Planned Unit Developments are intended to provide for greater flexibility in design and to provide for a combination of uses in a manner compatible to each and to the surrounding environment. A Planned Unit Development (PUD) is any development to be constructed and maintained by a single owner or group of owners acting through a corporation located on a single tract, planned as an entity and, therefore, acceptable for development and regulation as one land unit. Planned Unit Developments are established to encourage and promote improved environmental design in the City by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance to the basic intent of the zoning chapter and the general plan for community development. The PUD concept allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive, unified projects. It is further intended to encourage more rational and economic development in regard to public services and encourage and facilitate preservation of open land.

(Code 1991, § 13-1-40)

1. Dimensional requirements. With PUDs, the requirements for lot area, lot width, side yard, rear yard, front yard, lot coverage and building height shall be consistent with sound planning and zoning principles. However, lots and buildings may be approved which do not meet the dimensional requirements in other districts of this article. Such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plat itself, construed to be and enforced in accordance with this article.
2. Conditional uses. Any use allowed only as a conditional use in any of the other districts of this article may be permitted subject to the criteria as established in this title. But such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this article.
3. Single parcel, lot or tract. Each PUD shall be considered as one tract, lot or parcel, and the legal description must define said PUD as a single parcel, lot or tract and be so recorded with the County Register of Deeds.
4. Off-street parking. In each PUD, off-street parking shall be provided in accordance with Article VIII of this chapter.
5. Signs. In each PUD, signs shall be classified and permitted in accordance with Article IX of this chapter.

(Code 1991, § 13-1-41)

As a basis for determining the acceptability of a Planned Unit Development application to the Plan Commission and Common Council, the following criteria shall be applied to the application for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this article, is consistent with the policies of the City development plan, has been prepared with professional advice and guidance and produces significant benefits in terms of environmental design:

1. Character and intensity of land use. In a Planned Unit Development, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:
   1. Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth and open space.
   2. Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.
   3. Would not adversely affect the anticipated provision for school or other municipal services.
   4. Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
2. Economic feasibility and impact. The proponents of a Planned Unit Development application shall provide evidence satisfactory to the Plan Commission and Common Council of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the City or the values of surrounding properties.
3. Engineering design standards. The width of street rights-of-way, width of paving, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based on standards necessary to implement the specific function in the specific situation; provided, however, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City designated engineer.
4. Preservation and maintenance of open space. In a Planned Unit Development, adequate provisions shall be made for the permanent preservation and maintenance of open space either by private reservation or dedication to the public.
   1. In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the City as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the PUD. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or, subsequently, with the express approval of the Common Council following approval of building, site and operational plans by the Plan Commission.
   2. The care and maintenance of such open space reservations shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the City and shall be included in the title to each property.
   3. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the plan approval.
5. Implementation schedule. The proponents of a Planned Unit Development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Common Council, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in an adverse effect upon the community as a result of termination at that point.

(Code 1991, § 13-1-42)

