A.   A "planned unit development" means an integrated plan for development of residential, commercial, multi residential, or combinations of such uses, in which one or more of the regulations, other than use regulations, is waived or varied to allow flexibility and initiative, when planned and developed as a unit. The overlay is to encourage the efficient use of land and resources, greater efficiency in public and utility services, preservation of open space, use of alternative transportation and innovation in the planning process for all types of development. The PUD "overlay" allows variation from standard lot configuration patterns in order to reduce disturbance of sensitive lands, promote land use compatibility and facilitate creative site planning.

   B.   Intent: The overlay zone is to provide flexibility in site design in order to:

      1.   Encourage imaginative design and the creation of permanent open space.

      2.   Encourage affordable housing to be integrated in new developments.

      3.   Encourage the conservation of natural site features, wildlife habitat, and sensitive lands.

      4.   Combine and coordinate architectural styles, building forms, and structural/visual relationship within an environment that allows mixing of residential types and other land uses in an innovative and functionally efficient manner.

      5.   Encourage land development that, to the greatest extent possible, preserves open space areas and respects natural topographic and geologic conditions.

      6.   Encourage the development of street, pedestrian and bicycle paths that contribute to a system of fully connected routes, local trails.

      7.   Promote a more efficient utilization of land than what might be obtained through other development procedures (clustering).

      8.   Facilitate the economical and adequate provision of public services.

      9.   Provide for adequate on and off street parking.

      10.   Provide unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community.

      11.   Ensure that development occurs at proper locations, away from environmentally sensitive areas. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2022-41, 7-26-2022; Ord. O-2022-51, 10-25-2022)

   A.   Application for a PUD Zone Change: Any person desiring to develop property under the provisions of this article shall first file an application for a PUD overlay zone change on the standard form provided by the County. A Planned Unit Development application shall be filed in conjunction with the zone change application.

   B.   Conceptual Development Plan: The zone change application shall include a conceptual development plan, and supporting materials which describe the proposed land uses, density and the proposal's relationship to the County's general plan, as well as all requirements herein 9-20-4.

   C.   Public Hearing By Planning Commission, With Review And Recommendation: The Planning Commission will schedule a public hearing to consider the proposed zone change and shall review the conceptual development plan, supporting materials and staff comments for compliance with applicable general plan policies. The Planning Commission shall also make recommendations concerning the PUD zone change request which will be forwarded to the Commissioners.

   D.   Public Meeting By Commissioner's: The County Commissioners will receive the recommendations of the Planning Commission and schedule a public meeting for official action on the zone change request. Published notice must be given as set forth in this title prior to the meeting.

   E.   Decision Of County Commission: The Commission may approve, modify or deny the zone change request.

   F.   Overlay Designation: The Planned Unit Development Overlay designation shall be shown on the Official Zoning Map in parentheses as a prefix to the zone designation with which it is combined. For example, if the Planned Unit Development Overlay is being combined with the Residential R-1, R-2 or R-5 zone, it would be designated on the Official Zoning Map as "PUD R-1, PUD R-2 or PUD R-5". For commercial or multi-residential it will be "PUD M-R, PUD L-C, PUD C-1, PUD C-2".

   G.   The assigned PUD zone will allow the permitted uses consistent in the Residential, Multi- Residential and Commercial zones for the Planned Unit Development Overlay with the appropriate permitted or conditional uses set forth therein. Any conditional use shall be subject to the issuance of a conditional use permit as set forth in this Title.

   H.   Multiple Family Dwellings: Multiple Family dwellings require the PUD MR zoning, as defined in this Chapter. The overall density in a particular planned unit development project shall not exceed the density permitted by the underlying zone in which the project is situated.

   I.   Accessory Uses: Accessory uses located in a common main building may be permitted. Accessory uses may include recreational facilities and structures, day care centers, personal services, and RV parking.

