(a)

Under the regulations prescribed by this chapter for the districts, a separate building 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, the provisions of this division waive the requirement for a separate building site for each building and permit two or more buildings to be erected and maintained on the same building site when certain conditions set forth in this division are met. Examples of such building groups that might be erected under the provisions of this section are multiple-family dwelling projects and shopping centers.

(b)

The provisions of this division are applicable in all districts except the R-A districts.

(Ord. No. 1-1992, § 11(51-1216), 3-10-1992)

(a)

Every building group erected and maintained under the provisions of this division shall comply with all of the regulations established by this chapter 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 this chapter.

(b)

A special plan for a building group shall show and there shall be provided, the following:

(1)

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

(2)

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

(3)

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

(4)

In business building groups near or adjoining residence districts, adequate provision (including fences, walls and/or planting) to screen and protect the residence districts from parking lot illumination, headlights, fumes, heat, noise, blowing papers and dust and the visual encroachment of commercial buildings, service areas, signs and commercial activity on the privacy and neighborhood character of the residence district.

(5)

On all external property lines planned building groups shall be required to maintain front, side and rear yard setbacks required for the district in which they are located. In addition these developments shall be required on external property lines, side and rear yards, equal to those required for adjoining properties and equal to the yards that would be required if the proposed buildings were on a separate site. All other required yards may be varied in accord with specific development plans, provided that adequate spacing is provided to meet fire protection and public safety requirements. Public streets dedicated as integral elements of the development plan shall not be considered as creating new external property lines.

(Ord. No. 1-1992, § 11(51-1217), 3-10-1992)

(a)

Under the regulations prescribed by this chapter separate districts are established for various types of residential uses. To encourage more creative, efficient and aesthetically desirable design in urban development, the residential planned unit development provisions waive certain district requirements to permit large tracts of land to be developed as integral units for single-family, townhouse, cluster, condominium, multifamily and other innovative residential developments. Under certain conditions, this division also permits certain commercial uses to be included in the residential planned unit development without requirement for separate zone district classification.

(b)

The provisions of this section are applicable in all districts except the R-A districts.

(Ord. No. 1-1992, § 11(51-1226), 3-10-1992)

(a)

Every residential planned unit development erected and maintained under the provisions of this division shall comply with all the regulations established in this chapter for the district in which the residential planned unit development is located except as provided for in this section. Limited commercial uses may be permitted to serve the development, provided that no commercial uses shall be permitted that are not permitted uses in the B-1, buffer business district or B-2, neighborhood business district. Uses requiring board of adjustment approval in the B-1 or B-2 district will also require board of adjustment approval for the residential planned unit development.

(b)

A special plan for a residential planned unit development shall show and there shall be provided the following:

(1)

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

(2)

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

(3)

Adequate and safely located play or common open space areas for small children and other occupants of the development.

(c)

Applicants for residential planned unit development must meet the following minimum tract size:

(1)

For a development proposing only residential land uses, there is no minimum tract size.

(2)

For a development proposing limited commercial uses the minimum size tract to be considered shall be 20 acres, except that if a residential planned unit development contains 100 or more dwelling units, 2,400 square feet of floor area for every 100 dwelling units may be for limited commercial use, provided that the commercial space is of architectural design compatible with that of the dwelling units. In addition, no building permit shall be issued for construction of any of the commercial space until not less than 50 percent of the total number of dwelling units required to meet conditions set out in this subsection are under construction.

(d)

On all external property lines residential planned unit developments shall be required to maintain front, side and rear yard setbacks required for the district in which they are located. In addition, these developments shall be required to provide on external property lines, side and rear yards, equal to those required for adjoining properties and equal to the yards that would be required if the proposed buildings were on a separate site. All other required yards may be varied in accord with specific development plans, provided that adequate spacing is provided to meet fire protection and public safety requirements. Public streets dedicated as integral elements of the development plan shall not be considered as creating new external property lines.

(e)

Residential planned unit developments may be permitted to vary building site area requirements that are established by the district regulations for individual building sites, so long as the aggregated total requirements that would be established for individual building sites are met over the entire planned unit development site. In computing available building site area and required spaces, public streets and other dedicated public spaces may not be included.

(f)

All dedicated streets for residential planned unit developments shall be required to meet established right-of-way and construction standards for all other residential developments. Sidewalks usually required within the street right-of-way may be omitted if adequate pedestrian sidewalks are provided elsewhere in the development as long as adequate linkage is made for sidewalks of adjacent development.

(Ord. No. 1-1992, § 11(51-1227), 3-10-1992)

Before submitting an application for a residential planned unit development or a planned building group, an applicant should confer with the planning department to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.

(Ord. No. 1-1992, § 11(51-1241), 3-10-1992)

An application for approval of a planned building group or a residential planned unit development shall be filed with the zoning commission and shall contain the following information:

(1)

Applicant and owner. An application for amendment shall contain the name and address of the applicant, and, if the amendment would require a change in the zoning map, the names and addresses of all persons whose ownership interest in the property proposed for rezoning or any legal entity which owns or controls the property equals or exceeds five percent. Any application shall include the signed concurrence of the owners of the property for which approval is being sought by the applicant.

