(a)

The purpose and intent of the planned unit development is to provide for the compatible development of two or more different land uses within a single site. This combination of traditional zoning classifications under one development is designed to permit greater flexibility and should benefit both the developer and the public interest.

(b)

It is not the intent of this article to circumvent traditional zoning classifications, increase the average density of uses beyond that which is provided for in other sections of this chapter or allow development which is not compatible with the principles of the comprehensive development plan. This article should provide for a greater flexibility in the design of yards, courts, buildings and circulation than would otherwise be possible through the strict application of district regulations in order to provide the opportunity for the following:

(1)

A pattern of development which preserves trees, outstanding natural topography, and geologic features and prevents soil erosion.

(2)

A creative approach to the use of land and related physical development.

(3)

Open space and/or recreation areas.

(4)

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower building costs.

(5)

An environment of stable character in harmony with surrounding development.

(6)

A more desirable environment than would be possible through the strict application of other sections of this chapter.

(c)

The planning commission and subsequently the city council may include or exclude any uses within the development and/or attach or include any restrictions or conditions. Consideration may be given, but not limited to, the following:

(1)

The compatibility and relationship of uses within the development;

(2)

The compatibility and relationship of land uses adjacent to or in close proximity to the proposed development;

(3)

Overall impact of the proposed development upon the community; and

(4)

The proposed development's conformance with the comprehensive development plan and other adopted plans and policies.

(Code 2002, § 102-621; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-600), 12-20-2017)

A planned unit development district may be proposed for any location in the city if it is in accordance with this article.

(Code 2002, § 102-622; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-601), 12-20-2017)

Approval of the planned unit development district shall constitute an amendment to this chapter. Approval of a planned unit development shall supersede all existing and prior zoning classifications. Property approved for planned unit development shall be identified with the letters "PUD" followed by the corresponding zoning case number.

(Code 2002, § 102-623; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-602), 12-20-2017)

All planned unit development districts shall, at a maximum, satisfy the following standards and requirements:

(1)

Size. The minimum tract size for a planned unit development shall be 20 acres.

(2)

Permitted uses. The planned unit development must contain a minimum of two different land uses.

(3)

Development intensity. The intensity of the planned unit development as a whole or by subarea shall not exceed that allowed in the comparable zoning district of the allowed uses and shall further be governed by the following:

a.

For nonresidential development, the intensity of development may be regulated by:

1.

Specifying an appropriate floor area ratio (FAR).

2.

Specifying maximum square footage or gross leasable area.

3.

Specifying setbacks, height and bulk restrictions.

4.

A combination of such restrictions for the project as a whole or for components or subareas within the project.

In addition, nonresidential development plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of commercial and other nonresidential activities.

b.

The residential density of a project shall be computed in accordance with the following formula:

Maximum number of dwelling units (DUs) = Entire area of the property to be utilized for residential purposes multiplied by the maximum district density shown below:

TABLE I

(4)

Public facilities. All uses within the planned unit development are required to be connected to public utilities.

(5)

Access to public thoroughfares. All uses within the planned unit development are required to be connected to public thoroughfares. If additional roads or streets are required, it shall be the responsibility of the developer to construct them to city standards. In addition, no one- or two-family residential dwelling units should have direct access to any street classified as arterial.

(6)

Parking. Unless specifically modified by the planned unit development amendment, the parking requirements of this chapter shall apply. Reductions in parking requirements shall be approved only if it can be determined that parking demand will be less due to the design and character of the planned unit development.

(7)

Signs. The placement of all signs within the planned unit development shall be regulated by the sign ordinance in chapter 34. This shall include the size, location, illumination, structural integrity and relation to surrounding uses. Any regulations concerning signs shall be so stated in the planned unit development amendment. Modifications to the sign regulations shall be approved only if the general intent of the regulations is adhered to.

(8)

Perimeter treatment. The planned unit development amendment shall specify any special treatment of perimeter areas designed to mitigate the impact of the development upon adjoining properties and/or to achieve an appropriate transition between land uses and densities.

(Code 2002, § 102-624; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-603), 12-20-2017)

Applications for planned unit development shall be processed pursuant to a three-step review process. This procedure shall include the following:

(1)

Preapplication conference.

a.

