The purpose of planned units is to allow flexibility and encourage innovation in land use development, promote the most appropriate use of land, improve the design, character, and quality of new development, facilitate the adequate and economical provision of streets and utilities and preserve the natural and scenic features of open space.

(Ord. 831 § 9.1, 1992)

1. The following uses are permitted:
   1. Single-family detached dwellings;
   2. Two-family dwellings;
   3. Multiple-family dwellings;
   4. Limited commercial uses;
   5. Recreational uses; and
   6. Public and semi-public uses.
2. Limited commercial uses include, but are not limited to, municipal buildings, schools, churches, art galleries, professional offices, theaters (but not drive-ins), motels/hotels and restaurants. Limited commercial shall not be construed to include “gaming”, unless such use is listed and permitted under Uses By Right in the subject zoning district for which the application is being filed and shall exclude lands which were not established within the city limits as of January 1, 1989.
3. Recreational uses include, but are not limited to, private parks, golf courses, swimming pools, ski slopes, etc. (so long as these facilities do not produce noise, glare, odor or air pollution).

(Ord. 900 (part), 1995; Ord. 831 § 9.2, 1992)

A person having an interest in land to be included in a PUD may file an application for approval of a PUD on a form provided by the city planning department that shall include all information and materials required by Section 17.96.020, Development Review Application, and, without limitation, the following:

1. The site plan shall show the major details of the proposed PUD, prepared on a scale of not less than one inch equals one hundred (100) feet and shall provide sufficient detail to evaluate the features of the PUD required by this chapter. The site plan shall contain insofar as applicable, the following information.
   1. The name(s) and addresses of the current developer and owner(s) and the engineer which is preparing the plan;
   2. A certificate of title, from a title company, verifying ownership, and a complete and accurate legal description of the proposed PUD property;
   3. Vicinity map;
   4. Location by legal description (if the proposed site requires subdivision, the plan shall show the layout of all the lots and the plan shall comply with the regulations outlined in the subdivision ordinance);
   5. Overall development plan, depicting the total acreage of the sites, the uses, dimensions, and location of proposed sites, and open spaces designated for various uses (i.e. parking, structures, residential or commercial, streets, parks or playgrounds);
   6. Location, widths, and names of all existing or prior platted streets, railroad and utility spaces, permanent buildings and structures, permanent easements, municipal boundaries if within two hundred (200) feet of the development;
   7. Location, and dimensions of proposed streets and names, entrances, exits, pedestrian walkways, bikeways, equestrian trails, easements, sidewalks, buildings, building uses, building setbacks, and curblines, schematics of utilities, and elevation of the building(s). Buildings exceeding the height restrictions of the zoning district in which it is located will require a variance as allowed under Chapter 17.80 of this title.
   8. Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays, angle of parking;
   9. Any physical limitation for development, including areas with high water table conditions, rock outcroppings, steep slopes, wetlands and any other limiting factors of the site for developers;
   10. The areas subject to the one hundred (100) year flood as defined in the city’s flood plain ordinance, codified in Chapter 15.36 of this code, and any area of the site that is within a designated floodway;
   11. Proposed drainage system;
   12. Location and general exterior dimensions of principal and accessory buildings and signs.
2. Written statements containing the following information:
   1. An explanation of the objectives to be achieved by the PUD, including without limitation, building and use descriptions, sketches or elevations that may be required to describe the objectives;
   2. A development schedule indicating the approximate date when construction of the PUD or phases of the PUD can be expected to begin and be completed; and
   3. Copies of any special agreements, conveyances, restrictions or covenants that will govern the use, maintenance and continued protection of the goals of the PUD and any of its parks, recreation areas, playgrounds or open space.

(Ord. 900 (part), 1995; Ord. 831 § 9.3, 1992)

The city will review and decide whether an application for a PUD is in accordance with the provisions of Section 17.96.020(B) of this title.

(Ord. 831 § 9.4, 1992)

No PUD application shall be approved unless the approving agency finds that:

1. The plan is consistent with the purposes and policies of the Deadwood comprehensive policy plan; and
2. That the plan utilizes site design techniques which enhance the quality of the development. In determining whether this subsection is met, the approving agency will consider the following factors:
   1. Open space, including without limitation, parks, recreation areas and playgrounds.
      1. The required open space is accessible, functional and useable by the people being served;
      2. Private open space is provided for each residential unit;
      3. The project provides for the preservation of natural features, including without limitation, trees and drainage areas; and
      4. The open space provides a relief to the density, both within the project and from surrounding development.
   2. Landscaping.
      1. The project provides for a variety of plant and hard surface materials and the selection of materials provide a variety of colors and contrasts;
      2. The setbacks, yards and useable open space along public roadways are landscaped to provide attractive streetscapes to enhance architectural features and to contribute to the development of an attractive site plan;
      3. The landscaping is designed to facilitate the buffering of one use from another;
      4. Screening of service yards and other places which tend to be unsightly is accomplished by the use of walls, fencing, planting or a combination of these; and
      5. The project provides for continual maintenance of landscaping.
   3. Circulation, including the transportation system that serves the property, whether public or private and whether constructed by the developer or not.
      1. High speeds are discouraged or a physical separation between streets and the project is provided;
      2. Pedestrian-vehicular conflicts are minimized;
      3. Safe and convenient connections within the project and between the project and existing and proposed transportation systems are provided, including without limitation, streets, bikeways and pedestrian ways;
      4. The amount of land devoted to the street system is minimized;
      5. The project is designed for the types of traffic expected, including without limitation, automobiles, bicycles and pedestrians, and provides safety, separation from living areas and control of noise and exhaust;
      6. City construction standards are met and emergency vehicle use is facilitated; and
      7. On-site facilities for external linkage with other modes of transportation, where applicable, are provided.
   4. Parking.
      1. The project incorporates into the design of parking areas, measures to provide safety, convenience and separation of pedestrian movements from vehicular movements;
      2. The minimum amount of land necessary to meet the demands of the project is devoted to parking;
      3. The design and treatment of parking areas and light is such as to reduce the visual impact on the project, adjacent properties, and adjacent streets; and
      4. The project meets the parking requirements of this title, unless modified by the provision of Section 17.72.060 of this chapter.
   5. Livability.
      1. Noise is minimized between uses and units, within and between buildings and from external sources, either on or off site;
      2. For all projects, sunlight is provided and shadows are minimized on windows, roofs, parks, recreation areas, playgrounds, open space (both public and private) and sidewalks;
      3. A lighting plan is provided which addresses security, conservation, safety and aesthetics;
      4. Impacts of wind are mitigated;
      5. View corridors toward the mountains or the city are protected throughout the project, and internal views are provided where applicable; and
      6. Cut and fill are minimized on the site, and the design of structures conforms to the natural contours of the land.
   6. Building Design and Relationship to Surrounding Area.
      1. The building design and type provide a variety and quality that adds to the visual attractiveness of the community;
      2. The building height, mass, scale, orientation and configuration are compatible with the general character of the area;
      3. The orientation of the building or buildings is such to minimize shadows or blocking of views from adjacent properties;
      4. Where the character of the area is identifiable, the project is compatible with such conditions by the appropriate use of color, materials, vegetation, signs and lighting; and
      5. The project meets the density requirements of Chapters 17.16 through 17.48 of this title, unless modified by the provisions of Section 17.72.060.

(Ord. 831 § 9.5, 1992)

The density of the project may be increased through the reduction of the lot area requirement for established districts or the open space requirements for developing and redeveloping districts. This density increase shall occur only if the planning and zoning commission finds that the following criteria have been met:

1. Maximum Reduction.
   1. Twenty-five (25) percent of lot area, except that:
      1. No density increase in the number of dwelling units allowed under Chapters 17.16 through 17.48 of this title.
2. Criteria for Reduction.
   1. The needs of the PUD’s occupants for useable open space can adequately be met;
   2. The open space or lot area reduction does not significantly affect the character of the PUD nor the character of the surrounding area; and
   3. The specific percentage reduction in open space or lot area requested by the applicant is justified by any one or combination of the following site design features not to exceed the maximum reduction allowed under subsection A of this section:
      1. Architectural treatment that results in reducing the apparent bulk and mass of the structure or structures and site planning which increases the openness of the site, maximum five percent reduction;
      2. Close proximity to a public mall or park for which the PUD is specially assessed or to which the PUD contributes funding of capital improvements beyond that required by other sections of this title or other city ordinances;
      3. A common park, recreation or playground area functionally useable and accessible by the PUD’s occupants for active recreational purposes and sized for the number of inhabitants of the development, maximum five percent reduction; or developed facilities within the PUD designed to meet the active recreational needs of the occupants, maximum five percent reduction; and
      4. Occupancy of the PUD by a unique residential population whose needs for conventional open space is reduced, maximum five percent reduction.

(Ord. 831 § 9.6, 1992)

The off-street parking requirement for projects which would require five or more parking spaces under the requirements of this chapter may be modified as follows:

1. The city planning department may grant a parking reduction not to exceed twenty (20) percent of the required parking. Only the planning and zoning commission may grant a parking reduction exceeding twenty (20) percent.
2. Parking Reduction Criteria. Upon submission of documentation by the applicant of how the project meets the following criteria, the approving agency may approve modifications to the parking requirements, if it finds that:
   1. For residential uses, the probable number of motor vehicles to be owned by occupants of and visitors to dwellings in the PUD will be adequately accommodated;
   2. The parking needs of any nonresidential uses will be adequately served;
   3. A mix of residential with either office or retail uses is proposed, and the parking needs of all uses will be accommodated through shared parking;
   4. If joint use of common parking areas is proposed, varying time periods of use will accommodate proposed parking needs; and
   5. If the number of off-street parking spaces is reduced because of the nature of the occupancy, the applicant provides assurances that the nature of the occupancy will not change.

