of the comprehensive plan and preserving the health, safety and welfare of the citizens of the city;

(B)

To allow for a mixture of residential units in an integrated and well-planned area; and

(C)

To ensure concentration of open space into more usable areas and the preservation of the natural resources of the site including wetlands, woodlands, steep slopes and scenic areas.

(Ord. 164, passed 9-14-1982)

Dwelling units in detached, clustered, semi-detached, attached or multistoried structures or combinations thereof.

(Ord. 164, passed 9-14-1982)

(A)

A conditional use permit shall be required of all planned developments.

(B)

The city may approve the planned unit development only if it finds that the development satisfies all the following standards in addition to meeting the requirements of §§ 153.415 through 153.418, except for the time limit:

(1)

The planned unit development is consistent with the comprehensive plan of the city;

(2)

The planned unit is an effective and unified treatment of the development possibilities in the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded covert rough terrain and similar areas;

(3)

The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site;

(4)

Financing is available to the applicant on conditions and is an amount which is sufficient to assure completion of the planned unit development;

(5)

A minimum of two or more principal structures are proposed;

(6)

The tract under consideration is under single control; and

(7)

The tract is at least five acres in size.

(Ord. 164, passed 9-14-1982)

(A)

It is the intent of this chapter that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned development under this subchapter.

(B)

The plans required under this section must be submitted in a form which will satisfy the requirements of the subdivision regulations for the preliminary and final plans required under these regulations.

(Ord. 164, passed 9-14-1982)

Prior to the submission of any plan to the Planning Commission, the applicant shall meet with the Zoning Administrator, and if necessary, with the Planning Commission to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to avail himself or herself of the advice and assistance of the planning staff to facilitate the review of the outline plan and preliminary plat.

(Ord. 164, passed 9-14-1982)

(A)

An applicant shall make an application for a conditional use permit following the procedural steps as set forth in §§ 153.415 through 153.418.

(B)

In addition to the criteria and standards set forth in §§ 153.415 through 153.148 for the granting of the conditional use permits, the following additional findings shall be made before the approval of the outline development plan.

(1)

The proposed PUD is in conformance with the comprehensive plan.

(2)

The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses.

(3)

Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated.

(4)

The PUD will not create an excessive burden on parks, schools, streets and other public facilities and utilities which are proposed to serve the district.

(5)

The proposed total development is designed in a manner as to form a desirable and unified environment within its own boundaries.

(Ord. 164, passed 9-14-1982)

The following exhibits shall be submitted to the zoning administration by the proposed developer as part of the application of a conditional use permit:

(A)

An explanation of the character and need for the planned development and the manner in which it has been planned to take advantage of the planned development regulations;

(B)

A statement of proposed financing of the PUD;

(C)

A statement of the present ownership of all the land included within the planned development and a list of property owners within 350 feet of the outer boundaries of the property;

(D)

A general indication of the expected schedule of development including sequential phasing and time schedules;

(E)

A map giving the legal description of the property including approximately total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easement, street right-of-way, utilities and buildings for the property and for the area 350 feet beyond;

(F)

Natural features map or maps of the property and area 350 feet beyond showing contour lines at no more than two-foot intervals, drainage patterns, wetlands, vegetation, soil and subsoil condition;

(G)

A map indicating proposed land uses including housing units and types, vehicular and pedestrian circulation and open space uses; and

(H)

Full description as to how all necessary governmental services will be provided to the development including sanitary sewers, storms sewers, water systems, streets and other public utilities.

(Ord. 164, passed 9-14-1982)

The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development plan, the Zoning Administrator shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he or she shall find that the rate of construction of dwelling units is faster than the rate at which common open space and public and recreational facilities have been constructed and provided, he or she shall forward this information to the City Council, which may revoke the conditional use permit. If the developer or landowners fail to complete the open spaces and recreation areas within 60 days after the completion of the remainder of the project, the city may finish the open space areas and assess the cost back to the developer or landowner.

(Ord. 164, passed 9-14-1982)

(A)

All land shown on the final development plan as common open space must be conveyed under one of the following methods at the option of the city:

(1)

It may be conveyed to a public agency which will agree to maintain the common open space and any building, structure or improvements which have been placed on it; or

(2)

It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the trustees subject to covenants to be approved by the City Council which restricts the common open space to the uses specified on the final development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

(B)

If the common open space is conveyed to a homeowners association and the common open space is not maintained properly to standards established by the city, the city shall have the authority to maintain the property and assess the costs back to the homeowners association.

(Ord. 164, passed 9-14-1982)

(A)

No open area may be accepted as common open space under the provisions of this chapter unless it meets the following standards.

(1)

The location, shape, size and character of the common open space must be suitable for the planned development.

(2)

Common open space must be used for amenity of recreational purposes.

(B)

The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.

(C)

Common open space must be suitable improved for its use intended, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must regard to its topography and unimproved condition.

(Ord. 164, passed 9-14-1982)

The Zoning Administrator and Planning Commission shall review all PUDs within the city at least once each year and shall make a report to the City Council on the status of the development in each of the PUD districts. If the City Council finds that the development has not occurred within a reasonable time after the original approval of the conditional use for the PUD, the city's Planning Commission may recommend that the city revoke the conditional use permit, as set forth in §§ 153.415 through 153.428.

(Ord. 164, passed 9-14-1982)

(A)

Minor changes in the location, placement and heights of buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time of the final plan was approved.

(B)

(1)

Approval of the Planning Commission and City Council shall be required for other minor changes such as rearrangement of lots, blocks and building tracts.

(2)

These changes shall be consistent with the purpose and intent of the approved final development plan.

(Ord. 164, passed 9-14-1982)

Any amendment to the PUD shall require the same procedures for the application of a conditional use permit as set forth in §§ 153.415 through 153.418.

(Ord. 164, passed 9-14-1982)