7.1.1

The purpose of the planned unit development district is to provide for the development of planned communities that provide a wide range of land use types designed to function well in relation to one another and to serve the inhabitants thereof or of adjoining districts consistent with the comprehensive plan.

7.1.2

It is also the purpose of the planned unit development district to afford property owners or developers the opportunity to utilize innovative and unique design elements in creating a planned total community. The City of Diamondhead recognizes that certain properties, due to locational criteria and adjacent existing development, may not be utilized to its highest and best use through the application of traditional zoning classification(s).

7.1.3

For purposes of this title, any proposed planned unit development shall consist of at least ten (10) acres in area unless otherwise authorized by the governing authority. A planned unit development should be planned and developed as an integrated unit, in a single development operation or a programmed series of development operations and according to an approved general site plan.

No PUD districts shall be created by the governing authority through the adoption or amendment of the zoning ordinance.

The PUD district shall be established only upon application, after public hearing as specified in the amendatory procedures of Article 2, and shall require approval of an outline plan which, when zoning is granted, will govern the development of the land and all development plans thereof. The application fee for establishing a PUD shall be the same fee as for any other zoning amendment request.

The minimum area for a PUD district shall be ten (10) acres unless a smaller area can be shown to be sufficient to provide for a genuinely unique development.

A list of permitted uses within each planned unit development must be submitted with the application for establishment of the district and the outline plan and must be approved by the governing authority upon application by the owner of the property.

An application for rezoning to PUD district shall be accompanied by:

A.

An outline plan drawn to a scale of not less than one inch equals one hundred feet (1"=100') or a larger scale suitable to the size of development if approved by the Zoning Administrator. The Outline plan shall include, at a minimum, the following information:

i.

Boundary description, including area, bearings and dimensions of all property lines both bounding the limits of the PUD and those internal to the PUD, if any;

ii.

The locations of existing roads with both the existing and proposed rights-of-way from centerline, and the location of proposed points of ingress into and egress from the site;

iii.

Existing topography, with contour intervals sufficient to indicate the topography of the site, but in no case to exceed a two-foot (2') interval.

iv.

The location of all mature tree growth. Mature tree growth shall be defined as trees 5 inches or greater in diameter at 4½ feet above the ground;

v.

Grading and drainage information, including preliminary proposals for on-site detention of stormwater, if necessary, in accordance with city stormwater drainage policy set forth in the city's Subdivision Regulations;

vi.

Vicinity map, North arrow and scale (graphically and numerically);

vii.

Tie-in dimension from property corner to nearest to existing street(s) and to section corner;

viii.

Locations and types of existing easements, including instrument references, and proposed utilities and easements;

ix.

The title block, including the unduplicated name of planned unit development, outline plan, Engineer's and Developer's names, total acreage, date of draft/revision;

x.

Individual parcel numbers/letters, the amount of acreage on each (and designated use, if applicable);

xi.

Proposed landscape buffers (shown on the plan graphically and in cross section);

xii.

Names of abutting property owners or subdivisions.

B.

Text presenting the following information:

i.

Proposed land uses and residential densities, along with the proposed dimensional requirements for each such land use;

ii.

Proposed primary circulation pattern;

iii.

Proposed parks and playgrounds or other public use facilities;

iv.

Delineation of the units or phases to be constructed, together with a proposed timetable;

v.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space;

vi.

Relation to the comprehensive plan and to land uses in the surrounding area;

vii.

Estimates of traffic volumes generated by the completed project;

viii.

Any other governing restriction or allowance necessary for the development of a genuine, unique community. In the event the governing text is silent on an issue otherwise regulated by City ordinance, then the City's ordinance shall govern.

The Zoning Administrator may require the applicant to provide additional data in support of the PUD proposal if such material is deemed reasonable and essential to the consideration of the project. Such material may include, but not be limited to, studies of traffic generation, drainage, sewers and public utilities, marketing and economic feasibility analyses or other issues, which may be pertinent to the site and surrounding area.

The Zoning Administrator shall review and confer with other City Department Heads or with outside agencies interested in or affected by the proposed PUD on the requested development plan. Such review may consider, but not be limited to, the following factors:

A.

Whether or not the proposed outline plan is designed so as to be genuinely unique, and that the post-development land uses and spatial development patterns will be unlike those achieved through the use of traditional zoning districts;

B.

The conservation of natural resources on the property proposed for development, including trees and other living vegetation, steep slopes, watercourses, flood plains, soils, air quality, scenic views and historic sites;

C.

