The PUD Zone is designed to permit the creative use of land to its fullest. The PUD exists in order to encourage developments with superior living, working, shopping and/or service environments through the application of design ingenuity and unified development techniques.

The PUD Zone is intended to further promote the public health, safety, and general welfare of the citizens of Flatwoods through the provision of land development regulations which:

A.

Act to implement the comprehensive plan.

B.

Allow for a choice of residential housing types and types and density patterns while supplying amenities which benefit the public such as privacy, open space, recreational facilities, and convenience to public facilities, retail, services and employment centers.

C.

Minimizes the development cost associated with the installation and maintenance of street and utility systems by allowing common-wall construction and clustering of structures.

D.

Allow the clustering of structures in a manner which encourages that environmentally sensitive areas and significant natural features such as sinkhole basins, steep slopes, flood plains, unstable soils and bodies of water to be left as natural open space to be enjoyed by the residents/users of the PUD and/or the community in general.

In order to achieve these objectives, the PUD Zone contains a minimum of dimensional requirements and allows the mixing of land uses in a controlled manner which insures compatibility.

No use is precluded from the PUD Zone. Mixing of various land uses are also allowed as long as such mixing is in conformance council find with the comprehensive plan. Land uses shall be allowed in a PUD if both the planning commission and the city that the PUD is designed in such a manner which makes the proposed land uses compatible with other land uses within the PUD and with all surrounding land uses.

The land in a PUD shall be owned, leased or controlled by a single person, corporation, organization or group of associated individuals. If land within a PUD is sold and/or ownership or controlling interest transferred, said action shall be conditioned upon the new owners or controlling interest agreeing to build develop the lot/land in accordance with the approved preliminary and/or final PUD site plan. Building permits shall only be issued for structures which confirm to the approved final PUD site plan.

A.

The minimum zone area for a PUD shall depend on the proposed land use types to be included within it. The zone area shall be determined as follows:

1.

Low density residential PUD's (Four (4) or less units/acre net density): Five (5) acres.

2.

Medium density residential PUD's (Five (5) to twelve (12) units/acre net density): Two (2) acres.

3.

High density residential PUD's (over twelve (12) units/acre): One (1) acre.

4.

Any PUD containing commercial and/or service land uses on a mixed land use basis with residential land uses shall provide lot areas at least two (2) times that required for the particular residential land use, i.e., a low density PUD with a limited amount of commercial use shall be placed upon at least ten (10) acres of land.

5.

Commercial and/or service PUD's (exclusively): Two (2) acres.

6.

Industrial PUD's: Ten (10) acres.

B.

In calculating the minimum area for a PUD the measurements shall include the area of all streets entirely within the particular site.

C.

The net residential density shall be determined by dividing the area of a particular site specifically designed for residential use by the proposed number of residential units to be placed on the site. Private and/or public open space or recreational areas may be included in the residential area; however, the following areas within a site shall not be included in calculating the area dedicated for residential use:

1.

Private and public streets.

2.

Areas contained within the one hundred (100) year flood plain; to include major drainage channels and sinkhole basins which meet the one hundred (100) year criteria.

3.

Areas with slopes exceeding twenty (20) percent.

4.

Other areas with environmental constraints which make these unusable for normal residential use.

5.

Areas containing non-residential structures.

6.

Lots or land areas associated exclusively with non-residential uses.

A.

Transportation/access.

1.

Every structure with a PUD shall have sufficient guaranteed access to a public street; either via direct frontage or via a private street, court, land or parking facility.

2.

All private transportation facilities shall be contained within a pedestrian or vehicular access easement.

3.

All pedestrian and vehicular transportation facilities shall be built in accordance with the applicable sections of the Flatwoods Subdivision Regulations. This includes, but not limited to: sidewalks, streets, land, and driveway entrances.

B.

General lot development and design standards.

All PUD lot development shall be done in accordance with the design and improvement standards set forth in Article IV and the general development standards set forth in Article III of this ordinance.

C.

Set-backs and dimensional requirements.

1.

There shall be no minimum spacing between buildings. However, the following conditions shall be met:

a.

