The purpose of these planned unit development regulations is to:

A.

Encourage flexibility in the development of land and in the design of structures.

B.

Encourage planned diversification in the location of structures.

C.

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this ordinance.

D.

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

E.

Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of this ordinance.

F.

Encourage the construction of appropriate aesthetic amenities which will enhance the character of the site.

G.

Guarantee quality construction commensurate with other developments within the community, and compatible with the character of the surrounding area and adjoining properties.

H.

Facilitate the implementation of the 2030 Land Resource Management Plan, particularly with respect to areas designated for potential redevelopment within the Plan.

I.

Encourage quality construction and design through an efficient application procedure that is sensitive to the need for expeditious development review.

Applications for planned unit developments shall be filed pursuant to state law and in accordance with the provisions of Section 16.3 (Authorization).

A.

A planned unit development may be authorized as a special use when allowed as a special use within the district use tables. A planned unit development shall be granted in accordance with the procedures and standards of this Article, and the special use provisions of this ordinance. Unless specifically approved by the ordinance granting or amending the planned unit development as a special use, the requirements of the underlying district shall apply. The ordinance granting or amending the planned unit development as a special use may depart from the normal procedures, standards and other requirements of this ordinance.

B.

Previously approved planned community developments must continue to comply with all requirements and conditions of their initial approval, including all Ordinance regulations in effect immediately prior to the date of enactment of this Ordinance. Any changes to existing planned community developments must follow the procedures for changes to planned unit developments (Section 16.7).

A.

Planned unit developments must be a minimum of three (3) acres in any residential district where permitted and two (2) acres in all other districts where permitted. See Use Tables in each district for where permitted.

B.

The ordinance authorizing the special use for a planned unit development may grant exceptions to the regulations contained in this ordinance including, but not limited to, use, density, area, bulk, yards, off-street parking, and signs, as may be desirable to achieve the objectives of the proposed planned unit development, provided that such exceptions are fully consistent with and authorized by this Article. However, where the zoning district regulations state a variance from a specific requirement is not permitted or require connection to public utilities, a planned unit development must comply with such regulation.

C.

Planned unit developments shall be compatible with the purpose and intent of this Ordinance and the 2030 Land Resource Management Plan. A planned unit development shall not substantially diminish the market value of surrounding properties, and it shall cause no substantial impairment of the use of those properties.

D.

Planned unit developments shall not adversely affect the natural environment of the community as a whole. Natural assets and features, such as existing trees and native vegetation, shall be protected and preserved to the greatest extent practical.

E.

The site shall be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development shall be adequate to serve the uses within the development. The applicant shall be responsible for their proportional cost and installation of additional traffic controls and regulating devices that are required.

F.

All proposed streets, alleys and driveways shall be adequate to serve the residents, occupants, visitors or other anticipated traffic. Access points to public streets, and the location of private streets, alleys and driveways shall be subject to the approval of the County Board when granting the special use.

G.

The pedestrian and bicycle circulation system shall be located to provide for separation of pedestrian, bicycle and vehicular movement and for maximum pedestrian safety.

H.

All planned unit developments shall provide for underground installation of utilities, including electricity, cable and telephone. Provisions shall be made for acceptable design and construction of storm sewer facilities and appropriate storm retention and detention devices. The construction and maintenance of all utilities, roadways, parking facilities and other site improvements shall be in accordance with the requirements of this Ordinance and other regulations of the County.

A.

The Zoning Board of Appeals may recommend and the County Board may grant exceptions to the district bulk regulations where a planned unit development is located. The planned unit development is subject to the underlying district regulations unless such exception is specifically granted. Exceptions from district regulations may be granted for planned unit developments, if the County Board finds that such exceptions:

1.

Enhance the overall merit of the planned unit development.

2.

Promote the objectives of both the County and the development.

3.

Enhance the quality of the design of the structures and the site plan.

4.

Enable the development to offer environmental and pedestrian amenities.

5.

Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.

6.

Are compatible with the land use policies of the 2030 Land Resource Management Plan.

7.

Provides a public benefit to the County, as described in Paragraph C below.

B.

