Planned unit developments shall be recognized as a special exception use.

(Ord. No. 227, § 5.175, 9-4-2001)

The purpose of these regulations is to permit greater flexibility and, consequently, more creative and imaginative design in the development of residential areas that is generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, the integration of necessary commercial and community facilities and the preservation of open space for park and recreational use.

(Ord. No. 227, § 5.176, 9-4-2001)

Any application for a special exception permit must meet the following conditions to qualify for consideration as a planned unit development:

(1)

Minimum area. The minimum area required to qualify for a planned unit development special exception permit shall not be less than 20 contiguous acres of land.

(2)

Ownership. The tract of land for a project must be either in one ownership or the subject of an application filed jointly by the owners of all properties included, (the holder of a written option to purchase land or the holder of an executory land contract shall, for purposes of such application, be deemed to be an owner of such land).

(3)

Location. Planned unit developments shall be allowed only with the R-1, R-2, R-3 and R-4 Residential Districts.

(4)

Utilities. Public water, sanitary sewer and storm drainage facilities shall be provided as part of the site development. All electric and telephone transmission wires shall be placed underground.

(5)

Approval. Approval by the planning commission of a sketch plan and detailed site plan of all planned unit developments is required.

(Ord. No. 227, § 5.177, 9-4-2001)

(a)

No structure or part thereof, shall be erected, altered, or used, and no land shall be used except for one or more of the following:

(1)

Residential Uses. The following housing types, excepting mobile homes, shall be deemed desirable in keeping with the objectives of this concept:

a.

Single-family detached dwellings.

b.

Two-family dwellings.

c.

Apartments.

d.

Townhouses.

e.

Condominiums.

f.

Other multifamily dwellings.

(2)

Commercial uses. The following commercial uses shall be designed and intended to serve the convenience needs of the people residing in the planned unit:

a.

Food stores.

b.

Bakeries (retail only).

c.

Barber or beauty shops.

d.

Banks and financial institutions.

e.

Shoe sales and repair stores.

f.

Florist and garden shops.

g.

Hardware stores.

h.

Variety stores.

i.

Book and stationery stores.

j.

Dry cleaning (pickup or coin operated only).

k.

Wearing apparel shops.

l.

Medical or professional offices.

m.

Drug stores.

n.

Post office.

(3)

Accessory and associated uses.

a.

Private garages.

b.

Storage spaces.

c.

Recreational play areas.

d.

Churches.

e.

Elementary and secondary schools.

(4)

Public utility buildings and structures necessary. Public utility buildings and structures necessary to the service of the community may be erected, subject to the general provisions of this chapter and the compatibility of design thereof to the surrounding neighborhood.

(5)

Nonresidential uses. Nonresidential uses permitted in the PUD shall only be permitted when the area is large enough to permit the development of a complete community or neighborhood having a range of dwelling types, necessary local shopping facilities and off-street parking compounds, parks, playgrounds or reservation of area therefor, and reservation for educational facilities wherever these are deemed necessary.

(6)

Nonresidential uses of a religious, educational, commercial, or recreational character. Nonresidential uses of a religious, educational, commercial, or recreational character as heretofore specifically described shall be permitted to the extent that they are to be designed or intended for the use of the residents of the PUD. The burden shall be on the land owner to show that the nonresidential uses of a commercial character are intended to serve principally the residents of the planned unit development. The nonresidential permitted uses shall be allowed only to the extent that the planning commission finds them to be designed to serve primarily the residents of the planned unit development; and compatibly and harmoniously incorporated into the unitary design of the PUD. Dwellings designed or intended to be used, in whole or in part, for nonresidential uses, shall be constructed according to the following schedule:

a.

If the PUD contains from one to 50 dwelling units, 80 percent must be physically constructed prior to any nonresidential use construction.

b.

If the PUD contains 50 or more dwelling units, 70 percent of the said dwelling units shall be physically constructed prior to any nonresidential use construction.

c.

