The Municipal officials concerned with property development shall take into account that it is increasingly difficult to forecast the various conditions and factors that may be encountered in sizable developments, and that certain latitude, flexibility and freedom in the execution of the design and layout of a project should be suggested or otherwise permitted by the Municipality so as to encourage the developer to adjust streets to irregular topography; to take advantage of topography in order to utilize the natural surface drainage; to economize in the construction of sewers and storm drainage facilities; to reduce the amount of grading and thus minimize destruction of trees and topsoil; to adjust the layout to geographical and cultural limitations, such as property ownership lines; and, among other things, to create architectural variation in the development as well as attractive and usable buildings and building sites. Further, such developments shall be designed so as to enhance the community in general by providing amenities which are unique to the community.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   Planned unit developments may be residential, commercial or industrial developments, or they may be combinations of uses, such as residential and commercial, or commercial and industrial. The minimum site area for a residential development shall be twenty acres; for a commercial development, five acres; and for an industrial development, thirty acres. If a combination of uses is proposed, a residential-commercial development shall have a minimum of thirty acres, and a commercial-industrial development shall have a minimum of forty acres. In combination developments, the amount of land devoted to commercial usage shall not exceed twelve and one-half percent of the total land area of the development.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   A development plan shall be submitted to Council and shall be referred to the Planning Commission for study and report and for public hearings. Notice and publication of such public hearings shall conform to the procedures prescribed in Chapter 1166 for hearings on changes and amendments to this Zoning Code.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   In order for the Planning Commission to better determine that a planned unit development meets all requirements, the developer shall furnish a preliminary plan for the entire tract showing topography, roads, lot lines, lot areas, easements, encumbrances and other relevant data. The plan shall include the location of existing structures, areas of shrubs and/or trees of ten-inch diameter or more, existing contours and the proposed grading plan.

   (b)   Upon determination by the Commission that the proposed planned unit development project as shown by the preliminary plan conforms to the requirements of all applicable provisions of this Zoning Code, the proponent shall prepare and submit a final development plan, and such plan shall incorporate any changes or modifications required by the Commission.

   (c)   Upon approval by the Commission, the plans shall be submitted to Council for consideration and action. The approval and recommendations of the Commission shall be based on the following general conditions:

      (1)   The plan is consistent with the intent and purpose of this Zoning Code to promote public health, safety, morals and general welfare.

      (2)   The use of the land shall be similar to the uses permitted in the district to which such plan pertains.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   Following a public hearing, Council may modify the plan, consistent with the intent and meaning of this Zoning Code, and may rezone the property to the classification permitting the proposal, for development in substantial conformity with the final plan as approved by Council.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   After the final development plan has been approved by Council, and in carrying out this plan, adjustment or rearrangements of buildings, parking areas, entrances, heights or yards may be requested by the proponents, and provided that such requests conform to the standards established by the final development plan and this Zoning Code, such adjustments or rearrangements may be authorized by the Planning Commission.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   Planned unit developments shall be encouraged, but they shall conform to the regulations of this Zoning Code. In the event of a conflict between any of the provisions of this chapter and any other provision of this Zoning Code, the provision of this chapter shall control.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   In “R” Districts, a planned unit development may be permitted as follows:

   (a)   The lot area per family may be reduced, but such reduction shall not exceed twenty percent of the area required in Section 1118.01.

   (b)   Sixty percent of the lot area reduction, or not less than ten percent of the total project area, shall be devoted to open space and recreational facilities for the residents of the area being developed. Such open space land or recreational facilities shall be held in corporate ownership by the owners of the project area building sites, and the developer shall incorporate into the protective covenants and/or deed restrictions a clause giving an interest in such land to each owner who buys property within the development. As an alternative to a property owners’ association, the developer may deed the land to a public agency, which shall maintain the open space in lieu of a property owners’ association.

   (c)   In no case shall the density of families per net residential acre be greater than twelve percent more than that which would be permitted in “A” or “R” Districts under the requirements of Section 1178.01.

   (d)   The lot width and required yards may be reduced by not more than a ten percent reduction of the requirements of Section 1178.01.

   (e)   The design of single and two-family residential structures to be erected in a planned unit development shall be so varied in placement of windows, entranceways, roof design, coloring and height that no structure shall be closer than five lots to another structure substantially similar in design. The lot width may be varied due to the variety of structural designs, and it is recommended that setbacks be varied, but in no case shall a structure be closer to the street than is permitted by the front yard requirements as modified in this section. If lot widths for single or two-family residential lots are varied by the developer, he or she shall enter into an agreement with the County that the property owners within a planned unit development of this nature shall be assessed equally for any improvements which may be by assessment, rather than by a front-footage basis.

   (f)   Every property shall be designed to abut upon the open space or recreation facilities required by division (b) hereof.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   In "B" Districts, a planned unit development may be permitted in accordance with the provisions of this section if the Planning Commission is satisfied that:

      (1)   The proponents of the development are financially able to carry out the proposed project;

      (2)   They intend to start construction within one year of the approval of the project and necessary change in zoning;

      (3)   They intend to complete it within a reasonable time as determined by the Commission; and

      (4)   The need for the proposed development has been demonstrated by means of market studies and such other evidence as the Commission may require.

   (b)   Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. In planning these groups of buildings or establishments, no yard space will be required between uses within the groups. However, the yard requirements must be observed at the edge of the complete development. Planting screens or fences as provided elsewhere in this Zoning Code shall be required.

   (c)   Off-street parking and loading requirements shall be observed as required. Group parking facilities shall provide spaces equal to the number of spaces required for each use to be developed.

   (d)   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining and surrounding, existing or potential, developments.

   (e)   The ground area occupied by all the buildings shall not exceed in the aggregate twenty-four percent of the total area of the lot or tract.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   In “M” Districts, a planned unit development may be permitted as follows:

   (a)   Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping or groupings in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area so that the thoroughfares which are constructed may be built to the highest possible standards.

   (b)   Certain types of commercial uses, such as a restaurant, central secretarial or stenographic pool, or other business service type uses, repair services, or clinics, may form a small commercial center in a planned industrial area to serve the needs of the industries or their personnel.

   (c)   Off-street parking and loading areas shall conform to the provisions of this Zoning Code and all screening requirements shall be observed.

   (d)   No building shall be less than seventy-five feet from any boundary of the tract on which the office, research or industrial development is located. All intervening spaces between the street pavement and the right-of-way line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)