A variance applies to relaxing such requirements as minimum lot size, front, side, and rear setback requirements.

XI.1.1 Request for a variance. The city council may authorize in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done; provided, however, that a variance shall not be granted for use of land or building or structure that is prohibited by this ordinance in the district in question. Such variance may be granted in an individual case upon a finding by the city council that the following exists:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

b.

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship; and

c.

Such conditions are peculiar to the particular piece of property involved; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of these regulations; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance; and

e.

A literal interpretation of this ordinance would deprive the applicant of any rights that others in the same district are allowed; and

f.

Provided that the city council may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community and to protect the value and use of property in the general neighborhood; and provided that where the city council shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, said council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

XI.1.2 Forms. Applications for variances shall be made on forms provided by the administrative assistant and all information required on said forms shall be provided by the applicant. Forms shall be filed with the administrative assistant, and the applicant shall pay the city for expenses incidental to the variance. No form shall be accepted by the city unless it contains all pertinent information and is accompanied by the appropriate fee payable to the city to defray expenses.

XI.1.3 Appeals. The mayor and council of the City of Unadilla shall hear and decide appeals where there is error in any order, requirement, decision, or determination made by the administrative assistant in the enforcement of this ordinance.

The objective of the planned unit development is to encourage ingenuity, imagination, and flexibility of design efforts on the part of builders, architects, site planners, and developers to produce land developments which are in keeping with density and open space objectives of the zoning resolution while departing from the strict application of use, setback, height, and minimum lot size requirements of the zoning ordinance. The intent of this section is to permit such flexibility and provide performance criteria for planned developments which:

•

Permit a creative approach to the residential, commercial, and industrial development.

•

Provide for an efficient use of land potentially resulting in more economical networks of streets and utilities thereby lowering housing and other land development costs.

•

Enhance the appearance of neighborhoods through the preservation of natural features, the provisions of recreation areas, and open space.

•

Provide an environment of stable character compatible with surrounding agricultural, residential, commercial, or industrial areas, and other areas of the city.

A planned unit development may incorporate a number of different land uses in many different ways. The uses within the development must either be consistent with the current zoning application or clearly demonstrate to the mayor and council how a particular nonconforming land use may exist within the development and not pose any adverse impacts upon the development and the other land owners within the district. A planned unit development will be permitted on the basis of whether or not it meets the planned unit development criteria listed in section XI.2.2.

Regardless of the development, the following standards must always apply:

•

The planned unit development shall have access to streets outside the development that can adequately serve the traffic needs of the development. The planned unit development shall also be adequately served by water and sewerage systems.

•

The minimum size of a planned unit development shall be five acres.

•

For the purpose of this ordinance, overall residential density for a planned unit development shall not exceed: One-family dwelling unit - One unit per 7,000 square feet of land; Multifamily unit - One unit per 6,050 square feet of land.

XI.2.1 Planned unit development application procedure. An application for permitting a planned unit development, either residential, commercial, industrial, or any combination of the three, shall be submitted to the administrative assistant of the city along with the following:

a.

A written statement to accompany the application must contain the following information:

1.

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 regulations.

2.

A statement of present ownership of all of the land included within the development.

3.

A general indication of the expected schedule of development.

4.

An official legal description of the total area within the planned unit development.

b.

Preliminary development plan: An applicant shall submit a preliminary development plan along with the written statement at the time of submission. The preliminary development plan must include all of the following information:

1.

A preliminary site plan at the appropriate scale depicting all existing masses of trees and other natural features including the topography of the land. A preliminary solution of all storm drainage needs shall be included.

2.

The preliminary location and grouping of all uses and the amount of area for each plus preliminary utility service plans.

3.

The tentative location of each residential density district, the number of residential units proposed for each density district, their general location, proposed lot designs, and district lines. Tentative floor plans and exterior elevations, which need not be the result of final architectural decisions but which shall adequately describe the development.

4.

A preliminary vehicular and pedestrian circulation system including driveways, walkways, loading areas, and parking areas including the number of parking spaces and streets to be dedicated.

5.

A system of open space and recreational uses in residential projects with estimates of acreage to be dedicated for public use and that to be retained in common ownership.

6.

A draft of the declaration by which the use, maintenance, and continued protection of the planned development and any of its common open space areas shall be submitted.

7.

A development schedule indicating: (1) the approximate date when construction of the project can be expected to begin, (2) the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin, (3) the anticipated rate of development, (4) the approximate dates when the stages in the development will be completed, and (5) the area and location of common open space that will be provided at each stage.

XI.2.2 City council preliminary review. The mayor and council shall, after review by the appropriate city departments, hold a public hearing, review the preliminary development plan, and may choose to adopt, reject, or modify the preliminary development plan or the business may be tabled for additional study to the next regular council meeting. The city council's decision shall be based on the following:

a.

The proposed planned unit development does not affect adversely the orderly development of the city as embodied in the zoning resolution and in any comprehensive plan or portion thereof adopted by the mayor and council.

b.

The proposed planned unit development will not affect adversely the health, safety, and welfare of residents or workers in the area and will not be detrimental to the natural environment or to the use or development of adjacent properties or the general neighborhood.

c.

The proposed planned unit development will accomplish the objective and will meet the standards and performance criteria as outlined in this ordinance.

d.

The proposed planned unit development will not pose any undue social or financial burden upon the tax paying citizens of the city.

The mayor and council may place conditions on their approval that require the applicant to modify the preliminary development plan. Such conditions shall relate to the criteria listed above. If such conditions are not followed, final approval shall not be granted.

XI.2.3 Preliminary approval. Once the mayor and council grant preliminary approval of a proposed planned unit development, the applicant may proceed to install the proper infrastructure as depicted in the preliminary development plan. If it is for the purposes of efficiency, the applicant may proceed to install other features of the development so long as they were mentioned as a priority in the preliminary development plan. Structures and improvements not mentioned as priority in the preliminary development plan may not be constructed until approval of the final development plan. After all required infrastructure is in place, the development site will be reviewed by the appropriate city departments. Upon their approval, the applicant will be eligible to submit the final development plan to the planning commission. Preliminary approval of a proposed planned unit development is valid for nine months past approval by the mayor and council. The applicant may request an extension of this approval, if necessary. Upon receipt of a request by the applicant, the city council may extend for six months the period for filing the final development plan.

XI.2.4. City council final review. Upon review of the final development plan, the city council shall, after the review by the appropriate city departments, review the final development plan to see that it is in compliance with the preliminary development plan and may choose to adopt, reject, or modify the development or the business may be tabled for additional study to the next regular council meeting. The mayor and council may require changes in the final development plan which comply with the following criteria:

a.

The revised plan contains the same or a fewer number of dwelling units or other structures and/or floor area, or

b.

The open space is in the same general location and in the same general amount, or a greater amount, or

c.

The buildings have the same or less number of stories and/or floor area, or

d.

The roads and drives follow approximately the same course.

XI.2.5 Phased developments. The applicant for a proposed planned unit development is encouraged to divide a development into separate phases. In the case of a properly phased planned unit development, there will be only one preliminary review and one application fee. Final approval will be granted one phase at a time. The applicant will only be required to install the proper infrastructure for the active phase. After final approval of the first active phase, there will be no sunset on the preliminary approval unless ownership of the development is changed.