In any zoning district, whenever the natural character of the property requires or the nature of the proposed development presents the potential for unified development, the developer may apply for a planned development permit. The planned development is intended to allow the development of unique property and combinations of uses that are within the intent and purpose of this chapter but are not permitted under the standards of this chapter.

(Code 1976, § 29-110)

The developer shall submit an application for a planned unit development to the zoning officer requesting an amendment of this chapter for the designation as a planned development. The procedure followed is the same as for amendments under division 4 of article II of this chapter. The board of appeals shall consider testimony and evidence from the developer, the city engineer and the fire chief and any citizen before naming a recommendation to the city council concerning the request. Within 45 days of the public hearing, the board of appeals shall make a recommendation to the council either for approval, approval with specific conditions, or denial of the request.

(Code 1976, § 29-110.02; Ord. No. 2024-15, § 17, 5-7-2024)

The application for a planned development shall contain the following information; the board of appeals shall not review the request or hold a public hearing until the application is complete:

(1)

Five copies of site plan drawings drawn at an appropriate scale and showing:

a.

Location and dimension of all proposed buildings, parking areas, sidewalks, drives and streets, landscaping, and designated uses of open spaces.

b.

All information required for preliminary plat drawings and improvement specifications.

(2)

Five copies of written narrative of the specific changes in density, improvements, standards, yards and setbacks being requested.

(3)

Five copies of proposed covenants and restrictions to be attached to the property.

(4)

Five copies of the explanation of public benefits to be realized from granting the request.

(Code 1976, § 29-110.03; Ord. No. 2024-15, § 18, 5-7-2024)

The following standards are required for a planned unit development:

(1)

The standards of sections 102-11 and 102-12 shall not be lessened.

(2)

No building shall be located so as to reduce the value of neighboring residential property.

(3)

The maximum floor area ratio shall not exceed 3.0.

(4)

The minimum parcel size shall be five acres.

(5)

A planned residential development must maintain at least 20,000 square feet of space as common open space and recreation area.

(6)

A planned residential development must submit surety that maintenance of common areas is provided for a period of five years.

(Code 1976, § 29-110.04)

Approval of a planned unit development shall not be granted unless:

(1)

The city engineer and fire chief approve the plans and improvements.

(2)

All the standards of section 102-619 are met.

(3)

The board of appeals shall not recommend the planned development unless it finds that it is in the public interest and is not solely for the interest of the applicant.

(4)

The city council shall not act upon a proposed planned development until it shall have received a written report and recommendation from the board of appeals.

(5)

The city council may grant or deny any application for a planned development. However, if a written protest against the proposal, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the city clerk, the planned development shall not be passed except by a favorable vote of two-thirds of all members of the city council.

(6)

No application for planned development that has been denied by the city council shall be resubmitted for a period of one year from the date of the denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of appeals.

(Code 1976, § 29-110.05; Ord. No. 2024-15, § 19, 5-7-2024)

Proposals to convert rental residential property developed under a planned development designation to condominiums shall be subject to the same review and procedure required for uses upon review under division 2 of article II of this chapter.

(Code 1976, § 29-110.06)