When the developer considers that he has constructed 80 percent of the dwelling units or 70 percent of the dwelling units as above provided, then he shall notify the planning commission in writing thereof, inspection shall be made and at the next meeting of the planning commission it shall be determined whether these provisions have been complied with.

d.

If it is so determined that the above provisions have been complied with, with the exception of utilities, services, streets and other necessary requirements, the planning commission may then require such bonds or guarantees for completion of utilities, services, streets and other necessary improvements to guarantee that the dwelling units shall be adequately serviced, the general health, safety and welfare safeguarded, and so that fire and police protection may be adequately provided for the PUD as thereby developed. Thereupon the developer may proceed with the completion of the project pursuant to the plan presented.

(Ord. No. 227, § 5.178, 9-4-2001)

Within any planned unit development approved under this article, the requirements set forth below shall apply in lieu of regulations set forth in the district in which the development is located.

(1)

Number of dwelling units permitted. The maximum number of dwelling units permitted within the project shall be determined by dividing the net residential development area by the minimum residential lot area per dwelling unit required by the district in which the project is located. In the event the project lies in more than one zoning district, the number of dwelling units shall be computed for each district separately.

(2)

Lot area requirements. The minimum lot area for single-family dwellings shall not be reduced more than 20 percent below that required in the district in which the project is located. The lot area requirement for multiple-family dwellings shall not be reduced by more than ten percent of that permitted in the district in which the project is located.

(3)

Setback and yards.

a.

Front yards. The minimum set back from a street line for a building or structure may be reduced by 15 feet for any cul-de-sac street and ten feet for any other street below that required in the district regulation in which the planned unit development is located.

b.

Rear yards. The minimum rear yard requirements may be reduced to 25 feet in planned unit developments.

c.

Side yards. The minimum side yard requirements may be reduced to five feet in planned unit developments.

(4)

Minimum lot frontage and width. The minimum lot frontage and width for any lot designated for a single-family dwelling may be reduced 20 percent below the requirements of the district in which the planned unit development is located.

(5)

Screening. A screening area shall be provided along the perimeter of property on which multiple-family dwellings and/or commercial buildings are erected.

(6)

Amount of open space required. Within every planned unit development there shall be planned and set aside permanently as part of the total development an amount of open space equal to not less than the aggregate accumulation of lot size reduction below the minimum lot area for the development as a whole. Before accepting the open space as meeting the requirements of this provision, the planning commission must find the land thus designated to be:

a.

Sufficient in size, suitably located, with adequate access;

b.

That evidence also is given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the municipality of the future maintenance.

(7)

Arrangement of open space. All required open space within a planned unit development shall be arranged so as to provide access and benefit to the maximum number of lots and/or dwelling units. Separate tracts of open space shall have adequate access from at least one point along a public street.

(Ord. No. 227, § 5.179, 9-4-2001)

Whenever any planned unit development is proposed, before any building permit is granted, the developer shall apply for and secure approval of the special exception use in accordance with the following procedures and obtain approval of a detailed site plan from the planning commission.

(1)

Application for sketch plan approval.

a.

In order to allow the planning commission and the developer to reach an understanding of basic design requirements prior to detailed site design investment, the developer shall submit a sketch plan of his proposal to the planning commission. The sketch plan shall be drawn to approximate scale and clearly show the following information:

i.

Boundaries of the property.

ii.

Location and height of all buildings.

iii.

Interior roadway system, parking facilities and all existing rights-of-way and easements, whether public or private.

iv.

Delineation of the various residential areas indicating for each such area its size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type, plus a calculation of the net residential density.

v.

The interior open space system.

vi.

The overall storm water drainage system.

vii.

If grades exceed 30 percent, or portions of the site have a moderate to high susceptibility to erosion, or a moderate to high susceptibility to flooding and/or ponding, an overlay outlining the above susceptible soil shall be provided.

viii.

Principal ties to the neighborhood and community with respect to transportation, water supply and sewage disposal.

ix.