   J.   Commercial Uses: Any commercial use shown in Chapter 7 of this Title may be permitted within a planned unit development provided such use is:

      1.   Specifically authorized after receiving a commercial zone change approval and approved pursuant to the provisions of this Chapter;

      2.   Designed as an integral element of the planned unit development, including building and landscaping design which is consistent with design elements of the development.

   K.   Application for the development shall be filed by the sole owner or jointly filed by all owners of the property.

   L.   Variations from Development Standards of an underlying zone in this title may be approved as part of a Conceptual Development Plan for the Planned Unit Development Overlay pursuant to the provisions of this chapter. A variation from the setback requirements set forth in zones may be approved if the County Commission, after receiving a recommendation from the Planning Commission, finds such variation meets the approval criteria set forth. Any such variation shall be explicitly noted in the Development Agreement. Variations from the development standards set forth in this Chapter are intended to be rare and shall be approved by the planning commission. The applicant shall bear the burden of persuasion with regard to any request for a variation. Such burden shall include, but not be limited to, demonstrating that: A proposed project which includes a variation is the result of a substantial amount of advance planning; Any adverse conditions which may result from the variation will be mitigated; and the variation will result in a substantial benefit not only to persons who will live or work within the project, but also to the County and its residents generally.

   M.   Development Agreement: A Development Agreement shall be prepared and approved in conjunction with approval of the Planned Unit Development Overlay zoning and Conceptual Development Plan. The purpose of the Development Agreement is to describe how the developer and the County will address items not expressly addressed in this code.

   N.   Approval Criteria: The Planned Unit Development Overlay may only be approved if the Commission, after receiving a recommendation from the Planning Commission, finds that the proposed Planned Unit Development Overlay:

      1.   Does not conflict with any applicable policy of the Kane County General Plan;

      2.   Meets the spirit and intent, as set forth in this Chapter;

      3.   Will allow integrated planning and design of the property;

      4.   Meets the use limitations and other requirements of the zone with which the Planned Unit Development Overlay is combined;

      5.   The capability to start construction within one (1) year of final plan approval.

   O.   Imposition of Conditions: In order to make findings necessary to approve a Planned Unit Development Overlay, conditions of approval may be imposed on a conceptual development site plan to assure the planned unit development will:

      1.   Accomplish the purpose of this Chapter;

      2.   Be developed as one integrated land use rather than as an aggregation of individual and unrelated buildings and uses; and

      3.   Meet the requirements of the zone in which the proposed development is located except as such requirements are modified by this Chapter.

(Utah State Code 17-27a-503) (Ord. O-2022-41, 7-26-2022; amd. Ord. O-2022-51, 10-25-2022; Ord. O-2023-13, 11-28-2023; Ord. O-2025-13, 6-24-2025)

   A.   All requests shall be accompanied by a colored conceptual development plan and written text for the entire property proposed to be developed.

   B.   Conceptual Development Plan, to include the following information:

      1.   Show general location of proposed land uses, including residential areas, commercial areas and open space.

      2.   Include proposed locations for civic spaces such as churches, schools, fire stations, etc.

      3.   Show adjoining properties and uses.

      4.   Include tables showing the number of acres in the proposed development and a land use summary.

      5.   Show general locations of proposed interior collector and/or major arterial streets, and points of connection to existing roads and how the proposed project roads will integrate with County Ordinances.

      6.   Show typical proposed lot configuration, building clusters, setbacks, road rights-of-way, and road cross-sections.

      7.   Include a phased development plan if applicable.

      8.   Development Agreement.

      9.   Parcel Map(s), from the County Recorder's office showing the subject property and all property located within the minimum radius defined by ordinance.

      10.   Traffic Impact Analysis, as determined by the County Engineer or UDOT. (Ord. O-2022-41, 7-26-2022)

   A.   Dwelling unit and land use density. The density in terms of dwelling units per gross acre of land shall be indicated;

   B.   Architectural drawings and sketches outlining the general design and character of the proposed uses and the physical relationship of the uses. Where feasible, lowest height and least density of buildings and uses shall be arranged around the boundaries of the development;

   C.   Width, yard, height, and overall density and coverage regulations shall be in accordance with the underlying zone;

   D.   Promote a clustering development pattern in the interest of preserving rural character.

   E.   Twenty percent (20%) of the developable land within the PUD shall be preserved as open space for the benefit of residents of the development and the community.

