A.

P-M zoning districts are intended to:

1.

Encourage the development of large tracts of land as planned neighborhoods or communities.

2.

Encourage flexible and creative concepts in site planning.

3.

Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas.

4.

Create a more desirable environment than would be possible through the strict application of minimum requirements of other sections of this ordinance.

5.

Provide for efficient use of land resulting in smaller networks of utilities and streets as well as lower development and housing costs.

6.

Provide an environment of stable character which is compatible with surrounding residential areas.

B.

Within the planned area, a variety of land uses may be permitted in an orderly relation to one another and to existing land uses. This may be accomplished through the application of sound comprehensive planning principles.

The factors contained in section 17.1 of this ordinance, as well as data submitted with the development plan of the applicant for a planned development, must be thoroughly considered by the planning commission as well as the mayor and city council when determining in which zoning district an area of land is to be placed. This will ensure that rational comprehensive planning principles encourage the development and preservation of land use patterns that provide healthful and safe living conditions for the residents of the city.

As shown in the approved development plan.

A.

Pre-application conference. Prior to filing a formal application for a P-M, the applicant is encouraged to confer with the zoning administrator and the planning commission in order to review the general character of the plan (on the basis of tentative land use sketch if available), and to obtain information on development standards and ordinances affecting the proposed project.

B.

Submission of application for P-M approval.

1.

The applicant must file a petition with the zoning administrator for approval of the proposed P-M. This application must be supported by a development plan and a written summary of intent. The relationship between the proposed development and the surrounding area, both existing and proposed, must be shown. The following information must be presented with the application:

a.

A general location map.

b.

Existing topographic conditions, including contour intervals of no more than five feet based on field surveys or photogrammetric methods.

c.

The existing and proposed land uses and the approximate location of all buildings and structures.

d.

The approximate location of existing and proposed streets.

e.

The approximate location of all existing and proposed utilities, including a preliminary utility and drainage plan.

f.

The present zoning pattern in the area.

g.

A legal description of the subject property.

h.

The location and use of existing and proposed public, semi-public, and community facilities such as schools, parks, and open areas on the site. This includes areas proposed to be dedicated or reserved for community or public use.

i.

Perspective drawings of representative building types; however, this is not required for single-family detached dwellings.

2.

Additional information may be required in order to properly evaluate the proposal as follows:

a.

An off-street parking and loading plan.

b.

An economic feasibility report or market analysis.

c.

A traffic study of the area, and a circulation plan within the proposed development as well as to and from existing streets adjacent to the site.

3.

The written summary of intent submitted with the development plan must include the following information:

a.

A statement of the present ownership of all land within the proposed development.

b.

An explanation of the character of the proposed development; this includes a summary of acres, number and types of dwelling units, and gross density by type of land use.

c.

A general statement of the proposed development schedule.

d.

Agreements, provisions, and covenants which govern the use, maintenance and protection of the development and any common or open areas.

C.

Review and approval of P-M application.

1.

An application for approval of a P-M is treated administratively as an application for an amendment to this ordinance (rezoning). This is because P-M districts are created only upon request of a developer, whose application materials demonstrate a firm commitment to construction of a well-designed P-M. Upon approval of the P-M, existing zoning must be changed to a P-M zone, which is an amendment to the ordinance. The amendment procedures contained in article VII must be followed in granting the amendment to permit the P-M.

2.

The zoning administrative officer will turn over the application materials to the planning commission for its recommendation. The planning commission will thoroughly study the materials and make written recommendations to the mayor and city council stating the reasons for its recommendations (according to procedures contained in article VII).

3.

The power to approve an amendment creating a P-M district rests with the mayor and city council. After conducting the public hearing and considering recommendations from the planning commission (section 7.6(d)), the mayor and city council will then make an official decision on the proposed P-M. The mayor and city council may approve, disapprove, or conditionally approve the development plan.

4.

If the development plan is approved as submitted, the official map will be changed to indicate P-M district. If the plan is approved with modifications, the applicant must file with the zoning administrator the following:

a.

Written notice of consent to the modifications.

b.

A properly revised site plan.

5.

The official map will then be changed. The site plan and supporting information of any approved plan will be properly identified and permanently filed with the planning commission.

6.

No building permits will be issued by the building inspector until the development plan has been approved by the mayor and city council.

D.

Issuance of building permits. The building inspector will issue building permits for building and structure in the area covered by the approved development plan if proposed buildings and structures are in conformity with the approved development plan, the development schedule, and all other applicable regulations.

E.

Revision of development plan after approval of plan.

1.

Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the zoning administrator; such changes must be consistent with the purpose and intent of the development plan. A request for a revision of the development plan must be supported by a written statement indicating the nature of the revision and the reasons it is considered necessary or desirable to revise the development.

2.

Any major or substantial change in the approved development plan which affects the intent and character of the development, the density of land use patterns, the location or dimensions of streets, or singular substantial changes must be reviewed and approved by the mayor and city council after receipt of recommendations from the planning commission. A request for a revision of the development plan must be supported by a written statement indicating the nature of the revision and the reasons it is considered necessary or desirable to revise the development.

3.

For the purposes of this section whether a change is minor or major shall be at the sole discretion of the zoning administrator.

F.

Approval of P-M revoked if construction not begun. Construction of the planned development must begin within one year of the approval of the P-M. If no construction has begun by then, or if the applicant fails to maintain the approved development schedule, approval of the development plan will lapse. At the discretion [of] and for good cause, the mayor and city council may extend the period for beginning construction of any phase of the project for one additional year. If approval of the development plan lapses under this provision, the subject P-M district will be removed from the official map and the zoning districts and regulations which were in effect prior to the approval of the development plan will be reinstated.

