The purpose of this article is to encourage creative approaches for better quality and lower cost residential and mixed-use developments by permitting reasonable modifications of the standard zoning and subdivision regulations in a completely planned development. It is the intent of this section to provide for greater flexibility in the design of buildings, houses, yards, courtyards, streets, and pedestrian and automobile circulation within a development than would otherwise be possible through the application of existing rules and regulations of this chapter and the platting ordinance. It is further the intent of this section to provide for maximum choice in the types of environment and living units available to the public, an integration of open space and recreation areas with residential and commercial development, a pattern of development which preserves trees, outstanding natural topography, and geologic features, a creative approach to the use of land and related physical development, an efficient use of land resulting in small networks of utilities and streets and thereby lower building, housing and maintenance costs, with positive impact on public costs, and an environment of stable character in harmony with surrounding development. The planned unit development concept is a recognition that at times greater quality of development can be achieved by permitting modification of established zoning and subdivision regulations and when property is planned, and developed as a unit, modification to standard regulations is possible without endangering the health, safety and general welfare of the public. In order to ensure the flexibility aforesaid, it is important for the planning and zoning commission and the city council to retain and exercise their discretion on a case-by-case basis with respect to such developments with a view towards ensuring that the purposes of the planned unit development as hereinabove set forth are achieved and maximized. Towards that end, no inflexible, rigid standard rules and regulations which are normally applicable to development under zoning and platting rules will be applicable to planned unit developments. Each development must stand on its own merits and the grant of any single application shall not constitute a waiver with respect to any other application concerning the same or similar matters or developments.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2021-05, § 1, 8-9-21)

A PUD may be located within any zoning district south of Beach Access Road 1A.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2021-05, § 1, 8-9-21)

The owner must submit an application with a plan to the city building official showing in detail the manner in which the land is to be used, the location, size, character and appearance of buildings and provision of traffic circulation, off-street parking, service areas, drainage, landscaping, open space, statement indicating proposing and projected timing of each phase, etc., together with restrictive covenants.

(Ord. No. 97-8, § 1, 7-17-97)

Plans shall be divided into sections of proposed development so that in the event of failure to timely commence or complete bona fide construction in any section of an approved development plan, there will be:

(1)

Definitely established lines showing the reduced PUD after the elimination of the unused portion of the site area.

(2)

The plan must minimize damage to the unused portion of the site from the standpoint of its suitability for future use.

(Ord. No. 97-8, § 1, 7-17-97)

(a)

The same procedures as are applicable to a zoning change for a particular piece of property shall apply to an application for approval of a PUD under this article.

(b)

Approved plans may be amended by the same procedure by which there were originally approved, except that minor changes in the plan may be approved by the city manager if the change does not violate the intent of the originally approved plan.

(Ord. No. 97-8, § 1, 7-17-97)

(a)

Property proposed for a PUD must be no less than ten (10) acres in area, and no section of a phased PUD may be less than ten (10) acres in area.

(b)

Minimum yard and setback and maximum height requirements shall not apply, except that the minimum yards shall be provided around the boundaries of the area to be developed shall meet the IRBC or the IBC.

(Ord. No. 97-8, § 1, 7-17-97; Ord. No. 2010-05, § 1, 3-18-10)

The plan shall comply with applicable procedures of the platting and subdivision regulations. A plat of the development must be recorded regardless of whether a subdivision is proposed, and such plat shall show building lines, common land, if any, streets, drives, easements, and other applicable features required by the subdivision regulations. The maximum number of dwelling units permitted shall comply with the development performance standards.

(Ord. No. 97-8, § 1, 7-17-97)

The planning and zoning commission may recommend and the city council impose such conditions as are reasonable to protect the health, safety and welfare of the public.

(Ord. No. 97-8, § 1, 7-17-97)