   F.   Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by:

      1.   Dedication of the land as public park or parkway system in perpetuity; or

      2.   Granting to the County Commission a permanent, open space easement on and over the said private open spaces to guarantee that the open spaces remain perpetually in recreational uses, with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws which are satisfactory to the commission.

   G.   Complying with the provisions of the condominium ownership act 1, Utah State Code 57-8, which provides for the payment of common expenses for the upkeep of the common areas and facilities.

   H.   Landscaping, fencing and screening related to the several uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the land use authority for approval, together with other required plans for the development.

   I.   The size, location, design and nature of signs, if any, and the intensity and direction of area floodlighting shall be detailed in the application.

   J.   Topography at contour intervals of two feet (2') shall be submitted unless waived by the planning staff.

   K.   Geotechnical Report: A geotechnical report identifying any possible flood, slope, faulting, soils or other related hazards on the site shall be submitted with the application.

   L.   Utilities Underground: All utilities shall be underground unless otherwise approved by the Planning Commission. Transformer equipment shall be screened from the streets and from adjacent properties. Contact local utility companies to determine service requirements to the proposed project. Show existing utility easements, proposed major utility easement corridors, points of service to major land use areas, and points to outside service connections.

   M.   Refuse Storage Areas: Refuse storage areas shall be screened so that materials stored within these areas shall not be visible from access streets, freeways and adjacent properties. Storage or refuse areas shall not be located within required building setbacks nor within utility easements.

   N.   Lighting Plan: The plans submitted shall include a general lighting plan indicating location of lights to be installed on site in compliance with 9-10-14 of this title.

   O.   Turning Spaces: Safe and convenient turning space shall be provided for cars, sewer vehicles, refuse collection vehicles, fire-fighting equipment, etc., at the end of private drives and dead end streets.

   P.   Traffic Conditions: The effect of the development on traffic conditions on abutting streets shall be shown.

   Q.   Layout: The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, driveways and walkways.

   R.   Off Street Parking: The arrangement and adequacy of off street parking facilities.

   S.   Improvements: Location, grades, widths, and type of all improvements proposed for all streets.

   T.   Grading and Drainage: Show proposed general grading patterns, and existing and proposed general drainage corridors. A Grading Permit is required.

   U.   Line Locations: A plan showing the location of all water, sewer and drainage lines in and through the project.

   V.   Deed Restrictions/ Covenants (CC&Rs): Copies of any deed restrictions, restrictive covenants, bylaws, architectural controls or other requirements that may be appurtenant to the proposed development.

   W.   All feasibility letters as stated in 9-21D-2 M 1-8. (Ord. O-2022-41, 7-26-2022)

Changes Or Modifications: Any changes or modifications to the approved plan for development during the period of construction shall first be re-submitted to the planning staff for approval and if deemed significant and at the discretion of the staff, returned to the Planning Commission for their review and recommendations and to the County Commissioners. (Ord. O-2022-41, 7-26-2022)

   A.   Building Coverage: The land coverage by all buildings shall not exceed fifty percent (50%) of the net lot or parcel acreage.

   B.   Density: The density of a PUD residential - single lot development shall conform to the density limitations of the underlying zone.

   C.   Setbacks: The setbacks for all Planned Unit Developments - Residential will be as follows, unless an approved setback alternative plan is granted by the Planning Commission and approved by the Commission:

      1.   Front Yard: Front yard setbacks shall be a minimum of twenty feet (25'). The street side of corner lots, shall be the same as the front yard setback.

      2.   Building, Parking Required: The front yard setback area shall not be used for long term parking of any motor vehicles, or for required additional visitor parking, except for the driveway directly in front of the garage or carport of the dwelling unit.

