(a)

It is the intent of this division to provide for integrated developments having harmony of design and variety of function. It is not intended to permit a greater density or uses different from those set forth in the regulations or the district in which the development is located, but this division is to provide for a greater flexibility in the design of buildings, yards, courts, and circulation, than would otherwise be possible through the strict application of district regulations, and to produce:

(1)

A maximum choice in the type of environment and living units available to the public.

(2)

Open space and recreation areas.

(3)

A pattern of development which preserves trees, outstanding natural topography, and geological features, and prevents soil erosion.

(4)

A creative approach to the use of land and related physical development.

(5)

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing cost.

(6)

An environment of stable character in harmony with surrounding development.

(7)

A more desirable environment than would be possible through the strict application of other sections of this article.

(b)

The planned unit development section is designed to provide for small and large scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such developments may consist of individual lots or condominiums with common building sites. Common land must be an essential and major element of the plan which is related to and effects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with surrounding development.

(Code 1984, § 20-151; Ord. No. 3080, Art. IV, § 1, 11-16-1993)

A planned unit development may be authorized, provided that all of the following provisions are complied with:

(1)

Location. A planned unit development shall be permitted in any district except an A-1 Agricultural Rural Residential District. The zoning for the site must be established based on the type of dwelling units which will be developed, e.g., R-1, R-2, R-3. For example, when a mixture of townhouses, duplexes and single-family-detached might be proposed and intermingled the underlying zoning would need to be at least R-3.

(2)

Design characteristics. The proposed planned unit development shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the district in which the unit is located. The design may provide for modification of yard, setback and height requirements, but the uses, density, and intensity of the use for the district shall not be reduced. Where the proposed planned unit development is in a district permitting residential uses the design may provide for one or more dwelling types.

(3)

Minimum site size. The minimum recommended size of the site upon which a planned unit development shall be located shall not be less than five acres for residential developments, 40 acres for industrial, educational, medical and other types of institutional developments, and not less than three acres for commercial development. The city planning commission may vary said minimum site size where such an alteration is in the best interest of the community, and where the public health, safety and welfare will be preserved.

(4)

Off-street parking. The off-street parking requirements set forth in section division 5 of this article may be complied with by providing one or more permanent, common off-street parking facilities for all uses within the development, provided that the facility contains the requisite number of spaces for each use, and that the spaces provided for permanent residents shall be clearly designated and separated from spaces provided for employees, customers, and services. The total spaces provided shall not be less than the sum of the individual requirements and the spaces required for each use, and shall be under the permanent control of the owners of the use for which the spaces are required.

(5)

Site development plan. The applicant shall submit a site development plan of the proposed planned unit development in support of the application. Said plan and application shall be considered the same as a rezoning request and the same procedures shall be followed concerning application, city planning commission review and public hearings. Approval of the plan by the city planning commission and the city council shall also constitute approval of a preliminary plan for the planned unit development as required under the subdivision chapter. Upon such approval, the letters PUD followed by an identifying number shall be affixed to the appropriate part of the city's official zoning district map. The plan may provide for staged development of the project, and if so, it shall be indicated on the plan.

(6)

Contents of the site development plan. The site development plan shall consist of maps and text which contain:

a.

Name of the planned unit development.

b.

Name, address and phone number of the applicant.

c.

Name, address and phone number of land planners, engineers, architects or landscape architects preparing the plans.

d.

Sufficient surrounding area to demonstrate the relationship of the planned unit development to adjoining uses, both existing and proposed.

e.

Existing topographic character of the site with no greater than two foot contour intervals based on U.S.G.S. datum.

f.

Boundary survey showing measurements and legal description.

g.

Proposed land uses, including public areas and open spaces and the approximate location of buildings and other structures.

h.

The density of dwelling units. Density shall be expressed in number of dwelling units and quantitative area of each identifiable segment of the proposed planned unit development.

i.

The approximate location of streets, drives, off-street parking and loading areas.

j.

An explanation of the character of the proposed planned unit development.

k.

The expected schedule of development.

l.

Approximate location of parking areas and parking ratio.

m.

