(1)

The provisions of this section are designed to deal with large scale residential and commercial development and facilitate better site planning and community planning through modification of certain district regulations as they apply to such development.

(2)

It is hereby recognized that for large scale development, the regulations of districts in the Zoning Code, either individually or collectively, might impose unnecessary or undesirable rigidities on the site plan and thereby prevent achievement of the best possible plan within the Code. Therefore, this article has the following intents:

(a)

To permit flexibility in site design;

(b)

To achieve more efficient use of land, within the framework and intent of the zoning ordinance, which can result from large scale or multiple-use developments;

(c)

To encourage and permit provision of open space;

(d)

To protect and preserve scenic assets and natural features and to incorporate these into the development, as well as reducing the amount of land disturbance necessary to prepare the site;

(e)

To foster a more stable community by providing a variety and balance of housing types and living environments;

(f)

To encourage and permit variety in the location of buildings, streets, parking lots and other facilities and activities;

(g)

To increase the safety of pedestrian and vehicular traffic by reducing the number of traffic conflict points within a development; and

(h)

To reduce land cost per dwelling unit in residential subdivisions.

(3)

This article is intended to achieve these objectives while promoting and protecting the public health, safety and welfare of the city, and while safeguarding the present or future use and development of areas surrounding a proposed "PUD".

(4)

The "PUD" designation is intended to be attached to residential and commercial use districts set forth in Appendix A, not as a separate zoning district. The "PUD" designation may be attached to a parcel of land at the times its zoning classification is amended, or it may be attached to a parcel of land under the zoning district classifications(s) existing at the date of application of "PUD" designation. It is further intended that a "PUD" designation can be applied to either a residential or commercial development.

The board of aldermen of the city shall have the authority to approve area and final planned unit development (PUD) plans. Such plans may be considered by the board of aldermen only after the commission has reviewed the plans and submitted its recommendations to the board of aldermen.

(1)

The minimum lot area to be developed under the regulations of this article shall be five acres, provided however, that the minimum lot area may be waived by the commission if the parcel in question has certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas; wetlands, floodplain, or poor soil conditions on portions of the property; watercourses or utility easements crossing the parcel; unusual shape or proportions; and isolation from other undeveloped or developable lands. In such cases, the applicant shall submit information to the commission to support the request for a waiver of the minimum tract size requirement. The commission shall consider the request and act thereon, record said action in the minutes of the meeting, and inform the applicant of the action in writing. The request for waiver and the commission's action shall be made prior to the applicant's submittal of an application for a planned unit development designation. If the commission accepts the request for waiver of minimum tract size, the commission shall indicate its decision and the reasons herefore in its report to the board of aldermen as required in section herein.

(2)

No proposed lot within an area plan or final plan may be less than 3,000 square feet.

(3)

Said developments may use zero lot line development. A minimum of two homes, but no more than four homes, may share a zero lot line.

(4)

In order to maintain privacy, no windows, doors, air-conditioning units or other types of openings in walls along the zero lot line shall be allowed, except where such openings do not allow for visibility into the side yard of the adjacent lot such as a clerestory skylight or opaque window.

(5)

Eaves along a zero lot line may project a maximum of 18 inches over the adjacent property line.

(6)

A perpetual easement related to maintenance, eaves, drainage of at least five feet shall be provided on the Lot adjacent to the zero Lot Line property line, with the exception of walls and/or fences, shall be kept clear of Structures. This easement shall be shown on the face of the preliminary plat and made a part of the final plat, and incorporated into each deed transferring title to the property. Proof of said recorded easement shall be submitted to the building inspector and must be contained on the building restrictions and final plat prior to the issuance of a building permit. The building wall along the zero lot line shall be maintained in the original color and treatment unless otherwise agreed to in writing by the two affected lot owners.

(7)

Each lot using a zero lot line shall be served by a public water supply and public sewer system.

(8)

Off-street parking spaces shall be provided in accordance with the requirements set forth in the Code of Ordinances of the City.

(9)

To avoid blank walls along the common lot line, one or more of the following wall treatments shall be used along any zero lot line wall that is visible from the public right-of-way:

Recessed or raised areas.

Variations in material patterns or texture.

Trellis, arbors, climbing vines or other landscape enhancement treatments.

Architectural details such as cornices, pilasters, or trim.

Innovative lot schemes and site plans which reduce the visual impact of a blank wall.

(10)

Zero lot line developments must be shown in the preliminary plat and final plat with the approximate location of the buildings proposed to be placed within the required setbacks on the plat before any plat approval will be considered or approved.

