Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of, any of the provisions of this article shall, upon conviction, forfeit the sum as provided in section 1-15 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.

(Code 1973, § 16.03.130)

The development and execution of this chapter is based upon the division of the community into districts within which the use of land and buildings, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such conditional uses fall into two categories:

(1)

Uses publicly operated or traditionally affected with a public interest.

(2)

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Code 1973, § 16.03.110(a))

This division shall not apply to planned developments as provided for in division 3 of this article.

(Code 1973, § 16.03.110(m))

Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which the land is located.

(Code 1973, § 16.03.110(b))

An application for a conditional use shall be filed with the planning division of city development prescribed by the director. The application shall be accompanied by such plans and/or data as may be prescribed by the planning, heritage, and design commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in section 114-154. Such application shall be forwarded from the director to the planning, heritage, and design commission for consideration.

(Code 1973, § 16.03.110(c); Ord. No. 0026-19, pt. 44, 11-12-19; Ord. No. 0012-22, pt. 1, 11-1-22)

The planning, heritage, and design commission shall hold a public hearing on each application for a conditional use, at such time and place as shall be established by the planning, heritage, and design commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner as the planning, heritage, and design commission shall, by rule, prescribe from time to time.

(Code 1973, § 16.03.110(d); Ord. No. 0026-19, pt. 45, 11-12-19)

Notice of the time and place of the conditional use hearing shall be mailed to owners of all property within 200 feet of the subject site.

(Code 1973, § 16.03.110(e))

Editor's note— Ord. No. 0026-19, pt. 46, adopted November 12, 2019, repealed § 114-152, which pertained to involvement of landmarks preservation commission and derived from Code 1973, § 16.03.110(f).

For each application for a conditional use, the planning, heritage, and design commission shall, within 90 days of receipt of the application, make its findings including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

(Code 1973, § 16.03.110(g); Ord. No. 0026-19, pt. 47, 11-12-19; Ord. No. 0012-22, pt. 2, 11-1-22)

No conditional use shall be recommended by the planning, heritage, and design commission unless such commission shall find that:

(1)

The establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger, the public health, safety, morals, comfort, or general welfare;

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6)

The proposed conditional use is not contrary to the objectives of the current land use plan for the city; and

(7)

The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning, heritage, and design commission.

(Code 1973, § 16.03.110(h); Ord. No. 0026-19, pts. 48, 49 11-12-19)

(a)

Prior to the granting of any conditional use, the planning, heritage, and design commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in section 114-154. In all cases in which conditional uses are granted, the planning, heritage, and design commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with and proof of compliance.

(b)

The director of city development or designee may approve minor changes in the conditional use permit that do not change the concept or intent of the development.

(c)

The person or entity issued the conditional use permit and any successor in interest shall have a continuing duty to comply with the conditions and restrictions prescribed in such permit and in any amendment thereto.

(Code 1973, § 16.03.110(i)(1), (2); Ord. No. 26-04, pts. 2, 3, 8-17-04; Ord. No. 0026-19, pt. 50, 11-12-19; Ord. No. 0012-22, pt. 3, 11-1-22)

(a)

Conditional use permits may be reviewed from time to time for compliance with conditions prescribed by the zoning administrator on the zoning administrator's own volition, or upon direction from the planning, heritage, and design commission. If the zoning administrator should find that any of the conditions or restrictions made a part of such permit have not been complied with by the person to whom the permit was issued and any successor in interest, the zoning administrator may initiate proceedings to revoke the permit or the zoning administrator or designee may issue a citation to such person for violation of section 114-155(c). Such proceedings shall consist of a written notification sent by the administrator to the permit holder by certified United States postage to the last known post office address of the permit holder. The notice shall specify the condition or conditions that have not been complied with by the permit holder. The notice shall further inform the permit holder that steps must be taken to gain compliance by the permit holder within a specified period of time not to exceed 60 days, which time shall be determined by the zoning administrator. The notice shall state that failure to take the required corrective measures may result in revocation of the permit.

