To permit greater flexibility in the use and design of structures and land in situations where modifications of specific provisions of this Ordinance will not be contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood in which they occur. A planned unit development (PUD) should result in development which maximizes the provision of open space, preserves natural features and provides a harmonious arrangement of structures and uses. More than one principal use and/or structure per lot may be permitted.

A.

In order to receive consideration by the planning commission, a proposed planned unit development shall:

1.

Be located on a parcel at least two acres in size.

2.

Provide for open space and preservation of natural features; clustered development and similar design methods are encouraged.

3.

Minimize the amount of impervious surface created.

4.

Provide a harmonious and efficient arrangement of all structures and uses in relation to topography, the size and type of plot, the character of adjoining property and the type and size of buildings. Arrangements of buildings shall be done in such a way to utilize natural topography, existing vegetation and views within and beyond the site.

A.

The applicant shall submit an application to the planning commission in accordance with the procedures in section 504 through section 507.

B.

In acting upon the application, the planning commission may alter setback requirements, building size limits, off-street parking regulations, landscaping rules and density and intensity limits. It may also authorize uses not permitted in the district.

C.

The provisions of this section shall be applied to the existing zoning district, as defined on the zoning map where the PUD is to be located.

Prior to preparing a formal application, the applicant shall meet with the planning commission to discuss the proposed development and application procedures. No decision regarding any proposed PUD is to be reached at this conference.

A.

Following the preliminary conference, the applicant shall prepare and submit ten copies of the preliminary application which consists of the following written and graphic documents, together with any fee(s) which have been imposed by the city council:

1.

A written description of the proposed PUD, including:

a.

How the proposed PUD is consistent with the intent of section 501 and with the eligibility requirement in section 502.

b.

A statement identifying all intended uses, including future sales or leasing arrangements of all or portions of the proposed PUD.

c.

A legal description of the proposed PUD parcel.

d.

A listing of all owners, holders of easements and other interested parties.

e.

A projected assessment of demands upon the public services and utilities, including, but not limited to: water, sewer, electrical service, streets and roads, sidewalks, refuse disposal and emergency services.

2.

A preliminary site plan shall illustrate the proposed activity, and shall include the following information. If the preliminary site plan has been prepared in digital format (.dwg, .dxf, etc.), a copy shall be provided to the planning commission.

a.

The legal description and street address of the lot(s).

b.

The name, address and telephone number of the owner, developer and/or designer.

c.

The date the site plan was prepared.

d.

North arrow and scale.

e.

The actual dimensions of the lot(s) as shown by a licensed surveyor, engineer, architect or registered landscape architect with survey stakes visible. The requirement for a survey may be waived if existing building dimensions will not change as a result of the proposed activity.

f.

The relationship of the subject lot(s) to abutting properties.

g.

Depiction of all existing structures, including signs, on the subject lot(s) shown to scale.

h.

The dimensions of all proposed structures on the subject lot(s), including height of the proposed buildings.

i.

Distances between existing structures and proposed structures on the subject lot(s) and distance between lot lines and proposed structures.

j.

Use of all existing or proposed structures on the subject lot(s).

k.

The location of all proposed fences and planting screens or other buffers.

l.

The location and road right-of-way widths of all streets, alleys, private road easements and/or railroads located within or abutting the subject lot(s). Named streets should be labeled.

m.

The location of all existing and proposed ingress/egress points, sidewalks, driveways and parking areas on the subject lot(s).

n.

The locations of existing ingress/egress points, driveways, streets, alleys and/or railroads within 300 feet of the boundaries of the subject lot(s).

o.

The size and location of all existing and proposed public and private utilities.

p.

The location of natural features affecting development, such as rock outcrops, water, wetlands, etc.

q.

The location of existing and proposed surface water impoundments and surface water drainage pattern.

r.

The location and extent of all planned earth movement. Indicate status of any necessary permits, such as sedimentation and soil erosion permit, wetlands permit, etc.

s.

Any other information necessary, in the opinion of the zoning administrator, to establish compliance with this Ordinance or any other applicable ordinances.

3.

A schedule for development, proposed covenants or deed restrictions, proposed maintenance agreements for open space or common ownership areas; and a description of the type of financial guarantees to be utilized to ensure PUD development.

4.

Any other information the planning commission may reasonably require showing the applicant's intent for the development and viability of the proposal.

5.

The applicant may request that the requirement for a final application be waived, and include all of the information required for a final application be submitted as the preliminary application. If, upon submittal, the zoning administrator finds that all items required by section 505 A.(1) through (4) above, and section 506 A.(1) through (5), are included, the requirement for a final application and final public hearing may be waived. If the final application is waived, the public hearing notice and all other materials pertaining to the preliminary application should clearly state that the final application requirement has been waived, and that no further public hearings on this application are anticipated.

B.

All application materials must be received in the office of the zoning administrator before a public hearing notice can be submitted for publication.

C.

