The purpose of this Article is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the adequate and economical provisions of streets and utilities; and to preserve the natural and scenic features of open areas.

(Ord. 209 Art. V §1, 1981)

(a)

Single-family residential development proposals exceeding six (6) units on lots of contiguous ownership; all multi-family above four (4) dwelling units or mobile home residential development proposals on a parcel or parcels totaling one (1) acre or more in size; and all commercial, industrial, public and quasi-public development proposals on a parcel or parcels totaling one (1) acre or more in size shall be ,processed in accordance with the planned unit development procedures of this Article. In addition, owners of property located in the Central Business District Zone District which are required to submit for a planned unit development approval as a condition of a lot consolidation pursuant to Section 17-79(b).

(b)

The yard and bulk requirements stated in Article II shall not apply to planned unit developments, except that, if a PUD is proposed for an area currently zoned for residential use, the minimum lot area of the current zoning district will be utilized in determining residential density. These requirements shall be controlled by the criteria and standards of this Article and as shown on the approved planned unit development plan.

(c)

Uses permitted in a planned unit development shall be approved only after such uses are found, after review, to not be in conflict with the surrounding neighborhood and to conform to the Comprehensive Plan.

(d)

A zoning change is required for planned unit developments and the area included in each approved planned unit development shall be indicated on the zoning map.

(e)

The Town shall determine appropriate uses, densities and yard and bulk requirements for each planned unit development based on (i) the criteria set forth above, (ii) the impact of the proposed development on traffic flow, utilities, schools and Town resources and (iii) the preservation of the natural scenic features of surrounding areas.

(Ord. 209 Art. V §2, 1981; Ord. 246 §5, 1983; Ord. 382 §6, 1994; Ord. 645 §20, 2008; Ord. 746 §2, 2017; Res. 2021-06 §21, 2021; Ord. 838 §2, 2023)

It is the intent of this Article that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned unit development under this Article unless the property is located in the Central Business District Zone District and a condition of approval of a lot consolidation, pursuant to Section 17-79(b), is an application and approval of a planned unit development.

(Ord. 209 Art. V §3, 1981; Ord. 838 §3, 2023)

(a)

A preliminary application for approval of a planned unit development may be filed by a person having an interest in the property for which the planned unit development is requested and shall be made on a form provided by the Town. The application must include three (3) hard copies and one (1) PDF copy, adequate for review by Town staff of the following:

(1)

A preliminary development plan illustrating:

a.

Adjacent land uses;

b.

Boundary and size of site;

c.

Existing topographic character of the land at a contour interval of two (2) feet if the slope is less than ten percent (10%) (spot elevations may be required if the land is too flat for contours) and five (5) feet if the slope is greater than ten percent (10%);

d.

Proposed land uses and their respective acreage;

e.

The character of the proposed development and the proposed number of dwelling units, if applicable;

f.

The location of proposed streets and bicycle/pedestrian paths;

g.

The location and size of proposed public and semi-public uses, both dedicated and other; and

h.

Areas of potential hazard such as one-hundred-year floodplain, rock slides, subsidence or other similar hazards and mineral areas of economically feasible extraction value.

(2)

A written statement including:

a.

An explanation of the character of the planned unit development and the manner in which it has been planned to take advantage of the planned unit development regulations;

b.

A statement of the present ownership and legal description of all the land included within the planned unit development; and

c.

A general indication of the anticipated development schedule.

(3)

Other information the applicant believes will support the preliminary application.

(b)

The applicant shall furnish a list of the names and addresses of owners of property located within three hundred (300) feet of the subject site.

(c)

Upon review of the application, the Planning Commission may determine that additional information is critical to its evaluation of the application. The applicant shall be responsible for furnishing such additional information if so requested.

(d)

The applicant shall pay a nonrefundable preliminary planned unit development application fee set forth in Section 4-151 to the Town upon submission of the application to cover processing costs of the Town. In addition to the fee, a deposit in an amount determined by the Town to be sufficient to cover costs incurred by the Town for necessary legal, planning, engineering and other technical review of the application and an executed agreement by which the applicant agrees to replenish the deposit when requested by the Town and to pay on a monthly basis all costs incurred by the Town in processing the application shall be filed with the Town at the time the application is filed. The Town Clerk shall send the applicant a monthly statement of costs incurred by the Town. Said costs shall be paid in full prior to final consideration of the preliminary application. The cost of an election and any legal fees incurred by the Town related to such election shall be paid by the Town should an appeal to the electorate be initiated through citizen referendum petition. Any amount of the deposit not expended will be refunded by the Town within forty-five (45) days after the applicant's withdrawal of the application, the Town's final action on the application, or the effective date of the ordinance approving the application.

