To promote the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, the city commission is authorized to establish planned unit development (PUD) districts, in which the zoning regulations are in harmony with the general purpose and intent of the zoning ordinance referred to hereinafter as this chapter, and the comprehensive plan of the city, referred to hereinafter as "the comprehensive plan," but in which such regulations differ in one (1) or more respects from the zoning regulations that are applicable in any of the districts that are established by this chapter.

(Ord. No. 1124, § 1(28-8.1), 6-18-79)

The city commission may by ordinance approve the establishment of a planned unit development district on any parcel or tract of land comprising an area of not less than one and one-half (1½) acres and which is suitable to be planned and developed or redeveloped as a unit and in a manner consistent with the intent and purpose of these regulations.

(Ord. No. 1124, § 1(28-8.2), 6-18-79)

A planned unit development district may be established for a residential planned unit development or for a general planned unit development.

(Ord. No. 1124, § 1(28-8.3), 6-18-79)

Office and commercial structures and uses in planned unit development districts shall comply with the limitations and conditions of use standards applicable to the C2 and C3 districts and with the off-street parking requirements in section 26-357.

(Ord. No. 1124, § 1(28-8.4), 6-18-79)

(a)

Introduction. A development plan that is not inconsistent with the standards set out in this section or with such general policies or specific rules and regulations for planned unit development districts as may be adopted from time to time by the city commission and placed on public record in the office of the city clerk shall prima facie be deemed to have qualified for preliminary approval. No such policies, rules, or regulations shall be revised or added to so as to be applicable to a specific proposal for a planned unit development after an application for preliminary approval of a specific development plan has been filed.

(b)

Standards. A development plan shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design and location of the buildings, the density or intensity of use, the common open space, the public facilities and the development by geographic divisions of the site:

(1)

The planned unit development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.

(2)

The planned unit development will not substantially injure or damage the use, value or enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the comprehensive plan.

(3)

The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development, and the streets and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development. Traffic-control signs will be provided without expense to the city when the city commission determines that such signs are required to prevent traffic hazards or congestion in adjacent streets.

(4)

The development will not impose an undue burden on public services or facilities, such as fire and police protection.

(5)

The entire tract or parcel of land to be occupied by the planned unit development shall be held in a single ownership, or if there are two (2) or more landowners, the application for such planned unit development shall be filed jointly by all such landowners. Owners of undivided interests in open or common areas that own dominant estates not in the planned unit development area shall not be necessary applicants.

(6)

The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, nonresidential uses and structures, and public facilities as are necessary for the welfare of the planned unit development and are not inconsistent with the best interests of the city. Such covenants, easements and other provisions, if part of the development plan as finally approved, may be modified, removed or released only with the consent of the city commission after a public hearing before, and recommendations by, the planning commission. All such covenants shall specifically provide for enforcement of such covenants by the landowners within the development. In order that the public interest may be protected, the city shall be made the beneficiary of covenants pertaining to such matters as location of uses, height of structures, setbacks, screening and access. Such covenants shall provide that the city may enforce compliance therewith and shall provide that amendment of such covenants shall require the approval of the city commission and the filing of a written amendment to the covenants, endorsed by the city commission.

(7)

The planning commission may designate geographic divisions of the entire parcel to be developed as a unit, and shall in such case specify reasonable periods within which development of each such division must be commenced. In the case of residential planned unit developments and general planned unit developments that contain residential buildings, the planning commission may permit in each unit deviations from the number of dwelling units per acre established for the entire planned unit development, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned unit development is not exceeded. The period of time established for completion of the entire development and/or the commencement date for each division thereof may be modified from time to time by the planning commission, upon the showing of good cause by the developer, provided that in no case shall any extension of time exceed twelve (12) months. The developer shall provide and record easements and covenants and shall make such other arrangements as may be determined by the planning commission to be reasonably required to assure performance in accordance with the development plan, to protect the public interest in the event of abandonment of the plan before completion, and to ensure that remedial measures will be available to the city if the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the planned unit development or of the entire city.

(8)

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned unit development not used for structures, parking areas, loading areas or accessways shall be landscaped or otherwise improved.

(9)

When office or commercial structures or uses in a planned unit development district abut a residential district or residential buildings in the same development, screening shall be provided. In no event shall an office or commercial structure in a planned unit development district be located nearer than one hundred (100) feet to a residential building.

(10)

Notwithstanding any of the other provisions of this chapter, when a shopping center is developed as a planned unit development district, such shopping center shall have four (4) square feet of space devoted to off-street parking for each square foot of floor area in the structures located in the planned shopping center development. Such parking shall comply with section 26-357.

