Chimneys, water, fire, radio, and television towers, church spires, domes, cupolas, stage towers and scenery lofts, cooling towers, roof signs, elevator bulkheads, smokestacks, flagpoles, parapet wall, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may be erected above the height limits established in chapter 56.

(Code 1992, app. A, § 101)

Permitted uses for a planned unit development (PUD) district are established in section 66-116. Use, area, bulk, and height requirements, provisions for review of plans, and other requirements shall be determined by the procedures set forth in this section:

(1)

General conditions. Any area may be rezoned as a planned unit development district if the following conditions are met:

a.

More than one principal land use, or separate land uses which would not otherwise be permitted to locate within the same zoning district, are proposed for development on a parcel under single or multiple ownership or management.

b.

The area is not located within an M-1 industrial district.

c.

Exceptions or variations to the site, dimensional changes in standards required, or changes in other requirements of these regulations are being sought.

(2)

Specific requirements. In order to qualify for a planned unit development district zoning classification, a proposed development must first meet each of the following specific requirements:

a.

The site utilized for the proposed development must contain an area of not less than 20 acres.

b.

The site must have a minimum width between any two opposite boundary lines of 250 linear feet and must adjoin or have direct access to at least one arterial or collector street.

c.

The area proposed shall be in one ownership or management or, if in several ownerships, the application for amendment to these regulations shall be filed jointly by all of the owners of the properties included in the plan.

(3)

Procedure for approval of a planned unit development district. The filing of a plan for a planned unit development shall constitute a request for an amendment to these regulations and shall meet the requirements for amendments specified in these regulations. In addition, the following requirements shall apply:

a.

Two copies of a preliminary site plan shall be submitted to the commission.

b.

The commission shall review the proposals prior to submitting a recommendation to the council. The commission may make reasonable additional requirements including, but not limited to, utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residential lots or uses, or to protect the PUD from adjacent uses.

c.

Approval by the council subsequent to a public hearing constitutes creation of the planned unit development district.

d.

Following approval by the council, a final site plan in the form of a final plat shall be submitted in accordance with the provisions of this section prior to issuance of a building permit for construction of any improvements within the PUD.

(4)

Preliminary site plan required. The preliminary site plan which accompanies an application for approval of a PUD shall show the following:

a.

The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the development.

b.

The north point, scale, and date; the scale of the site plan shall be as follows:

1.

For projects containing 50 acres or more, not more than 100 feet to one inch.

2.

For projects containing less than 50 acres, not more than 50 feet to one inch.

c.

Existing zoning and zoning district boundaries and proposed changes in zoning.

d.

The boundaries of the property involved, the location of all existing easements, section lines, and property lines, existing streets, buildings, and other existing physical features in or adjoining the project.

e.

The approximate location and sizes of existing and proposed sanitary and storm sewers, water mains, culverts, and other underground facilities in or near the project.

f.

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, including numbers of parking and loading spaces, and outdoor lighting systems.

g.

The general location of proposed lots, setback lines, and easements, and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

h.

The location and approximate height of all proposed main and accessory buildings and structures drawn approximately to scale.

i.

General location, height, and material of all fences, walls, screens, planting, and landscaping.

j.

Proposed location, intended use, and character of all buildings.

k.

General location, character, size, and height and orientation of proposed signs.

l.

A location map showing the position of the proposed development in relationship to the surrounding area.

m.

A tabulation of the total number of acres in the project, gross and net, and the percentage thereof proposed to be devoted to different dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other public and private reservations.

n.

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.

o.

A general description of the proposal, stating the purpose and goals of the development, and the design features incorporated for meeting these goals.

p.

A detailed legal description of the location of the site.

q.

A discussion of the proposed standards for development including restrictions on the use of the property, density standards, yard requirements, and restrictive convents. The commission may establish additional requirements for the preliminary site plan and, in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

(5)

Final site plan required. A final site plan shall be submitted to the commission for approval prior to submission of an application for a building permit. The plan shall comply with all laws and regulations governing the approval of subdivisions and, in addition, shall show all the features required on the preliminary site plan. A plan of development shall be submitted regardless of whether a subdivision is proposed. At least one of the final site plan maps shall include topographical contour lines at intervals of no less than five feet.