(2)

An application for a residential planned unit development or planned building group is to be made accompanied by a preliminary plan which must include both maps and a written statement and must show enough of the area surrounding the proposed development to demonstrate the compatibility of the planned development to adjoining uses, both existing and proposed. The following data may be required with the preliminary submission:

a.

The existing topography at two-foot contour intervals.

b.

Drainage within the project and surrounding area.

c.

Existing and proposed land use and existing zoning.

d.

Existing property lines and proposed lot lines with dimensions shown.

e.

Circulation system including curb cuts and driveways.

f.

Parking and loading areas.

g.

Areas proposed to be dedicated, or reserved for parks, parkways, playgrounds, school sites, public and semipublic uses and common areas.

h.

Approximate location of all buildings, structures and improvements, including walkways.

i.

Elevation and perspective drawings of proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail.

j.

A development schedule indicating:

1.

The proposed stages of development;

2.

The anticipated beginning and completion dates of each stage; and

3.

The area and location of common space that will be provided at each stage.

k.

Agreements, provisions and/or covenants which govern the use, maintenance and continued protection of the planned building group or the planned development and of its common areas. In any development, including townhouses, condominiums or similar ownership of units, the proposed homeowners' association agreement must be included and must provide for a continuing maintenance for all spaces.

(Ord. No. 1-1992, § 11(51-1242), 3-10-1992)

Within 45 days after the filing of an application the zoning commission shall:

(1)

For a planned building group, approve or disapprove the special plan; approval may establish conditions and limitations, which may include a performance bond;

(2)

For a residential planned unit development, a public hearing shall be held and interested parties notified in the same manner as for a rezoning hearing, as provided for in division 2 of article II of this chapter.

The zoning commission shall then transmit its preliminary plan approval or disapproval report to the applicant, including any conditions of approval, which may include a performance bond. If a rezoning application is filed concurrently with the residential planned unit development application the rezoning hearing may also serve as the required hearing for the residential planned unit development application.

(Ord. No. 1-1992, § 11(51-1243), 3-10-1992)

Cross reference— Administration, ch. 2.

Following approval of the preliminary plan, the applicant shall prepare and file with the planning director a final development plan including all or any increment of the area included in the preliminary plan. If the final plan reflects no change from the preliminary submission, the planning director may approve the final plan and return the plan to the zoning administrator for registration and issuance of building permits. If the final plan is substantially in accord with the preliminary plan, it may be approved by the zoning commission for registration and issuance of permits. If the final plan reflects significant change from the preliminary plan, the zoning commission may reconsider the application in accord with procedures established for preliminary plan review.

(Ord. No. 1-1992, § 11(51-1244), 3-10-1992)

Upon approval of a special plan, a copy of such plan shall be registered among the records of the zoning administrator and shall thereafter be binding upon the applicants, their heirs, successors and assigns, and shall limit and control the issuance and validity of permits and certificates, and shall restrict and limit the use and operation of all and any structures within the area designated in such special plan to all conditions and limitations specified in such special plan and approval thereof; provided, however, that the zoning administrator may, upon a showing of engineering necessity therefor, permit minor changes in the location of structures and site improvements if such minor changes will not change the character of the development, increase the gross floor area, intensity of use or ground coverage, reduce the total building site area, the space between buildings or the ratio of off-street loading area to gross floor area, or otherwise cause the special plan to fail to meet the conditions specified in this section. Except as provided for in this section, the zoning administrator shall approve building permits or zoning certificates for buildings or structures in the area covered by the approved final development plan and with all other applicable ordinances and regulations.

(Ord. No. 1-1992, § 11(51-1245), 3-10-1992)

If no construction has begun or no use established in the planned development within two years from the date of approval of the final development plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the zoning commission may extend for one or more additional years the period for beginning of construction or the establishment of a use.

(Ord. No. 1-1992, § 11(51-1246), 3-10-1992)

Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and registered, any special plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such special plan comply with all the conditions and limitations of the special plan and all land and structures withdrawn from such special plan comply with all regulations established by this chapter and unrelated to the special plan.

(Ord. No. 1-1992, § 11(51-1247), 3-10-1992)

Upon written appeal by the applicant citing the design or other exceptional characteristics of the proposed development justifying consideration, the zoning commission may waive any of the standards set out in this division and related standards, such as density requirements, and may permit submission of an application for hearing and review in accord with procedures set out in this division. In permitting waivers to the standards of this division, the zoning commission must find that the application fully meets the intent of this division and of this chapter. If an applicant proposes increased density, the site plan must provide a minimum of 20 percent open area, exclusive of required parking and all parking and setback criteria must be met.

(Ord. No. 1-1992, § 11(51-1248), 3-10-1992)

Any person aggrieved by a decision of the zoning commission in approving or disapproving an application for a planned unit residential development may, within ten days from the date of such decision, file a written request with the appropriate local government agency, and thereupon the board of aldermen shall proceed to review such decision. After such review, the decision of the zoning commission shall either be affirmed, modified or reversed, and the applicant and the zoning commission shall be notified.

(Ord. No. 1-1992, § 11(51-1249), 3-10-1992)