It shall be the policy of the City to promote progressive development of land and construction thereon by encouraging planned unit development to achieve:

   (a)   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;

   (b)   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services;

   (c)   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns;

   (d)   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets;

   (e)   A development pattern in harmony with land use density, transportation facilities and community facilities objectives of the comprehensive plan.

   The City is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning provided the developer can demonstrate than any increment of public cost clearly attributable to increased densities shall be compensated for by the private amenities and public benefits to be achieved by the plan of development.

(Ord. 86-260. Passed 12-16-86.)

   Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this Zoning Ordinance, the provisions of this chapter shall be governed by the respective provisions found elsewhere in the Ordinance.

(Ord. 86-260. Passed 12-16-86.)

   Planned Districts may be established by application in accordance with the provisions set forth below.

   Any application for a Planned Development, for any land use or structure permitted under this Zoning Ordinance shall be submitted in accordance with the following procedure.

   (a)   Pre-Application Conference.

      (1)   Prior to preparing a Development Plan, the landowner shall consult informally with the City Planning Commission, City Engineer, Zoning Administrator and Richland County Regional Planning Commission staff in order that he may become familiar with subdivision and zoning requirements, the relation of his property to existing conditions, future plans, community facilities, utilities and services.

      (2)   The landowner shall also consult informally with public utility companies in order to determine the character and extent of electric power and telephone lines and also to determine the most advantageous routing of these lines and utility easements.

   (b)   Planned Unit Development Principles. Prior to concluding the pre-application conference between the landowner and the City Planning Commission, the Commission shall consider the following principles governing Planned Developments in the City:

      (1)   It shall be the duty of the City Planning Commission to discourage Planned Developments that are far in advance of the needs of the City, or which, by their very nature or location, cannot be efficiently served by public utilities, fire or police protection or other Municipal services, or which are being unwisely or prematurely developed.

      (2)   It shall further be the duty of the City Planning Commission to encourage that Planned Developments be coordinated with the development of adjacent small parcels of land and to this end, the City Planning Commission shall require the landowner to submit sketch plans for such coordinated development, showing how streets can be connected, lot orientations coordinated and open spaces extended. The City Planning Commission may also arrange meetings with the several owners of such small parcels of land or may carry out the intent of this directive by such other means as may be lawful and appropriate.

   (c)   Application to Planning Commission. An application for a Planned Development shall be submitted to the Planning Commission on a special form provided for that purpose. The application shall be executed by or on behalf of the landowner and filed in duplicate with the Planning Commission. A filing fee in the amount of one hundred dollars ($100.00), payable to the City, shall be submitted to the Planning Commission. Such filing fee shall be used to defray the cost of the public hearing and work done by the planning staff of the City, the Richland County Regional Planning Commission, City Engineer and City Zoning Administrator.

   (d)   Data Required With Application for Approval of Development Plan. The application for approval of a Planned Development shall include three copies of a Development Plan, drawn at a scale of 1" = 50' and including the following information:

      (1)   Location and the size of the area involved and the nature of the landowner's interest in the land proposed to be developed.

      (2)   The density of land use to be allocated to parts of the area to be developed.

      (3)   The locations, functions, ownership and manner of maintenance of common open space areas.

      (4)   The use, approximate height, bulk and location of buildings and other structures.

      (5)   The feasibility of proposals for the disposal of sanitary waste and stormwater.

      (6)   The substance of covenants, grants of easements or other restrictions to be imposed upon the use of land, buildings and structures, including proposed easements for public utilities.

      (7)   The provisions for parking of vehicles and the location and width of proposed streets and existing streets abutting the property.

      (8)   A statement indicating the required modifications in the regulations of the Ordinance, otherwise applicable to the subject property.

      (9)   In the case of plans which call for staging development over a period of years, a schedule, showing the time within which applications for final approval of all parts of the Planned Development are to be filed.

      (10)   Such applications shall also be accompanied by a written statement by the landowner setting forth the reasons why, in his opinion, the Planned Development would be in the public interest and would be consistent with the specific criteria, if any, theretofore, published and adopted by the Planning Commission.

   (e)   Review by the Richland County Regional Planning Commission Staff and the City Planning Commission. One copy of every application for a Planned District, received by the Secretary of the Planning Commission, shall be promptly delivered to the staff of the Richland County Regional Planning Commission for their review and report to the City Planning Commission. The Richland County Regional Planning Commission shall, as a part of its review, consult with the City Engineer and other departments of the City concerning the application. The City Planning Commission shall review and take action on the application within sixty days following the date the application was received by the Commission. The City Planning Commission shall base its approval of a Planned District on the following considerations:

      (1)   That the Plan is consistent in all respects with the purposes, intent and applicable standards of this Ordinance.

      (2)   That the proposed development as envisioned in the Plan is in conformance with the Comprehensive Plan adopted for the City.

