The planned unit residential zone is intended as a zone to encourage unified design of housing, commercial or institutional zones and facilities or combinations thereof to provide for related developments having harmony of design and variety of function.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22)

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:

Common open space means a parcel of land or an area of water, or a combination of land and water within the site designated as a planned unit residential zone, and designed and intended for the use or enjoyment of residents of the planned unit residential zone, common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit residential development. Parking areas shall not be considered as common open space.

Landowner means the legal or beneficial owner or owners of all of the land proposed to be included in a planned unit residential zone. The holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a landowner for the purpose of this zoning section.

Plan means the proposal for development of a planned residential zone, including all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by section 110-138. The phrase "provisions of plan" where used in this article shall mean those documents, verbal or graphic, referred to in this definition.

Planned unit residential zone means an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one (1) residential district established by any other article of this chapter.

Single ownership means the proprietary interest of a landowner.

Statement of objectives for planned unit residential zone means that statement of objectives contained in section 110-134 and shall include all maps and attachments incorporated in that statement of reference.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(A))

Cross reference— Definitions generally, § 1-2.

(a)

The city, being confronted with increasing urbanization, and acknowledging that the technology of land development and the demand for housing are undergoing substantial and rapid changes, and recognizing the applicability of the objectives set forth by the city council, does hereby adopt this article for application to areas of land which are to be developed as planned residential developments.

(b)

Of primary concern is the need to provide increased flexibility in the laws governing the development of those large areas in the city which are at present substantially open land; and to encourage such development in directions that will recognize both the changes in design and technology in the building industry and the new demands in the housing market; and to ensure that the uniform regulations appropriate to previously developed residential neighborhoods do not operate to discourage efficient and imaginative development of such substantially open areas consistent with the reasonable enjoyment of neighboring properties.

(c)

Also of concern is the need for the redevelopment of those congested and blighted areas abutting the central areas of the city in order to furnish adequate housing facilities in proximity to the commercial and civic amenities of the central areas of the city, and in the belief that private investment should be encouraged to contribute to that redevelopment; and in recognition that such necessary redevelopment cannot be expected to take place in strict accordance with those uniform regulations appropriate to more viable established residential areas of the city.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(B))

(a)

It is the intent of this article to encourage unified design of housing, related facilities or combinations thereof to provide for related developments having harmony of design and variety of function, and to provide for a greater flexibility in the design of buildings, yards, courts and circulation than would otherwise be possible through the strict application of standard regulations. It is further the intent of this article to provide for:

(1)

A maximum choice in the types of environment and living units available to the public.

(2)

An integration of open space and recreation areas with residential development.

(3)

A pattern of development which preserves trees, outstanding natural topography and geologic features.

(4)

A creative approach to the use of land and related physical development.

(5)

An efficient use of land, resulting in small networks of utilities and streets and thereby lowering housing and maintenance costs.

(6)

An environment of stable character in harmony with surrounding development.

(b)

The city council is hereby designated as the municipal authority.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(C))

(a)

The provisions of this article shall apply only to a tract of land proposed to be developed for fifty (50) or more dwelling units, which tract is under single ownership, and for which an application for a planned unit residential zone is made as hereinafter provided.

(b)

An application for a planned unit residential zone on a tract of land for more than five (5) but less than fifty (50) or more dwelling units may be filed, but no tentative approval of such an application shall be given by the planning commission unless the commission shall find, upon a showing by the landowner, that the minimum of fifty (50) dwelling units should be waived because a planned unit residential zone is in the public interest, and that one (1) or more of the following conditions exist:

(1)

Because of unusual physical features of the property itself or of the neighborhood in which it is located, a substantial deviation from the regulations otherwise necessary or appropriate in order to conserve a physical or topographic feature of importance to the city.

(2)

The property or its neighborhood has a unique character of economic importance to the community that will be protected by use of a planned unit residential development.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(D); Ord. No. 17-2135, § 1, 7-3-2017)

Uses permitted in a planned unit residential development may include and shall be limited to:

(1)

Dwelling units in detached, semidetached, attached or multistoried structures, or any combination thereof; and

(2)

Nonresidential uses of religious, cultural, recreational and commercial character to the extent they are designed and intended to serve the residents of the planned unit residential zone.