(Ord. 831 § 9.7, 1992)

1. Minor Modifications and Amendments. Changes to the site plans, building plans and landscaping plans may be approved by the city planning department without an amendment to the site plan if such changes are minor and do not alter the basic intent of the approved PUD. In determining whether a proposed change is a minor modification, the following guidelines shall apply:
   1. Approved setbacks may not be varied more than twenty (20) percent;
   2. The floor area of the development may be expanded by no more than ten (10) percent, or, in the case of height reviews, no more than five percent, except, that portion of any building over thirty-five (35) feet in height may not be expanded under the provisions of this subsection;
   3. Building locations may vary by no more than ten (10) feet in any direction, except that portion of any building over thirty-five (35) feet in height may not be expanded under the provisions of this subsection; or
   4. There is no increase in parking reduction that had been granted by the planning and zoning commission.
   All minor modifications shall be noted, signed and dated on the approved PUD site plan. For proposed minor modifications of PUDs that are partially or totally developed, the applicant shall provide notice to any owners of property within the development that might be affected as determined by the city planning department.
2. Amendments.
   1. No proposal to modify, structurally enlarge or expand any approved PUD, other than a minor modification, shall be approved unless the site plan is amended and approved in accordance with the procedures prescribed by this section for approval of a PUD, except for the notice and consent provisions of this subsection.
   2. If an applicant requests approval of an amendment to an approved PUD, the city planning department will determine which properties within the PUD would be affected by the proposed change. The applicant shall provide notice of the proposed changes to all owners of property so determined to be affected and to all owners of property within three hundred (300) feet of the boundaries of such property.

(Ord. 831 § 9.8, 1992)

The application for final approval must be received by the planning and zoning commission and city commission. The following procedures then apply to the final approval of a plan:

1. The application shall include such drawings, covenants, easements, conditions, performance bonds and content as set forth at the time of preliminary approval. The boards may, at their discretion, require that a public hearing be held for the application for PUD.
2. Approval of the plan, that has been given final approval by the planning and zoning commission and the city commission, must be certified as follows:
   Certification by Architect: ______________________________________________________ Name of _____________________________________ states that he/she has prepared portions of the
   City, State _________________________________________ Planned Unit Development, including:
   Name of Development
   ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Title Sheet Numbers
   
   and that the same was prepared pursuant to Chapter 17.72 entitled “Planned Unit Development” of the City of Deadwood Code of Ordinances and that the same has been prepared according to the normal standard architectural care and practices in the State of South Dakota. Modifications may occur during preparation of construction plan and/or during construction.
   Dated this _____ day of ___________, 20___.
   _____________________________________ Architect's Name
   SUBSCRIBED AND SWORN BEFORE ME this _____ day of ___________, 20___.
   ____________________________________ Notary Public
   (SEAL)
   My Commission Expires: _______________
   ENGINEERING CERTIFICATION
   ___________________________________ of _____________________________________
   Engineering Company City, State, Zip
   states that it prepared portions of the ____________________________________________
   Name of Development
   Planned Unit Development Including: __________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Title Sheet Identification
   
   and that the same were prepared pursuant to Chapter 17.72 entitled “Planned Unit Development” of the City of Deadwood Code of Ordinances and that the same has been prepared according to normal standard engineering care and practices in the State of South Dakota. Modifications may occur during preparation of construction plan and/or during construction.
   Dated this _____ day of ___________, 20___.
   
   Engineering
   BY: _________________________________________
   ITS: ____________________________________________
   SUBSCRIBED AND SWORN BEFORE Me this _____ day of ___________, 20___.
   ____________________________________ Notary Public
   (SEAL)
   
   My Commission Expires: _______________
   APPROVAL BY DEADWOOD PLANNING AND ZONING COMMISSION
   Approved by the Planning and Zoning Commission of the City of Deadwood, this _____ day of ___________, 20___.
   Signed: ____________________________________ Chairperson
   Signed: _____________________________________ Secretary
   APPROVAL BY DEADWOOD CITY COMMISSION
   Be it resolved that the Deadwood City Commission having examined the within Planned Unit Development, do hereby give our approval for this instrument to be recorded in the office of the Lawrence County Register of Deeds. Upon the filing of the plan, zoning and subdivision regulations otherwise applicable to the land included in the plan will cease to apply thereto. Should changes on the PUD be approved by the City of Deadwood, a set of as-built plans shall be made available to the Planning and Preservation Office of the City of Deadwood.
   Signed: ____________________________________ Mayor, City of Deadwood
   Attest: _____________________________________ City Finance Officer
   OFFICE OF REGISTER OF DEEDS
   State of South Dakota, County of Lawrence
   Filed for record this _____ day of ___________, 20___, at ______ o’clock, ___.M, and recorded as Document No. ___________.
   _________________________________ Register of Deeds
3. Upon abandonment of an approved plan, or if building construction has not commenced within a two-year period, unless an extension of time has been requested, and granted, the final approval will be null and void, and any subsequent use of the property must be in accordance with the provisions of the zone in which the property is located.

(Amended during 2004 codification; Ord. 900 (part), 1995; Ord. 831 § 9.9, 1992)