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Horizon City City Zoning Code

CHAPTER 13

PLANNED UNIT DEVELOPMENT 1

[1]
Editor’s note–Chapter 13 was added by Ordinance 0102-001, adopted 5/13/03.

§ 1301 Scope of Chapter.

This Chapter regulates the design and development of the Planned Unit Development Zoning District (“PUD”).
(Ordinance 0102-001 adopted 5/13/03)

§ 1302 General Zone.

PUD
(Ordinance 0102-001 adopted 5/13/03)

§ 1303 PUD Overview.

A Planned Unit Development District must consist of an area of not less than 75 contiguous acres and not more than 300 contiguous acres. The allowable average density in the Planned Unit Development District may be up to 9 units per gross developed acre.
(Ordinance 0102-001 adopted 5/13/03)

§ 1304 Purpose.

The purpose of this District is to allow mixed use development, which incorporates, compatible residential, and commercial uses with the PUD boundaries. A PUD diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of residents.
(Ordinance 0102-001 adopted 5/13/03)

§ 1305 Permitted Uses.

In order to achieve the Purpose and Scope of the PUD, the Permitted Uses in the PUD shall be comprised of the following uses:
A. 
Neighborhood Center Area.
A Neighborhood Center Area serves as the focal point of a Planned Unit Development District, containing retail, commercial, civic, and public services to meet the daily needs of community residents. A Neighborhood Center Area is pedestrian-oriented, and it is designed to encourage pedestrian movement between a Mixed Residential Area and a Neighborhood Center Area. A square is encouraged in a Neighborhood Center Area. Retail and commercial uses should generally be located adjacent to a square. Neighborhood Center Area uses may include retail shops, restaurants, offices, banks, hotels, post office, governmental offices including but not limited to City Hall, Horizon City Police Department, Fire Department and Water Authority, churches, community centers, and attached residential dwellings.
B. 
Mixed Residential Area.
A Mixed Residential Area includes a variety of residential land uses including single-family residential, duplex, townhouse, and multifamily. Residential scale retail and commercial uses are permitted within a Mixed Residential Area with strict architectural and land use controls. Retail and commercial uses in a Mixed Residential Area are required to blend into the residential character of the neighborhood. A Mixed Residential Area includes open spaces including small squares, pocket parks, community parks, and greenbelts. A Mixed Residential Area promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Mixed Residential Area uses include single-family homes, condominiums, townhouses, apartments, offices, restaurants, neighborhood scale retail, and civic uses.
C. 
Neighborhood Edge Area.
A Neighborhood Edge Area is the least dense portion of a Planned Unit Development, with larger lots and greater setbacks than the rest of the neighborhood. Direct vehicular access to the street is permitted. Only single-family residential dwellings are permitted. A Neighborhood Edge Area is appropriate along the perimeter of the neighborhood. A portion of a Planned Unit Development that adjoins existing or platted conventional low density housing must be designated as a Neighborhood Edge Area.
D. 
Civic uses.
Civic uses that are oriented to the general public are permitted in a Neighborhood Center Area and a Mixed Residential Area. These uses are essential components of the social and physical fabric of a Planned Unit Development District. Special attention should be paid to the location of government offices, libraries, water authority, fire department, museums, schools, churches, and other prominent public buildings to create focal points and landmarks for the community. The locations of these major public civic uses are designated on the Development Plan at the time of zoning approval.
E. 
Streets and Alleys.
A Planned Unit Development is designed to be pedestrian oriented. To accomplish this goal, street pattern and design is used to reduce vehicle travel speeds and encourage pedestrian activity. An interconnected network of streets and alleys may be utilized in the PUD. Streets may be smaller than in conventional development and more varied in size and form to control traffic and give character to the neighborhood.
F. 
Open space.
Open space is a significant part of a Planned Unit Development District design. Formal and informal open spaces are required. The serve as areas for community gatherings, landmarks, and as organizing elements for the neighborhood. Open space includes squares, plazas, greens, preserves, parks, and greenbelts.
(Ordinance 0102-001 adopted 5/13/03)

§ 1306 Definitions.

