Planned unit development recognizes the need to vary the specific regulations of the city’s zoning ordinance to provide residential, commercial and industrial areas which match the creative approaches of the building industry with the unique land and housing demands of the city. This district is designed to allow more flexible regulations while preserving the purposes of this zoning ordinance.

(Ord. 1978-14, passed 5-22-1978)

   A building or land may be used, and a building may be erected or altered for any residential, commercial or industrial use which is part of a Planned Unit Development plan approved as provided in this chapter [article].

(Ord. 1978-14, passed 5-22-1978)

   (A)   A Planned Unit Development may be established for any parcel or tract of land that has a minimum size of ten (10) acres and dimensions susceptible to being planned and developed or redeveloped as a unit in a manner consistent with the intent and purpose for which planned unit development is permitted.

   (B)   In residential developments the non- residential uses must be planned and established primarily to serve the residents of the development. The developer shall follow the proposed time and order of completion approved by the Commission.

   (C)   A preliminary plan may be filed as provided in § 4 of this Article XIIA by at least fifty (50) percent of the residents of the proposed PUD District, at least fifty (50) percent of the owners of record of the land in the proposed PUD District, a nonresident developer, or by the Plan Commission itself.

(Ord. 1978-14, passed 5-22-1978)

   (A)   Procedure. A Planned Unit Development District shall be established by amending the Zoning District Map. The Plan Commission may, by resolution to the City Council, recommend approval of a Planned Unit Development District on any parcel or tract of land which is ten (10) acres or more in size and suitable to be planned and developed or redeveloped as a unit and in a manner consistent with the intent and purpose of this chapter [article] and with the comprehensive plan of the city.

   Rezoning and development under the planned unit development procedure will be permitted only in accordance with a detailed development plan and after approval of the plan by the Plan Commission in accordance with the standards of this district.

   (B)   Preliminary proposal. An application for approval of a Planned Unit Development shall first be presented in the form of a preliminary proposal and shall be filed with the City Clerk, who shall, after receipt of the same, transmit the same, including all documents relating thereto, to the Plan Commission, and shall notify the president of the Plan Commission and the City Council, in writing, of such receipt and transmittal. A filing fee of twenty-five dollars ($25.00) in the form of a certified check, made payable to the City of Paris, shall accompany said application.

   The preliminary proposal for a Planned Unit [Development] District shall be submitted in triplicate copies and shall comprise but not necessarily be limited to the following:

      (1)   A written explanation of the general character of the project and the manner in which it is planned to take advantage of the flexibility of the regulations.

      (2)   A legal description of the property proposed to be developed.

      (3)   A site plan prepared by a registered engineer, land surveyor or architect showing a generalized plan of the proposed Planned Unit Development sufficient to confirm the proposed development. The Plan Commission, when approving a preliminary proposal, shall not be bound by the location of anything shown on a map if, when placed on a plat or survey, there is any conflict or difference. The map or plat or survey shall indicate:

         (a)   The approximate residential density proposed for the entire project and, if the project is to be comprised of well-defined areas of varying types of residential development, the approximate density for each such area.

         (b)   The proposed height and bulk of buildings.

         (c)   The approximate percentage of the project land area to be covered by building and streets.

         (d)   The approximate number of institutional building units, dwelling units or combination of units proposed for the project.

         (e)   Proposed plan for handling traffic flow, parking, sewage disposal, drainage, water supply and other pertinent development features.

         (f)   Areas designated for common open space, whether to be dedicated to the public or to be privately maintained.

         (g)   Amenities to be provided within the proposed project.

         (h)   Existing zoning of the project site and adjacent properties.

         (i)   Generalized plan for utilities which will serve the project.

         (j)   Proposed time and order of completion.

         (k)   Outline of proposed covenants.

         (l)   Indication of conflicts with other parts of the Paris Code of Ordinances.

   Within thirty (30) days of the receipt by the Plan Commission of a preliminary proposal, the Plan Commission shall conduct in conformance with the procedures prescribed in Article XXII a public hearing on the proposal to rezone the subject property to the Planned Unit Development District.

   (C)   Plan Commission action. Within twenty-five (25) days after the public hearing the Plan Commission shall act to recommend to the City Council that it take action indicating a recommendation to the City Council that it:

      (a)   Take action indicating a favorable disposition toward rezoning of the subject property to the Planned Unit Development District for a development project of the nature being proposed, subject to approval of the preliminary plat for the project, or

      (b)   Reject the proposal.