The provision of safe and efficient vehicular and pedestrian transportation both within the development and the community;

D.

The provision of sufficient open space to meet the needs of the proposed development;

E.

The provision of adequate drainage facilities and on-site drainage retention in order to prevent drainage problems from occurring on the subject site or within the community;

F.

The compatibility of the overall development plan with the existing land use in the surrounding area;

G.

The existence and/or provision of adequate community facilities to serve the proposed development (i.e., water, sewer and other utilities, streets, fire hydrants, site lighting, gas, electricity, telephone service and similar information);

H.

Conformance of the site development plan with the comprehensive plan, any other applicable requirements of the zoning ordinance, subdivision regulations, or any other land use control regulations of the City of Diamondhead.

A.

The Zoning Administrator, along with other appropriate city Department Heads, shall study the outline plan, text and supporting data, make suggestions for changes and adjustments, and recommend conditions for the approval of the plan as necessary. After the Zoning Administrator reviews the outline plan and text, he shall recommend approval, disapproval or approval with conditions of the outline plan to the Planning Commission. The amendatory procedures set out in Article 2 of this Ordinance shall govern the processing of an application for PUD.

B.

Within sixty (60) days after the final action by the governing authority, the applicant shall submit a revised outline plan and text to the Zoning Administrator, and said revised outline plan and text shall incorporate any and all conditions imposed upon the proposed development for approval. If no revised plan has been submitted within the required 60-day period the application shall be deemed withdrawn. If the outline plan and text was approved by the governing authority with no conditions or revisions, then no revised outline plan or text shall be required.

C.

If an application for an amendment to classify property in the PUD District is denied by the governing authority, a reapplication pertaining to the same property and requesting the same PUD amendment may not be filed within 18 months of the date final action was taken on the previous application unless an alternate time frame is approved by the governing authority.

D.

No building permit shall be issued until a final plan (as required in Section 7.11 below) of the proposed development, or phase thereof, is received and on file with the City.

An application for an amendment to an outline plan shall be filed with the Zoning Administrator, which application shall be accompanied by the fee established in Article 2, Section 2.8.7 of this Ordinance. The procedure for amending the outline plan shall be the same as that required for the initial establishment of the PUD.

7.11.1

The Final Plan shall consist of a two-stage review process that may occur concurrently. The first stage of review shall be that of a detailed site plan review and the second stage shall be that of a final plat review. The detailed site plan review must precede the final plat review. The specific requirements for these final plan documents are set out in Sections 7.12 and 7.13.

7.11.2

The final plan procedure may be initiated at any time after approval of the outline plan by the governing authority. The final plan documents shall be reviewed by the Zoning Administrator in order to establish that it substantially meets the conditions of the outline plan. After the Zoning Administrator reviews the final plan documents, he shall recommend approval, disapproval or approval with conditions of the same to the Planning Commission. It shall only be necessary for the governing authority to act upon the final plat.

The detailed site plan must provide for and conform entirely to the following standards and requirements:

A.

Off-street parking and loading shall be provided as prescribed in Article 8 of this Ordinance. Reductions or variations in the required parking may be recommended by the Zoning Administrator and approved by the governing authority if suitable alternatives are presented.

B.

Street widths and improvements must conform to the requirements established by the Subdivision Regulations and the Comprehensive Plan; however, alternative design cross sections of minor roadways may be presented for consideration and approval at the time of outline plan review.

C.

Provisions for water supply and sanitary sewer connections shall be made to the satisfaction and requirements of the governing authority and the appropriate state authority.

D.

Drainage provisions: A means of on-site drainage retention shall be provided to control stormwater runoff so that surface waters will be properly disposed of without adversely affecting neighboring properties through erosion, flooding and other drainage problems. Drainage provisions shall be made to the satisfaction and requirements of the city engineer and the governing authority.

E.

Landscape screening to provide a buffer between differing land uses must be provided. Required screening shall not be considered as part of the rear yard setback requirement.

F.

A minimum total area of ten (10) percent of the gross residential area shall be set aside as parks and playgrounds. Of this ten (10) percent, a maximum of one-half may be covered with water. A maximum of five (5) percent of the area designated to be parks and playgrounds may be covered with structures to be used in the recreational use of the area. Parks and playgrounds must be suitably improved for their intended use, but parks and playgrounds containing natural features clearly worthy of preservation may be left unimproved.

G.

The Zoning Administrator may require other special improvements, if they are deemed reasonable and essential.

