Lewiston City Zoning Code
PLANNED UNIT
DEVELOPMENTS
§ 152.050 PURPOSE.
The purposes of this section are to:
(A) Encourage a more creative and efficient development of land and its improvements than is possible under the more restrictive application of zoning requirements such as lot sizes and building setbacks, while at the same time meeting the standards and purposes of the Comprehensive Plan and preserving the health, safety and welfare of the citizens;
(B) Allow for a mixture of residential units in an integrated and well-planned area; and
(C) Ensure concentration of open space into more useable areas, and the preservation of the natural resources of the site including wetlands, woodland, steep slopes and scenic areas.
(Prior Code, § 905.01)
§ 152.051 PERMITTED USES.
Dwelling units in detached, clustered, semi-detached, attached or multi-storied structures or combination thereof shall be permitted.
(Prior Code, § 905.02)
§ 152.052 GENERAL REQUIREMENTS.
A conditional use permit shall be required of all planned unit developments. The city may approve the planned unit development only if it finds that the development satisfies all the following standards in addition to meeting the general use requirements for the district in which it is located:
(A) The planned unit development is consistent with the Comprehensive Plan of the city;
(B) The planned unit development is an effective and unified treatment of the development possibilities in the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain and similar areas;
(C) The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site;’
(D) Financing is available to the applicant on conditions and in an amount which is sufficient to assure completion of the planned unit development;
(E) A minimum of five or more principal structures are proposed;
(F) The tract under consideration is under single control; and
(G) The tract is at least two acres in size.
(Prior Code, § 905.03)
§ 152.053 COORDINATION WITH SUBDIVISION REGULATIONS.
(A) It is the intent of this chapter that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned development under this section.
(B) The plans required under this section must be submitted in a form which will satisfy the requirements of the subdivision regulations for the preliminary and final plans required under this chapter.
(Prior Code, § 905.04)
§ 152.054 PRE-APPLICATION MEETING.
Prior to the submission of any plan to the Planning and Zoning Commission, the applicant shall meet with the Zoning Administrator, and if necessary, with the Planning and Zoning Commission to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to avail himself or herself of the advice and assistance of the planning staff to facilitate the review of the outline plan and preliminary plat.
(Prior Code, § 905.05)
§ 152.055 PRELIMINARY DEVELOPMENT PLAN.
(A) An applicant shall make an application for a conditional use permit following the procedural steps as set forth in § 152.037.
(B) In addition to the criteria and standards set forth in § 152.037 for granting of the conditional use permits, the following additional findings shall be made before the approval of the outline development plan:
(1) The proposed planned unit development is in conformance with the Comprehensive Plan;
(2) The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses;
(3) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition and arrangement that its construction, marketing and operation of dwelling units and common open space are balanced and coordinated;
(4) The planned unit development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which are proposed to serve the district; and
(5) The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.
(C) Preliminary development plan documentation. The following exhibits shall be submitted to the Zoning Administrator by the proposed developer as part of the application of a conditional use permit:
(1) An explanation of the character and need for the planned development and the manner in which it has been planned to take advantage of the planned development regulations;
(2) A statement of proposed financing of the planned unit development;
(3) A statement of the present ownership of all the land included within the planned development and a list of property owners within 350 feet of the outer boundaries of the property;
(4) A general indication of the expected schedule of development including sequential phasing and time schedules;
(5) A map giving the legal description of the property including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easement, street rights-of-way, utilities and buildings for the property, and for the area 350 feet beyond;
(6) Natural features map or maps of the property and area 350 feet beyond showing contour lines at no more than two-foot intervals, drainage patterns, wetlands, vegetation, soil and subsoil condition;
(7) A map indicating proposed land uses including housing units and types, vehicular and pedestrian circulation, and open space uses; and
(8) Full description as to how all necessary governmental services will be provided to the development including sanitary sewers, storm sewers, water system, streets and other public utilities.
(D) Preliminary plat. The applicant shall also submit a preliminary plat and all the necessary documentation as required under the subdivision regulations of all or that portion of the project to be platted. For purposes of administrative simplification, the public hearings required for the conditional use permit and preliminary plat may be combined into one hearing or may be held concurrently.
(Prior Code, § 905.06)
§ 152.056 FINAL DEVELOPMENT PLAN.
(A) Within 90 days following the approval of the preliminary development plan with recommended modifications, if any, and the preliminary plat, the applicant shall file with the Zoning Administrator a final development plan containing in final form the information required in the preliminary development plan plus any changes recommended by the Planning and Zoning Commission and the Council as a result of the public hearing. The applicant shall also submit a final plat for all or that portion to be platted.
(B) The Zoning Administrator shall submit a final development plan and the final plat to the Planning and Zoning Commission and other applicable agencies for review.
(C) The final development plan and the final plat shall conform to the preliminary development plan and preliminary plat plus any recommended changes by the Planning and Zoning Commission or the Council to the general development plan and preliminary plat.
(D) If the final development plan is approved by the Council, the Zoning Administrator shall issue a conditional use permit to the applicant.
(Prior Code, § 905.07)
§ 152.057 ENFORCING DEVELOPMENT SCHEDULE.
The construction and provisions of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development plan, the Zoning Administrator shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. If he or she shall find that the rate of construction of dwelling units is faster than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he or she shall forward this information to the Council, which may revoke the conditional use permit. If the developer or landowners fail to complete the open spaces and recreation areas within 60 days after the completion of the reminder of the project, the city may finish the open space areas and assess the cost back to the developer or landowner.
(Prior Code, § 905.08)
§ 152.058 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE.
(A) All land shown on the final development plan as common open space must be conveyed under one of the following methods at the option of the city:
(1) It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it; or
(2) It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open spaces must be conveyed to the trustees subject to covenants to be approved by the Council which restrict common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
(B) If the common open space is conveyed to a homeowner’s association, and the common open space is not maintained properly to standards established by the city, the city shall have the authority to maintain the property and assess the costs back to the homeowner’s association.
(Prior Code, § 905.09)
§ 152.059 STANDARDS FOR COMMON OR PUBLIC OPEN SPACES.
No open area may be accepted as common open space under the provisions of this chapter unless it meets the following standard.
(A) The location, shape, size and character of the common open space must be suitable for the planned development.
(B) Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.
(C) Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open spaces must be appropriate to the uses which are authorized for the common open spaces and must converse and enhance the amenities of the common open space having regarding to its topography and unimproved condition.
(Prior Code, § 905.10)
§ 152.060 PLANNED UNIT DEVELOPMENT REVIEW AND AMENDMENTS.
(A) Annual review. The Zoning Administrator and Planning and Zoning Commission shall review all planned unit development ’s within the city at least once each year and shall make a report to the Council on the status of the development in each of the planned unit development districts. If the Council finds that the development has not occurred within a reasonable time after the original approval of the conditional use for the planned unit development, the Planning and Zoning Commission may recommend that the city revoke the conditional use permit as set forth in § 152.037.
(B) Revision to the planned unit development.
(1) Minor changes in the location, placement and heights of buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved.
(2) Approval of the Planning and Zoning Commission and the Council shall be required for other minor changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan.
(C) Amendments to the planned unit development. Any amendment to the planned unit development shall require the same procedures as an application for a conditional use permit as set forth in § 152.037.
(Prior Code, § 905.11)