The following definitions apply to this Chapter.
1306.1 
Art and Craft Studio (General):
1306.2 
Use of a site for the production of artwork by one or more individuals and the incidental sale of the art produced, limited to the use of hand tools, domestic mechanical equipment not exceeding two horsepower, or a single kiln not exceeding eight kilowatts.
1306.3 
Art and Craft Studio (Limited):
Use of a site for the production of artwork by not more than one individual and an assistant and the incidental sale of the art produced.
1306.4 
Building Maintenance Services:
Use of a site for provision of maintenance and custodial services to firms rather than individuals. This use includes janitorial service, landscape, maintenance, and window cleaning services.
1306.5 
Business or Trade School:
Use of a site for provision of education or training in business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a home occupation, college, university, or public or private educational facility.
1306.6 
Business Support Services:
Use of a site for sale, rental, or repair of equipment or supplies used by office, professional, or service establishments, but excludes automotive, construction, and farm equipment. This use includes office equipment and supply firms, small business machine repair shops, and hotel equipment and supply firms.
1306.7 
Commercial Off-Street Parking:
Use of a site for the parking of motor vehicles on a temporary basis within a privately owned off-street parking facility. This use includes commercial parking lots and garages and excludes parking as an accessory use.
1306.8 
Communication Service Facilities:
Use of a site for the provision of broadcasting or information relay services through electronic and telephonic mechanisms, but excludes major utility facilities. This use includes television, film, or sound recording studios, telecommunication service centers, and telegraph service offices.
1306.9 
Community Recreation (Private):
Use of a site for the provision of an indoor or outdoor recreational facility for use by residents or guests of a residential development, planned unit development, church, private primary or secondary educational facility, club or lodge, or nonprofit organization.
1306.10 
Community Recreation (Public):
Use of a site for the provision of an indoor or outdoor recreational facility for use by the general public, but not for economic gain.
1306.11 
Consumer Convenience Services:
Use of a site for the provision of convenient and limited services to individuals in access-controlled facilities that make twenty-four-hour operation possible. This use includes the renting of private postal and safety deposit boxes to individuals and automated banking machines.
1306.12 
[sic] Consumer Repair Services:
Use of a site for the provision of repair services to individuals or households rather than firms. This use includes appliance repair shops, watch or jewelry repair shops, and musical instrument repair shops, and excludes automotive repair services, equipment repair services, and service stations.
1306.13 
Convalescent Services:
Use of a site for the provision of bed care and inpatient services for persons requiring regular medical attention. This use excludes the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addition, mental disease, or communicable disease.
1306.14 
Cultural Services:
Use of a site for a library, museum, or similar facility.
1306.15 
Day Care Services (Commercial):
Use of a site for the provision of daytime care for more than 20 persons. This use includes nursery schools, preschools, day care centers for children or adults, and similar uses, and excludes public and private primary or secondary educational facilities.
1306.16 
Day Care Services (General):
Use of a site for the provision of daytime care for more than 6 but not more than 20 persons. This use includes nursery schools, preschools, day care centers for children or adults, and similar uses, and excludes public and private primary or secondary educational facilities.
1306.17 
Day Care Services (Limited):
Use of a site for the provision of daytime care for six persons or less. This use includes nursery schools, preschools, day care centers for children or adults, and similar uses, and excludes public and private primary or secondary educational facilities.
1306.18 
Electronic Prototype Assembly:
Use of a site for the assembly of prototype electrical and electronic components for computers, computer peripherals, scientific or medical measuring or analyzing instruments, radio, telephone, and similar equipment. This use excludes the production of goods for sale to customers, and chip, wafer, or semiconductor prototype assembly.
1306.19 
Family Home:
Use of the site for the provision of a family-based facility providing 24-hour care in a protected living arrangement with not more than two supervisory personnel and not more than six residents who are suffering from orthopedic, visual, speech, or hearing impairments, Alzheimer’s disease, pre-senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism, or emotional illness.
1306.20 
Food Sales:
Use of a site for the retail sale of food or household products for home consumption. This use includes grocery stores, delicatessens, meat markets, retail bakeries, and candy shops.
1306.21 
General Retail Sales (Convenience):
Use of a site for the sale or rental of commonly used goods and merchandise for personal or household use, but excludes uses classified more specifically in this section. This use includes the provision of household cleaning and maintenance products, drugs, cards, stationery, notions, books, tobacco products, cosmetics, specialty items, apparel, jewelry, fabrics, cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, office supplies, and bicycles.
1306.22 
General Retail Sales (General):
Use of a site for the sale or rental of commonly used goods for personal or household use, but excludes uses classified more specifically in this section. This use includes department stores, furniture stores, and establishments providing home furnishings, appliances, wallpaper, floor covering, or automotive parts and accessories (excluding service and installation).