   In either case, the Plan Commission shall set forth the reasons for its recommendation, and may, in the event of a favorable recommendation, specify particular items and conditions which should be incorporated in subsequent plat submittals.

(Ord. 1978-14, passed 5-22-1978)

   Upon receipt of the Plan Commission’s recommendation, the City Council shall act by resolution to either:

      (a)   Reject the proposal, or

      (b)   Accept the proposal.

   The acceptance may be conditional and if so, shall specifically state what additions or deletions from the proposed development as submitted shall be made in the preliminary plat. Any such conditions may include but are not limited to allowable density, height, bulk and location of buildings, provisions for open space and ratios of dwelling unit types to be included in the project. The City Council may require performance bonds to ensure the completion of streets, sidewalks, curbs, gutters and sewers. The City Council after recommendation from the Plan Commission shall approve a preliminary plat which complies with the proposal as accepted and conforms otherwise to the requirements for a preliminary plat as hereinafter set forth.

(Ord. 1978-14, passed 5-22-1978)

   Within six (6) months after the adoption by the City Council of a favorable resolution relative to a preliminary proposal, a preliminary plat of the Planned Unit Development project shall be submitted as required by the subdivision regulations. If that portion of the preliminary plat dealing with any particular stage of the development is approved unamended by the City Plan Commission, that portion of the preliminary plat may also serve as the final plat for that stage.

   Additional supporting material beyond that required by the subdivision regulation for a preliminary plat shall include a development schedule indicating:

      (1)   Stages in which project is intended to be built.

      (2)   Area.

      (3)   Number and sizes of dwelling units, including a breakdown of the number of one, two (2) and three (3) or more bedroom units.

      (4)   Land use.

      (5)   The use, approximate height, bulk, and location of buildings and other structures, floor area ratio.

      (6)   Public facilities such as open space to be developed with each stage.

      (7)   Off-street parking facilities.

      (8)   All utilities including storm drainage, sanitary sewers and water service.

      (9)   The overall design of each stage shall be shown on the plat and through supporting graphic material.

      (10)   Approximate date for beginning and completion of the Planned Unit Development project or each stage thereof.

      (11)   A draft of agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the Planned Unit Development and any of its common open space.

(Ord. 1978-14, passed 5-22-1978)

   Upon approval of the preliminary plat, in accordance with this section, the Plan Commission shall proceed to amend the zoning map by rezoning the subject property to a Planned Unit Development District classification. The public hearing held at the time of the preliminary proposal shall satisfy all hearing requirements for the rezoning action. The newly created Planned Unit Development District shall be valid only for the preliminary plat and support material upon which the amendment was based, copies of which shall be kept on file in the office of the City Clerk.

(Ord. 1978-14, passed 5-22-1978)

   If the zoning amendment is approved, final plats shall be prepared for each stage according to the development schedule. A reasonable time period for submittal of the final plat for each stage shall be agreed upon by the developer and the Plan Commission. In addition to information required by the subdivision regulations, the final plat and supporting material for each stage shall show in detail for that stage the design and use of all buildings and overall land development plans as well as such information the Plan Commission may require. Such supporting material shall include a statement from a bank or other lending institution indicating that development financing for that stage of the project is available.

   The final plats shall conform to the preliminary plat and supporting material, except that the Plan Commission may permit minor variations from the approved site development plan, at this time or during construction, which do not change the concept or intent of the approved preliminary plat. Major changes in number or sizes of dwelling units or height of buildings, reduction of proposed open space, changes in the development schedule, or final governing agreement, provisions, or covenants, or resubdivision may be approved only by submission of a new preliminary plat or applicable supporting material to the Plan Commission followed by the amendment procedure. The determination of what is a major change shall be made by the Plan Commission.

(Ord. 1978-14, passed 5-22-1978)

   (A)   Recording of final plat and supporting material. The Planned Unit Development project shall be developed only according to approved final plats and supporting materials. Upon approval of a final plat and supporting material by the Plan Commission, the City Clerk shall record said final plat; no filing fee will be charged other than that prescribed in the applicable subdivision control ordinance. The recorded plat and material shall be binding on the applicants, their successors, and assigns, and shall limit and control the uses of premises and location of structures in the Planned Unit Development project. Major changes in a recorded final plat and supporting material approved by the Plan Commission during construction shall be recorded upon completion of the Planned Unit Development project. The City Council and Plan Commission shall consider the approval of a final plat for a Planned Unit Development to be approved subject to revocation if construction falls more than one year behind the approved development schedule submitted as supporting material with the preliminary plat. The developer, its successors or assigns, may, however, be granted an extension of time at the discretion of the City Plan Commission.

