The purpose of the PUD district is to provide for the establishment of a planned unit development (PUD) overlay district in order to:

(1)

Encourage flexibility in design and development that will promote a more creative approach in the development of land, and which will result in a more efficient, aesthetic and desirable use of the land.

(2)

Permit flexibility of design, placement of buildings, use of required open spaces, circulation, off-street parking areas, and otherwise to better utilize the potentials of sites characterized by special features of geography, topography, size or shape, and to avoid the disruption of natural drainage patterns.

(3)

Provide a greater diversity of living environments by allowing a variety of land uses and residential densities, and allowing more flexibility with lot dimensions and building setbacks.

(4)

Preserve the natural and scenic qualities of open spaces.

(5)

Promote efficient use of land, public infrastructure and public services.

(Ord. No. 72rr, § 10.1, 1-9-2017)

Any person wishing to develop a planned unit development shall comply with the requirements of this section in addition to the zoning, subdivision and other applicable laws, ordinances, regulations and rules, subject to any modification or waiver granted as part of the planned unit development (PUD) permit. In their interpretation and application, the provisions of this section shall be considered minimum requirements.

(Ord. No. 72rr, § 10.2, 1-9-2017)

Any person wishing to develop a PUD shall obtain a PUD permit, as herein provided, prior to any construction, subdivision, or sale or offering for sale of any units, structures or land within the proposed project.

(Ord. No. 72rr, § 10.3, 1-9-2017)

A planned unit development may be a permitted use within all zoning districts within the county only upon issuance of a PUD permit in accordance with this section.

(Ord. No. 72rr, § 10.4, 1-9-2017)

While a PUD allows a variety of land uses, such uses shall be so located as to complement the PUD.

(1)

Commercial areas shall be so located and designed as to provide access to a primary, secondary, or collector streets without creating traffic hazards or congestion on other streets.

(2)

Industrial uses shall be compatible with residential uses and shall be developed in a park like surrounding utilizing landscaping and natural areas as buffers. Traffic serving the use shall not circulate through residential areas.

(3)

No building permits for any commercial establishment shall be issued, nor may any building be used for a convenience establishment, before building permits for at least 100 dwelling units within a radius of 1,000 feet of the proposed establishment or 50 percent of the total number of dwelling units proposed for the planned unit development have been issued.

(4)

Commercial establishment for purposes of this section shall not include a golf course or other use commonly allowed as an open space use in a PUD.

(Ord. No. 72rr, § 10.5, 1-9-2017)

The following uses are permitted within a PUD provided they meet other requirements of this chapter:

(1)

Detached single-family dwelling within a platted subdivision.

(2)

Single-family dwelling not within a subdivision.

(3)

Duplex.

(4)

Multifamily dwelling.

(5)

Manufactured home.

(6)

Public uses, which primarily serve the PUD. These include, but may not be limited to, libraries, post offices, schools, parks, recreational facilities, or community centers.

(7)

Personal services, which serve the PUD. These include, but may not be limited to, professional offices such as attorneys, doctors, dentists, accountants, dry cleaning services, barber or beauty shops, and laundromats.

(8)

Commercial uses, which serve the PUD and immediate neighborhoods. These uses are limited to less than 4,001 square feet and include, but may not be limited to, grocery stores, eating or drinking establishments, drug stores, hardware stores, music or video stores, and financial institutions.

(9)

Accessory buildings, as defined in section 101.01.030.

(10)

Home occupations, subject to section 110.16.070.

(11)

Golf courses.

(12)

Community center, swimming pool, or other recreational facility that serves only the PUD.

(13)

Light industrial uses compatible with residential uses. These shall be developed in a park like surrounding utilizing landscaping and natural areas as buffers. The use shall not generate traffic through residential areas.

(14)

Recreational facility, community center, or church, that serves the public, or religious organizations, subject to all applicable requirements of county ordinances.

