It shall be the policy of the City to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:

   (a)   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;

   (b)   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 and services;

   (c)   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;

   (d)   A more efficient use of land than is generally achieved through conventional development, resulting in substantial savings through shorter utilities and streets;

   (e)   A development pattern in harmony with land use density, transportation facilities and community facilities objectives of the concept plan.

   The City is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning, provided that the developer can demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.

(Ord. 4320. Passed 11-15-93.)

   Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this Zoning Code, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the chapter provisions found elsewhere in this Zoning Code.

(Ord. 4320. Passed 11-15-93.)

   Upon approval by the City Development Commission and Council, a planned unit development district may be applied to any existing district. Upon approval of a final development plan, the Official Zoning Map shall be annotated for the land area involved so that the district name includes the notation "PUD".

(Ord. 4320. Passed 11-15-93.)

   Compatible residential, business, manufacturing, public and quasi-public uses may be combined in PUD districts, provided that the proposed location of the business or manufacturing uses will not adversely affect adjacent property and/or the public health, safety and general welfare. Lot area and other yard requirements of Residence Districts shall apply except as modified in Sections 1157.10 through 1157.12.

   When the planned unit development proposes a mixture of residential uses with business and/or manufacturing uses, the City Development Commission, subject to the approval of Council, may limit the development of not more than eight percent of the tract to business uses and not more than twelve percent of the tract to manufacturing uses.

(Ord. 4320. Passed 11-15-93.)

   The gross area of a tract of land to be developed in a planned unit development district shall be a minimum of five acres.

(Ord. 4320. Passed 11-15-93.)

   The project land may be owned, leased or controlled by either a single person or a corporation, or by a group of individuals or corporations. Such ownership may be by a public or private corporation.

(Ord. 4320. Passed 11-15-93.)

   A minimum of twenty percent of the land developed in any planned unit development project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The open space shall be disposed of as required by Section 1157.08.

(Ord. 4320. Passed 11-15-93.)

   The required amount of common open space land reserved under a planned unit development shall either be held in corporate ownership by owners of the project for the use of each owner who buys property within the development or be dedicated to the City and retained as common open space for parks, recreation and related uses. All land dedicated to the City must meet the City Development Commission's requirements as to size, shape and location. Public utility and similar easements, storm water detention/retention areas and right-of-ways for watercourses and other similar channels are not acceptable for common open space dedication to the City unless such land or right- of-way is usable as trail or other similar purpose and approved by the Commission.

   The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.

(Ord. 4320. Passed 11-15-93.)

   Underground utilities, including telephone, cable television and electrical systems, are required within the limits of all planned unit developments. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the City Development Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.

(Ord. 4320. Passed 11-15-93.)

   (a)   Lot area per dwelling unit may be reduced by not more than forty percent of the minimum lot area required in the district regulations. A planned unit development need not conform to the density requirements of the zoning district in which it is located. A diversification of lot sizes is encouraged.

   (b)   Lot widths may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.

(Ord. 4320. Passed 11-15-93.)

   Every property developed under the planned unit development approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be not more than eight townhouse units in any contiguous group.

(Ord. 4320. Passed 11-15-93.)

   For each floor of building height over the maximum height regulations specified, the distance between such buildings and the side and rear property lines of the planned unit development project area shall be increased by a one-foot addition to the side and rear yard required in the districts.

(Ord. 4320. Passed 11-15-93.)

   Off-street parking, loading and service areas shall be provided in accordance with this Zoning Code. However, off-street parking and loading areas shall not be permitted within fifteen feet of any residential use.

(Ord. 4320. Passed 11-15-93.)

   Notwithstanding the provisions of this chapter, every lot abutting the perimeter of the planned unit development district shall maintain all yard requirements specified for the applicable conventional zoning district.

(Ord. 4320. Passed 11-15-93.)

   When planned unit development districts include business uses, business buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

   The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding business areas.

   All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the City Development Commission.

(Ord. 4320. Passed 11-15-93.)

   Planned unit development districts may include industrial uses, if it can be shown that the development results in a more efficient and desirable use of land.

   Manufacturing uses and parcels shall be developed in park-like surroundings, utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.

   Project side yards of forty feet and a rear yard of fifty feet shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right-of-way line and the project building line, and intervening spaces between buildings, drives, parking areas and improved areas, shall be landscaped with trees and plantings and properly maintained at all times.

(Ord. 4320. Passed 11-15-93.)

   Planned unit development districts shall be approved in accordance with the procedures set forth in Sections 1157.18 through 1157.31.

(Ord. 4320. Passed 11-15-93.)

   The developer shall meet with the Code Enforcement Officer and the City Development Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Code and the criteria and standards contained herein, and to familiarize the Commission with the concept development plan.

(Ord. 4320. Passed 11-15-93.)

   (a)   An application for preliminary planned unit development shall be filed with the Chairman of the City Development Commission by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate:

      (1)   The name, address and telephone number of the applicant;

      (2)   The name, address and telephone number of the registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

      (3)   A legal description of the property;

      (4)   A description of the existing use;

      (5)   Zoning district(s);

      (6)   A vicinity map at a scale approved by the Commission, showing property lines, streets, existing and proposed zoning and such other items as the Commission may require to show the relationship of the planned unit development to the concept plan and to existing schools and other community facilities and service;

      (7)   A preliminary development plan at a scale approved by the Commission, showing topography at two-foot intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets, right-of-ways, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings, showing water, sewer, drainage, electricity, telephone and natural gas; and such other characteristics as the Commission deems necessary;

      (8)   A 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 within five years, with the financial capability to initiate and complete the project;

      (10)   The names and addresses of all owners of property contiguous to or directly across the street from the proposed planned unit development, as found on the County Auditor's current tax list.