(1)

The owner(s) of record, or any person(s) acting on behalf of the owner(s) of record of any tract five acres or larger in area, may apply for "PUD" designation. The application for a "PUD" designation shall be for review and approval of an area plan for development of the entire tract. The application may accompany a zoning amendment application for the lot in question. Following review by the commission and approval of the area plan and designation of the lot as a "PUD" by the board of aldermen, a second application shall be made for approval of a final site plan for the entire tract, or portion thereof, if development is to occur in phases. A separate application for final site plan approval shall be required for each phase. No construction or other site improvements may commence and no permit, shall be issued therefore, on a tract with a multiple stage "PUD" designation, until a final site plan for said tract or part thereof has been approved in accordance with this article.

(2)

Each application shall be filed with the city who shall transmit the area plan to the commission. The application must be filed at least 20 working days prior to the commission meeting at which it is to be first considered.

(3)

The applicant may appear before the commission, prior to application for a PUD designation, to discuss the proposed development.

(1)

Application. The application for area plan approval shall include the following information:

(a)

The name of the proposed "PUD";

(b)

Names, addresses and phone numbers of the owner(s) of record, engineer, surveyor or designer responsible for the planning, engineering survey and design;

(c)

Acreage in the preliminary plan/plat;

(d)

Legal description of the entire "PUD";

(e)

Proposed deed restrictions, protective covenants, and homeowners' association articles of incorporation and bylaws;

(f)

Signature(s) of applicant(s) and owner(s) certifying the accuracy of the requested information;

(g)

Receipt showing paid application fee; and

(h)

Any additional information deemed necessary by the city and/or the city engineer.

(2)

Area plan. The application shall be accompanied by ten copies of the proposed area plan drawn at appropriate scale showing:

(a)

Name of the proposed "PUD" project;

(b)

Scale, date and north arrow;

(c)

A key map showing the "PUD" in relation to the surrounding area;

(d)

Within 200 feet of the proposed development, names of adjacent subdivisions, layout of streets (with names), rights-of-way widths, connections with adjoining platted streets, widths and locations of alleys, easements and public sidewalk adjacent to or connecting with the tract, location and size of all existing sanitary sewer, storm sewer and supply facilities;

(e)

Existing conditions in the plan area showing all utilities bridges, streets, drives or alleys and existing structures;

(f)

Existing topography (at least two foot contour intervals);

(g)

The zoning status of the "PUD" and of all adjacent properties shall be identified on the plan. If the project contains more than one planned district category, the zoning District boundary lines shall be clearly indicated

(h)

The general plan layout of the entire "PUD" showing proposed land uses, streets, parking areas, open space areas and sidewalk with significant dimensions indicated where appropriate to clarify the plan;

(i)

All planned use areas shall be clearly labeled as to the proposed use and all parcels of lands to be dedicated or reserved for public use or for use in common by property owners in the planned district shall be indicated on the plan dedication or reservation;

(j)

The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of land, buildings and structures, including proposed easement or grants for public utilities;

(k)

Proposed stages of development;

(l)

Site plan data shall be indicated on the area plan and shall include the items below:

1.

Total gross area of the "PUD" area plan in acres;

2.

Breakdown of total gross area by land use type such as town houses, garden villas, single-family, open space, etc.; and

3.

Residential/commercial data.

(i)

Estimated total residential units or square footage.

(ii)

Average square feet of each residential/commercial lot.

(iii)

Total parking ratio per dwelling unit or total number of commercial spaces.

(m)

Any additional information deemed necessary by the city to adequately illustrate the proposed development; and

(n)

Elevations of structures to be built within the subdivision are to be provided as a part of submittal. In the case of custom built homes, a plot plan for a "typical" structure must be provided.

(1)

Upon receipt of the area plan from the administrative officer, the commission shall undertake a study of the area plan. The commission shall advise the applicant in writing of any recommended changes in the area plan as are needed to conform to the standards of this article and other pertinent ordinances.

(2)

The commission shall at the next meeting after which it receives the area plan from the city, review the area plan as well as, if necessary, a zoning amendment.

(3)

The commission shall prepare a report on the area plan and shall submit this report to the board of aldermen. The report shall contain the commission's analysis of the area plan and its recommendations thereon to the board of aldermen. If a zoning amendment application is made for the subject lot, the commission shall report to the board of aldermen its review and recommendations concerning said amendment simultaneously with its reports on an area plan.

(4)

The board of aldermen shall review the area plan and the report of the Commission thereon and shall approve or deny the area plan. If a zoning amendment application has been made for the subject tract to permit the development proposed in the area plan, the board of aldermen shall take action on such amendment before taking action on the area plan.

(5)

If the area plan is approved by the board of aldermen, the applicant shall review the area plan in its approved form. The applicant and the owner(s) of record shall then sign a statement that the approved area plan shall be binding upon the applicant and the owner(s) of record and upon their heirs, successor and assigns. The area plan shall not be officially approved nor may the applicant submit a final site plan for the lot or any part thereof until said statement has been signed as required herein. The foregoing approval and signing shall constitute official approval of the "PUD" designation for the subject tract. Rezoning may be made contingent upon the "PUD" statement being properly signed.

