The purpose of planned unit development regulations is to offer developers the benefits of efficiency, economy, and flexibility by encouraging unified development of large sites, while deriving for the city the advantages of improved appearance, compatibility of uses, optimum service by community facilities and better handling of vehicular access and circulation. Review of the development plan by the planning and zoning commission assures that such large-scale developments are consistent with the objectives of the comprehensive plan.

(Code 1983, § 22-10.1; Ord. of 3-21-1971, art. X, § 1)

In order to provide for the purpose of this article, the following planned unit development districts are established:

(Code 1983, § 22-10.2; Ord. of 3-21-1971, art. X, § 2; Ord. of 9-12-1989, § 1)

The Planned Unit Development District is a special district established by a certain procedure and designated on the official zoning map by boundaries and symbols. Use, area, bulk, and height requirements shall be determined by the procedure set forth in this article, which shall prevail over conflicting requirements of this chapter.

(Code 1983, § 22-10.3; Ord. of 3-21-1971, art. X, § 3)

(a)

The planned unit development regulations that follow shall apply generally to the initiation and regulation of all planned unit development districts. Where there are conflicts between the special PUD regulations herein and general zoning, subdivision, or other regulations or requirements, these regulations shall apply in PUD districts unless the council shall find, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision, or other regulations or requirements.

(b)

Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable PUD or general regulations, but council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, council may make specific modification of the regulations in the particular case, provided that where floor area and similar ratios (other than off-street parking) have been established by these regulations, council shall not act in a particular case to modify such ratios.

(c)

Except as indicated above, notwithstanding procedures and requirements generally in effect, procedures and requirements set forth herein and in guides and standards officially adopted as part of regulations for particular classes of PUD districts shall apply in PUD districts, to any amendments creating such districts, and to issuance of all required permits therein.

(Code 1983, § 22-10.4; Ord. of 3-21-1971, art. X, § 4)

Any area may be rezoned as a Planned Unit Development District if any one or more of the following conditions are met:

(1)

More than one principal land use is proposed for development on a parcel under single or multiple ownership or management.

(2)

Separate land uses, which would not otherwise be permitted to locate within the same zoning district, are proposed for development on one or more adjacent parcels under single or separate ownership or management.

(3)

Exceptions or variations to the site, dimensional changes in standards required, or other requirements of this chapter are being sought.

(Code 1983, § 22-10.5; Ord. of 3-21-1971, art. X, § 5)

In order to qualify for a planned unit development district zoning classification, a proposed development must first meet each of the following specific requirements:

(1)

The site utilized for the proposed development must contain an area of not less than the following acreage:

(2)

The site must have a minimum width between any two opposite boundary lines of 200 linear feet and must adjoin or have direct access to at least one major thoroughfare.

(3)

The area proposed shall be in single ownership or management, or if in several ownerships, the application for amendment to the zoning ordinance shall be filed jointly by all of the owners of the properties included in the plan.

(4)

A suitable preliminary site plan and a final development plan shall be reviewed and approved by the planning and zoning commission, such plans including the elements described in this article. Final approval of the preliminary plan will be subject to city council approval and must be preceded by a public hearing. The rezoning petition shall be granted by the city council upon approval of the preliminary plan. The final development plan shall be approved by the planning and zoning commission. Resubdivision and final platting shall await construction of the project.

(Code 1983, § 22-10.6; Ord. of 3-21-1971, art. X, § 6; Ord. of 9-12-1989, § 2)

The filing of a plan for a planned unit development district shall constitute a request for an amendment to this chapter and shall meet the requirements specified in this article. It is highly recommended, although not required, that potential applicants submit a sketch plan of the proposed development to appropriate city staff prior to filing a preliminary site plan, as a basis for specific agreements concerning plans, programs and instruments, or specific modification of details of applicable regulations where it is alleged by the applicant that such modification serves public purposes to an equivalent or higher degree. In addition, it is the intent of this chapter that, to the extent possible, all negotiations between applicants and the city concerning an application be reduced to a written record, including city requests for changes in interpretation or application of regulations, and reasons for granting or denying each such request. The written record should cover all stages of the project review process from informal discussion of a sketch plan to final review and approval or denial by city council. In addition, the following regulations shall apply:

(1)

Seven copies of a preliminary site plan shall be submitted to the planning and zoning commission.

