The provisions of this section are intended for special situations in which:

A.

Adequate space, light, air, and other objectives of this title relating to the public health, safety, and welfare can be achieved without the literal application of the detailed zoning and subdivision requirements otherwise applicable; and

B.

Special amenities and benefits to the community beyond those required by this and other city ordinances can be achieved by allowing more flexible design than is otherwise permitted by city zoning and subdivision regulations.

These objectives can be achieved where a substantial area of land is planned for development as an integrated unit and where its design is subject to more detailed review and approval by the city than is normally required.

The objective of planned unit development (PUD) is therefore not simply to allow exceptions to otherwise applicable regulations. It is instead to encourage a higher level of design and amenity than it is possible to achieve under the usual land development requirements.

It is therefore the intent of the city to suspend the application of detailed zoning and subdivision standards as provided herein only where such special amenity is achieved. In this way the city may grant the creative developer a desirable flexibility and at the same time not only protect but enhance the welfare of the residents and other users of a development as well as the rest of the community.

A planned unit development may be developed in any district in which planned unit developments are allowed as conditional uses.

No development shall be filed as a planned unit development unless it:

A.

Is at least two acres in size; and

B.

Contains two or more detached buildings accommodating principal uses; and

C.

Is under single ownership and/or unified control until fully developed.

A planned unit development may be residential, commercial, industrial, or a combination thereof. Flexibility to suspend requirements imposed elsewhere is not conferred upon the PUD applicant as a matter of right but is in all cases subject to a finding by the city that the objectives of these provisions will be served thereby.

(Ord. No. 2019-ZO-2, § 4, 3-7-2019)

To further a superior level of design and amenity in new development, the following incentives are offered in planned unit developments:

A.

Variable Density and Dimensional Zoning Standards. Standards for minimum lot area, lot width, building height, floor area ratio, yard dimensions, off-street parking and loading, landscaping and screening, fences, and signs may vary from those established elsewhere in this title.

The applicable standard for minimum lot area per dwelling unit may be reduced by a maximum of fifteen percent.

B.

More Than One Principal Building Per Lot. In a planned unit development more than one principal building may be located on a lot.

C.

Variable Subdivision Design Standards. Design standards for subdivisions and subdivision improvements such as streets, blocks, sidewalks and parkways, and open space dedication, may vary from those established in the city subdivision control ordinance.

A.

Site Plan Review. Whether or not a land subdivision is involved, preliminary and final plans for the development shall be filed and approved by the city in conformance with the provisions of Table 2, Required Contents of Site Plan in the Filing Procedures section of this title.

B.

Required Common Open Space. A minimum of twenty percent of the net site area in residential use in each phase shall be used for permanent common open space as defined herein.

C.

Quality of Design. To be granted the flexibility permitted under these regulations, a planned unit development must evidence a level of design and amenity exceeding that typical of conventional development.

Among the features that may evidence such amenity are:

1.

Amount and quality of landscaping;

2.

Amount, quality, and interconnectedness of common open space;

3.

Provision of pedestrian or bicycle paths separated from streets;

4.

Preservation of drainageways and other natural features;

5.

Provision of common recreational facilities;

6.

Enclosed, underground, depressed, or outstandingly landscaped parking areas;

7.

Varied building setbacks or other measures to reduce monotony in design; and

8.

Other features as determined by the city council.

D.

Underground Utilities. All utility lines within a planned unit development are required to be underground. Appurtenances to utility systems that are effectively screened may be permitted above ground if the city council finds that they will not be detrimental to the character of the development.

E.

Phasing of Development. Land designated for future construction phases and other land not intended for immediate improvement shall be landscaped or otherwise maintained, with a neat and orderly appearance as specified by the city council.

F.

Peripheral. Requirements for lot lines along the periphery of PUD's shall be provided as required by the regulations of the district in which said development is located.

Preliminary plans and final plans for planned unit developments shall be approved only in conformance with the approval process provided in the filing procedures section of this title and the approval criteria for planned unit developments provided in this title.

A PUD review committee is hereby authorized to review filings for planned unit developments.

The membership of the committee shall include, but not be limited to, the mayor, the city attorney, the code enforcement official, the city engineer, the chairman of the zoning board of appeals, the chairman of the building and construction committee of the city council, and any others appointed thereto by the mayor with the advice and consent of the city council. The committee may seek technical assistance from such other sources as it deems necessary.

The committee may advise and assist applicants for planned unit development approval in meeting city objectives but shall have no power to approve or disapprove any filing or in any way restrict the applicant's right to seek formal approval thereof from the city council.

The committee shall, within thirty days after completing it's review of any filing, submit to the zoning board the complete filing together with a written report noting any deficiencies in compliance with the requirements herein and any recommendations for improvement of the planned unit development to better reflect the objectives of these provisions. A copy of the committee's report shall also be sent to the applicant.

A.

Filing of Final Plan. Approval of preliminary plan for a planned unit development shall become void unless the applicant submits a final plan substantially in conformance therewith and meeting the requirements of Table 2, Required Contents of Site Plan in the filing procedures section of this title within twelve months of the date of approval of the preliminary plan, or within any extension beyond this period granted by the city council. The final plan may be filed in phases, but the plan required within this period shall include no less than twenty-five percent of the land area included in the preliminary plan.