The planning commission shall hold a public hearing to review the preliminary application. In making its review of any portion of the PUD preliminary application, the planning commission shall find that the proposed PUD is consistent with the standards outlined in section 508 and section 1304 and other relevant provisions of this Ordinance. Following the review, the planning commission shall approve, approve with conditions or subject to modifications, or deny the preliminary application. Action taken on the preliminary application shall be specified in writing, including the reasons for approval or denial of the application, and any conditions imposed as part of approval with conditions.

D.

Approval of the preliminary application does not constitute recording of the plan or plot nor authorize the issuance of building permits.

E.

Within a maximum of 12 months following preliminary approval, the applicant shall file for final application as outlined below. For good cause, the planning commission may extend this time period for six months. If the applicant fails to apply for the final application for any reason, preliminary approval or preliminary conditional approval shall be revoked.

A.

Following approval or approval with conditions of the preliminary application, the applicant shall prepare and submit ten copies of a final application which shall include:

1.

All information required by the planning commission for preliminary approval or conditional approval of the preliminary application, including any modifications required to meet conditions imposed on the preliminary application.

2.

Signed copies of any preliminary plat, in accordance with the Land Division Act (Act 288 of 1967, as amended).

3.

A detailed development time schedule.

4.

Deed restrictions or covenants of the parcel.

5.

Any other plans, documentation or specifications, as the planning commission may require, to ensure final engineering review and approval, which may include building plans, elevation and perspective drawings, drainage, road or other facility designs and letters of commitment or intent insuring adequate financing for public utilities and/or services.

B.

All the application materials must be received in the office of the zoning administrator before a public hearing notice can be submitted for publication.

C.

The planning commission shall hold a public hearing to determine whether or not the final plans conform to the approved preliminary development plan and are in proper form for final recording. Action taken on the final application shall be specified in writing, including the reasons for approval or denial of the application, and any conditions imposed as part of approval with conditions.

A.

When the planning commission determines that the final application is consistent with this article and other requirements and is in proper form for recording, it shall authorize a PUD conditional use permit for development and use in accordance with the final accepted development plan. Authorizing the PUD conditional use permit shall not obligate the planning commission or the city council to enforce any deed restrictions or covenants of the development parcel.

B.

The PUD conditional use permit shall be issued following evidence of recording of the PUD final development plan with the Dickinson County Register of Deeds.

A.

All preliminary and final applications shall be evaluated with respect to the following standards:

1.

Dimensional requirements: Yard, setback, lot size, type of dwelling unit, height and frontage requirements and restrictions may be waived for the PUD, provided, however, that the spirit and intent of this section as defined in the intent statement, are incorporated within the total development plan. The planning commission may determine that certain setbacks be established within all or a portion of the perimeter of the site, and shall determine the suitability of the total development plan in accordance with the intent of this article.

2.

Access: Every structure or dwelling unit shall have access to a public street, or to a private roadway built to county specifications and dedicated to common use. A maintenance agreement shall be required for private roadways.

3.

Sidewalks: In areas of residential development and significant pedestrian use, streets and roadways shall have a sidewalk at least four feet in width on at least one side of the street or roadway. A planting strip of at least two feet shall separate the sidewalk from the roadway. This standard may be modified by the planning commission based on site specifics.

4.

Pathway/walkway: As an alternative to sidewalks, a pathway/walkway may be constructed to accommodate pedestrian/non-motorized use. The pathway/ walkway shall be at least four feet in width and located to convenient for pedestrian use. Depending on the expected traffic volume, the pathway/walkway could be the side of the road, striped to separate vehicle traffic from the pedestrian, bicycle use.

5.

Land usage: Structures and uses shown on the development plan shall be arranged so as not to be detrimental to existing or proposed structures within the development or surrounding neighborhood.

6.

Privacy: Each development shall provide reasonable visual and acoustical privacy or provide for reasonable spatial separation for dwelling units. Fences, walks, barriers, and landscaping or open space shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise.

7.

Off-street parking: Parking convenient to all dwelling units and other uses shall be provided pursuant to the requirements of sections 801, 803, 804 and 805. Common driveways, parking areas, walks, or steps may be required together with appropriate lighting, in order to insure the safety of the occupants and the general public. Screening of parking and service areas may be required through use of trees, shrubs, hedges or screening walls.

8.

Utilities: PUD's shall, where feasible, provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. In no instance shall the PUD place demands in excess of the capabilities of the affected public facilities and services.

9.

Planting: The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; additional new landscaping shall be added where feasible for privacy, shade, beauty of buildings and grounds, and to screen out objectionable features.

10.

Review standards: The PUD shall be consistent with the standards outlined in section 1304 and other relevant provisions of this Ordinance.

A.

Changes in the location site or character of the building and structures may be authorized by the planning commission, if required by engineering or other circumstances not foreseen at the time the final development plan was approved.

B.

Changes which cause a change in the use, character, or intent of the development, an increase in the intensity of use, changes in the overall coverage of the structures, or problems of traffic circulation, utility services, or similar services, or a reduction in the approved open space, off-street parking and loading space, or pavement width requirements may be authorized by the planning commission following a public hearing. The public hearing notice shall be published no less than 15 days prior to the public hearing.

C.

Changes which are approved must be made and recorded in accordance with the procedures established for the recording of the initial final development plan.