(b)

The zoning administrator shall have the power to enforce compliance and to revoke any conditional use permit where such conditions have not been complied with and proper notice has been given as described in this section. Upon the effective date of the revocation order by the zoning administrator, the conditional use permit shall cease to exist. The property subject to the conditional use permit shall thereupon revert to the zoning classification in effect at the time of the revocation under this Code and penalties for noncompliance as provided in section 114-136 may be invoked.

(c)

Any person aggrieved by a revocation order issued by the zoning administrator may appeal that order to the city planning, heritage, and design commission. Proceedings in appeals shall conform to Wis. Stats. ch. 68.

(d)

Appeals of revocations of conditional use permits shall be filed with the secretary of the planning, heritage, and design commission and delivered to the city clerk within 30 days of the mailing date of the order of revocation.

(Code 1973, § 16.03.110(i)(3); Ord. No. 26-04, pt. 4, 8-17-04; Ord. No. 0026-19, pt. 51, 11-12-19; Ord. No. 0012-22, pt. 4, 11-1-22)

State Law reference— Municipal administrative procedure, Wis. Stats. § 68.01 et seq.

The planning, heritage and design commission may grant or deny an application for a conditional use permit upon a majority vote. An appeal of the decision of the planning, heritage and design commission shall be made to the common council and delivered to the office of the city clerk within 10 days of the decision by the planning, heritage and design commission, and must be considered by the common council within 90 days of receipt of the appeal.

(Code 1973, § 16.03.110(j); Ord. No. 34-03, pt. 1, 1-6-04; Ord. No. 0012-22, pt. 5, 11-1-22)

No application for a conditional use that has been denied in whole or in part by the planning, heritage, and design commission shall be resubmitted for a period of one year from the date of such order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the planning, heritage, and design commission.

(Code 1973, § 16.03.110(k); Ord. No. 0012-22, pt. 6, 11-1-22)

In any case where a conditional use has not been established within one year from the date of granting, unless such time has been extended by action of the planning, heritage, and design commission, the conditional use authorization shall be null and void. This section shall not apply to planned developments under division 3 of this article.

(Code 1973, § 16.03.110(l); Ord. No. 0012-22, pt. 7, 11-1-22)

A conditional use approval shall expire if the conditional use shall cease for more than 12 months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged. Upon application by a new owner, the director of city development or designee may transfer the conditional use permit.

(Code 1973, § 16.03.110(m); Ord. No. 0012-22, pt. 8, 11-1-22)

(a)

Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are established in this division to govern the actions of the planning, heritage, and design commission and common council.

(b)

To the extent that specific standards and exceptions with respect to setbacks, signs, off-street parking and the like, are set forth on the final plan or are contained in the conditions governing the planned development, such specific standards and exceptions shall govern such development to the exclusion of requirements that would otherwise apply to the zoning district in which such planned development is located.

(c)

This division is applicable to all planned developments approved after August 1, 1979.

(d)

A planned development conditional use is a privilege to be earned and not a right which can be claimed simply upon complying with all the standards established in this division. The planning, heritage, and design commission and common council may require any reasonable condition or design consideration which will promote proper development or benefit to the community. It is not intended that the common council automatically grant the maximum use exceptions or density increase in the case of each planned development. The common council shall grant only such increase or latitude which is consistent with the benefit accruing to the city as a result of the planned development. As a condition for approval, each planned development must be compatible with the character and objectives of the zoning district or districts within which it is located, and each planned development shall be consistent with the objectives of the city land use plan.

(e)

Some specific purposes of the planned development procedure are:

(1)

Residential planned development: To offer recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty, to add to the sense of spaciousness through the preservation of natural green spaces, to counteract the effects of urban monotony and congestion in the streets, to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions, to promote harmonious architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of the site.

(2)

Business or commercial planned development: To promote the cooperative development of business or commercial centers each with adequate off-street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to aid in stabilizing property values, to develop centers of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped green spaces and to encourage harmonious architecture between adjacent commercial structures and between home and commercial structures.

(3)

Industrial planned development: To promote the establishment of industrial parks, to permit groups of industrial buildings with integrated design and a coordinated physical plan, to encourage recreational facilities within industrial areas and to buffer adjacent residential areas with landscaped green spaces.

