Planned unit development is an alternative to conventional development where the particular tract is under common ownership or control, and a detailed plan (master plan and design statement) for the development of the tract as a unit is proposed and submitted for public review. The supplemental zoning district PUD must be approved by the city council as a prerequisite to the planned unit development.

(Code 1990, § 12-321; Code 2010, § 12-321; Code 2013, § 48-534; Ord. No. 502, 9-3-1991)

The purposes of the planned unit development are to:

(1)

Permit innovative land development while maintaining appropriate limitation on the character and intensity of use and ensuring compatibility with adjoining and proximate properties;

(2)

Permit flexibility within the development to best utilize the unique physical features of the particular site;

(3)

Provide and preserve meaningful open space; and

(4)

Achieve a continuity of function and design within the development.

(Code 1990, § 12-322; Code 2010, § 12-322; Code 2013, § 48-535; Ord. No. 502, 9-3-1991)

Planned unit development is permitted on tracts having the supplement district designation PUD. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this article.

(Code 1990, § 12-323; Code 2010, § 12-323; Code 2013, § 48-536; Ord. No. 502, 9-3-1991; Ord. No. 503, 9-3-1991)

(a)

The development may consist of one or more of the uses permitted by right or exception within the general zoning district or districts within which the planned unit development is located, provided that if any part of the planned unit development is located within a residential district, the permitted uses may additionally include one or more of the following dwelling types:

(1)

Single-family dwelling;

(2)

Duplex dwelling;

(3)

Multifamily dwelling; or

(4)

Townhouse and similar uses.

(b)

The permitted uses may be reallocated within the development irrespective of the general zoning district boundaries.

(c)

However, these provisions may be modified per the provisions of section 48-552.

(Code 1990, § 12-324; Code 2010, § 12-324; Code 2013, § 48-537; Ord. No. 502, 9-3-1991; Ord. 505, 9-3-1991)

Accessory uses customarily incident to the principal uses within the PUD are permitted. Accessory signs shall comply with provisions of the residential district except as hereinafter provided for accessory commercial uses.

(1)

Accessory commercial. In addition to accessory uses customarily incidental to permitted principal residential use, accessory commercial facilities may be included within the residential portion of a PUD in accordance with the following standards:

a.

The commercial uses shall be limited to convenience goods and services and eating places other than drive-ins;

b.

The aggregate floor area of the commercial facilities shall not exceed 50 square feet per dwelling unit nor a total of 30,000 square feet;

c.

Each commercial establishment shall be limited to a maximum of 3,500 square feet of floor area;

d.

Commercial signs shall be limited to one nameplate of not more than 16 square feet for each establishment. Nameplates shall be attached flat against a building wall and shall not be animated, flashing, or have other than indirect illumination. Window signs shall not be permitted; and

e.

The commercial area shall be designed primarily for the service, convenience, and benefit of the residents of the PUD, and shall be designed and located in such manner as to be compatible with the residential use of the PUD and of adjacent properties.

(2)

Designated nonresidential development area.

a.

The aggregate display surface area for wall or canopy signs shall not exceed two square feet per each linear foot of the building wall to which the sign or signs are affixed;

b.

In addition to the wall or canopy signs permitted in subsection (2)a of this section, a lot containing one or more business establishments may utilize for business signs an aggregate display surface area of ground signs, as follows:

1.

If not more than one ground sign is erected, one square foot of display surface area per each linear foot of street frontage, provided that only arterial street frontage shall be used in the computation of display surface area for lots that abut more than one street; or

2.

If more than one ground sign is erected, 0.5 square feet of display surface area per each linear foot of street frontage, provided that only arterial street frontage shall be used in the computation of display surface area for lots that abut more than one street;

c.

In addition to the wall or canopy signs permitted in subsection (2)a of this section, and in addition to the business signs permitted in subsection (2)b of this section, a lot containing four or more business establishments may erect one ground sign for each arterial street frontage identifying the commercial complex and individual tenants therein, not exceeding in aggregate display area one square foot per four feet of linear arterial street frontage.

(Code 1990, § 12-325; Code 2010, § 12-325; Code 2013, § 48-538; Ord. No. 502, 9-3-1991)

It is the intent of this chapter that the aggregate intensity of use within the planned unit development remains substantially the same as that which would be permitted if the area were developed conventionally, but that within the development, the intensity may be reallocated irrespective of the general zoning district boundaries:

(1)

Residential intensity. The residential intensity shall not exceed a minimum number of dwelling units computed as follows:

a.

