It is the intent not to create additional PD-H1 or PD-H2 Districts, or to enlarge the limits of existing PD-H1 or PD-H2 Districts. It is only the intent of this article to recognize those areas currently developed, being developed, or proposed for development under planned unit development regulations as zoned PD-H1 or PD-H2.

(a)

The land use plan approved by city council, or as modified, for each planned unit development project shall govern the development, and all land uses shall be in accordance with it.

(b)

Modifications to the land use plan by city council shall be in the manner of a zoning change or by conditional use permit for uses designated in subsection (d).

(c)

Within a PD-H1 District, all of the principal uses and structures permitted within an A-12 Apartment District other than hospitals and sanitariums, together with the following enumerated uses and structures, shall be permitted:

(1)

Fraternity and sorority houses, student dormitories and student centers;

(2)

Housing for seniors and disabled persons, with a conditional use permit;

(3)

Marinas;

(4)

Private clubs or social centers provided that clubs where conduct of commercial affairs is a principal activity shall not be permitted;

(5)

Residential care for seniors, provided that no more than two (2) employees including a bona fide resident of the dwelling shall be permitted; and

(6)

Home sharing meeting the requirements of section 209.6.

(d)

Within a PD-H1 District, the following uses shall be allowed as conditional uses:

(1)

Communication towers;

(2)

Family day-care homes;

(3)

Group homes;

(4)

Kennels, residential;

(5)

Religious uses;

(6)

Wind energy conversion systems, free standing and roof-mounted; and

(7)

Home-based wildlife rehabilitation facilities, provided that the principal structure is a single-family dwelling and the lot is greater than two thousand five hundred (2,500) square feet.

(e)

Other uses may be permitted if specifically approved as part of the plan, provided that the areas and structures occupied shall be so located and designed as to protect the character of the surrounding property and shall not, in combination, occupy more than five (5) percent of the land area of the district, and provided further that convenience establishments and shopping centers shall be subject to additional requirements as herein specified:

(1)

Commercial areas of less than three (3) acres.

(i)

Such establishments and their parking areas shall not occupy more than two and one-half (2.5) percent of the land area of the development.

(ii)

Such establishments shall be limited to those principal uses permitted in the B-1A Business District.

(iii)

Such establishments shall be so located, designed and operated as to serve primarily the needs of persons within the district and not persons residing elsewhere.

(iv)

Off-street parking shall be required for all uses and structures permitted in accordance with section 203. Loading requirements shall be in accordance with section 204.

(v)

No building permit for any convenience establishment shall be issued nor may any building be used for a convenience establishment before building permits for at least one hundred (100) dwelling units within a radius of one thousand (1,000) feet of the proposed establishment have been issued.

(2)

Commercial areas of three (3) acres or more.

(i)

Such centers shall be included as an integral part of the PD-H1 District.

(ii)

Such centers shall have direct access to no less than a secondary street and shall be located and designed without creating congestion or traffic hazards on any street.

(iii)

Design of parking and service areas, entrances, exits, yards, courts and landscaping shall preserve the residential character of the PD-H1 District and of any adjoining residential district.

(iv)

Shopping center parking and service areas and accessways may serve other nonresidential uses in the vicinity, if such multiple use will not lead to congestion or the creation of hazards to pedestrian or vehicular traffic.

(v)

No building permit for any shopping center shall be issued prior to construction of at least two hundred fifty (250) dwelling units in the PD-H1 project.

(vi)

Off-street parking requirements shall be as specified in section 203.

(vii)

Such centers shall be limited to those principal uses permitted in the B-2 Community Business District.

(f)

Special restrictions in Accident Potential Zone 1 (APZ-1). No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-1) unless such use is designated as compatible in APZ-1 in Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of section 1804; provided, however, that any use or structure not designated as compatible shall be permitted as a replacement of the same use or structure the replacement use or structure is of equal or lesser density or intensity than the original use or structure.

(Ord. No. 2495, 6-23-98; Ord. No. 2907, 12-20-05; Ord. No. 3237, 6-12-12; Ord. No. 3441, 4-19-16; Ord. No. 3468, 12-6-16; Ord. No. 3470, 12-6-16; Ord. No. 3496, 4-4-17; Ord. No. 3578, 1-15-19; Ord. No. 3667, 7-13-21)

The maximum density per gross acre shall not exceed four and one-fourth (4.25) dwelling units per acre.

In order to create a diversified, interesting and attractive complement to the city and provide visual satisfaction to the general public as well as to offer varying living opportunities to future residents, the following housing restrictions shall apply:

(a)

Dwellings, single-family. A variety of lot sizes and dwelling types is desirable. Single-family dwellings shall comprise at least forty-five (45) percent of the dwelling units.

(b)

Remaining property devoted to housing shall be divided among at least two (2) other dwelling unit types, among which may be:

(1)

Duplex;

(2)

Townhouses;

(3)

Multiple-family;

(4)

Semidetached.

The minimum tract size for PD-H2 development shall be five (5) acres.

The land use plan shall provide for development of the property within the PD-H2 District in a manner which is compatible with the development and zoning of the land adjacent to the district. The land use plan shall show how the proposed development of the property would differ from that which would otherwise be permitted in the underlying zoning district and the public benefit to be gained by developing the property in a PD-H2 District.