The final plan may be filed simultaneously with the preliminary plan. The approval process for a final plan shall be as provided under approval process in the filing procedures section of this title.

B.

Recording of Final Plan. The final plan as approved by the city council shall be filed with the county recorder of deeds as the final plat for the PUD. No permit allowing the construction of any improvement shall be issued before the final plan is recorded. The applicant shall pay all recording costs.

C.

Amendments to Approved Plan. Approval of an amendment shall be required for:

1.

Any material change or addition made to:

a.

An approved preliminary plan; or

b.

An approved final plan; or for

2.

A final plan that does not conform to the preliminary plan approved by the city council.

An applicant seeking approval of an amendment shall file an application thereof with the code enforcement official. The application shall describe the amendment sought and provide such other information as the zoning board may require. It shall be accompanied by twenty copies of the proposed amendment and a filing fee.

If the zoning board determines that the amendment sought is a substantial change as defined herein, the approval process set forth herein for preliminary plans and final plans shall be followed. Otherwise, the board shall, within sixty days of receiving the application for amendment, file a written report with the city council including findings of fact and a recommendation for action on the amendment.

A substantial change to a planned unit development shall be any of the following changes from the previously approved plan:

1.

Any change in land use type or housing type

2.

A change in the location of any structure, off-street parking or loading area, common open space area, or any area or right-of-way to be conveyed to or reserved for a public body, by more than ten feet in any direction, or a change in the spacing between any two structures by more than ten percent.

3.

A change of more than ten percent in any non-locational quantitative specification of the previously approved plan, including:

a.

Any dimension of any lot, yard, structure, or pedestrian or vehicular thoroughfare;

b.

Any residential density;

c.

Amount of common open space acreage;

d.

Utility line capacity;

e.

Amount of floor area of non-residential development;

f.

Amount of land to be conveyed to or reserved for any public body;

g.

Size or capacity of any off-street parking or loading area;

h.

Amount or dimensions of existing or proposed tree or ground cover, landscaping, or screening.

4.

Any other change that causes the development to fall short of meeting the requirements of any applicable zoning district to any greater degree than already provided on the previously approved plan.

The city council shall approve, conditionally approve, or disapprove the amendment. An amended final plan shall be recorded in accordance with the provisions herein governing recording of a final plan.

D.

Revocation of Approval of Final Plan. The city council may revoke its approval of a final plan for a planned unit development or any phase thereof in any of the following circumstances:

1.

If construction does not begin within one year after approval of the plan.

2.

If construction is not completed within the time specified in the approved construction schedule or any extension thereof granted by the city council.

3.

If applicable provisions of this title are not complied with.

In any such instance the city council shall give the applicant fifteen days notice to appear before the council to answer any charge of non-compliance.

If the council finds that the applicant is not in compliance, it may revoke approval if the planned unit development is not brought into compliance within a period it specifies.

In recommending approval or conditional approval of a preliminary or final plan for a planned unit development (PUD), the zoning board shall transmit to the city council written findings of fact that the application meets all of the criteria below, or will meet them when the board's conditions are complied with. The city council shall not be bound by the recommendation of the zoning board, but in granting approval or conditional approval, the council shall also find that all of the following criteria are met or will be met when any conditions to which the approval is made subject are complied with:

A.

Superior Design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and that solely on this basis modifications to the use and design standards established by such regulations are warranted.

B.

Meets PUD Requirements. The PUD meets the requirements for planned unit developments set forth in this title and that no modifications to the use and design standards otherwise applicable are allowed other than those permitted herein.

C.

Consistent With City Plan. The PUD is generally consistent with the objectives of the current city comprehensive plan as viewed in light of any changed conditions since the adoption thereof.

D.

Public Welfare. The PUD will not be detrimental to the public health, safety, morals, or general welfare.

E.

Compatible With Environs. Neither the PUD nor any portion thereof will be injurious to the use and enjoyment of other properties in its vicinity, seriously impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.

F.

Natural Features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as flood plains, flood ways, wooded areas, natural drainageways, or other areas of sensitive or valuable environmental character.

G.

Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking, and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity, and design to ensure safe and efficient circulation of automobiles, trucks, bicycles, pedestrians, fire trucks, garbage trucks, and snow plows as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.

H.

Open Spaces and Landscaping. The quality and quantity of common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape, and location of a substantial portion of total common open space provided in residential areas render it usable for recreation purposes.

Open space between all buildings is adequate to allow for light and air, access by fire fighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.

I.

Covenants. Where individual parcels are to be later sold, adequate provision has been made in the form of deed, restrictions, homeowners or condominium associations, or the like for:

1.

The preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the city or another public body;

2.

Such control of the use and exterior design of individual structures as is necessary for continuing conformance to the PUD plan, such provision to be binding on all future ownership.

J.

Public Services. The land uses, intensities, and phasing of the PUD are consistent with the anticipated ability of the city, the school districts, and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools, and other public facilities and services without placing undue burden on existing residents and businesses.

K.

Phasing. Each proposed development phase of the PUD can, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed.