(a)

The purpose of the planned unit development regulations is to encourage and allow more creative and imaginative design for land development than is possible under district zoning regulations. The planned unit development also provides for more efficient use of the land and thus results in more economical land development. Preservation of natural site qualities, better urban amenities, more open space, and a higher quality project are the normal results of the planned unit development process.

(b)

The following objectives may be obtained through the use of the planned unit development procedure:

(1)

To permit a maximum choice in the types of environments available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter.

(2)

To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.

(3)

To combine and coordinate architectural styles, building forms, and building relationships with a possible mixing of different uses in an innovative design.

(4)

To encourage a pattern of development to preserve natural vegetation, topographic and geological features, and environmentally appropriate features.

(5)

To provide for the prevention and/or control of soil erosion, surface flooding, and the preservation of subsurface water.

(6)

To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development.

(7)

To provide for more usable and suitably located recreation facilities, schools, and other public and private facilities.

(8)

To promote a land use which promotes the public health, safety, comfort, morals, and welfare.

(9)

To create a method for the permanent preservation of architectural and/or historic landmarks.

(10)

The planned unit development is intended to provide for projects incorporating a single type or a variety of related uses which are planned and developed as a unit. The planned unit development can provide, through negotiations with the developer, amenities not otherwise required by law, thus allowing the establishment of facilities and open space in greater amounts than the minimum required by law.

(11)

Such development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership, separate condominium ownership of structures, or other ownership methods and shall provide for development by means of a planned unit development plat which establishes the location and extent of the features of the planned unit development in keeping with the purpose of the plan.

(12)

The unique and substantially different character of planned unit developments requires their administrative processing as a "special use" in this chapter. planned unit developments are more complex and of a different character than other special uses, requiring the establishment herein of specific and additional procedures, standards, and exceptions to govern the recommendations of the zoning board of appeals and the action of the county board.

(Zoning Ordinance 1996, § 13.01)

(a)

The basic provisions and requirements concerning planned developments are as follows: The subdivision, development and use of land as an integral unit, combining more than one primary land use which may provide for a single-family residential, multiple family residential, educational, business, commercial, industrial, recreational, park and common open areas, may be described as a planned development.

(b)

In its establishment and authorization as a special use, in addition to the foregoing provisions, the procedures, requirements, restrictions, standards, and conditions listed below shall be observed.

(c)

The planned development may be excepted from the provisions of the subdivision regulations and of the other provisions of this chapter to the extent specified herein, and in the final authorization of the planned unit development.

(d)

The planned unit development is authorized as a special use in each of the zoning districts of this chapter.

(Zoning Ordinance 1996, § 13.02)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Planned unit development means a parcel or tract of land having an area as herein required, initially under unified ownership or control, and which is or is intended to be the site for two or more principle uses, or one principle building for two or more principle uses and within which allowable exceptions in the district regulations are specified.

Planned unit development plat means a drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met and intended for recording with the county recorder of deeds.

(Zoning Ordinance 1996, § 13.03)

(a)

A planned unit development shall be granted as a special use in accord with the procedures and standards of this section and may depart from the normal procedures, standards, and other requirements of the other sections of this zoning ordinance.

(b)

Applications shall be made on forms provided by the county and shall be accompanied by the required plats and documents. Detailed plans, drawings, and other information as specified by the ordinance shall be required at the time of the various meetings and hearings.

(c)

Preapplication and sketch plan.

(1)

A preapplication conference shall be held with the planning office. At such conference, the applicant shall provide information as to the location of the proposed planned development, the uses, and approximate area of use category; a list of any and all exceptions to the subdivision and zoning ordinances of the county; and any other information necessary to clearly explain the planned development to the planning office.

(2)

The planning office shall review and consider the proposed plan as to its compatibility with the comprehensive plan, including LESA, and the goals and policies for planning of the county, and advise the applicant on the information, documents, exhibits, drawings, and any limitations on the proposal that should be included in the application to the county for a special use permit for planned unit development.

