The PDO Zone may be used in combination with any residential, commercial, or industrial zone, subject to the requirements of this Chapter.  

1. Provisions Supplementary. The provisions of the PDO Zone shall be supplementary to the provisions of the underlying zone with which it is combined and shall not be applied to any land area as an independent zone. 
   
2. Zone Designation. The PDO Zone designation shall be shown on the Zoning Map in parentheses as a suffix to the zone designation with which it is combined. For example, if the PDO Zone were being combined with the Residential Medium (R-M) Zone, it would be designated on the Zoning Map as R-M(PDO).
   

Uses allowed in a PDO Zone shall be as set forth below. Any use which is a conditional use in the underlying zone shall be subject to the issuance of a conditional use permit as set forth in CZC 12.21.100.

1. Residential Planned Developments. Planned developments to be established on land designated for residential land use in the General Plan shall be considered "residential planned developments." Any use permitted in the underlying zone as shown in the Table of Uses in CZC 12.36 (Table of Uses) and the following additional uses shall be permitted in a residential planned development 
   
   1. Multiple-family dwellings as provided in CZC 12.41.100; and
      
   2. Any commercial use that:
      
      1. Will serve residents of the planned development, 
         
      2. Is designed and located to protect the character of the planned development and surrounding land uses; and
         
      3. Does not occupy more than 40 square feet per dwelling unit in the planned development.
         
2. Commercial Planned Developments. Planned developments to be established on land designated for commercial land use in the General Plan and zoned commercial shall be considered "commercial planned developments." Any use permitted in the underlying zone as shown on the Table of Uses in CZC 12.36 (Table of Uses) shall be permitted in a commercial planned development provided:
   
   1. Such use is specifically authorized as part of a site plan approved pursuant to the provisions of this Chapter; 
      
   2. Such use is designed as an integral element of the planned development, including building and landscape design, which is consistent with design elements of the development and the provisions of this Chapter;
      
   3. Residential uses within a commercial planned development shall only be permitted within a mixed commercial/residential development; 
      
   4. Mixed commercial/residential developments within a commercial planned development shall be predominantly commercial development with a supplemental residential component of such commercial development, except as otherwise allowed in Subsection (6);
      
   5. The maximum overall residential density for residential uses within a commercial planned development shall be subject to the specific stipulations allowed by the underlying zone and/or designation assigned by the General Plan or Zoning Code; provided, in no event shall the residential density exceed 15 units per acre when calculating the entire commercial planned development or 25 units per acre when calculating the residential area only, whichever is less.
      
   6. Notwithstanding the general commercial planned use allowances listed in this Section, the following specific area allowances may be considered in a commercial planned development. 
      
      1. West Centerville Neighborhood Parrish-Legacy Gateway Corridor District. The Parrish-Legacy Gateway Corridor District shall be subject to the maximum allowable residential density as listed in the General Plan and/or as set forth in Subsection (5). When a predominant commercial use development is not being proposed, a contributing commercial use component must still be provided. However, the specific mixed ratio of commercial use to residential use shall be defined with the concept plan submitted for the PDO designation. The proposed commercial uses must achieve a combination of the following for residents living in the West Centerville Neighborhood:
         1. Provide opportunity for food service or local service type retail commercial services;
            
         2. Provide opportunity for personal care and/or instructional type services;
            
         3. Provide opportunity for medical care or health type services;
            
         4. Provide opportunity for adult or child care type services; or
            
         5. Provide other types of commercial uses deemed appropriate for servicing the local residents. 
            
3. Industrial Planned Developments. Planned developments to be established on land designated for industrial land use in the General Plan and zoned industrial shall be considered “industrial planned developments.” Any industrial use shown on the Table of Uses in CZC 12.36 (Table of Uses) shall be permitted in an industrial planned development provided the proposed uses and the project’s design and layout accomplish the following:
   
   1. Uses are specifically authorized as part of a site plan approved pursuant to the provision of the Chapter.
      
   2. Uses and buildings are designed as an integral element of the planned development, including building and landscape design which is consistent with design elements of the development.
      
