The purpose of the planned unit development (PUD) is to promote maximum flexibility and innovation in development design and land utilization through the relaxation of zoning and subdivision regulations; to encourage developers to use a more creative approach in land development; to provide a means for the economical and efficient supply of street improvements and public utilities required in residential development; to conserve natural features; and to facilitate the provision of more desirable, aesthetic and efficient use of open space. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

For the purpose of this chapter, the following definitions apply:

COMMON OPEN SPACE: A parcel or parcels of land, or an area of water, or a combination of land and water within a planned unit development designated and intended for the use or enjoyment of residents of the development. Common open spaces may contain complementary structures and improvements necessary and appropriate for the benefit and enjoyment of occupants of the development.

HOMES ASSOCIATION: Refers to an incorporated, nonprofit organization operating under recorded land agreements through which: a) each lot owner in the planned unit development is automatically a member, b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and c) common open space and facilities are maintained.

PLANNED UNIT DEVELOPMENT (PUD): Indicates a land development project consisting of residential and/or commercial, which comprises a blend of land uses built in a prearranged relationship to each other and which provides for the development of usable and desirable open space, central sewer and water facilities, and community facilities while providing for the preservation of significant historical and natural features of the land. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The following uses are permitted:

Commercial development in a residential PUD shall be subject to the following criteria:

   (A)   The residential development within the PUD shall constitute the primary market for the commercial uses within the PUD. Not more than fifty percent (50%) of the market required to support the commercial uses proposed shall be located outside the PUD; however, in cases where a market analysis clearly demonstrates that existing and planned commercial uses are inadequate to serve the needs of residents of the surrounding area, more than fifty percent (50%) of the market justifying such commercial uses may be allowed outside the area surrounding the PUD. In all cases, burden of support for such commercial development is that of the developer.

   (B)   Adequate buffers and/or landscaping and a specific proposal for signing controls shall be provided in the preliminary site plan to assure that the basic residential character of the living environment is retained. The design, materials, lighting and scale of all signs shall be subdued, noncommercial in character, and wholly compatible with the residential qualities of the area.

   (C)   Any commercial development proposed shall be located in a single location separated from the residential portion of the PUD to the greatest extent feasible.

   (D)   Vehicular traffic patterns designed to service any proposed commercial development shall be separate from any vehicular traffic patterns designed to service the residential portion of the PUD.

   (E)   Residential construction shall be a major portion of the first phase of development. Completion of commercial development shall not precede completion of residential units.

Office uses may be allowed in residential PUDs; provided, that no more than twenty percent (20%) of the gross area of the PUD is to be used for offices. Office development in a residential PUD shall be subject to the following criteria:

   (A)   Adequate buffers and/or landscaping and a specific proposal for signing controls shall be provided in the preliminary site plan to assure that the basic residential character of the living environment is retained.

   (B)   Any office development proposed shall be located in a single location separated from the residential portion of the PUD to the greatest extent feasible.

   (C)   Vehicular traffic patterns designed to service any proposed office development shall be separate from any vehicular traffic patterns designed to service the residential portion of the PUD.

Residential uses may be allowed in commercial PUDs.

Residential uses not permitted in the particular zoning district(s) of the proposed PUD may be allowed if integrated into the plan and development of the PUD.

Uses allowed in the particular zoning district(s) of the proposed development may be allowed if integrated into the plan and development of the PUD. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The following development criteria set out in sections 11-11-5 through 11-11-23 of this chapter apply in the PUD. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The PUD shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property from adverse surrounding influences as well as protection of the surrounding area from potentially adverse influences within the development. In addition, the PUD shall relate harmoniously to the topography of the site; make suitable provision for conservation of water courses, wooded areas, rough terrain and similar natural features and areas; and shall otherwise be designed to use such natural features and amenities to best advantage. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

