Provision of a planned unit development by this chapter in no way guarantees a property owner the right to exercise the provisions of the planned unit development. Planned unit developments shall be approved by the planning commission only if in their judgment the proposed development fully meets the intent and purpose and requirements of this title. (1998 Code § 17.56.010)

   A.   The purpose of the planned unit development is to allow diversification in the relationship of various uses and structures to their sites and to permit more flexibility in the design of a development. A planned unit development is a rezoning and the planned unit development constitutes an overlay zone. The application of planned unit concepts is intended to encourage good neighborhood, housing or area design, public health, safety and general welfare, and at the same time, securing the advantages of large scale site planning for residential or commercial developments, or combinations thereof.

   B.   Planned unit development may be:

      1.   The development of compatible land uses arranged in such a way as to provide desirable living environments that may include private and common open spaces for recreation, circulation and/or aesthetic uses;

      2.   The conservation or development of desirable amenities not otherwise possible by typical development standards;

      3.   Creation of areas for multiple use that are of benefit to the neighborhood or environment of the area. (1998 Code § 17.56.020)

   A.   Minimum Area: No planned unit development shall have an area of less than ten (10) acres.

   B.   Location To Public Services And Facilities: All planned unit developments shall be located where adequate public services and facilities are available to meet the needs of residents.

   C.   Public Hearing Required: Since planned unit developments are considered their own zoning district, all applications require a public hearing.

   D.   Ownership: The development shall be in single, partnership or corporate ownership, or under option to purchase by an individual or a corporate entity at the time of application, or the application shall be filed jointly by all owners of the property.

   E.   Structures, Open Spaces: The planning commission shall require such arrangements of structures and common or public open spaces with the site development plan as necessary to assure that adjacent properties will not be adversely affected.

   F.   Height, Intensity Of Uses: Height and intensity of buildings and uses shall be arranged around the boundaries of the planned unit development or zones. However, unless conditions of the site so warrant, buildings located on the periphery of the development shall be limited to a maximum height of two (2) stories.

   G.   Area, Width, Coverage: Lot area, lot width, yard and coverage regulations shall be determined by approval of the site plan.

   H.   Density: Density of dwelling units per acre may be doubled as allowed in the district in which the planned unit development is located.

   I.   Cluster Development: The minimum area requirement may be reduced to a specific minimum lot size for cluster development.

   J.   Minimum Open Space: The common or public open space minimum required for a planned unit development shall be twenty five percent (25%) of the total acreage.

   K.   Preservation, Maintenance And Ownership Of Open Space: Preservation, maintenance and ownership of required common or public open space within the development shall be accomplished by:

      1.   Dedication of the land as a public park or parkway system; or

      2.   Complying with the provisions of the condominium ownership act, Utah Code Annotated section 57-8-1 et seq., as amended, which provides for the payment of common expenses for the upkeep of the common areas and facilities.

   L.   Landscaping, Fencing, Screening: Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the planning commission, together with other required plans for the development. (1998 Code § 17.56.030)

The applicant shall submit a planned unit development plan for the total area within the proposed development. If the planned unit development is to be developed on a phase basis, each phase shall be of such size, composition and arrangement that its construction, marketing and operation is feasible as a unit independent of any subsequent phases. Final approval shall be given only to one phase at a time. The county subdivision ordinance, as it now or hereafter exists, applies to all preliminary and final planned unit development plats. The general site plan shall show, where pertinent:

   A.   The use or uses, dimensions, sketch elevations, and locations of proposed structures;

   B.   Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping and other open spaces;

   C.   Total number of acres in proposed development;

   D.   Such other pertinent information, including, but not limited to, residential density, coverage and open space characteristics shall be included as may be necessary to make a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title. (1998 Code § 17.56.040)

All applications for a planned unit development shall be made in accordance with the provisions of this title and shall be the subject of a public hearing held before the planning commission for approval, for which a minimum of fourteen (14) days' public notice has been provided, and the planning staff notifying all property owners by U.S. mail within three hundred feet (300') of the proposed planned unit development. The applicant shall provide all required information to the planning office twenty one (21) days prior to the planning commission meeting. (1998 Code § 17.56.050)

The planning commission is authorized to render a final decision of approval or disapproval for an application for a planned unit development. In addition, the planning commission may attach such conditions as it may deem necessary to ensure compliance with the purposes set forth in section 8-8-2 of this chapter. If approved, the proposed planned unit development has met the subdivision preliminary approval and then may proceed to development in accordance with the county subdivision ordinance, using the same criteria as final plat approval. (1998 Code § 17.56.060)

   A.   Conformance To Plan Required: Upon approval of a planned unit development, construction shall proceed only in accordance with the plans and specifications approved by the planning commission and the county commissioners, and in conformity with any conditions attached by the commissioners to its approval. Amendments to approved plans and specifications for a planned unit development shall be approved by the county commission and shown on the approved plans.

   B.   Building Permit: The building official or any other county department shall not issue any permit for any proposed building, structure, activity or use within the project unless such building, structure, activity or use is in accordance with the approved development plan and any conditions imposed in conjunction with its approval.

   C.   Certificate Of Occupancy: The building official shall issue a certificate of occupancy for any building or structure upon its completion in accordance with the approved development plan. (1998 Code § 17.56.070)

Fees for planned unit developments shall be the same as a zone ordinance/map amendment, plus each lot shall be assessed the same as a subdivision application for both preliminary and final plat stages. (1998 Code § 17.56.080)