It is the intent of this district to provide considerably more land use and development flexibility than is possible through application of the zoning district regulations established by the Zoning Ordinance of the City of York where such land uses and developments will not be contrary to the intent of such ordinance, will be consistent with the current comprehensive plan and will be in the best interests of the city and the developer. Land uses and developments in this district shall be pre-planned, designed and coordinated so that the impacts of the development can be predetermined. Development of affordable entry level and retirement housing, additional commercial and industrial uses and the encouragement of redevelopment of blighted and substandard areas within the City shall be particular objectives of this district as well as the following:

(1)

To encourage more creative and cost effective land and building site planning and design by providing flexibility and cost-saving incentives for such development.

(2)

To encourage more creative, efficient and cost effective designs of streets and public utility systems.

(3)

To encourage development of functional and aesthetically desirable open spaces and landscaping.

(4)

To encourage the effective reutilization of by-passed land or land uses so poorly planned and developed as to be a detriment to the surrounding neighborhood and the community.

(5)

To simplify the public review, platting and approval process of development proposals.

(Ord. No. 2173, § 2, 3-2-2017)

The provisions of this district shall apply only to a lot, tract, series of lots or tracts or parcels of land which contain a minimum of one (1) acre of land and, if a residential development is proposed, a minimum of four (4) dwelling units.

(Ord. No. 2173, § 2, 3-2-2017)

The following uses shall be permitted in this zoning district:

(1)

Residential uses of all types, including non-commercial uses of recreational, cultural or religious nature and commercial uses directly supportive of and sized to serve the proposed residential uses.

(2)

Commercial uses of all types which are compatible with each other and the adjoining land uses and which are consistent with the comprehensive plan of current adoption.

(3)

Industrial uses of all types which are compatible with each other and the adjoining land uses and which are consistent with the comprehensive plan of current adoption.

(4)

Mixed uses, including combinations of residential, commercial and/or industrial uses which are compatible with each other and the adjoining land uses and which are consistent with the comprehensive plan of current adoption.

(Ord. No. 2173, § 3, 3-2-2017)

In authorizing a planned unit development, the planning commission, in its review and recommendation of the PUD and the city council in its review and approval of any PUD, may alter the yard, building setbacks, building height, building size, lot coverage, off-street parking and loading areas, open space, landscaping, signage and other regulations normally applicable to a zoning district, provided that in no event shall a use which is inconsistent with the comprehensive plan of current adoption, which would be incompatible with adjoining land uses or which would overburden public services or facilities, overload the street or utility systems serving the area be authorized or be detrimental to the public health, safety and welfare and further provided that the following shall be minimum standards unless it is determined by the planning commission and city council that a lesser standard, including a zero (0) side yard, is appropriate and will not be detrimental to public safety.

(a)

Minimum front yard: Twenty (20) feet from the right-of-way line of the street(s) abutting the lot.

(b)

Minimum side and rear yard: Five (5) feet.

(Ord. No. 2173, § 4, 3-2-2017)

Authorization of a planned unit development shall comply with the following:

(a)

Preliminary planned unit development.

(1)

The applicant shall submit eight (8) copies of a preliminary plan [plat] for any area proposed to be included in a planned unit development district together with payment of an application fee established for such applications. Such application shall be on forms provided by the city and shall include the following information:

a.

A site plan, drawn to a scale not smaller than one hundred (100) feet to one (1) inch, indicating the boundaries of the proposed development and the tentative arrangement of all lots, land uses and their general locations, buildings, streets, open spaces, parking and loading areas, landscaping and screening, sidewalks, common areas, recreation areas and other development elements which are integral to the proposed development. A preliminary PUD plan shall constitute and be the same as a preliminary plat as required under the subdivision regulations of the city.

b.

The number of dwelling units, commercial or industrial uses and the approximate square footage area of each type of use.

c.

The proposed plans for handling vehicular traffic, including service trucks and emergency vehicles, pedestrian access and circulation, surface drainage, water supply, fire hydrants and sanitary sewage.

d.

An indication of the types of protective covenants designed to protect the integrity and stability of the development together with an indication of how the on-going financial capability for maintenance and operation of common areas, private streets or other common use shall be provided.

e.

A tentative indication of the order or phasing of development.

(2)

Within fifteen (15) calendar days of submission of an application, the zoning administrator shall consult with the applicant regarding the completeness of the application and any modifications needed recommended to comply with the requirements of this PUD district. After such consultation, the applicant may make modifications to the proposed plan and submit revisions to the zoning administrator.

(3)

Upon receipt of a complete application, the zoning administrator shall cause the application to be filed with the planning commission for consideration as a zoning amendment subject to the procedures and public notice required for amendment of the official zoning map.

(4)

The planning commission, at public hearing, shall review the proposed development application and shall decide whether the proposed development is consistent with the comprehensive plan of current adoption and is compatible with adjoining land uses. The commission may require modifications of the plan or may attach any conditions to the plan that will assure consistency with the comprehensive plan of current adoption and to avoid or minimize conflicts with adjoining land uses or undue impacts on public services or facilities, overloading of streets or utility systems serving the area or to protect the public health, safety and welfare. The commission may recommend approval of the plan as submitted, approval with modifications or conditions or disapproval of the plan. Upon action by the commission, the commission shall forward its recommendation to the city council.