A PUD may be located in any residential or commercial district. PUDs are conditional uses. The developer of the PUD must demonstrate that the development will meet the intent of section 11-11-1 of this chapter. The PUD shall not create undue detrimental effects in the district in which it is located in terms of environmental and/or community impact. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

No minimum site size shall be required; provided, that the development satisfies the intent and definitions of this chapter and where the development meets all other criteria of this chapter and all other pertinent ordinances, regulations and laws. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The maximum number of living units per acre of the total surface of the subject lands shall be:

 

 

Density of commercial uses shall be reviewed relative to the overall site development plan. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Character, design excellence, architectural style variation, innovative open space utilization, the provision of recreational facilities, etc., may be considered cause for density increases up to a maximum of thirty five percent (35%) according to the provisions listed below. The degree of distinctiveness and desirable variations shall govern the amount of density increase which the city commission may approve. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

      1.   Siting, including visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern and physical environment.

      2.   Landscaping, including streetscape, open spaces, recreation areas, plazas, use of existing landscape, pedestrianway treatment and waterscaping.

      3.   Design features, including architectural styles, harmonious use of materials, parking areas broken by landscape features, and varied use of housing types.

      4.   Recreational facilities, including swimming pools, tennis courts, improved parks featuring picnic tables, benches, ball fields, playgrounds, high quality bike and pedestrian path systems, etc. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (B)   If the city commission finds that any of the following conditions would be created by an increase in density, it may limit the density increase by an amount sufficient to avoid the following conditions: (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

      1.   Inconvenient or unsafe access to the development.

      2.   Traffic congestion in streets adjoining the development.

      3.   An excessive burden imposed on parks, recreational areas, schools and other public facilities which serve or are proposed to serve the development.

      4.   A compromise in the intent of a PUD as stated in section 11-11-1 of this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

No building shall be located closer than five feet (5') to any interior pedestrianway, court, plaza, open parking lot, or any other surface area reserved for public use in common by residents of the PUD residential/commercial building placement setbacks shall be comparable to the zoning district in which the PUD is located. Such setbacks shall be measured from the nearest edge of a surfaced area; however, where no sidewalk exists, setbacks shall be measured from the nearest edge of the street right of way or private road easement. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Minimum yard requirements shall be governed by applicable zoning district setback requirements; provided, that minimum side yards of contiguous buildings shall be a minimum of five feet (5') plus three feet (3') for each additional story over one story. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

All buildings and structures shall conform to the height regulations of the zone in which the PUD is located; however, the city commission may approve buildings and structures with greater height when such additional height would not have an adverse effect on adjacent properties or on properties or developments in the vicinity. No additional height shall be approved within one hundred feet (100') of any external boundary of the PUD adjacent to the land in any residential zone. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

PUD condominiums may have one off street parking space located within a driveway; provided, the following requirements are met:

   (A)   The driveway must be served by a garage or covered carport.

   (B)   No more than four (4) garages or carports utilizing this stacking arrangement may appear in a series without a distinct separation in buildings and installation of a landscaping island.

   (C)   The garages or carports must be individually marked with a permanently affixed sign indicating the residential unit the stalls are intended to serve.

   (D)   The visitor parking stalls shall be located near the ingress and egress points of the development and shall be so marked with permanently affixed signs reserving them for "visitor parking".

   (E)   The property owners' association must provide protective covenants containing adequate wording which will reserve the individual parking stalls for the exclusive use of the residential unit they have been designated to serve. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Required open space shall comprise at least thirty percent (30%) of a total area of a PUD. Fifty percent (50%) of the required open space shall be of common ownership. Land occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying this open space requirement. Land occupied by recreational buildings and structures may be counted as required open space.