   3. Proposed lots or parcels are suitable in area and dimensions to the types of land uses anticipated.
      
   4. Street design, rights-of-way and pavements are adequate to accommodate the type and volume of traffic anticipated.
      
   5. The project’s design adequately provides the expected type and volume of needed utility services. 
      
4. Accessory Uses. Accessory uses within a planned development shall be governed by the underlying zone unless specific exceptions are made thereto as part of the Planned Development Overlay rezone approval.

Variations from applicable land use development standards and requirements set forth in the General Plan, Zoning Code, Subdivision Ordinance, or Municipal Code may be approved by the City Council as part of a legislative land use decision to rezone property to the Planned Development Overlay Zone or in an associated development agreement as provided in Section 12.41.074. Variations from development standards may include, but are not limited to, building heights, parking requirements, setbacks, landscaping, density, and permitted or conditional uses. Any variations approved as part of a rezone to the Planned Development Overlay Zone must be specifically described in the rezone ordinance or associated development agreement with reference to subject matter and code reference and shall not be assumed by omission or conflict with associated development plans or drawings. If a variation is not specifically described as required herein, it shall not be considered an approved or authorized variation from City standards and requirements. The City Council is not authorized to approve as part of a Planned Development Overlay any variations from applicable State law, Construction Codes, or other public health and safety regulations. Variations from applicable land use development standards considered as part of a legislative land use decision to rezone property to the Planned Development Overlay Zone or in an associated development agreement shall be within the City’s sole discretion. The decision to amend or enter into a development agreement is also within the City’s sole discretion.

The City is authorized by State law to enter into a development agreement with the developer or property owner of a development project containing any term the City considers necessary or appropriate to accomplish the purpose of this Zoning Code and the Utah Land Use Development and Management Act, as more particularly provided in Utah Code § 10-9a-532. In accordance with this authority, the City may require the developer or property owner of a planned development project to enter into a development agreement with the City as a condition of the legislative approval of a Planned Development Overlay Zone. Any development agreement entered into in association with a planned development under the Planned Development Overlay Zone that allows a use or development of land that applicable land use regulations would otherwise prohibit must be approved in accordance with the same procedures for enacting a land use regulation under Utah Code § 10-9a-502, including review and recommendation from the Planning Commission and a public hearing. Any development agreement for a Planned Development Overlay Zone may not limit the City’s authority in the future to enact a land use regulation or to take any action allowed under Utah Code § 10-8-84 regarding public health and safety. Any development agreement for a Planned Development Overlay Zone shall contain a provision limiting the City’s liability to specific performance. This Section shall apply to any new development agreement entered into by the City in association with a planned development in a Planned Development Overlay Zone and to any amendment of any existing development agreement previously entered into by the City in association with a planned development in a Planned Development Overlay Zone.

1. Approval Procedure. Land shall be placed in a PDO Zone pursuant to a Zoning Map amendment as set forth in CZC 12.21.080 of this Title. The following shall be submitted in conjunction with an application for a Zoning Map amendment:
   
   1. An Existing Conditions Inventory as required by CZC 12.50; and
      
   2. A conceptual site plan as provided in CZC 12.21.110.
      
2. Approval Criteria. Submittal of an application for a PDO Zone does not guarantee that the zone or a conceptual site plan will be approved. A Zoning Map amendment and conceptual site plan may be approved only if the City Council, after receiving a recommendation from the Planning Commission, finds:
   
   1. The proposed PDO Zone and associated conceptual site plan:
      
      1. Does not conflict with any applicable policy of the General Plan;
         
      2. Meets the purpose and intent of this Chapter as set forth in CZC 12.41.010;
         
      3. Allows integrated planning and design of the property and, on the whole, better development than would be possible under conventional zoning regulations;
         
      4. Meets the use and development limitations and other requirements of the zone with which the PDO Zone is combined, except as otherwise allowed by this Chapter;
         
