Clayton City Zoning Code
ARTICLE X
Planned Unit Development District
Section 405.1360 Purpose Statement.
[Ord. No. 7020, 6-23-2026[1]]
A.
The purpose of the planned unit development process is to foster appropriate use of existing buildings and enable compatible redevelopment which provides public benefits as identified in Section 405.1380 and achieves the following objectives:
1.
Creation of a planned mixture of land uses while maintaining a more desirable environment through the combination and coordination of architectural styles, building forms, common facilities and buffers between uses;
2.
Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetics and public amenities;
3.
More open space or natural resource protection than likely under as-of-right zoning;
4.
Land use designs that incorporate natural terrain features, to preserve natural open spaces and desirable site characteristics such as restoration and maintenance of natural systems, native vegetation and geologic features;
5.
Preservation of buildings which are architecturally or historically significant or contribute to the character of the City;
6.
A greater mix of housing types and mix of residential and commercial land uses designed in a complementary manner to maintain community character;
7.
Creating or contributing to neighborhoods that are more pedestrian and public transit-oriented;
8.
Elimination of deteriorated structures or incompatible uses through redevelopment or rehabilitation; and
9.
Implement the recommendations of the comprehensive plan.
[1]
Editor's Note: Former Article X, Planned Unit Development District, containing Sections 405.1360 through 405.1490, was repealed by Ord. No. 7020, 6-23-2026. Prior history includes: Ord. No. 6611; and Ord. No. 6753.
Section 405.1370 General Requirements.
[Ord. No. 7020, 6-23-2026]
A.
A PUD is intended to provide a means for the redevelopment of an area in a unified land development that will improve the quality of the subject property and have a beneficial effect on adjacent properties.
B.
Types Of PUD Districts. There are two (2) types of PUD zoning districts:
1.
Residential. Rezoning to a residential planned unit development district is allowed only in areas where the existing zoning designation is residential and when:
a.
One hundred percent (100%) of the gross square footage of the proposed buildings is to be used for residential purposes and/or open space regardless of the type of building in which such residence is located, i.e., conventional single-family residences, townhouses, duplexes, multi-family structures or apartments; and
b.
The project is developed on a lot at least thirty thousand (30,000) square feet in size.
c.
A residential PUD may be constructed on a lot measuring less than thirty thousand (30,000) square feet when such lot has an existing zoning of "M-3" High-Density Mixed-Use and when the proposed PUD measures at least fifty thousand (50,000) gross square feet and meets the single-use residential structure standards per Section 405.2870(E)(1)(i).
2.
Mixed Use. Rezoning to a mixed-use planned unit development district is allowed only in areas where the existing zoning designation is non-residential or where the future land use designation is non-residential or mixed-use and when:
a.
The proposed building(s) totals fifty thousand (50,000) gross square feet or more; and
b.
The project incorporates two (2) or more distinct land uses; and
c.
A mixed-use PUD must contain a reasonable ratio of areas devoted to distinct land use categories as determined by the City Council in the exercise of its legislative discretion. In determining the reasonableness of the areas devoted to district uses, the City Council may take into account the general character of the area within which the project site is located; the overall size of the project; the configuration of the proposed building(s) and the site layout; the need for non-residential services or a category of use in the area; and other factors which the Council finds relevant to such an analysis in a given case; and
d.
The first floor of any mixed-use building shall include commercial land uses with public entrances to these uses from an adjoining street; non-residential uses are also allowed on other floors of a mixed-use building.
C.
Minimum Project Standards. All PUD projects shall be designed to meet the following standards. Unless otherwise noted below, the minimum project standards shall not be eligible for modification through the PUD process.
1.
Proposed developments shall meet the standards for LEED Silver certification or an equivalent standard as determined by the City Council. The project does not have to achieve actual LEED certification; however, the developer must submit the LEED checklist and documentation to the City as part of the application process, approved by a LEED Accredited Professional (LEED-AP), that shows that the project will comply with LEED Silver requirements.
a.
Projects shall be designed to meet the latest adopted version of LEED as of the date of the application to the City.