The planned unit development is subject to the underlying district use regulations unless the Zoning Board of Appeals recommends and the County Board permits uses other than those allowed within the district when it is determined by the County Board to be desirable in achieving the objectives of the planned unit development. However, there must be clear evidence that such uses are desirable and appropriate with respect to the primary purpose of the development, and are not of such a nature, or so located, as to exercise a detrimental influence on the development or the surrounding neighborhood. When multiple uses are proposed, if the majority of the uses proposed for the planned unit development are not allowed within the underlying zoning district, an applicant must rezone to a district in line with the requested use exception before applying for a planned unit development.

C.

The underlying zoning district bulk and yard requirements shall apply, unless an exception is granted by ordinance as part of the approved special use. Exceptions to district regulations may be granted where it is determined that such modifications shall not negatively affect the value and enjoyment of surrounding property, the provision of services, or the flow of traffic. To be granted such exceptions, the applicant must demonstrate superior design and enhanced amenities. In no case shall an exception to district regulations within a planned unit development be granted unless the applicant demonstrates a benefit to the County. However, where the zoning district regulations state a variance from a specific requirement is not permitted or require connection to public utilities, a planned unit development must comply with such regulation.

D.

The following design characteristics and amenities are provided as a guide for consideration as to whether to grant an exception to district requirements. The following items are a guide and not an exclusive list of requirements. Additional design characteristics and amenities not listed may be considered as part of the approval process.

1.

Reduced use of impervious surface materials, including cluster development and use of higher quality semi-pervious materials.

2.

Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities.

3.

Preservation of environmental or historic features.

4.

Adaptive reuse of existing structures.

5.

Open space and recreational amenities such as:

a.

Swimming pools.

b.

Tennis courts.

c.

Recreational open space accessory buildings.

d.

Jogging trails and fitness courses.

e.

Playgrounds.

f.

Natural water features and conservation areas.

g.

Detention areas which are accessible to occupants or the public via nature trails, boardwalks, and/or perimeter walkways, but higher consideration is placed if they are designed as natural water features and are landscaped with native vegetation.

6.

Additional public infrastructure improvements in addition to the minimum required by the planned unit development, such as new or repaved streets, installation of gutters and storm sewers, and traffic control devices to improve traffic flow.

7.

Senior housing set-aside.

8.

Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.

In its establishment and authorization as a special use, in addition to the special use process of this Ordinance, the following procedures, requirements, restrictions, and conditions shall be observed. In addition to the special use procedures, approval of a planned unit development is a four-step process, which includes a pre-application consultation, optional concept plan, Preliminary Development Plan and Final Development Plan. No building permit shall be issued until a Final Development Plan has been approved.

16.6.1 Pre-Application Consultation. Prior to the filing of an application for a planned unit development, the applicant shall confer with the Planning and Zoning Officer, as well as other County staff the Planning and Zoning Officer deems appropriate to confer with, regarding the proposed development. At the pre-application meeting the applicant shall provide information as to the location of the proposed planned unit development, the proposed uses, proposed public and private improvements, a list of any known exceptions to this Ordinance and other ordinances of the County, and any other information necessary to clearly explain the planned unit development. The purpose of such pre-application presentation and conference is to make advice and assistance available to the applicant before preparation of the optional concept plan or required preliminary development plan, so that the applicant may determine:

A.

Whether the proposed planned unit development appears in general to be in compliance with the provisions of this Ordinance and other applicable regulations.

B.

Whether any zoning exceptions are required in connection with the proposed planned unit development.

C.

Whether the proposed planned unit development will be in conformity with the 2030 Land Resource Management Plan, and the goals and policies of the County for development. The pre-application conference does not require formal application, fees or filing of a planned unit development application.

Any opinions or advice provided by the Planning and Zoning Officer shall be in no way binding with respect to any official action the Zoning Board of Appeals or County Board may take on the subsequent formal application.

16.6.2 Optional Concept Plan.

A.

Before submitting a formal application for a planned unit development, the applicant may present a concept plan to the Planning and Zoning Officer for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense. At minimum, the concept plan shall consist of the following:

1.

A map or maps in general form containing the general layout of lots, proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the planned unit development, the location of all adjacent public streets, thoroughfares and public utilities, and schematic drawings showing the size, character and disposition of buildings on the site.

2.

A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction.

B.