      (3)   That the proposed Plan provides for the preservation and protection of existing trees, ground cover, topsoil, streams, rock outcroppings and scenic views from dangers and damages caused by excessive and poorly planned grading for streets and building sites.

      (4)   That the benefits, improved arrangement and the design of the Planned Development justify the deviation from the standard zoning district requirements incorporated in this Ordinance.

   (f)   Criteria for Recommendations by Planning Commission. Before making its recommendation, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:

      (1)   The proposed development can be initiated within two years of the date of approval;

      (2)   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations;

      (3)   The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the Planned Development;

      (4)   Any proposed commercial development can be justified at the location proposed;

      (5)   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final Development Plan, in accord with the Planned Unit Development and the adopted policies of the Planning Commission and Council;

      (6)   The area surrounding such development can be planned and zoned in coordination and substantial compatibility with the proposed development;

      (7)   The Planned Unit Development is in general conformance with the Comprehensive Plan of the City;

      (8)   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed;

   (g)   Public Hearing. Upon review and recommendation of an application for a Planned Development District, the Commission shall forward to Council a record of the action taken on the proposed application in accordance with the provisions of Chapter 1161. Council shall act on the application, following a public hearing, in accordance with the provisions of Chapter 1161.

      (Ord. 86-260. Passed 12-16-86; Ord. 91-156. Passed 5-21-91.)

   The Plan, as approved by Council, shall constitute an amendment to the standard zoning district regulations as they apply to the land included in the approved amendment. The applicant shall then be required to prepare a subdivision plat in accordance with the Subdivision Regulations for the City. The plat shall be in accordance with the Plan as approved by Council.

(Ord. 86-260. Passed 12-16-86.)

   (a)   Planned Unit Development; Residential.

      (1)   Residential dwelling types developed in a unified manner in accordance with an approved plan;

      (2)   Schools, parks and playfield activities;

      (3)   Churches and other institutions for the purpose of religious worship;

      (4)   Recreational facilities as may be provided for the use and amenities of the residents of the dwelling;

      (5)   Neighborhood shopping centers and professional offices comprising not more than twenty percent (20%) of the total site acreage and developed in a unified manner.

   (b)   Planned Unit Development; Professional. 

      (1)   Multiple family dwellings to the extent of the density permitted under Office Services District herein;

      (2)   Schools, parks and playfield activities;

      (3)   Churches and other buildings for the purpose of religious worship;

      (4)   Private recreational areas, swimming pools, golf courses, tennis clubs and institutional or community recreation centers;

      (5)   Nursing homes, housing for the elderly, sanitariums and convalescent homes;

      (6)   Nursery schools, day nurseries and child care centers;

      (7)   Medical and dental facilities for care and treatment by physicians, dentists and podiatrists, including offices, hospitals and clinics;

      (8)   Offices of attorneys at law, certified public accountants, architects and professional engineers, insurance administration including claims review but excluding insurance agencies;

      (9)   Utility and public service buildings, uses and lines;

      (10)   Vehicular parking areas, utility and public service lines and structures and accessory buildings.

         (Ord. 94-175. Passed 8-2-94.)

   The gross area of a tract of land to be developed in a Planned Unit Development District shall be a minimum of twenty acres, provided, however, that smaller parcels may be considered on the basis of their potential to satisfy the objectives of this chapter as stated in Section 1185.01.

   (a)   Planned Unit Development District-Residential.

      (1)   Maximum Density of Residential Development. The dwelling unit density of any area is to remain unchanged and conform to the basic overall density requirements of the standard zoning district:

         However, the dwelling unit density may be increased if the character of the development and/or amenities incorporated in the development warrant an increase in density. In no case, however, shall the dwelling unit density exceed the density which would be achieved under the standard zoning district designation by more than twenty percent (20%), where the City Planning Commission determines that it would be appropriate to apply a higher density to the uses proposed in the Development Plan. The percentage increase in density shall be governed by the factors listed below which are to be treated as parts and not totals:

         A.   Open space reservations shall be considered cause for dwelling unit density increases, in accordance with the following:

            1.   Maximum dwelling unit density increase of ten percent (10%) for the first acre of open space per twenty total acres of development;

            2.   Maximum dwelling unit density increase of six percent (6%) for the second acre of open space for twenty total acres of development;

            3.   Maximum dwelling unit density increase of three percent (3%) for each additional acre of open space per twenty total acres of development.

         B.   Character, identity, architectural and siting variations incorporated in a development shall be considered cause for dwelling unit density increases not to exceed the density which would be achieved under the standard zoning district designation by more than twenty percent (20%), provided such design variations make a substantial contribution to the objectives of the Planned District. The degree of distinctiveness and desirable variation achieved shall govern the percentage of increase in dwelling unit density which Council may approve. Incorporated design elements may include, but are not limited to, the following:

            1.   Landscaping:

               a.   Streetscape.

               b.   Open space and plazas.

               c.   Pedestrian-way treatment.

               d.   Recreational areas.