Buildings shall be constructed with the appropriate amount of firewall as set forth in the building code for their proposed distance to an adjacent structure.

b.

Buildings shall be placed in such a manner that emergency success or other designed or required access is not hindered.

c.

Buildings shall be placed in a manner which allows for the proper placement of utility infrastructure and/or drainage channels.

d.

Buildings shall be so placed as to provide adequate privacy for the occupants and to insure the adequate circulation of light and air.

2.

There shall be no minimum set-backs except that the structures on the outer perimeter of the zone shall meet the front, rear and side-yard set-backs for the adjacent zone. In the case where there is more than one (1) adjacent zone set-backs, the most restrictive of these zones shall be met.

3.

There shall be no minimum lot size other than the minimum zone area shall be met.

4.

The planning commission may increase, decrease or change in any manner any set-back, dimensional, spacing or lot area requirement which they deem is in the best interest of protecting the health, safety, and welfare of the community and/or which they feel will improve the internal and/or external compatibility of the PUD.

5.

All structures, landscaping or fencing shall meet the clear intersection view requirement for corner lots as set forth for all other zones.

D.

Accessory buildings: Accessory buildings may be constructed in a PUD in accordance with their location on the PUD site plan. Accessory buildings shall not be approved or placed in easement areas unless the written approval has been obtained from the organization for whom the easement has been reserved.

E.

Fences: No fences shall be allowed in the PUD unless they are illustrated on an approved PUD site plan and the planning commission has approved their location, height, and building material.

F.

Parking Requirements:

1.

The number of off-street parking spaces required depends on the specific land use as set forth in Article XI.

2.

Open parking areas for more than six (6) vehicles shall be screened or buffered from adjacent structures in order to minimize potential nuisances caused by such parking areas and to increase the internal and external compatibility.

3.

Open parking areas for more than twelve (12) vehicles shall contain at least ten (10) square feet of landscaped area per space, a portion of said plantings shall be trees which will provide summer shading of the parking area.

4.

All parking facilities shall be built in accordance with the parking standards as set forth in Article XI.

G.

Open space: All PUD's shall provide a minimum amount of landscaped and/or vegetated open space, as per the following standards:

1.

Residential PUD's (density is based upon net density):

a.

Low density PUD's (four (4) or less units/acre): Six thousand (6,000) square feet/unit.

b.

Medium density PUD's (five (5) to twelve (12) units/acre): Three thousand (3,000) square feet/unit.

c.

High density PUD's (more than twelve (12) units/acre): One thousand five hundred (1,500) square feet/unit.

2.

Commercial and/or industrial PUD's: Thirty (30) percent of the site shall be contained within vegetate and/or landscaped open space.

3.

PUD's in which commercial and/or industrial uses are mixed with residential uses — as a minimum the amount of open space required for the specific residential density shall be left as vegetated and/or landscaped open space; however, in no case shall this equal less than thirty (30) percent of the site area.

4.

Open space distribution — the required usable open space shall be distributed throughout the PUD; however, the greatest quantity of usable open space shall be placed in close proximity to the concentration of dwelling units,

5.

Development of open space — all open space provided to meet these requirements shall be developed to the degree that it may be used by the residents of the PUD and/or the general public for normal living and/or recreational purposes.

6.

Natural open space — it is strongly recommended that any natural features on a PUD site which have severe environmental and/or topographical constraints be left as natural open space although it cannot be used to meet the required open space area unless it can be used for normal living and/or recreational purposes.

H.

Landscaping: All PUD's shall be appropriately landscaped so as to protect, preserve and promote the aesthetic character and value of the PUD and to provide buffering which acts to increase the compatibility between the different land use types within the PUD and between the PUD as a whole and the adjacent land uses on the perimeter. Landscaping shall also be used to promote public health, safety, and general welfare through the reduction of noise, air pollution, artificial light glare, and visual discord.

I.

Site, street, and lot layout:

1.

In order to reduce development cost and to eliminate damage to environmentally sensitive areas, the portions of a site which require extensive site preparation, such as steep slopes, flood plains, and sinkhole basins should be left as open space areas or developed at a very low density.