(3)

The applicant shall submit a sketch plan, with the preapplication fee declared in section 18-1, to the planning director, to be placed on the agenda of the meeting of the zoning board of appeals for a preliminary discussion of the proposed planned development. Such meetings are for informational purposes only. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the zoning board of appeals with the proposed development which shall include, but not necessarily be limited to the following:

a.

Sketch plan. A drawing of the planned unit development shall be prepared at a scale that provides for a clear understanding of the way in which the property is intended to be developed. The plan shall indicate the concept of the development with refinements to indicate the overall land use pattern, general circulation system, open space or park system, and major features of the development. This section does not require a detailed site plan of buildings, roads, walks, etc. The plan should include:

1.

Contour lines for the entire area at five foot intervals.

2.

Boundary lines and legal description.

3.

Easements, general location and purpose.

4.

Streets on and adjacent to the tract circulation system.

5.

Land use patterns, proposed.

6.

Map data, name of development, name of site planner, north point, scale, date of preparation, and acreage of the site.

7.

Zoning, existing land uses and circulation plan of surrounding environments and any other information pertinent to the location of the development.

8.

Existing zoning of development area.

9.

Signage plans.

b.

Site data. A written explanation of the graphic elements of the plan, including:

1.

Description of the different types and quantity of land uses.

2.

Description of residential, commercial, office and recreational units that will be included in the planned development.

3.

Number of dwelling units.

4.

Estimated population.

5.

Description of the development standards and design criteria.

c.

Objectives. A statement of planning objectives to be achieved by the planned unit development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer. This section should also describe any and all variations from the normal standards of the county zoning ordinance and subdivision regulations and the reasons for such variations.

d.

Ownership. A statement of present and proposed ownership of all land within the project.

e.

Names. The names and addresses of the persons to whom the notice of the hearing to be held by the zoning board of appeals should be sent (developer, designer, and the owners of the land adjacent to or immediately adjoining).

f.

Environment. A preliminary statement identifying existing natural and environmental resources and the method to protect the physical amenities of the site, including information on:

1.

Topography.

2.

Floodplains and surface hydrology.

3.

Vegetation and natural coverage.

4.

Soils and subsurface conditions.

5.

Geology.

6.

Scenic views and vistas.

g.

Utilities. A preliminary statement providing information on existing and proposed sanitary sewer, storm sewer, water, and other utilities, including cable television to adequately service the development.

h.

Traffic. A preliminary statement providing information on the existing road network and future improvements deemed necessary to service the development.

i.

Structures. Preliminary architectural concepts for the development will be presented to indicate the proposed character of the buildings in the development.

j.

Financial impact. A statement indicating the impact of the development on the local taxing bodies.

k.

Market analysis. Evidence showing the need and feasibility of the proposed development.

l.

Phasing. A preliminary development schedule or phasing plan indicating the extent and timing of each phase of the proposed development. Also, a preliminary timetable of the expected starting and completion dates of each phase.

(d)

Preliminary plat stage/application for special use permit.

(1)

Following the sketch plan stage, the developer or his representative shall submit to the county clerk a formal special use permit application for a planned unit development. Such petition shall be on application forms provided by the county and shall be accompanied by not less than 20 copies of the PUD plan and associated preliminary plat information as required by this chapter. The application shall also be accompanied by the appropriate special use application fee.

(2)

In addition to the sketch plan requirements the preliminary plat application shall contain the following information, where applicable:

a.

Objectives. A statement of planning objectives to be achieved by the planned unit development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

b.

Character. Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations and referencing the general benefits that will accrue to the public as a result of the planned unit development.

c.

Ownership. Statement of present and proposed ownership of all land with the project, including present tract designation according to official records in offices of the county recorder of deeds. A certificate shall be furnished that there are no delinquent taxes constituting a lien on the property, in whole or in part.

d.

