Spencer City Zoning Code

   A planned unit residential development (PURD) is intended to encourage a more innovative approach to the development of residential land by permitting flexibility in design, placement of buildings and the use of open spaces, while at the same time retaining substantially the same population density and area coverage permitted in the district in which the project is located.

(Prior Code, § 9-14-1) (Ord. 135, passed 4-5-1971)

   Planned unit residential developments (PURDs) shall be located in either an A Residence District or a B Multiple Residence District and shall be subject to existing zoning and platting ordinances.

(Prior Code, § 9-14-2) (Ord. 135, passed 4-5-1971)

   (A)   Permitted uses.

      (1)   One, two and multiple dwellings; and

      (2)   Neighborhood retail uses and those uses permitted in the C-1 Commercial District may be specifically and selectively authorized as to type and size only when integrated by design as an accessory element of the project; provided the development is planned for more than 150 dwelling units.

   (B)   Use control.

      (1)   In a planned unit residential development, the zoning of areas for commercial uses shall not become effective until one-half of the total number of dwelling units planned is completed.

      (2)   In a planned unit residential development, there shall be a minimum of 5% of the total area of the planned area development dedicated or reserved as usable common open space land. Common open space lands shall be clearly designated on the plan as to character of use and development but shall not include:

         (a)   Areas reserved for the exclusive use or benefit of an individual tenant or owner;

         (b)   Dedicated streets, alleys and other public rights-of-way; and

         (c)   Vehicular drives, parking, loading and storage areas.

(Prior Code, § 9-14-3) (Ord. 135, passed 4-5-1971; Ord. 858, passed 7-6-2020)

   When necessary to ensure compatibility of buildings and uses with each other and with off-site properties, the Planning and Zoning Commission may recommend and the City Council may specify modification of such regulations, requirements and standards in the PURD District. Subject to the foregoing, the following minimum standards are established:

   (A)   Minimum lot area: 4,000 square feet;

   (B)   Minimum lot width: 40 feet;

   (C)   Maximum height: 45 feet;

   (D)   Front yard setback: 20 feet;

   (E)   Side yard setback: five feet;

   (F)   Rear yard setback: 15 feet;

   (G)   Maximum lot coverage: 80%;

   (H)   Accessory buildings: detached accessory buildings on a small lot size may be permitted up to two feet to the side and rear property lines, except no such building or structure, except for fences, shall be placed over any permanent easement;

   (I)   Density of dwelling units: within the PURD District to have the ability to combine single- and multiple-family residential dwelling units, the density for single-family dwellings may not exceed one per 4,000 square feet in the net development area. For multiple-family residential developments, the overall density shall not exceed one dwelling unit per 2,000 square feet in the net development area. The net development area shall be defined as that area remaining after subtracting those portions of the site set aside for non-residential uses (such as, streets, parks, schools, commercial and the like); and

   (J)   Off-street parking: the total required off-street parking facilities shall not be less than the sum of the required parking facilities for the various uses computed separately.

(Prior Code, § 9-14-4) (Ord. 858, passed 7-6-2020)

   (A)   Filing of application. An application to establish a planned unit residential development project shall be filed by:

      (1)   The owner or owners having title to all of the property in the area proposed for the planned unit development; or

      (2)   The Planning and Zoning Commission.

   (B)   Site plan. 

      (1)   A map shall be drawn to show dimensions of open space, public dedications and the horizontal and vertical dimensions of all proposed buildings and structures.

      (2)   The proposed plan shall be consistent with the interest and purposes of this subchapter to promote public health, safety and general welfare.

   (C)   Statement. An explanatory statement of the general purpose of the project shall accompany the application. The statement shall supplement the map with narrative information. The adoption of the text of the statement specifying the particular non-residential uses shall constitute a limitation to those specific uses.

   (D)   Certification. Preliminary submission for PURDs shall bear the seal of registration of an architect, engineer, landscape architect or planner who is registered in the state at the time of application.

(Prior Code, § 9-14-5) (Ord. 135, passed 4-5-1971)

   (A)   Preliminary plan. 

      (1)   The approval of the planned unit development shall be by the City Council upon recommendation of the Planning and Zoning Commission. A preliminary development plan shall be submitted to the Commission for its review and recommendation. The Commission shall then advise the City Council that such plans do or do not comply with the development policies of the city. A preliminary plan submitted for approval shall have Council action within 90 days after the date of submission.

      (2)   Preliminary approval by the Council shall be binding as to the general intent and apportionment of land and improvements, but shall not be construed to render inflexible the ultimate design, specific uses or final plan of the project.

   (B)   Final development plan. The applicant shall, within one year of the date of preliminary plan approval by the Council, submit a final development plan identifying the location and extent of uses and improvements as authorized in the approved preliminary plan and complying with any stipulations of the Council.

   (C)   Non-completion. Upon the written notice of abandonment or the expiration of three years from the final approval by the City Council of a planned unit development which has not by then been completed, the approval may be terminated by the Council after having given due consideration to the preservation of open space to that part of the project which has already been developed.

(Prior Code, § 9-14-6) (Ord. 135, passed 4-5-1971)

   A planned unit development project in a residential district shall contain an area of not less than one acre.

(Prior Code, § 9-14-7) (Ord. 135, passed 4-5-1971; Ord. 858, passed 7-6-2020)