   (b)   The application for preliminary planned unit development shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the planned unit development would be in the public interest and would be consistent with the City's statement of objectives for planned unit developments as set forth in this chapter.

(Ord. 4320. Passed 11-15-93.)

   Within forty-five days after receipt of the preliminary development plan, the City Development Commission shall hold a public hearing.

(Ord. 4320. Passed 11-15-93.)

   Before holding the public hearing provided for in Section 1157.20, notice of such hearing shall be given in one or more newspapers of general circulation in the City at least thirty days before the date of said hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.

(Ord. 4320. Passed 11-15-93.)

   Before holding the public hearing required in Section 1157.20, written notice of such hearing shall be sent by the Chairman of the City Development Commission by first class mail, at least twenty days before the hearing, to all owners of property contiguous to or directly across the street from the area proposed to be included within the planned unit development district. The failure to deliver the notice, as provided in this section, shall not invalidate any such approval.

   The notice shall contain the same information required of notices published in newspapers, as specified in Section 1157.21.

(Ord. 4320. Passed 11-15-93.)

   Within thirty days after the public hearing required by Section 1157.20, the City Development Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Zoning Code; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area, justify the deviation from the standard district regulations. The Commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configurations of parcels, or engineering feasibility. The Commission may seek assistance in making its recommendation from the County or Regional Planning Commission or any other appropriate source.

(Ord. 4320. Passed 11-15-93.)

   After approval in principle of the preliminary development plan, by the City Development Commission, the final development plan shall be in general conformance with the preliminary development plan approved in principle. Five copies of the final development plan shall be submitted and may be endorsed by a qualified professional team, which should include an urban planner, a licensed architect, a registered land surveyor, a registered civil engineer and a registered landscape architect.

(Ord. 4320. Passed 11-15-93.)

   An application for approval of the final development plan shall be filed with the Chairman of the City Development Commission by at least one owner or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within five years from the date of issuance of the approval. At a minimum, the application shall contain the following information:

   (a)   A survey of the proposed development site, showing the dimensions and bearings of the property lines, the area in acres, the topography, existing features of the development site (including major wooded areas), structures, streets, easements, utility lines and land uses;

   (b)   All the information required on the preliminary development plan; the location and size of lots, the location and proposed density of dwelling units, nonresidential building intensity; and land use considered suitable for adjacent properties;

   (c)   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, and 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 whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development;

   (d)   Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earth work required for site preparation and development;

   (e)   A site plan, showing building(s), various functional use areas, circulation and their relationship;

   (f)   Preliminary building plans, including floor plans and exterior elevations;

   (g)   Landscaping plans;

   (h)   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.

(Ord. 4320. Passed 11-15-93.)

   Within forty-five days after submission of the final development plan, the City Development Commission may hold a public hearing. If a second public hearing is held, notice shall be given as specified in Sections 1157.21 and 1157.22.

(Ord. 4320. Passed 11-15-93.)

   Within sixty days after receipt of the final development plan, the City Development Commission shall recommend to Council that the final development plan be approved as presented, approved with supplementary conditions, or disapproved. The Commission shall then transmit all papers constituting the record and the recommendations to Council.

(Ord. 4320. Passed 11-15-93.)

   Before making its recommendation as required in Section 1157.27, the City Development Commission shall find that the facts submitted with the application and presented at the public hearing establish that:

   (a)   The proposed development can be initiated within five years of the date of approval.

   (b)   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, and that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.

   (c)   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 planned unit development.

   (d)   Any proposed business development can be justified at the locations proposed.

   (e)   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accordance with the planned unit development and the adopted policy of the Commission and Council.

   (f)   The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development.

   (g)   The planned unit development is in general conformance with the concept plan of the City.

   (h)   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.

   The Commission may seek assistance in making its recommendation from the County or Regional Planning Commission or any other appropriate source.

(Ord. 4320. Passed 11-15-93.)

   (a)   Within sixty days after receipt of the final recommendation of the City Development Commission, Council shall hold a public hearing thereon. Notice of the public hearing shall be as specified in Sections 1157.21 and 1157.22. For thirty days prior to the hearing, the Commission's report, as well as any pertinent drawings, plans, reports, etc., shall be available for public examination. If the application is either approved or approved with conditions, Council shall direct the Code Enforcement Officer to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto.

   (b)   Within sixty days after holding the public hearing, Council shall, by ordinance, either approve, approve with supplementary conditions, or disapprove, the application as submitted. If Council disapproves, or establishes conditions that violate, differ from, or depart from, the recommendation of the Commission, it must do so by not less than five- sevenths of the full membership of Council in order for the ordinance to take effect.

(Ord. 4320. Passed 11-15-93.)

   In approving any planned unit development district, Council may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this Zoning Code.

(Ord. 4320. Passed 11-15-93.)

   The approval of a final development plan for a planned unit development district shall be for a period not to exceed five years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within five years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit, or modification of the approved final development plan, may be approved if the City Development Commission finds that such extension or modification is not in conflict with the public interest.

   No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the planned unit development was granted.

(Ord. 4320. Passed 11-15-93.)