(A)   Counting the agriculture district, which is considered to be a very low density single-family district, and acts to serve as a "holding" zone for subsequent higher density consideration, there are eight districts designed to meet present and future housing needs; to protect the character of, and property values in, residential areas; to encourage a suitable environment for family life; and to provide choice in density, as well as in type of housing. Five of the districts are for low-density single-family uses, and are intended to be defined and protected from the encroachment of uses not performing a function necessary to the low density, residential environment. One district is intended for medium-density single-family uses, and one exists for multi-family residential uses. More specific descriptions of the residential districts are as follows and it is the intent and desire of the city that all zoned areas, be served by municipal water and sanitary sewer service.

      (1)   Uses permitted in the residential districts are set forth in the following table. Where the letter "P" appears opposite a listed use and underneath a residential district, the use is permitted in that district "by right" subject to:

         (a)   Providing off-street parking and loading facilities as required by § 153.210;

         (b)   Providing landscaping and screening as provided by § 153.212; and

         (c)   Conformance with special conditions applying to certain uses as set forth in § 153.160 et seq.

      (2)   Only one principal structure per lot shall be permitted in R-E, R-l, R-2, R-3L, R-3, and R-4 single-family districts. In addition to the accessory uses provided for in § 153.040 et seq., an accessory structure may be permitted for sheltering riding horses on a residentially zoned lot or parcel with a minimum area of two acres, provided:

         (a)   The structure is at least 100 feet from adjacent property lines;

         (b)   No more than two horses are kept and sheltered on the property; and

         (c)   The stall area does not exceed 450 square feet.

      (3)   In A districts, only one principal dwelling structure per lot shall be permitted.

   (L)   Where the letter "C" appears instead of "P", the use is permitted subject to acquiring a conditional use permit as set forth in §§ 153.120 et seq. Where neither "P" nor "C" appears, and "NP" appears in the table, the use is not permitted.

 

requirements in the following table; nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table.

   (P)   When an existing lot is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining area is at least 75% of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with minimum lot size requirements.

   (Q)   Utility facilities, using land or an unoccupied building requiring less than 1,000 square feet of site area, are exempt from minimum lot size requirements of all districts.

   (R)   Minimum lot size requirements shall not be interpreted as prohibiting the construction of a single-family residential dwelling unit on a lot that was legally platted and recorded before the adoption of these regulations. For lots that are rendered nonconforming, the necessity of obtaining a variance from such created nonconformity shall not be required as a condition of issuance of a building permit, provided all setback and other requirements can be met.

   (S)   Residential storage sheds of less than 250 square feet in size are exempted from setback requirements if:

      (1)   The structure is portable.

      (2)   The structure is maintained in good condition.

      (3)   The area around the structure is maintained in good condition.

   (T)   Certain architectural features may project into required yards (setback) as follows:

      (1)   Cornices, canopies, eaves, or other architectural features, may project a distance not to exceed 30 inches.

      (2)   Fire escapes may project a distance not exceeding four-and-a-half feet from the exterior wall of the building.

      (3)   An uncovered stair and necessary landings may project a distance not to exceed three feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

      (4)   Bay windows, balconies, and chimneys may project a distance not exceeding 30 inches, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

   (U)   When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining setback is at least 75% of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy minimum setback requirements.

   (W)   Maximum height limitation is 35 feet in all residential zones with the exception of the A and R-MF-16 districts, where the limitation is 45 feet. Chimneys, smokestacks, ventilators, cooling and water towers, bulkheads, grain elevators and silos, utility and flagpoles, belfries, spires and steeples, and monuments and ornamental towers, may be erected to any height not in conflict with other city ordinances or federal regulations. Communication towers are exempt only to the extent authorized through conditional use approval.

(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2017-12-669, passed 12-5-17; Am. Ord. 2019-03-836, passed 3-5-19; Am. Ord. 2021-03-924, passed 3-2-21; Am. Ord. 2021-05-946, passed 5-4-21; Am. Ord. 2023-06-1053, passed 6-20-23)

(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2021-04-938, passed 4--21)

(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2021-04-938, passed 4--21)

   (A)   Uses permitted in the foregoing districts are set forth in the following table. Where the letter "P" appears opposite a listed use and underneath a district, the use is permitted in that district "by right" subject to:

      (1)   Providing off-street parking and loading facilities as required by § 153.210:

      (2)   Providing landscaping and screening as required by § 153.212: and

      (3)   Conformance with special conditions applying to certain uses as set forth in § 153.160 et seq. Commercial uses must be screened from more restrictive uses.

