For the purposes of these regulations, a planned development is:

30.1.1. Land under unified control, to be planned and developed as a whole;

30.1.2. In a single development operation or a definitely programmed series of development operations, including all access, lands and buildings;

30.1.3. For principal and accessory structures and uses substantially related to the character and purposes of the district;

30.1.4. According to plans that include not only sewers, drainage, streets, utilities, lots and/or building sites and the like, but also typical floor plans and elevations for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and

30.1.5. With a program for provision, operation, and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of, or visitors to, the district, but will not be provided, operated, or maintained at general public expense.

The planned development regulations that follow shall apply generally to the initiation and regulation of all planned development districts. Where there are conflicts between the special PD regulations herein and general zoning, subdivision or other regulations or requirements, these regulations shall apply in PD districts unless the city council shall find, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision, or other regulations or requirements.

Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable PD or general regulations, but the city council makes a finding that in the particular case public purposes are satisfied to an equivalent or greater degree, council may make specific modification of the regulations in the particular case, provided that where floor area and similar ratios (other than off-street parking requirements) have been established by PD regulations, council shall not act in a particular case to modify such ratios.

Except as indicated above, notwithstanding procedures and requirements generally in effect, procedures and requirements set forth herein, and in guides and standards officially adopted as part of regulations for particular classes of PD districts, shall apply in PD districts, to any amendments creating such districts, and to issuance of all required permits therein.

Planned development PD districts may hereafter be established by amendment to the official zoning maps and related amendatory action where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein.

PD districts shall be appropriately located with respect to intended function, to the pattern and timing of development existing or proposed in officially adopted plans, and to public or private facilities existing or clearly to be available at the time the development reaches the stage where they will be needed. All requirements specified in article 90, amendments, shall be met, as well as the following specific requirements:

30.3.1. Access. PD districts shall be directly accessible from major or collector streets, and shall be so designed as to provide direct access, without creating an additional amount of traffic on local streets in adjoining residential neighborhoods that would exceed the amount of traffic created if developed under existing zoning. Local streets may be connected only when it can be certified that by doing so this will not create an unnecessary hardship within the PD district or surrounding residential areas. A traffic demand analysis must be submitted before local streets can be connected.

30.3.2. Relation to public utilities, facilities and services; private provision or contribution. PD districts shall be located in the proximity of adequate existing or planned sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations.

30.3.3. Physical character of the site; relation to surrounding property. The site shall be suitable for development in the manner proposed, without hazards to persons or property, on or off the tract, from probability of flooding, erosion, subsidence or slipping of the soil, or other dangers, annoyances, or inconvenience. Condition of soil, ground water level, drainage, and topography shall be appropriate to both kind and pattern of such intended development.

If appropriate to the form of planned development, lands to be included in PD districts may be divided by streets, rights-of-way or easements, waterways or other separation, but shall be so located, dimensioned, and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas.

Where planned development additions are proposed to an existing PD district, and where the land and proposed plan of development is appropriately related to the existing PD district and provides necessary safeguards in relation to the surrounding area, PD amendments allowing such additions may be made without regard to the minimum area requirements set forth herein. Such additions may be of the same classification as the PD district being added to, or may be of another classification if the planning commission recommends and the city council approves such other classification and plans proposed therefor as complementary to the original PD district.

Applications for amendment shall be submitted as for other amendments, and the following additional procedures shall be followed and requirements met:

30.5.1. Preapplication conference. Before submitting an application for PD amendment, a prospective applicant may confer with the manager of planning or his delegated representative to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, reports, and other data. In arranging such meetings, the manager of planning may request the attendance of such officials or agency representatives as may be appropriate in the circumstances of the case. No statement made or information given during such preapplication conferences shall be binding on the city or the applicant, but a record shall be kept of recommendations made, and a copy of such record shall be provided to the applicant.

30.5.2. Applications for PD amendments; materials to be submitted with applications; materials to be submitted on subsequent request. Applications for PD amendments shall be submitted as for other amendments. Materials required with the application, or on subsequent request, shall include all plans, maps, studies or reports reasonably necessary to the city for the purpose of making required determinations generally, or in the particular case, with copies as necessary for referrals and recording.

At the time of application, all of the following shall be filed:

(1)

A location map on a scale of 1″ = 800′.

(2)

A boundary and topographic survey of 1″ = 200′ with 5′ intervals and extending 500′, beyond the district boundaries. Existing features or conditions to be shown are public and private roads, pedestrian ways, utilities, and easements.

(3)

A description of physical features establishing limitations on location or kind of development or access, including but not necessarily limited to:

(a)

Slopes;

(b)

Soils (erosion characteristics, construction limitations);

(c)

Flood hazards (floodplains, major flash flood channels);

(d)

Sinkholes, springholes, caves;

(e)

Areas subject to slippage, sedimentation or rockfalls from above;

(f)

Areas requiring special limitation or treatment to avoid hazards to property below from slippage, sedimentation, runoff, rockfalls; and

(g)

Existing streams, creeks, lakes and natural drainage features.

