In view of the trend toward the development of group houses, planned neighborhoods, shopping centers or other planned developments intended for greater convenience or utility, which may necessitate variations from existing regulations, such variations may be permitted; provided, the development plan meets all the requirements specified in this article.

(2005 Code, § 11-701)

   The owner or owners of any continuous tract of land of not less than five acres, unless otherwise permitted by the Planning Commission, may submit an application to the Planning Commission for planned group development.

(2005 Code, § 11-702)

   The developer(s) shall prepare a preliminary plan together with improvement plans and other supplementary material as may be required to indicate the general program and objectives of the project, and shall submit 18 copies of the preliminary plan to the Zoning Administrator at least ten days prior to the Planning Commission meeting at which consideration of the plan is desired.

   (A)   Scale. The preliminary plan shall be drawn on a sheet 18 inches by 24 inches or a multiple thereof at a scale of one inch equals 100 feet or, for areas over 100 acres, one inch equals 200 feet.

   (B)   General information. The following general information shall be shown on the preliminary plan:

      (1)   Proposed name of the planned development. This name must not duplicate, nor resemble, the name of an existing development, so as to cause confusion;

      (2)   Date, north point, and scale of drawing;

      (3)   Appropriate identification clearly stating the map is a preliminary plan;

      (4)   Location of the planned development sufficient to define the location and boundaries of the proposed tract. Names of adjacent subdivisions or, in the case of unplatted land, the name of the property owner or owners; and

      (5)   Names and addresses of the owner, developer, engineer or surveyor, landscape architect or any other persons involved in the planning of the proposed development.

   (C)   Existing conditions. The following existing conditions shall be shown on the preliminary plan: the location, width and names of all existing or platted streets within or adjacent to the tract, together with easements, railroad right-of-way and other important features, such as section lines and corners, city boundary lines and monuments:

      (1)   Contour lines related to some established benchmark or other datum and having the following intervals:

         (a)   Five-foot contour intervals for ground slopes less than 10%; and

         (b)   Ten-foot contour intervals for ground slopes exceeding 10%.

      (2)   Location and direction of all water courses and areas subject to flooding;

      (3)   Natural features such as rock outcroppings, marshes, wooded areas and isolated preservable trees;

      (4)   Existing uses of the property, including location of all existing structures to remain on the property after development;

      (5)   The location within the development and in the adjoining streets and property of existing sewers, water mains, culverts, drainpipes and the electric and gas lines proposed to service the property to be developed; and

      (6)   Zoning on and adjacent to the tract.

   (D)   Proposed plan of land partitioning. The following information shall be included in the preliminary plan:

      (1)   Streets showing location, width, names and approximate grades. The relationship of all streets to any projected streets as shown on any development plan adopted by the Planning Commission or, if there is no complete development plan, as suggested by the Planning Commission to assure adequate area traffic circulation;

      (2)   Easements, showing width and purpose;

      (3)   Lots, showing approximate dimensions, minimum lot sizes and proposed lot and block numbers; and

      (4)   Sites, if any, allocated for various uses when more than one use is involved.

(2005 Code, § 11-703)

   The following information shall be submitted in separate statements and maps accompanying the preliminary plan or if practicable, shall be shown on the preliminary plan:

   (A)   Improvements to be requested of the city and the approximate time such request will be made;

   (B)   Improvements to be made by the developer and the approximate time such improvements are to be completed. Sufficient detail regarding proposed improvements shall be submitted so that they may be checked for compliance with the objectives of this chapter, state laws and other applicable city ordinances. If, however, the nature of the improvement is such that it is impractical to prepare all necessary detail prior to approval of the preliminary plan, the additional details shall be submitted at least 30 days prior to the time of requested approval of the final plan. Agreements on any recommended changes shall be obtained prior to approval of the final plan; and

   (C)   Other information that may be pertinent to the development.

(2005 Code, § 11-704)

   Within 60 days after receiving the preliminary plan for the proposed planned group development, the City Council will review the plan and the reports of the agencies specified in § 11-707, and will establish a public hearing date. Notice of time, place and purpose of the public hearing shall be published in a newspaper of general circulation in the city not less than 20 days prior to the date of hearing.

(2005 Code, § 11-705)

   Within 30 days after the public hearing, the Planning Commission shall approve, approve conditionally or disapprove the plan.

   (A)   If the preliminary plan is disapproved or approved conditionally, the reason for such action shall be stated in writing, a copy of which signed by the Planning Commission Chairman, shall be attached to one copy of the preliminary plan and transmitted to the applicant and a second copy shall be filed in the Planning Commission files until after the final plan is approved.

   (B)   If the plan conforms to all the standards, or after the applicant and Planning Commission agree upon any revisions which shall be filed with the Planning Commission on a revised copy, the applicant may proceed with preparation of a final plan. However, this does not constitute acceptance of the plan by the Planning Commission, but merely an authorization to proceed with the preparation of the final plan.

(2005 Code, § 11-706)

   Within five days after being submitted, the Zoning Administrator shall furnish the specified number of copies of the preliminary plan and supplemental material of the following:

   (A)   City Engineer: one copy;

   (B)   County Engineer: one copy;

   (C)   County Health Department: one copy;

   (D)   Fire Department: one copy to each, if necessary;

   (E)   Park Department: one copy;

   (F)   Utility companies serving the proposed subdivision: one copy each:

      (1)   Electric;

      (2)   Gas;

      (3)   Telephone; and

      (4)   Water.

