It shall be the purpose of this chapter to encourage the unified and planned development of a site in individual or corporate ownership at the time of development by the use of planned unit developments. Such developments may be permitted without customary division into individual lots, or without specific compliance to the district regulations as applicable to individual lots, subject to the regulations as hereinafter provided. Planned unit developments, as defined, are of such substantially different character from other conditional use permits that specific and additional standards and exceptions are hereby set out to govern the action of the commission. (Ord. 86, 8-19-1980)

In the spirit of the purpose of this chapter, much greater latitude is permitted in the regulations given than in conventional and traditional regulations for development. In consideration of the latitude given and the absence of many of the conventional restrictions, the planning and zoning commission and city council shall have wide discretionary powers in judging and approving or disapproving the imaginative concepts and innovations which may be incorporated into the plans presented, provided the planned unit development shall conform to the general purposes and objectives of the comprehensive plan. (Ord. 86, 8-19-1980)

In addition to compliance with the objectives of this chapter and the comprehensive plan, any applicant for planned unit development approval shall have the burden of demonstrating that a development will achieve public benefit as a result of any deviation from underlying zoning regulations, through creation of open space or public facilities, conservation, provisions of services or needed facilities or otherwise. (Ord. 86, 8-19-1980)

In the case of residential, commercial or industrial planned developments, the commission may authorize that there be in part of the area of such development, and for the duration of such development, specified uses not permitted by the use regulation of the district in which the development is located, provided the commission shall find:

   A.   That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development as specified in the order granting the development;

   B.   That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and

   C.   That not more than twenty percent (20%) of the ground shall be devoted to the uses permitted by the exception. (Ord. 86, 8-19-1980)

The commission may approve exceptions to the applicable area regulations of this chapter within the boundaries of such planned unit development, provided the commission shall find:

   A.   That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as of neighboring properties, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning plots.

   B.   That the overall floor area ratio of the development shall not exceed that prescribed for the district in which it is located. (Ord. 86, 8-19-1980)

   C.   That the minimum lot area per dwelling unit requirements shall be adhered to in any such development containing residential uses, and that immediately adjacent thereto (including the land area upon which it is erected), the minimum amount of land area required for such building under the lot area per dwelling unit shall be as provided in section 10-5-7 of this chapter. (Ord. 86, 8-19-1980; amd. 2008 Code)

   D.   That spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the provisions of this title on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys.

   E.   That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located. (Ord. 86, 8-19-1980)

Planned unit developments shall provide open area for use-in- common of residents and/or occupants of such development. Such area shall include:

   A.   Peripheral buffer strips not less than twenty five feet (25') in width, containing trees and other horticultural plantings, which strip and plantings shall be required unless reduced and waived.

   B.   Area between buildings and outside of platted lots.

   C.   Area left in a natural condition. This may include the peripheral buffer strip.

   D.   Area of not less than twenty percent (20%) of the net area of the development for usable open space. "Net area" means gross area less area devoted to public use or quasi-public use whether or not available to the public. (Ord. 86, 8-19-1980)

A planned unit development for the following principal uses shall contain an area of not less than:

   A.   For residential use, except for mobile home developments, three (3) acres or one city block.

   B.   For mobile home park developments, five (5) acres.

   C.   For residential use with subordinate commercial use, ten (10) acres.

   D.   For commercial use, ten (10) acres.

   E.   For industrial use, ten (10) acres. (Ord. 86, 8-19-1980)

A planned unit development shall be in one ownership or under a unit control during the planning and developmental stage, to ensure that the development can be accomplished as planned. The individual signing the application is deemed to be the agent with sufficient power and authority to contract and negotiate with the commission and the city regarding said application. (Ord. 86, 8-19-1980)

A planned unit development shall be essentially independent and contained. It shall be physically disassociated from surrounding properties, particularly those with different uses. For example, terrain, orientation, streets and highways, woods or rivers may create such separation. If containment is impossible, either the development should be disapproved or approval should be conditioned on the density, design and degree of development ensuring achievement of the objectives of this chapter in the manner in which the site is used. (Ord. 86, 8-19-1980)

Planned unit developments shall include site availability for needed community facilities not otherwise provided for. For example, provision may be required for sites for schools, public safety use, utilities, churches, parks and recreation areas. (Ord. 86, 8-19-1980)

In a residential planned unit development, no commercial use shall be permitted when less than one hundred (100) dwelling units are planned. When permissible:

   A.   No permits for such use shall be issued until occupancy permission has been granted for at least fifty (50) dwelling units.

   B.   Such use shall be distinctly subordinate to the residential use and shall be oriented to the providing of goods and services to the residents of the planned unit development itself, and not to the general community.