      5. Meets the density limitations of the General Plan; and
         
      6. If a residential density bonus is authorized, provides superior site design and increased amenities, as provided in CZC 12.41.080(c), which ameliorate the potential impact of increased density; and
         
   2. The applicant has:
      
      1. Sufficient control over the property to be developed to ensure development will occur as approved;
         
      2. The financial capability to carry out the planned development project; and
         
      3. The capability to start construction within one year of final plan approval.
         
3. Imposition of Conditions. In order to make findings necessary to approve a PDO Zone, conditions of approval may be imposed on a conceptual site plan to assure the planned development will:
   
   1. Accomplish the purpose of this Chapter;
      
   2. Be developed as one integrated land use rather than as an aggregation of individual and unrelated buildings and uses; and
      
   3. Meet the requirements of the zone in which the proposed development is located except as such requirements are modified by this Chapter and as shown on an approved conceptual site plan for the planned development.
      
4. Site Plan Approval. Within 12 months after approval of a PDO Zone and a corresponding conceptual site plan, and before the issuance of any building permit, an applicant shall obtain approval of final site plan pursuant to CZC 12.21.110. 
   
   1. A planned development may be constructed in phases as shown on an approved conceptual site plan. In such case, a final site plan shall be submitted for each phase in accordance with the provisions of this Section.  A complete application for each phase shall be submitted within one year from the previous phase approval.
      
   2. Upon request and for good cause, the Planning Commission may extend for 12 months for one time only the period for filing a final site plan. If this time requirement is not met, the conceptual site plan approval shall be deemed revoked. If no final site plan has been submitted or developed, the property may be rezoned to remove the PDO Zone.  A request for extension must be submitted before expiration of the time to file a final site plan.
      
5. Subdivision Requirements. An application for subdivision approval may proceed concurrently with an application for a planned development. Compliance with the requirements of this Chapter does not exempt any applicant from meeting the requirements of CMC 15 (Subdivisions) except as may be modified pursuant to the provisions of this Chapter.
   
6. Construction Limitations. Upon approval of a final site plan for a planned development, construction shall proceed in accordance with approved plans and specifications, and in conformity with any conditions associated with preliminary plan or site plan approval. No permit shall be issued for any proposed building, structure or use within a planned development unless such building, structure or use accords with the approved preliminary plan and final site plan and with any conditions imposed in conjunction with such approvals.
   
7. Amendments. Amendments to approved plans and specifications shall be obtained by following the procedure required for preliminary plan approval.

1. Base Density. Base density for a residential planned development shall be determined as set forth in Subsection (b). Provided, however, that base density shall not exceed the density permitted in the underlying zone in which the planned development will be situated.
   
2. Base Density Calculation. Base density shall be determined by calculating the number of dwelling units that could be developed on lots in a conventional subdivision under the provisions of the underlying zone where the planned development will be located (referred to as the "yield plan").
   
   1. The yield plan shall be prepared as a conceptual plan based on Centerville Municipal Code requirements that pertain to a conventional subdivision and shall reflect the dimensional (lot area, frontage, width, setbacks, etc.) and other standards of the underlying zone in which the proposed planned development will be located.
      
   2. The yield plan shall consider information shown on an Existing Conditions Inventory prepared for the subject property and shall demonstrate that any sensitive lands identified thereon can be successfully included within open space areas or as part of lots without disturbing the health or safety of City residents. At least one-half of the minimum area required for each lot shall be exclusive of wetlands, floodplains, and slopes exceeding 20%.
      
   3. The yield plan shall be drawn to scale, but need not be based on a field survey. Each yield plan shall, however, exhibit a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements and other encumbrances on the property identified by the natural resource inventory and the requirements of this Title, CMC 15 (Subdivisions), and any other regulatory requirements applicable to the property.
      
   4. The Zoning Administrator shall review the yield and shall determine whether the plan accurately reflects the requirements of this Subsection. If not, the Zoning Administrator may amend the yield plan as needed to achieve conformance with the provisions of this Subsection.
      
