It is the purpose of the Planned Unit Development Overlay Zone to provide an option within the conventional zoning and development approaches and processes used by the Town of Lovell and to permit creative approaches in the utilization of land as a way of allowing a more efficient or effective land use. The Planned Unit Development (PUD) procedures and regulations set forth in this article are to allow innovations or applications of residential, retail or commercial development.

The PUD allows for opportunities to plan, design, and build housing, recreation areas, commercial enterprise or mixed use areas and accommodates changes in the methodology of land development. This may be initiated by special features of the geography, topography, size or shape of a particular property.

The PUD promotes a compatible and stable environment in harmony with land of the surrounding area or it may allow compatible but previously unpermitted use and utilization of the land.

The PUD may apply to any single development having one (1) or more principal use types on a single parcel or contiguous parcels of ground. The PUD shall consist of an acceptable selection of uses and groupings of buildings, parking areas, circulation corridors and open spaces, which shall be designed as an integrated unit.

The PUD Overlay Zone may overlap one (1) or more existing zoning districts within the Town of Lovell.

(Ord. No. 916, § 1, 5-10-2011)

Uses of right in the PUD Overlay Zone shall be as follows: any singular or combination of housing types exclusive of mobile and manufactured homes; may be considered appropriate. Any reasonable assortment of residential, retail, commercial, or industrial including open space, parks, trails, and or communal gardens can be considered. These uses or combination of uses must be deemed compatible with the surrounding properties by unanimous approval of the zoning board and passed by the town council.

(Ord. No. 916, § 1, 5-10-2011)

These general requirements and performance standards shall apply to all uses in the Planned Unit Development Overlay Zone:

A.

Ownership. The tract shall be a development of land under unified control at the time of application. The proposed development must be planned and assembled as a whole. No authorizations or permits shall be granted for such proposed development unless the applicant has acquired actual ownership of or executed a binding sales contract for all of the property comprising such tract. The term "single ownership" shall include ownership of portions of such development by two (2) or more wholly owned subsidiaries of a single owner, or by such single owner and one (1) or more of its wholly owned subsidiaries.

B.

Size. The proposed PUD shall be a minimum of two (2) acres.

C.

Conformance with Master Plan. The proposed Planned Unit Development shall be designed to meet the goals of the Town of Lovell Master Plan.

D.

Building density. An increase greater than fifty (50) percent more than the overlayed zone must be deemed appropriate for the neighborhood because of design and functional importance and must receive unanimous zoning board approval and passage by the council.

(i)

Composition: a PUD may assemble a variety of residential, retail, commercial or industrial types in any one (1) of the basic residential zoning districts if it is deemed beneficial to the land use type.

(ii)

When the PUD unit composition exceeds the density permitted by current residential zoning districts, the applicant has the burden to show that such increase in composition will not detrimentally impact the existing public facilities or neighboring property values.

(iii)

In determining the reasonableness of the increase in unit composition, the planning and zoning commission and town council shall consider maximized efficiency of public facilities and the amortized cost for public services based, in part, upon:

a.

The location, amount and proposed use of common open space;

b.

The location, design and type of dwelling units;

c.

The reduced (or overall) cost of infrastructure extension;

d.

The minimized financial impact on public services or limited public expenditures;

e.

Particular distinctiveness and excellence in siting, design, and landscaping;

f.

Dedication of more than the minimum required for public lands or open space.

E.

Front, rear and side yard building setback regulations. Residential building setbacks from all property lines which form the perimeter of the PUD or from all interior and exterior dedicated street right-of-way lines or from the paving of any private interior circulation streets shall be considered for each development and must be justified by the design and function of the use. It must be deemed appropriate and aesthetic for the circumstances, fire safety, situation and neighborhood; commercial building setbacks shall be considered in relation to the height of the building, the function of the building, the circumstances and situations appropriate for and in respect to its surroundings and the views and vistas from adjacent properties and corridors of transportation.

F.

Consistency with existing zoning district. Uses not otherwise allowed in the current zoning district may be allowed in the planned unit development overlay district if there is justification for its inclusion and appropriate design and functional considerations are proposed which allows it to be deemed acceptable to the residents and neighbors. Uses within the proposed PUD shall be deemed compatible with the adjoining properties or sufficiently well designed to allow for the integration and operation of the use without it being obtrusive or objectionable.

