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

   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, industrial 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 and community facilities objectives of the comprehensive plan. (Ord. 275, 4-2-2015)

Whenever there is a conflict or difference between the provisions of this chapter and those of 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. 275, 4-2-2015)

All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be directed to other commercial, industrial, public, and quasipublic uses that are not allowed within the land use district; provided, there is favorable finding by the City Council that: (Ord. 275, 4-2-2015; amd. 2018 Code)

   A.   The uses are appropriate with the residential uses.

   B.   The uses are intended to serve principally the residents of the PUD.

   C.   The uses are planned as an integral part of the PUD.

   D.   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.

   E.   A minimum of fifty percent (50%) of the residential development occur prior to the development of the related commercial or industrial land uses. (Ord. 275, 4-2-2015)

   A.   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. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holder of an equitable interest in such property.

   B.   Before approval is granted to the final development plan, the entire project shall be under single ownership or control and legal title must be presented with the final development plan. (Ord. 275, 4-2-2015)

   A.   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. (Ord. 275, 4-2-2015)

   B.   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 common open space for parks, recreation, and related uses. Public utility and similar easements and rights- of-way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or other similar purpose and approved by the City Council. (Ord. 275, 4-2-2015; amd. 2018 Code)

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

   D.   Every property developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. (Ord. 275, 4-2-2015)

Underground utilities, including telephone and electrical systems, are required within the limits of all PUDs. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the City Council finds that such exemption will not violate the intent or character of the proposed PUD. (Ord. 275, 4-2-2015; amd. 2018 Code)

To provide for an incentive for quality PUD, the City Council may authorize an increased residential density of up to fifteen percent (15%) of the allowable number of dwelling units. Character, identity, architectural, and siting variation incorporated in a development shall be considered cause for density increases, provided these factors make a substantial contribution to the objectives of the PUD, which are as follows: (Ord. 275, 4-2-2015; amd. 2018 Code)

   A.   Landscaping (a maximum increase of 5 percent), streetscape, open spaces and plazas; use of existing landscaping, pedestrianway treatment and recreational areas;

   B.   Siting (a maximum increase of 5 percent), visual focal points, use of existing physical features such as topography, view, sun, and wind orientation, circulation pattern, physical environment, variation in building setbacks, and building grouping (such as clustering); and

   C.   Design features (a maximum increase of 5 percent), street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types. (Ord. 275, 4-2-2015)

   A.   When PUDs include commercial uses, commercial buildings, and establishments, they 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. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.

   B.   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 noncommercial areas.

   C.   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. (Ord. 275, 4-2-2015)

   A.   PUDs may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land.

   B.   Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and natural conditions 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.

   C.   Project side yards of forty feet (40') and a rear yard of fifty feet (50') shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right-of-way line and 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. 275, 4-2-2015)

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, the submission of a preliminary development plan, and approval by the City Council of a final development plan as specified within this title. (Ord. 275, 4-2-2015)

The developer shall meet with the City Clerk-Treasurer 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 title and the criteria and standards contained herein, and to familiarize the developer with the comprehensive plan, zoning ordinance, subdivision ordinance, and such other plans and ordinances as deemed appropriate. (Ord. 275, 4-2-2015)

   A.   An application for preliminary PUD shall be filed with the City Clerk-Treasurer 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 phone number of applicant.

      2.   Name, address, and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.

      3.   Legal description of property.

      4.   Description of existing use.

      5.   Zoning districts. (Ord. 275, 4-2-2015)

      6.   A vicinity map at a scale approved by the City Council, showing property lines, streets, existing and proposed zoning and such other items as the City Council 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 preliminary development plan at a scale approved by the City Council 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, preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas and such other characteristics as the City Council deems necessary. (Ord. 275, 4-2-2015; amd. 2018 Code)

      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 within two (2) years.

      10.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

      11.   An environmental checklist supplied by the City Clerk- Treasurer.

   B.   The application for preliminary 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. 275, 4-2-2015)

The same provision for public hearing and legal notification as required for special use permits shall be followed (see section 8-6-5 of this title). (Ord. 275, 4-2-2015)

   A.   Within ten (10) days after the public hearing, the City Council shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; 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 standard district regulations. The City Council'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, configuration, or parcels of engineering feasibility.

   B.   The City Council shall consider the general standards applicable to special use permits and criteria for special uses before approving in principle a preliminary development plan (see section 8-6-3 of this title).

(Ord. 275, 4-2-2015; amd. 2018 Code)

Upon approval in principle of a preliminary development plan, an application for approval of the final development plan may be filed with the City Clerk-Treasurer by at least one property owner or person having a presently existing interest in the property for which the PUD 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 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 two (2) 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, areas in acres, 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 sizes of lots, 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, the number of housing units proposed by type, estimated residential 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 nature and extent of earth work required for site preparation and development.

   E.   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. 275, 4-2-2015)

   A.   Within thirty (30) days the City Council shall either approve, approve with supplementary conditions, or disapprove the application as presented. Upon granting or denying the application, the City Council shall specify in a written report: (Ord. 275, 4-2-2015; amd. 2018 Code)

      1.   The ordinance 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.

   B.   If the application is either approved or approved with conditions, the City Council shall direct the City Clerk- Treasurer to issue building permits only in accordance with the approved final development plan and the supplementary conditions attached thereto. (Ord. 275, 4-2-2015)

The approval of a final development plan for a PUD shall be for a period not to exceed two (2) 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 final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved if the Council finds that such extension or modification is not in conflict with the public interest.

(Ord. 275, 4-2-2015)