   (B)   Where the letter "C" appears instead of "P", the use is permitted subject to acquiring a conditional use permit as set forth in §§ 153.120 et seq. Where neither "P" nor "C" appears within the table, and "NP" appears, the use is not permitted.

 

(Ord. 2017-05-635, passed 5-2-17; Ord. 2017-12-669, passed 12-5-17; Am. Ord. 2019-03-837, passed 3-5- 19; Am. Ord. 2020-07-892, passed 7-7-20; Am. Ord. 2021-1-909, passed 1-5-21; Am. Ord. 2021-03-924, passed 3-2-21; Am. Ord. 2021-04-938, passed 4--21; Am. Ord. 2021-05-946, passed 5-4-21)

   (A)   No lot or yard shall be established or reduced in dimension or area in any nonresidential district that does not meet the minimum requirements in the table that follows; nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table.

   (F)   In EU-L, setbacks do not apply when adjacent to property that is currently operating as a sanitary landfill, and the proposal is for an expansion of that landfill. The setbacks shall be met for any adjoining property that is not to be used for a sanitary landfill, or is owned by another entity or person.

(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2020-07-892, passed 7-7-20; Am. Ord. 2021-04-938, passed 4--21)

   (A)   General intent. The Exclusive Use-Landfill zoning district is intended to provide for the development of sanitary landfills and related facilities. Certain complementary or ancillary uses are also permitted. Appropriate standards for the district are designed to ensure compatibility and to minimize any conflicts with all other uses located in close proximity to landfill uses. Suitable uses in this district include sanitary landfills, transfer stations, recycling facilities, composting facilities, waste water treatment facilities, waste solidification, truck or wheel wash, soil borrowing, renewable natural gas facilities, household hazardous waste facilities, agricultural uses, wildlife refuge or similar public purpose use, landfill gas to energy facilities, solar energy facilities, landfill maintenance facilities, waste hauling facilities and associated maintenance facilities, and compressed natural gas (CNG) facilities. Adequate and suitable transportation infrastructure, access, screening, and environmental protections are a necessity to this district. Landfill uses must be screened from more restrictive uses as set forth in this chapter.

   (B)   Purpose and objective. The purpose and objective of this zone is to place sanitary landfills in an exclusive use zone in order to establish site location and design standards which will:

      (1)   Protect public health by preventing water pollution, rodent infestation, air pollution, or other health hazards and nuisance-causing activities as would occur as a result of improper location, design or operation of a landfill.

      (2)   Protect public safety by requiring proper design of access roads to accommodate the heavy equipment necessary for collection, transportation and disposal of solid wastes.

      (3)   Promote public welfare by requiring adequate screening and setbacks in the design and location of a landfill, regular policing and maintenance of access roads and heavily traveled routes to the site, limiting nuisance-causing activity, restricting hours of operation, and prudent review of subsequent uses allowed on the landfill site. All development shall be designed in such a way as to minimize negative impact on the surrounding area and to protect surrounding properties from incompatible development.

      (4)   Protect public health and promote public welfare by providing a suitable location for the disposal of the solid wastes generated by the community and preserve the nature of the surrounding properties. Existing trees on a development site shall be retained where possible. Screening, natural barriers (such as steep slopes, bodies of water, and heavy vegetation), or other buffers may be required to give adequate separation between uses which are marginally compatible and shall also be provided for the beautification and enhancement of the property.

   (C)   Applicability. The requirements and performance standards as herein provided shall apply to all new sanitary landfills or new expansions of lawful sanitary landfills. Furthermore, all parties recognize that the Arkansas Department of Environmental Quality (ADEQ) or its successor agency is responsible for issuing permit(s) authorizing and regulating sanitary landfills pursuant to Arkansas Pollution Control and Ecology Commission, Regulation No. 22 or future successor agency rules, regulations, or laws. All parties recognize that the Arkansas legislature has promulgated statutes regulating solid waste facilities and establishing the Arkansas Pollution Control and Ecology Commission. Should conflicts exist between ADEQ regulations, Arkansas law, or City of Tontitown ordinances, the more stringent regulation shall be imposed to the extent that such regulation is not specifically prohibited or preempted by federal or state regulations.

