Each of the zoning districts hereinbefore set forth shall have a separate and distinct counterpart known and herein referred to as a planned district. A planned district shall be for the purpose of permitting and regulating the uses heretofore permitted in the equivalent district, and to further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, parking areas, variations in yards and open spaces, including landscaping and screening for the protection of adjacent property, subsequent to approval of the plan by the planning commission and council. The intent is to allow development of tracts of land to their fullest extent, and at the same time, observe the general intent and spirit of these regulations.

(a)

The height and bulk of buildings, the amount of open space, light and air, the concentration of population, the parking and loading requirements shall be equal to those in the corresponding district R-1 to M-2, inclusive. The uses permitted shall be the same as in the equivalent district R-1 to M-2, inclusive.

(b)

Variations and departures from normal practice may, however, be permitted. Each building need not face on a public street, and more than one building may be located on a lot. Residential buildings may be constructed on platted tracts which are smaller than the minimum size requirements where other adjacent permanent open space is provided. Buildings may be grouped in clusters or around courts, and may be served by private drives, in lieu of public streets. Buildings may be located closer to lot lines than otherwise permitted; provided that such buildings are architecturally suitable for such a relationship to adjoining buildings or property. Any building or portion thereof may be owned in condominium under the state condominium statutes.

(c)

The planned districts shall be as follows:

(d)

Restrictions in RP-1, RP-2 and RP-3 districts. Controlled district development plans for residential construction may be classified as RP-1, RP-2, or PR-3 to address density issues and still retain restrictions of a higher zoning classification (R-1, for example) as to restrictions not supplanted by the development plan. To provide a record of intended zoning limitations and restrictions, the special ordinance accepting and approving the planned district in residential classifications will contain:

(1)

The special regulations of use (zoning restrictions) within the planned district or subdivision, including restrictions, if any, imposed by covenant.

(2)

A development plan and plans reflecting the amenities required within the subdivision, which may include both design and written supplemental description.

(3)

A plan of alternate structural designs with alternate locations of driveways, garages, dwellings and other amenities.

(4)

A recital of the use regulations applicable (e.g., R-1) as to provisions of the zoning code not waived by the plans and special regulations established in the ordinance of acceptance and approval. This provision is applicable only in cases in which the development retains restrictions of a higher zoning classification than the density classification of the planned district.

(Code 1998, § 37-39.1; Ord. No. 2792; Ord. No. 3871, § 5, 5-4-1993)

The procedure for rezoning property to a planned district is as follows:

(a)

Application for zoning. A tract of land may be zoned RP-1 through MP-2 only upon application by the owner or his agent, and only upon approval of a development plan for the tract. The proponents of a planned development shall prepare and submit to the planning commission a development plan containing the following elements:

(1)

Boundaries. The boundaries of the tract to be zoned, including the area adjacent for a distance of not less than 200 feet.

(2)

Location of streets, alleys, driveways, etc. The accurate location of any streets, alleys or major driveways, and the general location of any buildings which exist or are planned on the adjacent property within 200 feet.

(3)

Topography. The existing topography.

(4)

Location of buildings, structures, parking areas, etc. The proposed location and arrangements of buildings, structures, parking areas, existing and proposed streets, drives and other public ways, public property, drainage, landscaping and other features of the proposed development.

(5)

Approximate dimensions. Sufficient approximate dimensions to indicate the relationship between buildings, streets and drives, and property lines.

(6)

Preliminary elevation and plan drawings of proposed buildings. The planning commission shall advertise and hold a public hearing on the plan as provided in section 37-11. At such time as the development plan meets with the approval of the commission, the same shall be duly approved, properly endorsed and identified, and sent to the council for final rezoning action.

(b)

Conformance with character. The planning commission shall have the power to recommend, and the council may require, architectural alterations to conform to the neighborhood and community character. The council may also require certain limitations on the number and size of signs and landscaping and screenings as it deems necessary.

(c)

Approval of plan; construction. Upon final approval of the plan and the rezoning of the tract as required by law, construction may proceed and conformance with the plan and all supporting documentation is mandatory. All final plans shall be submitted to the planning commission and approved as to compliance with the development plan prior to the issuance of a building permit.

(d)

Deviations; hearings. Minor deviations from the development plan may be permitted by the commission in the process of approving the final plans for construction. If, however, in the opinion of the commission, the final plans represent a change in the concept of the development, or the proposed deviations will adversely effect the neighborhood, a new public hearing will be held after proper notice, and approval shall be granted or denied only after such hearings, and the council shall also review and approve the revised plans before permits may be issued. The cost of any additional hearings shall be at the expense of the applicant. All decisions of the planning commission may be appealed to the city council who may reverse or affirm the same.

(e)

Plans for structures within RP-1, RP-2, and RP-3 controlled districts. Specific plans for every structure to be located in RP-1, RP-2 and RP-3 controlled districts will not be required. Plans reasonably depicting the range of anticipated models are required. Variation and modification of the models depicted will be permitted without further zoning approval unless the variation or modification is more than a minor deviation from the architectural style, size and general amenities of the models submitted for plan approval. Specific plans for each structure will be submitted with the application for each building permit. It will be conclusively presumed that the plan is within the permitted variation and modification unless the building inspector concludes the plan may constitute a substantial deviation from the architectural style, size and general amenities of the models upon which the plan was originally approved, in which event, prior to issuance of the building permit, the building inspector will request review and decision by the planning commission.

(Code 1998, § 37-39.2; Ord. No. 2792; Ord. No. 3871, § 4, 5-4-1993)