1. The purposes of planned unit development (PUD) are:
   1. To provide a high-quality living and/or working environment, to utilize and incorporate natural features in the land development design, and to provide a more efficient use of the land and the preservation of greater proportions of open space for recreation and visual use than is otherwise provided for in the zoning regulations;
   2. To provide good and compatible neighborhood and housing design by utilizing a variety of dwelling types and site arrangement plans to allow for greater flexibility and diversity in the physical pattern of the development;
   3. To provide developments, including mixed use areas where feasible, that are compatible with existing nearby land uses and harmonious to the community; and
   4. To ensure compliance with the intent of this Chapter related to public health, safety and general welfare, while securing the efficient use of the land for residential, commercial, and mixed-use development.

1. A PUD may allow for any combination of residential, commercial, and mixed uses allowed in the underlying zone in which a PUD is proposed. The development standards section of this Chapter (19.18.030) governs where conflicts exist between this Chapter and other development and specific use standards of this Title. The following categories of PUD may be reviewed and approved consistent with Sections 19.18.030 through 19.18.070, as well as with all other applicable standards and codes not specifically addressed by this Chapter:
   1. Condominium Conversion PUD. Condominium Conversion PUDs are existing condominium developments that cannot be sold or refinanced without the common area adjoining the units in the development being divided up into individual lots that include the existing homes, and where these newly created lots would not qualify as traditional subdivision lots under municipal ordinance. In such cases, the newly created lots may be approved as a planned unit development. Condominium Conversions are exempt from the Development Requirements of this Chapter but shall comply with Section 19.18.060 relating to review and approval of the development.
   2. Infill Development PUD. Infill Development PUDs are residential PUDs in or adjacent to existing residential neighborhoods. The minimum area for an Infill Development is one-half (1/2) acre and the maximum area is three (3) acres.
   3. Residential Neighborhood PUD. Residential Neighborhood PUDs are residential planned unit developments with a minimum area of three (3) acres and a maximum area of twenty (20) acres.
   4. Residential Community PUD. Residential Community PUDs are residential PUDs with an area of over twenty (20) acres.
   5. Mixed-Use PUD. Mixed-Use PUDs are developments containing both residential land use and non-residential land use within the same integrated plan. The residential and commercial land uses shall be within the same building(s) unless demonstrated that all buildings in the proposed development plan are integrated into a shared campus of common areas and amenities. The minimum area for a Mixed-Use PUD is one (1) acre.
   6. Commercial PUD. Commercial PUDs are developments containing non-residential land uses within an integrated plan. The minimum area for a commercial PUD is one (1) acre.