   C.   Identification signs may be visible from outside the building housing such use, but no commercial messages shall be permitted. (Ord. 86, 8-19-1980)

   A.   Contents: The engineers, architects and other professionals on a planned unit development may consult informally with the planning director, city engineer or other appropriate local officials as ideas develop. At such time as the applicant wishes to file the preliminary plan on a formal basis, the formal preliminary plan shall contain the following: An application form provided by the city, filled in, and signed by the developer of the proposed project and by the property owner if other than the developer, requesting:

      1.   Name and address of developer, land surveyor, engineer, architect, planner, and other professionals involved.

      2.   Legal description of development area.

      3.   Total area in square feet and in acres.

      4.   Approximate percentage of area intended for use-in-common.

      5.   All structures, and improvements outside the development area within one hundred fifty feet (150') of the boundaries of the development area.

      6.   Existing streets bounding and/or within the development area.

      7.   Tentative street pattern and pedestrian walkway pattern separate from streets within the development area, showing intended street width.

      8.   Tentative location of building lots and/or building areas, and major areas intended for use-in-common.

   B.   Engineering And Building Department Approval Required: The developer shall obtain approval from the engineering and building departments in the matter of drawings for utilities, street improvements and building construction in planned unit developments. Final drawings of plats in planned unit developments shall be handled in the same manner by the engineering department as for plats not in planned unit developments. (Ord. 86, 8-19-1980)

   C.   Initial Filing Fee: The fee for filing a preliminary plan for a planned unit development shall be as provided in section 1-10-1 of this code. The plan shall be filed with the planning director or city clerk-treasurer. (Ord. 86, 8-19-1980; amd. 2008 Code)

   D.   Checking Preliminary Plan: The preliminary plan shall be checked by the planning director for compliance with the requirements of this chapter.

   E.   Planning And Zoning Commission Review: The preliminary plan, upon being found in compliance, shall be transmitted to the planning and zoning commission for review and acceptance. (Ord. 86, 8-19-1980)

   F.   Public Hearing:

      1.   A date for hearing shall be set at such time as sufficient information has been submitted for a meaningful public hearing. Additional prints shall be supplied as required.

      2.   Notice of hearing shall be given in the manner prescribed by section 10-9-4 of this title. (Ord. 86, 8-19-1980; amd. 2008 Code)

3. If the preliminary plan includes a plat, the procedure and requirements for proposed plats given in the subdivision ordinance 1 shall be followed for hearing on the proposed plat. If hearing on the plan and on the plat are held at the same time, there need be no duplication of hearing notice.

      4.   Following conclusion of the hearing, the planning and zoning commission shall transmit the results of the hearing, together with its recommendations, to the city council.

      5.   All costs incurred by the city for reviewing and processing an application shall be the responsibility of the applicant; for example, attorney fees, engineering fees, etc.

   G.   Appeal Procedure; Approval: An appeal from the decision of the commission may be taken to the city council in accordance with the procedure set out in section 10-9-9 of this title. Upon approval of the preliminary plan, the applicant may proceed toward final plan approval. (Ord. 86, 8-19-1980)

   A.   Filing: A planned unit development may be finalized as a whole or in successive divisions. The whole plan or the first division shall be filed within eighteen (18) months of the date of tentative approval following conclusion of the hearing on the preliminary plan. Successive divisions shall follow at intervals of not more than eighteen (18) months. Extension of time may be granted by the planning and zoning commission upon a showing of good cause for the need for such extension.

   B.   Contents: The final plan for planned unit development shall consist of the following for each division:

      1.   An application form provided by the city, filled in, signed by the developer of the project and by the property owner if other than the developer, together with any attachments required.

      2.   Drawings all of the same width and length with a width of not less than twenty four (24) nor more than thirty inches (30") and a length of not more than forty two inches (42"), segregated into drawing classifications as follows:

         a.   General: Composite plan showing all of the following on the same sheet to a scale of one to fifty (50) unless directed otherwise by the planning director, with additional sheets if required to cover the area: contours at five foot (5') intervals, both existing, shown by a dashed line, and final, shown by a solid line; street layout and identification; size and shape of all lots if platted or of building sites if not platted; use-in- common areas with any specific recreation areas indicated; where perimeter fencing, plans and typical side views of entrance treatment and entrance signs. Where more than one sheet is required, the first sheet shall include a small scale drawing of the whole division showing the area covered by each sheet.

         b.   Landscaping: Landscaping plans showing locations and kinds of plantings. (Ord. 86, 8-19-1980)

         c.   Buildings: Buildings and related improvements to a scale of not less than one-eighth inch to one foot (1/8" = 1'), including the following: (Ord. 86, 8-19-1980; amd. 2008 Code)

            (1)   Typical plot plan for each type of building, except buildings in recreational areas, including location of building entrance, driveway, parking, fencing, and sight screening. Floor plans of residences are not required.