(5)

The city council, after public notice is given, shall conduct a public hearing to review the recommendations of the planning commission and shall decide whether the proposed development is consistent with the current comprehensive plan, is compatible with adjoining land uses and will not result in undue negative impacts on public services or facilities, overloading of streets or utility systems serving the area or the public health, safety and welfare. The commission may require modifications of the plan or may attach any conditions to the plan that will assure consistency with the comprehensive plan, to avoid or minimize conflicts with adjoining land uses and avoid undue negative impacts on public services or facilities, overloading of streets or utility systems serving the area or as it deems appropriate to serve the public health, safety and welfare. The city council shall act to approve such plan as submitted, approve such plan with amendments or conditions, or disapprove such plan. After approval of a preliminary PUD, the city council shall have continuing jurisdiction of all final PUD plans and shall not require further planning commission review and recommendation.

(6)

If development of an approved preliminary PUD is not commenced within two (2) years from the date of approval of said preliminary PUD, the council may declare such approval void and may initiate an amendment to the official zoning map of the city to return the zoning district which was applicable to the land in the PUD prior to the approval of the PUD.

(b)

Final planned unit development.

(1)

After city council approval of a preliminary PUD, the applicant shall submit eight (8) copies of a final PUD plan for each proposed phase of a planned unit development together with payment of an application fee established for such applications. Such application shall be on forms provided by the City and shall include the following information:

a.

Each phase of a final PUD shall indicate the locations and dimensions of all proposed lots, streets, street rights-of-way and all utility, drainage or other easements to be created as required for a final plat under the subdivision regulations of the city. Such final plat shall be accompanied with plans and specifications for all streets, water and sewer and other improvements necessary to serve the proposed development. Approval of a final PUD shall be the same as approval of a final plat. Planning Commission review of a final plat, as required in the subdivision regulations of the city, shall be waived and the final plat shall, in all instances, be recorded for public record in the office of the Registrar of Deeds of York County, Nebraska.

b.

For each lot proposed in a final PUD, a site plan indicating the locations, sizes, heights and building elevations of all buildings and uses, surface drainage, driveways, parking, loading and off-loading areas, sidewalks, all signage, landscaping, screening, site perimeter treatments and other site developments integral to the lots and uses proposed shall be provided on the final plat of each lot.

c.

If a PUD of commercial and/or industrial uses is to be located in an area which abuts an area of land used or zoned for residential purposes or is across a street from such areas, setbacks from such residential areas shall be increased and fences, landscape screens or buffers shall be required to minimize land use conflicts.

d.

In residential and mixed used PUDs where the mixed uses include residential uses a minimum of twenty (20) percent of the land area included in the PUD shall be set aside as common open spaces of sufficient sizes to allow for active and passive recreation by the residents of the PUD. Such common open spaces shall be maintained by the owners of real property within the PUD and a lot owner's association shall be established to provide for assessments of property within the PUD for such maintenance.

e.

In all residential and mixed used PUDs where the mixed uses include residential uses, sidewalks and/or a walking trail system shall be provided and be designed in such a manner as to allow reasonable access to such sidewalks and/or walking trails by each lot in the PUD.

(2)

Approval of each phase of a final PUD by the city council shall be conditioned upon a finding by the Council that the final PUD is consistent in all respects to the approved preliminary PUD and all conditions of such approval that may have been included in the approval of such preliminary PUD. If the Final PUD and related covenants, owner's association or site plans arc found to be inconsistent with the approved preliminary PUD, the application shall be returned to the applicant for modification for compliance with the approved preliminary PUD. In the event such inconsistencies are not effectively addressed in a revised final PUD, the council shall not approve such final PUD.

(3)

In any final PUD which contains open space, facilities or utilities to be owned and maintained in common by the owners of property within the PUD or which contains private streets, the city council shall require appropriate covenants and the creation of a lot owners' association to assure that assessments can be made against all lot owners for the perpetual maintenance of such open space, facilities, utilities and any private streets. Such covenants may include limitations on the following:

a.

Areas in which buildings and/or structures are not permitted.

b.

Setback lines and minimum building separation distances.

c.

Maximum height of buildings and structures.

d.

Sign locations, heights and sizes.

e.

Design standards.

f.

Limitations on accessory buildings and structures.

g.

Such other requirements or limitations as may be appropriate to a particular PUD development.

h.

Provisions empowering the property owners within the PUD to enforce all applicable covenants and provisions to allow the city to enforce all applicable covenants in the event of failure to do so by the property owners in the PUD.

i.

Provisions to ensure that any certificate of incorporation, declaration of covenants and restrictions, property owner association Bylaws, contracts, agreements and the legal description of the PUD shall be included in the deed or other instrument of conveyance on each lot or unit of property and shall be binding on all purchasers and lessees.

(4)

In approving any final PUD, the city council may attach any condition to assure that the final PUD is consistent with the approved preliminary PUD.

(5)

If development of an approved final PUD is not commenced within two (2) years from the date of approval of said final PUD, the council may declare such approval void and may initiate an amendment to the official zoning map of the city to return the zoning district which was applicable to the land in the PUD prior to the approval of the PUD.

(Ord. No. 2173, § 5, 3-2-2017)