            2.   Siting:

               a.   Visual focal points.

               b.   Use or treatment of existing land features.

               c.   Circulation pattern.

               d.   Variations in building setbacks.

               e.   Building groups.

            3.   Design features:

               a.   Architectural styles.

               b.   Harmonious use of building and screening materials.

               c.   Parking arrangements broken by screening devices of landscape features.

               d.   Varied use of dwelling types and arrangements:

                  i.   Atrium or court.

                  ii.   Townhouse.

                  iii.   Terrace.

                  iv.   Tower.

               e.   Unique group developments:

                  i.   Housing for the elderly.

                  ii.   Singles' apartments.

                  iii.   Retirement community.

      (2)   Variations in Lot Area and Dimensions. The maximum number of dwellings permitted in a Planned District shall conform to the overall density approved for the Plan. However, lot area and dimensions do not have to meet the specific Ordinance requirements. Residential lot size and lot width reductions shall be permitted in accordance with the following schedule:

         A.   Up to thirty percent (30%) reduction in lot size and a thirty percent (30%) reduction in lot width shall be permitted, providing up to thirty percent (30%) of the total site area (excluding street right of way) is devoted to open space or recreational facilities.

         B.   Drawings and plans as submitted shall show that the relationships between interior and exterior living areas on the site are desirable and adequate, and that the living environment is as desirable as compliance with the strict requirements of the Zoning Ordinance.

         (Ord. 86-260. Passed 12-16-86.)

   (b)   Planned Unit Development District-Professional.

      (1)   Units in a planned unit development-professional shall be subject to the area, height and bulk regulations provided for in Section 1167.04.

         (Ord. 91-156. Passed 5-21-91.)

   Every property developed under the Planned Unit Development approach should be designed to abut upon common open space or similar areas whenever possible. A clustering of dwellings in encouraged. In areas where townhouses are used, there shall be no more than eight townhouse units in any contiguous group.

(Ord. 86-260. Passed 12-16-86.)

   Notwithstanding the provisions of this chapter, every lot within the Planned Development abutting the perimeter of the Planned Development District shall maintain all yard requirements specified for the conventional zoning district.

   Where perimeter lots abut a street right of way along the rear or side lot line, trees or other plantings, earth mounds or other obscuring devices of sufficient height and density to afford visual privacy shall be provided along the rear or side lot line.

(Ord. 86-260. Passed 12-16-86.)

   The required amount of common open space land reserved under a Planned Unit Development shall be held in common ownership by owners who buy property within the development and retained as common open space for parks, recreation and related uses.

   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final Development Plan.

(Ord. 86-260. Passed 12-16-86.)

   When Planned Development Districts include commercial uses, 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. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.

(Ord. 86-260. Passed 12-16-86.)

   The Planned Development shall provide common open space as required by this Zoning Ordinance and for the establishment of an organization (herein called the Association) for the ownership and maintenance of the common open space. All common open spaces located in the Development shall be reserved for the private use and benefit of the owners of the lots located in the Development.

   The Planned Development shall provide for such plats, agreements, protective covenants, easements and documents to be recorded providing for the ownership, maintenance and financing of such maintenance for the common open space, as will reasonably ensure its continuity, conservation, maintenance and preservation and will work to prevent its diversion and deterioration.

   In the event that the Association established to own and develop and maintain the common open space, or any successor organization, shall, at any time after the establishment of the Planned Development, fail to maintain the common open space in reasonable order and condition in accordance with the Plan, or permit it to deteriorate so as to constitute a public nuisance, the City may serve written notice upon such organization, or upon the residents of the Planned Development, setting forth the manner in which the Association has failed to maintain the common open space in reasonable condition, or has permitted a public nuisance to develop. Such notice shall include a demand that such deficiencies be cured within thirty days thereof and shall state the date and place of a hearing thereon before the Planning Commission to be held within fifteen days after the notice. At such hearing, the Planning Commission may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice, or in the modifications thereof, are not cured within such thirty days or any extension thereof, the City, in order to prevent further deterioration or to abate the public nuisance, may enter upon the common open space and maintain the same until the Association established for such purpose resumes its responsibility. Such entry, maintenance and abatement upon the common open space shall not vest in the City any rights to use the common open space for any other purpose.

   To provide for the costs of such maintenance and abatement by the City, the developer or the Association established to own the common open space, shall simultaneously with the execution of the unit plat, grant to the City a conservation easement vesting in the City all of the rights necessary to carry out the terms of this section, as well as all rights of the developer or Association, to collect dues or assessments from the property owners within the development, which dues and assessments, or a reasonable substitution thereof for the maintenance of the common open space, shall be an obligation of the property owners under recorded protective covenants, as well as the articles of incorporation or bylaws of the Association, formed to hold title to the common open space.

(Ord. 86-260. Passed 12-16-86.)