The Planning and Zoning Officer, as well as other staff as deemed appropriate, shall review the concept plan, and provide such information and guidance as it deems appropriate. Any opinions or advice provided by the Planning and Zoning Officer shall be in no way binding with respect to any official action the Zoning Board of Appeals or County Board may take on the subsequent formal application. The review of the concept plan shall not be a public hearing, and any failure to observe formal procedures shall not affect the ultimate validity of any enabling legislation.

16.6.3 Preliminary Development Plan. All applications for planned unit developments shall contain a Preliminary Development Plan, which shall be filed with the Planning and Zoning Officer, who shall forward a copy of the same to the Zoning Board of Appeals. After the Zoning Board of Appeals review, a copy will be forwarded to the County Board.

A.

Minimum Requirements. Every Preliminary Development Plan shall contain the following:

1.

A plat of survey of the parcel or parcels of land comprising the zoning lot. The plat shall be drawn to scale showing the actual dimensions of this zoning lot, including all parcels or lots within the zoning lot. The plat shall be drawn in accordance with the recorded plat of such land.

2.

Proof of ownership or statement describing affiliation with the subject property.

3.

A site location map drawn to an appropriate scale showing the proposed planned unit development in relation to surrounding streets and property located within six hundred (600) feet in all directions of the development site. The map shall indicate the location, height and land use of all existing buildings and structures immediately adjacent to the development site.

4.

A site plan drawn to an appropriate scale showing:

a.

The location, ground area, height, bulk and approximate dimensions of all existing and proposed buildings and structures within the planned unit development.

b.

The use or uses to be made of such existing and proposed buildings and structures.

c.

The dimensions of all perimeter setbacks and the distance between all buildings and structures.

d.

The location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

e.

The location, height, design and illumination characteristics of all external lighting fixtures within the development.

f.

The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, school sites, public buildings or for any other public or quasi public use.

5.

Typical building elevations and schematic design presentations indicating the general architectural character of all proposed buildings and structures. The drawings need not be the result of final architectural decisions.

6.

A traffic circulation plan and traffic impact analysis indicating the proposed movement of vehicles, goods and pedestrians within the planned unit development, and to and from adjacent streets, and the impact of the proposed planned unit development upon existing traffic patterns. Such studies shall also include an examination of the adequacy of on-site parking facilities, vehicular circulation patterns and pedestrian access and safety.

7.

A preliminary drainage plan indicating the manner in which surface drainage will be controlled and managed, consistent with all County and other governmental jurisdictions, regulations and requirements.

8.

A utilities study indicating the adequacy of the utility systems serving the proposed planned unit development, including water distribution lines, sanitary sewers and stormwater drainage facilities.

9.

A landscape plan indicating the general character of all proposed landscaping, screening and fencing, including all open space areas around buildings and structures. Said landscape plan need not be the result of final architectural decisions.

10.

A separate schedule setting forth any proposed exceptions to any County regulations. This schedule shall cite by Section number each regulation from which an exception is sought.

11.

A general narrative of the proposal and how it meets the standards for a planned unit development.

12.

Proposed easements, covenants and restrictions, if any.

13.

A sign plan.

B.

Preliminary Development Plan Procedure. The procedure for approval of the Preliminary Development Plan shall be:

1.

Action by the Zoning Board of Appeals. The Zoning Board of Appeals shall review the Preliminary Development Plan and special use for planned unit development at a public hearing. If, in the Zoning Board of Appeals judgment, the application does not contain sufficient information to enable the Zoning Board of Appeals to properly discharge its responsibilities, the Zoning Board of Appeals may request additional information from the applicant. Within sixty (60) days of the close of the public hearing, the Zoning Board of Appeals shall either:

a.

Recommend approval with or without conditions or denial of the planned unit development, including the Preliminary Development Plan, and submit its written recommendation to the County Board.

b.

Advise the applicant of any recommended changes, additions or corrections to the Preliminary Development Plan. The applicant may, within sixty (60) days, submit the revised Preliminary Plan for Zoning Board of Appeals consideration at a continuation of, or at a new, public hearing. The applicant may do so without paying an additional filing fee. The Zoning Board of Appeals shall then recommend approval or denial of the planned unit development, including the Preliminary Development Plan, and submit its written recommendation to the County Board.

2.

Approval Standards for Planned Unit Developments. The Zoning Board of Appeals recommendation to the County Board shall set forth in what respects the planned unit development is or is not in the public interest including, but not limited to, evaluation of the following standards for approval:

a.