(4)

Traditional neighborhood development: To allow the development and redevelopment of land consistent with the design principles of traditional neighborhoods. Traditional neighborhood development uses land and public infrastructure efficiently, allows a variety of housing options, promotes energy conservation by facilitating walking and other transportation modes as alternatives to driving, provides convenience by locating complementary office, retail, and civic development near to housing, and fosters a sense of community by including features that encourage interaction among people.

The document identified as "A Model Ordinance for Traditional Neighborhood Development," dated April 2001, published by the University of Wisconsin Extension pursuant to Wis. Stats. § 66.1027(2), shall serve as a non-exclusive guidebook to assist in further defining the various aspects of this form of urban design, along with such other sources of guidance the planning, heritage, and design commission and common council may choose to consult.

(Code 1973, § 16.03.110(n)(1); Ord. No. 2-02, pt. 2, 2-20-02; Ord. No. 0026-19, pt. 52, 11-12-19)

(a)

Prior to filing a formal application for approval of a planned development, the developer shall request a preapplication conference with the zoning administrator and director of planning. The request for a preapplication conference shall be submitted to the zoning administrator.

(b)

The purpose of the preapplication conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include, but not be limited to, the following:

(1)

Written letter of intent from the developer establishing his intentions as to development of the land.

(2)

Topographic survey and location map.

(3)

Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative lot sizes.

(4)

Tentative proposals regarding water supply, sewer disposal, surface drainage, and street improvements.

(c)

The zoning administrator and director of planning shall advise the developer of the zoning requirements and city plans which might affect the proposed development as well as the procedural steps for approval.

(Code 1973, § 16.03.110(n)(2)a)

(a)

The preliminary plan of the planned development shall be filed with the zoning administrator, who shall in turn forward copies to the secretary of the planning, heritage, and design commission for its consideration and public hearing. The planning, heritage, and design commission may request review of the planned development by, and recommendations from, appropriate city and utility company departments and offices. The required procedure for consideration and approval of the preliminary plan shall be as provided in this section.

(b)

A written application for approval of a planned development shall be made on forms and in the manner prescribed by the city. The application shall be accompanied by a fee consistent with the approved fee schedule. The preliminary plan and supporting data shall be in accordance with the provisions of section 114-179.

(c)

The planning, heritage, and design commission shall hold a public hearing on the application for a planned development in accordance with section 114-150. Following the public hearing and review of the preliminary planned development and supporting data, the planning, heritage, and design commission shall send its findings and recommendations to the common council, which shall, within 60 days, approve, approve with modifications, or disapprove the plan.

(d)

Approval of a preliminary planned development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans. The final plan shall be submitted by the developer not later than 180 days (or such additional time as may be authorized by the planning, heritage, and design commission and common council from time to time) after approval of the preliminary plan. The preliminary and final plan may be filed and approved simultaneously, if all requirements of this division are met.

(e)

Upon approval of the preliminary planned development plan by the common council, a record shall be prepared, including findings of fact, recommendations of the city departments and offices, exceptions, bonuses granted, conditions applied, and modifications ordered.

(Code 1973, § 16.03.110(n)(2)b; Ord. No. 0026-19, pt. 53, 11-12-19)

(a)

The final planned development plan shall conform substantially to the preliminary plan as approved, and if desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be as provided in this section.

(b)

The final plan and supporting data shall be filed with the zoning administrator and forwarded by him to the secretary of the planning, heritage, and design commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan. All final plans shall be accompanied by a written construction schedule for the development.

(c)

After review of the final plan and supporting data, the planning, heritage, and design commission shall send its findings and recommendations to the common council, which shall approve or disapprove the plan within 45 days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefor.

(Code 1973, § 16.03.110(n)(2)c; Ord. No. 0026-19, pt. 54, 11-12-19)

A copy of the approved final plan shall be recorded with the county register of deeds by the developer. Proof of such recording shall be required prior to the issuance of building permits.

(Code 1973, § 16.03.110(n)(2)d)

If, following approval of a final planned development plan, there shall be diversity of ownership within the planned development, each owner shall be responsible for compliance with the final plan only as to the lot then owned by such owner and such lot shall be deemed to be in compliance with the final plan if the owner thereof shall have complied with the conditions applicable to such lot, and the failure of any other owner to be in compliance with the final plan shall not affect such complying owner.

