(a)

It is the intent of this article to:

(1)

Encourage the development of tracts of land as planned neighborhoods or communities.

(2)

Encourage flexible and creative concepts in site planning.

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas.

(4)

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the other articles of this chapter.

(5)

Provide for the efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs.

(6)

Provide an environment of stable character compatible with surrounding residential areas.

(b)

Within the planned area, a variety of land uses may be permitted in an orderly relation to one another and to existing land uses, as well as with due regard to comprehensive planning in the city. The city commission does by the enactment of this article recognize that certain areas within the city are conducive to higher density development.

(Code 1985, § 7-2-111)

(a)

A planned unit development must contain a minimum of three contiguous acres.

(b)

All planned unit developments shall meet the following standards:

(1)

The development shall be compatible with the topography of the land and shall preserve any unusual natural features.

(2)

The development shall not adversely effect developed or undeveloped neighboring properties.

(3)

The development shall utilize design features that would not be possible under the lot-to-lot zoning regulations.

(4)

Water, sewer, electrical and gas service, existing and proposed streets, schools and other public facilities shall be adequate for the development or there shall be a definite proposal for making them so.

(5)

The development shall be included within private deed covenants running with the land to assure continuance of the development in accordance with the approved plans.

(6)

Any change from the plans at any time must be reviewed by the planning department and approved by the city commission.

(Code 1985, § 7-2-112)

(a)

An applicant shall file a petition with the city planning department for approval of a planned unit development. This application shall be supported by a development plan and written summary of intent, and shall show the relation between the proposed development and the surrounding area, both existing and proposed. The site plan shall be prepared by a competent designer and shall be of sufficient detail to insure compliance with this section. In addition, the applicant shall submit other necessary information to insure compliance with the provisions of this chapter.

(b)

The written statement submitted with the development plan shall include the following information:

(1)

An explanation of the character of the proposed development, including a summary of the number of acres, the number of proposed dwelling units, and a statement which defines lot size, yard and space requirements.

(2)

A general statement of the proposed development schedule.

(3)

A description of any agreements, provisions and/or covenants which govern the use, maintenance and protection of the development.

(c)

Approval:

(1)

An application for approval of a planned unit development will be considered as a petition for rezoning and will be subject to the procedures established in section 24-279 concerning amendments to this zoning chapter.

(2)

If the development plan is approved, the city will cause the official zoning map to be changed to indicate the planned unit development. If the plan is approved with modifications, the applicant shall file written notice of consent to the modifications and a properly revised site plan shall be filed with the city prior to changing the zoning map. No building permits shall be issued until the development plan has been approved as required by the zoning ordinance of the city.

(Code 1985, § 7-2-121)

Upon approval of an amendment creating a planned unit development the construction shall begin within two years or if the applicant fails to maintain the approved development schedule approval of the development plan shall lapse. At its discretion and for good cause the city commission may extend the period for beginning construction for any phase of the project for one additional year. If the approval of a development plan lapses under this provision, the city shall cause the development to be removed from the official zoning map and shall reinstate the zoning district and regulations which were in effect prior to approval.

(Code 1985, § 7-2-122)

The uses permitted within a planned unit development shall be primarily residential and may include the following uses:

(1)

Single-family detached dwellings.

(2)

Duplexes and townhouses.

(3)

Multifamily dwellings.

(4)

Public and semi-public facilities to include community and club facilities.

(5)

Certain commercial or retail uses, including offices and clinics provided they meet the following criteria:

a.

The location is appropriate in relation to other land uses.

b.

The proposed use is designed so that it will primarily serve the planned development.

c.

Accessory uses to those listed above.

(Code 1985, § 7-2-131)

The maximum number of dwelling units per acre in residential areas of planned unit development shall not exceed 15 dwelling units per acre. For the purpose of this section, density shall be interpreted as the number of dwelling units per gross acre devoted to residential development. Gross acreage shall include, in addition to land area and parcels used primarily for residential purposes, all open spaces including private lakes reserved for common usage. Gross acreage shall exclude areas reserved or dedicated for street rights-of-way. An overall higher density may be allowed provided the applicant can show that such higher density will not be detrimental to the surrounding neighborhood. Unless topographical or other barriers protect the privacy of existing adjoining uses, the city commission may impose one or both of the following requirements:

(1)

Structures or buildings located at the perimeter of the development shall be set back a sufficient distance to protect the privacy and amenities of adjacent existing uses.

(2)

Structures or buildings located at the perimeter of the development shall be permanently screened in a manner which sufficiently protects the privacy and amenities of the adjacent existing uses.

(Code 1985, § 7-2-132)