(2)

The planning and zoning commission shall review the proposals and hold a public hearing prior to submitting a recommendation to the city council, The commission may make reasonable, additional requirements, including, but not limited to, utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, access-ways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residential lots or uses, or to protect the PUD from adjacent uses.

(3)

Approval by city council constitutes creation of the planned unit development district.

(4)

Following approval by city council, a final development plan shall be recorded in accordance with the provisions of this article prior to issuance of a building permit for construction of any improvements within the planned unit development district.

(5)

Following the recording of the final development plan of the entire PUD project with the county clerk of courts, building permits may be issued and construction begun. The planning and zoning commission shall forward three copies of the approved final development plan to the code enforcement officer.

(6)

It shall be the responsibility of the code enforcement officer to inspect the construction and development of the PUD project to ensure that the project is developed according to the approved final development plan. In the event that the developer fails to develop his project according to the plans and if, in the code enforcement officer's professional judgment, the changes are more than minor changes as specified in section 38-170, the code enforcement officer shall revoke the building permit and comply with section 38-172. The developer shall petition the planning and zoning commission for an official amendment to the approved final development plan.

(7)

Upon completion of the development, the PUD project may, at the election of the developer, be resubdivided into smaller lots of record. The resubdivision of the PUD project shall be approved by the planning and zoning commission after 100 percent of the structures have been constructed and completed to the standards of the building codes. A project may be broken into several sections for purposes of resubdivision and platting; however, the county clerk of courts shall not record a final plat for the resubdivision of the land unless the chairperson and/or secretary of the planning and zoning commission has signed the final plat. 100 percent of the structures and major improvements within the area to be platted must be constructed and all requirements of the planning and zoning commission and this chapter must be met for the planning and zoning commission to approve the final plat.

(Code 1983, § 22-10.7; Ord. of 3-21-1971, art. X, § 7)

(a)

The preliminary site plan which accompanies an application for approval of a planned unit development district shall show the following:

(1)

The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the development.

(2)

The northpoint, scale, and date. The scale of the site plan shall be as follows:

a.

For projects containing 50 acres or more, not more than 100 feet to one inch.

b.

For projects containing less than 50 acres, not more than 50 feet to one inch.

(3)

Existing zoning and zoning district boundaries and proposed changes in zoning.

(4)

The boundaries of the property involved, the general location of all existing easements, section lines, and property lines, existing streets, buildings, and other existing physical features in or adjoining the project.

(5)

The approximate location and sizes of existing and proposed sanitary and storm sewer, water mains, culverts, and other underground facilities in or near the project on a topographic map using contour line intervals no greater than five feet.

(6)

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances, and exits, loading areas (including numbers of parking and loading spaces), and outdoor lighting systems.

(7)

The general location of proposed lots, setback lines, and easements, and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

(8)

The location and approximate height of all proposed main and accessory buildings and structures drawn approximately to scale.

(9)

General location, height, and material of all fences, walls, screens, planting, and landscaping.

(10)

Proposed location, intended use, and character of all buildings.

(11)

General location, character, size and height and orientation of proposed signs.

(12)

A location map showing the position of the proposed development in relationship to the city.

(13)

A tabulation of total number of acres in the project, gross and net, and the percentage thereof proposed to be devoted to different dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other public and private reservations.

(14)

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.

(15)

A general description of the proposal, stating the purpose and goals of the development, and the design features incorporated for meeting these goals.

(16)

A detailed legal description of the location of the site.

(17)

A discussion of the proposed standards for development, including restrictions on the use of the property, density standards and yard requirements, and restrictive covenants.

(b)

At least one of the final site plan maps shall include topographic contour lines at intervals no less than ten feet.

(c)

The planning commission may establish additional requirements for the preliminary site plan, and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to the proper decision on the project.

(Code 1983, § 22-10.8; Ord. of 3-21-1971, art. X, § 8)

A final plat shall be recorded prior to submission of an application for a building permit. The plat shall comply with all laws, regulations and ordinances governing the approval of subdivisions.

(1)

Within 12 months following approval of the rezoning petition by the city council and the preliminary development plan, the applicant shall submit to the planning and zoning commission a final development plan containing, in final form, all of the information required in the preliminary plan, regardless of whether a subdivision is proposed. Upon receipt of a written request by the applicant, the planning and zoning commission may extend for 12 months the period for filing the final development plan.

