A.   Diversification: A planned residential unit development (PRUD) is intended to allow for diversification in the relationship of various uses and structures, to permit more flexibility, to encourage new and imaginative concepts in the design of neighborhood and housing projects in urban areas. To this end, the development should be planned as one complex land use rather than an aggregation of individual unrelated buildings located on separate unrelated lots.

   B.   Compliance: Substantial compliance with the zoning regulations and other provisions of this Zoning Title in requiring adequate standards related to the public health, safety and general welfare shall be observed, without unduly inhibiting the advantages of large scale site planning for residential and related purposes. (Zoning Ord.)

   A.   Residential Zones: A PRUD shall be permitted in all residential zones, and notwithstanding any other provisions as hereinafter set forth, shall be applicable if any conflict exists.

   B.   Development Plan: An overall development plan for a PRUD showing building types, location, size, heights, number of residential units, access roads, open spaces, parking and landscaping may be approved by the Planning Commission and City Council and building permits issued in accordance with such plan, even though the residential uses, housing types, and the location of the buildings proposed differ from the residential uses, housing types, and regulations governing such uses in effect in the zone in which the development is proposed, provided the provisions of this Chapter are complied with.

   C.   Nonresidential Uses; Exception: Accessory nonresidential uses may be included in the development to provide the necessary service to the residents of the development as determined by the Planning Commission and City Council. (Zoning Ord.)

   A.   Minimum: The minimum area for a PRUD shall be as follows:

      6 acres in a R-1 Zone

      4 acres in a R-3 Zone

(Zoning Ord.; amd. Ord. 16-3-1, 8-3-1982)

   B.   Dwelling Units: The number of dwelling units in a PRUD may be ten percent (10%) higher than the number of dwelling units permitted by the area regulations of the zone in which the PRUD is located in accordance with the following:

      1.   Land for schools, churches and other nonresidential service type uses and land used exclusively for access to the usable area of a PRUD shall not be included in the area used for determining the number of allowable dwelling units.

      2.   The amount of bonus, if any, shall be determined by the Planning Commission after considering the proposed site in relation to public services and facilities, surrounding residential density and land use, adequacy of traffic access, topographic considerations and other related conditions.

   C.   Compliance: All proposed residential developments, with the exception of normal land subdivision, within the City equal to or in excess of the minimum area requirements for a PRUD as set forth in subsection A of this Section shall comply with the provisions of this Chapter and be developed as a PRUD. Land to be developed as a normal subdivision will be subject to the provisions of the Subdivision Title 1 . (Zoning Ord.)

   A.   Ownership: The development shall be in single or corporate ownership or the application filed jointly by the owners of the property.

   B.   Affect Of Adjacent Property: The property adjacent to the PRUD shall not be adversely affected and to this end, the Planning Commission may require, in the absence of appropriate physical boundaries, that uses of least intensity or greatest compatibility be arranged around the boundaries of the project. Yard and height requirements of the adjacent zone shall apply on the periphery of the project.

   C.   Determination Of Site Development Standards; Signs: Site development standards and sign regulations shall be determined when approving the site development plan.

   D.   Preservation Of Open Space: The City Council, upon recommendation of the Planning Commission, shall require the preservation, maintenance, and ownership of open space utilizing at the City's option one of the following methods:

      1.   Dedication of the land as a public park or parkway system; or

      2.   Granting to the City a permanent open space easement on and over said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of a homeowners' association, established with articles of association and bylaws which are satisfactory to the City; or

      3.   Complying with the provisions of Condominium Ownership Act of 1963, title 57, chapter 8, Utah Code Annotated, as amended, which provides for the payment of common expenses for the upkeep of common areas and facilities. Recreational uses and facilities may be developed within the common open space areas on compliance with a recreation and landscaping plan approved as part of the approved final development plan of the PRUD.

      4.   If the second or third method, subsection D2 and D3 of this Section, is utilized to maintain the open spaces, but the organization established fails to maintain the open spaces in reasonable order and condition, the City may, at its option, do or contract to have done the required maintenance and shall assess ratably the open space and individually owned properties within the PRUD. Such assessment shall be a lien against property and shall be filed with the County Recorder, or the City may bring suit to collect the maintenance fees, together with reasonable attorney fees and costs.