J.

Signs: Signs shall be regulated within the PUD Zone depending on the land use associated with the sign and its intended function.

1.

Residential signs.

a.

Individual household signs — each dwelling unit shall be permitted one (1) sign, not to exceed two (2) square feet of surface area (may be double-faced). Said sign shall state the residents name and address. Such signs shall not be moving, flashing, or internally lighted.

b.

Multi-family building signs — each residential building containing three (3) or more multiple dwelling units shall be permitted one (1) building identification sign. Said sign shall not exceed six (6) square feet of surface area (may be double-faced), shall not be located any closer than five (5) feet from a property line and/or a street pavement and shall not be moving, flashing or internally illuminated. Said signs shall be indicated on the PUD site plan and shall have their location, height, and material approved by the planning commission.

2.

PUD identification signs. PUD may place identification signs at all entrance points, said sign may identify the name of the PUD, the developed, and any significant facts concerning the PUD and the name and number of a contact person. Said sign shall not exceed twenty (20) square feet (may be double-faced), shall not be moving, flashing or internally illuminated. Said signs shall be indicated on the PUD site plan and shall have their location, height, and material approved by the planning commission.

3.

Commercial signs.

a.

One (1) on-premises, non-flashing, non-moving, pedestal or pole-type sign for each major independent commercial building not to exceed fifty (50) square feet (may be double-faced). One (1) such sign shall be allowed on each street frontage. Said sign shall not exceed twenty-five (25) feet in height, and shall be located within one hundred (100) feet of the commercial structure.

b.

Each commercial structure shall also be allowed one (1) non-moving, non-flashing identification sign not to exceed twenty (20) square feet in surface area to be placed upon each exterior wall of the structure which is exposed to normal vehicular and/or pedestrian traffic. Said signs shall be located below the roof and shall be architecturally integrated with the building upon which it is placed.

c.

Each office or service establishment within a commercial building shall also be allowed one (1) non-moving, non-flashing identification sign not to exceed four (4) square feet in surface area. Said sign shall be located no higher than six (6) feet above the grade of the pedestrian walkway or outer grade if the structure and shall be architecturally integrated with the building upon which it is placed.

4.

Industrial signs.

a.

Each industrial building or group of buildings shall be allowed an identification sign at each major entrance. Said sign shall be non-flashing and non-moving and shall not exceed sixty (60) square feet of surface area (may be double-faced).

b.

Each industrial building may also contain one (1) identification sign on each exterior wall which is exposed to normal vehicular and/or pedestrian traffic. Said sign shall be attached and parallel to said structure and shall not exceed thirty (30) square feet not be flashing or moving.

5.

Institutional and community facility signs. Each institution or community facility was within a PUD shall be permitted one (1) identification sign for each major entrance. Said sign shall not exceed thirty (30) square feet of surface area (may be double-faced) nor may it be flashing or moving. The sign may either be located along any exterior wall of the building or as a free-standing pole sign in which case it shall not exceed five (5) feet in height above the grade of the ground.

6.

Miscellaneous signs. Other minor miscellaneous information and directional signs may be allowed within a PUD at the planning commission's discretion; however, said signs shall not be moving, flashing or contain more than four (4) square feet of surface area on any one (1) side.

K.

Compatibility standard: All land uses within a PUD shall be designed so that they are compatible with each other and with all adjacent land uses. PUD's shall create an environment of sustained desirability and stability which will have a positive long-term impact upon the community.

The PUD process combines and zoning and subdivision approval process the result is that approval of PUD will, in most cases, be a two-step process and each step will consist of two (2) separate acts. The steps, acts, and associated actions are as follows:

A.

Preliminary approval—Step 1:

1.

Application for PUD Zoning classification.

a.

Rezoning application filed with the planning commission.

b.

Preliminary PUD plat and preliminary PUD plat and preliminary PUD plan submitted with rezoning application.

c.

Rezoning public hearing scheduled by planning commission.

d.

Rezoning request; preliminary PUD plant and preliminary PUD site plan reviewed by public and planning commission at the public hearing.

