A planned unit development-mixed use (PUD-MU), district may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in article I, section 1-11 and article VIII.2 of the zoning ordinance with densities and uses in locations in accordance with recommendations of the comprehensive plan. These districts are intended to serve as neighborhoods or mini-neighborhoods integrating business, retail, cultural, recreational and residential uses in designated communities. These regulations are specific to the PUD-MU Overlay District and are also subject to all requirements and provisions of article VIII.2. of this ordinance.

To encourage the community function, appropriate commercial uses are provided in addition to a variety of residential uses. It is intended that commercial development be provided at a scale appropriate to support the residential uses within the PUD-MU, provided that additional commercial activity may be permitted upon a finding that the area in which the PUD-MU is to be located is not adequately served by such use.

Mixed use development proposals shall address the following objectives:

(a)

Promote a more efficient use of land over conventional development;

(b)

Produce superior quality in development design and construction;

(c)

Produce a pedestrian-friendly environment to reduce vehicular trips within the community;

(d)

Create an appropriately balanced mix of residential and nonresidential uses that respects the underlying land use objectives of the comprehensive plan;

(e)

Provide alternative housing choices and opportunities; and

(f)

Promote the assemblage of smaller parcels to enhance a unified development concept otherwise not achievable through traditional independent development practices.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

Within residential areas approved on the master plan, permitted uses shall be as follows subject to the requirements and limitations of this ordinance:

(a)

By right.

(1)

Detached single-family dwellings;

(2)

Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses;

(3)

Multi-family dwellings;

(4)

Private roads, driveways, parking spaces, aisles and alleys;

(5)

Parks, playgrounds, clubhouses and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms and similar uses, subject to Americans with Disabilities Act (ADA) requirements;

(6)

Privately owned electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances;

(7)

Public uses and buildings including facilities such as community centers, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies, main lines or trunk lines for public water and sewer transmission, pumping stations and similar uses;

(8)

Temporary construction uses with valid permits;

(9)

Accessory uses and structures including home occupation, in accordance with section 1-23 and article XIV of the city zoning ordinance; and

(10)

Stormwater management facilities shown on the approved final site plan or subdivision plat.

(b)

By conditional use permit. The following uses shall be permitted only by conditional use permit, provided a separate application shall not be required for any such use included in the original PUD-MU rezoning petition:

(1)

Child or adult day care facilities;

(2)

Public schools;

(3)

Nursing, convalescent, assisted living, retirement and similar institutions;

(4)

Regional electrical power substations, transmission lines and related towers, gas or oil transmission lines, pumping stations and appurtenances, and unmanned telephone exchange centers; and

(5)

Stand-alone parking facilities.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

In general, business/commercial/service areas and uses should have adequate visibility and access from public streets. Furthermore, uses that generate high traffic volumes should be oriented along Victory Boulevard. Within these business/commercial/service areas as approved on the master plan, permitted uses shall be as follows subject to the requirements and limitations of this ordinance:

(a)

By right.

(1)

Offices for professionals such as lawyers, architects, accountants, doctors, dentists and consultants;

(2)

Retail sales of grocery, personal and household goods and wares, flowers, plants, books, pharmaceuticals, antiques, crafts, etc. Repair of such uses is also permitted. No individual use shall occupy more than 15,000 square feet of floor area without a conditional use permit;

(3)

Eateries to include restaurants, bakeries, confectioneries, coffee houses, cafes, bars and delis;

(4)

Personal service shops such as barbershops, hairdresser, shoe repair and tailors;

(5)

Financial institutions;

(6)

Studios for the performing arts;

(7)

Theaters for the performing arts, including motion picture;

(8)

Child and adult day care, convalescent/nursing care, assisted living and retirement facilities;

(9)

Public and private educational facilities;

(10)

Community recreational facilities;

(11)

Accessory structures and uses customarily incidental to the above permitted uses occupying no more area than 50 percent of the primary use; and

(12)

Mixed-use buildings with business, commercial or service uses on the ground floor and residential or office uses on the upper floors. Further, where there is mixed business/office and residential uses in a building, there shall be provided a separate, private entranceway for the residential use(s). Ground floor business, commercial, or service uses shall not exceed 15,000 square feet per use.