2.
Proposed developments shall be constructed with high-quality materials that add significant value to the property.
3.
When designed for a Consumer Emphasis Area (CEA) use, the space shall meet the standards for retail ready including the following:
a.
Minimum interior ceiling height for the CEA tenant space shall be fourteen (14) feet. This may be reduced to twelve (12) feet when measured from finished floor to a drop ceiling or similar feature used to create a corridor for mechanical, plumbing, or electrical infrastructure along the ceiling.
b.
Service locations, connections, and corridors shall be identified for mechanical, plumbing, and electric for CEA uses. For food service uses, exhaust and grease trap connections shall also be identified.
4.
Uses Allowed. All permitted uses in the existing base zoning district(s) shall be allowed unless otherwise specified in the PUD ordinance. Allowable uses shall be identified in the PUD document through a cross reference to applicable existing base zoning district(s).
a.
Conditional Residential Uses. Dwelling units that require a conditional use permit in the existing base zoning district shall not be required to submit a separate conditional use permit, and approval shall be considered as a part of the findings and review of the PUD.
b.
Conditional Non-Residential Uses. Non-residential uses that require a conditional use permit in the existing base zoning district shall not become permitted uses but shall remain conditional and allowed to commence and continue only with a valid conditional use permit.
D.
Ownership. The tract of land to be developed as a PUD must be and remain under single ownership or control. The property included in the PUD shall be planned and developed as a single unit/phase.
1.
Exception. Owner-occupied residential PUDs may be transitioned to multiple owners upon completion; however, the project shall still be constructed as a single unit/phase.
E.
Plat Required. The planned unit development project shall consist of and shall be conterminous with a single lot described in a recorded subdivision plat.
Section 405.1380 Code Modifications And Public Benefits Framework.
[Ord. No. 7020, 6-23-2026]
A.
PUD Framework.
1.
A PUD must provide benefits to the surrounding neighborhoods and to the City above and beyond what can be reasonably achieved by application of the zoning provisions applicable to the underlying zoning district.
2.
The City Council may approve alternatives to the zoning regulations, subdivision regulations or design standards applicable to the property proposed to be rezoned to a PUD, in exchange for developer provided public benefits, as authorized in this Section.
B.
PUD Tiers.
1.
A project is categorized as Tier 1, Tier 2 or Tier 3 based on the modification qualifier, as outlined in Table 1: PUD Tiers, below. A project including multiple modifications shall be classified based on the highest tier with a qualified modification. For example, a project including one (1) Tier 1 modification and one (1) Tier 3 modification shall be categorized as Tier 3.
2.
The public benefit requirements are determined by the project tier.
Table 1: PUD Tiers | |||
|---|---|---|---|
Tier 1 | Tier 2 | Tier 3 | |
Modification Qualifier | • A project modifying a maximum of two (2) standards that do not impact density or uses | • A project modifying a standard impacting density (up to 90% change); or • A project modifying a use requirement; or • A project modifying three (3) standards | • A project modifying a standard impacting density (90% change or greater); or • A project modifying four (4) or more standards |
Public Benefit Requirements | • 2 public benefits with at least 1 being a priority benefit | • 3 public benefits with at least 1 being a priority benefit; and • At least 2 required benefits must be a Tier 2 or higher | • 5 public benefits with at least 2 being priority benefits; and • At least 1 required benefit must be a Tier 2 or higher; and • At least 2 required benefit must be a Tier 3 |
C.
Code Modifications. The City Council shall have the authority in approving the PUD to adopt modifications to development standards from the following:
1.
Chapter 405: Zoning Regulations.
2.
Chapter 410: Overlay and Urban Design Districts.
3.
Chapter 415: Subdivision Regulations (limited to the following standards from Article VII: Minimum Design Standards):
a.
Section 415.590: Blocks.
b.
Section 415.600: Lots.
c.
Section 415.630: Street Design Standards (minimum right-of-way, minimum tree lawn width, horizontal radius of centerline, and medians only).
d.
Section 415.640: Intersections and Street Alignment (curb radius only).