   (D)   Principal permitted uses. Sanitary landfill and associated operational and maintenance facilities.

   (E)   Accessory uses.

      (1)   Transfer stations

      (2)   Recycling facilities

      (3)   Compost facilities

      (4)   Household hazardous waste facilities

      (5)   Agricultural uses

      (6)   Wildlife refuge or similar public purpose use

      (7)   Landfill gas to energy facilities

      (8)   Solar energy facilities

      (9)   Landfill maintenance facilities

      (10)   Waste hauling facilities and associated maintenance facilities

      (11)   Compressed natural gas (CNG) facilities

      (12)   Renewable natural gas facilities

      (13)   Waste solidification pit

      (14)   Waste water treatment facilities

      (15)   Truck or wheel washing facilities

      (16)   Scale facilities

      (17)   Soil borrow site

   (F)   Standards of development. These standards shall apply to all new landfill uses, new expansions of an existing landfill use, and accessory landfill uses.

      (1)   Ownership control. The land in a sanitary landfill shall be owned, leased, or otherwise controlled by a person, firm, group of individuals, partnership, corporation, or trust, provided assurances are given through the procedures contained herein that the landfill can be successfully operated and managed, and is properly permitted by the ADEQ.

      (2)   Site structure requirements.

         (a)   Minimum lot area. There shall be no minimum lot area requirement, except that a site must be of sufficient size to accommodate the amount of waste estimated for deposit during the current life or the future permitted life of the landfill.

         (b)   Minimum lot width. 100 feet.

         (c)   Setback requirements. The principal permitted use, including all activities related to operation of the principal permitted use, shall meet the following minimum setback requirements, unless adjacent to other property currently being used as sanitary landfill:

            1.   Front yard setback      100 feet

            2.   Rear yard setback      100 feet for nonresidential uses, 250 feet for residential uses (including residential and agricultural zoned properties)

            3.   Side yard setback      100 feet for nonresidential uses, 250 feet for residential uses (including residential and agricultural zoned properties)

            4.   Maximum building height   45 feet

            5.   Maximum structure height to comply with ADEQ standards.

         (d)   Accessory uses, buildings and/or structures, or site modification beyond the approved boundaries of disturbance for the primary landfill use or existing approved expansion. All accessory uses, buildings and/or structures, or site modification beyond the approved boundaries of disturbance for the primary landfill use or existing approved expansion (including, but not limited to, parking lots, modification to detention ponds, etc.) except those as set forth in divisions (E)(5) and (E)(6) above, shall meet the same large scale development site and structure requirements as principal permitted uses and shall be set out in the application, and shall require large scale development review and approval.

         (e)   Access. In order to protect the public health, safety, welfare, and the surrounding environment, public access shall be controlled to prevent unauthorized entry or vehicular traffic by using artificial barriers, natural barriers, or both, as appropriate. An adequate fence with a gate that can be locked must be provided at the entrance to the facility.

         (f)   Litter control. Litter control provisions shall be maintained at all times. If daily or more frequent cover does not control on- and off-site litter, other methods may be required, such as, but not limited to litter fences and litter crews. Litter screening fences will be provided near the landfill working face to prevent the spread of paper and other litter.

         (g)   Screening. Screening shall be provided so that the landfill is minimally visible to any residential or commercial structure, or from any public street. Screening can include a combination of fencing, vegetation, or other provisions which shall accomplish the same.

         (h)   Sign and directions. Necessary identification and directional signs shall be provided. A sign shall be posted at the entrances to inform the public of the hours of operation, charges for disposal, and rules and regulations regarding disposal. All new signage shall comply with regulations found in § 153.180. Modifications and additions to signage that are not considered regular maintenance shall conform to regulations found in § 153.180. Interior site signage shall be provided that directs users to the appropriate unloading area.

         (i)   Lighting. Lighting at the landfill shall be provided in such a way so as not to interfere with roadway traffic, spill over unnecessarily onto adjacent properties, and/or pollute the night sky, except that lighting for temporary projects, such as construction, maintenance, or emergencies, may temporarily spill over onto adjacent properties or inhibit the night sky. All lighting shall comply with regulations found in § 152.150.

         (j)   Excessive noise. No equipment that causes excessive noise (beeping, honking, banging, dumping, heavy engine sounds, or other) shall cause disturbance to residents of neighboring properties between the hours of 9:00 p.m. and 5:00 a.m. Monday-Saturday, except for emergencies may temporarily be allowed outside the above hours. No excessive noise shall be allowed on Sunday except for emergencies may temporarily be allowed outside the above hours.