      3.   Side Setbacks: Side yard setbacks on interior lot lines shall be a minimum of five feet (5') on one side and five feet (5') on the opposite side for all dwellings, with a minimum of ten feet (10') between homes. Side yard setbacks on exterior lot lines (boundary lines) shall be a minimum of ten feet (10').

      4.   Rear Setbacks: Rear yard setbacks shall be a minimum of five feet (5').

   D.   Parking Requirements: The parking requirements of chapter 13 of this title shall apply.

   E.   Height Restrictions: No building shall be erected to a height greater than thirty five feet (35') unless specifically approved as part of the zone change approval.

   F.   Landscape Requirement: Floodways and slopes that exceed a specific percentage and/or have unsuitable soil conditions for hillside development, as identified in 9-21J-3 (A), are not considered developable. Any land within a subdivision having a slope greater than ten percent (10%) shall be deemed to be land having a "steep slope". Developer shall not be permitted to grade, excavate, fill or otherwise modify said land if slope is between ten (10) and forty percent (40%) without first submitting a geological report for review and staff approval. In no case may a structure be erected on land with a slope of forty percent (40%) or greater. The applicant of the requested PUD Zone shall show what areas are to be landscaped and what areas are to be left in a natural state. All proposed structures, future structures, roads and parking areas are excluded from the calculations used to satisfy this requirement.

   G.   Time Limitations: Building permits for construction within Planned Unit Development Residential Zones must be obtained within eighteen (18) months of the approval of a zone change to planned unit development - residential. If eighteen (18) months elapse without the issuance of building permits for the construction of the approved plans within the Planned Unit Development, all conceptual and preliminary plan approvals shall be deemed null and void, unless an extension is granted. The applicant shall request an extension on an approved development plan prior to the expiration of the eighteen (18) month time limit. In the case that an approved development plan does expire, the zoning of the property shall remain planned unit development, but no construction will be allowed on the property until a new plan is submitted and approved by the Planning Commission and the Commission. (Ord. O-2022-41, 7-26-2022)

   A.   Building Coverage: The land coverage by all buildings shall not exceed thirty percent (30%) of the net lot or parcel acreage.

   B.   Minimum Lot Size: The minimum lot size in multi-residential subdivisions with private individual building pads and associated common area is one acre; provided, that at least twenty percent (20%) of the total project is developed and maintained as common open landscape or recreation area.

   C.   Density: The density of a planned unit development multi-residential shall conform to the density limitations of the general plan, except that the County upon recommendation of the Planning Commission may approve a density greater than the multi residential zone designation where the following findings are made:

      1.   The proposed development is considered an infill development where the surrounding land is already developed; and

      2.   The proposed dwellings are platted for individual ownership of the dwelling units; and

      3.   The density and building scale of the proposed units are similar in scale to an adjoining developed parcel or is considered in scale with the surrounding area and fits harmoniously into the neighborhood, as determined by the Planning Commission.

   D.   Setbacks: The setbacks for all planned unit developments - multi-residential will be as follows, unless an approved setback alternative plan is granted by the Planning Commission and approved by the County Commission:

      1.   Front Yard: Front yard setbacks shall be a minimum of twenty five feet (25'). The street side of corner lots, shall be the same as the front yard setback.

      2.   Building, Parking Required: The front yard setback area shall not be used for long term parking of any motor vehicles, or for required additional visitor parking, except for the driveway directly in front of the garage or carport of the dwelling unit.

      3.   Side And Rear Setbacks: Side and rear setbacks on interior lot lines shall be a minimum of ten feet (10') for all dwellings.

      4.    Group Dwellings: In group dwellings, no two (2) buildings may be located closer together than ten feet (10') for one- story buildings, fifteen feet (15') for two-story buildings, and twenty feet (20') for approved three-story (or more) buildings.

      5.   Two-Story Buildings: For two-story (or more) buildings, the side and rear setbacks shall be at least twenty five feet (25') along the boundary of a Residential Zone, and twenty feet (20') along the boundary of other zones.

