(A) (1) No planned unit development shall have an area less than that approved by the Planning Commission as adequate for the proposed development. No minimum area is specified.
(2) However, planned unit developments of any size may be allowed only upon a finding of fact by the Planning Commission that the plan complies with the intent of the General Plan, and incorporates excellence of neighborhood, housing or area design, that will compensate for the effects upon the neighborhood of deviations from district regulations.
(B) 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.
(C) 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) 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:
(1) Density of land use intensity shall in no case be more than 25% higher than allowed in the zoning district, except not more than 10% higher in residential districts;
(2) Where feasible, least height and intensity of buildings and uses shall be arranged around the boundaries of the development; and
(3) Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan.
(E) Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by:
(1) Dedication of the land as a public park or parkway system;
(2) Granting to the local jurisdiction a permanent, open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and by-laws which are satisfactory to the governing body; or
(3) Complying with the provisions of the Condominium Ownership Act of 1963, being U.C.A. Title 57, Chapter 8, or its successor statute, as per Utah Code, which provides for the payment of common expenses for the up keep of the common areas and facilities.
(F) Landscaping, fencing and screening related to the several 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.
(G) The size, location, design and nature of signs, if any, and the intensity and direction of area or flood-lighting shall be detailed in the application.
(H) A grading and drainage plan shall be submitted to the Planning Commission with the application.
(I) A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed.
(J) 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 neighborhood and the community.
(K) It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the planned unit development.
(Prior Code, § 29.25.040) (Ord. 98-11, passed 3-19-1998)