1306.23 
Group Home, Class I (General):
Use of a site for the provision of a family-based facility providing 24-hour care in a protected living arrangement for more than 6 but not more than 15 residents and not more than 3 supervisory personnel. This use includes foster homes, homes for the physically and mentally impaired, homes for the developmentally disabled, congregate living facilities for persons 60 years of age or older, [and] maternity homes.
1306.24 
Group Home, Class I (Limited):
Use of a site for the provision of a family-based facility providing 24-hour care in a protected living arrangement for not more than 6 residents and 2 supervisory personnel. This use includes foster homes, congregate living facilities for persons 60 years of age or older, maternity homes, and homes for persons with physical or mental impairments not listed in the description of family home use. Persons with physical or mental impairments are persons whose impairments substantially limit one or more of the person’s major life activities, who have a record of the impairment, or who are regarded as having the impairment, as defined in the Americans with Disabilities Act.
1306.25 
Hospital Services (Limited):
Use of a site for the provision of medical, psychiatric, or surgical services on an outpatient basis, and includes emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, and visitors.
1306.26 
Live/Work Units:
Use as a dwelling unit that includes commercial use on the ground floor and consists of a minimum of two stories.
1306.27 
Local Utility Services:
Use of a site for the provision of services that are necessary to support the development in the area and involve any minor structures including lines and poles.
1306.28 
Lodging House Residential (Club or Lodge):
Use of a site for provision of meeting, recreational, or social facilities by a private or nonprofit association, primarily for use by members and guests. This use includes private social clubs and fraternal organizations.
1306.29 
Major Utility Facilities:
Use of a site for the provision of generating plants, electrical switching facilities or primary substations, refuse collection or disposal facilities, water or wastewater treatment plants, or similar facilities.
1306.30 
Parks and Recreation Services (General):
Use of a site for the provision of parks, playgrounds, recreation facilities, or open spaces available to the general public and under the management or control of a public agency.
1306.31 
Park and Recreation Services (Special):
Use of a site for the sale of beer or wine in a building that is located in a park or recreation facility under the management or control of a public agency.
1306.32 
Postal Facilities:
Use of a site for the provision of postal services and includes post offices, bulk mail processing, and sorting centers operated by the United States Postal Service.
1306.33 
Private Primary Educational Facilities:
Use of a site for a private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state.
1306.34 
Private Secondary Education Facilities:
Use of a site for a private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.
1306.35 
Public Primary Educational Facilities:
Use of a site for a public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state.
1306.36 
Public Secondary Education Facilities:
Use of a site for public school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.
1306.37 
Religious Assembly:
Use is [of a site for] regular organized religious worship or religious education in a permanent or temporary building. The use excludes private primary or secondary educational facilities, community recreational facilities, day care facilities, and parking facilities. A property tax exemption is prima facie evidence of religious assembly use.
1306.38 
Retirement Housing (Small Site):
Use of a site for 3 to 12 dwelling units designed and marketed specifically for the elderly, the physically handicapped, or both.
1306.39 
Safety Services:
Use of a site for provision of public safety and emergency services, and includes police and fire protection services and emergency medical and ambulance services.
1306.40 
Restaurant (Drive-In, Fast Food):
Use of a site for the preparation and retail sale of food and beverages, excluding alcoholic beverages, in a ready-to-consume state. This use includes the sale of:
(a) 
ready-to-eat foods, frozen deserts, or beverages in edible or disposable containers;
(b) 
foods that customers carry to the restaurant’s seating facilities, to motor vehicles, or off-premises; and
(c) 
foods through a drive-through window.
1306.41 
Restaurant (General):
Use of a site for the preparation and retail sale of food and beverages for on-premises consumption, including the on-premise sale and consumption of alcoholic beverages as an accessory use. This use includes diners, dinner-houses, and restaurants not otherwise defined as restaurant (limited) or restaurant (drive-in, fast food), and excludes a business offering only hors d’oeuvres or desserts.
1306.42 
Restaurant (Limited):
Use of a site for the preparation and retail sale of food and beverages. This use includes soda fountains and ice cream parlors, and excludes fast-food and drive-in restaurants, and excludes the sale of alcoholic beverages for on-premise consumption.
1306.43 
Service Station:
Use of a site for the provision of fuel, lubricants, parts and accessories, or incidental services to motor vehicles.
1306.44 
Software Development:
Use of a site for development or testing of computer software packages including magnetic disks, tapes, and associated operating manuals. This use excludes printing, distribution, and software manufacturing.
1306.45 
Theater:
Use of a site for presentation of plays, motion pictures, or other dramatic performances within a building.
(Ordinance 0102-001 adopted 5/13/03)