1. Preapplication conference.
   1. Before submitting an application for a PUD, an applicant shall confer with the Plan Commission, City staff and other City department heads, if required, in connection with the preparation of the planned unit development.
   2. The purpose of the preapplication conference shall be to familiarize both the applicant and the Plan Commission with each other's intentions with respect to the PUD before the applicant enters into binding commitments or incurs substantial expense.
   3. At the preapplication conference, the Plan Commission shall familiarize the applicant with the PUD process and explain to the applicant issues that should be considered in planning the project. The applicant shall inform the Plan Commission of his development concept through general outlines and sketch plans. Any statement made by either the Plan Commission or the applicant concerning potential disposition of a PUD application or the final form of the development shall not be legally binding.
2. Implementation schedule. The proponents of a Planned Unit Development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Plan Commission, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effects upon the community as a result of termination at that point.
3. Zoning procedure. The procedure for zoning a PUD shall be the same as required for a zoning amendment, except that, in addition, the zoning may only be considered in conjunction with a specific development plan. The applicant shall file with the Plan Commission a specific development plan which shall include the following information:
   1. Statement of development concept, including the planning objectives and the character of the development to be achieved through the PUD.
   2. An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features.
   3. The pattern of proposed land use including shape, size and arrangement of proposed use areas, density and environmental character (single-family, multiple-family, commercial, public, etc.).
   4. The pattern of public and private streets.
   5. The location, size and character of recreational and open space areas reserved or dedicated for public uses such as recreational areas and common open space areas.
   6. Preliminary engineering plans, including site grading, street improvements, drainage, public utility extensions and landscaping plans.
   7. Preliminary building plans, including floor plans and exterior designs or elevations.
   8. Development schedule indicating the appropriate date when construction of the PUD can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development.
   9. General outline of intended organizational structure related to property owners' association, deed restrictions and private provision of common services.
   10. Statement of financing plan, including projected sources and amounts of funds.
   11. Statement of intentions regarding the future setting or leasing of all or portions of the PUD, such as land areas, dwelling units and public facilities.
   12. Any additional information as required by the Plan Commission necessary to evaluate the character and impact of the proposed PUD.
   13. The application shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.
4. Referral and public hearing.
   1. Within 30 days after completion of the filing of the petition for approval of a general development plan, the Plan Commission shall forward the petition to the Common Council with a recommendation that the plan be approved as submitted, approved with modifications or disapproved.
   2. Within 30 days of the receipt of the Plan Commission's recommendations, the Council shall determine whether or not to initiate a proposed zoning change to permit the proposed PUD and to schedule the required public hearing.
   3. Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a final implementation plan and shall not make permissible any of the uses as proposed until a final implementation plan is submitted and approved for all or a portion of the general development plan.
5. Criteria for approval. Approval of the general development plan shall be granted only upon determination by the Plan Commission and Common Council that the preliminary development plan:
   1. Conforms with the development controls set forth in this article.
   2. Provides benefits to the City which outweigh its adverse effects; in making this determination, the Plan Commission and Common Council shall consider the following:
      1. Quality of site design, including integration of a variety of land uses, building types and densities, preservation of natural features; compatibility with adjacent land uses; provision and type of open space; provision of other amenities designed to benefit the general public.
      2. Traffic flow and safety.
      3. Adequacy of utilities and other public works.
      4. Impact on existing public facilities within the City.
      5. Potential fiscal impact.
6. Abandonment of project. In the event approval is granted, but prior to final approval, the applicant or developer elects to abandon said development plan and notifies the Commission in writing or fails to file for a final approval within the specified times, the approval shall be deemed to be revoked. All areas within the development plan which have not received final approval shall be controlled by the zoning and subdivision regulations applicable before the development plan and rezoning was approved, and the revocation of approval shall be noted on the Zoning District Map and in the records of the Plan Commission.
7. Final development plan.
   1. In the event the general development plan and the rezoning are granted tentative approval, with or without conditions, the applicant shall submit a final development plan or a final development plan of that segment to be developed first to the Zoning Administrator within one year from the date of tentative approval. In the case of a final development plan which provides for development over a period of more than one year, the time between submittals for final approval of each part of a final development plan shall be not less than 12 months.
   2. The final development plan shall consist of final versions of all statements and graphics presented in the general development plan as required in Subsection (c) of this section and must contain any revisions which are required by the Common Council at the time of tentative approval of the general development plan. The final development plan and any related materials shall be a specific and detailed plan for implementation of all or a part of the proposed planned unit development and shall be suitable for recording with the Marinette County Register of Deeds.
   3. Following a review of the final development plan, the Plan Commission shall recommend to the Council that it be approved as submitted, approved with modifications or disapproved.
   4. Upon receipt of the Plan Commission's recommendation, the Common Council shall review the final development plan and any related materials within 45 days and shall then approve, approve with modifications or disapprove the final development plan. The Common Council shall approve the final development plan only if the final development plan is in substantial compliance with the general development plan and in accordance with the provisions of Subsection (e) of this section.
8. Recording of final development plan and amendment of zoning district map.
   1. A final development plan, or any part thereof, which has received final approval shall be so certified by the Plan Commission and filed by the applicant or developer with the Marinette County Register of Deeds. Evidence of such recording shall be provided to the City in the form of one true and correct reproducible copy of the plan as recorded. No development shall proceed until such time as the final development plan has been placed on record. Upon the recording of the final development plan, the Zoning District Map shall be amended to designate the area covered by the recorded final development plan as a Planned Unit Development District.
   2. Following such action by the Commission, the zoning and subdivision regulations otherwise applicable to the land included in such final development plan shall cease to apply thereto and the recorded final development plan shall govern.
9. Zoning Administration; permits.
   1. The Zoning Administrator may issue permits for site or building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations.
   2. However, the Zoning Administrator shall not issue an occupancy permit for any building or structure shown on the development plan of any stage of the planned unit development unless the open space and public facilities allocated to that stage of the development schedule have been conveyed to the proper authorities. He shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable regulations and ordinances.
10. Enforcement.
    1. The developer shall begin construction of the PUD within 12 months of the date of the recording of the final development plan. The Plan Commission may grant in writing an extension of this time period of up to 12 months upon demonstration of good cause by the developer. If the developer fails to commence construction of the PUD within the specified time, the Plan Commission shall proceed with actions as specified in Subsection (j)(3) of this section.
    2. If the PUD is to be developed in stages, then the developer must begin the construction of each stage within the time limits specified in the final development plan. Construction in each phase shall include all the elements of that phase specified in the final development plan.
    3. The Plan Commission, or its designee, shall periodically monitor the construction of the PUD with respect to start of construction and development phasing. If the Plan Commission, or its designee, finds that either the developer has failed to begin development within the specified time period or that the developer is not proceeding in accordance with the approved development phasing with respect to either timing or construction of an approved mix of project elements, then the Plan Commission shall give written notice to the developer to appear before the Commission within 30 days to report on the status of the PUD. Upon review of the PUD, the Commission may extend the time for start of construction or the length of time needed to complete a phase, recommend that the developer amend the final development plan subject to the procedures specified in Subsection (k) of this section or terminate the project and repeal the zone change. When the Commission deems it necessary to terminate the project and repeal the zone change, it shall recommend to the Common Council that the Planned Unit Development District created for such project be nullified and the original zoning classification returned to the land herein. The repeal of the zone change shall subject to the procedures specified in Article XIV of this chapter. At the time of such zone change, existing completed or partially completed structures and uses thereon that do not conform to the regulations for the district in which located shall be deemed nonconforming as defined by this article.
11. Amendments to final development plan.
    1. After approval of the final development plan by the Common Council, the developer may seek amendments to the final development plan as recorded, only if difficulties are encountered in constructing the PUD which could not have reasonably been foreseen, such as with terrain or soil conditions or other complications.
    2. Minor changes in the location, siting and height of buildings and structures may be authorized by the Plan Commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:
       1. A change in the use or character of the development.
       2. An increase in overall coverage of structures.
       3. An increase in the intensity of use.
       4. An increase in the problems of traffic circulation and public utilities.
       5. A reduction in approved open space.
       6. A reduction of off-street parking and loading space.
       7. A reduction in required pavement widths.
    3. All other changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open spaces and changes other than listed above must be made by the Common Council after review and recommendation by the Plan Commission subject to the procedures specified in Subsection (d) of this section. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes which are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.

(Code 1991, § 13-1-43)