(11)

The specifications for the width and surfacing of streets and highways, alleys, and ways for public utilities, and for curbs, gutters, sidewalks, streetlights, public parks and playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment established in the subdivision regulations of the city as amended from time to time, may be waived or modified by the planning commission, on the basis of recommendations of the city engineer, where the commission finds that such specifications are not required in the interests of the residents or occupants of the planned unit development and the waiver or modification of such specifications would not be inconsistent with the interests of the city.

(12)

Any modifications of the zoning or other regulations that would otherwise be applicable to the site may be made, provided that they are warranted by the design of the development plan and the amenities incorporated in it and are not inconsistent with the interest of the public generally.

(Ord. No. 1124, § 1(28-8.5.1), 6-18-79)

(a)

Residential density. The residential density in residential planned unit developments and general planned unit developments containing residential buildings shall be as follows:

(1)

Any development plan that does not propose a residential density (number of dwelling units per acre) greater than those permitted on the property in the zoning district regulations applicable thereto immediately prior to the approval of the planned unit development district shall prima facie be deemed to have qualified for preliminary approval insofar as residential density is concerned. It is the intent of this section that the aggregate density and intensity of use within the planned unit development remain the same as that which would be permitted if the area were developed conventionally, but that within the planned unit development the permitted number of dwelling units (d.u.'s) may be reallocated irrespective of use district lines or lot lines. The maximum number of permitted dwelling units within a planned unit development shall be computed as follows: the number of dwelling units permitted is equal to the residential area of the PUD divided by the minimum land area per dwelling unit permitted in the applicable use district.

(2)

Open space, or the respective undivided interest held therein, located within the PUD district, may be considered in determining the number of dwelling units permitted. Residential area of the PUD is the total area of the PUD, including common open space, but excluding all areas occupied by institutional, office, commercial and other nonresidential uses.

(b)

Common open space. The common open space requirements in residential planned unit developments and general planned unit developments containing residential buildings shall be as follows:

(1)

When common open space is provided in a development plan, the amount and location of such common open space shall be consistent with the declared function of the common open space as set forth in the application for a planned unit development district. The development plan shall include such provisions for the ownership and maintenance of and access to the common open space as are reasonably necessary to ensure its continuity, care, conservation and maintenance.

(2)

When a planned unit development includes common open space, such space shall never be used for additional residential, commercial or office structures, but such space may be used for siting necessary and appropriate structures and improvements that are complementary to the recreational use and enjoyment of such space by the residents and owners of the PUD. Such structures and improvements may include swimming pools, picnic areas, tennis courts and similar facilities.

(3)

Common open space shall not be used or counted as part of any required minimum lot area or required yard of any structure outside such space.

(c)

Ground coverage. The total ground area occupied by structures other than paving, sidewalks, or similar ground surfacing shall not exceed thirty-five percent (35%) of the total ground area of the PUD.

(d)

Building setbacks and separations. Building setbacks and separations between buildings in residential planned unit developments and general planned unit developments containing residential buildings shall be as follows:

(1)

Building setbacks from the boundary of the PUD or from streets along the boundary shall be the same as in the zoning districts that immediately preceded the PUD district.

(2)

The distance between any two (2) principal buildings shall not be less than the sum of the least widths of the interior side yards required for a principal building in the predecessor zoning district that occupied the greatest area in the PUD tract.

(Ord. No. 1124, § 1(28-8.5.2), 6-18-79)

The procedure set forth in this subdivision is established for securing approval of a planned unit development and establishment of a planned unit development district (PUD and PUD district).

(Ord. No. 1124, § 1(28-14.2), 6-18-79)

(a)

Subdivision review. It is the intent of these regulations that subdivision review under the subdivision regulations be carried out simultaneously with the review of a PUD under these regulations.

(b)

Format of development plans. The development plans submitted must be submitted in a form that will satisfy the requirements of the subdivision regulations, except as may be specifically modified herein, for preliminary and final plats.

(c)

Application. The requirements for both these regulations and those of the subdivision regulations shall apply to all PUDs, and all actions of the city commission pertaining to PUDs shall be based on a recommendation of the planning commission.

(Ord. No. 1124, § 1(28-14.2.1), 6-18-79)

(a)

Preliminary development plan. A developer seeking the establishment of a PUD district shall prepare and submit to the planning commission a preliminary development plan for such PUD district.

(b)

Contents. The preliminary development plan shall contain the following documents and information:

(1)

A survey of the tract that is to be developed showing existing features of the property, including streets, alleys, easements, utility lines, existing land use, general topography and physical features.

(2)

A site plan showing the location and arrangement of all existing and proposed structures, the proposed traffic circulation pattern within the development, the areas to be developed for parking, the points of ingress and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, and proposed public or common open space, if any, including parks, playgrounds, school sites and recreational facilities.