      5.   The developer shall be required to provide a surety or cash bond, escrow or bank letter of credit, in an amount determined by the City Engineer, guaranteeing the completion of the development of the open space, or a phase thereof. When completed in accordance with the approved plan, the bond shall be released. If uncompleted at the end of two (2) years, the City will review the progress and may proceed to use the bond funds to make the improvements to the open space areas in accordance with the approved plan. The bond shall be approved by the Mayor and by the City Attorney and shall be filed with the City Recorder.

      6.   Where access roads create corner lots of adjoining parcels of land, the location of the access road shall be located so as to maintain the minimum corner lot side yard requirements of the zone in which the corner lot is located, plus an additional ten foot (10') planting and walking area.

      7.   If the PRUD is to be subsequently divided either as a "subdivision" into phase development parcels or separately owned and operated units, such division boundaries shall be indicated on the development plan and preliminary subdivision approval concurrently obtained in the case of a "subdivision".

      8.   The Subdivision Title of the City as it now or hereafter exist applies to all developments.

      9.   Once the overall development plan showing details of buildings, structures and uses has been approved by the City Council after recommendations from the Planning Commission, no changes or alterations to such development plans or uses shall be made without first obtaining approval of the Planning Commission. Major revisions require City Council approval.

      10.   The area shall be adaptable to a unit type development and shall not contain within or through it any ownership or physical barrier which would tend to impair the unit cohesiveness. (Zoning Ord.)

   A.   Contents: An application for a PRUD shall be submitted to the Planning Commission and shall be accompanied by an overall development plan showing uses, dimensions and locations of proposed structures, areas reserved for public uses such as schools, playground, landscaping, recreational facilities and open spaces, areas reserved and proposals for accommodating the design and character of the proposed development.

   B.   Additional Information: Such other information shall be included as may be necessary to determine that the contemplated arrangement of uses make it desirable to apply regulations and requirements differing from those ordinarily applicable under this Zoning Title. (Zoning Ord.)

In considering the proposed PRUD, the Planning Commission shall consider:

   A.   Design: The design of buildings and their relationship on the site and their relationship to development beyond the boundaries of the development.

   B.   Streets: Which streets shall be public and which shall be private, the entrances and exits to the development and the provisions for internal and external traffic circulation and off-street parking.

   C.   Landscaping: The landscaping and screening as related to the several uses within the development and as a means of its integration into its surroundings.

   D.   Signs; Lighting: The size, location, design and nature of signs if any, and the intensity and direction of area or flood lighting.

   E.   Density: The residential density of the proposed development and its distribution as compared with the residential density of the surrounding lands, either existing or as indicated on the Zoning Map or Master Plan proposals of the City as being a desirable future residential density.

   F.   Time Limit: The demonstrated ability of the proponents of the planned residential unit development to financially carry out the proposed project under total or phase development proposals within the time limit established. (Zoning Ord.)

   A.   Planning Commission: The Planning Commission, subject to the requirements of this Chapter, may recommend approval or denial, or approval with conditions, of the proposed PRUD to the City Council.

   B.   City Council: The City Council, after holding a public hearing thereon, may approve or disapprove the application for a PRUD. In approving an application, the City Council may attach such conditions including a limitation of time during which the permit remains valid, as it may deem necessary to secure the purposes of this Chapter. Approval of the City Council, together with any conditions imposed, constitutes approval of the proposed development as a "permitted use" in the zone in which it is proposed. (Zoning Ord.)

The Building Department shall not issue any permit for the proposed building or use within the project unless such building or use is in accordance with the approved development plan and any conditions imposed. Approved development plans shall be filed with the Planning Commission, City Engineer, Public Works Director and City Recorder. (Zoning Ord.; 1997 Code)

Unless there is substantial action leading toward completion of a PRUD or an approved phase thereof within a period of twelve (12) months from the date of approval, as determined by the City Council, such approval shall expire, unless after reconsideration of the progress of the project, a six (6) month extension is approved. (Zoning Ord.)