Sergeant Bluff City Zoning Code

   1.   Intent. The Planned Unit Development District (PD) is to encourage the creative design of new living and retail areas, as distinguished from subdivisions of standard lot sizes, in order to permit such creative design in buildings, open space, while promoting the health, safety, and general welfare of existing and future residents of surrounding neighborhoods. When a PD District is requested, it will require a change of zone with the PD being attached to the primary district. Once the rezoning is approved, the allowed uses and standards herein shall modify the minimum requirements of the underlying district.

   2.   Permitted Uses. The following uses are permitted in the Planned Unit Development District, provided the requirements of this chapter are met.

      A.   All uses allowed as permitted in the primary district.

   3.   Conditional Uses. The following uses may be allowed through the approval of a conditional use permit, as established by this Zoning Code, provided all noted, as well as any special conditions required by the City Council are met.

      A.   All uses allowed as a conditional use in the primary district.

   4.   Temporary Uses. The following temporary uses shall be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit.

      A.   All uses allowed as a temporary use in the primary district.

   5.   Accessory Uses and Structures. All accessory uses allowed within the primary district.

   6.   Supplemental Requirements.

      A.   The Planning and Zoning Commission, in its minutes, shall set forth its reasons for recommendation of approval or denial of the application for a PD plan approval, along with specific evidence and facts showing that the proposal meets or does not meet the following conditions.

         (1)   Said PD shall be in general conformity with the provisions of the Sergeant Bluff Comprehensive Plan.

         (2)   Said PD shall not have a substantially adverse effect on the development of the neighboring area.

         (3)   The minimum size allowed for a PD District by type of use shall be as follows:

            a.   Residential (only), three acres.

            b.   Residential - Commercial (combination), five acres.

         (4)   Height, bulk, and yard requirements shall be reflected on the Development Plan and shall promote an efficient and creative use of land.

      B.   Use Limitations. In a PD no building, structure, land, or premises shall be used, and no building shall be erected, constructed, or altered, except for any use permitted in this district. All uses must be approved as shown on the Development Plan as specified in this division.

      C.   Standards and Conditions for Development. A development proposed for land classified as the PD district shall be consistent with the following general standards for use of land, and the use, type, bulk, and location of buildings, the density or intensity of use, open space, public facilities, and the Development Plan shall, where applicable, reflect compliance.

         (1)   The applicant shall satisfy the Planning and Zoning Commission and City Council that there is the ability to carry out the proposed plan, including financial assurances and the phasing of the project, and shall prepare and submit a schedule of construction, if necessary. The proposed construction shall begin within a period of 12 months following the approval of the final application by the City Council. A minimum of 50 percent of the total planned construction shown on the final plan shall be completed within a period of three years following such approval or the approval shall expire. If the approval expires under this section, the applicant shall show good cause to the Planning and Zoning Commission to extend the plan approval.

         (2)   The developer shall provide and record easements and covenants, shall make such other arrangements, and shall furnish such performance bonds, escrow deposit, or other financial guarantees for public improvements as may be determined by the City Council to be reasonably required to assure performance in accordance with the Development Plan and to protect the public interest in the event of abandonment of said plan before completion.

         (3)   The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development.

         (4)   The development shall not impose an undue burden on public services and facilities, such as fire and police protection.

         (5)   The entire tract or parcel of land to be occupied by the PD development shall be held in single ownership or control, or if there are two or more owners, the application for such PD development shall be filed jointly by all owners. This provision may be waived provided that the land contains existing improvements.

         (6)   The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a PD development not used for structures, parking and loading areas, or access ways shall be landscaped or otherwise improved as shown on the Development Plan.

         (7)   Off-street parking and loading shall be provided in accordance with the parking and loading regulations of the City of Sergeant Bluff.

         (8)   When a commercial use within a PD District abuts a residential district, the Development Plan shall reflect screening consisting of landscaping and/or fencing provided adjacent to any adjoining residential district; except in the event the adjacent residential use and the commercial use are separated by a street right-of-way.

         (9)   All residential and commercial buildings shall set back not less than 25 feet from the perimeter of the land zoned PD. Additional setback from a heavily traveled thoroughfare may be required, when found reasonable by the Planning and Zoning Commission for protection of health, safety, and general welfare.

         (10)   Building coverage area shall not exceed the following percentages of the net developable area of each individual parcel of the total development:

            a.   Residential: 60 percent maximum.

            b.   Commercial: 50 percent maximum.

