It is the intention of this section to provide flexibility in design and orientation for the establishment of a structure or group of structures which include multiple dwellings designed in a planned unit development of more than one (1) building on a given site. The requirements of area, height, bulk, parking and placement regulations, as they are usually applicable to individual buildings and individual lots of record, would in certain cases of large scale development have results affording less protection to the public health, safety and welfare than if a measure of flexibility were permitted. The permitting of these planned unit developments as special and particular land uses can, in certain cases, increase the desirability and convenience to the residents or occupants of the planned unit development without causing adverse effects on adjoining properties.

Therefore, the zoning ordinance regulations relative to area, height, bulk parking and placement may, in the planned unit development district, be modified by [actions of] the planning commission, which, in their judgment, provide adequate open space and improvement for circulation, recreation, education, light, air and service needs of the tract when fully developed, provided that in no case may the density of the proposed planned unit development exceed that of the zoning ordinance requirements enumerated in article XXVII of this ordinance.

Within the planned unit development district the following regulations shall apply.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 53-17, 8-25-17)

In all PUD districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one (1) or more of the following:

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Multiple dwellings, including apartment houses, row or townhouse dwellings and residential condominiums.

(d)

Community garages serving the principal residential building.

(e)

Maintenance and management buildings to serve the multiple dwellings.

(f)

Private swimming pools designed and operated only for occupants of the principal multiple dwellings and their personal guests.

(g)

Community buildings in the nature of clubhouses, libraries, reading rooms; community facilities such as laundry rooms and wash rooms, entertainment centers provided that all of the uses in this section are designed and operated only for occupants of the multiple dwellings, which are the principal buildings, and their personal guests.

(h)

Accessory buildings and uses.

(i)

Off-street parking and loading in accordance with the requirements of Article IX. All such parking lots, driveways, and private streets shall be paved with asphalt or concrete and shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area.

(j)

Antique shops.

(k)

Art galleries.

(l)

Bakeries.

(m)

Banks.

(n)

Barber or beauty shop.

(o)

Business schools, and colleges, or private schools operated for profit.

(p)

Churches.

(q)

Clothing or costume rental establishments.

(r)

Day cares.

(s)

Department stores.

(t)

Eating or drinking establishments, with or without entertainment, except those having the principal character of a drive-in facility wherein food is served to a customer in his vehicle.

(u)

Furniture stores, not including consignment stores.

(v)

Grocery stores.

(w)

Hotels.

(x)

Home occupations as defined in Article II.

(y)

Interior decorating establishments.

(z)

Medical and dental offices.

(aa)

Mixed-use buildings:

Buildings containing both residential dwelling units and non-residential commercial uses are permitted. Residential dwelling units may be located on the ground floor of mixed-use buildings provided that a minimum of one thousand five hundred (1,500) square feet of non-residential floor areas is located on the ground floor, or when all the following criteria are met:

1.

The building is a minimum of two (2) stories in height;

2.

Commercial or office uses are restricted to the ground floor;

3.

Each ground floor dwelling unit is at the rear of the building, behind a commercial or office use.

(bb)

Multifamily housing.

(cc)

Musical shops.

(dd)

Offices; either business, professional, or government.

(ee)

Pharmacy.

(ff)

Photographic developing or printing establishments and studios.

(gg)

Shopping center.

(hh)

Studios for music, dancing, or theatrical instruction.

(ii)

Theatre, dance halls or similar places of assembly.

(jj)

Any other substantially similar activity.

(kk)

Residential care facilities.

(ll)

Family child-care home, with the following limitations:

1.

There shall be a maximum of ten (10) children allowed in the home of which no more than six (6) shall be unrelated to the care provider. No more than four (4) children under twelve (12) months of age nor more than six (6) children under six (6) years of age, including the provider's own or related children, shall be kept in the home.

2.

No person may be employed that is not a resident of the premises.

3.

