(A) The PUD overlay zone is intended for those land uses that will, by their nature, have a greater impact on the environment and will affect larger areas of the city. This classification is intended to provide an alternative to the conventional approach to land use regulations by permitting flexibility and innovation in design, placement of buildings, use of open spaces and off-street parking areas and to encourage a more creative approach to the utilization of the land.
(B) (1) PUD classifications. Types of PUD classifications:
(a) Type 1. When an applicant, for whatever reason, wishes to deviate from the standard regulations or when an applicant proposes to use different land use classifications within the same site, such as a variety of residential housing types and some retail or commercial; and
(b) Type 2. When a commercial or industrial land use is proposed that will have the potential to create negative impacts on the environment, infrastructure or adjacent and nearby properties. Such uses include:
1. Performance District:
a. Adult entertainment; provided that such uses must be located a minimum of 1,000 feet from a property line of a school, church, public park or recreational facility, residential zoning district or residential use:
i. Adult entertainment;
ii. Agricultural processes;
iii. Airports and heliports;
iv. Automobile garages; and
v. PUD, Type 2 uses.
b. Truck repair sales and service (trucks with three axles and more);
c. Battery storage and recycling facilities;
d. Borrow pits, batching plants, asphalt mix;
e. Cemeteries;
f. Crematoriums;
g. Commercial towers;
h. Convention and exhibit halls;
i. Dairies and related occupations;
j. Drilling of oil, gas wells or other shaft mining;
k. Energy generation facilities;
l. Explosive materials, manufacturing or storage;
m. Fat rendering plants;
n. Feedlots;
o. Fertilizer plant manufacturing;
p. Foundries;
q. Ground transportation terminals;
r. Hazardous materials or hazardous waste facilities, including, but not limited to, storage, manufacturing or repackaging of hazardous waste or materials;
s. Hospitals;
t. Industrial, light and heavy uses;
u. Junk yards and dismantling;
v. Landfills;
w. Manufacturing;
x. Petroleum refineries and storage;
y. Poultry raising, slaughtering and processing (commercial);
z. Prisons;
aa. Rock quarries and mineral extraction;
bb. Smelters;
cc. Stadiums;
dd. Storage of bulk materials such as asphalt, brick, cement, gasoline, grease, oil, paint, plaster and roofing;
ee. Stockyards or slaughterhouses;
ff. Stone milling or processing;
gg. Swine production;
hh. Toxic chemical storage, transfer and manufacturing;
ii. Waste incinerators, including medical waste incinerators;
jj. Water treatment plants and sewer treatment plants; and
kk. Similar uses may be included based on interpretation by the Zoning Administrator.
2. Community District zone:
a. All uses listed for Performance District PUD, Type 2, except agricultural processing, borrow pits, batching plants and asphaltic mix plants; and
b. Land uses listed under PUD, Type 2, are permitted only upon approval of the PUD by the Planning and Zoning Commission. Other land uses may be included in a PUD if the applicant includes them in the PUD site plan.
(2) Procedures, requirements and standards. An applicant for a PUD shall meet the same procedures, requirements and standards as a zone change; however, the P&Z will make a final determination unless its decision is appealed to the city’s governing body, and the final decision shall be made in the form of an order and recorded in the office of the City Clerk.
(a) Land. The tract of land is under unified ownership or control and shall be planned as a whole. If the tract is to be developed in phases, a phasing schedule shall be provided and each phase shall be reviewed on its own merits.
(b) Comprehensive plan. The PUD shall be in harmony with the city’s comprehensive plan goals and policies.
(c) Lot size. A Type 1 PUD, proposed residential PUD or a residential PUD mixed with commercial and/or industrial uses shall consist of an area that is not less than five acres.
(d) Density, for residential uses in a Type 1 PUD. Where a variety of housing types may be provided, the total number of dwelling units allowed shall be determined by either the density standard of the original zoning district classification of the area that is now proposed for the planned unit development or the density standard as recommended by the city’s land use section of the comprehensive plan. The planned unit development may exceed these maximum density standards by 10% if it can be demonstrated by the applicant that such an excess will not adversely affect public infrastructure such as roads, water, sewer or drainage facilities.