(Code 1973, § 16.03.110(n)(2)e)

(a)

Generally. A planned development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned development as set forth in this section.

(b)

Major changes. Changes which alter the concept or intent of the planned development, including change in location and types of nonresidential land uses, increases in the height of buildings, reductions of proposed open space, more than a 15 percent modification in proportion of housing types, changes in road standards or alignment, utilities, water, electricity and drainage, or changes in the final governing agreements, provisions or covenants, may be approved only by submission of a new preliminary plan and supporting data, and following the preliminary approval steps and subsequent amendments of the final planned development plan.

(c)

Minor changes. The planning, heritage, and design commission may approve minor changes in the planned development which do not change the concept or intent of the development, without going through the preliminary approval steps. "Minor changes" are defined as any change not defined as a major change.

(d)

Changes in use or occupancy. In a business, commercial or industrial planned development, upon submittal of an application to the department of city development, the planning heritage and design commission may review and approve any new uses or occupancies, or change in uses or occupancies, for any building or grounds which are contained within the boundaries of a business, commercial, or industrial planned development.

(Code 1973, § 16.03.110(n)(3); Ord. No. 0026-19, pt. 55, 11-12-19; Ord. No. 0002-21, pt. 1, 2-2-21)

The common council shall consider the planned development subject to revocation if construction falls more than one year behind the schedule filed with the final plan, or exceeds five years; provided, however, if the planned development is to be constructed in stages or if the planned development has been subdivided or otherwise divided and the then owner of a lot is in compliance with the construction schedule, such portion of the planned development not in default shall not be subject to revocation. The developer or the then record owner of any lot within the planned development then in default shall be notified at least 60 days prior to any revocation hearing. Extensions in the building schedule may be granted by the common council.

(Code 1973, § 16.03.110(n)(4))

Planned development plans and supporting data shall include at least the information contained in sections 114-180 through 114-181.

(Code 1973, § 16.03.110(n)(5))

(a)

Detailed plan. A drawing of the planned development shall be prepared at a scale of not less than one inch equals 200 feet, and at a size appropriate for reduction for recording purposes, and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

(1)

Boundary lines, including bearings and distances.

(2)

Easements, including location, width, and purpose, including fire lanes.

(3)

Streets on and adjacent to the tract street, including name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

(4)

Utilities on or adjacent to the tract, including location, size, and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; and direction and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.

(5)

Ground elevations on the tract, and for land that slopes less than one-half percent, show one-foot contours, and show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; and for land that slopes more than one-half percent, show two-foot contours.

(6)

Subsurface conditions on the tract, if required by the city engineer, location and results of tests made to ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater, unless test pits are dry at a depth of five feet.

(7)

Zoning on, and adjacent to, the tract.

(8)

Internal uses of each building or structure, as well as the specific overall land use of the premises.

(9)

Title and certificates, including present tract designation according to official records in the office of the county register of deeds; title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage.

(10)

Names, including the names and addresses of the persons to whom notices of hearings hereunder may be sent, including the subdivider or developer, the designer of the subdivision or development, and the owners of the land immediately adjoining the land to be platted.

(11)

Open space, including all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

(12)

General location, purpose, and height of each building, other than single-family residences on individual lots.

(13)

Map data, including name of development, north point, scale, and date of preparation.

(b)

Character. An explanation of the character of the planned development and the reasons why it has been planned to take advantage of the flexibility of these regulations shall be submitted with the preliminary plan.

(c)

Ownership. A statement of present and proposed ownership of all land within the project shall be submitted with the preliminary plan.

(d)

Schedule. A development schedule shall be submitted with the preliminary plan and shall indicate:

(1)

Stages in which the project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plan and through supporting graphic material.

(2)

Approximate dates for beginning and completion of each stage.

(e)

Covenants. Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space shall be submitted with the preliminary plan.

(f)

Density. Information on the density of residential uses, including dwelling units per acre, shall be submitted with the preliminary plan.

(g)

Nonresidential use. Information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount and location of common open space, shall be submitted with the preliminary plan.

(h)

Service facilities. Information on all service facilities and off-street parking facilities shall be submitted with the preliminary plan.

