The purpose of this article is to:

(1)

Encourage a more desirable living environment;

(2)

Encourage a more efficient, desirable and aesthetic use of land through utilization of modern innovations in residential developments;

(3)

Encourage the reservation of a greater proportion of land for common open areas;

(4)

Encourage the retention of natural slopes, waterways and other natural features by utilizing such areas as open space;

(5)

Encourage more efficient use of these public facilities required in connection with such residential development; and

(6)

Ensure compatibility with established residential areas.

(Code 1984, § 22300)

A planned unit development overlay district shall be established only in conjunction with a residential zone, and shall be designated on the official zoning map with the symbol "PUD" in conjunction with the underlying zone classification (i.e., "R-1 PUD").

(Ord. No. 621; Code 1984, § 22301)

The following general criteria are established for use in the classification of land to the PUD overlay district:

(1)

The district may be established on land that is zoned R-1, R-2, R-3 or R-4 and which is suitable for and of sufficient size to be planned and developed in a manner consistent with the purpose of this article.

(2)

Any application for PUD overlay district shall be accompanied by a master plan for the entire area covered by the application.

(3)

All land in a proposed PUD overlay district shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the PUD overlay district.

(4)

The existing utilities systems (water, sewer, drainage, electrical, gas and communications facilities) must be adequate, or new systems shall be constructed to adequately serve the district.

(5)

Compliance with the general plan shall be established.

(Code 1984, § 22302; Ord. No. 1919, § 1(Exh. 5), 9-27-16)

An application for a PUD overlay district shall be submitted by the owner or his authorized agent, or the purchaser of the land with the consent of the owner. The application shall be accompanied by the following, which should be prepared by a qualified professional team:

(1)

Topographical maps of existing terrain drawn to a minimum five-foot contour.

(2)

A generalized grading plan which indicates proposed earth movement and the results of such movement.

(3)

A utility map or statement reflecting a utility system which includes but is not limited to sewer, water and gas capable of serving the entire development.

(4)

A master plan, which shall show:

a.

The location and boundaries of the proposed district.

b.

The general type, character and height of all buildings or structures, e.g., single-family houses, townhouses, cluster houses or high-rise structures.

c.

Proposed densities of all areas scheduled for residential development.

d.

Proposed uses of all land in the district.

e.

Natural features that are to be retained, i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc.

f.

The location and width of public and private streets, which shall be consistent with the master plan of streets.

(Code 1984, § 22303)

An application for a PUD overlay district shall be accompanied by a fee as prescribed in section 90-1614, pertaining to fees for amendments.

(Code 1984, § 22304)

Upon receipt of an application for a PUD overlay district, the planning commission shall hold a public hearing on such application. If it finds the criteria set forth in this article have been met, it may establish the overlay district subject to such conditions as it deems necessary. The planning commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare. The decision of the planning commission shall be final unless appealed to the city council.

(Code 1984, § 22305)

The public hearing and appeal procedure for a PUD overlay district shall be as prescribed in sections 90-1536, 90-1537, 90-1538 and 90-1539, pertaining to conditional use permit hearings and appeals.

(Code 1984, § 22306)

(a)

The PUD overlay district, and any master plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two years from the date of adoption of the resolution establishing the district.

(b)

An extension of time, not to exceed one year, may be granted by the planning commission or city council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the planning commission in writing prior to the expiration date, and shall clearly state the reasons why the physical development of the district has not been commenced and such overlay district has not been utilized. Conditions of approval may be revised at this time to ensure compliance to new community development standards or conditions that are deemed appropriate since the original approval.

(Code 1984, § 22307)

(a)

After the establishment of a PUD overlay district and prior to the termination date as specified in section 90-578, an application for approval of a development plan which is in substantial conformance with the approved master plan shall be filed with the planning commission. A development plan may cover all or a portion of the district and may be submitted concurrently with the district application. No building permit shall be issued for any new building or structure unless a development plan covering the area has been approved.

(b)

A development plan shall contain the material specified in this section, and shall be prepared by a qualified professional team.

(c)

The development plan shall set forth the following:

(1)

The exact boundaries and legal description of the property to be developed.

(2)

All proposed improvements that are to be constructed on the land, and their precise locations, including but not limited to all residential and nonresidential structures, recreational facilities, walls and fences, trash areas, streets and walk areas.

(3)

Common open space, showing size, grades and function upon completion.

(4)

The location and dimension of all off-street parking facilities, public and private.

(5)

The location and size of all public or quasipublic facilities such as schools, churches and parks.

(6)

A tabulation of the percentage of total building coverage of the development.

(7)

A tabulation of densities within each project area or sector.

(8)

Building elevations of typical architectural styles to be constructed.

(9)

A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces.

(10)

Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet.

(11)

If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with chapter 70 and the state Subdivision Map Act.

(12)

A proposed construction schedule from groundbreaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(Code 1984, § 22308)

All common open space in a PUD overlay district shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following three methods of administering common open space:

(1)

Dedication of common open space to the city, which is subject to formal acceptance.

(2)

Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space.

(3)

Retention of ownership, control and maintenance of all common open spaces by the developer.