Maximum number of permitted dwelling units equals the gross area of property located within a residential district divided by minimum land area per d.u. permitted in the applicable use district. Note: For the purposes of intensity computations, the term "gross area" means the lot area plus one-half of the right-of-way of any abutting street to which the lot has access.

b.

The minimum land area per dwelling unit, for the purposes of the above-described computation, shall be the least restrictive minimum land area per dwelling unit permitted in the applicable district as set forth in sections 48-441 through 48-443. Each 600 square feet of a quasi-dwelling, such as a care home, shall constitute a dwelling unit. If the PUD is within two or more residential districts, the permitted density shall be the sum of the permitted dwelling units computed separately for the gross area within each district. For a PUD located totally within a residential district or districts, the gross area for the purposes of the above-described computation shall be reduced by the area or areas designated for any principal use other than dwelling, quasi-dwellings, residential space and recreation areas.

(2)

Nonresidential intensity. The nonresidential intensity shall not exceed a maximum permitted floor area computed, as follows:

a.

Maximum permitted floor area equals the gross area of property located within a nonresidential district multiplied by the floor area ratio set out within the bulk and area restrictions of the applicable use district or 0.50, whichever is lower. Note: For the purposes of intensity computations, the term "gross area" means the lot area plus one-half of the right-of-way of any abutting street to which the lot has access.

b.

The intensity of use of a PUD located within two or more zoning districts of the following differing general classifications shall be separately calculated and allocated within the planned unit development by the general classification:

1.

Residential;

2.

Office;

3.

Commercial; or

4.

Industrial.

(3)

Modification. The provisions of this section may be modified as per the provisions of section 48-546.

(Code 1990, § 12-326; Code 2010, § 12-326; Code 2013, § 48-539; Ord. No. 502, 9-3-1991; Ord. No. 505, 9-3-1991)

(a)

Within a PUD, a minimum lot size requirement of 800 square feet shall apply to lots utilized for dwelling purposes. A minimum lot width requirement of 20 feet shall apply to lots utilized for dwelling purposes.

(b)

However, the provisions of this section may be modified as per the provisions of section 48-552.

(Code 1990, § 12-327; Code 2010, § 12-327; Code 2013, § 48-540; Ord. No. 502, 9-3-1991; Ord. No. 505, 9-3-1991)

Within a PUD, livability space shall be provided in an aggregate amount of not less than the amount of livability space required by the applicable residential district for conventional development of a comparable number of dwelling units. Required livability space shall be provided on the lot containing the dwelling unit or units on which computed, or in common areas. Common livability space shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common livability space as will ensure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of section 48-555.

(Code 1990, § 12-328; Code 2010, § 12-328; Code 2013, § 48-541; Ord. No. 502, 9-3-1991)

(a)

Within a PUD, the city council, upon the recommendation of the planning commission, shall prescribe building height limitations and minimum yards, which shall be incorporated within the subdivision plat in compliance with the provisions of section 48-555.

(b)

However, these provisions may be modified as per the provisions of section 48-552.

(Code 1990, § 12-329; Code 2010, § 12-329; Code 2013, § 48-542; Ord. No. 502, 9-3-1991; Ord. No. 505, 9-3-1991)

(a)

Within a PUD, building setbacks from abutting public streets, for residential use, shall not be less than as prescribed for an R-3 district. Within a PUD, building setbacks from abutting public streets for nonresidential uses shall not be less than prescribed for a C-1 district.

(b)

However, these provisions may be modified as per the provisions of section 48-552.

(Code 1990, § 12-330; Code 2010, § 12-330; Code 2013, § 48-543; Ord. No. 502, 9-3-1991; Ord. No. 505, 9-3-1991)

(a)

Off-street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirements of article VI of this chapter, pertaining to off-street parking and loading. Required spaces may be provided on the lot containing the dwelling units for which it is intended to serve or in common areas. Common parking area shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common parking space as will ensure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of sections 48-545 through 48-552.

(b)

However, these provisions may be modified as per the provisions of section 48-552.

(Code 1990, § 12-332; Code 2010, § 12-332; Code 2013, § 48-544; Ord. No. 502, 9-3-1991; Ord. No. 505, 9-3-1991)

Any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract of not less than ten acres in size may make application for the approval of a PUD by filing an application for rezoning to PUD. The application will consist of an application for rezoning, a master plan, a design statement and such other information as the planning commission may require.