         (k)   Parking. One space per employee shall be required plus one space per 500 square feet of office space.

         (l)   Buffer. The landfill shall be adequately buffered on all sides between the footprint of the permitted or planned waste disposal area and the perimeter boundary of the property so as to offset fugitive dust, noise, vibration and visual impact to adjacent property. All screening and buffering shall be completed on site. The buffer areas shall be landscaped and graded consistent with the approved site plan.

      (3)   Large scale development requirements. In addition to large scale development requirements found in §§ 152.095 et seq., the following shall be required with the large scale development application:

         (a)   Traffic study; traffic patterns and roadway provisions. At large scale development, a traffic study shall be required when there will be an increase in traffic, a change in the traffic pattern, or in the case of an expansion, an extended time period in which traffic will impact public roads.

            1.   The site should be easily reached by asphalt or concrete paved city or county truck roads, state highways or federal interstates. All roads to the site should be of sufficient width and construction to safely handle the sizes of trucks that deliver waste to landfills when fully loaded during all weather conditions, excluding events of force majeure.

            2.   Problems such as narrow bridges, low underpasses, and steep grades on access routes must be avoided. The city may require the applicant to pay in whole or in part the cost to the city for providing roadway improvements necessary for the siting of a new landfill, or any new expansion of a landfill that extends the time period in which traffic will impact public roads. In addition, the following standards must be met:

               a.   The traffic patterns to and from the site have been designed to minimize the impact on existing traffic flows.

               b.   Safe design of entrances and exits, with provision for right turn deceleration lanes, protected left turn lanes, acceleration lanes and, if needed, signalization of intersections.

               c.   The site should be accessible at all times. Several access routes are planned so that if one route is temporarily unusable, the site can still be reached.

               d.   The distance of driveway entrance or exit from any adjacent lot line should be at least 125 feet. The landfill access drive shall be paved, no less than 250 feet, up to 500 feet, to be determined at plan review, from the public street.

               e.   The on-site roads to the unloading area should be of all-weather construction and wide enough to permit two-way truck travel. Road grades should be designed for the largest fully loaded trucks to travel at a reasonable rate.

               f.   Provide existing information regarding vehicle trips per day, and provide an estimate of increase in vehicle trips per day by type of vehicle.

               g.   Current and anticipated daily traffic flows to the landfill by vehicle type.

               h.   Assessment of expected impact on the routes proposed by the landfill and recommendations for those routes.

               i.   The City of Tontitown shall have final jurisdiction regarding heavy truck traffic routes.

         (b)   Operations site plan. At large scale development the applicant shall submit an operations site plan and statement. The plan and statement shall indicate the following:

            1.   Proposed fill area(s).

            2.   Proposed borrow area(s).

            3.   Access roads.

            4.   On-site drives.

            5.   Grading plan and cross-sections to identify landfill height.

            6.   Location and height of fencing and buffering.

            7.   Existing and proposed structures on site.

            8.   Existing natural areas to be preserved.

            9.   Existing and proposed utilities.

            10.   Conceptual timetable and sequence of phasing of landfill operations.

            11.   Management of storm water and drainage devices.

            12.   Management of leachate.

            13.   Management of landfill gas and odors.

            14.   Planned hours of operation.

            15.   Management of litter and vector control.

            16.   Management of vehicular mud tracking onto public streets.

            17.   Facility management and its employees are properly trained in landfill operations and an emergency response program is provided.

         (c)   Large scale development site plan. In addition to large scale development requirements found elsewhere in this code, the following shall be shown on the large scale development plan:

            1.   Large scale site development plans prepared by a licensed professional engineer in the State of Arkansas.

            2.   Haul routes to and from the landfill site with load limits or other restrictions.

            3.   Existing and proposed zoning classification, use of property, number of employees per use (office staff/drivers/other).

            4.   Ownership and zoning of all adjoining properties. Applicant may obtain and rely upon property ownership information from the online property records published and maintained by the Washington County, Arkansas appraisal district.

            5.   Zoning within one mile.

            6.   Residential structures and other buildings within one mile with use indicated, if use is known. The best available resources shall be used to help determine use.

