This chapter is intended to provide, through the conditional use process, a tool to:

   A.   Encourage development of a variety of housing types and densities.

   B.   Create and/or preserve usable open space for recreational and aesthetic enjoyment.

   C.   Preserve to the maximum extent possible the natural characteristics of the land including topography, native vegetation and scenic views.

   D.   Avoid construction in physically unsuitable areas.

   E.   Encourage creativity in design, including flexibility in residential siting to achieve energy conservation by optimum solar orientation.

   F.   Provide for maximum efficiency in the layout of street, utility networks, and other public, private and semiprivate improvements.

   G.   Provide a guide for developers and for city officials who review and approve developments subject to this chapter.

   H.   Provide for a mixing of land uses where enough land area is present to design an integrated neighborhood consisting not only of various types and densities of residences, but to include neighborhood related religious uses, cultural or historical uses, recreational uses, educational uses and neighborhood related commercial uses. (Ord. 2664, 3-29-1993)

A "planned unit development (PUD)" is an area of land, of at least two (2) acres in size, owned by one or more landowners and developed as a single entity under a plan which may provide a variety of land uses, housing types and densities, and which provides design characteristics in addition to those ordinarily allowed by right or condition in the district in which it is located. The density in a PUD may exceed the density allowed by regulations for the district in which it is located by twenty percent (20%). Overall unit density shall be calculated based upon net land area remaining after required park land and right of way have been provided. It is intended that each PUD will be a separate development, having differing design characteristics for the uses and improvements, based on the particular site situation. (Ord. 2664, 3-29-1993)

   A.   Any person requesting approval of a planned unit development shall submit an application for a conditional use permit, pursuant to this title, to allow a PUD in the contemplated location. The application shall be made on forms provided by the agency performing the city's planning and zoning functions. Any required fee shall be paid at the time the application is submitted.

   B.   The application shall be accompanied by any site plan required by this title and by a PUD plan. The information to be provided on any site plan required by this title may be incorporated into the PUD plan. (Ord. 3097, 4-7-2008)

   C.   At the time the application for conditional use permit/planned unit development approval is submitted, the applicant shall also submit any application for subdivision approval, and any preliminary plat, necessary under the city's subdivision ordinance.

   D.   The PUD plan shall contain the following:

      1.   A vicinity map showing the location of the site in its relationship to surrounding areas, including the existing land uses and zoning of both the site and the surrounding area.

      2.   A map of the site, drawn to a scale of not less than one inch (1") to one hundred feet (100'), showing the following:

         a.   Names and dimensions of streets bounding or touching the site, including right of way, paved surface and any alleyways.

         b.   Pedestrian and vehicular circulation patterns within and around the site, including sidewalks and walkways/bikeways.

         c.   Proposed location and height of building including identification of types, density and number of dwelling units or uses in each structure.

         d.   General distances between buildings.

         e.   Off street parking facilities.

         f.   Locations, dimensions and area of common or public open space.

         g.   Proposed drainage patterns and any related drainage developments.

         h.   Existing and proposed topography at not less than five foot (5') contour intervals when the slope exceeds five percent (5%) and not less than two foot (2') contour intervals when the slope is less than five percent (5%).

         i.   Proposed routing of subterranean water lines, storm drains, sanitary sewers, gas, electric, telephone and other utilities.

         j.   Such other physical features as existing streams, canals, railroads, rights of way or easements which affect or are affected by the proposed PUD.

         k.   A landscaping plan showing areas which are to be landscaped and open areas which will be left in a natural state.

   E.   As part of the PUD plan, the applicant shall also submit a written statement providing the following information:

      1.   A schedule showing the time when street and utility improvements will be finally completed and installed, and the proposed method whereby financing and installation of the same will be accomplished and guaranteed.

      2.   The proposed type or types of ownership upon completion of development.

      3.   Proposed restrictive covenants, if any.

      4.   A statement of how the permanence and maintenance of any common open space will be assured. (Ord. 2359, 5-20-1985)

   A.   Subdivision review, as required by the city subdivision ordinance and the Montana subdivision and platting act, and conditional use permit/PUD review as required by this title, shall be held jointly and concurrently by the city's planning board and zoning commission. The zoning commission shall act upon the conditional use permit request. The planning board shall act upon the request for subdivision approval in those cases where the proposed PUD contains a subdivision of land. Notice of each hearing shall be given in the manner provided for in this title for conditional use permit review and in the city's subdivision ordinance and Montana subdivision and platting act for subdivision review.

   B.   At the hearing on the application for a conditional use permit the zoning commission shall consider, but shall not be limited to, the following items: (Ord. 3097, 4-7-2008)

      1.   The city's comprehensive plan and proposed land use of the area contained in the plan.

      2.   The physical features of the land.

      3.   The existing land uses surrounding the proposed PUD.

      4.   The proposed land uses within the area of the proposed PUD, how they will relate to adjoining properties and the general neighborhood, and their compatibility with existing uses of said adjoining properties and general neighborhood.

      5.   The proposed residential density and how it relates to adjoining properties and the general neighborhood.

      6.   The existing and/or proposed public improvements in the area such as schools, roads, parks and other such features.

      7.   The availability of public and semipublic utilities.

      8.   Responsible comments concerning the request by interested citizens. (Ord. 2359, 5-20-1985)

      9.   Other matters set forth in this title.

   C.   After said public hearing and review, the zoning commission shall make written recommendations to the city commission on the proposed project as provided for in this title. If the planning board has reviewed a preliminary plat for any proposed subdivision, it shall make recommendations as provided for in the city's subdivision ordinance and the Montana subdivision and platting act.

   D.   The city commission shall hold public hearings on the application for a conditional use permit as prescribed in this title and shall hold public hearings on any proposed subdivision as provided for in the city's subdivision ordinance and the Montana subdivision and platting act. The notice of the hearings shall be given in the manner provided in this title for conditional use permit review and in the city's subdivision ordinance and the Montana subdivision and platting act for subdivision review. The hearing on the application for conditional use permit/PUD approval shall be held concurrently with the hearing on any proposed subdivision which is part of the proposal. After such hearing, or hearings, the city commission may accept, modify or reject the recommendations of the zoning commission and the planning board, as set forth in this title and in the city's subdivision ordinance and the Montana subdivision and platting act. (Ord. 3097, 4-7-2008)

Minor adjustments to an approved PUD plan may be made and approved, by the agency conducting the city's planning and zoning functions, at the time a building permit is issued by the building department. Minor adjustments are those changes which may affect the precise dimension of buildings and the siting of buildings, but which do not affect the basic character, use or arrangement of buildings, or the basic design, density or open space requirements of the development. (Ord. 2359, 5-20-1985)

Major adjustments are those which substantially alter the basic character, use or arrangement of buildings, or the basic design, density or open space requirements of the development. When, in the opinion of the agency conducting the city's planning and zoning functions, any proposed change or adjustment constitutes a major adjustment, no building permit shall be issued without a review of an amended PUD plan by the planning board and review and approval of the same by the city commission. (Ord. 2359, 5-20-1985)