Marion City Zoning Code
ARTICLE X
Planned Unit Developments
§ 625-27 Purpose.
The Planned Unit Development District and uses created herein are intended to provide opportunity for the construction of quality developments by providing flexible guidelines where strict adherence to zoning codes precludes the use of innovative but sound development principals.
§ 625-28 Permitted uses; minimum size.
A planned unit development shall be a separate residential district that is identifiable as a distinct neighborhood and may contain one-family, two-family or multifamily dwellings. It shall have a minimum size of six acres.
§ 625-29 Development controls.
A.
Yards.
(1)
Landscaped yard. A landscaped yard shall be provided and maintained along all streets and traveled rights-of-way. The yard shall be at least 25 feet in depth along all streets as measured from the street right-of-way. The yard shall extend along the entire frontage(s) of the lot except for driveways and shall be kept clear of all storage, structures, and off-street parking.
(2)
Exceptions. Any landowner intending to propose a yard of less than the required 25 feet in depth must first apply for and receive a variance to that requirement. The Plan Commission may approve the variance if, in its judgment, the alternative plan is in conformity with the intent and purpose of this section and reasonably related to the established pattern of the neighborhood. Before any such alternative plan shall be approved, it shall contain as a minimum a buffer area on both sides of driveways and curb cuts with a minimum of 25 feet in depth as measured from the street right-of-way and not less than eight feet in width as measured parallel to the driveway.
B.
Interior side yard. An interior side yard shall be provided for those parcels in the Planned Unit Development District which border upon other districts; such side yard shall abut the adjacent district and shall be not less than eight feet in width, except that for accessory buildings not exceeding 500 square feet in area the minimum width of such interior side yard shall be three feet.
C.
Exterior storage.
(1)
All materials, machinery and equipment shall be stored within a building or fully screened so as not to be visible from adjoining or adjacent lands, except for the following: laundry drying lines and recreational equipment; construction materials, machinery and equipment currently being used on the premises during the course of construction; and landscaping equipment and machinery currently being used or intended for use on the premises.
(2)
Major recreational equipment, defined for the purposes of this section as travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, less that than eight feet in height above the ground may be stored in any rear yard except when such yard is adjacent to a street. In additional to the general eight-foot height permitted, minor portions of such equipment not exceeding four square feet in vertical cross section as viewed from the adjacent lot line are permitted. No such equipment shall be stored outdoors unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state; in no event shall any such equipment be so stored for a period of more than 60 days if not in condition for safe and efficient performance of its intended function.
D.
Refuse. In all areas, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Trash and garbage receptacles must be screened from view from off site and are prohibited in front yards and the setback area of rear and side yards.
E.
Landscaping. Landscaping shall be provided and maintained for all yard areas except those utilized for driveways and off-street parking and shall consist of grass, shrubs and trees suitable for the climatic and soil conditions of the site area.
F.
Off-street parking. The following requirements for the planned unit developments supersede anything in this Code to the contrary. For residential uses, off-street parking shall be provided at a minimum ratio of 1 1/2 spaces for each dwelling unit, except that for instances such as housing projects for the elderly, a ratio of 1:1 may be provided at the discretion of the Common Council upon review of the Plan Commission.
H.
Traffic control. The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion of the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic; internal traffic shall be so regulated so as to ensure a safe and orderly flow.
I.
Screening of roof-mounted equipment.
(1)
Roof-mounted mechanical equipment installed on buildings constructed within the Planned United Development District shall be screened from view. This requirement shall be deemed satisfied when all parts of the roof-mounted equipment are not visible from ground-level observation or at any point on the property, adjacent property, or from adjacent streets.
(2)
Screening required by this subsection shall comply with the following:
(a)
The screening shall be permanently attached to the building and shall be capable of withstanding all load requirements as outlined in applicable codes.
(b)
The screening shall be constructed with materials that are architecturally compatible with the building. The use of wood, in whole or in part, as a screening material shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior.
(c)
A parapet wall of sufficient height and as an integral part of the building shall be considered as approved screening.
(d)
All rooftop screening shall be kept in repair or in a proper state of preservation.
(e)
Existing screening which requires major alteration or replacement shall meet the requirements of this section.
§ 625-30 Review of applications.
A.
Review scope. An application to construct a planned unit development must be reviewed in a manner which is consistent with the procedures set forth in this section and those procedures required by state statutes.