D.
Public Benefits.
1.
The City Council has categorized public benefits as Tier 1, Tier 2, and Tier 3, as outlined in Table 2: Public Benefits, below, commensurate with the scale of modifications under each tier along with the goals and priorities for the City. The City Council shall have full discretion to determine whether a proposed project adequately incorporates the standards of the benefits listed in Table 2.
2.
The City Council has designated priority benefits which represent the primary desires for development within the City. Any priority benefit may be selected to satisfy the priority benefit requirement for a PUD project, regardless of the project tier.
3.
A developer may propose one (1) public benefit for a project that is not listed in Table 2 for consideration by the City Council.
a.
Such benefit shall not count as the required priority benefit for the project.
b.
The applicant shall bear the burden of proving that the proposed benefit meets the purpose of a PUD project and aligns with the goals and vision of the City.
c.
Tier valuation and approval of a proposed benefit is at the sole discretion of the City Council.
Table 2: Public Benefits | |
|---|---|
Priority Benefit | Public Benefit Description |
Tier 1 | |
Special access features or provisions to existing or planned public transit facilities. | |
Significant public art installation to be located on private property but visible from the public right-of-way and accessible to the public. | |
Rooftop activation with public use (M-2 and M-3 base zoning only). | |
Provision of EV charging for 10% of parking spaces. | |
Provision for and/or protection of green infrastructure such as planned and managed networks of open spaces (including parks) and features that use natural means such as vegetation to capture, store and infiltrate stormwater runoff (including bioswales, green roofs, and rain gardens). | |
* | Extraordinary landscaping and greenspace provisions that focus on native plantings to support pollinators, keystone species, habitat diversity or canopy coverage that is beyond any minimum requirements. |
Agreement to participate in City's building benchmarking program for commercial buildings less than 100,000 gross square feet. | |
Architectural distinction at street level (first two floors or 40 feet above grade).1 | |
Provision of expanded sidewalk infrastructure in a business district through construction of an outdoor dining area or programmed plaza on private property covering less than 50% of the width of the property. | |
Tier 2 | |
* | Preservation of existing building(s). |
* | Architectural distinction at street level and at the roofline.1 |
Provision of missing housing or dwelling unit types accounting for a minimum of 30% of the total unit mix of a project (duplexes, townhomes, villas, or apartments with 2 or more bedrooms). | |
Provision of EV charging stations for 50% of parking spaces or more. | |
* | Provision of a minimum of five (5) publicly accessible EV charging stations located along or within 500 feet walking distance of a Consumer Emphasis Area. |
Use of a shared parking agreement for access to existing underutilized parking spaces within 500 feet walking distance of development site to reduce number of newly constructed parking spaces. | |
Provision of high-efficiency mechanical system proven to have reduced greenhouse gas emissions. | |
Tier 3 | |
Fully below grade parking structure. | |
* | Provision of a minimum of 5% of the total project dwelling units for affordable housing.2 |
* | Provision of a minimum of 10% of the total project dwelling units for workforce housing.3 |
* | Provision of entertainment use as a significant use component of the development program. |
* | Contribution to an affordable CEA space through provision of below market rent, coverage of initial tenant build-out costs, or another provision deemed by the City Council to lower the barrier to entry or cost to entry for a CEA use.4 |
* | Provision of white-box CEA space to support small businesses or pop-up shops.4 |
Inclusion of a use that will diversify tax base or drive significant sales tax revenue (marijuana dispensaries and retail smoking establishments shall not qualify). | |
Inclusion of alternative energy sources. | |
Building designed to LEED Gold standard or higher. | |
Extension of city standard streetscape, sidewalks, or bicycle lanes from project site along adjacent property to complete connections to larger networks where gaps exist. | |
Notes | |
1 Architectural distinction sets a standard for excellence, elevating and enriching the built environment with exterior visual elements that are notable in shape or appearance. While architectural distinction requires enhanced and creative design, projects shall still be deemed compatible and appropriate for their context by the Architectural Review Board per Section 400.110. Architectural distinction is evaluated by the City Council and could be achieved through, but is not limited to, innovative design, culturally rooted design, substantial detailing, or distinctive massing. For example, standard block massing with high quality materials does not alone rise to the level of architectural distinction. | |
2 Affordable housing units shall be permanently available for residents with a qualifying income not exceeding 80% of the St. Louis County area median income as defined and determined by the Department of Housing and Urban Development. Total annual rent of said units shall not exceed 30% of the maximum qualifying income. Qualifying units shall be a mix of type reflecting the total unit type distribution for the project. | |
3 Workforce housing units shall be permanently available for residents with a qualifying income not exceeding 100% of the St. Louis County area median income as defined and determined by the Department of Housing and Urban Development. Total annual rent of said units shall not exceed 30% of the maximum qualifying income. Qualifying units shall be a mix of type reflecting the total unit type distribution for the project. | |
4 CEA spaces qualifying for public benefits shall be occupied within six months of issuance of the first occupancy or temporary occupancy permit issued for the project, unless such requirement is modified by the City Council. | |
Section 405.1390 Application And Plan Requirements.