§ 1307 Rules of Construction.

The masculine gender shall include the feminine and the neuter. The singular number includes the plural.
(Ordinance 0102-001 adopted 5/13/03)

§ 1308 Zoning Procedure.

A Planned Unit Development District (“PUD”) is a zoning district that is created in the same manner as other zoning districts. Additional requirements are described in this Chapter.
1308.1 
Presubmittal Meeting
An application for zoning or rezoning to a Planned Unit Development may not be accepted for filing before the applicant meets with the Director of Public Works (“Director”) and the City Engineer or their designee in a presubmittal meeting. The purpose of the meeting is to acquaint the city staff with the proposed development, provide the applicant with preliminary staff comments, and identify major concerns or the need for additional data. Discussion topics at the meeting may include transportation, the environment, drainage, land use, and design concepts.
1308.2 
Development Plan Required
Following the Presubmittal Meeting, an applicant for a Planned Unit Development shall prepare a Development Plan as part of the zoning application. The Development Plan must contain the following information:
1. 
Locations and sizes of the Neighborhood Center Area, Mixed Residential Area, and, if applicable, Neighborhood Edge Area.
2. 
Locations of civic uses, if any.
3. 
Locations of commercial uses in Mixed Residential Areas.
4. 
Locations and sizes of Open Space.
5. 
A proposed construction phasing plan for the development.
6. 
Locations and types of proposed drainage controls.
7. 
The locations of major utility facilities and easements that are within or immediately adjacent to the proposed PUD.
8. 
Preliminary architectural standards that are consistent with the architectural objectives of this chapter.
9. 
All additional reasonable information required by the Director to demonstrate compliance with the PUD concept.
1308.3 
Adoption Of Development Plan
The Development Plan for the Planned Unit Development District shall be included in the ordinance zoning or rezoning the land as a Planned Unit Development District[.]
1308.4 
Revisions to Development Plan
1308.4.1 
Minor revisions. The Director, through consultations with the City Engineer, may administratively approve minor revisions to a Development Plan if the Director determines that there are no adverse effects on areas that are part of a final plat. The following are minor revisions:
1. 
The location of a Neighborhood Center Area, a Mixed Residential, or a Neighborhood Edge Area may be revised if the Director determines that (a) the basic layout of the Planned Unit Development remains the same, and (b) the district functions as well as before the revision.
2. 
The size of a Neighborhood Center Area, a Mixed Residential, a Neighborhood Edge Area, may be revised if the Director determines that (a) the basic layout of the Planned Unit Development District remains the same, (b) the district functions as well as before the revision, and (c) the size of the Area is not changed by more than twenty five percent (25%) of the size shown on the original Development Plan.
3. 
The location of a major civic use may be revised if the Director determines that (a) the revised location is appropriate, and (b) the transportation network, the infrastructure, and the overall land use mix are not adversely affected. The Director may not approve a revision that includes the addition of a major civic use within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area.
4. 
The location or size of private open space may be revised if the overall amount of open space acreage does not decrease more than 10%, and the Director determines that the quality and functionality of the revised open space is the same or better. The Director may not approve a revision that includes the deletion of open space within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area.
5. 
The location or size of a public open space may be revised if the overall amount of public open space acreage does not decrease, and the Director determines that the quality and functionality of the revised public open space is the same or better. The Director may not approve a revision that includes the deletion of a public open space within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area. The location or size of a public open space may not be revised without the approval of the Director of Public Works.
6. 
A construction phasing plan may be revised.
7. 
The location or type of a drainage or water quality control may be revised if the Director determines that (a) the basic layout of the PUD remains the same, and (b) the revised location or type of control functions as well as the previous location or type of control.
8. 
The locations of major utility facilities and easements may be revised if the Director determines that the revised locations are more appropriate or functional.
9. 
A preliminary architectural standard may be revised if the Director determines that the revised standard is consistent with the architectural character of the PUD.
1308.4.2 
Major revisions. All revisions other than those described in subsection 1308.4.1 and appeals from denials of requests for Minor revisions must be submitted to City Council for approval.
(Ordinance 0102-001 adopted 5/13/03)