3. Density Bonus. The City Council, after receiving a recommendation from the Planning Commission, may authorize a density bonus of up to 20% above the base density for a residential planned development. The purpose of a density bonus is to provide an incentive to an applicant to provide amenities that are not required by this Chapter or the applicable underlying zone, and which otherwise would not be provided. Provided, however, that base density plus any density bonus shall not exceed the applicable density limitation of the General Plan.
   
   1. The basis for granting a density bonus shall be included in the findings required to approve a planned development set forth in CZC 12.41.080(b).
      
   2. A density bonus may be authorized based upon any one or more of the following factors. The maximum density bonus granted for any one factor shall not exceed the percentage indicated.
      
      1. Enhanced overall design theme (up to 5%);
         
         1. Landscaping is designed and installed along all streets of the development according to a theme which provides overall design unity;
            
         2. Theme lighting is used throughout the development for street lighting, walkway lighting, parking areas, entrances, and building exteriors;
            
         3. Perimeter fencing is used throughout the project that matches building design, such as, masonry columns or piers using the same brick or stone as the buildings; and
            
         4. Special features such as fountains, streams, ponds, sculptures, buildings or other elements which establish a strong design theme for the development and are utilized in highly visible locations.
            
      2. Improved building design (up to 5%);
         
         1. 75% of the exterior of each dwelling, exclusive of windows or doors, consists of brick or stone;
            
         2. Roofs of main buildings are clad with wood shake, tile, or slate shingles; and
            
         3. Required parking is provided within a garage.
            
      3. Improved energy efficiency (up to 5%);
         
         1. Dwellings and main buildings have insulation greater than R-19 in walls and R-38 in ceilings; and
            
         2. Dwellings and main buildings are designed with an active or passive solar feature, including, but not limited to, solar water heaters, trombe walls, and earth insulation of building walls.
            
      4. Parking upgrades (up to 5%);
         
         1. Parking lots are screened from public view by means of increased berming or landscaping around the parking lot perimeter;
            
         2. Parking lots have landscaped islands beyond the minimum required by this Title;
            
         3. Additional and/or larger trees that will shade 50% of the parking area upon tree maturation; and
            
         4. Provision of screened recreational vehicle parking areas.
            
      5. Provision of usable open space (up to 5%);
         
         1. Open space is integrated into the entire development and is connected to developed areas by a system of trails and walkways; and
            
         2. Storm water detention facilities are designed, landscaped, and used for multiple purposes that are consistent with the overall design of the planned development and which reduce the perception of the area as a stormwater detention pond.
            
      6. Provision of recreational facilities (up to 5%);
         
         1. The planned development includes recreational amenities primarily for the use by residents of the development, including swimming pools, sports courts, spas, barbeque and picnic facilities; 
            
         2. Development of one or more common buildings used for meetings, indoor recreation, day care, or other common uses; and
            
         3. Dedication and improvement of land for a publicly accessible park or trail system, subject to acceptance by the City.
            
      7. Increased landscaping (up to 5%);
         
         1. Planting more than the minimum number of trees, shrubs, and other landscaping required by this Title; and
            
         2. Use of landscaping to soften the appearance of wood or masonry fences and walls.

The development standards set forth in this Section shall apply to any planned development and shall prevail over any contrary base zone standards established in this Title.

1. Access. Access to a planned development should be from interior streets rather than directly from adjoining perimeter streets.
   
2. Building Height. Building height shall be governed by the requirements of the underlying zone.
   
3. Common Areas. 
   
   1. Areas intended for public use shall be freely accessible from streets and/or other common areas that have unrestricted entry. Areas intended for restricted use shall be interspersed within the planned development so as to convey a sense of openness. 
      
      1. Residential development may not totally exclude open space from fronting on streets at appropriate intervals.
         
      2. Residential planned developments shall have the open space required by CZC 12.51.070(g). At least one-half of the required open space shall be common area and up to one-half of the required open space may be in limited common area. 
         
   2. Common areas shall include all jointly used recreation areas and related landscaping provided for the use and/or visual enjoyment of the residents of the project. Common recreation areas shall be located and improved so they may be readily accessed and used by residents of the dwelling units they are intended to serve. Where necessary, walls or landscaping may be required to protect the privacy of adjoining residents.
      