            7.   Existing and proposed property lines.

            8.   Existing and proposed rights-of-way, setbacks and buffer areas.

            9.   Watercourses, floodways, flood plains, and wetlands.

            10.   Location of all existing and proposed structures. All structures shall be delineated in square feet, and dimensions between structures and between property lines and the structures shall be provided.

            11.   Existing and proposed structures shall be labeled as to their use.

            12.   Existing and proposed parking spaces. Notation of the number of spaces provided.

            13.   Existing on-site roads shall be shown.

            14.   Access to all public streets including radius of ingress/egress drives, and circulation patterns.

            15.   Location and size of existing or proposed signs. All proposed signs will be permitted separately.

            16.   A screening plan for the site.

            17.   All dumpster areas serving office or ancillary facilities shall be screened.

            18.   Any other reasonable information deemed necessary by the Planning Official.

         (d)   Drainage plan and report. The drainage plan and report shall meet the standards set by the City of Tontitown by the adopted "Tontitown Drainage Criteria Standard" manual.

         (e)   Conceptual future land use plan. The written landfill future land use plan shall include the following:

            1.   The applicant shall address how closure and post-closure care will be provided and affirm that it will be in compliance with applicable Arkansas Regulations.

            2.   Future land uses shall comply with applicable city and State of Arkansas regulations.

   (G)   Application for landfill siting and EU-Exclusive Use District reclassification. The applicant shall submit an application for zoning district reclassification and local site approval to the Planning Official based on the standard submittal schedule. A complete application includes the following:

      (1)   A completed application form. The application must be on forms as provided by the city. The application form must be signed by the owner(s) of the property as such and, if applicable, the entity seeking the reclassification as applicant.

      (2)   Fee. The fee established by the City Council to defray processing costs.

      (3)   The filing deadline for inclusion on the Planning Commission agenda shall be the 1st Tuesday of the month prior to the Planning Commission meeting, which is held on the 4th Tuesday of the month.

      (4)   Notice. In addition to notice requirements for amendments to the zoning code, found in §153.283(F), the following notification requirements shall apply:

         (a)   The applicant shall present evidence to the zoning official, at least ten days prior to the required public hearing, that all property owners within 1,000 feet of the boundaries of the subject property have been sent notification of the proposed use, and of the time, date, and place of the hearing. The notification shall include a vicinity map.

         (b)   Applicant may obtain and rely upon property ownership information from the online property records published and maintained by the Washington County, Arkansas appraisal district in providing notice to such property owners. Such evidence shall consist of postmarked, certified receipts and/or return receipts, and/or dated, signed acknowledgments of receipt of notification; and shall be accompanied by a plat map showing the location of those properties, the owners of which the applicant certifies have been so notified.

      (5)   Warranty deed showing the current ownership of the property is required.

      (6)   Legal description of area to be considered for rezoning and address of parcel(s).

      (7)   Boundary survey by land surveyor registered to practice in the State of Arkansas.

      (8)   Concept plan showing:

         (a)   North arrow.

         (b)   Scale.

         (c)   Section lines and/or other legal boundaries.

         (d)   Location of current and proposed landfill areas. No zoning for a landfill expansion shall be considered beyond the boundaries of a previously approved Geographic Site Approval from the appropriate Solid Waste Management District or controlling authority with jurisdiction to approve the expansions of landfills.

      (9)   The city will require a notice filing for the pre-application and application submitted to ADEQ for the new landfill or for expansion of an existing landfill, and any solid waste permit issued by the ADEQ for the site.

      (10)   In addition, it is recommended that the applicant provide a narrative, a typed statement addressing each of the following:

         (a)   State the current zoning designation and proposed zoning designation. An explanation of the proposed zoning change including current owner information.

         (b)   Reason (need) for the requested zoning change.

         (c)   Statement of how the property will relate to surrounding properties including:

            1.   How the use will be compatible with surrounding uses.

            2.   A traffic statement with expected impact.

            3.   A drainage statement with expected impact.

            4.   Any anticipated signage to be added or modified.

            5.   Overall appearance of the site.

         (d)   Statement regarding operations to include:

            1.   Conceptual timetable and sequence of phasing of landfill operations.

            2.   Management of storm water and drainage devices.

            3.   Management of leachate.

            4.   Management of landfill gas and odors.

            5.   Planned hours of operation.

            6.   Management of litter.

            7.   Management of vehicular mud tracking onto public streets.

   (H)   Approval criteria. The criteria for approval of a rezoning are set out in this division. Not all of the criteria must be given equal consideration by the Planning Commission or City Council in reaching a decision. The criteria to be considered shall include but not be limited to the following:

      (1)   Consistency of the application with the applicable zoning regulations and comprehensive plan.

