Saint John City Zoning Code

Art. VIII

Planned Unit Development PUD, §§ 24-421—24-440

Sec. 24-421. Purpose.

Provisions are included in this article to permit the establishment of areas in which diverse uses may be brought together as a compatible and unified plan of development which shall be in the interests of the general welfare of the public. The PUD must provide for an efficient use of land resulting in an economical network of streets, utilities, and public facilities. The PUD must demonstrate a quality design including architectural styles, building relationships, and enhanced aesthetics. The PUD shall demonstrate a creative approach to the use of land that is not possible under the strict application of the provisions of this zoning chapter. The applicant must provide sufficient evidence for the Plan Commission to make each of the findings listed in section 24-422(6). In PUD, land and structures may be used for any lawful purpose in accordance with the provisions set out in this article. A PUD shall be permitted by the Plan Commission.

Sec. 24-422. Procedures.

The procedure for obtaining a change in a zoning district or undertaking development within a PUD shall be as follows:

(1) The owner and developer of the land shall apply in writing to the Plan Commission and shall submit ten (10) copies of the PUD development plan as described in subsection (2).

a. The Plan Commission shall discuss the proposed application and shall review the PUD development plan with the owner and developer. The Plan Commission shall prepare recommendations on the PUD development plan and, if applicable, the proposed change in the zoning district.

b. The Plan Commission shall send a copy of its recommendations to the owner and developer indicating its approval in concept or its disapproval. If the PUD development plan is approved in concept, the Plan Commission shall specify any changes or conditions for approval consideration.

c. After issuance of the Plan Commission's recommendations, the Plan Commission shall give public notice and hold a public hearing on the proposed change of zoning district and the PUD development plan, as provided by law in the case of an amendment to this zoning chapter.

d. After the public hearing, the recommendation of the Plan Commission shall be made to the Town Council, which shall consider such development plan and the request for change of zoning district. In the event the Town Council approves of the zoning district change and the development plan, such action shall have the effect only of granting permission for development of the specific approved development plan.

(2) PUD development plan. The owner and developer shall submit a PUD development plan to the Plan Commission for review, together with the application for a change of zone district classification, if applicable. The PUD development plan shall be prepared and shall include the following information:

a. A survey of the property, showing existing features of the property, including contours, building structures, trees over twelve (12) inches in trunk diameter, streets, utility easements, rights-of-way and land use.

b. Site plan showing the location and character of existing and proposed principal structures and accessory structures, the nature, bulk and intensity of uses in the development, special and general easements for public or private use, open space, building setback lines, building separation and building coverage.

c. Floor plans, sections and heights for buildings to be constructed in the current phase.

d. Landscape plan with the existing landscaping and topography and the proposed landscaping showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as required by article XII.

e. Construction sequence including the approximate timing of completion for buildings, parking spaces and landscaped areas.

f. Metes and bounds or legal description of the boundaries of the PUD.

g. Site grading shown at two-foot intervals.

h. Exterior elevations and renderings depicting the architectural style with a list of exterior materials in order to better define the intent of the proposed PUD. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area.

i. Signage proposed to be located in the PUD, subject to approval and obtaining of a sign permit under the requirements of article XIV, shall be shown and conformance or nonconformance with said requirements shall be so noted.

j. Lighting plan with specifics about easements, locations, size, height, type, intensity, and luminance of proposed street and outdoor lighting in accordance with article XIII.

k. Identification of all proposed tax-exempt land by use, location, and square footage.

l. A list of the covenants, conditions, and restrictions, if any, which will run with the land and affect the use of the property within the PUD. The approved covenants shall be recorded with the recorder of the county only after Town Council approval of the development plan.

(3) The PUD development plan approval shall be effective for twelve (12) months. The Plan Commission may grant one or more six-month extensions to the development plan approval upon a written request from the developer or owner.