§ 1309 Planned Unit Development District Permitted Uses.

1309.1 
Neighborhood Edge Area Permitted Uses
1309.1.1 
Single-family residential use and garage apartments are permitted in a Neighborhood Edge Area.
1309.1.2 
Civic Use is permitted in a Neighborhood Edge Area if shown on the Development Plan.
1309.1.3 
Public, Private or Parochial School.
1309.1.4 
All other uses are prohibited in a Neighborhood Edge Area.
1309.2 
Neighborhood Center Area and Mixed Residential Area Uses
The table below lists the permitted uses within a Neighborhood Center Area and a Mixed Residential Area of a Planned Unit Development District. “MRA” means Mixed Residential Area, “NCA” means Neighborhood Center area, “P” means that a use is permitted, “P*” means that a use is permitted but subject to additional regulations as noted herein, and “X” means that a use is not permitted. Uses not listed in the table are not permitted.
TABLE OF PERMITTED USES
RESIDENTIAL USES
MRA
NCA
Condominiums
P
P
Duplex Residential
P
X
Group Residential
X
X
Lodging House Residential
P
P
Multifamily Residential
P
P
Retirement Housing (Large Site)
P
X
Retirement Housing (Small Site)
P
P
Schools, (Public, Parochial, or Private)
P
P
Townhouse Residential
P
P
COMMERCIAL USES
 
 
Administrative & Business Office
P
P
Art & Craft Studio (General)
X
P
Art & Craft Studio (Limited)
P
P
Automotive Rentals
X
P
Automotive Repair Services
X
X
Bed and Breakfast
P
P
Business or Trade School
X
P
Business Support Services
X
P
Cocktail Lounge
P
P
Commercial Blood Plasma Center
X
X
Commercial Off-Street Parking
X
P
Communications Services
X
P
Consumer Convenience Services
P
P
Consumer Repair Services
P
P
Drop-off Recycling Collection Facility
X
P
Electronic Prototype Assembly
X
P
Financial Services
X
P
Food Sales
P
P
General Retail Sales (General)
X
P
Hotel-Motel
X
P
Indoor Entertainment
X
P
Indoor Sports & Recreation
X
P
Kennels
X
P
Live/Work Units
P
P
Medical Offices
P
P
Off-site Accessory Parking
X
P
Outdoor Sports & Recreation
P
P
Pawn Shop Services
X
P
Personal Improvement Services
P
P
Personal Services
P
P
Pet Services
P
P
Professional Office
P
P
Research Assembly Services
X
P
Restaurant (Drive In, Fast Food)
X
P
Restaurant (General)
P
P
Service Station
X
P*
Software Development
P
P
INDUSTRIAL USES
 