Otherwise fully complies with the provisions of a home occupation as provided in Section 2.01 of this Code.

(Ord. No. 23-14, Exh. A, 7-8-14)

A.

A PUD shall be five (5) acres or greater in size.

B.

All streets must be constructed to public standards found in Article V of the Henderson City County Subdivision Regulations.

C.

Sidewalks required: Sidewalks shall be provided within PUDs along roadways. Pedestrian sidewalks/pathways shall be provided in the development to connect amenity areas and open space areas to main areas of development. Sidewalks may be platted as easements or as parcels. Sidewalks shall be constructed to Section 5.7 of the Henderson City-County Subdivision Regulations.

D.

Buffers: Internal buffers of no less than fifteen (15) feet shall be installed between dissimilar uses within the PUD, and external buffers of no less than twenty-five (25) feet shall be installed between dissimilar uses of adjoining lots outside of the boundaries of the PUD.

E.

PUD open space: Generally, PUDs shall include dedicated acreage for open space in accordance with the formula established in subsection (1), below. Open space may include a combination of common and recreational (active or passive) elements as indicated in subsection (2) below, so long as a minimum of twenty-five (25) percent of the recreational elements provided are made up of active features. The use of specific elements shall be at the discretion of the developer. Open space shall be provided in a manner that is sensitive to the design and anticipated use of the proposed development and should be designed to provide maximum benefit to the inhabitants of the development through its central location, when possible. Location of features along the exterior boundary of the PUD is discouraged.

1.

Open space calculation formulas. To calculate the required open space involves the use of two (2) formulas; the formula for the recreational open space and the formula for the common open space. The results obtained from the two (2) formulas are then added together to determine the total required open space:

(a)

Recreational PUD open space: At a minimum, the amount of recreational open space within a PUD shall be calculated according to the following formula:

A ₁ = D × 2.2 × 0.01

Where:

A ₁ = the required upland open space area;

D = the number of dwelling units in the PUD;

Average household density = 2.2 persons; and the
Number of acres required per person = 0.01 acres per person.

(b)

Common PUD open space:

A ₁ = D × 2.2 × 0.01 / 2

where:

A ₁ = the required common open space area;

D = Number of dwelling units in a PUD;

Average household density = 2.2 persons; and the
Number of acres required per person = 0.01 acres per person.

2.

Acceptable common and recreational open space features.

(a)

Common open space uses include, but are not limited to:

i.

Natural open water bodies and/or water bodies of at least three (3) acres in size capable of supporting aquatic life (generally with a depth of at least four and one-half (4½) feet that can serve for recreational uses.

ii.

Natural areas of undisturbed vegetation with maintenance limited to removal of litter, dead trees, plant material and brush.

iii.

Areas of cultural significance such as locally or nationally listed historic and archeological sites (including structures).

A developer proposing to use lakes or stormwater ponds to meet the common space requirements must provide certification to the HWU and city engineer that such lake or stormwater pond has been designated to be perpetually filled and capable of supporting aquatic life (generally a minimum perpetual water depth of eight (8) feet from the bottom storage or outlet elevation is required).

(b)

Recreational open space uses include, but are not limited to:

(i)

Parks, play grounds, tot-lots, dog parks, picnic areas, basketball courts, tennis courts, swimming pools and similar uses.

(ii)

Greenways, greenbelts, squares and village greens.

(iii)

Bicycle paths, bridle paths, footpaths and sidewalks provided such paths are improved with a surface suitable for the intended use.

(iv)

Lands and appropriate facilities that provide access to rivers and waterways.

(v)

Land burdened with easements may be used provided that the easements do not interfere with the use of the land for open space and recreational purposes and if future development does occur, then alternate open space is provided.

3.

Documentation of PUD open space. The provision of open space shall be documented within the written narrative and shown on the conceptual plan. Expected narrative and conceptual plan contents to address this requirement are stated below.

(a)

Written narrative contents. The written narrative shall explain the intended use of any open space and provide detail as to how such spaces will be accessible, integrated to the overall development and maintained. A single statement indicating that open space will be provided is not acceptable.

(b)

Conceptual plan content. The conceptual plan shall show all areas intended for open space with their acreage and intended access points. Additionally, a conceptual layout of the equipment or features that will be located in such areas shall be provided as either an attachment to the PUD application or on the conceptual plan.

4.

Open space access. Open space shall be accessible to all inhabitants of the development. Access to such features shall be provided through a minimum twenty-foot dedicated access point, and not via open storm drainage ditches, swales or easements between or across adjacent properties. Access, however, may be provided via a twenty-foot wide easement over piped storm drainage ditches, swales, or easements, subject to the city engineer and HWU engineering approval. Access easements to be shared with improvements adjacent to drainage must be approved by the appropriate agency.

5.

Open space requirement for commercial PUDs: Commercial PUDs shall provide a minimum of five (5) percent of the total project area as open space.

F.

Parking:

1.

Location:

(a)

On-site parking areas shall be located at the rear or side of the building except for driveways connecting to the rear or side of-street parking area, unless modified by the planning commission. No on-street parking shall be located at the corner of two (2) intersecting streets.

2.

Parking reduction: All commercial uses, and mixed use buildings, are allowed a fifty-percent parking reduction from the required on-site parking spaces as set forth in section 9.01, should they satisfy two (2) of the following requirements for reduction. This exemption does not include any reduction of required ADA compliant handicap parking.

(a)

Rain gardens and best management practices constitute a significant means of treating stormwater;

(b)

The parking areas utilize pervious concrete or pavers;

(c)

The developer provides a public transit facility (bus shelter) within the site;

(d)

The developer provides bike paths or bike lanes along either public roadways or internally.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 53-17, 8-25-17)

After the recommendation by the planning commission and rezoning by the city commission, the applicant must comply with the following:

(a)

An application in writing shall be submitted to the planning commission by the owner or his authorized representative for approval of a plan of any proposed development anticipated under this district provision of these regulations.

(b)

Ten (10) copies of the plan, at a scale of not less than one hundred (100) feet to the inch, showing the following, shall be submitted with the application:

1.

The title under which the proposed development is to be recorded, the legal description of the land to be developed, the name of the present owner, and the name and address of the technical author of the plan.

2.

The owners of adjacent property as well as the existing zoning classification on such tracts.

3.

A topographic area map showing the location of existing property lines, the adjoining streets, alleys, buildings, drains, easements, swamps, water courses, and other physical site features which relate to the development.

4.

The proposed method of water supply, sewage disposal, and storm drainage, and other data as may be required by the planning commission to clearly indicate the general design of said facilities.

5.

The size and location of existing sewer, water, storm drainage and thoroughfares in the area.

6.

The location and dimensions of lots, building lines, alleys, easements, parks, and other public properties on the property to be developed. All lots in a preliminary plan shall be designated by consecutive numbers starting with one (1).

7.

All proposed uses of the property to be developed shall be indicated on the plan.

8.

Date, north point, and graphic scale.

9.

Bearings and distances of all courses of the exterior boundary of the proposed development and its area in acres.

10.

The required open space calculations as per subsection 15.03(D).

11.

All parking areas and any required amenities to qualify for a parking reduction in subsection 15.03(E).

12.

The total density of the project.

13.

Any other data as may be deemed pertinent by the planning commission.

(c)

Developer shall furnish to the planning commission a statement indicating the approved uses to which the development will be put, along with a description of the type of residential buildings and number of units contemplated, so as to reveal the effect of the development on traffic, fire hazards, or congestion of population.

(d)

The planning commission may approve, with changes, or deny the plan as submitted. However, the applicant shall not obtain building permits until the planning commission has approved the final plan.

(e)

Any further amendments or changes need to be resubmitted to and approved by the planning commission.

(Ord. No. 23-14, Exh. A, 7-8-14)