Recognizing that there is a need for flexibility in providing future city needs, in keeping abreast of new building methods, materials, etc., and in providing for the planning of: dwellings and the various types and groups thereof, to secure the benefit of solar orientation, climate control, and additional privacy, and to provide for variety in dwelling types to meet changing needs for future residences; and commercial buildings and groups thereof to secure greater convenience to the public through improved methods of merchandising, transportation, office management and distribution of services necessary to the public welfare; and industrial buildings and groups thereof to secure greater convenience in production through improved methods of manufacturing, transportation, office management, and distribution of products necessary to the public welfare; may necessitate the variation in the use and area requirements of this ordinance (which are designed primarily to apply to the traditional pattern of lot development and building arrangement generally prevailing within the city) and in the regulations applying to buildings, yards, etc., the city council may amend this ordinance and zoning map for the accomplishment of the foregoing purposes, in accordance with the following procedures.

(Ord. No. 958, 2-10-98)

A development plan meeting the requirements of title XX shall accompany all planned unit development applications.

(Ord. No. 958, 2-10-98)

In the case of business or manufacturing planned unit development or residential planned unit development, the plan commission may recommend and the city council may authorize that there be in part of such development and for the duration of such development, specified uses not determined or permitted by the use regulations of the district in which said development is located, provided that the plan commission and board of zoning appeals shall find:

A.

That the uses permitted by such special uses are necessary and desirable, and are appropriate with respect to the primary purpose of the development;

B.

That the uses permitted by such special uses are not of such a nature, or so located as to exercise a detrimental influence on the surrounding neighborhood; or

C.

That not more than 20 percent of the ground area, or of the floor area of such a development would be devoted to the uses permitted by said special uses.

(Ord. No. 958, 2-10-98)

In the case of any planned unit development, the board of zoning appeals may authorize variances to the applicable bulk regulations of this ordinance within the boundaries of such development, provided that the board of zoning appeals shall find:

A.

That such variances would be solely for the purpose of promoting a unified site plan;

B.

That the building coverage ratio for a planned unit development may not be exceeded by more than 15 percent of the ratio prescribed for the district in which it is located;

C.

That the minimum lot-area-per-dwelling-unit requirements of this ordinance would not be decreased by more than 15 percent in any such development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto, including the land upon which it is erected, the minimum amount of land area required for such building under the lot-area-per-dwelling-unit provisions of this ordinance;

D.

That spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this ordinance on separate lots - due consideration being given to the openness normally afforded by intervening streets and alleys; and

E.

That along the periphery of such planned unit development, yards shall be provided not less than those required by the regulations of the district in which said development is located.

(Ord. No. 958, 2-10-98)

The procedure for review and approval of the site plan for the proposed planned unit developments shall be as follows:

A.

The plan commission shall study the application for the proposed planned unit development to determine whether the requirements of sections 1, 2, and 3 of title XX, are met.

B.

The plan commission shall conduct a public hearing upon the application for a planned unit development.

C.

The plan commission shall prepare a report containing its findings of its study, together with findings based upon the public hearing. Based on the report, the plan commission shall either approve or reject the application for a planned unit development.

D.

No construction shall commence on a planned unit development until a detailed plan is approved and signed by the plan commission.

(Ord. No. 958, 2-10-98)

The preliminary plan shall show the layout of the total area to be included in the proposed district and shall indicate and be accompanied by documentary evidence to the satisfaction of the plan commission and city council. The city council may, after consideration of the recommendation of the plan commission, grant approval of the preliminary plan, subject to any conditions deemed appropriate by the plan commission and city council, based upon the following:

A.

That the plan shall be consistent with the comprehensive plan for the orderly development of the city and with the purpose of this ordinance to promote the general welfare of the city;

B.

That the appropriate use and value of property adjacent to the area included in the plan will be safeguarded;

C.

That the capacity of existing or proposed utilities, streets, and thoroughfares is adequate to absorb the additional burden created by the special use district;

D.

That the development will consist of a harmonious grouping of buildings or other structures, adequate service, parking, and open spaces, planned as a single and common operating and maintenance unit, as applicable;

E.

That the uses included are limited to those permitted in said districts or where special uses have been approved by the board of zoning appeals;

F.

That all buildings be served by a central sewage disposal system, public water supply, and public utilities; and

G.

That, if the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of the ordinance shall be fully complied with at the completion of any stage.

(Ord. No. 958, 2-10-98)

The city council may, after consideration of the recommendation of the plan commission, grant approval of the final plan, subject to any conditions deemed appropriate by the plan commission and city council, based upon the following:

A.

Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site.

B.

The scale of the plan should not be less than one inch = 50 feet with contours at five-foot intervals and indicating any unusual topographical features.

C.

The location, dimensions, and arrangements of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, loading and unloading zones, pedestrian ways, widths of roads, streets, and sidewalks are adequate to provide for safe and efficient ingress and egress to and from public streets and highways serving the development.

D.

Capacity of all areas to be used for automobile access, parking, loading, and unloading.

E.

Location, uses planned, dimensions, gross floor area, building coverage, and height of each building or other structure.

F.

Location, dimension, and arrangement of all areas devoted to planted lawns, trees, recreation, and similar purposes.

G.

Provisions made for the location of existing or proposed sewage disposal, water supply, stormwater drainage, parking lot lights, and other utilities.

H.

Sufficient additional data as has been required by the plan commission or city council subsequent to the approval of the preliminary plan to enable the city council to judge the effectiveness of the design and character of the entire special use district and to consider properly such things as the relationship to surrounding area, anticipated traffic, public health, safety and general welfare.

I.

A bond or other acceptable assurance for on- and/or off-site improvements, exclusive of the buildings or structures intended for occupancy, rental or use, which the city council deems necessary to protect public health, safety and welfare of the neighborhood shall be furnished.

(Ord. No. 958, 2-10-98)