In addition to the development standards contained in article IV of this ordinance, the following standards are required within P-M districts:

A.

Development plan. Approved development plan must be carried out.

B.

[Density requirements.] Density requirements or dwelling units (du) per acre shall be determined by the planning commission and recommended to the city council for approval. The intent of density requirements for mixed use development is to allow higher densities along heavy traffic areas and roadways adjacent to more intense uses such as commercial or industrial development. The lesser density development requirements would be more compatible adjacent to single-family or other residential development.

Dwelling units per acre allowed:

Five dwelling units per acre (lesser density).

7.5 dwelling units per acre (higher density).

C.

Deviation from required densities.

1.

The mayor and city council may allow higher net or gross residential densities, as well as a higher density of a particular residential use, as long as the applicant can show that such a higher density will not be detrimental to the surrounding neighborhood.

2.

The mayor and city council will consider a deviation from the specified maximum density only upon a favorable recommendation from the planning commission.

D.

Dimensional and bulk regulations. The location of all proposed buildings and structures must be shown on the approved development plan; minimum lot sizes, setback lines, lot coverages, and floor areas shown on the development plan must be adhered to. The proposed location and arrangement of structures must not be detrimental to existing or proposed adjacent dwellings or to the development of neighborhood.

E.

Perimeter requirements. The mayor and city council, upon recommendation of the planning commission, may impose the following requirements to protect the privacy of existing adjoining uses:

1.

Structures or buildings located at the perimeter of the P-M must be set back a distance of 30 to 50 feet from the boundary of the P-M.

2.

Mixed use development shall have a minimum 30 percent of gross acreage set aside as open space and shall provide recreational areas within said open space.

F.

Control of area after completion. After completion of a planned development, the use of land and the construction, modification, or alteration of any buildings or structures within the P-M must conform to the approved development plan. If community needs are found to be changing in the future and a revision of the approved development plan is thought to be needed, procedures outlined in the revision of the development plan after approval of plan must be followed. See section 17.4(E).

G.

Sight distance. In order to assure maintenance of adequate sight distances at intersections, no fence, wall, shrubbery, or other obstruction to vision between the heights of three feet and 15 feet above the ground is permitted within 20 feet of the intersection of the right-of-way of streets or of streets and railroads.

H.

Applicability to land, buildings, and open space. No building, structure, land, or open space may be used or occupied, and no building or structure or part of a building or structure may be erected, constructed, reconstructed, moved, or structurally altered, unless in conformity with all of the regulations specified for the district in which it is located.

I.

Every use must be on a lot. No building or structure may be erected or use established unless upon a lot as defined by this ordinance.

J.

Open space not to be encroached upon. No open space may be encroached upon or reduced in any manner except in conformity with the yard, setback, off-street parking spaces, and other such required development standards contained in the ordinance. Shrubbery, driveways, retaining walls, fences, curbs, and buffers (see definition in article II [of this ordinance]) are not considered to be encroachments of yards. Open space areas as required by this ordinance must be permanently maintained as open space in accordance with the requirements of this ordinance.

K.

Reduction of yards or lot area. Except as otherwise provided in this ordinance, a lot existing at the time of passage of this ordinance may not be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless that reduction or division is necessary to provide land which is needed and accepted for public use.

L.

Lots with multiple frontage. In case of a corner lot or double frontage lot, front yard setback requirements apply to all lot lines abutting a street.

M.

Landlocked lots. Landlocked lots are not eligible for placement within a P-M zoning district.

N.

Yards and other spaces. No part of a yard, other open space, off-street parking, or loading space required for one building may be included as a part of the yard, off-street parking, or loading space required for another building, except as specifically provided for in this ordinance.

O.

Substandard lots. Substandard lots are not eligible for placement within a P-M zoning district.

P.

Encroachment on public rights-of-way. No building, structure, service area, required off-street parking, or loading/unloading facility is permitted to encroach on public rights-of-way.

Q.

Physical design standards. Minimum design standards loading areas, and other such physical site improvements in applicable development regulations of this ordinance. Consult the zoning administrator for specific requirements.

R.

Off-street parking and service requirements. Minimum standards for off-street parking and service requirements are contained in this ordinance. Consult the zoning administrator for specific requirements.

S.

Other applicable development regulations. Information concerning any other applicable development regulations may be obtained from the zoning administrator.

T.

Signs. Minimum design and location standards for signs as required by the planning commission.

U.

Development standards shown in approved development plan. Other development standards shown in an approved development plan apply only to the development shown on the specific development plan. Such development standards must be maintained.

V.

Design standards for all P-M developments.

1.

Generally. Condition of soil, ground water level, drainage, and ground slope must not create hazards to the property, or to the health or safety of residents. The site must not be exposed to objectionable smoke, noise, odors, or other adverse conditions; and no part subject to flooding or erosion can be used for any purpose that would expose people or property to danger.

2.

Soil and ground cover. Exposed ground surfaces throughout the development must be protected with a vegetative growth that prevents soil erosion, standing puddles, and dust. If this is not possible, such areas may be covered with a solid material, such as stone, or may be paved.

3.

Site drainage. The ground surfaces throughout the development must be equipped to drain all surface water in a safe, efficient manner, either through grading or installation of drains.

4.

Required buffer. A buffer (see section 4.10) is required along all lot lines of the development. This is in addition to common open space.