This section is intended to provide for changing concepts of design for the development or redevelopment of residential tracts of land on a unit basis by allowing greater flexibility and diversification of land usage and building locations than the conventional single lot method provided in other sections of this chapter. It is the intent of this section that the basic principles of good land use planning, design standards, density, adequate light and air, recreation and open space, and building coverage can be maintained through a conscientious and sound design concept.

   1.   Procedure.

      A.   Preliminary Plans. The owners of any tract of land as described in subsection 2 of this section may submit to the Council preliminary plans for the use and development of all of that tract for residential and accessory purposes. The development plans shall be referred to the Planning and Zoning Commission for study and report. The Commission shall hold a public hearing on the preliminary plans. Notices for the hearing shall be sent to all property owners within 200 feet of the proposed development. The Commission may approve or disapprove the preliminary plans as submitted, or before approval may require that the applicant modify, alter, adjust, or amend the preliminary plans as the Commission deems necessary to the end that it preserve the intent and purpose of this chapter to promote public health, safety, morals, and general welfare. The preliminary plans as approved by the commission shall then be referred to the Council and shall contain a report stating the reasons for approval or disapproval whereupon the Council may approve or disapprove the plans as submitted or may require such changes thereto as it deems necessary.

      B.   Final Plans. Final plans shall be submitted to the Council for approval within one year after approval of the preliminary plans. If the final plans are not submitted within the one-year period, approval of the preliminary plans shall become null and void unless an extension of time is applied for and granted by the Council. The final plans shall first be referred to the Commission for final review and report. The Commission shall consider the final plans and if the final plans substantially conform to the preliminary plans, the Commission shall refer approval to the Council along with a certified copy of the Commission’s resolution of approval. If the final plans are not approved by the Commission, the reasons for not approving the final plans shall be set out in writing. After receiving the report of the Commission, the Council shall consider the final plans, and if the final plans substantially conform to the preliminary plans, the Council shall accept the final plans by resolution. If the final plans are not approved, the reasons for not approving the final plans shall be set out in writing. The approval of the final plans by the Council shall not waive any State code or local code requirements which are not a part of the zoning ordinance.

   2.   Standards. Since, to a degree, a planned unit development does waive density and other requirements of this zoning ordinance, the land usage, minimum lot areas, yard dimensions, building height, and accessory uses shall be determined by the requirements set below, which shall prevail over conflicting requirements of this chapter or of the subdivision ordinance (Chapter 170).

      A.   Planned unit developments proposed for land which was not platted as of January 1, 1995, shall be not less than five (5) acres in size.

      B.   Planned unit developments proposed for land platted prior to January 1, 1995, shall be considered on a case-by-case basis.

      C.   The plans must be consistent with this chapter to promote public health, safety, morals, and general welfare.

      D.   The buildings shall be used for the uses which are permitted in the zone in which the planned unit development is located.

      E.   Under no circumstances will the density of any planned unit development exceed:

         (1)   Six units per acre when the planned unit development is located in an R-1 residential zone.

         (2)   Twelve units per acre when the planned unit development is located in an R-2 residential zone.

         (3)   Twenty-four (24) units per acre when the planned unit development is located in an R-3 residential zone.

         (4)   Thirty-six (36) units per acre when the planned unit development is located in a C-1 General Commercial District.

         (5)   Forty-eight (48) units per acre when the planned unit development is located in a C-2 Central Business District.

      F.   The maximum yard requirements of the zoning district in which the development is located need not apply except that minimum yards specified in the zoning district in which the planned unit development is located shall be provided around the boundaries of the area being developed. When developing an existing site, with existing structure/s the yard requirements shall be waived if the existing structure is less than what the zoning district requires. If the plans indicate that the land involved with the planned unit development will remain under the ownership of a single person or corporation, the plans must identify which street frontage will be the front yard and the other yards will then be identified as defined in this chapter and will be the minimum yard dimensions required around the perimeter of the planned unit development. If the plans call for the original parcel to be divided and sold as a number of private parcels, then the development of the individual parcels will define the front, rear, and side yards and the setback from the adjoining properties will be governed by the appropriate minimum yard dimensions.

      G.   Uses or arrangement of uses along the project boundary lines shall not be in conflict with those in adjoining or opposite property. To this end, the Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the border of this project.

      H.   The aggregate open space and common area is not to be less than that which would have resulted from the application of open space requirements of the zoning district in which the planned unit development is located.

      I.   The project shall not strain the City’s capacity for utilities and schools.

      J.   All parking requirements of the zoning ordinance shall be met. If located in a C-2 zoning district, a structure containing less than twenty (20) dwelling units requires no spaces for parking, when the structure has 20 or more dwelling units; one (1) space for parking shall be provided for each unit.

      K.   In reviewing the proposed plans, the Commission shall consider deed restrictions and covenants as concern the use and maintenance of open space, common area, and rights-of-way. If a homeowners association contracts for maintenance of buildings and grounds, such articles of the association shall be approved by the Commission and Council.

   3.   Content of Preliminary Plans. The preliminary plans shall consist of a site plan; showing number of units, foot print of a typical unit, access to public right-of-way and utilities, sample unit plans and appropriate elevations necessary to clearly convey to the Commission how the project satisfies the intent of this chapter.

   4.   Content of Final Plans. Final plans shall substantially conform to the preliminary plans and consist of fully-developed plans and specifications. Final plans will be approved by the Commission and the Council and will remain on file in the office of the City Clerk.

   5.   Individual Consideration. It is the intent of this section that all planned unit development projects be considered on a case-by-case basis. Any previous approvals or disapprovals by either the Commission or the Council are not to be construed as establishing a precedent for any future approvals or disapprovals by either the Commission or the Council.

   6.   Plat Required. A plat of the development, if required by State or local subdivision laws, shall be recorded in the same manner as any subdivision plat. The plat shall contain building lines, building locations, common land, streets, easements, and other applicable items required by the subdivision ordinance. No building permits shall be issued until the plat of development, if required, and as finally approved by the Council has been recorded.

   7.   Significant Variance from the Approved Plans. The final plans shall not be approved by the Commission or the Council if there is significant variance from the approved preliminary plan, unless the Commission has conducted another public hearing as set out in subsection 1 of this section. The following are examples of (but not an all-inclusive list of) significant variances from the preliminary plan:

      A.   If there is any change in the perimeter yard dimensions.

      B.   If there is any increase in the number of dwelling units proposed.

      C.   If there is any change in the location of an entrance which serves more dwelling units than a single-family or duplex dwelling unit.