(6)

Review standards. The commission shall review plans for proposed planned unit developments for conformity with the comprehensive plan. Specifically, the proposed plan shall meet the following conditions:

a.

The plan shall provide for appropriate relationships between uses around the boundaries and uses within the PUD and shall indicate in written form those measures which would be taken to ensure that adjacent property will not be adversely affected and that the PUD will be similarly protected.

b.

The plan shall conform to the general purposes of this chapter and other building, zoning, and planning regulations of the city.

c.

Access to all developed property shall be sufficient to provide for an acceptable level of fire protection.

(7)

Miscellaneous provisions.

a.

Delay in construction. In the event that construction is not begun within one year from the date of approval by the council, the district shall revert to the same zoning classification which existed prior to approval of the PUD, and the zoning regulations of said prior district shall thereupon be in full force and effect.

b.

Amendments and additions. Amendments or additions to an approved plan or to the boundaries of a PUD shall be accomplished subject to the same regulations and procedures applicable to a new application.

c.

Deed restrictions. The commission may require filing of deed restrictions to help carry out the intent of this chapter and specifically the intent of the PUD district.

d.

Violations. The violation of any provision of the plan as submitted under the provisions of this chapter shall constitute a violation of these regulations subject to the penalties established in section 66-2.

(8)

Site design requirements.

a.

Location of district. A PUD district may be established in any existing district except an M-1 industrial district.

b.

Site design, general. The proposed development must be designed so as to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhood. The review by the commission shall consider the following design elements:

1.

Privacy. Personal and individual privacy shall be maintained and balanced with the provision of public and common uses.

2.

Variety. Interest and variety shall be sought by means of street design and changes in and mixtures of building types, heights, facades, setbacks, planting, or size of open space. The design should be harmonious as a whole and not simply from street to street.

3.

Traffic and parking. No through or commercial traffic should be permitted; streets should curve so as to discourage fast movement of traffic; group parking areas should be screened as provided in section 66-90, so that the vehicles are substantially hidden from the street.

4.

Lot area and lot width, general. Minimum lot area and lot width requirements may be increased by the county health department when said department determines that an increased area or width is necessary for health reasons.

c.

Site design, detail.

1.

Density of housing types. A maximum of 30 percent of the dwelling units located in a PUD district may be multifamily, two-family, and townhouse dwelling units.

2.

Single-family dwelling. Single-family dwellings shall be developed under the regulations governing such dwellings in the district from which the PUD was rezoned except that the minimum lot area and minimum lot frontage of such dwelling lots may be reduced provided an offsetting amount of land is devoted to open space use. If residential uses are not permitted in the district, the R-2 regulations shall apply. In no case shall the density of single-family dwellings be greater than that normally permitted in the district from which the PUD was rezoned.

3.

Minimum lot area and width. Lot areas for single-family dwellings shall not be less than 5,000 square feet and the lot width shall not be less than 50 feet.

4.

Multifamily dwellings. Multifamily, two-family, and townhouse dwelling units shall be developed under the regulations governing such dwellings in the R-3 district.

5.

Open space. A minimum of 20 percent of the gross area of the site shall be retained in open space, as defined in section 66-216. Land devoted to open space as a result of single-family dwelling lot size reductions may be counted towards meeting the above 20 percent requirement. Areas which are used to meet minimum lot area requirements as set forth in section 66-146 for multifamily, two-family, and townhouse dwelling units shall not be counted towards meeting open space requirements of the PUD.

6.

Building coverage. The total ground area occupied by buildings and structures shall not exceed 30 percent of the total ground area of the planned unit development. Building coverage is defined to include the land area covered by dwelling balconies, porches, and other architectural projections, but not by roof overhangs, open balconies, and uncovered porches.

7.