      (2)   Consistency of the application with the purpose of these regulations, including the protection of the public health, safety, and welfare. In addition, the following standards shall be met:

         (a)   Public health shall be protected by preventing water pollution, ground water contamination, excessive noise, odor or dust, leachate contamination, methane gas exposure, rodent infestation, air pollution, or other health hazards as would occur as a result of improper location, design, or operation of a landfill.

         (b)   Public safety shall be ensured by requiring proper design of access roads to accommodate the heavy equipment necessary for collection, transportation and disposal of solid wastes.

         (c)   Public welfare shall be protected by providing a suitable location for the disposal of the solid wastes generated by the community.

      (3)   Compatibility of the application's proposed use with the zoning, existing uses and existing character of the surrounding area. The site is located so as to minimize incompatibility with the existing character of the surrounding area.

      (4)   The extent to which approval of the proposed rezoning will detrimentally affect nearby property includes, but is not limited to, any impact on property value, traffic, drainage, visual impairment, odor, noise, light, vibration, hours of use/operation, and any restriction to the normal and customary use of the affected property. Impact of the proposed development on community facilities and services, including those related to utilities, street drainage, parks, open space, fire, police, and emergency medical services.

   (I)   Subsequent zoning.

      (1)   The Exclusive Use District (EU) designation replaces the previous zoning classification and, upon completion of the sanitary landfill operation, no other use shall be permitted without a rezoning and map amendment as provided in this chapter.

      (2)   Variance. Whenever strict application of the requirements or standards of this section would result in substantial hardship or injustice, the applicant may seek a variance if appropriate through the procedures set forth in § 153.262.

(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2020-07-892, passed 7-7-20; Am. Ord. 2021-10-965, passed 10-5-21)

      (1)   A maximum choice in the type of environment and living units available to the public;

      (2)   Open space and recreation areas;

      (3)   A pattern of development which preserves natural features, prevents soil erosion, and protects water quality;

      (4)   A creative approach to the use of land and related physical development;

      (5)   An efficient use of land resulting in smaller networks of utilities and streets, and thereby lowering costs; and

      (6)   An environment of stable character in harmony with surrounding development.

   (B)   The PUD regulations are designed to provide for small- and large-scale developments incorporating a single type or a variety of residential, commercial, and related uses that are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Private or public common land and open space should be an essential and major element of the plan that is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character and be in harmony with surrounding development.

      (4)   At the time of the pre-application plan and conference, the applicant shall generally describe the nature and types of land uses to be located within the boundaries of the PUD district. At the time of zoning application and consideration of the preliminary plat, a specific written list of uses to be "permitted by right" shall be submitted for review by the Planning Commission. If approved by the Planning Commission and City Council, the list of specific uses permitted by right shall serve as the control list in issuance of building permits and certificates of occupancy.

      (5)   In addition to the above permitted uses that are established by right, certain other uses may be prescribed by the developer in accordance with the restrictions included herein and said uses are designated as conditional uses. These uses more intensely dominate the area in which they are located than do other uses which might be permitted in the PUD district and, as such, they require special considerations and restrictions. If the developer and/or Planning Commission agree that certain conditional uses should be included within the PUD district, the applicant shall precisely indicate the specific use, its location, area to be included, maximum building square footage, and such other information as required by the Planning Commission to properly and comprehensively evaluate the nature and impact of such conditional uses. When such conditional uses are approved at the time of rezoning, they shall not be subsequently changed to any other use until and unless they are changed to another use that is permitted by right, or the new proposed use if not permitted by right in a PUD district, is resubmitted for rezoning approval.

      (6)   Parking and off-street loading. All uses established with a planned unit development district shall comply with the off-street parking and loading requirements as established in the city's zoning regulations and street section requirements within the city's Adopted Future Land Use Plan and Master Street Plan. However, the requirements for individual structures or lots may be met through either provision of adequate parking on the lot on which such structure is so located, or upon adjacent property which is under the control of a property owners' association, to which said lot is an automatic participant. In no case, however, shall the cumulative requirements of all parking and off-street loading requirements be less than if said uses were individually established and located in any other zoning district within the city.