   (B)   If the development is to be accomplished in phases, a phased development schedule shall coordinate development of the open space, the construction of the buildings, structures, and improvements in such open space, and the construction of dwelling units in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned unit development. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

When common property exists, i.e., open space and recreational facilities, the ownership of such common property may be either public or private. Satisfactory arrangements, as described in the Lewistown subdivision regulations, shall be made with the city commission for the improvement, development, operation and maintenance of such common property and facilities including private streets, driveways, service and parking areas and recreational open space areas. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (A)   The right of way and pavement widths for internal ways, roads and alleys serving all residential and nonresidential buildings shall be determined from sound planning and engineering standards and shall be certified by a licensed engineer or architect under the laws of the state. Internal public road rights of way shall not be less than sixty feet (60') in width. In any event, all roads, public or private, shall meet minimum right of way widths and pavement widths as required for the city, with the following exceptions. Minor private streets which are improved in accordance with specifications of the city shall not be required to reserve right of way in excess of roadway width. The roadway width as measured from back of curb to back of curb may be:

      1.   Minor streets with no parking: Twenty feet (20') wide.

      2.   Minor streets with guest parking on one side: Twenty eight feet (28') wide.

      3.   Minor streets with guest parking on both sides: Thirty four feet (34') wide.

   (B)   Dedicated streets shall be subject to all requirements in the Lewistown zoning title and the Lewistown subdivision regulations.

   (C)   Dwelling areas shall only have limited access to major traffic arteries, both internal and external. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

All new utility lines and all new off site service utility lines necessary to serve the development shall be installed underground. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Light fixtures for walks, parking areas, driveways, and other facilities shall be developed in sufficient number and at proper location to assure safe and convenient nighttime use. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

A common central radio and television antenna shall be provided with underground cable service to at least all buildings containing dwelling units. No other exterior radio or television antennas shall be permitted. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Interior street, building and other signs shall be uniform in design and reflect good taste in style and size. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Fire hydrants and connections shall be installed as required by the chief of the local fire district and shall be of a type approved by the city commission within its municipal jurisdiction. Installation shall be part of the overall improvements agreement for the development. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

Any building located more than one hundred feet (100') from a public or private street or other vehicular way shall have pedestrian access thereto capable of accommodating emergency and service vehicles. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The developer is encouraged to obtain a trained and experienced land planner, registered civil engineer, licensed land surveyor, registered architect and/or landscape architect to prepare plans for all planned unit development in order to facilitate the most expeditious processing of such plan. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Modification of the development criteria in sections 11-11-4 through 11-11-23 of this chapter may be granted by the city commission when it has been determined that such modification is necessary to accommodate special circumstances related to the location or implementation of the project and to promote the public health, safety and welfare. Any modification granted shall be fully documented, recorded and presented at the public hearing. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (A)   Each application shall be in writing on a form provided by the Lewistown zoning commission. In addition to the completed application form and fees as outlined in the most recent city commission resolution, ten (10) prints with one reproducible tracing of the items listed below are required for scheduling a planned unit development proposal before the Lewistown zoning commission and city commission. Prior to preparing material for filing, the applicant should contact the zoning coordinator to make precise determinations as to the content and preparation of material for filing. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (B)   The application and exhibits attached thereto shall contain the following information:

      1.   Applicant Information: The name and address of the applicant.

      2.   Legal Description: A legal description of the subject land. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

      3.   Map: A map which shall meet all of the requirements as to form and content of a preliminary subdivision plat plan required under the provisions of the adopted Lewistown subdivision regulations (available for review at the office of the clerk of the city commission and the planning department). (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

      4.   Site Plan: On a twenty four inch by thirty six inch (24" x 36") sheet, a detailed development plan which shall delineate the exact location and dimensions of the following:

         (a)   All portions which will be occupied by buildings.

         (b)   All public and private streets, utility easements, public and private easements of any kind, and area to be dedicated for public use or conveyed to the city or county.

         (c)   All portions which are to be divided into separate ownership.

         (d)   All portions which are to be owned in common by all of the owners of parts divided into separate ownership.