[Ord. No. 7020, 6-23-2026]
A.
Application Requirements. The following requirements shall be submitted for all PUD applications. Additional requirements may be requested by the Director of Planning and Development Services prior to or upon review of the application.
1.
Applications shall be in the form set forth by the City and which lists permitted and accessory uses, development standards, location of land uses, number of dwelling units, square footage of non-residential uses, developer commitments, etc., and shall include a schematic plan of the property showing the general location of all land use types, landscape buffers, preliminary open space amenities and trail plan, site circulation and vehicular access points.
2.
The PUD document shall also include a list of any proposed deviations from the Zoning Regulations, including any applicable Overlay and Urban Design Overlay Districts.
3.
Minimum Applicant And Owner Information Requirements.
a.
The applicant's name, address, telephone number and interest in the property.
b.
Certification that the applicant is registered to do business in the State of Missouri and is in good standing to develop the site.
c.
The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application.
d.
A certificate of disclosure of ownership interest.
e.
The street address and legal description of the subject property.
f.
A description of the existing use of the subject property and the proposed use.
g.
The telephone numbers of the architect, landscape architect, planner or engineer on the project.
h.
Copies of any restrictive covenants that are to be recorded with respect to property in the proposed planned unit development.
i.
The required application fee as set forth in the fee schedule as approved by the City Council.
4.
Professional studies and technical reports, including but not limited to the following, may be requested by the Director of Planning and Development Services to assist in the evaluation of a proposed PUD. The applicant shall be responsible for any costs and/or expenses incurred as a result of engaging such outside professional assistance.
a.
A traffic impact study and/or a parking study to be coordinated by the City and prepared by a registered traffic engineer. If a modification to the required parking spaces is request, a parking study shall be required.
b.
A soils and subsurface conditions report.
c.
A tree preservation plan prepared by a registered Landscape Architect or certified Arborist.
d.
A shadow study.
B.
PUD Plan Requirements. The applicant shall submit a PUD document as prescribed by the Planning and Development Services Department. The following information shall be included:
1.
The location, dimensions, floor area, type of construction and proposed use of each proposed building or structure.
2.
The number, the size and type of dwelling units in each building and the overall dwelling unit density (if residential uses are proposed).
3.
The number, location and dimensions of parking spaces and loading docks, with means of ingress and egress.
4.
A plat of survey of the parcel of land, lot(s), block(s) or parts or portions thereof, drawn to scale, showing the actual dimensions of the parcel, lot(s), block(s) or parts or portions thereof according to the registered or recorded plat of such land.
5.
A written statement showing the relationship of the proposed PUD to the City's Comprehensive Plan and justification for any proposed Code modifications.
6.
A written statement addressing each of the standards set forth in Section 405.1410 below and such additional standards, if any, as may be applicable under the specific provisions of these regulations. The statement shall explain specifically how the proposed planned unit development relates to and meets each such standard.
7.
A written description showing why the proposed PUD is compatible with other property in the neighborhood.