(2)

Upon receipt of the final development plan, with seven copies, the planning and zoning commission shall review it to determine that it is in substantial compliance with the preliminary development plan.

(3)

The planning and zoning commission may approve changes in the final development plans which comply with the following criteria:

a.

There are the same or fewer number of dwelling units and/or floor area;

b.

The open space is in the same general location and in the same general amount, or a greater amount;

c.

The buildings have the same or less number of stories and/or floor area; or

d.

The roads and drives follow approximately the same course.

(4)

The final development plans approved by the planning and zoning commission shall be kept on file by the city clerk.

(Code 1983, § 22-10.9; Ord. of 3-21-1971, art. X, § 9; Ord. No. 2010.327, 1-19-2010)

The planning and zoning commission shall review plans for proposed planned unit developments for conformity with the comprehensive plan. Specifically, the proposed plan shall meet the following conditions:

(1)

The plan shall provide for appropriate relationships between uses around the boundaries and uses within the planned unit development district and shall indicate those measures which would be taken to ensure that adjacent property will not be adversely affected, and the planned development will be similarly protected.

(2)

The plan shall conform to the purpose of this article.

(3)

The proposed net density of the development as a whole shall be no greater than the total which would be allowed for the number of multifamily, townhouse and single-family units in the development, under the appropriate regulations elsewhere in this article. Multifamily density shall be governed by section 38-73; townhouse density by section 38-74; and single-family density by the R-2 District regulations.

(4)

Access to all developed property shall be sufficient to provide for an acceptable level of fire protection.

(Code 1983, § 22-10.10; Ord. of 3-21-1971, art. X, § 10)

Off-street parking and loading spaces shall be provided in accordance with the provisions of section 38-68.

(Code 1983, § 22-10.11; Ord. of 3-21-1971, art. X, § 11)

Editor's note— Former 1983 code section 22-10.12, "Delay in Construction," was repealed by Ord. No. 2010.327, adopted 1-19-2010.

Amendments or additions to an approved plan or to the boundaries of a planned district shall be accomplished subject to the same regulations and procedures applicable to a new application. The code enforcement official may approve minor changes in the location of buildings that do not affect the general intent of an approved development plan and which do not alter a recorded plat.

(Code 1983, § 22-10.13; Ord. of 3-21-1971, art. X, § 13)

The planning and zoning commission may require filing of deed restrictions enforceable by the city for at least 20 years from the date of the filing.

(Code 1983, § 22-10.14; Ord. of 3-21-1971, art. X, § 14)

The violation of any provision of the plan, as submitted under the provisions provided herein, shall constitute a violation of this article, subject to the same penalties as established in this article.

(Code 1983, § 22-10.15; Ord. of 3-21-1971, art. X, § 15)

(a)

Intent. It is the intent of the PUD-R District to permit in a large-scale development a more flexible placing of residential buildings on the land, the grouping of open space, and such accessory facilities as garages, parking and limited retail, service and related establishments, as well as the mixture of housing types, according to a carefully drawn and approved plan of development.

(b)

Permitted uses. The following uses shall be permitted in the PUD-R Zoning District:

(1)

Any use permitted in the R-1 Residential District, except that any public use shall serve only the residents of the PUD-R District.

(2)

Two-family dwelling.

(3)

Townhouse, provided that such use complies with the requirements for townhouses as set forth in section 38-74.

(4)

Multifamily use, provided that such use complies with the requirements set forth in section 38-73.

(5)

Accessory uses, such as private garages and parking areas.

(6)

Retail and service uses limited to the following: grocery, confectionery, bakery, newspaper, drug, or hardware store; or barber, beauty, radio-TV repair, laundry pick-up or laundromat, watch repair or shoe repair establishment; or doctor, dentist, or similar professional office, provided that:

a.

No store or establishment may be larger than 1,000 square feet, except that a grocery store may be as large as 2,500 square feet.

b.

Only business signs are permitted and no neon or directly illuminated sign shall be used either on the exterior or in the windows, and all signs shall be attached flat to the face of the building.

c.

Off-street parking and loading requirements, as indicated in section 38-68 are met.

d.

