Whenever there is a conflict or difference between the provisions of this section and those of the other sections of this chapter, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this chapter. A planned unit development shall conform to the following.
(A) 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 as per § 155.083.
(B) All uses that may be allowed within the land use district may be permitted within a PUD.
(C) 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, as provided below.
(1) The uses permitted by the exceptions are necessary or desirable and are appropriate with respect to the primary purpose of residential development.
(2) 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) The uses are intended to serve principally the residents of the PUD.
(4) The uses are planned as an integral part of the PUD.
(5) 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.
(D) A minimum parcel area of ten acres is required for PUD.
(E) There shall be at 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.
(F) 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. In the event that an organization established to own or maintain common open space, or any successor organization, shall at any time after establishment of the PUD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the city shall take remedial actions to cause the common open space to be properly maintained, the cost of which shall be borne by the residents of the PUD.
(G) 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.
(H) The design and designation of private streets shall be subject to the approval of the Plan Commission.
(I) 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.
(J) 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 requirements of the Plan Commission.
(K) The plan of the project may provide for the integral and harmonious design of buildings in commercial and industrial areas, and the parcels shall be developed in park-like 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.
(L) No building is permitted to exceed the height limit of the district in which it is located by more than 10%.
(M) All previously noted parking standards shall remain in effect for all PUDs.
(N) Nonresidential areas must be developed in equal ratio to residential areas. This is required to avoid the total development of residences without the accompanying services.
(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999