General description of the provision of other community facilities, such as schools, recreational facilities, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

x.

A location map showing uses and ownership of abutting lands.

b.

In addition, the following documentation shall accompany the sketch plan:

i.

Evidence that the proposal is compatible with the objectives of the community's comprehensive plan.

ii.

General statement as to how common open space is to be owned and maintained.

iii.

The sketch plan shall show the intended total project. If the development is to be constructed in phases, a general indication of how the sequence of phases is to proceed shall be identified.

c.

The planning commission shall hold a public hearing or hearings on the application for planned unit development in accordance with the provision of the statutes of the state.

d.

Following the public hearing, the planning commission shall, within 60 days, approve or disapprove the sketch plan and so notify the applicant of its decision.

e.

Approval of sketch plan shall not constitute approval of the detailed site plan, rather it shall be deemed an expression of approval of the layout as a guide to the preparation of the detailed plan.

f.

Request for changes in sketch plan. If certain elements of the sketch plan, as it has been approved by the planning commission should for any reason need to be changed, and the planning commission finds that the change is substantial, then the applicant shall resubmit this entire sketch plan, as amended, to the planning commission pursuant to the aforesaid procedures for the original application. If it is not substantial the planning commission may approve or disapprove same without further notice.

(2)

Application for detailed site plan approval.

a.

After receiving approval from the planning commission on a sketch plan, the applicant may prepare his detailed site plan and submit it to the planning commission for approval. However, if more than six months have elapsed between the time of sketch plan approval the planning commission may require a resubmission of the sketch plan for further review and possible revision.

b.

The detailed site plan shall conform to the sketch plan that has received approval. It should incorporate any revisions or other features that may have been recommended by the planning commission at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

c.

The detailed site plan shall include the following information:

i.

An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivisions, streets, utilities, and easements within 300 feet of applicant's property.

ii.

A topographic map showing contour intervals of not more than four feet of elevation shall be provided.

iii.

A site plan showing location, proposed use, and height of all buildings, location of all parking areas, with access and egress drives thereto; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences, description of method of water supply and sewage disposal and location of such facilities; location and size of all signs; location and proposed development of screened areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.

iv.

A tracing overlay showing all soil types and their location, and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.

d.

Required standards for approval. The detailed site plan shall be made in accordance with a plan designed to and which the planning commission shall determine to be designed to:

i.

Lessen congestion in the public streets by arrangement of vehicular traffic access and circulation to include intersections, road widths, channelization, traffic controls and pedestrian movement to facilitate same.

ii.

Provide off street parking sufficient to satisfy the reasonable needs of the proposed PUD, to be compatible in appearance with the remainder of the PUD, and to have adequate screening to protect neighboring areas.

iii.

Establish the location, size and entrances of buildings, walkways, and lighting so as to promote public health, safety and general welfare, affording adequate open space, light and air, safety of travel, freedom from traps and arrangement in such a way as to facilitate safe traverse walkways.

iv.

The various uses correlate with each other in a rational manner. Commercial uses shall be for the sole and exclusive use of the persons living in the PUD, or substantially for such use.

v.

Plan location of trees, shrubs and other landscaping to constitute a visual and/or a noise deterring screen between adjacent uses and adjacent lands, and shall render the whole area as beautiful as possible in consideration of the uses thereof.

vi.

Provide adequate open space used for playgrounds and recreation, to promote the public health, safety and general welfare of the community.

vii.

Provide water supply, storm and sanitary sewer facilities sufficient to adequately furnish the PUD with water, storm water and sanitary waste disposal facilities. The utilities shall be arranged to furnish adequate utilities to the PUD.

viii.

Arrange the structures, roadways and landscaping to prevent flooding, ponding and/or erosion.

ix.

To comply in all respects with this chapter except as special exceptions are hereby granted.

