(Ord. passed 5-18-2017)

(a)

Description. A planned development (PD) district is a special district that can be pursued by an applicant in which a stand alone ordinance regulating the development is drafted and which binds the development to its unique language.

(b)

Creation. The procedure for the creation of a PD district shall be consistent with the process set forth in sections 153-225 through 153-237.

(c)

Maps. PD districts shall be identified with "PD" on the official zoning map. When possible, the ordinance number adopting the PD should also be labeled on the official zoning map.

(d)

Regulations.

(1)

Development standards. The requirements of sections 153-120 through 153-195 shall apply to planned developments unless alternate standards are deemed appropriate by the planning and zoning commission in order to accomplish the intent of the planned development. Any lessening of the required standards of the zoning ordinance shall be directly linked to the district intent of the planned development described on the previous page.

(2)

Regulating plan and ordinance. A regulating plan and ordinance shall indicate the proposed land uses, location of all proposed improvements, proposed regulations, and other specifications which shall govern the planned development. If the regulating plan and ordinance is silent or does not address a particular land use, development standard, design standard, or other specification, the zoning administrator shall determine the best fitting zoning district and apply the regulations from that district where the PD district is silent. If a best fit cannot be determined, then the standards from the previous zoning district that applied to the subject land shall be used.

(Ord. passed 5-18-2017)

A proposal for a PD district shall be initiated by the property owner(s). The site proposed for a planned development shall be under single ownership, or if multiple owners exist a legal document, legal partnership, or corporation shall be provided indicating that all owners of property support and desire to develop the land. Said legal document shall also indicate who the owners appoint as their representative.

(Ord. passed 5-18-2017)

All proceedings brought under sections 153-100 through 153-105 are subject to the rules of procedure of the planning and zoning commission. All applications that involve subdivision of land shall also be subject to the city subdivision control ordinance.

(Ord. passed 5-18-2017)

(a)

Life safety. Under no circumstance shall a planned development be exempt from a new or modified ordinance that is intended to protect life safety and/or risk of injury.

(b)

Non-conformances. Under no circumstances shall a planned development alter the determination of legal non-conformances determined in sections 153-210 through 153-215.

(c)

Process. Under no circumstances shall a planned development alter the processes described in sections 153-225 through 153-237.

(d)

Enforcement. Under no circumstances shall a planned development limit the city of Henderson's right to enforce its city code or this zoning ordinance as described in sections 153-250 through 153-266.

(e)

Definitions. Under no circumstances shall a planned development alter the definition or define the same term differently than it is defined in sections 153-280 and 153-281.

(f)

Fees or penalties. Under no circumstances shall a planned development limit the city's fees or penalties related to zoning processes, waivers, variances, building code compliance, zoning compliance, and subdivision control compliance.

(g)

Rezoning to standard district. All planned developments or subdistricts thereof, once 90 percent built-out are subject to being rezoned into an appropriate standard zoning district if the city deems it necessary to better or more efficiently administer the development.

(Ord. passed 5-18-2017)

(a)

Exemption. If a development preserves 25 percent or more of the land being developed to preserve an otherwise developable quality natural feature, no additional open space or usable open space requirement shall apply.

(b)

Designation of open space. A planned development shall not be approved, unless the design provides for permanent landscaped or natural open space. Open space shall be provided in at least the following percentage of the total gross area of the planned development by type of use:

(1)

Single-family residential use. 15 percent of all land being developed shall be open space, and 25 percent of that minimum open space area shall be usable space for recreation, accessible to residents, and conveniently located. Privately owned yards shall not count as open space.

(2)

Multiple-family residential use. 15 percent of all land being developed shall be open space, and 25 percent of that minimum open space area shall be usable space for recreation, accessible to residents, and conveniently located. Privately owned yards shall not count as open space.

(3)

Office and institutional use. 20 percent of all land developed shall be open space.

(4)

All other uses. Five percent of all land developed shall be usable open space.

(c)

Maintenance of open space. Open space shall be owned and maintained in perpetuity by either the:

(1)

Applicant or original owner;

(2)

An owner's association or other not for profit corporation established for the purpose of maintaining common area and common structures;

(3)

A not-for-profit corporation, like a land trust;

(4)

Lot owner(s) within the development; or

(5)

A municipal or public corporation, if it agrees by contract to accept the responsibility.

(d)

Mixed-uses. In the case of mixed-uses, permanent open space shall be allocated to the property in proportion to the uses assigned to the planned development and shall be located in close proximity to those uses.

(e)

Development in stages. If the preliminary plan provides for the planned development to be constructed in phases, at a minimum, open space shall be provided for each phase of the development in proportion to that phase's fractional use of the entire site.

(Ord. passed 5-18-2017)