All privately owned common open space shall continue as such and shall only be used in accordance with the development plan. Appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan. Such deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space.

(Ord. No. 621; Code 1984, § 22309)

The following design criteria are established for the PUD overlay district:

(1)

The overall plan shall achieve an integrated land and building relationship.

(2)

Open spaces, pedestrian and vehicular circulation facilities, parking facilities and other pertinent amenities shall be an integral part of the landscape, and particular attention shall be given to the retention of natural landscape features of the site.

(3)

The layout of structures and other facilities shall effect a conservation in street and utility improvements.

(4)

Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units.

(5)

Architectural unity and harmony within the development and with the surrounding properties shall be attained.

(Code 1984, § 22310)

The owner or his authorized agent, or the purchaser with the consent of the owner, may submit an application for development plan approval for a PUD overlay district to the planning commission. The planning commission shall hold a public hearing on such application. It may approve the development plan if it finds the criteria set forth in this article have been satisfied, subject to such conditions as it deems necessary. The planning commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety or welfare. The decision of the planning commission shall be final unless appealed to the city council.

(Ord. No. 621; Code 1984, § 22311)

The public hearing and appeal procedure for a development plan for a PUD overlay district shall be as prescribed in sections 90-1536, 90-1537, 90-1538 and 90-1539, pertaining to conditional use permits.

(Code 1984, § 22312)

An application for approval of a development plan for a PUD overlay district shall be accompanied by a fee as prescribed in section 90-1573, pertaining to variance fees.

(Code 1984, § 22313)

The development standards of the underlying zone shall apply to a planned unit development unless they are inconsistent or in conflict with the following standards, which shall control:

(1)

Density.

a.

In any PUD overlay district, the number of dwelling units per net acre of land shall not exceed the number of dwelling units permitted by the underlying zone, except as provided in this subsection.

b.

For the purpose of calculating the number of dwelling units permitted by the underlying zone, the following table shall be used:

c.

The number of dwelling units per net acre of land may be increased if approved by the planning commission, provided such increase shall not exceed the density specified in the following table:

d.

The planning commission, in approving the increase in density, may require additional common amenities, such as but not limited to an increase in common open space, clustering of dwelling units and a general conservation in the amount of land utilized.

(2)

Minimum lot size. Every lot or parcel utilized for a residential structure shall have a minimum width of 24 feet. Each such lot shall front for a distance of not less than 20 feet upon a public or private street or pedestrian accessway.

(3)

Building height. Building heights of the underlying zone may be waived to allow greater flexibility within the development. Consideration shall be given to building heights in relation to adjacent property and building interrelationship within the development.

(4)

Yards.

a.

Generally. Front, side and rear yards shall be as approved on the site development plan in accordance with section 90-579, except as provided in subsections (4)b and (4)c of this section.

b.

Garage or carport setbacks. Garage or carport setbacks shall be as follows:

1.

For an entrance facing a private street or alley, three feet or 20 or more feet.

2.

For an entrance facing a side property line, 15 feet minimum (except for a side street), from the street or alley access to the corner.

3.

For an entrance facing a dedicated street, 20 feet minimum.

c.

Patio covers. The required private open space provided in accordance with subsection (7) of this section may be covered, subject to all of the following requirements:

1.

The covered area is adjacent to a common open space area and the open space is not used as a vehicle accessway.

2.

The covered area is open on not less than one side.

3.

The minimum setback for any portion of the patio cover structure shall be not less than three feet.

4.

Homeowners' association approval has been granted in writing, if required.

d.

Fire accessways. Each development plan shall provide adequate accessways for free movement of men and equipment to provide appropriate firefighting capabilities. Such accessways shall be a minimum of five feet in width and approved by the city fire department.

(5)

off-street parking. off-street parking shall be provided for each use as prescribed in article XL of this chapter.

a.

Covered or open parking compounds may be designed as a functional part of the development. Parking compounds shall be conveniently accessible and adequately screened through the use of walls or landscaping.

b.

The arrangement and access for all parking compounds or parking spaces shall conform to city standards.

c.

Recreational vehicle storage shall be provided with each dwelling or in a compound with spaces equal to one for each ten dwellings.

d.

Visitor parking shall be provided in accordance with the requirements of article XL of this chapter.

(6)

Ground coverage. Total ground coverage of the entire development (not individual lots), shall not exceed that allowed by the underlying zone.

(7)

Private open space. A minimum of 200 square feet of private open space per dwelling unit shall be provided on each individual lot.

(8)

Wall and landscape buffer for yards adjoining certain uses. Where a site adjoins a single-family zone or a site general planned for low density single-family use, a solid masonry wall six feet in height shall be located adjoining the property line, except adjoining a required front yard; and an area at least five feet in depth adjoining the property line shall be landscaped with live plant materials, including trees. Where a carport or garage is placed within three feet of a property line adjoining a single-family zone or a site general planned for low density single-family use, no landscaped buffer is required.

(Ord. No. 621; Ord. No. 918; Ord. No. 1009; Ord. No. 1127; Code 1984, § 22314; Ord. No. 1919, § 1(Exh. 5), 9-27-16)