Through the site plan review, it is the intent of these regulations to promote the general health, safety and welfare of the City. It is the further intent of these regulations to ensure the optimum conservation, protection, preservation, development and use of the natural and manmade resources of the City by regulating land use activity throughout the City through review and approval of site plans.

(Ord. 310. Passed 9-16-96.)

   "Planned Unit Development District" as used in this Ordinance, may be superimposed over existing zoning districts as hereinafter provided for the following purposes:

   (a)   To produce a development which would be as good or better than that resulting from the lot-by-lot development by applying to large areas, whether consisting of consolidated lots or un-subdivided property, the same principles and purposes inherent in the required provisions applying to the individual lot or minimum area parcels.

   (b)   To correlate comprehensively the provisions of this and other ordinances and codes of the City, to permit development which would provide a desirable and stable environment in harmony with the Comprehensive Plan for the City and that of the surrounding area.

   (c)   To permit flexibility that will encourage a more creative approach in the development of land and will result in a more efficient, esthetic and desirable use of open area while at the same time maintain substantially the same population density and area coverage permitted in the zone in which the project is located.

   (d)   To permit flexibility in design, placement of buildings, use of open spaces, circulation facilities and off-street parking areas, and to best utilize the potentials of site characterized by special features of geography, topography, size or shape.

      (Ord. 310. Passed 9-16-96.)

   In the Planned Unit Development District, only the following uses are permitted:

   (a)   In a residential planned unit development, the primary use in a planned unit development shall be residential. There shall be no accessory or special permitted uses in the District except recreational facilities and common meeting or other common facilities as specified in the development plan for use only by the residents in the unit and guests.

   (b)   In planned unit developments for other than residential uses, uses shall be limited to those permitted in the zone in which the use is located.

      (Ord. 310. Passed 9-16-96.)

   A planned unit development project shall contain an area of not less than five (5) acres.

(Ord. 310. Passed 9-16-96.)

   Planned unit development projects shall be initiated by an application in the form of a petition to Council signed by all owners of the property involved, except that owners of severed mineral interests need not join in the petition.

(Ord. 310. Passed 9-16-96.)

   A Planned Unit Development District shall be created by Council as an amendment to an existing zoning map by superimposing the District over the existing zoning district, the amendment to be processed as provided for in Article 1309 Amendments.

(Ord. 310. Passed 9-16-96.)

   (a)   Procedure for Approval.

      (1)   A development plan, including both maps and text, shall be submitted with the petition to the Mayor and Council and referred to the Planning Commission for approval and recommendations of the Commission. The Commission shall proceed in accordance with Section 1309.02 Planning Commission Review to consider the petition, its attachments, and such evidence as petitioners or protesters may choose to present. After arriving at its decision, the Commission shall present its recommendations to Council in writing, which recommendations shall comply with the development policies of the official plan of the City and the zoning classification of which the Planned Unit Development District is to be part of. Recommendations of the Commission may be absolute or conditional, adding to or deleting from the provisions of the application. The petition and attachments shall be prepared so as to comply also with the Subdivision Regulations of the City, so that the subdivision review may be carried out simultaneously with the development plan review.

      (2)   Upon receipt of the Commission's recommendations, Council shall consider the petition with all attachments and other documents or information submitted to the Commission, with the Commission's report on recommendations, and approves or rejects the application as transmitted, or returns the matter to the Commission for further study in accordance with Council's directions. Approval by Council shall constitute a limitation on the use and design of the site to the terms of the approved District.

      (3)   The development resulting from the application of the provisions of this section shall be made a part of the Zoning Map and identified thereon by appropriate reference to the detailed planned unit development map and explanatory text, if any, either by number or by symbol.

   (b)   Amendment. Prior to completion, the development plan may be amended on petition of the person or persons developing the plan, addressed to the Mayor and Council, having the same information included or attached which is required to be submitted with the original petition. The petition shall be referred to the Commission and all procedures shall be the same as for initiating petitions.

   (c)   Expiration.

      (1)   If construction of the plan is not commenced in good faith within one year from the date of the District becoming effective, authorization for the plan shall expire and Council shall forthwith take all action necessary to remove the District from the Zoning Map. No action shall be taken by the developer in furtherance of the plan after the date the authorization expires.