(e) Setback regulations. Building setbacks from all property lines that form the perimeter of the total area devoted to the planned unit development shall result in a development that will blend well with adjacent developments by matching the setback requirements or buffer, as set forth elsewhere in this chapter, of the original zoning district classification of the area that is now proposed for the planned unit development; or the setback requirements applicable to the adjacent zoning districts, whichever is greater.
(f) Height regulations. Heights of buildings and structures shall result in a development that will blend well with adjacent developments by matching the height requirements, as set forth elsewhere in this chapter, of the original zoning district classification of the area that is now proposed for the planned unit development; or the height requirements applicable to the adjacent zoning districts. Height standards for antenna and communication towers or electric transmission lines shall meet standards set in division (B)(2)(k) below.
(g) Open space. Common open space, varying in amount and location, shall be provided to offset any substantial increase in dwelling unit density or building height or any substantial decrease in building setback distances within the site.
(h) Streets, utilities, services and public facilities. Because of the uniqueness of each PUD proposal, the specifications and standards for streets, utilities, services and public facilities may be different from those normally required in this chapter and other ordinances if it can be demonstrated by the applicant that such modification of specifications and standards will not adversely affect the interests of the general public. In addition, the PUD proposal shall illustrate how the streets, utilities, services, public facilities and traffic circulation will function and serve the entire development. All proposals shall meet the applicable development standards in §§ 150.055 through 150.065 unless otherwise justified by engineering analysis.
(i) Off-street parking. The PUD and the land use therein shall provide the necessary amount of off-street parking areas and shall illustrate how such areas will adequately serve the entire development.
(j) Access. Adequate vehicular and pedestrian access must be provided. A traffic impact analysis will be required to project auto and truck traffic generated by the uses proposed. Improvements to adjacent streets may be required, such as acceleration and/or deceleration lanes, widening of intersections, signs and prorata costs of traffic signals. The capacity of adjacent streets to accept the projected increase in traffic must be stated as part of the traffic impact analysis.
(k) Towers and antennas.
1. Commercial freestanding or guyed towers. A tower is commercial in nature unless its use is exclusively incidental to another primary legal use existing on the property. A bond to ensure the removal of the tower upon abandonment of use shall be required for all commercial towers. Any public hearing required under this section shall be in conformity with § 150.025.
a. Application procedures. A site plan, and structural design plans prepared by a licensed engineer, shall be submitted for any proposed commercial tower or antenna structure. Any commercial tower and antenna with a combined height of 300 feet or more shall require a public hearing to determine whether the proposed height is appropriate for the proposed location.
b. Location. Commercial towers up to a height of 300 feet shall be allowed by right on a parcel zoned or approved for industrial use (not to include a legal non-conforming use), and in areas where all properties within the applicable area of notice contain or are zoned or approved for commercial and industrial uses, are vacant or contain only agricultural uses unless residential zoning has been applied to one or more properties (such as through Community District or Village District zoning). Commercial towers shall not be allowed where all existing zoning or uses within the area of notice, including the property at issue, are residential. Properties included within a residential subdivision for which a completed application package is pending, or for which a final plat has been approved within two years prior to the application for a commercial tower or antenna use, shall be considered existing residential uses. If the area of notice is an area of mixed residential and non-residential uses, a public hearing shall be held to determine whether the proposed location is appropriate for the height proposed for the tower and antenna structure.
c. Setbacks and buffering. Towers and antennas shall be considered a high-intensity non-residential use for determining the appropriate setback and buffering requirements (see § 150.083); however, a tower or antenna next to another high-intensity non-residential use shall only be required to meet minimum setbacks and to provide secured opaque fencing of at least eight feet in height around the base of the tower, including any guy wires. Where a public hearing is required to determine whether the proposed tower is appropriate for the proposed location, setbacks and buffering may be increased to further diminish the negative impacts of the structure on the surrounding area.
d. Co-location. Co-location of multiple antennas on a single tower structure shall be encouraged, consistent with the following guidelines. A plan to add an additional antenna to a previously approved tower shall be prepared by a licensed engineer. An additional antenna shall not increase the width of the tower beyond the approved design for a monopole structure, or beyond the base width of the original tower structure, and shall not increase the overall tower height of a site located in a mixed use area more than 20 feet.
2. Commercial antennas mounted to existing structures. Commercial antennas may be mounted on or attached to any existing non-residential structure. A copy of the written document granting permission from the owner of the structure must be submitted with the site plan for review before a building permit may be issued. Any additional superstructure that will be added to accommodate any and all antenna arrays must meet Uniform Building Code requirements.