   E.   Parking Requirements: The parking requirements of chapter 13 of this title shall apply.

   F.   Signs And Advertising: The requirements of chapter 16 of this title shall apply, except that in large residential planned unit developments (those containing more than two hundred (200) dwelling units), the Planning Commission may approve an overall sign scheme for the project which may exceed the restrictions contained in chapter 16 of this title.

   G.   Height Restrictions: No building shall be erected to a height greater than thirty five feet (35') unless specifically approved as part of the zone change approval.

   H.   Size Requirement: Each Planned Unit Development Zone shall contain a minimum of one acre and thirty percent (30%) density.

   I.   Landscape Requirement: Floodways and slopes that exceed a specific percentage and/or have unsuitable soil conditions for hillside development, as identified in 9-21J-3 (A), are not considered developable. The applicant of the requested PUD shall show what areas are to be landscaped and what areas are to be left in a natural state. All proposed structures, future structures, roads and parking areas are excluded from the calculations used to satisfy this requirement.

   J.   Time Limitations: Building permits for construction within Planned Unit Development must be obtained within eighteen (18) months of the approval of a zone change to planned unit development - multi-residential. If eighteen (18) months elapse without the issuance of building permits for the construction of the approved plans within the Planned Unit Development Zone, all conceptual and preliminary plan approvals shall be deemed null and void, unless an extension is granted. The applicant shall request an extension on an approved development plan prior to the expiration of the eighteen (18) month time limit. The County Commission may approve a six (6) month extension on an approved development plan. In the case that a second six (6) month extension is needed, the applicant shall request a second extension on the approved development plan prior to the expiration of the first six (6) month extension time limit. The County Commission will approve or deny the requested second extension on the development plan. In the case that an approved development plan does expire, the zoning of the property shall remain planned unit development, but no construction will be allowed on the property until a new plan is submitted and approved by the Planning Commission and the County Commission. (Ord. O-2022-41, 7-26-2022; amd. Ord. O-2023-13, 11-28-2023)

In order that it may approve a planned unit development, the land use authority shall have authority to require the following conditions be met by the applicant:

   A.   All submittal items for a Planned Unit Development are submitted at the time of the Planned Unit Development Application as required per Chapter 20 and Chapter 21.

   B.   That the proponents of the planned unit development have demonstrated to the satisfaction of the land use authority that they are financially able to carry out the proposed project, as regulated in 9-21-1.

   C.   That the proponents intend to start construction within twelve (12) months of the approval of the project, and intend to complete the construction, or approved phase thereof, within two (2) years from the date construction begins. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2022-41, 7-26-2022)

In carrying out the intent of this chapter the land use authority shall consider the following principles:

   A.   A certified surveyor or engineer licensed in the state shall be used to survey all properties for the planned unit development.

   B.   The land use authority may approve or disapprove an application for a planned unit development. In an approval, the land use authority may attach such conditions as it may deem necessary to secure compliance with this section. The denial of an application for a planned unit development by the land use authority may be appealed to the appeal authority. Appeal must be filed within thirty (30) days of receipt of written reason for denial.

   C.   Filing Of Plan And Materials: The conceptual development plan and supplementary text materials, after adoption, shall be filed in the offices of the County Recorder, and all development within the zone shall comply therewith, unless the development plan and supplementary materials are amended as prescribed herein.

   D.   Final Subdivision Plat: A final subdivision plat as described in the Subdivision Ordinance in effect at the time of application shall be submitted for a recommendation of approval or disapproval to the Planning Commission, who shall forward their recommendation to the County Commission for final plat approval as outlined elsewhere in this title. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2022-41, 7-26-2022)

   A.   Upon approval of a planned unit development, construction shall proceed only in accordance with the plans and specifications approved by the land use authority and in conformity with any conditions attached by the county commission to its approval.

   B.   Amendments to approved plans and specifications for a planned unit development shall be obtained only by following procedures for a planned unit development.

   C.   No permit shall be issued for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. O-2022-41, 7-26-2022)