2.

Approval of PUD Zone. Follows the same approval process as all other rezoning requests as outlined in Article VI.

3.

Approval of preliminary PUD plat. Shall follow the same approval process and design format as preliminary plat for major subdivisions as set forth in the Flatwoods Subdivision Regulations.

4.

Approval of the preliminary PUD site plan.

a.

Requires both planning commission and city council approval.

b.

Shall be designed and reviewed in accordance with the provisions of this ordinance.

c.

In ruling on both the plat and the plan, the planning commission and city council shall have the same action options, follow the same time-frame, and review procedures as for normal preliminary subdivision plats.

5.

The rezoning request, preliminary PUD plat and the preliminary PUD site plan shall be considered by the planning commission at the same time.

6.

The rezoning request, the preliminary PUD plat and PUD site plan shall be considered by the city council at the same time.

7.

Approval of the PUD site plan shall be good for twelve (12) months unless an extension has been granted in accordance with Article II, Section 2.6F of the Flatwoods Subdivision Regulations.

8.

Once the commission and council approve of the preliminary PUD plat and the preliminary PUD site plan has been obtained, the property shall be designated as a PUD Zone. However, no building permits shall be issued nor any building constructed until after the final PUD plat and the final PUD plan have been approved by the commission.

B.

Final approval—Step 2.

1.

Application for approval of the final PUD plat and final PUD site plan.

a.

Submission of the final PUD plat developed in accordance with the standards for final plats as set forth in the Flatwoods Subdivision Regulations.

b.

Submission of the final PUD site plan developed in accordance with the standards for final PUD plans as set forth in this Ordinance.

2.

Planning commission action of the final PUD plat and the final PUD site plan. In ruling on both the plat and the plan, the planning commission shall have the same action, options, follow the same time frame, and review procedures as for normal subdivision final plats.

3.

Once the final PUD plat and the final PUD site plan have received planning commission approval and have been properly filed, building permits may be issued for structures with the PUD in accordance with said plans

Preliminary PUD plats shall be developed in accordance with the standards for major subdivision preliminary plats set forth in the Flatwoods Subdivision Regulations. Said plat will be considered as a major subdivision even though it may only contain one (1) lot.

The preliminary site plan shall be superimposed upon the preliminary PUD plat and shall contain all of the information required to be placed upon preliminary plats as well as the following additional information to be provided on the same and/or separate sheets.

A.

The location of all structures, to be labelled by proposed land use.

B.

The general layout of all parking facilities, including the number and size of parking spaces to be provided and the location and size of all curb-cuts, driving lanes, and/or access alleys.

C.

Information regarding number and nature of all residential units, including:

1.

The total number of units;

2.

The breakdown of bedroom types;

3.

The architectural style, i.e., townhouse, efficiency, etc.

D.

Information concerning the land area involved in the PUD, including:

1.

The total land area contained in the PUD;

2.

The total land area contained within environmentally sensitive areas which are proposed to the left as open space;

3.

The total land area to be used solely for residential use;

4.

The total land area to be used for uses other than residential, broken down by the specific land area for each use type.

E.

The net residential density proposed for the PUD, which shall be calculated in the manner set forth in section 1900.4 of this article.

F.

The general location, layout, and vegetation types to be used for landscaping.

G.

The general location, design, and building material for any fences or walls.

H.

The general location for any street and/or security lighting.

I.

The general location for any garbage dumpsters.

J.

The location of any common open space and/or recreational areas and information regarding whether it is intended for private or general public use.

K.

Information regarding any areas proposed to be dedicated to the public for common use and public maintenance.

L.

All designs illustrated on the preliminary development plan shall conform to the design standards set forth in section 1900.5 of this regulation.

Final PUD plats shall be developed in accordance with the design, format, and content standards for major subdivision final plats as set forth in the Flatwoods Subdivision Regulations. Said plats will be considered as a major subdivision even though it may contain only one (1) lot. All of the required associated construction plans shall be submitted for PUD's as for all other final plat packages.