(3)

A preliminary plat of subdivision for which approval has been secured pursuant to the applicable ordinances, rules, and regulations relating to subdivision approval.

(4)

A statement of the anticipated residential density (when applicable), the proposed total gross floor area and the percentage of the development that is to be occupied by structures.

(5)

When a PUD is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted. No such stage or unit shall have a residential density that exceeds more than twenty percent (20%) of the proposed residential density of the entire PUD. When a PUD provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

(6)

In the case of general PUDs, a statement identifying the principal types of office or commercial uses that are to be included in the proposed development.

(7)

A statement showing the relationship of the PUD to the comprehensive plan.

(8)

When a PUD includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed legal documents creating the legal entity and bylaws, if applicable, shall be submitted.

(9)

Copies of any restrictive covenants that are to be recorded with respect to property included in the PUD district.

(c)

Action on preliminary development plan. In the consideration of the preliminary development plan, the following shall be followed:

(1)

The same procedures as required for the adoption of an original zoning ordinance or the amendment thereto shall be followed by the planning commission and the city commission in the establishment of a PUD district.

(2)

Protests to the establishment of such PUD district shall be made and handled in the same manner as provided for in conventional rezoning cases.

(3)

An ordinance approving a PUD and establishing a PUD district shall specify the zoning regulations and restrictions that will, pursuant to the development plan, apply in the PUD district and shall describe the boundaries of such district or set such boundaries out on a map that is incorporated and published as part of such ordinance. Such ordinance shall also specify the conditions and restrictions that have been imposed by the city commission on the PUD, and the extent to which the otherwise applicable district regulations have been varied or modified. When the planning commission has designated geographic divisions of the development that may be developed as a unit, the ordinance shall authorize the planning commission to modify the schedule of development.

(d)

Status of PUD after approval. After the approval of the preliminary development plan, the following shall be applicable:

(1)

Each PUD district established by the city commission shall be given a distinctive designation consisting of the letters PUD(R) or PUD(G) plus a number in a consecutive series (1, 2, 3, etc.); a single series of numbers shall serve for both types of PUDs. The designation of the PUD district shall be entered on the ordinance establishing the district and the district shall be delineated on the zoning map. It shall also be referred to in preliminary development plans and final development plans associated with such district.

(2)

After the adoption of an ordinance approving a preliminary development plan and establishing a PUD district, such ordinance shall be certified by the city clerk and filed in the office of the city clerk. A certified copy shall be mailed to the developer. When approval of a preliminary plan has been granted, the same shall be noted on the zoning map maintained in the office of the city engineer.

(3)

An application for approval of a final development plan, or all stages thereof, shall be filed within three (3) years.

(4)

In the event that a development plan is given preliminary approval and thereafter, but prior to approval of a final development plan, the developer shall:

a.

Choose to abandon such plan and shall so notify the planning commission in writing; or

b.

Shall fail to file an application, or applications, for approval of a final plan within the required time period, then the preliminary plan shall be deemed to be revoked. When a preliminary plan is revoked, all that portion of the preliminary plan for which final approval has not been given shall be subject to those provisions of the zoning regulations and other local ordinances, that were applicable thereto immediately prior to the approval of the preliminary plan, as they may be amended from time to time. The city commission shall forthwith adopt an ordinance repealing the PUD district for that portion of the development that has not received final approval and reestablishing the zoning and other regulatory provisions that would otherwise be applicable. When a preliminary development plan is revoked, such revocation shall be noted on the zoning map in the office of the city engineer and in the records of the city clerk.

(Ord. No. 1124, § 1(28-14.2.2), 6-18-79)

(a)

An application for approval of a final development plan shall be filed with the planning commission within the time specified herein and shall be in substantial compliance with the preliminary development plan as approved. The application shall include:

(1)

A detailed site plan showing the physical layout and design of all streets, easements, rights-of-way, lots, blocks, common open space, structures, and uses.

(2)

Preliminary building plans, including floor plans and exterior elevations.

(3)

Landscaping plans.

(4)

Copies of any easements and restrictive covenants and proof of recording of the same.

(5)

Proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any common open space.

(6)

Evidence that no lots, parcels, or tracts or dwelling units in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such PUD.

(b)

In accordance with the schedule proposed in the application for approval of the preliminary plan, the developer may elect to file an application for final approval of only a geographic unit or units of the land included in the plan and may delay, within the time limits authorized by the ordinance, application for final approval of other units.

(Ord. No. 1124, § 1(28-14.2.3a), 6-18-79)

(a)

A public hearing by the planning commission on an application for approval of the final development plan, or a unit thereof, shall not be required, provided that the final plan, or the unit thereof submitted for final approval, is in substantial compliance with the preliminary development plan theretofore approved.