NOTE: Building coverage area is the area covered by buildings or structures on each individual lot or parcel (not including impervious improvements such as—and not limited to—walkways, driveways, and patios). The net developable area shall be the area of each parcel and the net of any required yard required under the Development Plan. The Development Plan shall reflect the calculations used to demonstrate compliance with this requirement.

         (11)   A minimum of 20 percent of the net area of that part of a PD development reserved for residential use shall be provided for common areas as defined by this Zoning Code under Subparagraph (16) below. The term “net area” shall be the gross area, measured in square feet, of the Development Plan devoted to residential use less the area dedicated for public streets. Common areas are defined as playgrounds, street medians, landscaped green space, or other similar areas designed to be used by the residents of the development in common with each other. Common areas for the leisure and recreation of development residents shall be owned and maintained in common by them, through a homeowner’s association.

         (12)   The PD District shall include such provisions for the ownership and maintenance of the common areas as are reasonably necessary to insure its continuity, care, conservation, and maintenance, and to insure that remedial measures will be available to the City Council if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the planned unit development or of the entire community. The applicant shall submit any protective covenants and organizational documents of the homeowner’s association with the Development Plan.

         (13)   No residential use shall have direct access onto an arterial street unless approved by the City Council in the Development Plan.

         (14)   Any commercial use must reflect its traffic flow on the Development Plan. All commercial areas must have indirect access via a collector or arterial street; however, no individual commercial use may have direct access onto collector or arterial streets.

         (15)   Sidewalks shall be built to City specifications along all public and private streets; however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrian access between each use in the PD development.

         (16)   Common areas, as defined under this zoning district, shall mean land area of the site not covered by buildings, parking, structures, community buildings, or accessory structures, except recreational structures. Common areas shall include open space that is accessible and available to all owners or residents in common pursuant to an Owner’s Association.

   7.   Application for Approval of Planned Unit Development.

      A.   An application for a PD shall be handled in the same manner prescribed for amending this Zoning Code. The same requirements for notice, advertisement of public hearing, protests, and adoption shall be required as zoning changes.

      B.   The applicant shall prepare and submit 11 copies of the Development Plan of the proposed development in the PD District for review and approval by the Planning and Zoning Commission. The Development Plan shall include:

         (1)   A site plan showing:

            a.   Contours at intervals of two feet or spot elevations on a 100-foot grid shall be required on flat land.

            b.   Location, size, height, and use of all proposed structures and proposed yards on each lot.

            c.   All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas.

            d.   All streets adjoining subject property and the width of the existing right-of-way.

            e.   Areas set aside for common areas with the type of use or recreational facilities planned for each.

            f.   Designation of individual parcels if the proposed development is to be set up in separate construction phases.

            g.   Designation of individual lots if such lots are proposed to be sold to individual owners.

            h.   Location of required screening.

            i.   Location of natural features such as ponds, tree clusters, and rock outcropping.

            j.   Existing development on adjacent properties within 200 feet.

         (2)   The above-described site plan shall also include a section designated as “general provisions,” and said section shall include the following, when said items are applicable:

            a.   Net area in square feet of the development. (Note:  Net area shall be computed as the gross area less the land dedicated or necessary to be dedicated for public street right-of-way.)

            b.   Density of dwelling units per acre of the total dwelling units for the entire plan.

            c.   Building coverage of the net area of the development by individual parcel or total development.

            d.   The percentage of the Development Plan provided for common open space as defined by this Zoning Code. (Note: 20 percent is the minimum.)

            e.   If more than one parcel is proposed, a statement relating to the sequence of development shall be included.

            f.   Required number of parking spaces and location.

            g.   Gross floor area proposed for commercial buildings.

            h.   All proposed land uses shall be listed by parcel.

         (3)   A statement or adequate drawings shall be included describing the manner for the disposition of sanitary waste and storm water.

         (4)   The full legal description of the boundaries of the property or properties to be included in the PD development.

         (5)   A vicinity map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the proposed PD development.

         (6)   An elevation drawing of the general characteristics of the proposed buildings may be submitted if the applicant desires.

         (7)   When a PD development includes provisions for common space and/or recreational facilities, a statement describing how such open space and/or facility be owned and maintained when not under the ownership of a governmental entity. A homeowner association or other controlling entity shall provide the City with copies of the proposed articles of incorporation and bylaws of such entity.

      C.   The Planning and Zoning Commission shall meet within 45 days of an application being filed. Plans shall be filed with the City at least four weeks prior to a scheduled Planning and Zoning Commission meeting. After the application for a PD development is filed, the Planning and Zoning Commission shall hold a public hearing on said development after giving required notice for hearings in amendments. Said public hearing may be adjourned from time to time and, within a reasonable period of time after the conclusion of said public hearing, the Planning and Zoning Commission shall prepare and transmit to the City Council and the applicant specific findings of fact with respect to the extent which the Development Plan complies with those regulations, together with its recommendations in respect to the action to be taken on the Development Plan and PD requirements. The Planning and Zoning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions.