Retail and service uses are designed for the service and convenience of the population living within the project area, and evidence to substantiate this function is presented. These uses may not be located adjacent to a district boundary. No more than five percent of the total floor space in the project shall be used for retail or service establishments.

(c)

Location of district. A PUD-R District may be established in any existing district except a CBD, L-I, or S-I District.

(d)

Site design, general. The proposed development must be designed so as to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhood. The review by the planning and zoning commission shall consider the following design elements:

(1)

Open space. The creation of open space, free of buildings, parking, and other uses, available for active recreation, walking and viewing, and a balanced relationship of buildings to this space. A minimum of at least 20 percent of the gross area of the site shall be kept open and unbuilt upon. Lot sizes may be reduced so as to pool space into common areas; the standards established in the R-3 District shall be considered as minimum.

(2)

Privacy. Personal and individual privacy shall be maintained and balanced with the provision of public and common areas.

(3)

Variety. Interest and variety shall be sought by means of street design and changes in and mixtures of building types, height, facades, setbacks, planting, and size of open space. The design should be harmonious as a whole and not simply from street to street.

(4)

Traffic and parking. No through traffic should be permitted; streets should not be straight for long distances, but should curve so as to discourage fast movement of traffic; group parking areas should be screened so that the vehicles are substantially hidden from the street.

(e)

Site design, detail.

(1)

A maximum of 50 percent of the dwelling units located in the PUD-R District may be two-family dwellings, townhouses, and multifamily dwelling units.

(2)

Single-family and two-family dwellings shall be developed under the regulations governing the R-2 District, except that the minimum lot area and minimum lot frontage of such dwelling lots may be reduced as indicated above. If residential uses are not permitted in the district, the R-2 restrictions shall prevail.

(3)

Multifamily dwelling units shall be developed under the regulations governing such dwellings in section 38-73.

(4)

Townhouses may be constructed within the PUD-R District and may be appropriately intermingled with other types of housing. Townhouses shall be developed according to the site plan and design criteria provisions of section 38-74.

(Code 1983, § 22-10.16; Ord. of 3-21-1971, art. X, § 16)

(a)

Intent. The PUD-I District is intended to be developed and reserved for secondary or auxiliary industrial purposes in a planned, organized and controlled development. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible environment according to a comprehensive plan for compatible industrial uses which involve light manufacturing, assembling or processing operations, or the sale and distribution of goods or products at wholesale; and to discourage any encroachment by residential, commercial, or other uses capable of adversely affecting the limited industrial character of the district.

(b)

Industrial park plan. Any area zoned as PUD-I must conform to a preliminary site plan, as indicated in section 38-164 which shall indicate, among other things, the site preparation and grading, streets and parking areas, loading zones, rail facilities, storm drainage, water and gas systems, electric and gas systems, development schedule, development costs and land use controls, plus any other information deemed to be necessary by the planning and zoning commission or the developer.

(c)

Permitted uses. The following uses shall be permitted in any PUD-I District:

(1)

Industrial use which does not utilize a drop hammer, automatic screw machine, or a punch press of more than 20-ton capacity; involve an unusual fire, explosion or safety hazard; produce noise, vibration, heat, glare, or electrical disturbance perceptible beyond the premises; and emit offensive fumes, smoke, dirt, odor, or toxic gas, according to the state department of health and environmental control and codes of the city.

(2)

Permitted uses specifically include establishments that manufacture, assemble, process, fabricate, bottle and/or package one or more of the following materials or commodities:

a.

Electronic instruments and/or devices and small electrical appliances such as clocks, irons, radios, phonographs, and television sets.

b.

Bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, ice, soft drinks, and food products other than those involving the processing of seafood, meats, vinegar, sauerkraut or yeast, or the rendering and/or refining of fats and oils.

c.

Musical instruments, toys, novelties, and small rubber and/or metal stamps.

d.

Products from the following materials previously manufactured and/or prepared elsewhere: bone cellulose, canvas, cloth, cork, feathers, felt, fiber, precious or semiprecious metals or stones, fiberglass, horn, leather, paper, plastics, shell, textiles, wood, and yarns.

e.

Pottery and other ceramic products using only clay previously pulverized elsewhere, and kilns fired only by electricity or gas.

f.

Machine parts and light sheet metal products using only materials previously manufactured and/or prepared elsewhere.