The final PUD site plan shall be superimposed upon the final PUD plat and shall contain all of the information required to be placed upon the final plat as well as the following information which may be placed upon the same or separate sheets.

A.

All of the information provided on the approved preliminary site plan in its final form. Any general information provided on the preliminary site plan shall be provided in specific detail on the final site plan, i.e., landscaping or fencing, street light and dumpster locations, design of open space and/or recreational areas, and areas to be dedicated to the public.

B.

The size, location, and construction material of the following signs:

1.

Multi-family building identification signs;

2.

PUD identification signs;

3.

Commercial entrance building identification signs (not to include small four (4) square feet office/service signs).

4.

Industrial entrance and building identification signs.

C.

The specific layout and design of all parking and/or loading area.

D.

The elevations which represent the architecture within the PUD.

E.

Information regarding the manner in which any common open space, recreational areas, environmentally sensitive areas which have been left in their natural state, private streets and/or parking areas will be maintained and/or improved and those parties responsible for any such maintenance/improvement.

F.

In PUD's utilizing owner units with common or party walls an acceptable party/common wall agreement shall be provided and recorded

G.

A timetable which outlines the approximate timetable for construction of all public and site improvements, residential, and non-residential. structures.

A.

Final PUD plat: Once given final approval by the planning commission and the city council, the final PUD plat shall be recorded in the office of the Greenup County Clerk in accordance with the provisions of the Flatwoods Subdivision Regulations.

B.

Final PUD site plan: Once given final approval by the planning commission and the city council, the final PUD site plan shall be filed in the office of the planning commission and one (1) copy given to the administrative official of the City of Flatwoods.

A.

Preliminary plats and plans. Any of the following changes to a preliminary plat or development plan prior to the approval of the final plat or development plan shall cause the preliminary plat and development plan to be subject to a new approval application, public hearing, planning commission and city council approval.

1.

Any increase in the total number of residential units.

2.

A thirty (30) percent or more change in the total amount of commercial, industrial or institutional floor area to be contained within the PUD.

3.

Any street changes which involve removing or adding additional streets and/or intersections.

4.

A thirty (30) percent or more change in the number of bedrooms to be provided in each of the residential units.

5.

A thirty (30) percent or more change in the amount of open space and/or land area to be provided for private and/or public recreational purposes.

6.

Any change in the land to be dedicated to the public for public use and maintenance.

7

A change in location of over ten (10) feet but less than thirty (30) feet shall require a review by the planning commission or its appointee.

8.

Any change which significantly adversely affects the internal or external compatibility of the PUD or its long-term impact on the community.

9

Any change which violates a standard and/or regulation set forth in the Flatwoods Zoning Ordinance or Subdivision Regulations which applies to PUD's.

10.

A change in the outer boundaries of the PUD.

11.

A thirty (30) percent or more change to the lot area of any lot contained within the PUD Any change not falling into these categories may be made without having to reapprove the preliminary plat or development plan However, any change should be reported to the planning commission for review.

B.

Final plats and plan: No changes may be made in a final plat or development plan unless it is re-approved by the planning commission, re-filed and/or re-recorded. Any change to a final plat which falls into the categories listed in 22.12 A 1-11 shall require that a new preliminary plat be developed and re-approved applied for.

The PUD applicant shall submit a construction schedule with the final PUD plat and development plan materials the planning commission may request that certain improvements or land uses are constructed in a certain time frame or prior to other improvements or land uses. The commission may also require that the applicant provide a certain amount of qualified construction management during certain technical construction phases of the PUD project depending on the complexities involved.

All PUD shall be primarily built-out within five (5) years of obtaining final approval. The planning commission shall review the status of any PUD not meeting this standard to determine if a different zoning classification should be placed upon the property or a construction extension granted. Any such extension shall not exceed an additional five (5) years. Any PUD which is still not built-out after a ten (10) year period shall receive a new appropriate zoning classification as recommended by the commission and approved by the council in accordance with the rezoning procedure as set forth in Article VI.

Building permits may be issued for any PUD which has received final approval in accordance with the provisions of this ordinance. Building permits shall only be for structures which conform to those illustrated on the final PUD development plan.