      D.   The City Council shall or shall not approve the Development Plan and authorize the submitting of the final Development Plan.

      E.   Substantial or significant changes in the preliminary plat and PD design shall only be made after rehearing and reapproval unless the changes were otherwise required by the Planning and Zoning Commission or the City Council.

   8.   Final Approval.

      A.   After approval of a Development Plan and prior to the issuance of any building permit or zoning permit, the applicant shall submit an application for final approval with the PD development compliance review committee. The PD development compliance committee shall consist of members of the Planning and Zoning Commission, City Council, the Zoning Administrator, the City Attorney, and/or the City Engineer; this committee will be assembled only on an as-needed basis. Said final application may include the entire PD District or may be for a unit or section thereof as set forth in the approval of the preliminary plan. The application shall include 11 copies of such drawings, specifications, covenants, easements, conditions, and any other conditions, including (but not limited to) performance bonds. As set forth in the approval of the Development Plan preliminary plan and in accordance with the conditions established in this chapter for a PD District. The final plan shall include the same information, as the preliminary plan except the following shall also be provided:

         (1)   A surveyor’s certificate certifying to the accuracy of the boundary surveys shown.

         (2)   Location, names, tangent lengths, centerline radius of each curve and its interior width and angle of all proposed public rights-of-way.

         (3)   All easements and appropriate building setback lines.

         (4)   All lot lines, and lot dimensions including chord distances for curvilinear lot lines.

         (5)   Lot and/or parcel numbers.

         (6)   Location, size, height, and use of all proposed or present buildings.

         (7)   Dedication of all streets, public highways, or other land intended for public use, signed by the owner and by all other parties who have a mortgage or lien interest in the property, together with any restrictions or covenants which apply to the property.

         (8)   A waiver of claim by the applicant for damages occasioned by the establishment of grades or the alteration of the surface of any portion of streets and alleys to conform to grades established.

      B.   A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification of the Development Plan does not:

         (1)   Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area.

         (2)   Increase by more than 10 percent the floor area proposed for nonresidential use.

         (3)   Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.

         (4)   Substantially change the design of the plan so as to significantly alter:

            a.   Pedestrian or vehicular traffic flow.

            b.   The juxtaposition of different land uses.

            c.   The relation of open space to residential development.

            d.   The proposed phasing of construction.

            e.   Proposed use of one or more buildings to a more intensive use category as delineated in this chapter.

      C.   A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan. The Planning and Zoning Commission shall, within thirty 30 business days of the time of filing, review the final plan for compliance with the approved preliminary plan. Upon review approval, said final plan shall be filed with the City Council for final approval and acceptance.

      D.   In the event that the final plan submitted contains changes in excess of those permitted under Paragraph B above, applicant shall resubmit the original plan. The Development Plan shall be modified in the same manner prescribed in this division as for original approval.

   9.   Enforcement and Modification of Plan. To further the mutual interest of the residents and owners of the PD development and of the public in the preservation of the integrity of the PD plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the said residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plan, covenant, easement or otherwise, shall be subject to the following provisions:

      A.   The use of land and the use, bulk, and location of buildings and structures; and

      B.   The quality and location of common space; and

      C.   The intensity of use or the density of residential units shall run in favor of the City; and shall be enforceable in law or in equity, by the City, without limitation on any powers or ordinance otherwise granted by law.

The development of any land pursuant to an approved Development Plan shall be constructed in accordance with the requirements of Section 165B.23 and the approved Development Plan.

   10.   Amendments. The PD District agreement or an approved Development Plan may be amended in the same manner prescribed in this division for approval of a preliminary or final plan. Application for amendment maybe made by the homeowner’s association or 51 percent of the owners of the property within the PUD District.

   11.   Platting. For unplatted tracts or tracts being re-platted, the approval of the Development Plan shall be considered as the approval of a preliminary plan. To complete the platting process, the applicant need only submit a final plat. Said final plat shall be in accordance with the Subdivision Regulations, except the scale shall be 100 feet, 50 feet, or 20 feet to the inch.

   12.   Fees. For the following applications, fees shall be paid to the City:

      A.   Development Plan, filing fee shall be set by the City Council by separate ordinance.

      B.   Final plan, filing fee shall be set by the City Council by separate ordinance.

These fees are separate and do not include any preliminary and final plat fees and/or any change of zone fees required by the City.