(4)

A description of natural or cultural features to be considered in relation to preservation which may establish further limitations on location or kind of development or access, including but not necessarily limited to:

(a)

Significant tree stands, understory vegetation or other ground cover;

(b)

Buildings or sites of substantial historic or cultural significance;

(c)

Major trails and other established pedestrian ways; and

(d)

Cemeteries.

(5)

A report identifying all property owners within the area of the proposed PD district, and giving evidence of unified control of its entire area. The report shall state agreement of all present property owners and/or their prospective successors in title:

(a)

To proceed with the proposed development according to the regulations in effect when the map amendment creating the district is passed, with such modifications as are set by the city council in the course of such action;

(b)

To provide bonds, dedications, guarantees, agreements, contracts, and deed restrictions acceptable to city council for completion of such development according to approved plans; and for continuing operation and maintenance of such areas, facilities, and services as are not to be provided, operated, or maintained at general public expense; and such dedications, contributions, or guarantees as are required for provision of needed public facilities and services;

(c)

To bind further successors in title to any commitments made under [subsections] (a) and (b) above.

(6)

A preliminary development concept plan shall be submitted in addition to, or as part of, the report described above, together with proposals in accord with [subsections] (a) and (b) above, as a basis for specific agreements concerning plans, programs, and instruments, or specific modifications of details of applicable regulations where it is alleged by the applicant that such modification serves public purposes to an equivalent or higher degree than would strict conformity with such regulations.

In addition to identification of the proposed planned development, the developers and the persons or firm preparing the plan, scale, date, and similar details, this plan shall indicate:

(a)

Use and approximate location, orientation, height, and floor area of proposed structures and portions of structures; similar data on existing structures, if any;

(b)

Points of access for principal pedestrian and vehicular ways, plan for access from external ways, circulation pattern within the district;

(c)

Location of water, sewerage and drainage facilities, lines, and easements of other utilities, within the district and as extended to connect outside the district;

(d)

Location, character and scale of vehicular parking and service facilities;

(e)

Relation to adjoining land uses and zoning districts, including, where view protection or provision is an objective, location of principal public viewpoints within, into, or through the proposed PD district;

(f)

Existing lot and blocks, if any, and general pattern of proposed lot and blocks, if any; and

(g)

Where development is to be in stages, nature and timing of each stage shall be indicated.

30.5.3. Preliminary review of application as submitted; requirement for special studies, investigations or reports. On receipt of the application and preliminary concept plan and proposals as indicated above, the manager of planning and such other agencies or officials as he may deem appropriate in the circumstances of the particular case shall study the proposal to determine conformity with any officially adopted plans of the city, and with the stated intent and substance of zoning and other applicable regulations.

In the course of such review, written findings shall be made as to the necessity for any special studies, investigations or reports needed to make determinations called for in the particular case, where existing information available to the planning division or cooperating agencies or officials is inadequate.

30.5.4. Preliminary conferences with applicants. Following such review, unless complete conformity is found and no special studies are required, the applicant shall be notified in writing of any discrepancies, and of the willingness of the manager of planning and other appropriate officials or agencies to confer for the purposes of assisting the applicant in bringing the material submitted as nearly as possible into conformity with requirements and/or to define specific modifications of regulations or officially adopted plans that seem justified in view of equivalent services of public purposes by the proposal.

The applicant shall also be informed of the need for any special studies, investigations or reports, and of the reasons such material is required in the circumstances of the particular case. Where the need for such special studies, investigations or reports arises as a result of a proposal for a PD district, applicants shall pay all costs incidental thereto, and the studies shall be made by the city, agencies cooperating with the city, or experts acceptable to the city.

If the applicant does not desire to participate in such conferences, or to provide or pay the costs of any special studies, investigations or reports requested, the manager of planning shall base his report to the planning commission and city council on the application as received.

If the applicant joins in such conferences, changes may be made in the original proposal, further conferences may be held, and additional material requested on finding of need as above.

In the course of such preliminary conferences, any recommendations for changes shall be recorded in writing, with reasons therefor, and shall become part of the record in the case. Applicants shall indicate, in writing, their agreement to such recommendations, or their disagreement and reasons therefor; and such response by applicants shall also be included in the record.

30.5.5. Planning division recommendations. At such time as further conferences appear unnecessary, or at any time on request of the applicant, the planning division shall prepare a report to the planning commission and city council containing findings:

(1)

As to the suitability of the tract for the general type of PD zoning proposed, physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development;

(2)

As to relation to, and access from, major or collector roads, and to utilities and other facilities and services;

(3)

As to adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed (with findings as to such matters based on opinions of the city attorney);

(4)

As to the suitability of plans proposed, or the desirability of changes, with reasons therefor; and

(5)

As to the desirable specific modifications in generally applicable regulations or officially adopted plans, as applicable in the particular case, based on determinations that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by proposals of the applicant.

