Zoneomics Logo
search icon

Murray City Zoning Code

CHAPTER 17

60 PLANNED UNIT DEVELOPMENT

17.60.010: PURPOSE:

   A.   The purpose of the planned unit development is to allow diversification in the relationship of various uses and structures to their sites and to permit more flexibility in the use of such sites. The application of planned unit concepts is intended to allow the consolidation of open spaces by clustering dwelling units, in order to avoid environmentally sensitive areas, provide a meaningful and usable open space and to make more efficient use of public facilities. The application of planned unit concepts is intended to ensure substantial compliance with the intent of zoning district regulations and other provisions of this title related to public health, safety and general welfare. It is not intended that this type of development be universally applied, but only when circumstances or natural features and land use make it appropriate and of special benefit to the residents of the development and surrounding area.
   B.   A "planned unit development" shall mean an integrated design for development of residential, commercial, or industrial uses, or combinations of such uses, in which one or more of the regulations, other than use regulations of the district in which the development is to be situated, is waived or varied to allow flexibility and initiative in site and building design and location, in accordance with an approved plan and imposed general requirements as specified in this chapter. (Ord. 07-43 § 2)

17.60.020: CONDITIONAL USE PERMIT REQUIRED:

Planned unit developments may be allowed as conditional uses in all zoning districts by the planning commission if the planned unit development fully meets the underlying zoning district use limitations in which it is to be located. Any approved planned unit development shall consist of a PUD plat approved by the planning commission and signed by its chairman. A conditional use permit for a planned unit development shall not be granted unless the planned unit development meets the use limitations, density, and other limitations of the zoning district in which it is to be located, except as such requirements as may be modified as provided by this chapter or by zoning district regulations. Compliance with the regulations of this title in no sense excuses the developer from the applicable requirements of the subdivision and this title, except as modifications thereof are specifically authorized in the approval of the application for a planned unit development. The conditional use permit shall be considered in two (2) parts:
   A.   Preliminary approval subject to the conditions of notification of surrounding property owners in the conditional use chapter.
   B.   Final approval based on detailed drawings and specifications in general accord with that granted at the preliminary approval. (Ord. 07-43 § 2)

17.60.030: REQUIRED CONDITIONS:

   A.   No planned unit development shall have an area of less than two (2) acres.
   B.   A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment; provided further, that in single-family residential zones, only single-family dwellings may be allowed in the planned unit development. Hotels, motels, lodges, mobile home parks, etc., shall not be considered residential uses for the purpose of this chapter.
   C.   The development shall be in single, partnership, or corporate ownership, or under option to purchase by an individual or a corporate entity at the time of application or the application shall be filed jointly by all owners of the property.
   D.   The planning commission shall require such arrangement of structures and open spaces within the site development plan, as necessary, to assure that adjacent properties will not be adversely affected. Lot area, lot width, yard and coverage regulations shall be determined by approval of the site plan.
   E.   Preservation, maintenance and ownership of required open space within the development shall be accomplished by:
      1.   Dedication of the land as a public park or parkway system in accordance with Utah Code Annotated section 10-9a-607; or
      2.   Complying with the provisions of the condominium ownership act of 1963, title 57, chapter 8, Utah Code Annotated, 1953, as amended, which provides for the payment of common expenses for the upkeep of the common areas and facilities; or
      3.   Creation of a separate corporation for homeowners by which common areas shall be owned and maintained.
   F.   Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the planning commission for approval, together with other required plans for the development.
   G.   Open space must be provided in every planned unit development. Open space is the part of a planned unit development which is accessible and usable by all persons occupying dwelling units in the planned unit development. It is any parcel or area of land or water that is improved or unimproved, and serves the purposes of preservation of natural resources, outdoor recreation, or public health and safety. Open space is land permanently set aside for conservation or recreation purposes. It may include woodlands, play areas, walking and riding trails, wetlands and lands in the floodplain as well as land use for passive or active recreation. By way of illustration only, open space shall not be provided from any required front or side yard, parking area, driveway or street.
   H.   All lots or parcels in a planned unit development shall abut a public street which is improved to standards established according to title 16, chapter 16.16 of this code. Private streets are not permitted.
   I.   The planning commission may recommend that sidewalks and park strips be omitted if the proposed development has an internal pedestrian system, and if the planning commission finds that the public safety is not substantially jeopardized. (Ord. 07-43 § 2)