G.

One (1) housing type not inconsistent with intent. A PUD which only involves one (1) housing type such as all detached or all attached units shall not be considered as inconsistent with the stated purposes and objectives of this section and shall not be the sole basis for denial or approval.

H.

Architectural style, appearance. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be of primary consideration in the review stages of the planning and zoning commission and town council. The intent is to allow for diversity of style and structure without imposing the building on the neighborhood or the neighborhood on the building unless it is deemed appropriate and desirable because of size, content, and context of the development.

I.

Building permits; when issued. No building permits shall be granted for any building on land for which an application for a PUD is in the process of town review or which does not conform to the approved PUD.

J.

Staging of development.

(i)

Any PUD plan proposed to be constructed in stages shall include full details relating thereto, and the town council may approve or modify where necessary any such proposals.

(ii)

The staging shall include the time for beginning and completion of each stage. Such timing may be modified by the town on the showing of good cause by the developer.

(iii)

The land owner or developer shall make such easements, covenants, and other arrangements and shall furnish such performance bond or indemnification bonds as may be determined by the town to be reasonably required to assure performance in accordance with the plan, hasten the development, and protect the public.

K.

Streets, utilities, services and public facilities. The uniqueness of each proposal for a PUD may allow specifications and standards for streets, utilities and services to be subject to minor modifications of the specifications and standards established in this and other town ordinances governing their construction. The town may, therefore allow the modification of the specifications or standards where it is found that they are not required in the best interests of the town or neighborhood. The plans and profiles of all streets, utilities and services shall be reviewed by the town's public works director and fire district chief and must show review by any other private utilities prior to the final approval of the PUD.

All PUD's shall be served by public or community water and sewer systems.

L.

Open space provision.

(i)

At least fifty (50) percent of the total PUD area which overlays a residential zoning district shall be maintained open space. Sidewalks and rights-of-way may be included in the provision. The zoning board and Town shall approve what portion of the fifty (50) percent, if any, shall be private.

(ii)

At least ten (10) percent of the total PUD area which overlay a commercial or industrial zoning district shall be set aside for open space. Sidewalks and public rights-of-way may be included in the provision. The town shall approve what portion of the ten (10) percent, if any, shall be private.

(iii)

In no case shall less than five (5) percent of the total PUD area be dedicated for public use or no less than five (5) percent of the assessed value of the land prior to its development be paid as fee-in-lieu-of the public land dedication.

M.

Operating and maintenance requirements for PUD common facilities. In the event that certain land areas or structures are provided within the PUD for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the town to assure the continued architectural, open space, and maintenance standards are met. These common areas or structures may be placed under the ownership of one (1) of the following, depending which is more appropriate:

(i)

Open space dedicated to the public where a community-wide use would be anticipated.

(ii)

Landlord control: If the common space or structure is to be communal to the HOA residents.

(iii)

Homeowners' association provided all of the following conditions are met:

a.

The homeowners' association must be established prior to any sale.

b.

Membership must be mandatory for each owner and any successive buyer.

c.

The open space restrictions must be permanent, not for a given period of years.

d.

The association must be responsible for liability insurance and the maintenance of recreational, service, and other facilities as deemed necessary by the town.

e.

Landowners must pay their prorated share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Wyoming Statutes.

f.

The association must be able to adjust the assessment to meet changed needs.

N.

Building height and setbacks. In general, a building's setback from property adjacent to a PUD District site shall approximate its height.

O.

Landscaping. Landscaping and/or fencing shall be provided according to a plan approved by the town and shall include a detailed planting list with sizes indicated.

P.

Utilities. All utilities, including electricity and telephone, shall be installed underground.

(Ord. No. 916, § 1, 5-10-2011)

Prior to the submission of any plan to the planning and zoning commission, the applicant shall meet with the town administrator to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a conditional use permit, preliminary plat, and a general development plan. 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 town staff to facilitate the review of the general development plan and preliminary plat.

(Ord. No. 916, § 1, 5-10-2011)