Schedule. Development schedule indicating:

1.

Stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.

2.

Approximate dates for beginning and completion of each stage.

3.

If different land use types are to be included within the planned unit development, the schedule must include the mix of uses to be built in each stage.

e.

Covenants. Proposed agreements, deed restrictions, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space.

f.

Density. Provide information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, and the number of bedrooms in each building and dwelling unit type.

g.

Nonresidential use. Provide information on the type and amount of ancillary and nonresidential uses, including the amount of common open space.

h.

Commercial uses. Provide information on the type of commercial activities being proposed and the nature of the business operation including business hours, number of employees, parking facilities, and signage.

i.

Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient details to permit an understanding of the style of the development, the design of the buildings, and the number, size, and type of dwelling units. Also provide floor area of building types and total ground coverage of buildings.

j.

Landscape plans. Preliminary plans for plant materials, earth sculpturing, berming, and aesthetic features shall be submitted.

k.

Facilities plans. Preliminary plans or information adequate to indicate that the proposed development can be serviced, shall be submitted for:

1.

Roads, including classification, width or right-of-way, width of pavement, and typical construction details.

2.

Sanitary sewers.

3.

Water supply system.

4.

Storm drainage.

5.

Plans for other underground systems such as cable television installations.

l.

School impact study. Provide information on the student load and financial impact on the local school districts, including expected scheduling of potential students.

m.

Tax impact study. Provide information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project.

n.

Traffic analysis. Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit development. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.

o.

Market study. Provide an economic feasibility study of the proposed development, including information on land utilization and marketing potential. Evidence should be presented showing the need and feasibility of the proposed development.

p.

Soil erosion. Identification of procedures that will be used during development to control soil erosion.

q.

Request for additional information. The zoning board of appeals may, if deemed necessary, request additional information to be provided.

(3)

Applications. The preliminary plat application shall include the items in the subdivision regulations in addition to the requirements found in this section.

(4)

Standards. The zoning board of appeals may recommend approval of a PUD Plan if it has determined that all of the following standards have been complied with:

a.

General.

1.

Comprehensive plan. A planned unit development must conform with the planning objectives specified in the comprehensive plan.

2.

Size and ownership. The site of the planned unit development must be under single ownership and/or unified control and be not less than two acres in area.

3.

Compatibility. The uses permitted in a planned unit development must be of type and so located as to exercise no undue detrimental influence upon surrounding properties. In addition, the planned unit development shall not endanger the public health, welfare, or safety, nor shall it substantially diminish or impair property values in the neighborhood in which it is to be located.

4.

Need. The planned unit development must be of a character and contain such uses that are needed in the area of the proposed project.

5.

Density. The density of a planned unit development (either in dwelling units, for residential uses, or in floor area for all other uses) shall generally correspond to the density regulations imposed by the underlying zoning district. The density of the planned unit development is not necessarily required to precisely correspond with the normal density of the underlying zoning district but instead should reflect that district's character through complimentary building types and architectural design.

6.

Private facilities. When private streets and common driveways are made a part of the planned development or private common open space or recreation facilities are provided, the applicant shall submit as part of the application, the method and arrangement where by these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the county board.

7.

Space between residential buildings. The minimum horizontal distance between buildings side to side shall be:

i.

Ten feet between single-family detached dwellings.

ii.

Ten feet between clustered or "zero-lot line" single-family detached dwellings.

iii.

Fifteen feet between buildings, other than single-family detached dwellings, of 1, 2, and 2 ½ stories in elevation.

iv.

Equal to the height of the taller building in the case of free standing buildings greater than 2 ½ stories in elevation.

8.

Same, corner to corner. The minimum horizontal distance between buildings corner to corner shall be 15 feet or be as determined appropriate by the zoning board of appeals in reviewing the Preliminary planned unit development plat to ensure that all occupants receive a sufficient amount of light and air.