17.60.040: PLANNED UNIT DEVELOPMENT SITE PLAN REQUIREMENTS:

   A.   The applicant shall submit a planned unit development plan for the total area within the proposed development. If the planned unit development is to be developed on a phase basis each phase shall be of such size, composition and arrangement that its construction, marketing and operation is feasible as a unit independent of any subsequent phases. Final approval shall be given only to one phase at a time.
   B.   The preliminary site plan shall show:
      1.   The use or uses, dimensions, elevations, building materials and locations of proposed structures;
      2.   Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and open spaces;
      3.   Architectural drawings and sketches outlining the general design and character of the proposed uses and the physical relationships of the uses;
      4.   Such other pertinent information including, but not limited to, residential density, coverage and open space characteristics shall be included as may be necessary to make a determination that the contemplated arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title;
      5.   If residential development is proposed, impacts on the city schools shall be determined;
      6.   An analysis of potential impacts on traffic and public utilities shall be provided.
   C.   The final drawings shall show the following:
      1.   The size, location, design and nature of signs, if any, and the intensity and direction of area floodlighting shall be detailed in the application. However, final approval for signs will only be granted when a sign permit is granted by the building inspection division;
      2.   A grading and drainage plan;
      3.   A planting plan showing proposed tree and shrubbery plantings with approval of the city forester;
      4.   Covenants, conditions and restrictions;
      5.   Building materials and colors. (Ord. 07-43 § 2)

17.60.050: REVIEW BY PLANNING COMMISSION:

In order that it may approve a planned unit development, the planning commission shall have authority to require that the following conditions (among others it deems appropriate) be met by the applicant:
   A.   The proponents of the planned unit development have demonstrated to the satisfaction of the planning commission that they are financially able to carry out the proposed project.
   B.   The proponents intend to start construction within one year of the approval of the project and any necessary zoning district change, and intend to complete said construction within four (4) years from the date construction begins. The planning commission may extend the time period if necessary and deemed prudent by the planning and zoning commission.
   C.   The development is planned as one complex land use rather than an aggregation of individual and unrelated buildings and uses.
   D.   The development as planned will accomplish the purpose outlined in section 17.60.010 of this chapter. (Ord. 07-43 § 2)

17.60.060: SCOPE OF PLANNING COMMISSION ACTION:

In carrying out the intent of this chapter, the planning commission shall consider the following principles:
   A.   It is the intent of this chapter that site and building plans for a planned unit development shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application. The commission may require the applicant to engage such a qualified designer or design team.
   B.   It is not the intent of this section that control of the design of a planned unit development by the planning commission be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this section that the control exercised be the minimum necessary to achieve the purpose of this chapter.
   C.   The planning commission may approve or disapprove an application for a planned unit development. In approving an application the commission may attach such conditions as it may deem necessary to secure compliance. (Ord. 22-33: Ord. 07-43 § 2)

17.60.070: CONSTRUCTION LIMITATIONS:

   A.   Upon approval of a planned unit development construction shall proceed only in accordance with the plans and specifications approved by the planning commission and in conformity with any conditions attached by the commission to its approval.
   B.   Amendments to approved plans and specifications for a planned unit development shall be approved by the planning commission and shown on the approved plans.
   C.   The building inspection division or any other city division shall not issue any permit for any proposed building, structure, activity or use within the project unless such building, structure, activity, or use is in accordance with the approved development plan and any conditions imposed in conjunction with its approval. (Ord. 07-43 § 2)