Based on such findings, the planning division shall recommend to the planning commission approval of the PD amendment as proposed, approval conditioned on specific stated modifications, or disapproval, with recorded reasons therefor.

30.5.6. Actions by planning commission, city council. Following receipt of the planning division report, the planning commission shall recommend to the city council approval of the PD amendment as proposed, approval conditioned on specific stated modifications, or disapproval with recorded reasons therefor. Where the PD development concept plan involves a subdivision of land, the planning commission may hold a public hearing on such subdivision as required by Alabama law before submitting a recommendation regarding the PD zoning proposal to city council.

Actions by the city council shall be as for zoning amendments generally. Council may grant the application in accord with PD and other regulations applicable, may include specific modifications of PD or other applicable regulations as provided at section 30.5.5(5), or may deny the application, with written reasons for the denial.

If amendment is granted, the city council shall in its amending action approve the preliminary development concept plan as it may have been changed during earlier procedures, or indicate required modifications, if any, which shall be binding in determinations concerning final development plans. If modifications are required, the city council shall officially state its reasons therefor in the record.

If amendment is granted, the development shall be required to be in accord with final development plans meeting the requirements of these and other regulations, as supplemented or modified by the city council in the particular case as part of the amending action, and shall conform to any time or priority limitations established by council on beginning and completion of the development as a whole, or in specified stages.

At the time of amendment, the city council shall pass upon the adequacy in form and substance of any agreements, contracts, deed restrictions, sureties, or other instruments involved; and before development may proceed, such instruments shall be approved by appropriate officers and agencies.

30.5.7. Planning commission action on approval of final plans. Not more than 90 days after the city council approves the PD rezoning, the final plan must be submitted to the planning commission or, if the planned development is to be developed in stages, then the final plan for the first stage must be submitted within 90 days after council approval. The planning commission must approve the staging of development and the following provisions must be complied with:

(1)

In a PD, the ratio of gross floor area as initially approved or amended shall not be exceeded at any given stage of construction.

(2)

Each stage shall be so planned and so related to existing surroundings and available facilities and services that failure to proceed to the subsequent stages will not have an adverse impact on the PD district or its surroundings at any stage of the development.

(3)

The commencement of actual construction of any stage of the PD district shall be governed by the provisions of section 30.6.

If the planning commission does not receive the final plan or the final plan of an approved stage within 90 days of the PD rezoning by the city council, it may take action as described in section 30.6.

After a PD district has been established, no building permit shall be issued therein, and no grading, clearing, excavations or filling shall take place, until the planning commission has approved final plans and reports. Such approval shall be based on substantial compliance with the preliminary development concept plan, including any modifications required by the city council in its amending action, and on compliance with regulations applying at the time of rezoning, including any modification in application established by the city council. Where applicable regulations are amended following the rezoning action, applicants or their successors in interest may elect to conform to such amended regulations, subject to the same modifications if they affect such amended regulations in the same way.

Form and content of such final plans and reports shall be as prescribed in zoning, subdivision or other lawful regulations, generally or for particular PD districts, and in rules of the planning commission and other affected agencies.

Upon approval of final plans and reports, building permits or other required permits shall be issued in the same manner as applies generally, provided that any requirements or limitations concerning the order and location in which such permits are to be issued in the particular PD district shall be observed.

Except as provided below, final plans and reports approved shall be binding on the applicants and any successors in title so long as PD zoning applies to the land. Final plan approval does not require formal public notice or hearing.

30.5.8. Changes in approved final plans. Minor changes in the location, siting, and height of buildings and structures, lot and block configuration and street geometrics may be authorized by the planning commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. Where minor changes involve changes in an approved subdivision plat, the form and content of such changes shall meet the requirements of the subdivision regulations. No change authorized by this subsection may cause any of the following:

(1)

A change in the primary use or character of the development;

(2)

An increase in the intensity of use;

(3)

An increase in the problems of traffic circulation and public utilities;

(4)

A reduction in approved open spaces; or

(5)

A reduction of off-street parking and loading space or required pavement widths.

All changes other than minor changes shall be subject to review and recommendation by the planning commission, another public hearing, and further amendatory action by the city council as required for original approval.

Where time limits are set for beginning or completion of development or stages of development, or where other requirements are established in connection with a PD amendment, and where such time limits or other requirements are not met, the manager of planning shall promptly call the matter to the attention of the planning commission with a full written account of the circumstances, and the findings and recommendations of the planning division. The planning commission shall then review the case and make recommendations to the city council:

30.6.1. That PD zoning for the entire district be continued with revised time limits; or

30.6.2. That PD zoning be continued for part of the district, with or without revised time limits, that appropriate steps be taken to correct any deficiencies in area or open space requirements in designated portions of the district which have not been developed, and that remaining portions of the district be rezoned to an appropriate category; or

30.6.3. That the entire district be rezoned from PD to an appropriate category; and/or

30.6.4. That such other steps be taken as seem equitable in the circumstances of the case and will appropriately protect the public interest.

Such recommendations shall include proposals for appropriate action concerning any legal instruments in the case.