(b)

By conditional use permit. The following uses shall be permitted only by conditional use permit provided a separate application shall not be required for any such uses included in the original PUD-MU rezoning petition:

(1)

Hospitals or emergency care facilities, including animal hospitals.

(2)

Business, commercial and service uses occupying more than 15,000 square feet of interior floor area or requiring outdoor storage, display or service activities occupying more than 50 percent of the accompanying indoor space;

(3)

Automobile, equipment or engine sales, repair or detailing services;

(4)

Fuel sales;

(5)

Uses with drive thru or drive in facilities located adjacent to single-family residential uses;

(6)

Convenience stores with fuel sales;

(7)

Funeral homes if located adjacent to single-family residential uses, otherwise permitted by right;

(8)

Places of worship, including accessory parochial schools, day care services and cemeteries located adjacent to single-family residential uses, otherwise permitted by right; and

(9)

Motels and hotels with accessory/subordinate use such as restaurants and conference and convention facilities.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

(1)

Minimum area required for the establishment of a PUD-MU district shall be five acres.

(2)

Additional area may be added to an established PUD-MU district if it adjoins and forms a logical addition to the approved development. The procedure for an addition shall be the same as if an original application was filed, and all requirements shall apply except the minimum acreage requirement of this section.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

(a)

Open space. A minimum of 20 percent of the project area as shown on the master plan shall be designated as open space.

(1)

A 40-foot wide landscaped or naturally wooded buffer shall be maintained around the perimeter of the project area and can be included in the open space requirement.

a.

An existing naturally wooded buffer shall be maintained where it is present within the required buffer on property or properties pre-development.

b.

Landscaping, consisting of native plantings, shall be required in cases where a naturally wooded buffer, as defined in this ordinance, is not present in areas 400 square feet or greater.

i.

Landscaping plantings shall generally be calculated at the following rate per 400 square feet, with total numbers of trees as nearly approximate to total number of shrubs or vice versa as possible:

1.

One canopy tree (130 square foot planting area),

2.

Two understory trees (90 square feet each of planting area)

3.

Three shrubs, at least six feet in height at maturity (30 square feet each of planting area)

4.

In lieu of a canopy tree, adjusted numbers of understory trees and/or shrubs shall be required as determined in accord with this section.

ii.

For areas not divisible by 400 square feet by a natural number, the closest combination of canopy trees, and/or understory trees and shrubs, to a one-to-one relationship of square footage of planting space to square feet used for plantings, shall be required in areas to be utilized as landscaped buffers.

1.

Where square feet used for plantings exceeds square footage available by no more than 15 square feet, shrubs less than six feet in height at maturity may be used to ensure survivability.

2.

Where square feet used for plantings is less than square footage available by no more than 15 square feet, the remaining square feet shall be planted in grass or nonwoody plants.

(2)

Credits for open space may be given for enhanced landscaping and/or other amenities as deemed appropriate by the city council during district approval of the master plan.

(3)

The 40-foot perimeter buffer requirement can be waived, upon application by the developer, by city council if the proposed district's perimeter boundary lies adjacent to property subject to the same PUD-MU district designation in the comprehensive plan. However, the perimeter buffer cannot be waived if an adjoining parcel is developed per the uses allowed in the respective underlying zoning district unless said adjacent parcel has been developed for commercial purposes, in such case council may allow for a buffer reduction of up to 20 feet.

(4)

In areas where waivers in accord with this Article are granted and render a naturally wooded buffer and/or landscaping as defined in this ordinance ineffective, fences /walls in accord with section 8.4-10 shall be utilized.

(b)

Uses permitted in open space. Open space may be maintained in either its natural or an enhanced state and in accord with section 8.4-5 above as shown and noted in the landscape plan of the development as required in the application process for a planned development district. Where deemed appropriate by the city council, open space exclusive of areas used to provide a 40-foot perimeter buffer may be used for one or more of the following uses subject to the regulations of the zoning district in which the development is located and subject to local, state and federal approvals:

(1)

Noncommercial recreational structures and uses;

(2)

Public utilities and maintenance easements beyond what is minimally necessary for the development. These utilities and maintenance easements shall cross the 40-foot perimeter buffer to a minimal extent to provide service and shall not meander through the 40-foot perimeter buffer;

(3)

Stormwater management facilities to include significant drainage swales and maintenance easements;

(4)

Nontidal wetlands and land designated as a special flood hazard area by the city's flood insurance risk map and 100-foot resource protection area buffer; and

(5)

Areas to provide reasonable buffering between dissimilar uses within such development, which may include walls or fencing.