   (G)   School District Administrator: one copy; and

   (H)   State Highway Department, if development is adjacent to a state highway: one copy. These agencies will be given at least ten days to review the plans, suggest revisions and return the plans to the Zoning Administrator.

(2005 Code, § 11-707)

   (A)   Within six months after tentative approval of the preliminary plan, the developer shall cause the final plan to be prepared in conformance with the preliminary plan as tentatively approved. At least five days prior to the meeting of the Planning Commission, at which the final plan is to be considered, the developer shall submit the original drawing of the final plan prepared on a reproducible Mylar and three prints of the final plan and supplementary information to the city.

   (B)   On the final plan, space for the date and signatures of the following shall be included:

      (1)   Owners and developers of tract to be developed;

      (2)   Chairperson of Planning Commission; and

      (3)   Mayor of the city.

(2005 Code, § 11-708)

   (A)   The final plan shall include all the information required on the preliminary plan with any changes or additions as previously required by the Planning Commission when tentatively approved.

   (B)   The following information shall also be included on or accompany, the final plan:

      (1)   A certificate signed and acknowledged by all parties having any recorded title interest in the tract, consenting to the preparation and recordation of the final plan; and

      (2)   A certificate signed by the engineer or surveyor responsible for any surveys made during preparation of the plan.

(2005 Code, § 11-709)

   The Planning Commission shall review and act upon the final plan within 60 days after it has been submitted for final approval. The Planning Commission shall review and examine the final plan to determine that the plan as shown is substantially the same as it appeared on the approved preliminary plan and that there has been compliance with any conditions that might have been attached to the preliminary plan. If the Planning Commission, after review, determines changes or additions must be made, the developer shall have 60 days to make the changes or additions. If the Planning Commission determines that full conformity has been made, approval of the final plan shall be shown on the plan with the date of such approval, signature of the Chairperson of the Planning Commission affixed, and thereafter be sent to the City Council for official action, either approval or disapproval.

(2005 Code, § 11-710)

   After the plan is duly approved and signed, the Mylar shall be made part of the permanent file of the Zoning Administrator and the Zoning Map shall be corrected to show the attachment of the planned group development.

(2005 Code, § 11-711)

   After filing and recording the final plan, the Planning Commission shall notify the Zoning Administrator in writing, to issue a permit for the planned development.

(2005 Code, § 11-712)

   (A)   A building permit shall not be issued for any building which does not conform to the plan; except that, a reasonable adjustment to location and gross floor area of individual buildings may be granted after a review of the Planning Commission.

   (B)   If the Planning Commission does not approve the adjustment, then the developer shall proceed in accordance with the final plan.

(2005 Code, § 11-713)

   The developer shall make a reasonable effort to commence construction of the proposed planned development within one year from the date of approval.

(2005 Code, § 11-714)

   The following standards shall apply to all planned group development.

   (A)   (1)   The tract must be a contiguous parcel, five acres or more, under one ownership or held jointly by two or more owners.

      (2)   When an adjacent property is added to a previously platted and approved property, and said property has a total of less than five acres, said property may be approved after being re-platted and approved.

   (B)   The proposed development shall be designed to produce an environment of a stable and desirable character, not out of harmony with its surrounding neighborhood, and shall not conflict with the Comprehensive Plan or any parts thereof.

   (C)   Buildings within a residential or office, or institutional planned group development may be relieved of district regulations concerning yard size, setback, height, bulk and other requirements where such requirements interfere with the overall development. However, the buildings within 100 feet or adjacent to the boundaries of the outer limits of the development shall maintain the requirements as established for the district.

   (D)   Off-street parking and loading shall be provided in accordance with the district.

   (E)   Signs shall be permitted in accordance with the district.

   (F)   The Planning Commission shall establish some method of assurance that the development will be completed within five years of the final acceptance of the plan.

(2005 Code, § 11-715) (Ord. 2360, passed 5-6-2014)

   (A)   Residential permitted in Districts R, R-1, R-2, R-3 and MH;

   (B)   Commercial permitted in Districts C-1, C-2 and C-3; and

   (C)   Industrial permitted in District I-1.

(2005 Code, § 11-716)

   (A)   In those districts where permitted, the total number of dwelling units permitted in a planned development shall be determined by dividing the net development area by the minimum lot area requirement of the district in which the planned development is proposed to be located.

   (B)   The area of land set aside for common open space or recreational use shall be included in the net development.

   (C)   When a planned development is located in a one-family district (R and R-1), a maximum of 25% of the dwellings may be multiple dwellings; however, in no case shall there be more than four dwellings per building.

(2005 Code, § 11-717)

   (A)   Motels are permitted within these districts when part of the overall planned development.

   (B)   Residential development is permitted when part of the overall development; however, it must meet the requirements of residential uses normally required in the C-1 and C-2 Districts.

   (C)   If the development abuts or faces a residential district, there shall be a buffer strip of at least 25 feet. The buffer strip shall be fenced or screened as established by the Planning Commission.

(2005 Code, § 11-718)

   (A)   Residential uses are not permitted in planned industrial developments.

   (B)   There shall be no retail uses unless they are accessory in nature and are intended and designed to serve the group development.

   (C)   There shall be no outside storage unless screened as required by the Planning Commission.

   (D)   No storage and industrial operation within 100 feet of residential development shall be permitted.

   (E)   There shall be a 25-foot buffer strip as required by the Planning Commission.

   (F)   Plot or lot coverage shall not exceed 60%.

   (G)   Building height shall not be greater than the height limitation established for the district in which the development is located.

(2005 Code, § 11-719)