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Madisonville City Zoning Code

ARTICLE XVIII

PLANNED DEVELOPMENT DISTRICT PD

Sec. 46-541. Purpose.

The Planned Development District (PD) accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
(Code 2014, § 46-541; Ord. No. 629, § 01.18.001, 12-1-2006)

Sec. 46-542. Permitted uses.

Any use permitted with the districts listed herein, or combination of uses authorized by the city council, is permitted in a Planned Development District (PD), with the exception of article XXVII of this chapter, inasmuch as the use is consistent with the following categories:
      (1)   Planned Development—Housing (PD-H). Any use permitted in the ES, SF-1, SF-2, and MF zoning districts are permitted in a PD-H development.
      (2)   Planned Development—Business (PD-B). Any use permitted in the O, R, and GB zoning districts are permitted in a PD-B development, excluding residential uses.
      (3)   Planned Development—Industrial (PD-I). Any use permitted in the CS, GI, and HI zoning district is permitted in a PD-I development, excluding adult entertainment.
      (4)   Planned Development—Mixed Use (PD-M). Any use permitted in the SF-2, MF, O, R, and GB zoning district is permitted in PD-M development.
(Code 2014, § 46-542; Ord. No. 629, § 01.18.002, 12-1-2006)

Sec. 46-543. Planned development regulations.

The planned development regulations of the Planned Development District (PD) are as follows:
      (1)   Requests for a PD designation shall be processed as a zoning request and shall follow the procedures stated in article XXXIV of this chapter unless otherwise specified in this section.
      (2)   A development plan for the proposed planned development shall be required that shows the location of the planned development and the relationship of the various land uses included in the development. The form and content of the development plan shall be in accordance with the provisions of this section.
      (3)   Development regulations for each separate PD district shall be included as part of the development plan for each PD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depths, building height, building elevations, coverage, floor area ratio, parking, access, screening, buffering, mandatory property owners' associations, and other regulations as the planning and zoning commission and the city council may deem appropriate.
      (4)   The ordinance granting a PD district shall include a statement as to the purpose and intent of the planned development granted therein.
      (5)   The PD district shall be designated as a zoning district on the city's zoning map.
(Code 2014, § 46-543; Ord. No. 629, § 01.18.003, 12-1-2006)

Sec. 46-544. Planned development criteria.

The planned development criteria of the Planned Development District (PD) are as follows:
      (1)   Each proposed development shall be reviewed to determine the compatibility of the development with surrounding land uses.
      (2)   Open space buffers shall be required to separate land uses within the planned development from land uses adjacent to the planned development unless it is determined by the planning and zoning commission that no incompatibility exists between the land uses.
      (3)   No structure, parking lot, equipment pad, or other manmade construction not approved by the city shall be placed in an open space buffer. The size and location of these buffers shall be determined by the planning and zoning commission upon review of the development plan for the proposed development.
      (4)   The minimum size of an open space buffer shall be 25 feet measured from the exterior property line. Landscaping may be required within the buffer based on the location of existing development, the type of development, topography, or other criteria established by the planning and zoning commission.
      (5)   Where structures within the planned development that exceed 35 feet in height are proposed to be erected on lots adjacent to an ES, SF-1, SF-2, MH, or RA zoning district, such structures shall be located one foot from the boundary of the open space buffer for each two feet of height over 35 feet.
      (6)   Planned developments designated as PD-B, PD-I, or PD-M shall have frontage along and access to a major arterial or major collector street on at least one side of the proposed development. Primary access through a residential area to a PD-B, PD-I, or PD-M via a local street is prohibited.
      (7)   The planning and zoning commission or the city council shall not approve a planned development if it finds that the proposed planned development:
         a.   Does not conform with applicable regulations and standards established by this chapter;
         b.   Is not compatible with existing or permitted uses on abutting sites; in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features, within the standards established by this section;
         c.   Potentially creates unfavorable effects or impacts on other existing or permitted uses on abutting sites that cannot be mitigated by the provisions of this section;
         d.   Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area;
         e.   Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts;
         f.   Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; or
         g.   Will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the planning and zoning commission.
      (8)   Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in the subdivision regulations contained in chapter 40 and the requirements of the most restrictive standard zoning district in which designated uses are permitted.
      (9)   There are no maximum height restrictions for planned developments except those noted in this section.
      (10)   The maximum housing density permitted in any planned development shall be no more than 50 dwelling units per acre.
      (11)   The granting of a PD designation shall not relieve the developer from responsibility for complying with all other applicable codes and ordinances of the city unless such relief is specified in the approved development plan.
      (12)   An owners' association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service and parking areas, common open spaces, and common recreational areas at the time the development plan is submitted. If an owners association is required, the articles of incorporation of an owners' association shall be reviewed by the city to ensure compliance with the provisions of this chapter.
(Code 2014, § 46-544; Ord. No. 629, § 01.18.004, 12-1-2006)

Sec. 46-545. Zoning district map.

All planned development districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be referenced on the zoning map, and a list of such planned development districts, together with the category of uses permitted therein, shall be kept on file in the office of the city secretary or a designee.
(Code 2014, § 46-545; Ord. No. 629, § 01.18.005, 12-1-2006)