(Ord. 209 Art. V §4, 1981; Ord. 382 §7, 1994; Ord. 552 §2, 2001; Ord. 794 §1, 2018; Res. 2021-06 §22, 2021)

(a)

The final application shall be filed within one (1) year of approval of the preliminary application unless the applicant and Planning Commission mutually agree, in writing, to an extension of the filing deadline. The application shall be made on a form provided by the Town and shall include three (3) hard copies and one (1) PDF copy, adequate for review by Town staff, the following:

(1)

A final plan illustrating:

a.

Boundary, overall size and a legal description of the site;

b.

Proposed topographic character of the land at a contour interval of two (2) feet if the slope is less than ten percent (10%) (spot elevations may be required if the land is too flat for contours) and five (5) feet if the slope is greater than ten percent (10%);

c.

The proposed land uses and their respective acreage;

d.

The location and size or building envelopes of all buildings, structures and improvements;

e.

The architectural character of all buildings and structures including their maximum height;

f.

The density and type of dwellings, if applicable;

g.

The internal vehicular circulation system including arterial collector and local street design, right-of-way widths, curb cuts, turning movement and access control;

h.

Pedestrian and bicycle circulation system;

i.

Off-street parking areas, loading areas and service areas, including refuse disposal;

j.

Areas which are to be dedicated for public use or reserved as common open space;

k.

The location and design of proposed signs and exterior lighting plan;

l.

Areas of known hazard such as one-hundred-year floodplain, rock slides, subsidence or other similar hazards and mineral areas of potentially economically feasible extraction value;

m.

A landscape plan illustrating size, type and location of plant materials and an irrigation plan, if applicable;

n.

Anticipated utility requirements; and

o.

Development phasing.

(2)

A written statement including:

a.

An explanation of the character of the planned unit development and the manner in which it has been planned to take advantage of the planned unit development regulations;

b.

A statement of the present ownership and legal description of all the land included within the planned unit development; and

c.

A brief statement describing the environmental impact of the planned unit development with specific reference to the performance standards identified in this Chapter.

(b)

The applicant shall pay a nonrefundable final planned unit development application fee to the Town upon submission of the application to cover processing costs of the Town. Said fee shall be equal to the zoning amendment fee. In addition to the fee, a deposit in an amount determined by the Town to be sufficient to cover costs incurred by the Town for necessary legal, planning, engineering and other technical review of the application and an executed agreement by which the applicant agrees to replenish the deposit when requested by the Town and to pay on a monthly basis all costs incurred by the Town in processing the application shall be filed with the Town at the time the application is filed. The Town Clerk shall send the applicant a monthly statement of costs incurred by the Town. Said costs shall be paid in full prior to final consideration of the final plat. The cost of an election and any legal fees incurred by the Town related to such election shall be paid by the Town should an appeal to the electorate be initiated through citizen referendum petition. Any amount of the deposit not expended will be refunded by the Town within forty-five (45) days after the applicant's withdrawal of the application, the Town's final action on the application, or the effective date of the ordinance approving the application.

(Ord. 209 Art. V §5, 1981; Ord. 246 §6, 1983; Ord. 382 §8, 1994; Ord. 794 §2, 2018; Res. 2021-06 §23, 2021)

(a)

The applicant shall submit the complete preliminary application to the Zoning Administrator. Upon finding the application complete, the Zoning Administrator shall submit the preliminary application to the Planning Commission.

(b)

Within sixty (60) days of receipt of the preliminary application from the Zoning Administrator, the Planning Commission shall hold a public hearing to consider the application. Public notice of the hearing shall be published in a newspaper of general circulation within the Town at least fifteen (15) days prior to such hearing. Additionally, owners of property within three hundred (300) feet of the subject property shall be notified of the public hearing by first-class mail and the property shall be posted at least fifteen (15) days prior to the hearing along the part of such property fronting on a street.

(c)

Within thirty (30) days following the public hearing or within such time as is mutually agreed by the Planning Commission and the applicant, the Planning Commission shall either recommend approval, approval with conditions, or denial of the application to the Board of Trustees.