(3)

Action on detailed site plan. The planning commission shall render its approval or disapproval in writing and so notify the applicant and the building inspector by serving the same either in person or by mailing the same, first class mail, full postage prepaid to the address of the applicant as indicated on the application or as may be changed in writing subsequent thereto by the applicant. Any notice to the building inspector shall be addressed to the city hall.

a.

Upon the finding by the commission that all of the standards as herein specified have been met, it shall recommend the project in writing and set out in writing any minor modifications to the provisions of this article, if any, and recommend approval of the same by delivering a completed file to the zoning board of appeals forthwith. It shall also, where it deems appropriate and necessary, recommend to the zoning board of appeals those conditions to be imposed upon a project, its operation or both that are needed to assure adherence to the above standards.

b.

The zoning board of appeals, upon the receipt of the file and the written recommendation of the planning commission, shall thereupon meet and may then approve such project with modifications, incorporating with the approval such conditions as the board deems appropriate, the standards regulating said decision to be the standards set out in this article and the enabling statute of the state establishing the zoning boards of appeals.

c.

The decision of the zoning board of appeals shall be in writing and shall set out in full the decision and the basis thereof.

d.

Upon approval of the application by the zoning board of appeals, the building official shall issue a zoning permit in conformity with the application as approved. This permit shall specify with particularity the regulations, limitations and all standards of the planned unit development approved.

e.

Upon receipt of the zoning permit, the applicant may then proceed with his project in conformity with said permit. No deviations from the regulations and conditions of the permit shall be allowed except those which shall be in conformity with the basic provisions of this article as they apply to the zoning district in which the project is located or insofar as they are in conformity with the regulations of the zoning district in which the project is located.

(4)

Construction to commence within one year.In any case where construction on the planned unit development has not commenced within one year from the date of approval, then the special exception use permit shall be null and void.

In any case where construction on the planned unit development has commenced, but is not proceeding with due diligence as determined by the building official of the city, then said building official shall notify the planning commission. A hearing shall thereupon be held as soon as reasonably possible by notice duly mailed to the applicant at the address upon his application or any subsequent address indicated by him in writing filed with the city clerk, at his mailing address, at which hearing the applicant will have the opportunity to be heard in person and/or by counsel. If the planning commission shall determine that the applicant has good cause for failing to proceed as provided herein, then an extension may be granted to allow applicant a reasonable time to complete the PUD. If the planning commission shall determine that the applicant did not have reasonable cause for such delay, then the planning commission may declare the permit null and void, and/or may take such other action as shall be reasonably necessary under the circumstances including the posting of bonds, orders to proceed with directions therefor.

(5)

Certificate of occupancy. No building shall be occupied for any use until a certificate of occupancy is issued by the building official, upon written order from the planning commission.

(6)

Request for changes in detailed site plan. If certain elements of the detailed site plan, as it has been approved by the planning commission should for any reason need to be changed, and the planning commission finds that the change is substantial then the applicant shall resubmit his entire detailed site plan, as amended, to the planning commission pursuant to the aforesaid procedures for the original application. If it is not substantial, the planning commission may approve or disapprove the same without further notice.

(Ord. No. 227, § 5.180, 9-4-2001)

As a condition to granting any use, approval, or any other action permitted under this article, the planning commission may require that a bond be furnished of a nature and in an amount to ensure compliance with the provisions of this chapter of any nature. Such bonds shall be in a form and with companies approved by the planning commission of the city and the city attorney thereof.

(Ord. No. 227, § 5.181, 9-4-2001)

The applicant for any planned unit development, shall deposit with the city that amount which from time to time shall be determined by the city council by resolution as an amount sufficient to reasonably compensate said city for the enforcement of this article, including costs of administration, publication and any other reasonable costs. This deposit shall not be refundable for any reason.

(Ord. No. 227, § 5.182, 9-4-2001)

All screening, trees, shrubs and landscaping as well as utilities shall be continuously maintained in good condition and in a way as to adequately serve the purposes for which they are required by this article.

(Ord. No. 227, § 5.183, 9-4-2001)