         (a)   Eight dwelling units per net residential acre for single-family attached and detached houses and duplexes.

         (b)   Fifteen dwelling units per net residential acre for triplexes, fourplexes, and row or terrace housing.

         (c)   Eighteen dwelling units per net residential acre for two story, and 27 units per net residential acre for three-story apartments.

         (d)   Forty dwelling units per net residential acre for high-rise (four stories or more) apartments.

         (e)   For purposes of calculating densities, net residential acres are defined as gross acres of the PUD site minus all public rights-of-ways, and less the area of all parcels or lots devoted to commercial, industrial, or institutional uses not of a residential nature.

         (f)   Common open space that is owned and maintained by a property owners' association shall be included in calculating the residential acres available for all dwelling units that automatically belong to such an association. Where more than one property owners' association is to be created, then each common open space can only be attributed to the lot or dwellings which have automatic membership for that specific common open area.

         (a)   Green space and lawn space constitutes an essential ingredient in a planned unit development and is one of the most basic and important design elements. Green space and lawn space should be distributed more or less equitably throughout the PUD district in relationship to the dwelling units and other use areas that are intended to be served by the green space and lawn space. Adequate guarantees must be provided that the green space and lawn space areas as contained in the plan for the PUD district are preserved and maintained for those purposes only. A minimum of 20% of the total project area shall be devoted to green space and lawn space. The percentage of the required green space and lawn space shall be calculated from the total acreage of the development.

         (b)   At least 3% of the project total shall be designated common space. Common space may be included as part of the 20% required green space and lawn space. Example: 80 acre raw tract of land, 20% green space and lawn space = 16 acres green space and lawn space, at least 2.4 acres must be common space. Common space may include the following:

            1.   Public plazas and hard surfaced recreation areas including, but not limited to, pools, basketball courts, tennis courts, bocce courts, soccer fields, weight rooms, clubhouses, baseball fields or similar outdoor recreation facilities, and associated parking, that are open to the residents and users of the PUD.

            2.   Pedestrian paths, trails, and covered walkways, excluding those required in rights-of-ways and along private drives.

            3.   Wetlands and water bodies, including the normal water surface area of retention ponds that hold water, if assessable by property owners within the PUD. Dry detention ponds shall not be included.

            1.   A pre-application plan shall be submitted to the Planning Commission for review of the area and proposed uses relative to the compatibility of a planned unit development project with existing development in the surrounding area and the comprehensive development plan of the city.

            2.   Each applicant shall confer with the zoning official and interested Department heads in connection with the preparation of the planned unit development application. It shall be the responsibility of the zoning official to contact and invite interested department heads and other parties to a joint meeting. The general outlines of the proposal, evidenced schematically by the pre-application plan and such other information as may be desired, are to be considered before submission of the planned unit development application.

            3.   Upon review of the site plan and general area, and following completion of the pre-application conference, the zoning official shall furnish the applicant with written comments regarding the conference, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development application.

            1.   Boundaries of the property involved;

            2.   Existing zoning of the area and zoning of adjoining properties;

            3.   Existing roadways, easements, and waterways;

            4.   Indication of availability of all utilities; and

            5.   General plan of development at a level of detail sufficient to indicate to the city the nature and scope of the project as to its magnitude in terms of approximate number and types of dwelling units; location and extent of nonresidential elements; proposed locations of major open space areas; and circulation and access.

            1.   Proposed title of the project and name of any engineer, architect, land planner, land surveyor, landscape architect, or company responsible for various elements of the plan;

            2.   North point, graphic scale, and date;

            3.   Boundaries of the properties involved, all existing easements, section lines and property lines, existing streets, existing buildings, watercourses, waterways or lakes, and other existing physical features in and adjoining the property;

            4.   Location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures in and adjacent to the project;

            5.   Topography of the project area with appropriate contour intervals;

            6.   General land use development plan of the area, indicating:

               a.   The location of different land uses;

               b.   Dwellings by types and numbers;

               c.   Areas designated for commercial uses and other nonresidential uses; and

               d.   Areas proposed for open space and recreational use.

