§ 152.051 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.
   (A)   Intent. The intent of the PUD district is to:
      (1)   Encourage developments offering greater creativity, alternative development styles, and flexibility in site plan design than is provided under the strict application of zoning regulations, while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City of Byron. The PUD district may allow deviations, under appropriate circumstances, to underlying ordinance provisions if it is proven that public benefits are provided to mitigate any deviations.
      (2)   Allow for and facilitate the potential mixture of uses in an integrated and well-planned area when such mixing of land uses could not otherwise be accomplished under this Code.
      (3)   Ensure concentration of open space into more usable areas, and to protect and preserve the natural features and resources of a site.
      (4)   Facilitate the efficient provision of streets and public utilities.
   (B)   Overall density.
      (1)   Within a PUD, overall density for residential developments shall be consistent with the Comprehensive Plan.
      (2)   Individual buildings or lots within a PUD may exceed those standards, provided that density for the entire PUD does not exceed the permitted standards.
   (C)   Permitted uses.
      (1)   Uses permitted in a PUD shall include those uses considered to be in conformance with the general land use shown for the area on the Byron Comprehensive Plan. The city may permit up to 25% of the gross floor area of all buildings in a PUD to be used for land uses for which the site is not designated in the Comprehensive Plan if the City Council finds that such use is in the best interests of the city and is consistent with the requirements of this section.
      (2)   A PUD may not contain uses which, according to the city’s underlying districts, are not allowed anywhere in the city.
      (3)   Uses permitted in a PUD may consist of one or a mixture of land uses clearly designated by type on the approved final development plan. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with planned and existing uses surrounding the planned unit development. Any change in the list of uses presented in the development stage PUD plan will be considered an amendment to the PUD and shall follow the procedures specified in § 152.106.
   (D)   District standards. The district standards shall be as follows:
      (1)   Minimum PUD area. Ten acres of contiguous land in single ownership or control. A land use of less than ten acres may qualify if one or more of the following conditions exist:
         (a)   The PUD is to include two or more principal land uses;
         (b)   Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features;
         (c)   The land is adjacent to or across the street from property which has been developed as a PUD and is to be developed in relationship to such prior development;
         (d)   The land is located in the city’s historic downtown;
         (e)   The land is an existing developed site which is proposed for redevelopment; or
         (f)   The PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses.
      (2)   Determining standards. Standards such as lot size, coverage, setbacks, building height, parking, and screening shall be governed by the standards of the zoning district most similar in function to the proposed PUD use(s), as determined by the Planning Commission and City Council. Deviation from those standards may be permitted only if such deviation is consistent with the total design of the development, encourages a desirable living environment, and is not detrimental to the welfare of the city.
         (a)   More than one principal building may be constructed on each platted lot within a PUD as long as the buildings are separated by at least 15 feet.
      (3)   Access.
         (a)   All land uses shall abut on a public street or have adequate access to a public street by means of a private street or drive. All streets and drives must tie in effectively with the city's existing street system and with those arterial and collector streets proposed in the Byron Comprehensive Plan.
         (b)   All sidewalks and trails within the PUD shall be public.
      (4)   Architectural style. The architectural style of individual structures shall be compatible with other structures in the PUD, with the overall site design, and with surrounding land uses.
      (5)   Open space.
         (a)   Open space shall include all areas of the development with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites.
         (b)   Usable open space shall be required for each PUD.
            (i)   Usable open space shall be of a size, shape, and location suitable for its intended purpose.
            (ii)   PUDs with residential uses shall provide at least 10% of the development as usable open space.
            (iii)   PUDs with non-residential uses shall provide central area(s) or feature(s) such as a patio with seating, pedestrian plaza with benches, water feature(s), and/or other designated areas or focal points as approved through the PUD approval process that are openly accessible to the public. The size of this area shall be no smaller than 5% of the total PUD area. The central area(s) or feature(s) shall be designed with materials compatible with the building and remainder of the site and shall be maintained over the life of the development.
            (iv)   For PUDs with a mix of residential and non-residential uses, subsection (ii) shall apply to the residential portion of the PUD while subsection (iii) shall be used to calculate the appropriate amount of open space for the non-residential portion.
         (c)   Whenever possible, open space shall be linked to the open space areas of surrounding developments.
         (d)   Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long term preservation and maintenance of open space for its intended use as specified in the Final Development Plan.
      (6)   Homeowners association. Membership in a homeowner’s association or similar organization approved by the city shall be mandatory for all residents of the planned unit development. The homeowner’s association shall own and maintain all common open space and private interior roadways.
(Ord. 2023-02, passed 5-9-23)