The provisions of this article are intended for application in instances where tracts of land of considerable size are developed, redeveloped or renewed as integrated and harmonious units, and where the overall design of such units warrants modification of the standards contained elsewhere in this chapter. To be eligible under this article, the PUD Planned Unit Development must:

(1)

Reflect compatibility with the comprehensive plan.

(2)

Be composed of such uses and in such proportions as are appropriate to the integrated function of the development within the context of established community growth patterns.

(3)

Be so designed in its space allocation, orientation, texture, materials, landscaping and other features as to produce an environment of stable and desirable character, complementing the design and values of adjacent areas of the community.

(Ord. No. 4272, § 1(22-15.01), 4-7-2003)

The PUD Planned Unit Development District is intended to provide for land development consistent with the intent and purpose of this chapter, the subdivision regulations, and the comprehensive plan. No land or building shall be designed or used for other than one of the uses in section 50-330.

(Ord. No. 4272, § 1(22-15.02), 4-7-2003)

The following uses are permitted in the PUD Planned Unit Development District:

(1)

All private institutional facilities and public uses.

(2)

All residential units permitted by right or exception in any residential district.

(3)

Commercial and office use.

(Ord. No. 4272, § 1(22-15.03), 4-7-2003)

The minimum area of a tract of land to be zoned as a PUD within a parent district shall be three acres. The gross density of the PUD may not exceed 15 dwelling units per acre.

(Ord. No. 4272, § 1(22-15.04), 4-7-2003)

No building shall exceed 45 feet in height.

(Ord. No. 4272, § 1(22-15.05), 4-7-2003)

Except as may otherwise be permitted, the following shall be the minimum setback requirements:

(1)

Front.

a.

The planned development tract shall have a front yard of not less than 25 feet, except as required for arterial and collector streets in article XXV of this chapter.

b.

Where the planned development tract has double frontage, the required front yard shall be provided on both streets or roads.

c.

Where a planned development tract is located at the intersection of two or more streets or roads, there shall be a front yard on each street side of the corner lot. No accessory building shall project beyond the front yard line on either street or road.

(2)

Side. Except as may be required in article XXV in this chapter there shall be a side yard having a width of not less than 15 feet on each side of the planned development tract.

(3)

Rear. The planned development tract shall have a rear yard having a depth of not less than 25 feet.

(4)

Interior structures. The minimum separation for individual structures within the PUD Planned Unit Development District shall be not less than the average height of the highest structural projection of adjacent buildings.

(Ord. No. 4272, § 1(22-15.06), 4-7-2003)

Interior lots and general development of the tract may vary according to several site design practices as influenced by existing topography. In general, the following guidelines shall apply:

(1)

Every single-family structure shall have access to a public street, or if group or courtyard parking is used, each unit shall be provided with an easement. If a public street is not provided in the PUD, a private street shall be under the control of a homeowners or development association.

(2)

All open spaces shall be protected by fully recorded covenants running with the land.

(3)

The street layout for internal roads and connections to county or township roads shall be submitted in the form of road engineering plans.

(4)

The developer shall provide central water and sewerage facilities for the PUD. These shall be submitted as approved written agreements.

(5)

Each PUD shall form an association to provide for maintenance of common open space facilities and any areas that are to be held in common by the residents or occupants. All such areas shall be clearly marked on the development plan.

(6)

If the association created for maintaining open space and other common facilities fails to operate and keep open areas, facilities, or roads in a reasonable condition, the governing body shall assess a tax or create a benefit district and perform the proper maintenance.

(Ord. No. 4272, § 1(22-15.07), 4-7-2003)

(a)

When a property owner or developer intends to develop a tract of land containing at least the minimum area and involving more than two commercial establishments, or in the case of a residential area, more than two dwelling units, an application may be made for zoning the property as a PUD.

(b)

The zoning change, if approved, shall be an amendment to the official zoning map.

(c)

An applicant for a change in zoning to a PUD must satisfy the planning commission and the governing body that he has the ability to carry out the proposed plan and shall prepare and submit a schedule for construction.

(d)

Such applicant also shall prepare and submit a preliminary development plan for review and approval by the planning commission and the governing body that shall include:

(1)

A topographic map showing contours at intervals of two feet.

(2)

A plot plan showing:

a.

Building and sign structure locations on the tract.

b.

Access to streets.

c.

Parking arrangement and number of spaces.

d.

Interior drives and service areas.

e.

Area reserved for public open space.

(3)

Location map showing the development and zoning of the adjacent property within 200 feet, including the location and the types of buildings and structures thereon and the current ownership thereof.

(4)

The full legal description of the boundaries of the properties to be included in the area to be zoned a PUD.

(5)

A map showing the general arrangement of streets within an area of 200 feet from the boundaries of the area to be zoned a PUD.

(6)

A map showing location of proposed sewer, water and other utility lines.

(7)

A description of general character of proposed buildings and any signs to be placed on the site.

(8)

A construction schedule.

(e)

The applicant may further be asked to furnish other information, such as typical building floor plans, building elevations to show the general architectural character of the buildings, some indications as to size and type of landscape plant materials, pavements and other major site improvements.

(f)

The applicant may be asked to submit the tentative financial plan and description of the intended means of financing any proposed common areas of common improvements and statements covering ownership and maintenance of common easements or other common areas, such as open space or recreational facilities.

(g)

Within 60 days after the filing of a preliminary application, a public hearing shall be held after proper notice before the planning commission.

(h)

Following the hearing, but within 60 days, the planning commission may grant approval, modify or disapprove the preliminary plan.

(i)

If the preliminary plan is disapproved, the planning commission shall set forth their reasons in writing to the applicant.

(j)

Upon approval of the preliminary development plan by the planning commission, the applicant shall prepare and submit a final development plan that shall incorporate any changes or alterations requested. Alterations in the preliminary schedule of construction shall be submitted at this time. The final development plan and the planning commission's recommendations shall be forwarded to the city council for their review and final action.

(k)

All plans and documents shall become a part of the amendment and shall form the basis for issuance of a zoning permit in conformity therewith.

(l)

Changes in the development plan which increase the number of dwelling units or establishments, change the arrangement of buildings, increase the number of parking stalls, increase in the size or number of other improvements or change the alignment of driveways or roadways shall require a resubmission for approval of the application for rezoning. The zoning administrator may approve any minor changes, adjustments or a decrease in the number of dwelling units, common facilities and recreation facilities without resubmission.

(m)

Upon approval of the final plan, the governing body shall specify the stages of the PUD, if any, and the number of building permits to be issued for each stage. The governing body shall also place on the record all agreements for performance, covenants and restrictions.

(n)

In the event that, within 18 months following approval by the city council, the applicant has not proceeded with construction in accordance with the plan so approved, the planning commission shall initiate action to rezone the property to the original zoning district. A public hearing, as required by law, shall be advertised and held at which time the applicant shall be given an opportunity to show why construction has been delayed. Following the hearing, the planning commission shall make findings of fact and shall make a recommendation to the city council.

(Ord. No. 4272, § 1(22-15.08), 4-7-2003)