The land use plan shall provide the following:

(a)

Location of proposed streets;

(b)

Proposed number of dwelling units;

(c)

Total acreage of the site;

(d)

Proposed housing types, location of areas devoted to each housing type, acreage and number of units for each such area, and the minimum lot size proposed for each area and housing type;

(e)

Location and nature of other proposed uses;

(f)

Location of proposed open spaces, public sites, and recreational areas, nature of recreational facilities proposed, means of maintenance of such and acreage of each site;

(g)

Regulations governing the height, setback requirements, off-street parking requirements and sign restrictions for each area within the PD-H2 project;

(h)

Location and acreage of floodplain, special flood hazard areas, floodway and wetlands.

When adopted, the PD-H2 land use plan shall serve as a supplement to and, where they conflict, as a replacement for, the zoning regulations of the underlying district. The land use plan shall not, however, supplement or replace any of the requirements of the subdivision ordinance (Appendix C) or the Floodplain Ordinance (Appendix K).

(Ord. No. 2667, 10-23-01; Ord. No. 3310, 11-26-13)

Within the PD-H2 District, only the following uses and structures shall be permitted:

(a)

Principal uses and structures.

(1)

Dwelling units of the types specified in the land use plan;

(2)

Public buildings, structures, and other public uses;

(3)

Recreational facilities of the type described in the plan;

(4)

Child care education centers, in connection with public or private elementary schools or churches, provided that such uses shall not be eligible for residential density credit;

(5)

Day-care centers, provided that such uses shall not be eligible for residential density credit;

(6)

Public utilities installations and substations; provided offices or storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and like uses shall require only a landscaped screening hedge, solid except for access opening;

(7)

Home sharing meeting the requirements of section 209.6.

(b)

Accessory uses. Uses which are customarily accessory and clearly incidental and subordinate to the principal uses shall be allowed as accessory uses.

(c)

Conditional uses.

(1)

Religious uses, provided that such use shall not be eligible for residential density credit;

(2)

Family day-care homes; foster homes and group homes, provided that such uses shall not be eligible for residential density credit;

(3)

Home occupations;

(4)

Housing for seniors and disabled persons; and

(5)

Short-term rental within a STR Overlay District meeting all of the requirements of section 241.2 and, where applicable, section 2303.

(Ord. No. 2495, 6-23-98; Ord. No. 3000, 9-25-07; Ord. No. 3441, 4-19-16; Ord. No. 3578, 1-15-19; Ord. No. 3667, 7-13-21)

Housing types and density for the various areas within the PD-H2 project shall be as specified on the land use plan. However, the overall density for the PD-H2 project shall not exceed that which could be achieved with conventional subdivision in the underlying district, or that indicated in the following table, whichever is greater.

The overall area of the PD-H2 project shall be construed as including any areas rezoned to P-1 or dedicated as a public site in conjunction with the project.

Maintenance and ownership of open space, public sites, and recreational areas in the PD-H2 District shall be as specified in the land use plan or in the accompanying documents, and shall consist of one of the following:

(a)

Homeowners' association. If a homeowners' association is to assume ownership of the open space, then it shall bear all responsibility for maintenance of the land and all structures thereon. All landowners in the PD-H2 District shall be members of the homeowners' association. There shall be restrictive covenants recorded which prohibit use of the subject land for any purpose but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed to each lot or parcel within the development. Such covenants shall be approved by the city attorney and recorded before the first building permit in the project is issued.

(b)

Ownership by other public or private entity. Ownership of the open space may be by another public or private entity. In this event, restrictive covenants, as in (a) above, shall be recorded which prohibit use of the subject land for any purpose but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. Such restrictions shall be approved by the city attorney and recorded before any subdivision plat of the property within the PD-H2 District is approved for recordation or any building permit issued. Such entity shall be responsible for all maintenance of the open space, and shall make the use and enjoyment of the open space available to all residents of the PD-H2 project.

(c)

Dedication to the city. The open space may be dedicated to the city as a public site but only upon the concurrence of the city council. If the dedication is accepted, the public site shall be maintained by the city as open space, except that city council after having received recommendations from the city manager may designate portions of public sites for use other than as open space, provided the remaining amount of property maintained as open space is not less than fifty (50) percent of the amount of property which would have been reserved pursuant to the subdivision ordinance for recreational purposes if the property in the PD-H2 District had been developed according to the underlying zoning district.

Except for public sites, open space shall only be used in its natural state or for recreational related uses. No structure shall be erected for maintenance or recreational purposes. The combination of open space and public sites provided shall be a minimum of fifteen (15) percent of the gross acreage of the tract of land, and shall not include lakes, floodways, or other bodies of water.

(Ord. No. 3382, 11-18-14)

Any changes to housing type, density, allowed uses, or location of any of the elements, or other aspects of the land use plan, where the change is not clearly in keeping with the concept of the plan as approved by city council, shall require an amendment to the PD-H2 land use plan. Such amendments shall be approved only in the manner of approval of the original land use plan. Changes which clearly are in keeping with the concept of the plan as approved by city council may be made by the planning director.