The intent of this article is to encourage quality and desirable development by allowing for greater flexibility and design freedom than that permitted under basic residential and commercial district regulations. These regulations are established to permit and encourage diversification, variation and imagination in layout of residential and commercial development, encourage the preservation of open space and encourage more rational, economic development with respect to the provisions of public services.

(Code 1992, § 17.48(1))

(a)

All land included for development as a planned unit development (PUD) shall be under the legal control of the applicant, whether that applicant is an individual, partnership or corporation or group of individuals, partnerships or corporations. Applicants requesting approval of a planned unit development (PUD) shall present firm evidence of unified control of the entire area within the proposed planned unit development (PUD), together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations.

(b)

The applicant shall state agreement to:

(1)

Proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the special exception for planned unit development (PUD).

(2)

Provide agreements, contracts and deed restrictions necessary for completion of the development according to the approved plans.

(3)

Bind their successors in title to any commitments made in the approval process.

(Code 1992, § 17.48(2))

Permitted uses within a planned unit development (PUD) are the same as any use permitted in the RMF multifamily residential district, CL local commercial, CR regional commercial and CP planned commercial districts.

(Code 1992, § 17.48(3))

All permitted uses shall be subject to the accessory use and structure, sign, height and parking requirements of the district in which it is located.

(Code 1992, § 17.48(4))

(a)

A tract of land proposed for development as a planned unit development shall contain a minimum area of two acres and a maximum density of 12 dwelling units per net acre.

(b)

Internal lots and frontage. Within the boundaries of the planned unit development (PUD), no minimum lot size or minimum yards shall be required; provided, however, that no structure shall be located closer to any peripheral property line than a distance equal to the height of such structure.

(c)

Access. Every dwelling unit shall have access to a public street either directly or via an approved private road, pedestrian way, court or other area dedicated to public or private use or common element guaranteeing access. Permitted uses are not required to front on a dedicated public street.

(d)

Engineering design standards. Normal standards of operational policy regarding right-of-way widths, provision for sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a planned unit development, but precise standards shall be made a part of the approved plan and shall be enforceable as a part of this chapter.

(e)

Procedures for approving planned unit developments. Procedures for approving planned unit developments are as follows:

(1)

Development plan. A development plan shall accompany the application for a special exception permit and contain the following information:

a.

Names of the owners and developer.

b.

Scale, date, north arrow.

c.

Existing streets, buildings, watercourses, easements and utility lines.

d.

Proposed pattern of public and private streets, accessways and parking areas.

e.

Locations and arrangements of lots, buildings by dwelling types, open space areas and recreational facilities, if any.

f.

Architectural drawings and sketches illustrating the design and character of the various buildings proposed.

g.

Appropriate statistical data on the size of the development, number of dwellings by type, percentage of open space and other data pertinent to review.

h.

General outline of deed restrictions and other documents pertaining to the development, operation and maintenance of the project.

(2)

Plan approval. Upon approval of a development plan, a special exception permit shall be issued. All terms, conditions and stipulations made at the time of approval shall be binding upon the applicant or any successors in interest.

(3)

Preliminary and final plans. Approval of a development plan for a special exception does not constitute preliminary or final plat approval. Preliminary and final plats shall be submitted and processed in accordance with standard subdivision review procedures.

(4)

Changes in plans. Minor changes in plans shall be made by application and follow procedures pursuant to division 5 of article XII of this chapter. Minor changes shall not be considered a reapplication for a special exception permit. Substantial changes in plans shall be made by application and processed as a new application for a special exception permit.

(5)

Deviations from approved plans. Deviations from approved plans or failure to comply with any requirement, condition or safeguard during approval or platting procedures shall constitute a violation of these zoning regulations.

(f)

Building permits. Final approval does not constitute approval for the construction of individual buildings or structures in the development. Application for building permits shall be submitted and processed in accordance with standard procedures.

(Code 1992, § 17.48(5)—(10))