9.

Yards. The required yards along the periphery of the planned unit development shall be at least equal in width or depth to that of the adjacent zoning district.

10.

Setback. Buildings of more than 24 feet in height shall provide a setback from any property line of not less than equal to the height of such buildings.

11.

Design standards. The provisions of the county subdivision regulations and development codes unless otherwise agreed to and approved by the county board.

12.

Dedications. The PUD shall comply with the public land dedication requirements of the county's subdivision regulations unless specific variances are granted by the county board.

13.

Minimum requirements. All minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual zoning classification as established elsewhere in this chapter, except as may be specifically varied in the ordinance granting and establishing a planned development use.

b.

Fees. Upon filing of the preliminary plat application the developer and owner of the property agree to pay all reasonable site plan review and engineering review fees incurred by the county in reviewing the preliminary and final PUD plans submitted to the county.

c.

Public hearing, date set. Upon receipt of the complete application and fees the chairman of the zoning board of appeals shall set a public hearing date for review of the application before the zoning board of appeals. The hearing shall be set in accordance with this chapter.

d.

Findings. The zoning board of appeals shall set forth to the county board the reasons for the recommendation, and said recommendation shall set forth with particularity in what respects the proposal would be in the public interest, including but not limited to findings of fact on the following:

e.

Evaluation of application. Within 30 days after the close of the public hearing the zoning board of appeals shall report to the county board its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The application shall be evaluated according to the following:

1.

In what respects the proposed plan is consistent with the stated purpose of the planned unit development regulations.

2.

The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.

3.

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk, and use, and the reasons why such departures are deemed to be in the public interest.

4.

The method by which the proposed plan makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light and air, recreation and visual enjoyment.

5.

The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

6.

The desirability of the proposed plan as it regards physical development, tax base and economic well-being of the community.

7.

The conformity with planning goals and objectives of the county.

f.

Approval, modification or disapproval of preliminary plat. The committee of the county board having jurisdiction, after receipt of the zoning board of appeals' findings of fact and recommendation shall approve, modify or disapprove the preliminary PUD plat.

g.

Approval of final plat. Approval of a preliminary PUD plat shall not constitute approval of the final plat. The final plat shall be approved only if it conforms with the preliminary plat. No building permit shall be issued for any structure until the final plat has been filed, approved and recorded.

(e)

Final plat stage.

(1)

A property owner or developer who has received preliminary plat approval from the planning, zoning and agriculture committee for a PUD plan has one year from the date of approval by the planning, zoning and agriculture committee in which to obtain final plat approval from the county board. If a PUD plan has not received final plat approval within one year from the date that it received preliminary plat approval from the committee of the county board having jurisdiction the preliminary plat and all special use ordinances related to such PUD development shall become null and void and the property shall be subject to the regulations of the zoning district in force prior to the approval of the preliminary PUD plan.

(2)

If a PUD plan is being developed in phases, all phases must have final plat approval within three years from the date of preliminary plat approval by the committee of the county board having jurisdiction unless otherwise specified in the PUD special use ordinance. If final plat approval is not received within the designated period of time the property still not having final plat approval shall lose its PUD special use status and shall revert back to the zoning district that was in force prior to the approval of the preliminary PUD plat and shall be controlled by the zoning regulations of the zoning district in force. The county board may upon receiving a recommendation from the zoning board of appeals extend the deadline for receiving final plat approval.

(3)

Application for final plat approval shall be made on application forms provided by the county and shall be accompanied by not less than 15 copies of the final PUD plan or plat and associated final plat information and documents as required by this chapter.

(4)

The final plat application shall contain the following information:

a.

Final plat. Final plat drawing prepared in conformance with the requirements of the county subdivision regulations.

b.

Common open space documents. All common open space shall be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development, or retained by the developer with legally binding guarantees, in a form approved by the state's attorney, verifying that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

c.