(d)

Upon receipt of the Planning Commission recommendation, the Board of Trustees shall act on the recommendation after holding a public hearing. Public notice of the hearing shall be published in a newspaper of general circulation within the Town at least fifteen (15) days prior to such hearing.

(e)

Approval of the preliminary application shall be valid for one (1) year. A one-year extension of approval time may be granted by the Planning Commission upon written request by the applicant.

(Ord. 209 Art. V §6, 1981; Ord. 793 §1, 2018; Res. 2021-06 §24, 2021)

(a)

All or any portion of an approved preliminary application may be submitted for final application approval. In the case of a partial submission, the approval of the remaining portion of the preliminary application shall automatically gain an extension of one (1) year.

(b)

The applicant shall submit the completed final application to the Zoning Administrator. Upon finding the application is complete, the Zoning Administrator shall submit the final application to the Planning Commission.

(c)

Within sixty (60) days of receipt of the final application from the Zoning Administrator, the Planning Commission shall hold a public hearing to consider the application. Public notice of the hearing shall be published in a newspaper of general circulation within the Town at least fifteen (15) days prior to such hearing. Additionally, owners of property within three hundred (300) feet of the subject property shall be notified of the public hearing by first-class mail and the property shall be posted at least fifteen (15) days prior to the hearing along the part of such property fronting a street.

(d)

Within thirty (30) days following the public hearing or within such time as is mutually agreed by the Planning Commission and the applicant, the Planning Commission shall either approve the application, with or without conditions, or deny the application and recommend the same to the Board of Trustees.

(e)

Within sixty (60) days of receipt of the Planning Commission recommendation, the Board of Trustees shall approve the application, with or without conditions, or deny the application.

(f)

No improvements for an approved planned unit development plan shall be constructed until the Zoning Administrator has issued a planned unit development certificate. The certificate shall be issued only after the applicant has entered into an agreement with the Town specifying that all conditions imposed by the Board of Trustees will be completed and that the use and improvements will be in accordance with the approved final application. The agreement shall be recorded in the office of the County Clerk and Recorder.

(Ord. 209 Art. V §7, 1981; Ord. 435 §1, 1996; Ord. 793 §2, 2018)

(a)

A planned unit development application shall be approved only if the Board of Trustees finds that:

(1)

The application is generally compatible with adjacent land uses;

(2)

The application is consistent with the Comprehensive Plan;

(3)

The Town has the capacity to serve the proposed use with water, sewer, fire and police protections;

(4)

For property within the Central Business District Zone District, the planned unit development application demonstrates general conformance with the intent, uses, and yard and bulk requirements of the Central Business District Zone District or that any deviations from these requirements is necessary to ensure compatibility with adjacent land uses and/or consistency with the Comprehensive Plan and any applicable sub-area plan;

(5)

The planned unit development utilizes the natural character of the land, includes compatible land uses, provides for fire and police protection, off-street parking, vehicular, pedestrian and bicycle circulation and outdoor recreation; is of overall compatible architectural design; achieves adequate screening, buffering and aesthetic landscaping; avoids development of areas of potential hazard; ensures compliance with the performance standards; and meets all other provisions of this Chapter.

(b)

In considering an application for a planned unit development, the Board of Trustees may impose conditions on the final application to ensure compliance with this Article.

(c)

All provisions of a planned unit development shall be recorded in a development agreement. Such agreement shall not be final until the agreement is approved by the Board of Trustees and fully executed by all parties.

(Ord. 209 Art. V §8, 1981; Ord. 382 §9, 1994; Ord. 645 §21, 2008; Res. 2021-06 §25, 2021; Ord. 838 § 4, 2023)

All approved planned unit development plans, including modifications and conditions, shall be endorsed by the Board of Trustees and made a permanent part of the zoning map.

(Ord. 209 Art. V §9, 1981)

No approved planned unit development plan shall be altered unless the final development plan is amended and approved in accordance with the procedures applicable to the approval of a final application as set out in this Article, except that minor changes in the location, siting or character of buildings and structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final development program was approved.

(Ord. 209 Art. V §10, 1981)

Any person applying to the courts for a review of any decision made under the terms of this Article shall apply for review within thirty (30) days after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings.

(Ord. 209 Art. V §11, 1981)