      (2)   Otherwise, the District shall remain in existence and effect and being on the land affected, regardless of whether or not development is proceeded with or completed until Council shall by appropriate action remove the District from the Zone Map.
(Ord. 310. Passed 9-16-96.)

   Petitions for approval of planned unit development projects shall be directed to the Mayor and Council, shall be on eight and one-half by eleven inch white, unlined paper, shall be filed in duplicate, and shall contain a complete, detailed presentation of the planned unit development being proposed, including drawings and pictures to the extent available. The petition shall include, without limitation, the following information:

   (a)   The names and addresses of the petitioners, who shall be all of the persons who are record owners or beneficial owners of the land to be developed, excluding owners of severed minerals. If any petitioner is a partnership, joint venture, or corporation, the petition shall state the names of all beneficial owners thereof.

   (b)   A metes and bounds description of the land proposed to be developed.

   (c)   A description of the plan with designs and drawings thereof, if available, including type of architecture.

   (d)   A description of the type of use planned for each building.

   (e)   The construction schedule.

   (f)    If residential, the number, type and size of the dwelling units and a commitment as to whether the units will be sold or leased.

   (g)   Type of construction involved in each building.

   (h)   There shall be attached to the petition an accurate map, drawn to scale, of not less than 100 feet to the inch, showing the boundaries of the site; names and dimensions of all streets bounding or touching on the site; the proposed location and horizontal and vertical dimensions of all buildings and structures proposed to be located on the site; proposed locations and dimensions of open spaces, if any, within the site; proposed public dedication, if any, within the site including utility lines and easements, sanitary sewer lines and easements, and storm sewer lines and easements; sidewalks; locations, dimensions and design of off-street parking facilities showing points of ingress and egress from the site; the locations, direction and bearing of any major physiographic features such as railroads, drainage canals and shorelines, and existing topographic contours at intervals of not more than five feet with proposed grading, drainage and landscaping. Whenever approved plans cannot be followed, modifications may be approved by the Commission and Council.

   (i)   The explanatory text shall contain a written statement of the general purposes of the project and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form.

   (j)   Proposed perimeter treatment as it affects adjacent areas, including land on opposite sides of streets, along with names of owners of all adjacent land whether or not separated by a street.
(Ord. 310. Passed 9-16-96.)

   (a)   Use regulation of each zoning district, as specified in Article 1313, shall apply equally to Planned Unit Development Districts except as altered in this article or in the approved development plan.

   (b)   Adequate guarantee must be provided to insure permanent retention of the open space land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to public use and acceptance thereof, or a combination thereof.

(Ord. 310. Passed 9-16-96.)

   In the consideration of a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and standards of the zone in which the project is located, except as otherwise specifically provided in this article. In modifying such regulations, requirements and standards as they may apply to a planned unit development project, the following limitations shall apply:

   (a)   Yards. The requirements for front, side and rear yards for the zone in which the planned unit development is located shall apply to all exterior boundary lines of the site. Other yards shall be as approved on the plan.

   (b)   Open Spaces. In addition to all other requirements, not less than ten percent (10%) of the total area of the site shall be set aside for permanent open spaces, none of which shall be used for parking or vehicular right of way.

   (c)   Number of Dwelling Units. The maximum number of dwelling units permitted shall be determined by dividing the development area, exclusive of publicly used streets and rights-of-way, by the minimum lot area per dwelling unit required by the zone in which the area is located.

   (d)   Off-Street Parking. The total required off-street parking facilities shall be not less than the sum of the required parking facilities for the various uses computed separately.
(Ord. 310. Passed 9-16-96.)

   Following the establishment of a Planned Unit Development District, a specific development plan shall be prepared by the applicants and approved by the Planning Commission prior to any zoning clearance permit or permits being issued for construction of the development.

(Ord. 310. Passed 9-16-96.)

   Violations of approved plans and this article shall constitute a violation of the Zoning Ordinance. The provisions of Section 1305.05 and Section 1305.99 shall apply.

(Ord. 310. Passed 9-16-96.)