(4) Prior to granting approval for any change in zoning district and PUD development plan, the Plan Commission may recommend, and the Town Council may stipulate, such conditions and restrictions upon the establishment, location, design, layout, construction, architectural design of buildings, maintenance, beautification, aesthetics, operation and other elements of the PUD, as deemed necessary for the protection of the public interest, including, but not limited to, bonding requirements, improvement of the development, and protection of the adjacent area in order to secure compliance with the standards in this article. In all cases in which PUD development plans are granted, the Town Council shall require such evidence and guarantees, including, but not limited to, bonding requirements, as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with for the improvement of the development, protection of the adjacent area and to secure compliance with the standards specified.

(5) After the Town Council has approved the change of zoning district and the PUD development plan; the applicant shall submit the necessary information for subdivision approval as required by the Town subdivision control ordinance.

(6) Findings required. The Plan Commission, after determining whether all of the PUD requirements have been satisfied, shall recommend approval, approval with modifications, or disapproval of the PUD development plan. The Plan Commission shall enter its findings for such action in its records. The Plan Commission may recommend the establishment of a PUD zoning district only upon a determination with findings as follows:

a. The uses proposed will not be detrimental to the property values of surrounding properties, will not impair the use or enjoyment of surrounding properties, but will have a beneficial effect which could not be achieved under any other non-PUD zoning district;

b. Any amendment to the requirements of this zoning district is warranted by the design and amenities incorporated in the development plan which shall be substantial as compared to requirements for a development that is not within a PUD zoning district;

c. Land surrounding the proposed development either may be planned in coordination with the proposed development or will be compatible to the proposed use;

d. The proposed change to a PUD zoning district is in conformance with the general intent of the comprehensive plan;

e. Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district;

f. Existing and proposed streets are suitable and adequate to carry anticipated traffic in the vicinity of the proposed district;

g. Existing and proposed utility services are adequate for the proposed development;

h. Natural features such as streams, wetlands, woodlands, topographic features, geological features and scenic vistas are preserved and protected;

i. The amount, location and species of the perimeter landscaping shall be sufficient to buffer adjoining properties from uses within the PUD;

j. The proposed PUD will not impose an undue burden on public services such as fire and police protection, schools, parks, and libraries;

k. The PUD shall be of a visually pleasing design with varied building types and quality building materials;

l. Each phase of the proposed development, as it is proposed to be completed, contains the required parking spaces, landscape, and utility areas necessary for creating and sustaining a desirable and stable environment; and

m. The proposed PUD zoning district and all proposed buildings, parking spaces, landscape, and utility areas will be completely developed within five (5) years of the establishment of the zoning district.

Sec. 24-423. Standards.

(a) The purposes of the PUD standards are to provide for the rezoning of land to residential, commercial, and industrial PUDs in conformance with the provisions and standards which ensure compatibility among all the land uses, foster innovation in site planning and development, and encourage sound development in the interests of safety and the general welfare of the public.

(b) The PUD standards are to provide the Plan Commission with a means to evaluate applications for such districts consistent with the provisions and general intent of this article and the Town comprehensive plan.

(c) The PUD standards are intended to strengthen public control over development while providing the necessary latitude for the owner and developer to make creative and efficient use of their property.

Sec. 24-424. Residential standards.

(a) Zoning district uses. The land uses allowed in a residential PUD shall be those permitted uses for the district listed on the use table in section 24-45. Uses for the district shown as special exceptions require specific approval by the Plan Commission during the PUD process.

(1) Area minimum: Fifteen (15) acres, and if nonresidential uses are included, then twenty (20) acres.

(2) Width minimum: Five hundred (500) feet.

(3) Setbacks. Setback requirements for all yards shall be that of the zoning district in which the property is located unless, upon good cause shown with the public interest secured, a waiver to the same is granted by the Plan Commission and included within the ordinance creating the PUD zoning district.

(4) Buffer yards required on the periphery. The yards on the periphery of the PUD shall comply with the buffer yards required in article XII.

Sec. 24-425. Commercial standards.