(3)

Warehouse and storage.

(4)

Public building, facility or land, other than a school, playground, park, care home, or cultural facility.

(5)

Public utility installation, including rail facilities.

(6)

Bus station, railroad terminal.

(7)

Agricultural farm or dairy.

(8)

Horticultural nursery.

(9)

Other uses may be permitted which are clearly of an accessory nature and which serve employees of the park, such as swimming pools, restaurants (but not drive-ins), office and administration building.

(d)

Location of district. A PUD-I District may be established in any existing L-I or S-I Industrial District.

(e)

Design standards, general. Uses permitted must be considered as compatible with each other and with the surrounding area. In general, the following criteria shall be considered when judging the compatibility of uses:

(1)

Uses will be permitted which have no harmful or unpleasant effects on each other or upon nearby property (noise, odors, fumes, glare, vibration, smoke, vapors, or gases, electrical emissions, and industrial wastes).

(2)

Traffic bound for the planned district should be encouraged to utilize only those streets with a nonresidential character; traffic routes and exits from a district should be far enough away from houses so that truck noise and vibration are not perceived.

(3)

The industrial district must be located on a major thoroughfare.

(4)

Appearance should be harmonious within itself, in terms of landscaping, enclosure of principal and accessory uses, signs, structural density and architecture.

(5)

The distances separating all district uses and buildings from the surroundings should be sufficient to constitute a buffer. (Loading docks and truck maneuvering areas and terminals should be further removed from residential lot lines than buildings.)

(f)

Design standards, detail. Where development is adjacent to residential areas, the industrial structures must be set back from the property line a sufficient distance to ensure the absence of any objectionable effects on such areas. The property lines abutting residential areas must have a permanent buffer screen sufficient to screen out both sound and view from the residential areas. In addition, all storage yards or outdoor display spaces, including the gates and exit points, must be enclosed by a buffer or screen; materials within such enclosures may not be stacked or stored so as to exceed the height of the screen.

(Code 1983, § 22-10.17; Ord. of 3-21-1971, art. X, § 17)

(a)

Intent. The purpose of the PUD-MH District is to permit the grouping of mobile homes and/or modular homes in such a way as to create a desirable residential environment and to provide for accessory uses needed to serve the residents of mobile home parks, mobile home subdivisions, and modular home subdivisions.

(b)

Permitted uses. A building or land shall be used for only the following purposes:

(1)

Mobile home park, mobile home subdivision or modular home subdivision developed according to the provisions of article I of chapter 36.

(2)

Accessory structures and uses customarily incidental to a mobile home park, mobile home subdivision and/or modular home subdivision, and which serve only the residents of the PUD-MH project. Such accessory structures may include any type of park or recreational facility, laundry facility, managerial offices, storage facilities, or other accessory uses.

(3)

Retail and service uses limited to those uses and conditions listed under section 38-163(2).

(4)

Signs permitted in residential zoning districts, as established in article IV of this chapter.

(c)

Location of district. A PUD-MH District may be established in any zoning district except R-1, CBD, L-I, or S-I, if, upon determination of the planning and zoning commission and city council, the proposed use will not be detrimental to the surrounding properties and that the proposed project meets the requirements of article I of chapter 36.

(d)

Site design. The site design requirements of the PUD-MH District shall conform to the restrictions set forth in article I of chapter 36.

(Code 1983, § 22-10.18; Ord. of 3-21-1971, art. X, § 18)

(a)

Intent. The purpose of the PUD-SC District is to permit in a large-scale development, a more flexible placing and grouping of commercial and business establishments in a centralized location for the convenience of shoppers.

(b)

Shopping center plan. Any area zoned as PUD-SC must conform to a preliminary site plan as indicated in section 38-164(7) which shall indicate, among other things, the site preparation and grading, streets and parking areas, loading zones, storm drainage, water and gas systems, electrical systems, development schedule, development cost and land use controls, plus any other information deemed to be necessary by the planning and zoning commission or the developer.

(c)

Permitted uses. The following uses shall be permitted in any PUD-SC District:

(1)

Alcoholic beverages: Packaged, retail sales.

(2)

Automotive service centers; but not to include the major overhaul or repair of motor vehicles, provided that all service, storage, or other similar activities connected with such use shall be conducted entirely within the structure.