A site plan with supporting data shall be prepared and submitted to the Zoning Administrator, drawn to a scale of not less than one hundred (100) feet to the inch and shall include the following information:

A.

Boundary description, including area, bearings and dimensions of all property lines;

B.

Tie in dimension from property corner to nearest existing street(s) and to section corner;

C.

Locations and types of existing and proposed utilities and easements;

D.

Existing topography, with a contour interval sufficient to indicate the topography of the site, but in no case to exceed a two-foot (2') interval;

E.

The location of points of ingress to and egress from the site;

F.

The location of all mature tree growth. Mature tree growth shall be defined as trees 5 inches or greater in diameter at 4½ feet above the ground*;

G.

A grading and drainage plan including proposals for on-site retention of storm drainage as well as general details of all surfaced areas*;

H.

Existing tree masses to remain, streams, floodplain and other natural features;

I.

Vicinity map;

J.

Estimates of traffic volume generation from the completed project along the boundary streets.*

K.

Title block, including name of development, phase number, developer/owner, engineer, section, township and range, acreage, zoning;

L.

Location/footprint of proposed buildings, including height in stories and feet, floor area ratio, total floor area, and total square feet of ground area coverage. It shall not be necessary to show building footprints for single-family residential units unless deemed necessary by the Zoning Administrator;

M.

Provisions for landscape screening and buffering shall be represented graphically in plan view and elevation view on the site plan.

N.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space.*

O.

The location, arrangement and dimensions of:

i.

Existing and proposed streets and driveways;

ii.

Adjacent streets;

iii.

Sidewalks;

iv.

Parking areas, including the number of off-street parking spaces;

v.

Points of ingress and egress;

vi.

Off-street loading areas;

vii.

Other vehicular, bicycle or pedestrian rights-of-way;

P.

Drainage provisions: On-site drainage retention shall be provided to control stormwater runoff so that surface waters will be properly disposed of without adversely affecting neighboring properties through erosion, flooding and other drainage problems. Drainage provisions shall be made to the satisfaction and requirements of the Zoning Administrator.*

*Requirement may be waived by the Zoning Administrator, if deemed appropriate.

Requirements for the final plat for recording for a PUD shall be as follows:

A.

The final plat for recording shall conform to the requirements of any Subdivision Regulations in effect for the City of Diamondhead;

B.

A statement or otherwise appropriate representation of any conditions imposed by the Governing Authority or Zoning Administrator;

C.

Delineation of building setback lines, limits of buffer areas or landscape screening, and open space areas in accordance with the approved outline plan;

D.

Any other notations or markings necessary to memorialize and illustrate features of the proposed PUD, as determined by the Zoning Administrator or governing authority.

The Zoning Administrator and Planning Commission shall consider, but not be limited to, the following factors in review of the final plan documents:

A.

The conservation of natural resources on the property proposed for development, including trees and other living vegetation, steep slopes, watercourses, flood plains, soils, air quality, scenic views and historic sites;

B.

The provision and location of appropriate access to provide for the safety and efficiency of vehicular and pedestrian traffic both within the development and along adjacent streets;

C.

The provision of sufficient open space, landscaping and buffering to meet the requirements of the outline plan;

D.

The provision of adequate drainage facilities and on-site drainage retention in order to prevent drainage problems from occurring on the subject site or within the community;

E.

The conformance of the site design (location of buildings, parking lots, screening, landscaping) with the approved outline plan and governing text;

F.

The existence and/or provision of adequate community facilities to serve the proposed development (i.e., water, sewer gas, electricity, streets, fire hydrants, and site lighting);

G.

Conformance of the final development plan with the approved outline plan and governing text, and any other applicable requirements of the zoning ordinance, subdivision regulations, or any other land use development regulation adopted by the City of Diamondhead.

Upon approval of the final plat by the governing authority, the Zoning Administrator shall cause to be recorded the final plat in the office of the Chancery Clerk of Hancock County, Mississippi, after the required signatures for recordation have been secured. The procedure for recording the final plat for the PUD shall be the same as though it were a typical subdivision plat. No building permit shall be issued until a final plat of the proposed development, or portion thereof, is approved, filed and recorded. After approval, filing and recording of the plan, a building permit may be issued in accordance with the approved plan.

The Zoning Administrator shall develop the necessary forms and applications to properly administer the provisions of this Section, and the Zoning Administrator may from time to time amend said forms and applications as needed to effectively and efficiently carry out these provisions.