(Ord. No. 72rr, § 10.6, 1-9-2017)

The applicant may, at their option, apply for approval of a concept plan prior to application for the final development plan. The purpose of the concept plan is not to require in-depth site analysis at this stage, but to review the contents of the proposal to determine whether public or private benefits would be derived through the use of a PUD. Submission material for the concept plan need not normally exceed, in detail, the requirements listed below. A developer may voluntarily submit more detailed information, and the board may require more detailed information, when deemed necessary, to make a decision. The concept plan should include the following general information:

(1)

Various existing and proposed types of land uses, depicting their relationship to each other, and to surrounding uses. This site plan should take the form of a bubble map, which locates proposed uses in an approximate fashion, number of acres in each type of land use, density of each land use, and types of dwellings on each land use.

(2)

Tentative circulation diagrams.

(3)

Anticipated buffers or screening.

(4)

Relationship to natural features of the land including steep slopes, floodplains, natural drainage, hazardous areas, etc.

(5)

A general indication of expected schedule of development.

(6)

A legal description of the property.

(Ord. No. 72rr, § 10.7, 1-9-2017)

Within 15 working days of the date of receiving the concept plan application, the zoning official will arrange a conference with various departments and agencies to review the application. This may include, but is not limited to, the following: north central district health department, county engineer, road and bridge department, sheriff's office, and utility companies.

(Ord. No. 72rr, § 10.8, 1-9-2017)

Within 60 calendar days of receipt of the concept plan, the planning and building services department will submit the application for preliminary review by the planning and zoning commission. The planning and zoning commission shall informally review the development plan and program, and may recommend modifications.

(Ord. No. 72rr, § 10.9, 1-9-2017)

(a)

Plan elements. Within 30 calendar days of the preliminary review of the concept plan by the planning and zoning commission, the applicant shall file an application for a preliminary development plan and program for all stages of the proposed PUD. The plan shall include the following:

(1)

A legal description of the property;

(2)

Present and proposed ownership of the property;

(3)

The boundaries of the site, including its relationship to surrounding property;

(4)

Names and dimensions of all existing roads bounding or touching the site of the proposed development;

(5)

Data on total size of the development, including various types of uses, density computation and proposed number of residential units, types of residential units, and areas of common open space;

(6)

Existing topographic contours together with proposed grading and drainage;

(7)

Proposed public dedications, and public land uses;

(8)

Location and direction bearing of all major physiographic features such as railroads, drainage areas, shorelines, hazardous areas, power lines, floodplain areas, and unique natural features;

(9)

Pedestrian and vehicular traffic pattern. Other traffic patterns including bicycle and equestrian trails, if applicable;

(10)

The size, including maximum heights, arrangement, and location of lots or building groups;

(11)

Location of sewer and water facilities; storm drainage; telephone, electric, and gas lines;

(12)

Proposed buffer areas or other design techniques to mitigate the impact of the proposed development on adjacent development of a different intensity or use;

(13)

Preliminary subdivision plan, in accordance with the requirements of the Nez Perce County Subdivision Ordinance;

(14)

General landscape plan for all common open spaces; and

(15)

Land use, zoning circulation, paths, and unique natural features of adjacent land uses.

(b)

Program elements.

(1)

Present and proposed ownership of all land in the proposal;

(2)

Operation and maintenance proposals (e.g., property owners' association, condominium, private ownership, etc.);

(3)

Waste disposal facilities;

(4)

Water supply;

(5)

Landscaping, when applicable;

(6)

Off-street parking, when applicable; and

(7)

General timetable of development, including estimated commencement and completion dates.

The application shall be signed by the owner of all property to be involved in the PUD. The application shall include all elements and information required in section 110-534, and shall be filed in the name of the recorded owner of property included in the development. However, the application may be filed by holder of an equitable interest in such property. Prior to final approval of the PUD, evidence of single ownership of the land shall be presented. This may be in the form of legal title or of binding sales contract.

(c)

Other requirements.

(1)

Underground utilities. In any PUD, which is primarily designed for, or occupied by, dwellings, all electrical lines, telephone and cable facilities, street light wiring and other wiring conduits, and other similar facilities shall be placed underground by the developer, unless this requirement is waived by the board. When cable television is unavailable, satellite dishes may be used provided they are screened from view as much as possible through strategic location or landscaping.