1. The following standards apply to the PUD categories listed in the heading for each standard. Any PUD for which a specific standard below does not apply shall comply with the applicable equivalent standard in this Title. The various categories of PUD shall be abbreviated as follows:
   1. Standards applicable to all categories of PUD – (All)
   2. Standards applicable to a Condominium Conversion PUD – (CC)
   3. Standards applicable to an Infill Development PUD – (ID)
   4. Standards applicable to a Residential Neighborhood PUD – (RN)
   5. Standards applicable to a Residential Community PUD – (RC)
   6. Standards applicable to a Mixed-Use PUD – (MU)
   7. Standards applicable to a Commercial PUD – (C)
2. Ownership (All). The property shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
3. Open Space (ID, RN, RC). Open space shall be provided and shall cover no less than forty percent (40%) of the gross site area. For purposes of this Chapter, gross site area is defined as the total area of a planned unit development excluding anything in the public right-of-way. Open space shall be provided as follows:
   1. Except for infill development, common open space shall be provided in the amount of at least twenty percent of the gross site area. Infill development must include forty percent (40%) open space but is not required to include common open space.
   2. The required common open space shall be land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curb-gutter-sidewalk, driveways, or alleys and shall be accessible by all residents of the development. Buildings erected for the purpose of providing an amenity may be included as open space. Said open space may be an area of land or water set aside, or reserved for use by residents of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Common open space also includes common walkways (but not curb-gutter-sidewalk), formal picnic areas, and recreational areas. Common open space may be distributed throughout the development and need not be in a single large area. Common open space may include sensitive areas, such as areas with thirty percent or greater slope, fault zones, flood plains, high water tables, and wetlands, if they have been designed as an integral element of the project.
   3. Private open space is that space which is provided for each dwelling unit for personal use. Private open space is typically located immediately adjacent to or attached to the dwelling unit it is designed to serve and is for the exclusive use of the residents of the dwelling unit. Landscaped roof areas, balconies, or decks attached to individual units are considered private open space and are not to be calculated as part of required common open space.
   4. The Planning Commission may reduce the open space requirements of this section in order to accommodate a density bonus provided for in this Chapter.
4. Interior Streets (RN, RC, MU). The design of public and private streets within a development shall follow standards for roadway development adopted by the municipality. Private streets shall be subject to the same inspections and construction standards as required for public streets. The municipality shall be granted a utility easement for the entire interior street system in a development project. All private streets shall be conveyed to a private association.
5. Garbage and Recycling (All). The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage in harmony with the neighborhood so as to minimize detrimental effects of the collection, storage, and removal on any residence within the development or abutting neighborhoods. If dumpster enclosures are provided for the development, no refuse dumpster or dumpster enclosure structure shall be located closer than ten feet to any perimeter property line. Enclosure structures must have a minimum of three sides that reflect or emulate the materials, design, and quality of the overall development. All developments shall provide recycling services.
6. Parking (All). Parking shall comply with Chapter 19.48 of this Title. In addition, the following minimum standards shall apply to covered parking:
   1. Garages are encouraged.
      1. Garage parking, if used, shall have a minimum unobstructed size of twenty-two feet wide by twenty feet in length (22’ x 20’), or twenty feet wide by twenty-two feet (20’ x 22’) in length. Single-car garages are also permitted and shall have a minimum unobstructed size of ten feet wide by twenty-two feet (10’ x 22’) in length, or eleven feet wide by twenty feet (11’ x 20’) in length.
      2. Covered parking, if used, shall be placed in locations adjacent or convenient to the buildings that they are intended to serve.
      3. Tandem spaces may be allowed with a minimum size requirement of twenty feet long by nine feet wide (20’ x 9’) per parking space, up to a maximum of two contiguous spaces per unit.
   2. Underground Parking. Installation of underground parking adequate to meet fifty percent (50%) of the parking requirements of this section excluding guest parking, shall receive a twenty percent (20%) density bonus for the planned unit development.
7. Building Materials (ID, RC, RN, MU, C). Exterior materials of a durable or resilient nature such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. No single material is allowed to exceed fifty percent (50%) of the surface area on street-facing facades. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five (25) year guarantee architectural shingles and/or other longer lasting roof materials are required.
8. Landscaping on Public Right-of-Way (All). Where a development is adjacent to a public right-of-way, a permanent open space shall be required along any front, side, or rear yard adjacent to said right-of-way. This area shall be kept free of buildings and structures (except fences, as per Chapter 19.50, and approved by the Planning Commission), and permanently maintained with street trees and other landscaping, screened or protected by natural features, as per Chapter 19.50. If such areas are the result of double frontage lot designs with inadequate access to the street, such areas shall be landscaped as per Chapter 19.50 with a five-foot (5’) landscaped area. Aesthetic entrance features are encouraged. Additional landscape treatments or buffers may also be required with width and landscaping specifications as per Chapter 19.50.
9. Fencing (ID, RN, RC). Unless otherwise allowed by the Planning Commission, exterior fencing along a public right-of-way shall be limited to brick, stone, or block, or pre-cast concrete and be setback a minimum of five feet (5’) from the property line to allow for a landscaping buffer designed in accordance with Chapter 19.50 to soften long expanses of walls. Interior fencing shall comply with Chapter 19.46. A lot or unit with primary access from a public right of way is not subject to the fencing requirements for the front yard of that lot or unit.
10. Interior Street Lights (RN, RC). Street and pedestrian lighting for streets on the interior of the PUD is required. All lighting fixtures shall be directed downward with mechanisms to prevent dark sky illumination. The applicant shall submit a plan which indicates the type and location of lights in relation to the development and designed for pedestrian safety. Minimum average foot-candles for local residential roads (thirty-five feet (35’) maximum) shall be 0.3, and shall be 0.5 for residential collector roads (thirty-six feet—forty-five feet) (35’-45’).
11. Signage (RN, RC, MU). Only low-profile signs with a maximum size of fifty square feet (50 sq.ft.), and five feet (5’) in height are allowed. No temporary signs are allowed other than for sale or rent signs with a maximum of six square feet (6 sq.ft.) in area per side. Only three (3) such signs are allowed per three hundred feet (300’) of frontage. The size, location, design and nature of signs, if any, and the intensity and direction of any associated lighting shall be detailed in the application, and, except as provided in this Chapter, shall be consistent with the characteristics of the community and Chapter 19.52, Signs.
12. Site Plan (See Below). All developments shall be guided by a total design plan in which the following development standards may be varied to allow density bonuses, and flexibility and creativity in site design and building location. The Planning Commission may require such arrangements of structures, open spaces, landscaping, buffering, and access within the site development plan so that adjacent properties will not be adversely affected. The following criteria shall be used by the Planning Commission principally to assure the design objectives of this section are met.
    1. Density (ID, RN, RC, MU). Subject to the following density bonuses, the density allowed for a development may not be greater than that allowed in the zone in which it is located. Density shall be calculated using only net developable acreage. A density bonus in the following amounts is allowed if either or both of the following conditions exist:
       1. For developments with underground parking that is adequate to meet the parking requirements of this Chapter excluding guest parking, a density bonus of twenty percent (20%) is allowed; and/or
       2. For developments within one-quarter (1/4) mile (improved walking distance) of a rail or Bus Rapid Transit (BRT) station, a density bonus of twenty percent (20%) is allowed. For developments within one-half (1/2) mile (improved walking distance) of a rail or BRT station, but greater than one-quarter mile (1/4), a density bonus of ten percent (10%) is allowed.
    2. Maximum Height (All). For the purpose of this Chapter, building height is to be measured from the lowest point of original grade to the highest ridge.
       1. For any PUD located in and adjacent to an R-1, R-2, A-1, or A-2 zone (“residential zone”), the maximum height for structures within fifty feet (50’) of the property line of a property zoned “residential” shall be thirty-five feet (35’). PUDs with one building only, are allowed a rooftop garden or patio provided the rooftop garden or patio has a minimum setback of seventy-five feet from the property line.
          1. The height of buildings along the perimeter of a PUD adjoining a residential zone shall be thirty-five feet (35’). Heights may be increased to the maximum height allowed in the zone in which the PUD is located by one-foot increments, with each additional one-foot in height requiring an additional one (1) foot in setback from the perimeter (see figure 1 below for graphical rendering).
          2. The height of structures in all other PUDs shall conform to the applicable zone.
          3. At the discretion of the Planning Commission, height for dwelling structures along state highways and not adjoining a residential zone, may be increased up to twenty percent (20%) above the otherwise applicable maximum height to accommodate a density bonus provided for in this Chapter.
          4. Notwithstanding the above, the Planning Commission may at its discretion reduce or increase the otherwise stated maximum heights if mitigation is warranted, but only in cases where unusual topographical or other exceptional conditions or circumstances exist, such as the height of surrounding buildings.
             