Not less than 45 days before preparing and submitting the preliminary proposal to the planning commission, the developer and/or his engineer shall consult with the planning commission representative, while the proposal is in sketch form, to ascertain the location of proposed highways, primary or secondary thoroughfares, collector streets, parkways, parks, playgrounds, school sites and other community facilities or planned developments and to acquaint himself with the planning commission's requirements. During the preapplication proceedings, the general features of the planned unit development, its layout, facilities, and required improvements shall be determined to the extent necessary for the preparation of the preliminary planned unit development proposal. Preapplication proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished to the developer.

b.

The city shall have the right to schedule any other meetings necessary to ensure that the planned unit development is compatible with the principles of the comprehensive plan. It shall be the responsibility of the city to schedule such meetings to include the developer and/or his engineer.

(2)

Preliminary proposal. The developer shall prepare and submit to the planning commission a preliminary proposal of the proposed planned unit development which shall conform with the requirements set forth in this subsection at least 30 days prior to the meeting of the planning commission at which time action is desired. The proposal shall be prepared by and shall bear the seal of a registered engineer or land surveyor as applicable by state law. At a minimum, the following information shall be included in the proposal:

a.

Document quantity. Each application for a planned unit development shall be accompanied with ten complete sets of proposal documents.

b.

Required scale. The scale shall be 100 feet to the inch. The vertical scale of street and sewer profiles shall be ten feet or less to the inch.

c.

Name. The proposal shall contain the proposed name of the planned unit development, which shall not duplicate or closely approximate the name of any other planned unit development or subdivision in the city or any other planned unit development or subdivision in the county.

d.

Designation. The proposal shall contain the tract designation according to real estate records of the recorder of the county.

e.

Owners of record. The proposal shall contain the names and addresses of the owners of record, the developer and the engineer or land surveyor, as applicable.

f.

Abutting owners. The proposal shall contain the names of owners of record of adjacent parcels of land, including those across an adjacent public street; also, the current land use and zoning for such parcels.

g.

Boundary lines. The proposal shall contain the boundary lines, accurate in scale, of the proposed development.

h.

Streets and other features. The proposal shall contain the location, widths and names of all existing or platted streets or other public ways within or adjacent to the proposed development, and other important features, such as existing permanent buildings, large trees and watercourses; railroad lines; corporation and township lines; electric and utility lines, etc.

i.

Existing utilities. The proposal shall contain the existing sewers, water mains, culverts and other underground structures within the proposed development and immediately adjacent thereto with the pipe sizes and grades indicated.

j.

Proposed design for street, drainage, building, etc. The proposal shall contain the following:

1.

The layout names and widths of proposed streets, alleys and easements.

2.

The location and approximate size of catchbasins, retention basins, culverts and other drainage structures.

3.

The proposed location of all buildings, common use areas, landscaping features and recreational facilities.

4.

Proposed street names shall be established to the satisfaction of the planning commission representative and approval obtained from the local U.S. Postmaster and shall not duplicate or closely approximate any existing or platted street names in the city, except extensions of existing streets.

k.

Written concept plan. The written plan should include, but not be limited to, any supporting material describing the overall concept of the proposed development; the uses included and any limitations upon uses; building types; provisions for maintenance of common use areas where applicable; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information pertinent to a determination of compliance with this article. Additionally, the written concept plan must include a section detailing the public benefits of the planned unit development proposal.

l.

Zoning. The proposal shall contain the zoning boundary lines, if any; proposed uses of property, and proposed building setback lines.

m.

Other information. The proposal shall contain the north point, scale, date, and title. Both magnetic north and true north shall be indicated with the declination also shown.

(Code 2002, § 102-625; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-604), 12-20-2017)

(a)

Upon completion of all required improvements as stipulated by the planning commission, the developer shall prepare and submit to the planning commission a final proposal of the proposed planned unit development, which shall conform with the requirements set forth in section 50-606, at least two weeks prior to the meeting of the planning commission at which action is desired.

(b)

A fee equal to the actual cost of publication shall be paid to the city for each application for a planned unit development to cover the costs of advertising. The city council, planning commission and board of adjustments shall be exempt from this fee.

(c)

Commencing not less than 15 days prior to the meeting of the planning commission at which the final proposal will be reviewed, the developer shall cause signs, which shall be provided by the city, to be placed on all sides of the property for which the planned unit development is proposed, such signs to be clearly and conspicuously displayed at a minimum spacing of 500 feet and/or at adjacent major intersections as directed by the city. Such signs shall be purchased from the city for actual cost.

(d)

Any developer requesting a planned unit development district shall send notice of such meeting to all of those persons who own property within 185 feet of the property that is sought to be rezoned, as those owners are listed on the county's tax rolls, via certified United States mail, not less than 15 days prior to such meeting.

