It shall be the policy to guide a major development of land and construction by encouraging planned unit developments (PUD) to achieve the following:

1. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;
2. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services;
3. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns;
4. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and
5. A development pattern in harmony with land use density, transportation and community facility objectives of the comprehensive plan.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

All uses that may be allowed within the land use district are permitted within a PUD. Also, up to twenty percent (20%) of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district; provided, there is a favorable finding by the city that:

1. The uses are appropriate with the residential uses;
2. The uses are planned as an integral part of the PUD; and
3. The uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

A minimum of ten percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed.

1. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as a common open space for parks, recreation and related uses. Public utility and similar easements and rights of way are usable as a trail or other similar purpose approved by the council.
2. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

To provide for an incentive for quality PUD, the council may authorize increased residential density.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

When the PUD also qualifies as a subdivision, the processing of the special use permit and subdivision application shall occur at the same time. The granting of a special use permit for a PUD shall require a preapplication or concept plan, the submission of a development plan, and review and approval by the commission of a final development plan as specified within this title.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

1. An application for PUD shall be filed with the building official by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate:
   1. Name, address and telephone number of applicant;
   2. Name, address and telephone number of registered surveyor, registered engineer and/or urban planner if they are assisting in the preparation of the development plan;
   3. Legal description of property;
   4. Description of existing use;
   5. Zoning districts;
   6. A vicinity map at a scale approved by the city, showing property lines, streets, existing and proposed zoning and such other items as the city may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services;
   7. A development plan at a scale approved by the city showing topography at two foot (2') intervals; location and type of residential, commercial and industrial land uses; layout dimensions and names of existing and proposed streets; rights of way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas and such other characteristics as the city deems necessary;
   8. Proposed schedule for the development of the site;
   9. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan;
   10. A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site; including major wooded areas, structures, streets, easements, utility lines and land uses. The location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land uses considered suitable for adjacent properties;
   11. Whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development, a schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development;
   12. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installation; waste disposal facilities; street improvements and nature and extent of earthwork required for site preparation and development;
   13. Site plan, showing building(s), various functional use areas, circulation and their relationship;
   14. Preliminary building plans, including floor plans and exterior elevations;
   15. Landscaping plans; and
   16. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
2. The application for PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the PUD would be in the public interest.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

The same provisions for public hearing and legal notification as required for special use permits shall be followed for the PUD.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

Within ten (10) days after the first public hearing, the commission shall, in writing, either approve or disapprove the development plan as proposed and findings shall conform with the following:

1. The proposed development can be initiated within a reasonable time frame;
2. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations;
3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD;
4. Any proposed commercial development can be justified at the locations proposed;
5. Any exception from standard district requirements, if warranted by the design and other amenities, are incorporated in the development plan, in accordance with the PUD and the adopted policy of the council;
6. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
7. The PUD is in general conformance with the comprehensive plan; and
8. The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

After having made the preliminary findings, the commission shall establish a date for a second public hearing which shall be no more than forty five (45) days from the date of the first hearing. The applicant shall be responsible for all required notices and publishing costs associated with the first and second public hearings.

1. The hearing shall be held with the commission, and the commission shall either approve, conditionally approve, or disapprove the application as presented. The commission may, after receiving public testimony, delay their decision pending submission of additional information. Upon granting or denying the application, the commission shall specify:
   1. The ordinances and standards used in evaluating the application;
   2. The reasons for approval or denial; and
   3. The actions, if any, that the applicant could take to obtain a permit.
2. If the application is either approved or approved with conditions, the commission shall direct the building official to issue zoning permits only in accordance with the approved development plan and the supplementary conditions attached thereto.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

The approval of a development plan for a PUD shall be for a period not to exceed five (5) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two (2) years after approval is granted, the approved development plan shall be void. An extension of the time limit or modification of the approved development plan may be approved if the commission finds that such extension or modification is not in conflict with the public interest.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

Within ten (10) days after a decision has been rendered by the council, the building official shall provide the applicant with a written notice of the action on the request. The PUD permit will not be issued until all conditions have been satisfied and the appeal period has expired.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

An appeal, as a matter of right, may be taken to the city council from any written decision or action taken by the commission hereunder by either the applicant or by any "affected person", which shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the application.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

All appeals permitted or authorized under this chapter shall be taken and made by physically filing a notice of appeal with the city clerk within twenty eight (28) days from the date of the written decision of the commission being appealed.

(Ord. 439, 4-13-1999)

Prior to the granting or denial of the appeal of a special use permit, the city council shall conduct at least one public hearing and notice shall be given pursuant to the provisions of section 9-10-10 of this chapter; the council's decision must be pursuant to the criteria and findings set forth in sections 9-10-11 and 9-10-12 of this chapter.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

In every case where an appeal has been undertaken hereunder, a transcribable verbatim record of the proceedings shall be made and kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time herein provided for retention of the record, any person may have the record transcribed at his expense.

(Ord. 341, 12-1-1988, eff. 12-1-1988)