             Figure 1. An illustration of height allowance as described in Subsection 19.18.030.L.2. above when approved by the Planning Commission, where for every foot increase in height requires a foot increase in minimum setback. This provision is designed to soften the impact to adjacent properties while allowing for increases in height where appropriate.
    3. Perimeter Setbacks (All). Buildings (including covered decks or covered patios, or decks or patios in excess of eighteen inches (18”) above existing grade) located on lots on the perimeter (excluding the public frontage defined in Section 19.18.040 of the development), shall have at least a fifteen-foot (15’) setback from the perimeter lot line, and shall have a setback from a right-of-way as prescribed by the underlying zone. Otherwise, no specific yard, setback, or lot size requirement is imposed by this Chapter. However, the purpose and design objectives of this Chapter must be complied with in the final development plan, and the Planning Commission may require specific setbacks within all or a portion of the development to maintain harmony with the existing character of the neighborhood.
    4. Site Calculations (All). Specific calculations which address the percentage of open space, impervious versus pervious surfaces, and site improvements shall be submitted by the applicant with all project applications.
    5. Traffic Circulation (All). Points of primary vehicular access to the development shall be designed to provide smooth traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian, and bicycle traffic. Adequate emergency vehicle access shall be provided. Internal circulation systems shall include pedestrian paths, and may include bicycle paths, preferably separated from vehicular traffic. Where recreational facilities exist or are planned adjacent to the proposed development, such pedestrian and bicycle paths shall connect to these facilities.
    6. Privacy (ID, RN, RC). Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers, landscaping, and sound reducing construction techniques shall be used as appropriate to enhance the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise.
    7. Sidewalks (ID, RN, RC, MU). With the exception of forestry zones, as required elements of a development, interior sidewalks a minimum of five feet (5’) wide shall be installed to serve the units and connect to the public street.
    8. Utilities (All). All utilities shall be located underground, except as may be provided for in state law. Utility equipment shall be screened from view and preferably, not fronting on a public street.
    9. Private outdoor spaces (ID, RN, RC). Each residential unit shall be required to have an outdoor patio/rear yard space with a minimum of one hundred square feet (100 sq. ft.), or a balcony with a fifty square foot (50 sq. ft.) minimum.
    10. Desirable Amenities (ID, RN, RC). Amenities that are identified in an adopted Recreation and Open Space Standards Policy shall be installed in accordance with that policy. Where conflicts exist with this Chapter and the adopted Recreation and Open Space Standards Policy, requirements identified in this Chapter control.
    11. Miscellaneous (All). Installation of xeriscaping is encouraged as an alternative to excessive lawn areas or other landscaping treatments that excessively consume water. Low impact/water retention development techniques are encouraged to manage stormwater onsite including but not limited to planter boxes, rain gardens, and bioswales in the open spaces.
        1. Parking areas, service areas, buffers, entrances, exits, yards, courts, landscaping, graphics, and lighting for both residential and non-residential development shall be designed as integrated portions of the total development and shall project the residential character.