(e)

Proof that proper notification, as required, including certified return receipts, shall be upon the sworn, written affidavit of the administrative officer, and the citizen organization or governmental body requesting the zoning change, filed with the report of the planning commission to the city council.

(Code 2002, § 102-626; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-605), 12-20-2017)

In addition to all of the standard requirements for the preliminary planned unit development proposal, the following additional requirements shall be required as part of the final planned unit development proposal:

(1)

Bearings and distances.

a.

True bearings and distances to the nearest established street bounds, patent or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the proposal. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the proposal, and their names shall be lettered on them.

b.

The length of all arcs-radii, points of curvature and tangent bearings; all easements and rights-of-way, when provided for or owned by public services, with the limitation of the easement rights definitely stated on the proposal; all lot lines with dimensions in feet and hundredths of a foot, and with bearings and angles to minutes other than right angles to the street and alley lines.

(2)

Monuments. The accurate location and material of all permanent reference monuments.

(3)

Lots and block numbers. Lots shall be arranged in numerical order. In tracts containing more than one block, the lots shall be in numerical order regardless of blocks.

(4)

Dedicated property. The outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to the public use other than streets or roads shall be marked "dedicated to the public."

(5)

Professional certificate. An affidavit and a certificate by a qualified professional engineer or land surveyor as required by state law to the effect that he has fully complied with the requirement of this chapter and applicable state laws.

(6)

Tax-paid certificate. A certificate issued by the authorized city and county officials to the effect that there are no unpaid taxes due and payable at the time of the proposal approval and no unpaid special assessments, whether or not due and payable at the time of proposal approval, on any of the land included in the proposal, and that all outstanding taxes and special assessments have been paid on all property dedicated to public use.

(Code 2002, § 102-627; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-606), 12-20-2017)

(a)

Purpose. The purpose of zero-lot-line construction is to permit a procedure for development which will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will encourage ingenuity and originality in total subdivision and individual site design; and which can preserve open space to serve recreational, scenic and public service purposes and other purposes related thereto, within the densities established by the zoning district in which zero-lot-line construction is permitted.

(b)

Zero side yard. The side yard setback in any residential district may be zero on one side of the lot, provided that:

(1)

The lot adjacent to that side yard is also owned by the applicant at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero or not less than ten feet;

(2)

The adjacent side yard setback is perpetually maintained free and clear of any obstructions other than a three-foot eave encroachment, normal landscaping, patios, garden walls or fences unless it is a zero side yard;

(3)

The wall located at the zero side yard setback is constructed with easily maintained, solid material without windows;

(4)

No portion of the dwelling or architectural features project over any property lines; and

(5)

The zero side yard is not adjacent to a public or private street or alley right-of-way.

(c)

Zero rear yard. The rear yard setback in any residential district may be zero, provided that:

(1)

The lot adjacent to that rear yard is also owned by the applicant or proof of consent is provided from the adjacent lot owner at the time of initial construction and the minimum rear yard setback satisfies the rear yard setback requirements of the zoning district; however, in no case shall the minimum rear yard be less than ten feet unless it is zero;

(2)

The adjacent rear yard setback is perpetually maintained free and clear of any obstructions other than a three-foot eave encroachment, swimming pools, normal landscaping, patios, garden walls or fences unless it is a zero rear yard;

(3)

The wall located at the zero rear yard setback is constructed with easily maintained, solid material without windows;

(4)

No portions of the dwelling or architectural features project over any property lines; and

(5)

The zero rear yard is not adjacent to a public or private street or alley right-of-way.

(d)

Location of zero yards. In residential districts, no lot may have both a zero side yard and a zero rear yard.

(e)

Recording of maintenance and use easements. Appropriate maintenance and use easements shall be included in the deed or deeds for all affected properties.

(f)

Placement of zero yard wall. The zero side or rear yard wall shall be placed precisely on the lot (property line) with a perpetual maintenance easement on the adjacent lot.

(g)

Application and review. Before construction of a zero-lot-line dwelling commences, an application, accompanied by a precise plan, shall be submitted and conditionally approved by the planning commission prior to issuance of building permits for the dwelling. Such plan shall delineate all structures proposed for initial construction. The planning commission, after review, may approve, conditionally approve, or deny the precise plan. In its review, the planning commission shall consider placement of all structures, building material and finishing of the wall constructed along the side or rear lot line.

(Code 2002, § 102-628; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-607), 12-20-2017)