   3. Common areas may include: 
      
      1. Natural areas of undisturbed vegetation of areas replanted with vegetation after development. 
         
         1. Use and maintenance shall be limited to removal of litter and accumulated plant material.
            
         2. Natural waterways shall be maintained as free flowing and devoid of debris.
            
         3. Stream channels shall conform to City stormwater management requirements and be maintained so as not to alter flood plain levels.
            
      2. Agricultural uses where conditions are suitable for agricultural production. Minimum areas for agricultural use designation shall be five acres.
         
      3. Garden plots for use by residents.
         
      4. Greenways, including pedestrian ways, bike paths and equestrian trails linking residential areas with other open space uses.
         
      5. Recreation areas designed for specific recreational activities such as children's play areas, playing fields, tennis courts, and similar facilities.
         
      6. Stormwater control and management areas used in conjunction with other allowed uses as described in this Section.
         
4. Distance Between Buildings. No requirement, except as provided in the Construction Codes.
   
5. Lot Area and Width. A planned development shall not be subject to the lot width and lot area requirements of the underlying zone in which the development is located. The area and widths of lots shall be shown on an approved subdivision plan.
   
6. Required Improvements.
   
   1. All streets shall be dedicated public streets constructed as required by City Standards and Specifications.
      
   2. Sidewalks shall be installed along both sides of all streets except where alternate pedestrian ways are provided as part of an approved conceptual site plan.
      
   3. Stormwater shall be controlled and managed according to a plan approved by the City.
      
   4. Water and sewer systems shall be provided in accordance with standards of CMC 15 (Subdivisions).
      
   5. Irrigation water, street signs, street lighting, fencing, and any other required improvements shall be provided in accordance with City Standards and Specifications.
      
   6. Other utilities and improvements shall be provided and installed in accordance with City Standards and Specifications and other applicable specifications.
      
7. Required Yards. The yard and setback requirements of the underlying zone shall not apply, but shall be as shown on an approved site plan.
   
8. Residential Use Types. Residential use types within a planned development shall be shown on an approved site plan and may include one or more of the following:
   
   1. Single-family detached dwelling located on a privately owned lot which is not attached to another dwelling unit and has a private yard on all four sides of the dwelling.
      
   2. Single-family dwelling located on or within less than five feet of a lot line and which is shown as such on an approved site plan. Windows, doors, and other similar openings shall be prohibited in the dwelling wall located on or adjacent to a lot line. When a single-family dwelling is placed on a lot line, an easement shall be provided which allows the dwelling owner to enter the adjoining property in order to maintain the dwelling.
      
   3. Townhouse dwelling units where each unit has its own front and rear exterior access, no unit is located above or below another unit, and each unit is separated from any other dwelling unit by one or more common walls.
      
   4. Residential Planned Developments with garden apartments and multiple-family dwellings; provided, no more than 12 units are located in a single building.
      
   5. Mixed commercial/residential planned developments with garden apartments and multiple-family dwellings; provided,  the applicable gross or net densities are maintained as set forth in the General Plan and/or Zoning Code with a maximum height for any building limited to four stories and 45 feet.
      
9. Tract Perimeter Setback and Buffer Requirements. Structures within any PDO shall be situated so as to maintain a minimum setback from any perimeter property line equivalent to the rear yard or side yard setback(s) of the underlying zone of the PDO depending upon the orientation of such structures (e.g. rear yard adjacent to rear yard, or side yard adjacent to side yard). If such orientation cannot be determined due to the absence of adjacent development, then the minimum rear yard setback for the underlying zone shall be used. Except for single-family dwelling structures, a 30 foot landscape buffer shall be provided for every lot or parcel within the PDO that adjoins land used or zoned for a single-family dwelling. Such buffer shall meet the landscaping standards set forth in CZC 12.51 (Landscaping and Screening).
   