B.
Constitution of review authority. Planned unit development applications shall be subject to review by the Common Council based on Plan Commission recommendations and a public hearing.
C.
Preapplication conference.
(1)
A developer desiring to obtain zoning to construct a planned unit development may request a preapplication conference with the Plan Commission prior to submitting an application for the zoning.
(2)
The purpose of this preapplication conference shall be to familiarize both the developer and the Plan Commission with each other's intentions with respect to the planned unit development. Although a preapplication conference shall not be required, this preliminary meeting between the Plan Commission and the developer is desirable since it should help clarify many procedural and policy issues.
(3)
The developer shall not be required to present any written or graphic materials at the preapplication conference. The Plan Commission cannot approve zoning at the preapplication conference.
D.
Development proposal.
(1)
The written and graphic information specified in this section must be submitted for the entire proposed project. A copy of the development proposal shall remain open to the public during the application process and shall be located in the City Clerk-Treasurer's office.
(2)
The purpose of the development proposal shall be to provide the Plan Commission with an opportunity for in-depth substantive review of the planned unit development before final designs are developed.
(3)
The development proposal shall include written and graphic materials.
(a)
Written materials shall include but not be limited to the following:
[1]
Legal description of the total development parcel proposed for development, including exact location and a statement of present and proposed ownership.
[2]
Statement of development concept, including the planning objectives and the character of the development to be achieved through the planned unit development.
[3]
Development schedule indicating the appropriate date when construction of the planned unit development can be expected to begin and to be completed, including initiation and completion dates of separate stages of a phased development.
[4]
Statement of intentions regarding the future selling or leasing of all portions of the planned unit development, such as land areas, dwelling units, and public facilities.
[5]
The impact of the development on existing City services outside the development.
(b)
Quantitative data including:
[1]
Parcel size.
[2]
Proposed lot coverage of structures.
[3]
Total amount of usable open space, both private and public.
[4]
Total number and type of dwelling units by number of bedrooms.
[5]
Approximate gross residential densities.
[6]
Number of parking spaces to be provided.
[7]
Total length of streets to be conveyed to the City government.
[8]
Total length of streets to be held as private ways within the development.
[9]
Description of type of other public works to be conveyed to the City government.
[10]
Number and types of public facilities.
(c)
Graphic materials shall include, but not be limited to, the following:
[1]
Map of existing site conditions, including contours, watercourses, floodplains, unique natural features, existing vegetation, and existing buildings.
[2]
Existing and proposed lot lines.
[3]
Location and size of gross floor area of all existing and proposed buildings, structures, and other improvements, including maximum heights and types of dwelling units.
[4]
Location and size in square feet of all usable open space and areas to be conveyed, dedicated, or reserved as common open spaces and recreation areas.
[5]
The existing and proposed circulation, including off-street parking areas, service areas, loading areas, and all points of access to existing public rights-of-way.
[6]
Proposed pedestrian circulation system.
[7]
Existing and proposed utility systems, including sanitary sewers, storm sewers, waterlines and gas lines, and utility easements.
[8]
Landscape plan indicating the treatment of materials used for private and common open spaces.
[9]
Location of trash and garbage receptacles and type of screening.
[10]
Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences, and walls.
(4)
Approval of the development proposal may be granted by the Common Council upon review of the Plan Commission and following a public hearing where the development proposal:
(a)
Conforms to the general development controls set forth in this section.
(b)
Conforms to the adopted Comprehensive Plan for the portion of the City in which the Planned Unit Development District is located.
(c)
Provides benefits to the City which outweigh its adverse effects; in making this determination, the Plan Commission shall consider the following:
[1]
Quality of site design, including integration of a variety of land uses, building types, and densities, preservation of natural features, compatibility with adjacent land uses, provision and type of open spaces, and provision of other amenities designed to benefit the general public.
[2]
Traffic flow and safety.
[3]
Adequacy of utilities and other public works facilities.
§ 625-31 Final development plan.
A.
The final development plan shall be submitted to the City Clerk-Treasurer. It shall include all of the previously specified data and, in addition, any changes approved by the Common Council.
B.
In lieu of completing all of the elements in the development proposal, the Common Council shall require a bond in an amount equal to the estimate costs for completing the project. Bond is for utilities and roads but not buildings.