3. Personal (private) freestanding or guyed towers. One personal tower with antennas (to be used exclusively for purposes incidental to an existing legal use of the property) shall be allowed by right on each parcel if the following conditions are met.
a. Height. For use on a residential structure for residential purposes, the total height shall be limited to 75 feet from the ground; and for use on a non-residential structure for non-residential purposes, the total height shall be limited to 90 feet from the ground.
b. Design. The Zoning Administrator, prior to new construction or modification of a tower or antenna structure, must approve an informal site plan. All engineering data for the tower shall be submitted if requested. All structures shall be constructed to meet the Uniform Building Code, and shall be designed and constructed to withstand a minimum of 80 mph wind loads.
c. Setbacks. The structure shall meet the applicable setbacks from the property lines, or a minimum setback of ten feet, whichever is greater, and shall be located behind the front line of the foremost dwelling unit located on the parcel.
4. Private antennas mounted to existing structures. Private antennas may be mounted to existing buildings which meet the Uniform Building Code standards; provided that the total height of any tower and antenna structure does not exceed 75 feet from ground level for residential use, and 90 feet from ground level for non-residential use, and the tower and antenna structure meets all applicable setbacks from the property line.
(l) Other information. Any other information that the Community Development Department deems necessary to properly assess the request for the PUD district.
(3) Requirements prior to construction.
(a) A detailed site development plan shall be submitted either concurrently with the requirements necessary when applying for a PUD district, as set forth hereinabove, or separately or in phases, prior to the actual construction of the development. The detailed site development plan submittal shall meet and follow the same procedures, requirements and standards as that of a zone change request.
(b) The required development plan shall be substantially the same as that submitted for the initial PUD classification request. In addition to the information previously submitted, the development plan shall include specific details, such as, but not limited to, type and placement of buildings and structures, internal building setbacks and separation of structure distances; building and structure heights; location, number and operation of off-street parking spaces; street construction, performance and maintenance standards and operations; traffic circulation patterns; pavement and right-of-way widths; utility and facility types, location and service; easement types, location and service; size and location of open space areas; dwelling unit densities; and any other information that the Community Development Department deems necessary to properly assess the request.
(4) Decisions and conditions.
(a) Approval. The PUD zone request shall be approved after a public hearing has been held where additional conditions may be imposed to ensure the public interest; and where the site development plan, submitted in accordance with the procedures, requirements and standards set forth herein, has been presented to prescribe the general and/or specific uses, placement of buildings and structures, amount and locations and performances, off-street parking areas and other previously described items essential to the development’s operation and performance.
(b) Building permit. A building permit shall be issued only if the building or structure for which the permit is to be issued is in conformance with the approved development plan and only if all site and facility improvements are in place adjacent to and in front of the location of the building or structure.
(c) Term. An approved detailed site development plan shall remain in effect for three years. If no construction has taken place within the area of the site plan within three years, the owner/applicant shall resubmit the site plan, or a revised site plan for public hearings by the Planning and Zoning Commission, for review and approval.
(5) Major and minor revisions to PUD site plans.
(a) Minor revisions.
1. A minor revision to a site plan includes rearrangement of buildings, walks or parking and landscaped areas that do not affect the access points, internal or external traffic circulation; does not increase the number of parking spaces required; does not increase the number or size of buildings; does not affect the drainage and grading plans. The Zoning Administrator may approve a minor revision of a site plan after review by the Building Inspection and Engineering Departments.
2. The approved revision to a site plan shall be filed with the original site plan case file, and copies shall be provided to Building Inspection, Engineering and other appropriate state agencies.
(b) Major revisions.
1. A major revision is any change in land use or building use from the approved site plan and/or zone change request; any increase in the number of buildings or number of parking spaces required; any change in access points; internal or external circulation; any increase in the amount of storm water drainage retention required; any change in grading that would affect drainage capacity or adjacent properties.
2. The Zoning Administrator shall submit copies of the major revision to all affected agencies and to the Planning and Zoning Commission for review and approval. Public notice and public hearing procedures required for zone change shall apply to hearings for major revisions to a site plan. The approved revised site plan shall be placed in the PUD/site plan case file, and copies shall be distributed to all affected agencies.
(Ord. 2010-018, passed - -) Penalty, see § 150.999