   (B)   Abandonment, revocation or repeal prior to final plan. In the event that a development plan is given preliminary approval and thereafter, but prior to approval of a final development plan, the developer, its successors or assigns shall: (1) choose to abandon said plan and shall so notify the City Council in writing; or (2) shall fail to file a final plat within the required time period; then the preliminary plan shall be deemed to be revoked. When a preliminary plan is revoked, all that portion of the preliminary plan for which final approval has not been given shall be subject to those provisions of the zoning ordinance that were applicable thereto immediately prior to the approval of the preliminary plan, as they may be amended. The Plan Commission may recommend an ordinance repealing the Planned [Unit] Development District for that portion of the development that has not received final approval and reestablished the zoning ordinance provisions of the zoning ordinance that were applicable thereto immediately prior to the approval of the preliminary plan, as they may be amended. The Plan Commission may recommend an ordinance repealing the planned development district for that portion of the development that has not received final approval and reestablished the zoning ordinance provisions that would otherwise be applicable.

   (C)   Abandonment or failure to complete after final plan approved. In the event that a final development plan or part thereof is approved and thereafter the developer, its successors or assigns shall: (1) abandon part or all of said development plan and shall so notify the City Council in writing; or (2) shall fail to complete the planned development or part thereof, within the period of time agreed upon; then no development or further development shall take place on the property included in the development plan until after the said property has been reclassified by enactment of an amendment to the Zoning District Map.

   (D)   Development not meeting approved development plan. If the development of the Planned Unit Development fails to meet the approved development plan at any stage, the Plan Commission or City Council shall initiate proceedings to repeal the Planned Unit Development District, and to rezone the property to the district classification it held immediately prior to being zoned Planned Unit Development.

(Ord. 1978-14, passed 5-22-1978)

   (A)   The following standards shall be followed in a Planned Unit Development:

      (1)   The plan may provide for a variety of housing types.

      (2)   Height of particular buildings shall not be a basis for denial or approval of a plan, provided any structures in excess of sixty-five (65) feet shall be designed and platted to be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services.

      (3)   Architectural style of buildings shall not be a basis for denying approval of a plan.

      (4)   A plan may provide for a greater number of dwelling units per acre than would be permitted by the regulations otherwise applicable to the site. The developer has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property.

      (5)   The size and configuration of the proposed site shall not be a basis for denying approval of a Planned Unit Development. The approval of a Planned Unit Development will be based on the site plan of design.

      (6)   The Plan Commission may approve the Planned Unit Development only if they find that the development plan contains areas to be allocated for common open space which satisfy the following standards governing the usability and quality of common open space:

         (a)   The location, shape, size, and character of the common open space must be suitable for the Planned Unit Development.

         (b)   Common open space must be used for amenity or recreational purposes and may not be used for parking areas and service or maintenance facilities. The uses authorized for the common open space must be appropriate to the scale and character of the Planned Unit Development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.

         (c)   Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized on the common open space and must conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition. The development schedule which is a part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the Planned Unit Development.

         (d)   The construction and provision of all of the common open space and recreational facilities which are shown on the final plat must proceed at the same rate as the construction of dwelling units.

(Ord. 1978-14, passed 5-22-1978)

   (A)   Coordination requirements and modifications of specifications. It is the intent of the planned unit development ordinance that subdivision review under the subdivision regulations of the Paris Code of Ordinances be carried out simultaneously with the review of the Planned Unit Development as set forth under this ordinance. The plans and plats required under this planned unit development ordinance must be submitted in a form which will satisfy the requirements of the subdivision control ordinance of the preliminary and final plans and plats required under those regulations. However, the uniqueness of each proposal for a Planned Unit Development may require that the specifications for the width and surfacing of streets and highways, ways for public utilities, curbs, gutters, sidewalks, street lights, public parks, storm water drainage, water supply and distribution, and sanitary sewers established in the subdivision ordinance adopted and amended from time to time, shall be subject to modifications or waived. The Plan Commission may therefore waive or modify the specifications otherwise applicable for a particular facility where the Plan Commission finds that such specifications are not required in the interests of the residents of the Planned Unit Development and that the modifications of such specifications are not inconsistent with the interests of the entire community.

(Ord. 1978-14, passed 5-22-1978)