Common use facilities, improvements, amenities. All public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat or performance bond or other form of security acceptable to the county to guarantee construction of the required improvements. The subdivider's bond payable to the county, shall be sufficient to cover the full cost of the improvements plus ten percent. Detailed construction plans shall be submitted for all public facilities to be built.

d.

Delinquent taxes. Proof of clear title as evidence that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been paid. Also, to be submitted are copies of paid tax receipts for the previous two years from the county assessor's office.

e.

Covenants. Final agreements, provisions, or covenants and including condominium declarations which will govern the use, maintenance and continued protection of the planned unit development. Such documents shall be recorded at the same time as the final planned unit development plat and plat of subdivision.

f.

Lease Agreements. When the PUD involves commercial or industrial activities, copies of the lease agreements shall be submitted.

g.

List of approved uses. List all uses as approved in the preliminary plat.

(5)

County board committee. To approve the final plat the committee of the county board having jurisdiction must first determine that the final plat submittal is in substantial compliance with the approved preliminary plat and PUD special use requirements.

(6)

Upon taking action on the final plat the committee of the county board having jurisdiction shall submit the final plat to the county board with its findings.

(7)

After receiving county board approval, the final plat shall not become valid until recorded along with required plats and documents in the office of the county recorder of deeds. The recording of the final plat shall constitute notice to all who deal with the PUD of the restrictions placed upon the land and act as the zoning control device.

(f)

Administration; reversion clause. Final plats for each phase of development must be approved in accordance with this chapter. In any area having final plat approval, construction must begin and be completed, as is determined by the issuance of final certificate of occupancy, within 24 months of the date of the county board approval of the final plat for that area unless otherwise specified in the conditions of the PUD special use. In the event that same is not done, the subject property shall revert to the zoning classification affixed to that property prior to the issuance of the planned unit development special use, or the county board shall initiate such zoning changes as it deems an extension of the PUD upon receiving a petition from the property owner or developer however, not for more than two years at a time. Any PUD or parts of a PUD approved three years prior to the effective date of this chapter in which all the necessary public improvements including streets and utilities have not been completed or have been permitted to deteriorate beyond a reasonable state of repair may be terminated by a decision of the county board and subject to the requirements of this chapter and the present requirements of the county zoning ordinance and subdivision regulations.

(g)

Amendment of a PUD special use. The planned unit development project shall be developed only according to the special use ordinance the approved preliminary plat and recorded plat and supporting documents. The special use ordinance and approved preliminary and final plats shall be binding on the applicants, their successors, grantees and assigns and shall limit their control, the use of premises and location of structures in the planned unit development project as set forth therein. Changes to the recorded planned unit development may be made as follows:

(1)

Major changes.

a.

Changes which alter the concept or intent of the planned unit development including changes in density, changes in the height of buildings, changes in proposed open space, changes in total bedroom counts, changes in road standards, changes in street design, or changes in the final governing agreements, provisions, or covenants, or other changes, may be approved only by submission and reconsideration of a new preliminary and/or final planned unit development plat and supporting data and following the preliminary or final plat procedure.

b.

If the major change alters data or evidence submitted during the Conceptual Plan or Preliminary plat stage, then the resubmission must begin at the Preliminary plat stage. If only final plat evidence or data is altered as result of the major change, then the resubmission shall begin at the Final plat stage.

c.

All changes to the "original" final plat shall be recorded with the county Recorder of Deeds as amendments to the final plat or reflected in the recording of a new "Corrected" final plat.

(2)

Minor changes. The committee of the county board having jurisdiction may review and approve additional improvements or changes in a PUD provided that such changes comply with the following:

a.

Comply with the general intent of the PUD special use.

b.

The changes do not constitute a major change as defined in the previous section.

c.

The proposed changes must comply with the requirements of the underlying zoning district unless otherwise specified in the PUD special use.

(Zoning Ordinance 1996, § 13.04)