8.
When the proposed planned unit development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a government authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.
Section 405.1400 Application And Decision Procedures.
[Ord. No. 7020, 6-23-2026]
A.
PUD Process. A PUD requires approval by the City Council after recommendation from the Plan Commission. The process for PUD approval includes the following steps, as summarized in Table 3: PUD Process.
Table 3: PUD Process | ||||||
|---|---|---|---|---|---|---|
Application | Preapplication Meetings | Review and Decision Making | ||||
Staff | Community Conference | Staff | Plan Commission | Architectural Review Board | City Council | |
PUD | O | X | R | [R] | [D], A | |
PUD major amendment | R | D | ||||
PUD minor amendment | D | |||||
Conceptual Review1 | R | R | ||||
Rezoning2 | R | [R] | [D] | |||
Site Plan Review2 | R | D | ||||
Architectural Review2 | R | D | ||||
Subdivision Plat2 | R | R | [D] | |||
Notes | ||||||
X = Required; O = Recommended; (blank) = Not Applicable/Not Required; R = Review and Recommendation; D = Review and Decision; A = Appeal Decision; [ ] = Public Hearing 1 Conceptual Review process is recommended for a new PUD but is not required 2 Application is required concurrent with PUD unless deemed not applicable to a project scope by the Director of Planning and Development Services | ||||||
1.
Pre-Application Staff Meeting. Prior to applying for a PUD, the applicant shall participate in a pre-application conference with City staff. The purpose of the pre-application meeting is to allow City staff to review and provide comments on the suitability of the development concept as a PUD, as well as to provide guidance to applicant on the procedures and standards for PUD approval.
2.
Conceptual Review. Conceptual review is recommended, not required, for PUD projects. This step allows for a non-binding presentation and review meeting with the Plan Commission, Architectural Review Board, and City Council before all project details are finalized. The public meeting provides opportunity for community feedback; however, options and issues raised may not be all-inclusive and no decisions or guarantees on the project design or outcome are made. Revision of the proposal based on input from the conceptual review is solely at the discretion of the applicant.
3.
Community Conference. The community conference is an informal public meeting hosted by the applicant prior to submittal of a PUD application. The purpose of the meeting is to provide early and informal notification to the public, to generate discussion, and make the applicant aware of community concerns relative to the proposed project. It is intended to provide a means by which the applicant and the public can work together in a productive and creative manner. However, options and issues raised may not be all-inclusive and no decisions or guarantees on the project design or outcome are made. Revision of the proposal based on input from the community conference is solely at the discretion of the applicant.
a.
Process. The community conference shall be held in a place that is readily available to the public and large enough to accommodate the anticipated number of people who may be present at the meeting, such as the Center of Clayton or another public or private meeting facility. Notice of the date, time and location and a project description shall be provided to the City and by mail to all owners of property within one thousand (1,000) feet of the PUD site two (2) weeks prior to the scheduled meeting date. All mailing requirements are the responsibility of the project applicant and shall be documented by affidavit to the City. City staff shall post a copy of the developer's notice at the site, Clayton City Hall and on the City's website.
b.
Expectations. The applicant shall:
(1)
Explain the project concept to the audience and solicit input as to the issues which concern them; and
(2)
Invite the public to speak to issues related to the proposal, but their input shall not be considered public testimony regarding the application when and if submitted; and
(3)
Prepare a written report documenting the community meeting, summarizing the issues raised, and describing how the proposed project, as submitted, addresses the issues raised in the project design and/or explains why it does not; and
(4)
Submit said written report to the City for inclusion with the PUD application materials; and
(5)
Provide a copy of the report to all the community meeting attendees prior to or concurrent with submittal of the PUD application materials to the City.
4.
Staff Review. Upon the review of an application and plans, the Director of Planning and Development Services or his/her designee shall notify the applicant of any deficiencies and/or modifications necessary to perfect the application. Once the submittal is deemed complete, the application is forwarded to the Plan Commission and City Council for their consideration and approval, respectively.
5.
Plan Commission Review And Recommendation. After due notice per Section 400.080, the Plan Commission may make recommendations to the City Council regarding the proposed PUD's compliance with requirements of this Article.
6.
City Council Review And Decision. Approval of a PUD is determined solely in the legislative discretion of the City Council after hosting a Public Hearing.
B.
Additional Review Procedures. In addition to the PUD process outlined in this Section, a PUD may also require concurrent review of the following applications:
1.
Rezoning. A PUD is a distinct zoning district and requires a request for a change in the zoning district designation pursuant to Chapter 405, Article XI, Text Amendments and Rezoning.
2.
Site Plan Review. A site plan application for the project shall be submitted and approved in accordance with the requirements and procedures set forth in Chapter 405, Article VIII.
3.
Architectural Review. An architectural review application for the project shall be submitted and approved in accordance with the requirements and procedures set forth in Chapter 400, Article III.
4.
Subdivision Plat. If a subdivision plat is required to facilitate the lot configuration of the PUD project, an application and plat shall be submitted and approved in accordance with the requirements and procedures set forth in Chapter 415.
Section 405.1410 PUD Approval.
[Ord. No. 7020, 6-23-2026]
A.
Criteria For PUD Approval. The approval criteria are designed to achieve the objectives as set forth in Section 405.1360 of this Article. The Plan Commission may recommend, and the City Council may adopt modifications to Code requirements as part of its consideration and approval of a PUD. In considering and acting upon development plans, landscape plans and other applicable plans, the Plan Commission and City Council shall take the following criteria into consideration:
1.
The proposed development is in harmony with general purposes and intent of Chapter 405 of the Municipal Code and is compatible with and implements the planning goals and objectives of the City as set forth in the City's comprehensive plans.
2.
Open Space And Landscaping. The quality and quantity of public and common open space and landscaping provided are consistent with higher standards of design and amenities expected of a PUD. Common spaces are adequate in size and design to accommodate public use.
3.
External Circulation. Streets, sidewalks, pedestrian ways, bike paths, off-street parking and loading as appropriate to the planned land uses are provided and meet the City of Clayton standards. They will not unduly interfere with the safety and capacity of adjacent streets, or other means of access to the site.
4.
Internal Circulation. The internal circulation system of the proposed development encourages safe movement for vehicles and pedestrians, and provides public access to green areas and open space preserved on site which are designated for public use.
5.
Design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations.
6.
Existing or proposed utility services are adequate for the proposed development.
7.
Appropriate buffering is provided to protect adjacent land uses from light, noise and visual impacts.
8.
Natural Features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as stands of mature trees, steep slopes, natural drainage ways, wetlands, or other areas of sensitive or valuable environmental character. The topography of the property is preserved to the greatest extent possible.
9.
The proposed site layout and uses are compatible with the neighborhood surrounding the proposed development and the City as a whole.
10.
The proposed development complies with all other applicable Codes and ordinances.
11.
The proposed development preserves buildings which are architecturally or historically significant or contribute to the character of the City.
12.
Public Welfare. The PUD will not be detrimental to the public health, safety or general welfare.
13.
The proposed development provides the required number of public benefits to the extent outlined in Section 405.1380.
B.
Approving Ordinance And PUD Document.
1.
The City Council may impose conditions of approval and limitations as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the planned unit development, upon the City as a whole or upon public facilities and services. These conditions, may include, but are not limited to, conditions concerning use, construction, character, location, landscaping, screening, parking, maintenance, operational elements that would impact adjoining land uses and other matters relating to the purposes and objectives of these regulations. Such conditions shall be expressly set forth in the PUD document which shall be an exhibit attached to the PUD ordinance authorizing the planned unit development. Violation of any such condition or limitation shall be a violation of these regulations and subject the offender to the penalties prescribed for the violation of this Chapter. Additionally, violation of any such condition or limitation shall be a violation of these regulations and shall constitute grounds for revocation of the approval authorizing the planned unit development.
2.
The ordinance approving a PUD shall contain a legal description of the property subject to the planned unit development. The ordinance along with the PUD document and approved site plan shall be recorded by the applicant in the office of County Recorder of Deeds. The applicant must present proof of such recording before any permits may be issued.
3.
Following planned unit development plan approval, the PUD document and approved site plan, rather than any other provision of Chapter 405, shall govern the use, parking, loading, height, building locations, open space and yard regulations applicable to the subject property and no use or development, other than temporary uses, shall be permitted within the area of the planned unit development pursuant to the zoning district regulations otherwise applicable to such area.
Section 405.1420 Post Decision Procedures.
[Ord. No. 7020, 6-23-2026]
A.
Time Limit On Approved PUD. No planned unit development permit shall be valid for a period longer than one (1) year unless a building permit is issued, and construction is actually begun and is diligently pursued within that period.
1.
A written request for an extension must be received by the City Clerk not less than forty-five (45) days prior to the expiration of the original one-year period. The applicant shall bear the burden of providing just cause for delay, proof that the project remains the same and proof that no circumstances bearing on the suitability of the project have changed. Approval of a request for an extension is at the sole discretion of the City Council.
B.
Building Permit Issuance.
1.
The approval of a proposed planned unit development by the City Council shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the City, including, but not limited to, a building permit, certificate of occupancy and, where applicable, subdivision approval.
2.
Building permits shall be issued in accordance with the approved site development plan.
C.
Reapplication. In the event the City Council denies an application for planned unit development, no request for hearing upon the same application or substantially similar application will be accepted for a period of at least one (1) year from the date of denial by the City Council.
D.
Appeals. An aggrieved party may, within fifteen (15) days of the decision for which redress is sought, file with the City Council a written request for reconsideration and appeal of any decisions of the City Council under this Article. The written request must set forth in a concise manner the decision being appealed, and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and any supporting documents or materials filed by the aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by certified U.S. Mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The City Council may consider the appeal on the record of the prior decision or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances.
E.
Revocation. The City shall have the authority to order the abatement, removal and/or conformity of any planned unit development or any portion thereof that is contrary to any of the conditions and/or provisions of the approved planned unit development. Provided, however, that the property owner was first served with an order to abate, remove and/or bring into conformity the violation(s) and the property owner failed to comply with the order within ten (10) days of receiving the order and following a public hearing held in accordance with this Article.
F.
Amendments.
1.
No adjustment shall be made in the construction, development or use without a new application under the provisions of these regulations. However, minor adjustments may be made subject to written approval by the City Manager.
2.
Minor Amendments. The City Manager may authorize minor adjustments to the approved development plan when such adjustments appear necessary considering technical or engineering considerations. Such minor adjustments shall be limited to the following elements:
a.
Adjusting the distance as shown on the approved development plan between any one (1) structure or group structures and any other structure or group of structures or any vehicular circulation element or any boundary of the site.
b.
Adjusting the location of any open space.
c.
Adjusting any final grade.
d.
Altering the types of landscaping elements and their arrangement within the required landscaping buffer area.
e.
Minor adjustments shall be consistent with the intent and purpose of these regulations and the approved development plan and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such adjustments would result in a violation of any standard or requirement of these regulations.
f.
The City Manager may decline to approve such minor adjustments if he/she deems the changes are significant and refer the application to the City Council (see Major Amendments).
G.
Major Amendments. The City Council may consider major amendments to the approved PUD plan after a public hearing held by the City Council and notice to all property owners whose properties are located within two hundred (200) feet of the PUD. The following shall be considered major amendments:
1.
An increase in square footage or density from the original proposal.
2.
Change in the number of parking spaces from the original approval.
3.
Changes in proposed land uses (office becomes retail/restaurant, etc.).
4.
Significant changes to the outside appearance of the building including decorative lighting, building materials, colors, etc., the site, landscaping and/or streetscape.
5.
Modification of any written conditions of approval or recorded easements.
6.
Other such amendments deemed major by the City Manager.
7.
Changes in the PUD plan as approved shall be in substantial conformity with the approved site plan or an amendment to the approved site plan shall be submitted and approved by the Plan Commission/Architectural Review Board.