The site of the planned unit development is adaptable to the unified development proposed.

b.

The proposed planned unit development will not be detrimental to or endanger the public health, safety or general welfare of any portion of the community.

c.

The proposed planned unit development will not be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted.

d.

The proposed planned unit development will not diminish or impair property values within the neighborhood.

e.

The proposed planned unit development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

f.

Adequate utilities, drainage, off-street parking, pedestrian access and all other necessary facilities are, or will be, provided.

g.

Adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets are, or will be, provided.

h.

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities, is compatible with the surrounding neighborhood and adjacent land uses.

i.

Those areas of the proposed planned unit development which are not to be used for structures, parking and loading areas, or access ways, are suitably landscaped.

j.

The planned unit development in the specific location proposed is consistent with the spirit and intent of this Ordinance and the 2030 Land Resource Management Plan.

3.

Action by the County Board. The County Board, after receipt of the recommendations from the Zoning Board of Appeals, shall approve, approve with conditions or deny the Planned Unit Development, including the Preliminary Development Plan, within sixty (60) days following the receipt of the recommendations of the Zoning Board of Appeals.

a.

If the planned unit development, including the Preliminary Development Plan is denied, the County Board shall inform the applicant of the denial, and such shall be filed with the Planning and Zoning Officer.

b.

If the planned unit development, including the Preliminary Development Plan is approved, the applicant shall submit a Final Development Plan for the planned unit development.

C.

Limitations on Denials. No special use application for a planned unit development, which has been denied by the County Board, shall be reconsidered for a period of one (1) year from that date of denial.

16.6.4 Final Development Plan.

A.

Final Development Plan Procedure. Within one (1) year following the approval of the planned unit development, including the Preliminary Development Plan, the applicant shall file with the Planning and Zoning Officer a Final Development Plan containing, in final form, the information required for the Preliminary Development Plan. If the planned unit development is to be developed in phases, the applicant need only file a Final Development Plan for the first phase of development, as indicated in the development and construction schedule prescribed below. The Final Development Plan for the remaining phases shall be filed in accordance with the development and construction schedule. The Final Development Plan must be in substantial conformance with the Preliminary Development Plan. Every Final Development Plan shall contain the following information and documentation:

1.

A final site plan drawn to an appropriate scale. The final site plan shall include the following information:

a.

Final designation of the location, ground area, height, bulk and exact dimensions of all existing and proposed buildings and structures within the planned unit development.

b.

A detailed tabulation of each separate land use area, including land and building areas, and where applicable, the total number of residential dwelling units, the number of bedrooms in each unit, and the residential density.

c.

The use or uses to be made of such existing and proposed buildings or structures.

d.

The dimensions of all setbacks and the distances between all buildings and structures.

e.

The final location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

f.

The exact location and dimensions of any areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, school sites, public buildings, or for any other public or quasi public use.

2.

An accurate legal description of the entire zoning lot upon which the planned unit development is to be located, and a legal description of each separate subdivided parcel, including any areas to be conveyed, dedicated or reserved for public or quasi public uses.

3.

All final covenants, easements, agreements and other provisions required to govern the use, maintenance and continued protection of the planned unit development, along with an agreement assuring that the applicant, any subsequent owner or, where applicable, a homeowners association shall be responsible for all street, utility and common open space maintenance within said development and for snow plowing and refuse disposal.

4.

All plats, certificates, seals and signatures required for the dedication or vacation of land.

5.

If subdivision of the development site is required for the planned unit development, a plat of the subdivision shall be approved and prepared suitable for recording with the County Recorder's Office in accordance with the subdivision requirements of this Ordinance. In like manner, if a vacation or dedication of a public street or alley is included, a plat of the vacation or dedication shall be prepared.

6.

A detailed landscape plan based on final architectural decisions indicating the specific location and character of all landscaping, including the size and species of all trees, shrubs, hedges and other groundcover, the location, size and type of all screening and fencing and the location, height, design and illumination characteristics of all external lighting fixtures within the development shall be submitted for approval.

7.

A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all water distribution lines, sanitary sewers and storm drainage facilities required to serve the planned unit development and the manner in which surface drainage will be controlled and managed consistent with all applicable County regulations.

8.

A development and construction schedule indicating the following:

a.