(6)

Within 15 working days of the official approval of an area plan, the mayor shall accurately note, and the city clerk attest, the "PUD" designation for the lot in question on the official zoning map.

The commission shall determine and shall provide evidence of same in its report to the board of aldermen and the board of aldermen shall determine, based upon its review of the commission's report and its own findings, that the proposed area plan meets the intent of this article and meets the following standards:

(a)

The use of land shall be in conformance with the permitted uses of the district in which the proposed development is to be located, and conforms to the adopted comprehensive plan or any part thereof, or represents land use policy which, in the commission's opinion, is a logical and acceptable change in the adopted comprehensive plan.

(b)

The average density of development within the "PUD" shall remain the same as would be permitted if the area were to be developed conventionally. Average density is to be calculated as total land area excluding public right-of-way, land to be used as detention basins and common ground. Common ground and stormwater retention facilities may be used in the calculations if it is developed with acceptable amenities. However, the development (Buildings) so permitted may be clustered and located irrespective of yard setback requirements or lot lines in order to create a smaller network of streets and utility lines and to create additional opens space for the enjoyment of the residents.

(c)

The proposed development shall be adequately served by public facilities and services such as: Highways, streets, police and fire protection, drainage courses, water and sanitary sewer facilities, refuse disposal; or that the persons or agencies responsible for the proposed development shall be able to provide, in a manner acceptable to the board of aldermen, any such facilities and services.

(d)

Each phase of the proposed development shall not be dependent upon completion of subsequent phases of the same development for the facilities and services identified in subsection (3) above.

(e)

The common open space, any other common properties, individual properties, and all other elements of the "PUD" are so planned that they will achieve a unified environmental scheme, with open spaces and all other elements in appropriate locations, suitably related to each other, the site and the surrounding land. All common spaces shall be permanently secured as such to the satisfaction of the board of aldermen.

(f)

The location of the proposed uses, layout of the site and its relation to streets giving access to it shall be such that traffic to, from and within the tract, and concentration of persons in connection therewith, will not be hazardous or inconvenient to the project of the neighborhood. In applying this standard, the commission and the board of aldermen shall consider, among other things, convenient routes for pedestrian traffic, particularly of children; relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the neighborhood.

(g)

Where applicable, the commission and board of aldermen shall determine that noise, odor, light, or other external effects from any source whatsoever, which are connected with the proposed use, will not adversely affect adjacent and neighboring areas and uses.

(h)

Yard requirements along the perimeter of the "PUD" shall be at least equal to those required in district(s) in which the "PUD" is located.

Approval of the area plan by the board of aldermen shall have the following effects:

(a)

Approval shall assure the applicant that the area plan is acceptable to the board of aldermen for the two year period provided construction is diligently pursued and authorizes the applicant to file a final site plan for the entire tract or portion thereof if the "PUD" is developed in phases.

(b)

Official approval of the area plan shall confer "PUD" status to the subject tract and permit modifications of lot area, lot width, yard requirements, and spacing among buildings and structures within the lot, except on the perimeter thereof, all as set forth in the approved area plan.

(c)

No deviations from the area plan approved by the board of aldermen shall be permitted except as provided in this article.

(d)

Approval of the area plan of "PUD" shall expire and be of no effect two years after the date of approval unless a final site plan has been approved by the commission.

Every final site plan submitted to the commission shall be in accordance with the requirements of this section.

(1)

The final site plan shall be of a scale not greater than one inch equals 20 feet nor less than one inch equals 200 feet and of such accuracy that the commission can readily interpret the plan and shall include more than one drawing where required for clarity.

(2)

The property shall be identified by lot lines and location, including dimensions, angles and size, correlated with the legal description of said property. The plan shall be designed and prepared by a registered professional architect, engineer or land surveyor. It shall further include the name and address of the property owner(s), developer(s) and designee(s).

(3)

It shall show the scale, north point, boundary dimensions, natural features such as woodlots, streams, rivers, lakes, drains and topography (at least two foot contour intervals).

(4)

It shall show existing manmade features such as buildings, structures, easements, high tension towers, power lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts and drains and shall identify adjacent properties within 200 feet and their existing uses.

(5)

It shall show the location, proposed finished floor and grade line elevations, size of proposed main and accessory building, their relation one to another and to any existing structure to remain in the site, and the height of all buildings and structures, as well as building elevations for the buildings proposed.

(6)

It shall show the proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of parking spaces in the off-street parking areas and the identification of service lanes, service parking and loading zones.