(2)

Environmental. Trees, waterways, scenic points, historic or archaeological spots, and other assets shall be preserved to the extent that they enhance the proposed development. Floodplains as delineated in the FIRM and the county flood study shall be preserved as common open space. Where a PUD is located on hillside areas (85 percent of the land has natural slope greater than 20 percent) special development considerations apply, which shall meet approval by the planning and zoning commission.

(3)

Grading. Grading shall be in accordance with the natural contour of the land. All manufactured slopes, other than those constructed with rock, shall be planted or otherwise protected from the effects of storm runoff erosion. The developer shall provide maintenance of the planting until such time as plants are established. Road improvements shall be constructed as soon as possible after grading to minimize erosion.

(4)

Drainage. Drainage shall be addressed as required by the county. If the county determines a drainage plan is required, such plan shall be submitted to the planning and building services department for approval.

(5)

Streets.

a.

Modifications. Streets and drives may be modified, and right-of-way widths and street roadway widths may be reduced as deemed appropriate, after recommendation of the county road and bridge department, and upon approval by the board.

b.

Private streets. If the owners in the future should request that the private streets be changed to public streets, the owners shall fully agree that, before acceptance of such streets by the county, the owners will bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable at the time for public streets, prior to dedications and acceptance. Finally, the owners also agree that these streets shall be dedicated to public use without compensation to the owners and without the owners' expenses in making such streets conform to the requirements applicable at the time for public streets if at some future date, the board so requests.

(6)

Parking. Parking standards for off-street parking shall be subject to sections 110-398 through 110.16.110.

(7)

Perimeter requirements. If topographical or other barriers do not provide adequate protection for existing uses adjacent to the PUD, the following shall apply:

a.

Where a PUD abuts a residential or agricultural area, a buffer shall be provided along the property line and shall be maintained in landscaping. No driveway or off-street parking shall be permitted in the area.

b.

Where a PUD includes commercial or intensive residential use, it shall be located not closer than 150 feet from an adjoining low-density residential use.

(Ord. No. 72rr, § 10.10, 1-9-2017)

(a)

Within 45 calendar days of receipt of the preliminary development plan and program, the planning and zoning commission will review the preliminary development plan and program, and hold a public hearing as provided in chapter 110.48. The recommendation of the planning and zoning commission to approve or deny the application shall be based on the following criteria:

(1)

Substantial conformance to the comprehensive plan. If not in conformance, a request for a comprehensive plan amendment shall accompany the application for zone change;

(2)

The proposal's harmony with the surrounding area or its potential future use;

(3)

The adequacy of the size of the proposed district to accommodate the contemplated development;

(4)

Indication that the proposal will not be contrary to the public health, safety, and general welfare;

(5)

The availability of services required by the proposed development; and

(6)

Consistency of the proposed PUD with the intent and purposes of this section.

(b)

Upon review of the preliminary development plan and program, the planning and zoning commission shall recommend approval of the plan to the board, if it finds that the development, as shown in the plan, substantially conforms to all of the standards set forth in this chapter. If it finds that the development does not substantially conform to such standards, it shall either recommend denial of the application to the board, or recommend approval to the board, subject to conditions, where the conditions are such that compliance with the conditions would bring the final development plan into substantial conformance with this chapter. No building permits may be issued on land within the PUD until the final development plan for the total project area, or phases of the project area, has been approved by the board.

(Ord. No. 72rr, § 10.11, 1-9-2017)

Within 30 calendar days of review of the preliminary development plan and program, and by the planning and zoning commission, the applicant shall submit a final development plan pursuant to section 110-534 to the board. Within 45 days of receipt of the final development plan, the board shall hold a public hearing for the zone change and comprehensive plan amendment, and review of the final development plan. If the board finds that the plan meets the conditions required by the planning and zoning commission, it shall approve the plan. If the plan does not meet the conditions, the board may either grant a 30-day extension, or return the plan to the planning and zoning commission for their recommendation. If the applicant fails to submit the conditionally approved plan within 30 days, or does not request an extension, the final plan shall be deemed denied as of the date of the conditional approval. The approved final development plan shall be recorded with the county clerk or recorder.

(Ord. No. 72rr, § 10.12, 1-9-2017)

The final development plan shall include the plan elements and program elements, subject to other requirements, as described in this section.

