ARTICLE 1321
Planned Unit Development District
1321.01   General description.
1321.02   Conditions.
1321.03   Planning Commission determination. (Repealed)
1321.04   Required contribution.
1321.05   Planning Commission action. (Repealed)
1321.06   Establishment.
1321.07   Procedures to create planned unit development.
1321.99   Penalty.
 
CROSS REFERENCES
Small development plan - see P. & Z. 1305.03
Platting standards - see P. & Z. 1339.11
 
 
1321.01 GENERAL.
   Planned unit developments shall be allowed by planning commission approval in any zoning district. No such planned unit development permit shall be granted unless such development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this code. Compliance with the regulations of this code in no way excuses the developer from the applicable requirements of a subdivision ordinance, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.
   These regulations are to encourage and provide means for effecting desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic district regulations, and to accomplish a well balanced, aesthetically satisfying city and economically desirable development of building sites within a PUD-Planned Unit Development. These regulations are established to permit latitude in the development of the building site if such development is found to be in accordance with the purpose, spirit and intent of this ordinance and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, and to encourage and facilitate preservation of open lands.
1321.02 CONDITIONS.
   (a)   No planned unit development shall have an area less than 5 acres.
   (b)   Uses. A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a planned unit development which allows residential uses and shall be governed by density, design and other requirements of the planned unit development permit.
   Where a site is situated in more than one use district, the permitted uses applicable to such property in one district may be extended into the adjacent use district.
   (c)   Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
   (d)   Design. The Planning Commission shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent properties will not be adversely affected.
   (e)   Density. Density of land use shall in no case be more than 15 percent higher than allowed in the zoning district.
   (f)   Arrangement. Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.
   (g)   Specific regulations. Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan. All front yard and rear yard setbacks must be consistent for the zone located. Flexibility may be granted in side yard setbacks.
   (h)   Open Spaces. Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by either:
      (1)   Dedication of the land as a public park of parkway system, or
      (2)   Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws which are satisfactory to the legislative body.
   (i)   Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the development.
   (j)   Desirability. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well being of the surrounding area.
(Ord. 6-00. Passed 8-14-00.)
1321.03 PLANNING COMMISSION DETERMINATION
   (EDITOR’S NOTE: Former Section 1321.03  was repealed by Ordinance 6-00, passed August 14, 2000.)
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