 
Custom Manufacturing
X
P
CIVIC USES
 
 
Club or Lodge
P
P
College & University Facilities
X
P
Communication Service Facilities
P
P
Community Recreation (Private)
P
P
Community Recreation (Private) [sic]
P
P
Congregate Living
X
P
Convalescent Services
X
P
Cultural Services
P
P
Day Care Services (Commercial)
X
P
Day Care Services (General)
P
P
Day Care Services (Limited)
P
P
Family Home
P
P
Group Home, Class I (General)
X
P
Group Home, Class I (Limited)
X
P
Guidance Services
X
P
Hospital Services (Limited)
X
P
Major Utility Facilities
X
X
Park & Recreation Services (General)
P
P
Park & Recreation Services (Special)
P
P
Postal Facilities
X
P
Private Primary Educational Facilities
P
P
Private Secondary Educational Facilities
P
P
Public Primary Educational Facilities
P
P
Public Secondary Educational Facilities
P
P
Religious Assembly
P
P
Safety Services
P
P
Telecommunications Tower
X
P
Transportation Terminal
X
X
1309.3 
Additional Regulations for NCA and MRA
1309.3.1 
A principal building must have its entrance from a street or plaza.
1309.3.2 
Drive-through facilities and other facilities that allow people to remain in vehicles while receiving products or services are prohibited. This prohibition does not apply to the fueling facilities of a service station or to a pharmacy.
1309.3.3 
A residential use may be located above the first floor and on the first floor of a commercial building; however, any residential use on the first floor of a commercial building shall not face the street.
(Ordinance 0102-001 adopted 5/13/03)

§ 1310 Land Development Standards.

The Land Development Standards set forth in Ordinance No. 0035 [the subdivision ordinance] apply to the PUD except as provided herein. The requirements of this Chapter shall supersede any inconsistent provisions of the City Code or other ordinance.
1310.1 
Land Use Allocations
Each lot within a PUD must be allocated to a particular land use category. The amounts of land that must be allocated to particular land use categories, excluding streets, alleys, open spaces and, drainage controls are as follows:
1310.1.1 
For a Neighborhood Center Area:
1310.1.1.1 
Townhouse, condominium, and multifamily uses may be allocated not more than 40% of the NCA land area.
2310.1.1.1 
Commercial uses shall be allocated not less than 20% of the land area.
3310.1.1.1 
Civic use may be allocated not less than 5% of the land area, or one-half acre, whichever is greater. In a Planned Unit Development District of 100 acres or less, the provision of a community meeting hall or a town square in the Neighborhood Center satisfies the civic use allocation even if less than one-half acre is used.
1310.1.2 
For a Mixed Residential Area:
1310.1.1.1 
Single-family residential use shall be allocated not less than 50% and not more than 80% of the MRA land area.
2310.1.1.1 
Duplex use may be allocated not more than 10% of the land area.
3310.1.1.1 
Townhouse, condominium, and multifamily uses shall be allocated not less than 10% of the land area.
4310.1.1.1 
Commercial uses may be allocated not more than 10% of the MRA land area.
1310.1.3 
Open Space. The following open space requirements apply within a Planned Unit Development District.
1310.1.1.1 
Not less than 3% of the gross land area of the PUD must be open space. Public open space shall conform to the plans, goals, and standards of the Director of Public Works.
2310.1.1.1 
The portions of drainage and water quality facilities that are usable by the public for recreational purposes may be designated as parks.
3310.1.1.1 
At least one square may be located in the Neighborhood Center Area. The square shall be at least one-half acre in size in a PUD of 100 acres or less, and the square shall be at least one acre in size in a PUD that is larger than 100 acres.
4310.1.1.1 
A park may be not less than 10,000 square feet in size.
5310.1.1.1 
At least 80% of the lots in a Mixed Residential Area must be within a walking distance of not greater than 900 feet from of a square, plaza, green, or park.
6310.1.1.1 
A greenbelt may be utilized in the development provided the greenbelt is at least 20 feet in width.
1310.2 
Drainage
Innovative solutions to drainage on the Property are encouraged in the PUD.
1310.3 
Roadway Design
Streets within the PUD shall vary depending on the proposed function of the roadway and the anticipated adjacent land uses. The use of a variety of designs are encouraged to lend character to the neighborhood. Pavement widths and rights-of-way shall be as follows:
(a) 
Arterial streets shall have a right-of-way width of at least 90 feet with a pavement width of at least 56 feet.
(b) 
Collector streets shall have a right-of-way of at least 60 feet and a pavement width of at least 36 feet. The use of medians is encouraged.
(c) 
Local streets shall have a right-of-way width of at least 50 feet and a pavement width of at least 24 feet.
(d) 
Alleys shall have a minimum width of at least 20 feet and a pavement of at least 12 feet.
(e) 
The Director of Public Works may approve the use of innovative roadway designs that are not listed herein.
1310.4 
Landscaping
Street trees shall be planted in the rights-of-way parallel to the street along all streets at a maximum average spacing of 30 feet on center, except for in the Neighborhood Center Area where the spacing of trees can be fifty (50) feet, provided other provisions for shade are made.
1310.5 
Parking
The following parking regulations apply in a Planned Unit Development:
1310.5.1 
A commercial parking lot or garage may not be adjacent to a square or adjacent to or opposite a street intersection.
1310.5.2 
A commercial parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided at the lot line by landscaping or decorative walls or fences.
1310.5.3 
Except where approved by the Director, parking in alleys is prohibited.
1310.5.4 
Minimum parking requirements in Ordinance 0102 [this ordinance] shall be applicable in the PUD except that the number of required parking spaces shall be reduced by one-third (1/3).
1310.6 
Sidewalks
Sidewalks are required in all areas. Sidewalks shall be 5 feet minimum in width in the MBA and should be separated from the curb by a landscape-planting strip. Sidewalks in the NCA shall be a minimum of 7 feet provided that adequate area is maintained for the planting of trees in accordance with the ordinance. Such sidewalks shall be installed and constructed on both sides of each residential street.
1310.7 
Lighting
Lighting in the public right-of-way shall be placed at a maximum height of 30 feet and shall be spaced at intervals of not more than 250 feet apart. Innovative use of lighting fixtures is encouraged in the PUD area. Exterior lighting outside the right-of-way shall be hooded or shielded so that the light source is not directly visible from adjacent properties.
1310.8 
Garage Apartments
Garage apartments shall not exceed ten percent (10%) of the dwelling units.
(Ordinance 0102-001 adopted 5/13/03; Ordinance 0102-012 adopted 7/11/06; Ordinance 0102-025 adopted 7/8/08)