            (2)   Typical elevations (side views) of each type of building, except in recreational areas.

            (3)   Recreational area site plans, floor plans of buildings, typical elevations of buildings, recreational equipment installation and other considered pertinent.

            (4)   Information on any buildings not classifiable as above.

         d.   Special: Features unique to a particular planned unit development. (Ord. 86, 8-19-1980)

   C.   Final Filing Fee: The fee for filing a final plan for a planned unit development shall be as provided in section 1-10-1 of this code. The plan shall be filed with the planning and zoning commission. (Ord. 86, 8-19-1980; amd. 2008 Code)

   D.   Approval Of Final Plan: The items required by subsection B of this section shall be approved by the planning and zoning commission if found acceptable, indicated by signature of the planning and zoning commission chairman in a space provided in the application form. If not acceptable, the item shall be returned for addition or change. If the applicant declines to make such change or addition, the planning and zoning commission shall transmit the plan to the city council with or without approval and, in either case, with appropriate recommendations. The city council may approve, modify or reject such recommendations. Approval shall be by resolution which shall recite fully all conditions imposed, including performance bonds, or equivalent.

   E.   Adoption Of Planned Unit Development: Upon certification to the council by the planning and zoning commission that the final plan for a given division of a planned unit development has been completed, the planned unit development final plan shall be adopted incorporating all documents, covenants, agreements, notes, maps, and drawings which have been required by this chapter to specify the exact type of use and degree of development and operation thereof. (Ord. 86, 8-19-1980)

Each overall planned development shall be assigned a number starting with number 1 for the first preliminary plan filed, with the designator "PD-1". In finalizing, each division shall be assigned a number starting with number 1 following the initial number, and repeating for each separate overall project. (Example: The first final division filed of the first preliminary plan filed is "PD-1".) All records pertaining to a given planned unit development shall be identified by such designator and retained in a file. (Ord. 86, 8-19-1980)

The outline of the area of each completed planned unit development shall be shown on a map, identified by the number assigned to such planned unit development. Such map shall be in such form and scale as may be found expeditious for the purpose and shall be known as "planned unit map of Melba". (Ord. 86, 8-19-1980)

After adoption of the planned unit development final plan referred to in subsection 10-5-13E of this chapter and recording of any final plat drawing involved, building permits may be issued. The plot plan for each building or for each contiguous group of buildings shall be based on the plot plan drawings required under subsection 10-5-13B of this chapter, the approval of which, as part of the final plan, shall not preclude minor adjustments being permitted by the building department which do not violate the building spacing and/or setback requirements which have been approved. (Ord. 86, 8-19-1980)

   A.   Major Modifications: Major modifications of an approved planned unit development shall require an application and shall be processed in the same manner as an original application. The filing fee shall be as provided in section 1-10-1 of this code. (Ord. 86, 8-19-1980; amd. 2008 Code)

   B.   Determining Major, Minor Modification: A "major modification" means any proposed change in the basic use of an approved planned unit development, or any proposed change in the plans and specifications which will modify basic land use, density, or public utility location, whereby the character of the approved development will be modified or changed in any material respect or to any substantial degree. A "minor modification" means any proposed change in an approved planned unit development which does not involve a substantial alteration of the character of the approved development. The determination of whether a proposed change is a "major" or "minor" modification shall be made by the planning director in accordance with the foregoing principles. (Ord. 86, 8-19-1980)

   A.   Real Estate: All real property that is sold or purchased in the city must submit a survey.

   B.   Construction: All new construction must have a valid survey before construction can begin. (Ord. 86, 8-19-1980)

   A.   All applications, permits and approvals by the planning and zoning commission or city council will expire one year from the day of issuance, unless otherwise stated.

   B.   Extensions of time must be applied for thirty (30) days before the expiration of one year.

   C.   No permits or approvals will be transferred from one party to another without city council or planning and zoning commission approval. (Ord. 86, 8-19-1980)

   D.   A fee, as provided in section 1-10-1 of this code, for transfers and extensions will be charged in addition to any expenses incurred by the city in processing such transfers or extensions.

   E.   Any prior liens or debts incurred by an applicant must be paid in full before a final approval or transfer is given by the planning and zoning commission. Denial of a planned unit development or approval of a planned unit development with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by Idaho Code section 67-8003 consistent with the requirements established thereby. (Ord. 86, 8-19-1980; amd. 2008 Code)