Redesign of such proposed development may be necessary to accommodate open space areas as may be required under this provision; provided that, in no case, shall such redesign result in reduction of the total number of proposed dwelling units otherwise realizable under this ordinance for conventional development.

(c)

Ownership of open space. In general open space shall be in private ownership and shall be protected by legal arrangement sufficient to ensure its perpetual maintenance and preservation for purposes for which it is intended. Such arrangement shall be subject to the zoning administrator's approval as a part of the site development plan and/or subdivision plat approval process. Open space may be dedicated for public use subject to approval and acceptance by separate resolution of the city council. Open space so dedicated shall be counted as a part of the minimum required open space.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1494, § 1, 6-23-2014; Ord. No. 1692, § 1, 9-13-2021)

(a)

The gross and net residential densities permitted in a PUD-MU district shall be shown on the approved master plan. The overall gross density shall be determined on a case-by-case basis in consideration of the character of the project, property and surrounding area, the anticipated fiscal and service impact of the project and any other factors the city council deems appropriate. However, in no case shall residential density exceed 12 dwelling units per acre as recommended by the comprehensive plan.

(b)

For the purposes of this article, delineated and declared nontidal wetlands may be utilized in calculating residential unit yield in a PUD-MU district. Such wetlands, when used for such purpose, shall be incorporated into open space and perpetually maintained and protected from disturbance by establishment of a conservation easement that shall be recorded with the approved recordation plat of the development. The percentage of nontidal wetlands credit within a project boundary may vary from 50 percent to 100 percent provided that the 12 unit per acre maximum residential density yield is reduced by one unit for every 10 percent of nontidal wetland credit granted over 50 percent. The utilized wetlands must be located within the same project boundary as the residential dwellings. Nontidal wetlands used for density calculation cannot be used as credit in calculating open space requirements prescribed in section 8.4-5 of this article. Tidal wetlands are not subject to this credit allowance.

(c)

Community recreational facilities such as playgrounds, parks and swimming pools shall be provided at a scale and design appropriate to support the residential component of the PUD-MU district, subject to Americans with Disabilities Act (ADA) requirements. Such facilities shall be located within areas commonly owned and maintained by the development's homeowner's association. The facilities shall be designed and located in areas easily accessible by residents of the development.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

Business/commercial/service areas are intended to be of a scale, character and location appropriate to provide convenient services for the residents and visitors of the PUD-MU district. To this end, where practical, business/commercial/service areas should be oriented with emphasis on internal pedestrian access. Total business/commercial/service area shall be based on dwellings served. The size of individual establishments shall be limited to avoid the impression of a large scale general commercial district absent of residential, recreational and cultural components. Development applications are encouraged to orient more intense uses of the district on public streets at the gateway to the community to enhance function and visibility and further enhance sustainability and viability of the use and the community served.

(a)

The total gross floor area of uses permitted in business/commercial/service areas shall be determined on a case-by-case basis in consideration of the project's objective and character and any other factor deemed appropriate by the city council. As a guideline, project proposals should be developed with the objective of providing at least 500 square feet of commercial/business/service floor area for every one acre of developed land within the PUD-MU project. Outdoor display of service or sales areas shall be included in gross floor area calculations.

