The regulations set forth in this chapter, or elsewhere in this title, are the planned area overlay district regulations and are referred to as a "PAD."

(Ord. 02-12 (part); Zoning Ord. § 5-7-101)

A.

This district is intended to accommodate, encourage and promote innovatively designed developments involving residential and non-residential uses, which together form an attractive and harmonious unit of the community. The district may be designed as a large-scale separate entity, able to function as an individual community or neighborhood; as a small scale project which requires flexibility because of unique circumstances or design characteristics; or as a transitional area between dissimilar land uses (interface zone).

B.

This district recognizes that adherence to a rigid set of space, bulk and use specifications contained elsewhere in this code would preclude the application of the PAD concept. Therefore, where PAD zoning is deemed appropriate or necessary. The underlying district regulations of a zoning district are modified by the PAD.

(Ord. 02-12 (part); Zoning Ord. § 5-7-102)

The objectives of the PAD district are:

A.

To accommodate variations in building design, lot arrangements and land uses;

B.

To provide for a coordinated and compatibly arranged variety of land uses through innovative site planning;

C.

To provide a maximum choice in the types of environments for residential, commercial, industrial uses and facilities;

D.

To encourage an efficient and safe traffic circulation, including the separation of pedestrian from vehicular traffic;

E.

To encourage economy in the construction and maintenance of streets and utilities;

F.

To encourage the provision of useable open space;

G.

To maintain a reasonable quality of living standard and minimize adverse environmental impact on surrounding areas during development.

(Zoning Ord. § 5-7-103)

All uses permitted within the PAD district are set forth in the approved plan of development for the site.

A.

Residential uses may be any variety of types and styles. In the development of a balanced community, a variety of housing types within one project shall be deemed most in keeping with the objectives of this title.

B.

All other uses shall be determined by the compatibility of such uses with each other and with surrounding land uses.

(Ord. 02-12 (part); Zoning Ord. § 5-7-104)

Densities and intensity permitted in the PAD district shall be set forth in the approved plan of development for the site. (

(Ord. 02-12 (part); Zoning Ord. § 5-7-105)

No building or zoning permit shall be issued for any use in this district prior to approval of the final development plan as prescribed in this chapter.

(Zoning Ord. § 5-7-106)

A PAD development plan is required prior to issuance of a building permit. The approval of such plan shall be handled in the following way:

A.

In case of specific or small scale, single phase projects, the plan, as described in Section 17.48.080, shall be filed at any time prior to the issuance of a building permit. The zoning hearing officer and town council shall hold public hearings in accordance with the requirements of Chapter 17.80.

B.

In case of large, multi-phase areas, such approval may be given in stages. The initial submittal with the application may be a conceptual preliminary plan with sufficient description and documentation to identify nature, mix, general arrangement, density, open space and quality of the project. Such conceptual plan may be then approved conditionally, with the preliminary development plan to be submitted to the zoning hearing officer and town council in time and phases stipulated by town council at the time of rezoning.

(Ord. 02-12 (part); Zoning Ord. § 5-7-107)

(Ord. No. 10-14, § I(5.), 6-24-10)

Editor's note— Ord. No. 10-14, § I(5.), adopted June. 24, 2010, changed the Title of § 17.48.070 from "preliminary plan required" to "development plan required." See also the Code Comparative Table.

A.

A preliminary development plan shall contain the following information:

1.

An area map showing adjacent property owner location of all buildings and existing uses within three hundred (300) feet of the parcel;

2.

A legal description of the metes and bounds of the parcel;

3.

Drawings and descriptions clearly showing the following:

a.

The existing topographical features of the site,

b.

A statement of intended design philosophy and environmental quality. This statement may be in writing, graphic, photographic or a combination of these,

c.

Where portions of the site are subject to flooding, the map shall indicate extent and frequency; location of retention areas, calculations and maintenance responsibility,

d.

Where areas lie in aircraft approach and holding patterns, such areas shall be indicated,

e.

The location and nature of the various uses and their areas in acres,

f.

The proposed circulation system and traffic analysis including any improvements needed to accommodate additional traffic; indicating whether they are public or private,

g.

Delineation of the various land use areas indicating for each such area its general extent, size, total number of dwelling units and approximate percentage allocation by dwelling type, building arrangement, architectural style and exterior building materials and colors,

h.

The interior open space system,

i.

General statement as to how common open space is to be owned and maintained,

j.

A calculation of the residential density in dwelling units per gross acre including interior roadways,

k.

Perimeter treatment and relationship of the project to surrounding land uses,

l.

Principal ties to the community at large with respect to transportation, water supply and sewage disposal; indicating whether they are public or private,

m.

General description of the availability of other community facilities, such as schools, fire protection services and cultural facilities, if any, and how these facilities are affected by this proposal,

n.

Evidence of how the developer's proposed land use meets existing and projected community requirements,

o.

If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to be phased, the sketch plan shall show the intended total project,

p.

The hearing officer may waive any of the above required information when it is not applicable and require additional information when needed to adequately describe or clarify the project or its impact.

B.

Zoning hearing officer shall review the development plan and after a public hearing in compliance with Chapter 17.48.080, forward a recommendation to the town council for review.

C.

Town council shall hold a public hearing in compliance with Chapter 17.48.080, and review the development plan, together with commission and staff reports. Town council may approve the PAD and development plan only upon finding that:

1.

The application meets the intent, objectives, and general requirements for PAD districts;

2.

The application conforms to and is consistent with the general plan and codes and policies of the town.

D.

If town council approves the PAD zoning, the town zoning map shall be so changed by ordinance. The council may, as necessary, attach conditions to the PAD approval which may include but are not limited to the following:

1.

Use limitations;

2.

Landscaping;

3.

Screen planting;

4.

Setback and height of building;

5.

Paving, location of drives and parking areas;

6.

Storm drainage and storm water retention;

7.

Public and/or private open space;

8.

Shape and size of lots;

9.

Grouping and uses of buildings;

10.

Maintenance of grounds;

11.

Regulation of signs;

12.

Fences and walls;

13.

Adequacy of vehicular and pedestrian circulation and access;

14.

Timing and phasing;

15.

Any other reasonable consideration council finds germane to project quality neighborhood and interest of the town.

(Ord. 02-12 (part); Zoning Ord. § 5-7-108)

(Ord. No. 10-14, § I(5.), 6-24-10)

Editor's note— Ord. No. 10-14, § I(5.), adopted June. 24, 2010, changed the title of § 17.48.070 from "description of preliminary development plan" to "description of development plan." See also the Code Comparative Table.

A.

It is the intent of this section that subdivision review be carried out simultaneously as an integral part of the PAD review. The plans required under this section must be submitted in a form which substantially satisfies the requirements of the subdivision regulations for final plan approval under the town subdivision regulations and the plan shall be recorded in the same manner as a final plat.

B.

The applicant shall submit eight copies of the final development plan to the town. The plan shall contain the following information:

1.

All information required on the preliminary development plan;

2.

Complete site plans showing location and type of all improvement;

3.

Plans and elevations of all building types, building materials and colors;

4.

Schematic grading plans including proposed treatment of sloped and retention areas;

5.

The number of dwelling units by type;

6.

All applicable standards of design and construction required by all pertinent town codes and policies;

7.

Phases and timing of development in numerical order, if applicable;

8.

Any other requirements of this code;

9.

An agreement to maintain the property free and clear of weeds, uncontrolled vegetation and trash, litter and debris by twice annually clearing all undeveloped space until project completion. Semi-annual weed/debris removal shall be done in May and October;

10.

An agreement to post all phased projects with signs prohibiting dumping of waste, scrap or fill material of any type and to berm and trench the entire periphery of all undeveloped space not in an active phase of development.

C.

The final development plan must be in substantial conformance with the approved preliminary development plan. Any deviations from the approved preliminary plan that would alter the nature of the project will require approval by the planning and zoning commission and the town council.

D.

The final development plan shall be accompanied by a statement of how the deviations from other provisions of the zoning code, as requested or approved in the preliminary development plan, have been achieved in the final development plan.

(Zoning Ord. § 5-7-109)