A Planned Development Overlay Zone (P-D) shall be created in the same manner as property is reclassified from one zone to another within the city as set forth in §§ 153.470 through 153.475. When a Planned Development Overlay Zone has been so created, it shall be designated upon the zoning map of the city as an overlay zone by adding the parenthetically enclosed letters “P-D” after the zoning symbol, indicating the zone in which the subject property is included.

('65 Code, §9-3.2301) (Ord. 247-C.S., passed - - ; Am. Ord. 548-C.S., passed 8-15-06)

   The minimum area for a Planned Development provisional plan, which does not fully comply with the development standards of the underlying zone, shall be one acre. Projects of less than one acre shall be subject to the procedures contained in this subchapter, but shall not be eligible for consideration of relief from the underlying development standards except by variance application.

('65 Code, § 9-3.2302) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - - ) Penalty, see § 153.999

   A Planned Development Zone may be established where:

   (A)   A proposal for a large-scale development (one acre or larger) makes it desirable to apply regulations more flexible than those applicable to other zones in this chapter;

   (B)   It has been determined that specific corridors within the city should be designated as Planned Development Overlay Zones so as to insure the orderly and compatible development of those identified corridors.

('65 Code, § 9-3.2303) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - - )

   Any use permitted in any R, C, or M Zone may be permitted in a Planned Development Overlay Zone (P-D) subject to the regulations set forth in this subchapter. No person shall construct or maintain any building or structure for use on any lot in a Planned Development Overlay Zone unless:

   (A)   Such building, structure, or use is constructed or maintained pursuant to the regulations applicable to such lot by reason of its underlying zone classification; or

   (B)   Compliance is had with the provisions of this subchapter.

('65 Code, § 9-3.2304) (Ord. 247-C.S., passed - - ) Penalty, see § 153.999

   (A)   Where the city desires to specify corridors of the city for inclusion as Planned Development Overlay Zones, such designation may be placed on the properties after compliance with the procedure set forth in §§ 153.470 through 153.475 . In such cases of city-initiated zone changes to specify Planned Development Overlay Zones, a precise plan shall be submitted by the applicant at the time permission to build or remodel structures on property included in a Planned Development Overlay Zone is sought. In city-initiated zone change cases a provisional plan is not required.

   (B)   For large scale projects of over one acre in size, an application for a change of classification to a Planned Development Overlay Zone (P-D) shall be accompanied by a provisional plan showing the site purposed for the development, the character and use of adjoining property, the general size, location, and use of all proposed buildings and structures to be placed on the site, and the location and dimensions of streets, parking areas, open areas, and other public and private facilities and uses.

('65 Code, § 9-3.2305) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - -; Am. Ord. 548-C.S., passed 8-15-06 ) Penalty, see § 153.999

   (A)   The change of classification shall be determined pursuant to the procedure set forth in §§ 153.470 through 153.475, and the provisional plan, where applicable, shall be merged with the Planned Development Overlay Zone (P-D) for the particular property so classified. A provisional plan which does not conform to the standard of development for the R, C, or M zones may be approved for projects of one acre or larger when such plan fulfills the purposes of a Planned Development Overlay Zone. A change in the provisional plan enacted with a Planned Development Overlay Zone shall constitute a reclassification of the property, and such change shall be determined pursuant to the procedure for zoning amendments.

   (B)   No development of the subject site shall begin and no building permit shall be issued for any property located in a Planned Development Overlay Zone until a precise plan of development has been approved by the Planning Commission and/or City Council as set forth in this subchapter. The precise plan shall substantially conform to any provisional plan required by this chapter.

('65 Code, § 9-3.2306) (Ord. 247-C.S., passed - - ; Am. Ord. 358-C.S., passed - -; Am. Ord. 548-C.S., passed 8-15-06 )

   (A)   Application; filing, form and fees. The application for the approval of a precise plan shall be filed with the Community Development Department on a form furnished by the city and shall be accompanied by a fee in the amount set by resolution of the Council. The City shall develop a Development Application Checklist which shall specify all information required to be provided by the applicant in order for such application to be considered complete.

   (B)   Hearing; notice. The provisions of §§ 153.241 through 153.243 shall apply to applications filed pursuant to division (A) of this section. ('65 Code, § 9-3.2308)

   (C)   Hearing. The provisions of § 153.245 shall apply to applications filed pursuant to division (A) of this section. ('65 Code, § 9-3.2309)

   (D)   Decision. Within 30 days after the conclusion of the public hearing provided for in this subchapter, the Commission shall render its decision for the granting, either with or without conditions, or the denial of the application by resolution, which shall recite the finding of fact upon which the decision was based.

   (E)   Appeal. Decisions of the Planning Commission may be appealed to the City Council in the time and manner specified in § 153.004 of this code.

   (F)   Approval; revocation.

      (1)   Upon a recommendation by the Community Development Director, the body which granted the final approval of a precise plan shall conduct a noticed public hearing to determine whether such precise plan approval should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the approval:

         (a)   That the approval was obtained by fraud; or

         (b)   That the precise plan is being implemented contrary to any condition imposed upon the approval of the plan or in violation of any law.

      (2)   If the revocation hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in § 153.247. ('65 Code, § 9-3.2312)

   (G)   Expiration. Any precise plan approval permit shall be null and void if it is not exercised within the time specified in the resolution approving such precise plan, or, if no time is specified, if the permit is not exercised within one year after the date the approval becomes final; provided, however, if litigation is filed prior to the exercise of such rights attacking the validity of such approval, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed, once, for a period of not to exceed one year without a public hearing. ('65 Code, § 9-3.2313)

   (H)   Modifications. Any condition imposed upon the approval of a precise plan may be modified or eliminated, or new conditions may be added, provided the granting body shall first conduct a public hearing thereon in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health, and safety, or, in the event of the deletion of such a condition, that such action is necessary to permit reasonable development under the precise plan as approved. If the modification hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in § 153.247. ('65 Code, § 9-3.2301)

(Ord. 247-C.S., passed - - ; Am. Ord. 526-C.S., passed 7-16-02)