(Code 1990, § 12-333; Code 2010, § 12-333; Code 2013, § 48-545; Ord. No. 502, 9-3-1991; Ord. No. 504, 9-3-1991)

An application for a planned unit development shall be filed with the planning commission. The application shall be accompanied by the payment of a fee as set by the city council by motion or resolution, as provided in the city fee schedule. The fee shall not include advertising and sign costs which shall be billed to the applicant. The application shall be in such form and content as the planning commission may by resolution establish, providing that ten copies of the master plan and design statement shall accompany the filing of the application. The master plan and design statement shall consist of maps or text that contain:

(1)

Existing topographic character of the land;

(2)

Proposed land uses, including public uses and open space and the approximate location of building and other structures;

(3)

The character and approximate density of dwellings. Density shall be expressed in the number of dwelling units and the quantitative area of each identifiable segment of the PUD;

(4)

The approximate location of thoroughfares;

(5)

Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed;

(6)

An explanation of the character of the planned development;

(7)

The expected schedule of development; and

(8)

A statement of the development standards or zoning district regulations to be utilized.

(Code 1990, § 12-334; Code 2010, § 12-334; Code 2013, § 48-546; Ord. No. 502, 9-3-1991; Ord. No. 505, 9-3-1991)

(a)

The planning commission, upon the filing of an application for the supplemental district designation PUD, shall set the matter for public hearing as set forth in section 48-64. Within 60 days after the filing of an application, the planning commission shall conduct the public hearing and shall determine whether the PUD:

(1)

Is consistent with the comprehensive plan;

(2)

Harmonizes with the existing and expected development of surrounding areas;

(3)

Is a unified treatment of the development possibilities of the project site; and

(4)

Is consistent with the stated purposes and standards of this chapter.

(b)

When a supplemental district designation PUD is approved, the planning commission shall forward its recommendation, the application and the master plan and design statement to the city council for further hearing as provided in section 48-554

(Code 1990, § 12-335; Code 2010, § 12-335; Code 2013, § 48-547; Ord. No. 502, 9-3-1991)

Upon receipt of the application, master plan and design statement, and planning commission recommendation, the city council shall hold a hearing, review the master plan and design statement, approve, disapprove, modify, or return the master plan and design statement to the planning commission for further consideration. Upon approval, the zoning map shall be amended to reflect the supplemental designation PUD, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the master plan and design statement.

(Code 1990, § 12-336; Code 2010, § 12-336; Code 2013, § 48-548; Ord. No. 502, 9-3-1991)

A planned unit development subdivision plat shall be filed with the planning commission and shall be processed in accordance with the subdivision regulations and, in addition to the requirements of the subdivision regulations, shall include:

(1)

Details as to the location of uses and street arrangement;

(2)

Provisions for the ownership and maintenance of the common open space as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the city council; and

(3)

Such covenants as will reasonably ensure the continued compliance with the approved master plan and design statement. In order that the public interest may be protected, the city shall be made beneficiary of the covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the city may enforce compliance therewith.

(Code 1990, § 12-337; Code 2010, § 12-337; Code 2013, § 48-549; Ord. No. 502, 9-3-1991)

No building permits shall be issued on lands within the PUD except in accordance with the approved subdivision plat filed of record with the county clerk. A building permit for a freestanding or separate commercial structure shall not be issued until building permits have been issued for at least one-half of the number of dwelling units on which the authorization of the commercial use is based; provided, however, that in the case of a PUD providing for more than 600 dwelling units, the city must permit a portion of the proposed commercial development to be constructed prior to the construction of one-half of the dwelling units where such improvements bear a reasonable relationship between the number of living units and the staging of commercial development and the relationship is so stated and contained in the approved master plan and design statement.

(Code 1990, § 12-338; Code 2010, § 12-338; Code 2013, § 48-550; Ord. No. 502, 9-3-1991)

Minor changes in the platted PUD may be authorized by the city council, upon the recommendation of the planning commission, upon a review of a proposed amended subdivision plat, incorporating such changes, so long as substantial compliance is maintained with the master plan and design statement and the purposes and standards of the PUD provisions hereof. Changes which would represent a significant departure from the master plan and design statement shall require formal abandonment and the subsequent filing of a new application for planned unit development.

(Code 1990, § 12-339; Code 2010, § 12-339; Code 2013, § 48-551; Ord. No. 502, 9-3-1991)

Abandonment of a planned unit development shall require the city council's approval, after recommendation by the planning commission, repealing the supplemental designation of PUD.

(Code 1990, § 12-340; Code 2010, § 12-340; Code 2013, § 48-552; Ord. No. 502, 9-3-1991)