(b)

Construction within the PUD-MU district shall be sequenced in accordance with a project build-out schedule to be approved by city council with the master plan approval. The purpose of such development schedule is to provide assurances to the city council that the project will include both nonresidential and residential elements at certain milestones and/or at build-out. As a guideline, no more than 75 percent of residential units shall be occupied for dwelling purposes until infrastructure, including, but not limited to access, utilities and stormwater, supporting the nonresidential areas is installed and accepted by the city. In cases where construction of nonresidential buildings is not completed at 100 percent occupancy of residential uses, the future architectural design and site layout of the pending nonresidential structure will be subject to an independent site plan review and administrative approval process regulated by the city site plan ordinance. If the zoning administrator finds that the proposed design and/or use of the nonresidential structure is consistent with the overall character of the PUD-MU district previously approved by city council, the zoning administrator shall refer the independent development proposal to the city council for review and approval as set forth in article VIII.2 of the zoning ordinance.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

The following shall apply for residential and commercial areas unless otherwise specified by city council during rezoning application approval:

(a)

Height regulations. Within the PUD-MU district, city council shall establish maximum building height standards at the time of master plan approval.

(b)

Building separation for residential structures. Within the PUD-MU district, city council shall establish minimum building separation standards at the time of master plan approval. In the absence of city council action, setbacks shall be 10 feet for side yards and 20 feet for rear yards.

(c)

Minimum building setback, lot area and yard regulations.

(1)

Internal. Within the PUD-MU district, there is no minimum lot area and city council shall establish minimum setback and yard requirements at the time of establishment of such district with the exception of the following front yard requirements:

a.

Single-family detached and attached single-family dwellings with attached front-load garages shall be setback 15 feet from the right-of-way line on a public street or the inner edge of pavement on a private street. The established front yard area shall be improved with a public pedestrian pathway and landscaping treatment.

b.

Multi-family dwellings and attached single-family dwelling structures with no attached garages shall be setback ten feet from the right-of-way line on a public street or from the inner edge of pavement on a private street. The front yard area shall be improved with a pedestrian pathway and landscaping treatment.

c.

Structures, including mixed use buildings, shall be setback from Victory Boulevard according to the front yard requirements prescribed in the underlying zoning district within the PUD-MU boundaries. WH NOTE: VC - 75', R&D: 75', GC - 45'

(2)

Outer perimeter. Structures, paved surfaces and yards to be located on the outer perimeter of a PUD-MU district that abuts adjoining property/public rights-of-way (excluding waterways) shall be located outside of the 40-foot perimeter buffer and otherwise be in compliance with section 8.4-8(c)1(c) of this article.

(3)

Street design. Public streets, private streets and alleys constructed within the PUD-MU district must be designed and constructed per the requirements of city policies, practices and standards as set forth in the subdivision, zoning and site plan ordinances.

(d)

Minimum off-street parking: Off-street parking requirements shall be as follows:

Single-family detached: Two spaces per unit exclusive of space provided in attached garages.

Multi-family units, including duplexes, single-family attached, and townhouses, triplexes, quadraplexes, atrium houses and patio homes.

In addition, one guest space per four dwelling units shall be provided.

Multi-family dwellings for the elderly: One and one-quarter spaces per unit.

Office use: One space per 250 square feet of gross floor area.

Retail use: One space per 200 square feet of gross floor area.

Restaurant: One space per four seats based on maximum seating capacity. Additional spaces for employee parking may be required by the zoning administrator as deemed appropriate.

Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided a written agreement is filed with the zoning administrator.

The design of parking spaces and bays shall conform to the design criteria outlined in the site plan ordinance.

For uses not specifically permitted the number of parking spaces required shall be determined by the zoning administrator.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

(a)

Permitted signs. Signs within a PUD-MU shall be as prescribed in the sign ordinance, appendix D of the City Code.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

No wall or fences located adjacent to public rights-of-way, easements and/or stormwater management facilities (both public and private) serving the PUD-MU district shall be constructed unless the zoning administrator has reviewed and approved the request.

(a)

In general, fences and/or walls should measure no more than four feet in height and shall consist of a masonry, vinyl or wrought iron material.

(b)

Fences and/or walls used for screening purposes may be up to six feet in height. Fences and/or walls located within the boundaries of a PUD-MU Development are subject to the development's covenants and restrictions.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)

New building facades visible from public and private streets, common open space, and common parking areas shall be articulated with, at the very least,

(1)

Windows,

(2)

Balconies,

(3)

Bay windows,

(4)

Articulated massing,

or other architectural elements in order to achieve attractive architectural design may be included.

(Ord. No. 1473, § 1, 10-28-2013; Ord. No. 1692, § 1, 9-13-2021)