The following plans and diagrams, insofar as the city planning commission finds that the planned unit development creates special problems of traffic parking, landscaping or economic feasibility may be required:

1.

A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the planned unit development to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown.

2.

A landscaping and tree planting plan.

3.

An economic feasibility report or market analysis.

n.

Statement of intent to comply with all ordinances of the city.

(7)

Number of permitted dwelling units. It is the intent of this section that the aggregate density and intensity of use within the planned unit development remain the same as that which would be permitted if the area were developed conventionally, but that within the planned unit development the permitted number of dwelling units may be reallocated irrespective of use district lines or lot lines. The maximum number of permitted dwelling units with a planned unit development shall be computed as follows:

a.

Permitted dwelling units equal residential area of the PUD divided by minimum land area per dwelling unit permitted in the applicable use district.

b.

The residential area for the purposes of the above described computation shall be the gross area of the planned unit development less the lot area or areas designated for any use other than dwellings, quasi-dwellings, residential open space and recreation areas. The minimum land area per dwelling unit for the purposes of the above described computation shall be the least restrictive minimum land area per dwelling unit permitted in the applicable district. If the planned unit development is within two or more use districts, the permitted density shall be the sum of the permitted dwelling units computed separately for the residential area within each district.

(8)

Commercial and industrial uses. Except as provided in subsection (9) of this section, commercial and industrial uses in planned unit developments shall be permitted only in areas zoned to permit such uses.

(9)

Accessory commercial developments. Where located on a site with residential uses, commercial uses may be considered accessory uses customarily incident to the residential uses included within the planned unit development. The aggregate floor area of the commercial facilities shall not exceed 50 square feet per dwelling unit nor a total of 30,000 square feet. Each commercial establishment shall be limited to a maximum of 3,500 square feet in floor area. The commercial area shall be designed primarily for the service, convenience, and benefit of the residents of the planned unit development, and shall be designed and located in such a manner as to be compatible with the residential use of the planned unit development and adjacent properties.

(10)

Height limitation. Within any planned unit development, the maximum height shall be determined by the city planning commission with due consideration to the district in which the planned unit development is to be located and the spirit of this article.

(11)

Perimeter requirements. In all residential areas, no portion of a building or structure shall be closer than 15 feet to a perimeter property line of the entire tract or 25 feet to a street right-of-way. In all nonresidential areas, no portion of a building or structure shall be closer than 25 feet to a perimeter property line of the entire tract.

(12)

Final plat required. A final plat of the planned unit development shall be required and shall be in compliance with the subdivision regulations.

(13)

Homes association. The developer shall provide for a home association if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities including streets, drives, service and parking areas, and recreation areas.

(14)

Commencement of construction of accessory commercial uses where associated with residential uses. Where it is the intent of the applicant to combine commercial and residential uses on the same site, as provided in subsection (9) of this section, no commercial construction shall commence until at least one-fourth of the total residential units called for in the site development plan are under construction.

(15)

Time limit. The construction of the planned unit development shall be started within 18 months of the effective date of approval of the plan by the city council. Failure to begin the development of the plan within said 18 months shall automatically void the development plan and the property covered by the plan shall revert to the same zoning classification which existed immediately preceding the approval in connection therewith. Upon reasonable grounds being shown therefor, and when so requested in writing and by personal appearance, the city planning commission may extend the 18 months for such additional periods as the city planning commission may deem proper under the circumstances.

(16)

Amendments. Minor changes in the final plat of the planned unit development may be authorized by the city planning commission upon a review of the proposed amended subdivision plan, incorporating such changes, so long as substantial compliance is maintained with the site development plan and the purposes and standards of the planned unit development provisions thereof. Changes which would represent a significant departure from the site development plan shall require filing of a new application for planned unit development.

(17)

Filing fee. To defray partially the costs of notification and administration procedures, there shall be paid to the city clerk at the time the planned unit development application is made a fee, as provided in the city fee schedule.

(Code 1984, § 20-152; Ord. No. 3080, Art. IV, § 2, 11-16-1993)