(a) Zoning district uses. The land uses allowed in a commercial PUD shall be those permitted uses for the district listed on the use table in section 24-45. Uses for the district shown as special exceptions require specific approval by the Plan Commission during the PUD process.

(1) Area minimum: Twenty (20) acres.

(2) Width minimum: Eight hundred (800) feet.

(4) Buffer yards required on the periphery. The yards of the periphery of the PUD will comply with the buffer yards required in article XII.

Sec. 24-426. Light industrial standards.

(a) Zoning district uses. The land uses allowed in an industrial PUD shall be those permitted uses for the district shown on the use table in article II. Uses for the district shown as special exceptions require approval by the Plan Commission as part of the PUD process.

(1) Area minimum: Twenty (20) acres.

(2) Width minimum: Eight hundred (800) feet.

(4) Buffer yards required on the periphery. The yards of the periphery of the PUD will comply with the buffer yards required in article XII.

Sec. 24-427. Supplementary regulations.

(a) Off-street parking.

(1) Off-street parking and loading facilities for PUD zoning districts shall comply with the provisions required in article XI.

(2) The Plan Commission may approve shared parking between uses whose peak parking demands occur at different times or days of the week. In its sole discretion, the Plan Commission may require the applicant to submit a parking study to document that the number of spaces provided will meet the parking demand generated by all uses within the PUD. In a PUD with shared parking, the applicant shall submit cross parking agreements as part of the PUD application.

(1) Any private streets in a PUD zoning district shall be constructed in conformance with the specifications prescribed by the Town subdivision control ordinance.

(2) At or near the entrance of each private street on a dedicated public street, the applicant or the owner shall construct and maintain a signpost carrying a sign, having an area of at least fifteen (15) inches by twenty-one (21) inches, on which is printed an clearly legible in at least two-inch letters, the name of the private street and words "PRIVATE STREET" and, in at least one-inch letters the words, "NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY the Town". The materials on the sign shall be arranged substantially as follows:

(NAME OF STREET)

PRIVATE STREET

NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY the Town

(3) Private streets shall be maintained by the owner so that fire, police, school, and public utility vehicles have adequate access including an adequate turning area.

(c) Public streets. Where public streets are required by the comprehensive plan or the Plan Commission, the streets shall be dedicated and constructed in conformance with the specifications prescribed by the Town subdivision control ordinance.

(1) When a PUD zoning district is recommended by the Plan Commission, the owner and developer shall enter into a contract with the Town to guarantee the implementation of the development plan.

(2) Any subsequent change or addition to an approved PUD development plan shall be submitted to the Town Manager who may approve minor changes to the plan, provided that the Town Manager makes a written finding that the revised plan complies with the PUD standards in this article and complies with all conditions imposed on the PUD. A minor change involves items such as a small shift in the location of handicapped parking spaces or a dumpster, a realignment of parking spaces or aisles, or a change in building materials.

(3) All major changes shall be submitted to the Plan Commission and may only be approved after a public hearing. A major change involves one or more of the following: reduction of parking spaces, reduction in the amount of open space, reduction in the amount of landscaping, relocation of an access drive or detention facility, an increase in the height, floor area, impervious surface or number of dwelling units or modification to the mix of uses.

(4) Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a development shall be cause for termination of the development plan approval. At least ten (10) days notice shall be given to the owner and developer to appear before the Plan Commission and answer any such charge of noncompliance. In the event the Plan Commission finds the charges substantiated, the Plan Commission may revoke the development plan approval if the situation is not satisfactorily adjusted with a specified time period as determined by the Plan Commission.

(e) Compliance with other ordinances. Nothing contained in this article is intended to relieve any owner, developer, or user of land from compliance with all other ordinances of the Town, including the Town subdivision control ordinance. However, the Plan Commission, upon a finding that extraordinary hardships or particular difficulties may result from strict compliance with the subdivision control ordinance, may allow a waiver of said regulations so that substantial justice may be done and the public interest may be secured, provided that such waivers shall not have the effect of nullifying the intent and purposes of this chapter.