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No motor vehicle service station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose, other than filling caps, is located within ten feet of any street lot line or within 25 feet of any R District, except where such appliance or pit is within an enclosed building.
(Ord., passed - -79) Penalty, see § 152.999
PLANNED UNIT DEVELOPMENT (PUD)
It shall be the policy of the city to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:
(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 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 facilities, and community facilities objectives of the comprehensive plan.
(Ord., passed - -79)
(A) Whenever there is a conflict or difference between the provisions of this subchapter and those of the other subchapters of this chapter, the provisions of this subchapter shall prevail. Subjects not covered by this subchapter shall be governed by the respective provisions found elsewhere in this chapter.
(B) A planned unit development shall conform to the following: The number of dwelling units erected shall not exceed the number permitted by the regulations of the district in which it is located unless a density increase is permitted.
(C) All uses that may be allowed within the land use district may be permitted within a PUD.
(D) Up to 10% of the gross land area in a residential district may be directed to commercial, industrial, public and quasi-public uses that are not allowed within the land use district, provided there is a favorable finding by the Plan Commission:
(1) That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of residential development.
(2) That the uses are not of such nature or so located as to exercise a detrimental influence on the development nor on the surrounding neighborhood.
(3) That the uses are intended to serve principally the residents of the PUD.
(4) That the uses are planned as an integral part of the PUD.
(5) That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating traffic congestion or hazard.
(E) A minimum parcel area of five acres is required for PUD.
(F) There shall be a least 10% of the land area in the development provided for park and recreational purposes which shall not be covered by buildings, parking lots, driveways or streets. No more than 50% of this usable open space shall be covered by water.
(G) If any open space or recreational facility is to be used solely by the residents of the project, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated.
(H) All utilities, including communication and electric systems, shall be placed underground within the limits of the development. Appurtenances to these systems which can be effectively screened may be excepted.
(I) The design and designation of private streets shall be subject to the approval of the Plan Commission.
(J) There shall be established a homeowners' association and its by-laws and other similar deed restricts, which provide for the control and maintenance of all common areas, recreation facilities or open space shall meet with the approval of the Plan Commission.
(K) The development plan shall include a common water supply and distribution system, either public or private, which shall meet the approval of the Plan Commission and shall be built at no expense to the local government.
(L) The development plan shall include a sanitary sewer system connected to a public sewer system, if available within a reasonable distance from the project, or it shall provide for a central collection and treatment system in accordance with the requirement of the Plan Commission.
(M) The plan of the project shall provide for the integrated and harmonious design of buildings in commercial and industrial areas and the parcels shall be developed in parklike surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and other such features from the adjoining and surrounding residential areas. A minimum parcel of five acres is required for such uses.
(Ord., passed - -79) Penalty, see § 152.999
To provide an incentive for quality PUD, the Plan Commission may authorize an increased residential density of up to 20% of the allowable number of dwelling units. In allowing for density increase the Commission shall be guided by the following criteria:
(A) Usable open space provided equals or exceeds 20% - a maximum increase of 5%.
(B) Dedication or donation of sites for public purposes such as schools, parks and public buildings - a maximum increase of 5%. In the event that the dedicated area equals or exceeds 25% of the total development area or 30 acres, the full five percentage points shall be allowed.
(C) Landscape planting and screening and site planning - a maximum increase of 4%.
(D) Traffic and parking facilities' design - a maximum increase of 3%.
(E) Community facilities and amenities (trails, pools, tennis courts, club houses, lakes, plazas, fountains, etc.) - a maximum increase of 3%.
(Ord., passed - -79)
SEXUALLY ORIENTED BUSINESSES
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