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Hart City Zoning Code

CHAPTER 1254

Planned Unit Development

1254.01 SHORT TITLE.

   This chapter shall be known as the Planned Unit Development chapter and may be cited as such.
(Ord. 168. Passed 10-9-90; Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

1254.02 DESCRIPTION AND PURPOSE.

   (a)   Planned unit developments are intended to permit flexibility in the regulation of land development.
   (b)   Areas may be zoned for planned unit development when problems of size, shape, terrain, topography, adjacent use or natural resources may require special regulation.
   (c)   Zoning under this chapter of any area of the City, and all proceedings in regard thereto, shall be done with due consideration for maintenance of reasonable conditions regarding emission and transmission of injurious or obnoxious noise, vibration, gas, smoke, dust, dirt, litter, odor and light glare, traffic congestion, drainage, lateral land support, effect on property value, light and air, overcrowding of persons, sanitation, general appearance of the area and other similar considerations having an effect on public health and safety and the general welfare of the people of the surrounding community.
(Ord. 168. Passed 10-9-90; Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

1254.03 SPECIFICALLY PERMITTED USES.

   The following uses, either separately or in conjunction with the delineated uses, are permitted in a PUD District:
   (a)   Single and multi-family housing;
   (b)   Hospitals, medical or dental clinics;
   (c)   Public, private or nursery schools;
   (d)   Housing for the aged, nursing homes and retirement;
   (e)   Children's homes;
   (f)   Community swimming pools;
   (g)   Executive professional or administrative offices;
   (h)   Hotels and motels; and
   (i)   Athletic and fitness clubs.
(Ord. 168. Passed 10-9-90; Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

1254.04 SPECIFICALLY PROHIBITED USES.

   The following uses are prohibited in a PUD District:
   (a)   Mobile home parks;
   (b)   Auto and machinery sales; and
   (c)   Facilities that produce hazards to the public health.
(Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

1254.05 PROCEDURE.

   (a)   Any area in the City may be used for a planned unit development upon application therefor by the title holder of the property in such area.
   (b)   The title holder or occupant who elects to proceed under this section shall meet with the Planning Commission and shall submit a preliminary development plan for review. The preliminary plan shall exhibit property boundaries and proposed locations of streets and structures. Upon proceeding and filing for rezoning and/or a development plan review for a planned unit development, a final development plan shall be submitted containing the following:
      (1)   Maps showing property boundaries, relationship to streets and neighboring properties, internal streets and buildings, pedestrian circulation area, open space and landscaping, topography, professionally prepared landscape plan and utility service layouts;
      (2)   A narrative indicating objectives of the development, market to be serviced, phasing of the construction, including an estimated date of commencing and completion of construction, density of development, percentage of the site allocated to building and other impervious ground cover, design and location of signage, and proposed exterior lighting with reference to glare, traffic safety, conformity to the City's Master Plan, impact on public schools and impact on surrounding traffic circulation;
      (3)   Preliminary architectural sketches and/or a statement as to the type of construction and materials which will be used throughout the planned unit development;
      (4)   Legal description and computation of acreage;
      (5)   Current proof of ownership of the land or evidence of contractual ability to acquire the land;
      (6)   Computation of the percentage of acreage and building which will be utilized as specified in the permitted uses section (1254.03); and
      (7)   Additional details which may be relevant to the site and reasonably necessary to allow proper review prior to approval.
   (c)   Approval of the plan by the Commission may be conditioned upon suggested changes in the plan which are in accordance with the spirit, purpose and intent of this section and the ordinances of the City.
(Ord. 168. Passed 10-9-90; Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

1254.06 DEVELOPMENT PLAN REVIEW PROCEDURE.

   (a)   The Planning Commission may require, in reviewing a plan, independent professional studies, including, but not limited to, traffic studies, soil borings, and/or floodplain determinations to evaluate the suitability of the plan.
   (b)   Prior to reaching a finding, the Commission shall conduct a development plan review hearing, subject to publication of notices and mailing of notice to all properties within 300 feet of the parcel to be developed, provided however, that in concurrent rezoning and plan approval, one hearing shall suffice. It shall be the responsibility of the Planning Commission to approve the development plan as submitted, to approve the plan subject to modification deemed necessary to protect public health, safety or welfare, or to disapprove the plan for cause. In the case of plans submitted in conjunction with rezoning, the recommendations for the Commission shall be forwarded to Council, and final plan approved shall be deemed effective upon rezoning approval by Council. In the case of properties already zoned PUD, a determination by the Planning Commission on a development plan shall be deemed final, and a report of the Commission's findings shall be submitted to Council in accordance with statutory requirements. The development plan, if granted as submitted or modified, shall become a part of the record of the Planning Commission and subsequent Council action.
(Ord. 168. Passed 10-9-90; Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)

1254.07 DEVELOPMENT STANDARDS.

   Any PUD development plan shall comply with the following minimum standards:
   (a)   Utilities. All buildings shall be served by public sewers and water and shall comply with Municipal drainage requirements.
   (b)   Streets. A PUD shall provide either unobstructed frontage on a public street or shall develop a public street to assure public access to the project site. The Planning Commission may require public street dedication within the site and, in any event, streets must be adequate for the provisions of routine and emergency services. Where a PUD includes or abuts an incomplete street, such street shall either be extended or properly terminated in an approved turnaround. When a PUD site is so located as to allow more than one means of ingress and egress, and where additional access has been recommended by the Police and/or Fire Departments to improve the safety of life and property, such additional access shall be provided. Drives and streets within the PUD shall discourage outside traffic to traverse the development and create unnecessary fragmentation of the development into small blocks.
   (c)   Sidewalks. Sidewalks shall be required when developing a PUD, where appropriate, or when deemed necessary for public safety on any existing street adjacent to a PUD site. The planned unit development shall provide for public safety on any existing street adjacent to a PUD site. The planned unit development shall provide for pedestrian circulation within and adjacent to the site.
   (d)   Building Restrictions. In an effort to allow the flexibility in a PUD, building restrictions should be kept to a minimum. Several essential aspects must be adhered to as follows:
      (1)   Building setbacks shall be determined by the Planning Commission according to the use of the buildings and character of the neighborhood.
      (2)   All portions of the land not developed must be landscaped with trees, shrubs and suitable ground cover.
      (3)   Portions of a commercial structure or parking area must be screened from any abutting residential area by a wall or berm measuring not less than four feet in height.
      (4)   No portion of the off-street parking area shall be any closer than twenty-five feet to any property line adjoining a street or sidewalk where appropriate. The remaining twenty-five feet between the parking and property line shall be landscaped.
   (e)   Environmental Quality. Any development within a PUD District shall be so designed as to reasonably protect residents of such development and residents or occupants of neighboring premises with respect to the emission and transmission of noise, smoke, dust, dirt, litter, odor or light glare and with respect to traffic congestion, ease of routine and emergency services, drainage, erosion, light and ventilation, surface and ground water quality, overcrowding of persons, sanitation, property values, general appearance and character and other similar considerations.
   (f)   Signs. Signs shall be in accordance with the City Sign Ordinance.
(Ord. 168. Passed 10-9-90; Ord. 182. Passed 5-12-98; Ord. 184. Passed 5-25-99.)