The date when construction of the planned unit development will begin or, if developed in phases, the date when construction of the initial phase will begin.

b.

If the planned unit development is to be developed in phases, a map indicating the phases in which the planned unit development will be built, the dates when the Final Plans for all but the initial phase will be filed, and the approximate dates when construction of each subsequent phase will begin.

c.

The date when construction of the planned unit development will be completed, and the date when a specific use or uses will be established, or if developed in phases, the date when construction of each phase will be completed, and the date when a specific use or uses will be established for each phase.

9.

Building elevations indicating the architectural character of all proposed buildings and structures based on final architectural decisions and prepared in detail.

10.

Drawings and design presentations of all signs to be erected within the planned unit development.

B.

Action. The Planning and Zoning Officer shall review the Final Development Plan and shall take the following actions:

1.

Conformance with Preliminary Development Plan. The Planning and Zoning Officer shall approve the Final Development Plan if it is in substantial compliance with the Preliminary Development Plan and all County regulations.

2.

Nonconformance with Preliminary Development Plan. If the Planning and Zoning Officer finds that the Final Development Plan is substantially changed from the approved Preliminary Development Plan, or is otherwise not in accordance with County regulations, then the Planning and Zoning Officer shall deny the plan. If the Final Development Plan is held not to be in conformity with the Preliminary Development Plan or other County regulations, the Planning and Zoning Officer shall inform the applicant with regard to specific areas found not to be in compliance, and the applicant may resubmit the Final Development Plan to the Planning and Zoning Officer with changes to those areas found not to be in compliance.

C.

Approval. After the approval of the Final Development Plan by the Planning and Zoning Officer, the use of the land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved Final Development Plan(s).

The Planning and Zoning Officer shall review the application for zoning and building permits to determine if there are any major or minor amendments. Minor amendments are approved by the Planning and Zoning Officer and major amendments by the County Board.

16.7.1 Minor Amendments. The Planning and Zoning Officer may approve minor amendments to the approved Final Development Plan. Minor amendments include the following:

A.

Minor changes in the location, siting, and height of the buildings and structures may only be authorized if engineering or other physical limitations of the site or building, not reasonably foreseeable at the time the Final Development Plan was approved, warrant such a change, and upon review and approval by the Planning and Zoning Officer or other appropriate County staff.

B.

Changes to the landscape plan, which do not result in a reduction in the net amount of plant material, and do not violate the landscaping requirements of this Ordinance, shall be considered a minor change.

16.7.2 Major Amendments. All major changes to the Final Development Plan must be approved by the County Board under the procedure authorized for a planned unit development and special use. Major changes are defined as those not resulting from engineering or other physical limitations of the site or building, not reasonably foreseeable at the time the Final Development Plan was approved, and not substantially consistent with the approved Final Development Plan. Upon review of the proposed changes, it may be determined that the proposed changes to the planned unit development constitute a new application and must be resubmitted as a new planned unit development application in accordance with this Article.

A.

If construction work related to the proposed planned unit development has not begun within twelve (12) months from the date of authorization by the County Board, the authorization shall become null and void and all rights shall lapse. However, the County Board may extend this period of validity for longer than twelve (12) months from the date of authorization, with or without conditions, as part of the planned unit development approval.

B.

The applicant can request an extension, upon his/her written application, filed prior to the termination of the time limit. The County Board may authorize a single extension of not more than twelve (12) months without a public notice.

Prior to granting any special use, the Zoning Board of Appeals may recommend, and the County Board may stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned unit development as deemed necessary to guarantee performance of all conditions.

Building permits may only be issued if the construction work in question is in conformity with the approved Final Development Plan and with all other applicable ordinances and regulations.

A.

The Planning and Zoning Officer may periodically review all permits issued for the planned unit development in conjunction with the construction that has taken place on the planned unit development site, and compare actual development with the approved development and construction schedule.

B.

If the Planning and Zoning Officer finds that the applicant has failed to meet the approved development and construction schedule, the Planning and Zoning Officer shall notify the County Board in writing. Within thirty (30) days of such notice, the County Board shall either revoke the special use and the land shall revert to its former classification or, for good cause shown by the applicant, the development and construction schedule may be extended for a reasonable time.

C.

If the subject site is to be subdivided, it must comply with all relevant codes regarding subdivision.