No commercial use, nor any building devoted primarily to a commercial use, shall be built or established prior to the residential buildings or uses it is designed or intended to serve.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(E))

(a)

The plan for a planned unit residential zone shall be consistent with:

(1)

The statement of objectives for planned unit residential zone;

(2)

The general standards set out hereinafter; and

(3)

The specific rules and regulations for the planned unit residential zone adopted from time to time and placed in the public record by the city council. No such rules and regulations shall be revised or added to so as to be applicable to a specific proposal for a planned unit residential zone after an application for tentative approval has been filed by the landowner.

(b)

A plan shall be consistent with the following general standards for use of land, and the use, type, bulk, design and location of building, the density or intensity of use, the common open space, the public facilities and the development by geographic division of the site:

(1)

The plan may provide for a variety of housing types.

(2)

The total ground areas occupied by buildings, structures and parking areas, shall not exceed seventy (70) percent of the total ground area of the planned unit residential zone. For the purpose of this subsection, total ground area shall be equal to the gross area of the proposed planned unit residential zone site, less those areas required for public street improvements or excavated drainage areas.

(3)

Height of particular building shall not be a basis for denial or approval of a plan, provided any structures in excess of thirty-five (35) feet shall be designed and platted to be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services.

(4)

Architectural style of buildings shall not be a basis for denying approval of a plan.

(5)

Nonresidential uses of religious, educational or recreational nature shall be presumed to be designed or intended for the use of the residents of the planned unit residential zone, and the burden shall be on the planning commission or objecting parties appearing at the public hearings to show by substantial evidence that the use will primarily serve persons residing outside the planned unit residential zone. The burden shall be on the landowner to show that nonresidential uses of a commercial character are intended to serve principally the residents of the planned unit residential zone. No building designed or intended to be used, in part or in whole, for commercial purposes shall be constructed prior to the construction of not less than fifty (50) percent of the dwelling units proposed in the plan.

(6)

If the density or intensity of land use exceeds twenty (20) units per acre, the landowner has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The planning commission, in determining the reasonableness of the increase in the units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by the amount, location and proposed use of common open space and achieved by the location, design and type of dwelling units. The planning commission shall, in its determination, also consider that the physical characteristics of the site may make increased densities appropriate in the particular location.

(7)

The amount and location of common open space shall be consistent with the declared function of the common open space as set forth in the application for a planned unit residential zone, and there shall be such provisions for the ownership and maintenance of the common open space as reasonable to ensure its continuity and conservation. If the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interest of the entire city then, and in such event, the city shall take those remedial steps provided for in section 82-41.

(8)

The plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of such residential units, nonresidential uses and public facilities as are necessary for the welfare of the planned unit residential zone and are not inconsistent with the best interest of the entire city. Such covenants, easements and other provisions, if part of the plan as finally approved, may be modified, removed or released only in accordance with those requirements specified by this Code.

(9)

The planning commission may designate divisible geographic sections of the entire planned unit residential zone to be developed sequentially, and shall, in such case, specify reasonable periods within which development of each such section must be commenced, and may permit in each section deviations from the number of dwelling units per acre established for the entire planned unit residential zone, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned unit residential zone is not affected. The period of the entire development and the commencement date for each section thereof, may be modified from time to time by the planning commission upon the showing of good cause by the landowner, provided that in no case, shall any extension exceed twelve (12) months. If the landowner does not appear in the specified time, his final plat approval may be revoked by the planning commission. The landowner shall make such easements, covenants and other arrangements as may be determined by the planning commission to be reasonably required to assure performance in accordance with the plan and to protect the public interest in the event of abandonment of such plan before completion.

(10)

The uniqueness of each proposal for a planned unit residential zone may require waiver from the specifications established in chapter 90. The planning commission may, therefore, within the limits specified, waive or modify the specifications otherwise applicable for a particular public facility where the planning commission finds that such specifications are not required in the interests of the residents of the planned unit residential zone and that the modifications of such specifications are not inconsistent with the interests of the entire city. No such modifications shall be made without prior approval of the city council. Any such modifications must be stated in the plan.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(F))

(a)

Application for planned unit residential zone. To zone property as provided for in this article, the applicant must complete all of the steps in the following process:

(1)

Preapplication conference. Prior to the formal application for a planned unit residential zoning change, the applicant shall discuss with the city manager the elements of the proposed planned unit development, including, but not limited to:

a.

The project location.

b.

The project size.

c.

The project's intended land use.

d.

The variation from normal zoning provisions needed to implement the plan.

e.

The relationship of the proposed project to existing adjacent development.

f.