§ 1311 Bulk Regulations.

1311.1 
Neighborhood Center Area
This article applies to the design and development of a Neighborhood Center Area.
1311.1.1 
A Neighborhood Center Area must contain not less than 5% of the gross land area of the PUD.
1311.1.2 
A Neighborhood Center must be easily accessible by pedestrians from all parts of the Mixed Residential Areas. At least 90% of the lots in the Mixed Residential Areas must be within 1/2 mile of a Neighborhood Center Area boundary.
1311.1.3 
The following table lists the site development regulations for a Neighborhood Center Area.
REGULATION
TOWNHOUSE
MULTIFAMILY CONDOMINIUM
COMMERCIAL
Minimum Lot Size
2,500 SF 2,500 SF on corner lot
3,600 SF 4,000 SF on corner lot
4,500 SF
Maximum Lot Size
6,000 SF
4 acres
1 acre
Minimum Lot Width
25 FT
40 FT 45 FT on corner lot
40 FT 45 FT on corner lot
Maximum Site Area
20,000 SF
172,240 SF
43,560 SF
Minimum Frontage Buildout
80%
80%
80%
Maximum Height
35 FT
35 FT
35 FT
Maximum Front Yard Setback
5 FT
8 FT
8 FT
Minimum Front Yard Setback
-0-
-0-
No more than 5 feet
Minimum Street Side Yard Setback
5 FT
5 FT
5 FT
Minimum Interior Side Yard Setback
-0-
-0-
-0-
Minimum Rear Yard Setback
25 FT*
-0-
25 FT*
Maximum Building Coverage
70%
70%
70%
Maximum Impervious Cover
90%
90%
90%
* The Minimum Rear Yard Setback shall not apply to garages and carports whether attached or detached.
1311.2 
Additional Regulations For Neighborhood Center Area
1311.2.1 
Automotive Rental. An Automotive Rental use may keep not more than 20 vehicles on site.
1311.2.2 
Building height on square. A building that is adjacent to a square may be not less than two stories high.
1311.2.3 
Colonnades, balconies, and awnings. An open colonnade may extend into the front setback a maximum of five feet. An unenclosed balcony with a minimum clearance of nine feet above finished grade may extend five feet over a public sidewalk. An awning or walkway covering with a minimum clearance of eight feet above finished grade may extend five feet over a public sidewalk.
1311.2.4 
Commercial Off-street Parking. A Commercial Off-street Parking Use may not exceed one acre in site size. Not more than one Commercial Off-street Parking Use site may be located in a block. A site must be screened from the street by low hedges or walls not less than three feet and not more than four feet in height.
1311.2.5 
Kennels. A Kennel use must be conducted entirely within an enclosed structure.
1311.2.6 
Residential. A residential use with street level living space must have a finished first floor elevation not less than eighteen inches above the elevation of the sidewalk at the front lot line. A residential use may not front at ground level on a square.
1311.2.7 
Service Station. A Service Station use may have the capability of fueling not more than eight vehicles at one time.
1311.2.8 
Telecommunications Tower. A Telecommunications Tower must be located on top of a building or be an architectural component of the building. Freestanding towers are prohibited.
1311.3 
Mixed Residential Area
This article applies to the design and development of a Mixed Residential Area.
1311.3.1 