1. In a PUD, vertical mixed-use is allowed in zones that allow both residential and commercial and/or office uses, provided it meets the following requirements, in addition to the other requirements in this Chapter. For purposes of this section, vertical mixed-use means commercial or office uses sharing the same building as residential uses. PUDs in mixed-use zones shall comply with the standards of that zone.
2. The property is abutting or contiguous to a corridor as defined in the general plan, or major or minor arterial street.
3. Commercial uses shall only be allowed on the first floor of buildings fronting on the street. Office uses may only be allowed on the first and second floor of buildings fronting on the street. Entrances to the first floor of these buildings shall front on the street. Windows shall make up at least fifty percent (50%) of street-facing facades of these floors. These floors shall have architectural differentiation from the other floors in the building.
4. Parking is not allowed between the building(s) and the street.
5. Corner lots are deemed to have two (2) front yards.
6. Landscaping along the street shall comply with this Chapter and Chapter 19.50.
7. Signage for commercial or office uses shall be limited to signs on the building(s) that comply with Chapter 19.52.

1. A development shall be approved subject to the submission and recordation of legal instruments setting forth a plan or manner of permanent care and maintenance of all common open space and other facilities provided in the final development plan.
2. Terms in the final development plan governing maintenance of common open space and other facilities shall comply with applicable provisions of the Utah Condominium Ownership Act, § 57-8-101, et seq., or the Utah Community Association Act, § 57-8a-101, et seq.

1. PUDs less than three (3) acres in size are subject to the permitted use review process outlined in Section 19.16.030 of this Title.
2. PUDs three (3) acres in size or greater are subject to the conditional use review processes outlined in Sections 19.16.030 and 19.16.040 of this Title.
3. Subdivision of property within a PUD is subject to the review and approval procedure outlined in Title 18, Subdivisions, of the Kearns Municipal Code.

If the sequence of construction of various portions of the final development plan is to occur in stages, then the open space and/or recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given stage of construction. A phasing plan, including size and order of phases, shall be approved by staff to ensure that individual phases of the development comply with all requirements, including that the open space and/or recreational facilities are installed proportionately with the approved phasing plan.