The planned unit development district allows for a development containing uses or a combination of uses in a design that would not otherwise comply with the regulations of the primary zoning districts, but does provide an overall design, increased open space, or other features or amenities that results in a superior development or offer special benefits to the community. A planned unit development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts while greater flexibility is given to allow special conditions or restrictions which would otherwise allow the development to occur. A planned unit development district may not be used for the primary purpose of avoiding the zoning regulations applicable to the primary zoning districts. Procedures are established herein to insure against misuse of increased flexibility.

Any use permitted in this ordinance shall be permitted in a PUD district if such use is specified in the amending ordinance granting a planned unit development district. The size, location, appearance, and method of operation may be specified to the extent necessary to insure compliance with the purpose of this ordinance.

1.

Development requirements for each PUD district shall be set forth in the amending ordinance granting the PUD district and shall include, but may not be limited to; uses, density, lot area, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.

2.

In the PUD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The particular zoning district must be stated in the granting ordinance.

3.

The ordinance granting a PUD district shall include a statement as the purpose and intent of the PUD granted therein. A specific list is required of variances in each district or districts and general statement citing the reason for the PUD request.

4.

The planned unit development district shall conform to all other sections of Ordinance 819 [3886] (the Zoning Ordinance) unless specifically excluded in the granting ordinance.

5.

A district containing only residential uses will not be created unless it contains at least ten acres. A district containing both residential and nonresidential uses will not be created unless it contains at least 25 acres of land. The Planning and Zoning Commission may recommend approval of and the council may approve a district with less land than specified in this section, if the developer clearly demonstrates that a smaller district would achieve the intent of the district.

1.

Written request and fee for the establishment of a planned unit development district must be accompanied by a conceptual plan and/or final development plan. The conceptual plan or final development plan must be submitted in the form and manner specified by the Director of Public Works or other designee (referred to herein as the "Director").

2.

The conceptual plan, which does not contain the detail required of the final development plan, is intended to provide sufficient information for public comment and for the Planning and Zoning Commission and council to make a preliminary, but not final, determination on the merits of development, without requiring the applicant to incur the expense of preparing a final development plan. In addition to any other information required by the Director, the conceptual plan must contain the following minimum information:

a.

A list of proposed land uses and the acreage devoted to each type of use;

b.

A general site plan showing the approximate location of buildings, parking lots, and streets, the maximum building height, and the setbacks from all boundaries;

c.

The maximum densities for residential uses and the maximum floor area for nonresidential uses;

d.

Significant environmental features including fault lines, wet lands, floodplains, and watercourses;

e.

The areas devoted to common open space;

f.

Stormwater detention system;

g.

A general landscape plan;

h.

Major signs; and

i.

Information relating to the transition between and buffering of differing land uses.

3.

The final development plan is intended to provide all the detailed information of development including all the regulations that will apply to the district. The final development plan submitted must include all the information required by the conceptual plan, but in specific detail, and all the information specified by the Director.

1.

A PUD district may be created by the City Council approving by ordinance a conceptual plan or a final development plan. City approval of a conceptual plan does not give the owner any development rights in the premises; it only gives the owner the right to proceed with the submission of a final development plan. The creation of a PUD district is an amendment to the existing zoning district classification and will be considered by the Planning and Zoning Commission and City Council, after public notice and hearing, in the same manner as other changes in zoning district classification.

2.

If a district is created upon approval of a conceptual plan, a final development plan must be submitted to the Director within one year of the date the conceptual plan was approved. If the final development plan submitted substantially complies with the conceptual plan, the Director may submit the final development plan to the Planning and Zoning Commission and to the council for consideration with or without further public notice or hearing. If the final development plan submitted does not substantially comply with the conceptual plan approved for the district, the notice and hearing procedures applicable to a change in zoning classification apply to approval of the final development plan. The final development plan is not effective unless approved by ordinance of the City Council.

3.

If a final development plan is not submitted within the required time, the Director will initiate a rezoning of the land to the previous zoning district classification. Upon the written request of the owner and for good cause shown, the Director may extend the time for submitting a final development plan for up to one year. Any further extensions must be approved by the City Council, upon the recommendation of the Planning and Zoning Commission.

4.

If development of the district has not been initiated by the issuance of a building permit for land within the district within two years of the date of the approval of the final development plan, the final development plan automatically expires. The council may, prior to expiration of the final development plan, for good cause shown and upon written application of the owner, extend for up to one year the time for which the final development plan is valid. If the final development plan expires, the Director will initiate rezoning of the property back to the previous zoning classification.

This plan shall set forth the final plans for development of the PUD District and shall conform to the date presented and approved on the conceptual plan. Changes of detail on the development plan, which differ from the original concept plan, but do not alter the basic relationship of the proposed development to adjacent property, and which do not alter the uses permitted or increase the density, building height or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site, or does not significantly alter any open space plans as indicated on the approved conceptual plan may be authorized by the Planning and Zoning Commission without public hearing. If an agreement cannot be reached by the Planning and Zoning Commission regarding whether a development plan conforms to the original concept plan, the Planning and Zoning Commission shall follow the procedures for public hearing for zoning change before final approval of the plan. Approval of the development plan shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the Building Official for a building permit. For any residential district, a final plat shall qualify as the development plan. The development plan may be submitted for the total area of the PUD or for any section or part as approved on the conceptual plan. The development plan must be recommended for approval by the Planning and Zoning Commission and approved by the City Council, but a public hearing is not required unless there is change from the approved original concept plan. A public hearing for the development plan shall be required if the hearing requirement is specifically stated at the time of conceptual plan approval in the original amending ordinance.

The development plan shall include:

1.

A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas.

2.

A scale drawing showing any proposed public or private streets and alleys; buildings sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening, and street changes; the description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five feet.

3.

A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between building property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking, and the size and location for ingress and egress to any nonresidential uses.

4.

A landscape plan showing turf areas, screening walls, ornamental planting, any wooded areas and trees to be planted.

5.

An architectural plan showing elevations and signage style to be used throughout the development in all districts, except single-family and two-family, may be required by the Planning and Zoning Commission or City Council if deemed appropriate.

6.

All development plans may have supplemental data describing standards, regulations or other date [data] pertinent to the development of the planned unit development district which is to be included in the text of the amending ordinance.

Development or construction must not begin in a PUD District unless and until the council has approved a final development plan for the district. A district must be constructed, developed and maintained in compliance with the approved final development plan. If the zoning regulations governing height or setback of structures, building lot coverage, off-street parking requirements, signs or other regulations that apply to primary districts are omitted as part of the regulations governing any planned development district, the regulations for the most comparable primary zoning district, as determined by the Director, apply to the PUD district as though specifically contained in the ordinance governing the district.

Except as herein provided, an amendment to a conceptual plan or final development plan must be processed in the same manner as required for the approval of the district. The Director may approve minor amendments to a final development plan to correct errors, make adjustments, or other minor revisions that do not:

1.

Increase the density or intensity of development;

2.

Substantially alter the arrangement of buildings, increase the number of buildings, change the use of building space or reduce a required yard or setback;

3.

Substantially alter the configuration of streets or lots;

4.

Substantially alter the vehicular circulation or placement of parking lots;

5.

Increase the height of buildings;

6.

Reduce the effectiveness of open space or landscaped areas; or

7.

Conflict with other regulations established for the district.