The following table lists the site development regulations for a Mixed Residential Area.
REGULATION
SINGLE-FAMILY or DUPLEX
TOWNHOUSE
COMMERCIAL MULTIFAMILY CONDOMINIUM
Minimum Lot Size
3,850 SF 4,400 SF on corner lot
2,500 SF 2,500 SF on corner lot
3,600 SF 4,000 SF on corner lot
Maximum Lot Size
None
6,000 SF
20,000 SF
Minimum Lot Width
35 FT 40 FT on corner lot
25 FT 25 FT on corner lot
40 FT 45 FT on corner lot
Maximum Site Area
None
20,000 SF
20,000 SF
Maximum Height
35 FT
35 FT
35 FT
Maximum Front Yard Setback
15 FT
10 FT
10 FT
Minimum Front Yard Setback
15 FT*
5 FT*
5 FT*
Minimum Street Side Yard Setback
10 FT
10 FT
10 FT
Minimum Interior Side Yard Setback
5 FT
0 FT
5 FT
Minimum Rear Yard Setback
25 FT**
20 FT**
20 FT**
Maximum Building Coverage
55%
55%
55%
Maximum Building Footprint
3,500 SF
5,000 SF
5,000 SF
Maximum Impervious Cover
65%
65%
65%
Minimum Lot Depth
80 FT
80 FT
100 FT
* The minimum front yard setback does not apply to porches that may extend into the setback to a maximum depth of 8 feet and must have a minimum area of 100 square feet.
** The minimum rear yard setback shall apply from the property line or alley easement whichever yields a greater setback. Such rear setback shall not apply to carports or garages whether attached or detached.
1311.3.2 
Additional Regulations For Mixed Residential Area.
(A) 
Similar land uses should face across streets, and dissimilar land uses should abut at rear lot lines or across alleys.
(B) 
A commercial use may only be located on the first floor of a building. Up to one-half of the second floor may be used for accessory uses that are not open to the public.
(C) 
There may be not more than eight dwelling units in a single structure.
(D) 
There may be not more than one principal structure on a site.
(E) 
There may be not more than one accessory dwelling unit on a site.
(F) 
A garage entry may not face the street unless it is at least 5 feet behind the front building face of the principal structure. In no instance shall a driveway leading to the garage measure less than 20 feet in depth.
1311.4 
Neighborhood Edge Area
1311.4.1 
A Neighborhood Edge Area may be designated along the perimeter of a Planned Unit Development.
1311.4.2 
Site Development Regulations for Neighborhood Edge Area.
(A) 
Minimum lot size: 6,000 square feet
(B) 
Minimum lot width: 60 feet
(C) 
Maximum height: 2-1/2 stories
(D) 
Minimum front setback: 20 feet
(E) 
Minimum street side yard setback: 10 feet
(F) 
Minimum interior side yard setback: 5 feet
(G) 
Minimum rear yard setback: 10 feet, excluding garages if detached, which can be built up to the property line or easement.
(H) 
Maximum building coverage: 55%
(I) 
Maximum impervious cover: 75%
(J) 
Additional Regulations For Neighborhood Edge Area.
(K) 
There may be no more than one principal structure on a site.
(L) 
There may be no more than one accessory dwelling unit on a site.
(M) 
A garage entry may not face the street unless it is at least 5 feet behind the front building face of the principal structure. In no instance shall a driveway leading to the garage measure less than 20 feet in depth.
(Ordinance 0102-001 adopted 5/13/03; Ordinance 0102-032 adopted 2/24/15)