(b)

A development plan submitted for final approval shall be deemed to be in substantial compliance with the preliminary plan, as approved, provided that any modification by the developer of the preliminary plan, as approved, does not:

(1)

Vary the proposed gross residential density or intensity of use by more than five percent (5%);

(2)

Involve a reduction of the area set aside for common open space;

(3)

Increase by more than five percent (5%) the floor area proposed for nonresidential use; nor

(4)

Increase by more than five percent (5%) the total ground area covered by buildings.

A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water or for disposal of storm water or sanitary sewage.

(Ord. No. 1124, § 1(28-14.2.3b), 6-18-79)

(a)

Although a public hearing shall not be held on an application for approval of a final development plan when said plan as submitted for final approval is in substantial compliance with the preliminary plan, as approved, the burden shall nevertheless be upon the developer to show the planning commission good cause for any variation between the preliminary plan, as approved, and the final plan as submitted.

(b)

In the event a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications, and other documents required in support thereof, the planning commission shall, within thirty-five (35) days of such filing, grant such plan final approval; provided, however, that, in the event the final plan as submitted contains variations from the preliminary plan as approved, but remains in substantial compliance with the preliminary plan, as approved, the planning commission may, after a meeting with the developer, refuse to approve the final plan and shall, within thirty-five (35) days from the filing of the application for final approval, advise the developer in writing of such refusal, setting out the reasons why one (1) or more of such variations are not in the public interest. In the event of such refusal, the developer may refile his application for final approval without the variations objected to by the planning commission at any time within which he shall be entitled to apply for final approval. If the time for applying for final approval shall have expired at the time when the planning commission advised the developer that the variations were not in the public interest, then the developer shall have sixty (60) additional days within which to refile his application for final approval without the variation. If the developer shall fail to refile within such period, he shall be deemed to have refused to accept such requirements, and final approval shall be deemed to have been denied.

(Ord. No. 1124, § 1(28-14.2.3c), 6-18-79)

(a)

In the event that the final development plan, as submitted for approval, is not in substantial compliance with the preliminary development plan, as approved, the planning commission shall, within thirty-five (35) days of the date the application for approval of the final plan is filed, so notify the developer in writing, setting out the particular ways in which the final plan is not in substantial compliance with the preliminary plan, as approved. The developer may make such changes in the final plan as are necessary to bring it into compliance with the preliminary plan, or he may file a written request with the planning commission that it hold a public hearing on his application for final approval. The developer may take either such alternate action at any time within which he would be entitled to apply for final approval, or within sixty (60) additional days, if the time for applying for final approval shall have expired at the time when the planning commission advised the developer that the final plan was not in substantial compliance. In the event the developer shall fail to take either of these alternate actions within such time, he shall be deemed to have abandoned the plan.

(b)

In the case of a public hearing requested under subsection (a) above, such hearing shall be held, notice thereof shall be given, and the hearing shall be conducted in the manner prescribed in section 26-64. Within thirty-five (35) days after the conclusion of the public hearing, the planning commission shall by resolution either grant or deny approval of the final plan. The grant or denial of approval of the final plan shall, in cases arising under this section, be in the form and contain the findings required for a recommendation on an application for approval of a preliminary development plan set out in section 26-308.

(Ord. No. 1124, § 1(28-14.2.3d), 6-18-79)

A final development plan, or any unit thereof, that has been approved by the planning commission shall be so certified without delay by the city clerk and shall be filed of record in the office of the city engineer before any development shall take place in accordance therewith. In the event the planning commission fails to act, either by grant or by denial of final approval within the time prescribed, the final plan shall be deemed to be approved. Pending completion within a reasonable time of the planned unit development, or any unit thereof, that has been finally approved, no modification of the provisions of such plan or unit thereof as finally approved shall be made without the consent of the developer.

(Ord. No. 1124, § 1(28-14.2.3e), 6-18-79)

In the event that a final development plan or unit thereof is approved and thereafter the developer shall:

(1)

Abandon part or all of such development plan and shall so notify the planning commission in writing, or

(2)

Shall fail to complete the planned unit development or unit thereof within a reasonable period of time after final approval has been granted,

then no development or further development shall take place on the property included in the final development plan until after the property has been reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in article II, division 2.

(Ord. No. 1124, § 1(28-14.2.3f), 6-18-79)

A planned unit development district ordinance or an approved preliminary or final development plan may be amended by means of the procedures prescribed in this subdivision for the adoption of PUD district ordinances and the approval of preliminary and final development plans.

(Ord. No. 1124, § 1(28-14.2.4), 6-18-79)