Kearney City Zoning Code
ARTICLE XX
"PUD" Planned Unit Development District
Section 405.555 Purpose.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
In selected instances, departures from the requirements and allowed uses of the zoning districts of this Unified Development Code may be made through the Planned Unit Development ("PUD") option. The purpose of the "PUD" option is to permit and encourage innovative, economical and attractive development which allocates appropriate areas of improvements, open space and recreation; which includes land uses which harmonize with natural features and constraints; and which efficiently phases and locates public and private services and facilities.
Section 405.560 Requirements Regarding Tract.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
The minimum required land area for a planned unit development shall be twenty (20) contiguous acres.
B.
The developer shall provide a sanitary sewage disposal system to collect and dispose of all sewage from all present and probable structures in the planned unit and shall be otherwise constructed and maintained in conformity with the Statutes.
C.
The developer shall provide within the planned unit development a storm drainage system which shall be of sufficient size and design as will collect, carry off and dispose of all predictable surface water runoff within the development.
D.
The developer shall provide within the planned unit development a potable water system which shall be of sufficient size and design to supply potable water to each of the structures to be erected in the development.
Section 405.565 Use Regulations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Use Regulations. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
1.
Single-family attached or detached dwellings.
2.
Apartment buildings.
3.
Accessory private garages.
4.
Public or private park or recreation areas which may include a golf course, swimming pool, tennis court and other similar recreational uses, but which may not include any use or activity which produces noise, glare, odor, air pollution, fire hazards or other safety hazards, smoke, fumes or other things detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.
5.
Municipal buildings.
6.
Schools.
7.
Churches.
8.
Professional offices as a special exception, but not in a residential type of structure.
9.
Theater for stage productions or films, but not a drive-in theater.
10.
Studios of artists, sculptor, musician or photographer, but no goods or objects shall be sold or publicly displayed on the premises.
11.
Neighborhood retail and service facilities.
12.
Restaurants and clubs.
Section 405.570 Density and Design Standards.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Area Limitations For Various Uses. Within a planned unit development, the following percentages of the total land area shall be devoted to the specified uses:
1.
A maximum of eighty percent (80%) for residential use; land devoted to residential use shall be deemed to include those streets, alleys, parking areas, private open spaces and courts which abut and service primarily residences or groups of residences, but it shall not include useable open space which is available for use by the general public or by persons who do not live in the residences or groups of residences immediately adjacent to it.
2.
A maximum of twenty percent (20%) for theater, retail, service, restaurant, enclosed recreational uses, professional offices and parking associated with these uses.
3.
A minimum of twenty percent (20%) for open-air recreational uses and other useable open space. "Useable open space" shall be defined as an open area designed and developed for use by the occupants of the development or by others for recreational (whether commercial, private or public) courts, gardens or household service activities such as clothes drying, which space is effectively separated from automobile traffic and parking and is readily accessible; the term shall not include space devoted to streets and parking.
a.
Residential density. The density of residences shall conform to the zoning of the district but shall not exceed ten (10) units per acre of the land within the development which is devoted to residential use, as defined in Section 405.570(A)(1) above and useable open space.
b.
Lot size, etc. There shall be no minimum lot size, no minimum percentage of lot coverage and no minimum lot width. However, every single-family dwelling shall have access to a public street, court, walkway or other area dedicated to public use. No structure and no group of structures (such as semi-detached dwellings or a row of town houses) shall be erected with ten (10) feet of any other structure or group of structures.
c.
Height. The height of any residential structure within a planned unit development shall not exceed thirty-five (35) feet and the height of other structures (except churches) shall not exceed forty-five (45) feet.
d.
Length. There shall be no continuous structure of town houses, attached dwellings or apartments containing more than twelve (12) dwelling units.
e.
Location of structures. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.
f.
Protection of open spaces. Open spaces between structures, including those spaces being used as a public or private recreational area, shall be protected by adequate covenants running with the land or by conveyances or dedications as the Planning and Zoning Commission shall specify.
g.
Roads and parking areas. The dimensions and construction of roads, alleys and parking areas within the development, whether or not dedication of them to the City is contemplated, shall conform to all applicable City regulations.
Section 405.575 Procedure.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Procedure. Before a building permit is issued for land or a building in a "PUD" District, the developer shall adhere to the procedures for review and approval of a "concept plan" by the Planning and Zoning Commission and Board of Aldermen as defined in Section 405.135, Rezoning to Planned Zoning District.
B.
Site Plan Required. If the concept plan is approved by the Planning and Zoning Commission and Board of Aldermen, the developer shall submit a site plan in accordance with Section 405.140, Site Plan Requirements, containing all the information required by this regulation for any part or section of the land for which he/she expects to seek approval in the immediate future. The approval of the site plan shall follow the procedures set forth in Section 405.145, Major Site Plan.