      5.   Elevations: On a twenty four inch by thirty six inch (24" x 36") sheet, information showing elevation(s) of the building(s) proposed (including accessory structures) and materials indicated (colors as appropriate).

      6.   Floor Plans: On a twenty four inch by thirty six inch (24" x 36") sheet, information showing the various use areas within the building(s) and the location of doors and windows.

      7.   Conceptual Landscape Plan: On a twenty four inch by thirty six inch (24" x 36") sheet, information indicating areas to be landscaped; tree clusters, shrubs and hedges (noting common name and size); special elements (interest areas, water, paving, texture, etc.); and general traffic circulation system.

      8.   Exterior Lighting System: On a twenty four inch by thirty six inch (24" x 36") sheet, information showing type of fixture proposed (perspective or elevation drawing) with general location indicated on the site plan.

      9.   Use Allocation And Density Distribution Tables: On the site plan sheet, information indicating the net and gross (centerline of abutting streets) acreage for the entire project, net acreage for major areas, and pertinent site plan facts including:

Tables showing the area expressed in square feet or acres and the percentage of land it comprises.

         (a)   Public streets and public easements.

         (b)   Private streets and private easements.

         (c)   Utility easements.

         (d)   Portions of the subject land to be divided into separate ownership.

         (e)   Portions of the subject land in common ownership.

         (f)   Land which will be covered by buildings.

         (g)   Land which will not be occupied by buildings.

         (h)   Total number of living units within the subject land, showing the total number of living units per acre.

         (i)   Total number of off street parking spaces within the subject land.

      10.   Covenants And Other Legal Agreements (Which Regulate Areas Or Facilities Of Common Or Restricted Ownership): These may:

         (a)   Legally create automatic membership in a nonprofit homes or lots association or similar instrument.

         (b)   Place title to any common property or facility in the homes or lots association.

         (c)   Appropriately and permanently limit the uses of common property and open space.

         (d)   Give each lot or unit owner the right of use and enjoyment of any common property or facility.

         (e)   Place responsibility for operation and maintenance of the common property and facilities in the homes or lots association.

         (f)   Place an association charge on each lot or unit in a manner which will assume sufficient funds for maintenance and operation, such charge to be a lien on the property, and provide adequate safeguards for owners against undesirably high charges.

      11.   Phased Development Schedule: If phased development is anticipated, a development schedule describing the phasing for the entire PUD including all dwelling units, nondwelling structures, recreational and other facilities, utilities and open space improvements, by phase.

      12.   Engineering And Fire Data: Additional drawings and data on these subjects as appropriate.

      13.   Material Sample Board: Data illustrating the exterior building material for the proposed buildings if necessary. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

      14.   Additional Information: Applications shall contain other information the city commission may require.

   (C)   All planned unit development submittals must respond to appropriate city policies and codes; relate to specific action by the boards and city commission; and conform to the Lewistown comprehensive plan. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

Approval of a planned unit development shall be obtained through conditional use permit procedures 1 and by following the adopted subdivision regulations. When the city commission gives approval for the planned unit development, permits shall be issued only in accordance with the approved plans, stipulated conditions, development schedule, and improvements agreement. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

The approved policy statement and site plan for planned unit development shall govern all development on the site. If approval is granted for subsequent division of a planned unit development into two (2) or more parcels, the new landowner has two (2) options: a) utilizing the approved policy and plan to govern the development on each of the separate parcels or b) requesting city commission review for a compatible land use development. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

Modifications that are requested shall be handled in a similar manner to the initial application with the zoning commission, city commission and plan conditions. Minor modifications which do not increase the approved density or change the approved uses may be allowed by design review approval from the zoning coordinator and building inspector. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

The city commission may approve subdivision of a planned unit development into lots if the city commission finds that adequate provisions are enforced to ensure the perpetual maintenance of all areas and improvements proposed to be owned in common or to be maintained in common, and to ensure that additional development will conform to the approved policy and plan. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)