(1)

Plan elements. The final development plan for the proposed PUD may be submitted to the board in whole at the time of the request for rezone, or may be submitted in phases according to the proposed preliminary plan. The final development plan shall include all requirements of the preliminary development plan and modifications required by the planning and zoning commission and the following:

a.

Existing maps drawn to a scale of not less than one inch to 100 feet, and proposed contour map.

b.

Location, with the names, of all existing and proposed streets, public ways, railroad and utility rights-of-way, parks and other open spaces.

c.

All land uses within 500 feet of the boundary of the development.

d.

Existing sewers, water mains, and other underground facilities within, and adjacent to, the development and their certified capacities.

e.

Proposed land use plan, including acreage and gross density of each area, and size and type of public uses.

f.

Proposed commercial and industrial land uses.

g.

Location and amount of open space.

h.

Location, arrangement, number and dimensions of off-street parking spaces, width of aisles, bays and angles of parking (if applicable).

i.

Preliminary plans, elevations of typical buildings and/or structures, indicating general height, bulk, and number of dwelling units. (This step may be omitted at the time of application for rezone, but must be submitted for approval by the planning and zoning commission prior to issuance of building permits.)

j.

Approximate location, height, and materials of all perimeters; walls, fences, and screen plantings, if applicable.

k.

Indication of stages of development.

l.

A vicinity map of the area surrounding the site within a distance of one mile of the perimeters of the development.

(2)

Program elements. The elements of the final development program shall be as follows:

a.

Statement of goals and objectives (i.e., why it would be in the public interest and be consistent with the comprehensive plan).

b.

Evidence of resources available to develop the project.

c.

Tables showing total number of acres, distribution of area by use, percent designated for each dwelling, type of off-street parking, streets, and open spaces.

d.

Tables indicating overall densities, and density by dwelling types, and any proposal for the limitation of density.

e.

Development times table, including commencement and completion dates for all buildings, structures, and required improvements.

(3)

Other requirements.

a.

Documentation of all dedicated open space to the public.

b.

One rendered set (not folded) of master plan.

c.

One 8½-inch by 11-inch or 8½-inch by 14-inch reduction of the master plan.

d.

One set of each site plan.

e.

Traffic impact analysis (if applicable).

f.

Other analysis or information if required on approval of the preliminary development plan and program.

(Ord. No. 72rr, § 10.13, 1-9-2017)

The planning and building services department may authorize minor changes in the approved final plan and program. These include site location or character of buildings or structures, changes in building size not exceeding ten percent, and changes in building location not exceeding ten feet in either direction. A new application must be submitted for approval by the board if:

(1)

The overall density, or density within a given land use designation, on the plan exceeds more than ten percent of that which was approved in the final plan;

(2)

The PUD is modified by more than ten percent of the acreage for a given land use designation, which was approved in the final plan;

(3)

There is a land use change (e.g., agricultural to residential, residential to commercial, etc.);

(4)

There is substantial change in layout of streets, buildings, structures, open space, or other elements of the plan or program from that which was approved in the final plan; or

(5)

There is a reduction in approved open space.

(Ord. No. 72rr, § 10.14, 1-9-2017)

Building permits shall be issued for construction only in accordance with the plan and program elements of the PUD as finally approved by the board.

(Ord. No. 72rr, § 10.15, 1-9-2017)

(a)

The development shall be constructed in a timely manner. If no construction has begun in the PUD within 12 months from the approval of the final development plan and recording of documents, said approval shall lapse and be of no further effect. The planning and zoning commission may, upon showing of good cause, extend the time limits for two separate periods of six months each.

(b)

The PUD must begin, and be substantially completed, within the time frame specified in the schedule for development. If the PUD is to be developed in stages, it must begin and be substantially completed, within the time specified in the schedule for development. The planning and zoning commission may, upon showing good cause, extend the time frame for periods of six months.

(c)

If the PUD is not developed within the specified time schedule, as stated above, the PUD shall be removed from that portion of the land which is not developed, and that portion of land shall revert to the zoning which was applicable before the PUD was approved. The final development plan shall lapse and be of no further effect upon written notice to the applicant from the board.

(Ord. No. 72rr, § 10.16, 1-9-2017)