               e.   For all residential areas, the site plan shall clearly indicate the type and number of dwellings to be located per parcel, lot or block in accordance with the preliminary plat;

               f.   For all commercial or other nonresidential uses, the areas shall clearly be indicated in accordance with lots, parcels, or blocks and each such parcel shall indicate the type of building proposed, number of stores, and gross square footage to be included on each parcel;

               g.   The boundaries of all open space areas shall be clearly indicated along with the form of proposed ownership, that is by property owners' association or public park or other legal entity, and in such case where more than one property owners' association is being created, documentation shall be clearly submitted as to which areas will have automatic membership into said associations;

               h.   This requirement, however, shall not be interpreted as requiring a detailed site development plan that includes the exact boundaries and locations of all structures proposed for construction.

               i.   The location of different land uses, dwellings by types and numbers, areas designated for commercial uses and other nonresidential uses, and areas proposed for open space and recreational use. For all residential areas, the site plan shall clearly indicate the type and number of dwellings to be located per parcel, lot or block in accordance with the preliminary plat. For all commercial or other nonresidential uses, the areas shall clearly be indicated in accordance with lots, parcels, or blocks and each such parcel shall indicate the type of building proposed, number of stories, and gross square footage to be included on each parcel. The boundaries of all open space areas shall be clearly indicated along with the form of proposed ownership, that is, by property owners' association or public park or other legal entity, and in such case where more than one property owners' association is being created, documentation shall be clearly submitted as to which areas will have automatic membership into said associations. This requirement, however, shall not be interpreted as requiring a detailed site development plan that includes the exact boundaries and locations of all structures proposed for construction.

            7.   All setback lines for all properties shall be shown;

            8.   If the project is to be developed in more than one phase, the boundaries of each proposed phase shall be clearly indicated on the site plan map;

            9.   Calculations shall be submitted of the total number of gross acres in the project, and the acres and percentage thereof, proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, streets, parks, schools, and other reservations; and

            10.   Tabulation of the total number of dwelling units by various types in the project, and the total number of net residential acres within the project.

         (b)   The tabulations shall so indicate conformance of the proposed project, or each phase within the project, to the residential density standards for the PUD district.

         (a)   Vary the total number of dwelling units by more than 5%;

         (b)   Involve a reduction of the area set aside for common open space or the substantial relocation of such area or areas;

         (c)   Increase by more than 5% the total floor area proposed for any nonresidential use; and

         (d)   Does not substantially change the location of any nonresidential areas as shown on the preliminary plan.

      (2)   Additionally, modifications in the location or design of minor streets, cul-de-sacs, alleys, or facilities for water and for disposal of storm water and sanitary sewage shall not be considered as major modifications. All other changes in the planned unit development, including changes in the site plan and development schedule, must be made under the procedures that are applicable to the initial approval of a planned unit development.

            1.   That the tract of land for the entire project comprises not less than two acres.

            2.   That the project is in conformity with the requirements and standards of development of the planned unit development district and is consistent with the intent and purpose of this section.

            3.   That the proposed project constitutes an environment of sustained desirability and stability, and that it is in harmony with the character of the surrounding neighborhood, and is not inconsistent with the city's comprehensive plan.

            4.   That the property adjacent to the proposed development will not be adversely affected.

            2.   Additionally, the applicant shall submit a schedule of construction for the project, or for each phase within the project, indicating the sequence of development according to residential type and other nonresidential construction within the project. Upon adoption of the schedule of construction, the building inspector shall be responsible for enforcing this schedule. If the building inspector determines that the rate of construction of residential units or nonresidential structures differs from the construction schedule, he shall so notify the developer in writing. Thereafter, the building inspector may issue such orders to a developer as necessary to correct said schedule, and upon continued violation of this subsection may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved.

            1.   If the applicant has not submitted a final development plan to the city within one year of preliminary plat approval. Where an optional staged development plan is utilized, the affected portion of the approved preliminary plan may be revoked in its entirety or to the extent of that portion on which a final development plat has not been submitted and approved.

            2.   If no building permit has been issued within one year from the recording date of the final development plan map, or initial plan of a staged, final development plan and the applicant has not been granted an extension.

            3.   If the applicant does not adhere to the phased development schedule as stated in the approved preliminary development plan. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final development plan map are proceeding at a substantially slower rate than other project components. From time to time, the Planning Commission shall compare the actual development accomplished with the approved development schedule. If the commission finds that the rate of construction of dwelling units or other structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final development plans/plats if preceding phases have not been finalized. The city may also issue a stop work order or discontinue issuance of building permits, or revoke those previously issued.

(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2020-10-902, passed 10-6-20)