10. Walls and Fences. Walls and fences may be required around the perimeter of a planned development where the development abuts an adjacent zone.

1. Maintenance Of Common Areas. If common areas are provided within a planned development, adequate guarantees shall be provided to protect such common areas from future development. No certificate of occupancy shall be issued for any structure in a planned development until all required guarantees have been submitted to and approved by the City. The developer of a planned development may elect any of the following to preserve common areas.
   
   1. A fee simple donation of any portion of common area land may be made to the City so long as the City agrees to accept such donation. Upon receipt of such donation the City may impose a conservation easement on such land.
      
   2. Common areas and facilities may be controlled by a condominium association as provided in the Utah Condominium Ownership Act, as set forth in Utah Code §§ 57-8-1, et seq. All common area land and facilities shall be held as a "common element."
      
   3. Common area land and facilities may be owned by a homeowners' association, subject to applicable provisions of State law. The developer shall provide the City with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities. The proposed association shall be established by the owner or applicant and shall be operating (with a financial subsidy from the developer if necessary) before the sale of any dwelling units in the planned development. The association documents shall include the following provisions:
      
      1. Membership in the Association shall be mandatory for each owner and its grantees, successors and assigns.
         
      2. Restrictions concerning common open space and/or facilities shall run with the land and not for a period of years.
         
      3. The Association shall be responsible for the maintenance of all common open space and/or facilities, liability insurance on all common open spaces and/or facilities and paying general property taxes on all common open spaces and/or facilities.
         
      4. In the event the Association does not maintain private common open space areas and facilities as shown on an approved site plan, the City may perform any required maintenance and may thereafter recover all costs incident to performing the required maintenance from the Association and/or each of its members.
         
      5. Members of the Association shall pay their pro rata share of costs of upkeep, maintenance, and operation of common open space and/or facilities and/or improvements not dedicated to the City. The association bylaws shall confer legal authority on the association to place a lien on the real property of any member whose dues become delinquent. The bylaws shall also provide that such delinquent dues and all accrued interest shall be paid before the lien may be removed.
         
      6. Written notice to all association members and to the City shall be provided no less than 60 days prior to any proposed transfer of any common area land or facility, or the assumption of maintenance for common area land or facility. No such transfer shall be effective unless approved by the City, which approval shall not be unreasonably withheld so long as it is consistent with the provisions of this Chapter and applicable law.
         
   4. Fee simple title of common area land or conservation easements may be transferred to a private non-profit conservation organization or to Davis County.  
      
   5. The City may, but shall not be required to, accept easements for public use of any portion of common area land or facilities. Such land shall be subject to a satisfactory maintenance agreement between the developer and the City.
      
2. Protective Covenants. A declaration of building use restrictions (protective covenants) shall be required for each planned development and phase thereof. The declaration in original form bearing appropriate signatures and certifications shall be submitted to the City for approval, which approval shall not be unreasonably withheld. Such protective covenants shall include provisions that:
   
   1. An architectural control committee shall approve plans for all buildings proposed for erection, placement, or alteration within the planned development. The City may require that building permit applications show evidence that the architectural control committee has approved each building plan.
      
   2. No person, firm or entity shall change, modify or amend any of the conditions of a recorded declaration of building use restrictions for a planned development without first obtaining City approval. No change shall be approved which would be contrary to the requirements of this Chapter or an approved planned development plan.

1. Intent. The PDO Zone designation is intended to be utilized for the development of the subject property in accordance with the terms and conditions of the PDO Zone and the approved development plan for the property.
   
2. Preliminary Subdivision Plat. Rezoning of any property to a PDO Zone shall be subject to and conditioned upon submission of a complete application for site plan and preliminary subdivision plat for the project within one year from the effective date of rezoning.
   
3. Final Subdivision Plat. Rezoning of any property to a PDO Zone is further subject to submission, approval, and recording of a final subdivision plat within one year from the effective date of approval of the preliminary subdivision plat(s) and/or site plan approval, as applicable.
   
4. Substantial Construction. Substantial construction shall be commenced within one year from the date of final plat recording.