(3)

Automotive service or filling stations; but not to include the major overhaul and repair of motor vehicles, provided that gasoline pumps or other appliances shall be located at least 15 feet behind the building line; that the storage merchandise and repair or other similar activities connected with such use shall be conducted entirely within the structure; and that all bulk fuels shall be stored underground.

(4)

Bakery: Where the products are sold exclusively at retail on the premises only.

(5)

Barbershops.

(6)

Beauty or figure salons.

(7)

Branch banks, savings and loan associations.

(8)

Camera supply stores.

(9)

Commercial recreational facilities.

(10)

Dairy bars and ice cream manufacture for retail sale on the premises only.

(11)

Dry cleaning and laundry establishments for drop and pickup only.

(12)

Eat-in/carry-out restaurant.

(13)

Fast food restaurant.

(14)

Florist shops, for retail sale only, but not to include commercial greenhouses.

(15)

Food stores, retail only, but excluding the killing and dressing of any fish, fowl, or animals.

(16)

Launderettes where individual laundry or dry cleaning equipment is rented for use by the consumer.

(17)

Motels, motor hotels, and hotels.

(18)

Offices and studios.

(19)

Office buildings, medical and dental clinics.

(20)

Public utilities, but not service or storage yards.

(21)

Opticians (and optical services).

(22)

Retail establishments, such as department, clothing, shoes, variety, drug, furniture, notion, hardware, appliance, jewelry, music, art, antique, gift, sporting goods, toy, hobby, book, and stationery stores.

(23)

Shoe repair shops.

(24)

Standard restaurant.

(25)

Theaters: Housed in a permanent structure.

(26)

Veterinary clinics or animal hospitals, provided that all housing of animals is within the clinical building in a manner that eliminates any objectionable noise or odor to adjacent properties and further that no animal hospital and dog runs shall be constructed within 50 feet of any existing residence.

(d)

Location of district. A PUD-SC District may be established in any zoning district, if, upon determination of the planning and zoning commission and city council, the properties used will not be detrimental to the surrounding properties and that the proposed project meets the requirements of all city ordinances.

(e)

Design standards, general. Uses permitted must be considered as compatible with each other and with the surrounding area. In general, the following criteria shall be considered when judging the compatibility of uses:

(1)

Uses will be permitted which have no harmful or unpleasant effects on each other or upon nearby property.

(2)

Traffic bound for the planned district should be encouraged to utilize only those streets with a nonresidential character.

(3)

The shopping center district must be located on or have access to a major thoroughfare.

(4)

Appearance should be harmonious within itself, in terms of landscaping, enclosure of principal and accessory uses, signs, structural density and architecture.

(5)

The distances separating all district uses and buildings from the surroundings should be sufficient to constitute a buffer.

(f)

Design standards, detail. Where development is adjacent to residential areas, the structures must be set back from the property line a sufficient distance to ensure the absence of any objectionable effects on such areas. The property lines abutting residential areas must have a permanent buffer screen sufficient to screen out both sound and view from the residential areas.

(g)

Minor changes. Minor changes in the PUD-SC may be approved by the city code enforcement officer, provided that such changes:

(1)

Do not increase the densities;

(2)

Do not change the outside (exterior) boundaries;

(3)

Do not change any use;

(4)

Do not materially change the location or amount of land devoted to specific land uses;

(5)

Do not significantly change the exterior appearance from those shown on any plans which may be submitted or presented by the developer; and

(6)

May include, but not be limited to, minor shifting of buildings, proposed streets, public or private ways and utility easements.

(h)

Major changes. Major changes in a PUD-SC shall require another public hearing and shall be treated as an amendment to this article. Major changes may include, but are not limited to, the following:

(1)

Increases in density;

(2)

Changes in exterior boundary lines;

(3)

Changes in land use;

(4)

Changes in the location or amount of land devoted to specific land uses; and

(5)

Changes that significantly change the exterior appearance.

(i)

Development in phases. For planned unit development shopping centers that contain more than ten acres, the applicant may elect to develop the site in successive phases in a manner indicated on a conceptual plan; however, each stage shall be substantially completed before the commencement of development of the next phase. The planning commission may require that the development be done in phases if public facilities are not adequate to service the entire development initially.

(Code 1983, § 22-10.19; Ord. of 9-12-1989, § 3)