(i)

Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.

(j)

Facilities plans. Facilities plans shall be submitted, including street profile plans and preliminary plans for:

(1)

Roads, including classification, width of right-of-way, width of pavement, and construction details.

(2)

Sidewalks.

(3)

Sanitary sewers.

(4)

Storm drainage.

(5)

Water supply system.

(6)

Underground lighting program.

(7)

A general landscape planting plan.

(8)

Location of utility lines such as gas, electric and telephone.

(Code 1973, § 16.03.110(n)(5)a)

(a)

Final detailed plan. A final plan, suitable for recording with the county register of deeds, shall be prepared. The purpose of the planned development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned development shall include, but not be limited to:

(1)

An accurate legal description of the entire area under immediate development with the planned development.

(2)

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

(3)

An accurate legal description of each separate unsubdivided use area, including common open space.

(4)

Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.

(5)

Certificates, seals, and signatures required for the dedication of land and recording of the document.

(6)

Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre.

(b)

Common open space documents. All common open space, at the election of the city, shall be:

(1)

Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners or any one or more of them; or

(2)

Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned development or adjoining property owners or both.

(c)

Public facilities. All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan or, at the election of the city, escrow deposits, irrevocable letters of credit in a form approved by the city, or performance bonds shall be delivered to guarantee construction of the required improvements.

(d)

Covenants. Final agreements, provisions, or covenants shall govern the use, maintenance and continued protection of the planned development. Such instruments of agreement shall include, where applicable, a surety bond favoring the city in the amount of the estimated cost of such proposed site improvements as pools, fountains, landscaping, and other features.

(Code 1973, § 16.03.110(n)(5)b)

The planning, heritage, and design commission may recommend and the common council may authorize that there be permitted in part of the area of a proposed planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which such development is located, provided that the planning, heritage, and design commission shall find that:

(1)

The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the planned development;

(2)

The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

(3)

Not more than 40 percent of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by such exception; provided, however, that in a residential planned development not more than eight percent of the total ground area in the planned development shall be devoted to uses first permitted within the commercial districts; and no area within a residential planned development shall be devoted to uses first permitted within the industrial zoning districts.

(Code 1973, § 16.03.110(n)(6); Ord. No. 07-08, pt. 2, 5-6-08; Ord. No. 0026-19, pt. 56, 11-12-19)

In the case of any planned development, the plan commission may recommend and the common council may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such planned development, provided that the plan commission shall find that:

(1)

Such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots;

(2)

The overall floor area ratio for the planned development would not exceed by more than 30 percent the maximum floor area ratio required for the individual uses in such planned developments, as stipulated in each district;

(3)

Along the periphery of such planned developments yards shall be provided as required by the regulations of the district in which such development is located; and

(4)

In a residential planned development, the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area, and deducting from the remainder the area required for streets as set forth in the site plan. In no event shall the area for streets be computed at less than ten percent of the gross development area. The area of land set aside for common open space or recreational use may be included in determining the number of dwelling units permitted.

(Code 1973, § 16.03.110(n)(7))

(a)

Definition. "Permanent common open space" shall be defined as parks, playgrounds, parkway medians, landscaped green space, schools, community centers or other similar areas in public ownership or areas covered by an open space easement.

(b)

Designation. No plan for a planned development shall be approved unless such plan provided for permanent open space equivalent to at least 15 percent of the total development area in residential planned developments.

(Code 1973, § 16.03.110(n)(8))

Provided the overall number of dwelling units per acre, known as density, is not increased beyond the provisions of section 114-183(4), and provided that the permanent common open space is in accord with section 114-184, the planned development may include minimum lot areas per dwelling unit smaller than those normally required in the zoning district.

(Code 1973, § 16.03.110(n)(9))

In all zoning districts except R1 and R2 residence districts, planned developments shall be allowed on zoning lots of any size. However, such mini-planned developments shall not qualify for the use exceptions or bulk premiums specified in sections 114-182 and 114-183. A principal purpose of this provision is to accommodate developments of more than one residential building on lots smaller than the minimum required for planned developments. Mini-planned developments shall not result in a density increase.

(Code 1973, § 16.03.110(n)(10))