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Diberville City Zoning Code

ARTICLE 7

PLANNED UNIT DEVELOPMENT

7.1 - POLICY ON PLANNED UNIT DEVELOPMENTS

7.1.1 Purpose of Provisions. Under the regulations prescribed by this ordinance for the various districts, a separate site is required for each structure other than an accessory structure. For the purpose of allowing and encouraging greater variety of design and flexibility of location for buildings comprising a planned group and occupying an area of two (2) or more acres, the provisions of this section waive the requirement for a separate building site for each building and permit two (2) or more buildings to be erected and maintained on the same building site where the planning commission finds that certain conditions hereinafter set forth are met. Examples of such building groups that might be erected under the provision of this section are multiple-family dwelling projects and shopping centers.

7.1.2 Option and Limitations. The use of this section in connection with the development of any land or the construction of any building or group of buildings is optional with the applicant. The provisions of this section are applicable in all districts; provided, however, that nothing in this section shall be construed to permit in any district any use not permitted in that district as a use by right or with planning approval or by conditional use approval.

7.2 - CONDITIONS TO BE MET BY PLANNED UNIT DEVELOPMENT

7.2.1 District Regulations. Every building group erected and maintained under the provisions of this section shall comply with all of the regulations established by this ordinance for the district in which the building group is located except the regulation requiring a separate building site to be provided and maintained for each principal structure. Such building group may be considered as one building for the purpose of complying with the building site area, height, yard, and other regulations of the ordinance. With respect to residential uses, building site area per dwelling unit may be reduced not to exceed twenty (20) percent where common open space provided justified such reduction by its location, character, and intended use.

7.2.2 Site Plan and Improvements.

A.

Adequate facilities for the drainage of surface water, including storm sewers, gutters, paving, and the proper design of finished grades.

B.

Adequate facilities for the safe and convenient circulation of pedestrian and vehicular traffic, including walks, driveways, off-street parking areas, and landscaped separation spaces between pedestrian and vehicular ways.

C.

In dwelling building groups, adequate and safely located play areas for small children shall be included.

D.

The buildings in a planned unit development shall be so arranged that every building is accessible by emergency vehicles.

7.3 - PROCEDURE ON SPECIAL PLANS FOR PLANNED UNIT DEVELOPMENTS

7.3.1 Procedure on Preliminary Special Plan. Submission of a preliminary plan is not mandatory, but is recommended as a means to identifying and solving design problems.

A.

An application for approval of a preliminary plan for a planned unit development shall contain the following information:

i.

The applicant's name, address, and interest in the application.

ii.

A site plan, which may be in a sketch form, showing the land area to be occupied by the planned unit development, its approximate dimensions, easements and rights-of-way, the relation of the planned unit development to adjoining properties, the general layout of buildings, the arrangement of driveways, parking areas, loading areas, walks, screen planting, and other landscaping, and such additional information as may be needed to describe the proposed planned unit development. Elevations or perspective sketches of the proposed planned unit development may be submitted.

B.

Upon receipt of an application for preliminary plan approval of a planned unit development, the Building Official shall examine the plan and make such investigation as is necessary. Within thirty (30) days of the receipt of an application, the Building Official shall transmit the application, together with the report and recommendation, to the Planning Commission. The Building Official shall also transmit a copy of the application, and such department or agency shall transmit its report and recommendation to the Planning Commission.

C.

Within forty-five (45) days of receipt of an application for preliminary plan approval, the Planning Commission shall review the application and shall approve or disapprove the preliminary plan; approval may establish conditions and limitations. The Planning Commission shall return the application, together with its report of approval or disapproval, to the Building Official and the Building Official shall notify the applicant.

D.

Approval of a preliminary plan shall not constitute approval of the planned unit development but shall be deemed only as an expression of approval of the preliminary plan submitted as a guide to preparation of a final plan. Approval of a preliminary plan shall be void if a final plan has not been submitted within one (1) year.

7.3.2 Procedure on Final Special Plan. Submission of a final plan in accordance with the following provisions is mandatory for planned unit developments.

A.

An application for approval of a final pan for planned unit development shall contain the following information:

i.

The applicant's name, address, and interest of every person, firm, or corporation represented by the applicant in the application; the name of the owner or owners of the entire land area to be occupied by a planned unit development.

ii.

A site plan showing the land area to be occupied by the planned unit development, with its boundaries and dimensions; all public and private easements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties; proposed contours not to exceed two (2) foot intervals and necessary finished grade; the location, number of stories, and gross floor area of proposed principal buildings and accessory buildings, curb cuts, driveways, off-street parking areas, off-street loading areas, and walks; open areas to be set aside for special purposes; the location and height of proposed walls, fences and screen planting; the types of additional information as may be necessary to described completely the planned unit development. Elevation or perspective of the proposed building group shall be submitted.

B.

The same procedure for administrative examination and review by Planning Commission set out for the preliminary plan shall be followed in respect to a final plan.

7.3.3 Filing and Recording of Special Plan. Upon approval of the final plan, a copy of the site plan shall be filed among the records of the Building Official and the original thereof recorded with the official zoning map of the city, as a part thereof and shall thereafter be binding upon the applicants, their heirs, successors, and assigns, shall limit and control the issuance and validity of permit and certificates, and shall restrict and limit the use and operation of all land and structure within the area designated in such plan to all conditions and limitations specified in such plan and the approval thereof; provided, however that the Building Official may, upon a showing of engineering necessity, permit minor changes in the location of structures and site improvements, if such minor change will not change the character of the development, or otherwise cause the plan to fail to meet the conditions specified herein.

7.3.4 Amendment or Withdrawal of Special Plan. Pursuant to the same procedure and subject to the same limitations and requirements by which a final plan was approved, filed and recorded, it may be amended or withdrawn, either partially or completely, if all land and structures remaining comply with all the conditions and limitations of the final plan and the approval thereof and all land and structures withdrawn comply with all regulations established by all other sections of this ordinance.