Building heights. Height of particular buildings shall not be a basis for denial or approval of a plan, provided any structures in excess of 35 feet shall be designed and platted to be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services and facilities.

8.

Density of retail and service uses. No more than five percent of the total floor space in the PUD shall be used for retail or service establishments.

9.

Street standards. All streets located in PUD districts shall be class I streets.

10.

Off-street parking and loading. Off-street parking and loading requirements shall be as required in sections 66-85 and 66-86.

(Code 1992, app. A, § 102)

Yard requirements shall be modified subject to the following conditions:

(1)

On double frontage lots, the required front yard shall be provided provides on each street.

(2)

Whenever a rear property line of a lot abuts upon an alley one-half of the alley width shall be considered as a portion of the required rear yard.

(3)

An unroofed porch may project into a required front yard for a distance not exceeding ten feet.

(4)

The front and side yard requirements may be waived where dwellings occupy space above commercial uses upon approval of the board of zoning appeals.

(Code 1992, app. A, § 103)

Access to public streets shall be maintained in accordance to the following requirements:

(1)

Each principal use shall be located on a lot or parcel which provided provides frontage on a public street having a right-of-way of not less than 30 feet.

(2)

Any additional dwelling shall have access to a public street by means of a passageway open to the sky at least 15 feet in width.

(Code 1992, app. A, § 104)

Where the owner of a lot of record or his successor to the title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this chapter, the following exceptions may be allowed:

(1)

Land use. Where a lot, tract or parcel of land has an area or width that does not conform to the requirements of the district in which it is located, said lot may be used for a single-family dwelling, except in the C-1 neighborhood commercial, and M-1 industrial district. A two-family dwelling may be constructed in a R-2A or R-3 residential district, provided the lot to be so used has a minimum area of 4,000 square feet and a minimum lot width at the building line of 40 feet, provided it is located on a public sewer.

(2)

Replatting. When two or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of application and such lots have a frontage or lot area less than is required by the use district in which they are located, such lots shall be platted and reparceled, so as to create one or more lots which conform to the minimum frontage and area requirements of the use district within one year after the adoption of the ordinance from which this chapter is derived.

(3)

Improvements. Buildings or structures located on substandard lots of record may be improved only when the addition of adequate plumbing is required by the laws and ordinances of the council, provided that the yard requirements in section 66-147 are adhered to.

(4)

Side yard requirements. The side yard requirements for substandard lots of record may be reduced for each side yard at the rate of one foot for each four feet by which the lot width lacks 50 feet, provided in no event shall such side yard be reduced to less than five feet on each side.

(Code 1992, app. A, § 105)

The setback requirements of this chapter for side yards on corner lots and/or front yards shall not apply to any lot where the average setback on developed lots located, wholly or in part, 100 feet on each side of such lot and within the same block and zoning district and fronting on the same streets as such lot, is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback but not less than the average of the existing setbacks on the existing developed lots.

(Code 1992, app. A, § 106)

Upon review and approval by the commission, the side yard setback requirement for single-family dwelling lots may be reduced to allow a zero side yard setback on one side of a lot providing the following conditions are met:

(1)

Any reduction in one side yard requirement shall result in a corresponding increase in the side yard requirement for the opposite side yard. In this manner the overall side yard requirement of the district shall be met.

(2)

Front yard, rear yard and corner side yard requirements of the district shall not be modified.

(3)

Side yard setback requirements shall not be modified for an individual lot unless it is part of a block in which each lot's side yard setback is to be modified. The arrangement of modified side yard requirements shall allow for an open side yard area between each dwelling unit.

(4)

The developer of a subdivision for which modifications to the side yard setback requirements are requested shall furnish to the commission a copy of proposed deed restrictions, conditions, or covenants. Such covenants shall include as a minimum provisions for:

a.

A maintenance easement which will allow for the maintenance of exterior dwelling walls facing a zero setback line.

b.

A requirement that dwelling walls facing a zero setback be windowless.

(Code 1992, app. A, § 107)