The proposed document concerning ownership and maintenance of the common areas. Such document shall provide at a minimum a trust instrument or equivalent device that shall establish an institution other than the city to assure maintenance of the common areas in case of financial or other emergency.

The purpose of the preapplication conference is to clarify for the applicant, the city's policies regarding planned unit development and for the city to provide an informal nonbinding opinion on the acceptability of the proposal.

(b)

Preliminary plan. To receive preliminary approval of a request for planned unit residential zoning, the applicant shall submit the following:

(1)

A preliminary plan including:

a.

A location diagram at a convenient scale.

b.

A land use plan at a scale of one (1) inch equals one hundred (100) feet, illustrating the boundaries of the proposed tract, any existing land uses on proposed tract, any interesting or unusual existing features of the tract, including, but not necessarily limited to, topography, vegetation or flooding, and adjacent existing land uses to a distance of two hundred (200) feet. This land use of plan shall also illustrate existing zoning on and within two hundred (200) feet of the proposed development.

(2)

Two (2) copies of a plan of the proposed development at a scale of one (1) inch equals one hundred (100) feet, illustrating all of the elements of the proposal, including, but not limited to:

a.

Land uses and drainage.

b.

Circulation and parking.

c.

Common area(s).

(3)

A staging plan, if appropriate to the proposal.

(4)

The variation from normal zoning provisions needed to implement the plan.

(5)

Sketches and/or elevation drawings illustrating visually the general features of the proposed plan.

(6)

A written statement outlining the applicant's views on the relationship of the proposal to any existing adjacent development, and the landowner's reasons why, in his opinion, the planned unit residential zone would be in the public interest and would be consistent with the city's statement of objectives for planned unit residential zone and with the specific criteria, if any, theretofore published by the planning commission.

(7)

The proposed document concerning ownership and maintenance of the common areas. Such document shall provide at a minimum a trust instrument or equivalent device that shall establish an institution other than the city to assure maintenance of the common areas in case of financial or other emergency.

(8)

One (1) copy for every application for tentative approval received by the secretary shall be promptly delivered to the planning commission for its review. As part of its review the planning commission shall consult to the extent it deems necessary with the fire, health, building and other departments of the city concerning such application.

(9)

Nothing contained in this section shall be deemed to forbid or discourage informal consultations between the landowner and the city staff prior to the filing of an application for a tentative approval, provided no statement or representation by a member of the staff shall be binding upon the planning commission.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(G))

The planning commission and the city council shall hold a joint public hearing on each proposed planned residential development, as specified in section 110-6, and all the requirements of section 110-6 must be met. Applicant should return to the planning commission if the commission requires changes of the preliminary or final plan.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(H))

(a)

Final plan. To complete the zoning process, the applicant for a planned residential development shall, as soon as possible following action on the preliminary plan, submit the following for review and approval:

(1)

Two (2) copies of a plan of the proposed development at a scale of one (1) inch equals one hundred (100) feet illustrating all of the elements of the proposal and reflecting all elements and changes required by the planning commission during the preliminary plan review process. Such changes shall be reviewed and approved by the planning commission. All of the requirements of the preliminary plan shall also be requirements of the final plan.

(2)

Two (2) copies of staging plan, if appropriate to the proposal, reflecting all changes required by the planning commission during the preliminary plan review process.

(3)

A specific listing of variations required in chapter 90.

(4)

Two (2) copies of a legal instrument or instruments setting forth a plan or method of permanent care and maintenance of open spaces, recreational areas and other commonly owned properties including the legal instrument required by section 110-138(b)(7).

The city council shall notify the applicant of their approval or disapproval. This approval shall constitute the final step in the process and when received, the zoning shall be changed.

(b)

Subdivision plat. Review of the preliminary plan and the final plan may, at the option of the applicant, be undertaken simultaneously with subdivision plat review; provided, however, that all requirements of this section and those of chapter 90 shall be met.

(c)

Recording of the approved plan. Two (2) copies of the final approved plan shall be marked approved, dated, signed by the planning commission and submitted to the city manager for use in subdivision platting and/or issuing building permits.

(d)

Changes in the plan. Following favorable action by the planning commission, minor alterations to the plan that do not affect platting, the general character or overall design of the plan may be approved by the city manager and city engineer. Any other alterations shall be resubmitted for review by the planning commission.

(Ord. No. 80-734, § 2, 3-3-80; Code 1958, § 25-22(I))