(7)

It shall show the proposed location, use and size of open spaces and the location of any landscaping, fences or walls on this site. Any proposed alterations to the topography and other natural features shall be indicated.

(8)

It shall show the location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property. It shall be stated that all necessary utilities (public and private) will be available, functioning and usable at the time any stage of the project or the total project is ready for occupancy.

(9)

A proposed landscape plan.

(10)

Any other information deemed necessary by the commission.

(11)

Ten copies are to be submitted at the time of application.

(1)

The commission shall, upon receipt of a final site plan, study same and approve or deny the final site plan. The commission shall advise the applicant of its action in writing.

(2)

The commission shall transmit the approved final site plan to the board of aldermen for its information.

(3)

The applicant and owner(s) of record shall review the approved final site plan and sign a statement that the approved final site plan shall be binding upon the applicant and the owner(s) and their heirs, successors and assigns.

(4)

Building permits may be issued after the applicant has signed the required statement.

(5)

The procedure of this section shall be repeated in full force for each phase of the development in the approved area plan.

The commission, in granting final site plan approval, shall determine that the following standards have been met:

(a)

The final site plan shall conform to the approved area plan, except that minor variations in layout maybe permitted at the discretion of the commission and without amendment of the approved area plan. Minor variations include, among others, a change in residential floor area and a change in layout provided that in the case of a change in layout, the applicant shall provide the board of aldermen and the commission each a revised area plan which incorporates such layouts. The revised plans shall each be signed by the applicant and owner(s) of record.

Modifications, such as, but not limited to, type of street, increase in density or intensity of development, or type of dwelling unit, shall be considered major changes and shall require amendment of the approved area plan. The commission shall determine whether a change is minor or major in accordance with this section.

(b)

All dedications shall have been effectuated or, in lieu thereof, proper agreements shall be made for such dedication in the future with the board of aldermen.

(c)

If the lot is to be developed in phases, each phase shall not depend on subsequent phases for adequate access, utilities or public facilities.

Once a developer has received final plan approval, it shall be the developer's responsibility to maintain the following at their sales office:

(a)

Description of the developer's subdivision trustees responsibilities for common ground within the subdivision;

(b)

A copy of their approved final plan indicating the nature of all adjacent zoning as of date of approval;

(c)

A copy of all instruments, restrictions and covenants be available also; and

(d)

Developers shall be required to post notice at the sales office that these items are available for review.

All open spaces identified in the approved area plan and which are to remain in private ownership shall permanently remain as open space and shall be properly maintained.

An approved "PUD" project may be amended at either the area plan or final site plan stage by use of the procedure for original approval. An amendment to a final site plan which results in a major change in the area plan shall require an amendment of the area plan and shall be processed in the same manner as the original application with review before the commission and a public hearing before the board of aldermen following due public notice as required by law.

(1)

If a tract has been designated as a "PUD" by the board of aldermen, said tract shall not be developed or used except in accordance with the approved area plan and final site plan unless and until such designation is removed by formal action of the board of aldermen.

(2)

A final site plan for the entire area designated as a "PUD", excepting all final site plans for subsequent phases thereof up to a period not to exceed two additional years, shall have received approval of the commission within two years of the date of board of aldermen approval of the area plan. Failure to obtain approval of final site plans as herein provided shall authorize the board of aldermen to revoke, at its discretion, the right to develop under the approved area plan and to require the board of aldermen that a new area plan be filed and reviewed in accordance with the provisions of this article.

(3)

Approval of the final site plan of a "PUD" shall expire and be of no effect 180 days after the date of approval unless and until all appropriate fees have been paid and the city shall have issued a building permit for the development authorized by said approved plan. Approval of the final site plan in a "PUD" shall expire and be of no effect one year after the date of approval unless construction is begun and is diligently pursued in accordance with the approved plan. Expiration of the approved plan shall authorize the board of aldermen to require filing and review of a new final site plan in accordance with the provision of this article.

(4)

Development under an approved "PUD" shall be completed within two years of the date of approval of the final site plan. If said development is not so completed, the commission shall not review or approve plans for any subsequent phases of the "PUD" unless good cause can be shown for not completing same.

No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the city or the administrative officer.

Time limits set forth in this article may be extended with written agreement between the applicant and the commission or board of aldermen, whichever is applicable, in the case of area plans and between the applicant and the commission in the case of final site plans. However, the two-year time periods provided herein shall not be extended unless so ordered by the board of aldermen.

The approved area plan and/or final site plan shall have the full force of the Zoning Code. Any violation of either the approved area plan or approved final site plan shall be grounds for the administrative officer to issue a stop work order and to withhold building permits or certificates of occupancy until the violation is removed and is shall cause the owner of the development to be subject to the provisions of this article.