A planned unit development shall require approval of a conditional use permit according to Chapter 196 (Conditional Use Permits) of this title. The planned unit development conditional use permit shall apply to all specified zoning districts. The city may approve the planned unit development only if it finds that the development satisfies all of the following standards:
   (A)   Ownership.  An application for a planned unit development, which is developed as a tract under single or unified ownership or control and which generally includes 2 or more principal buildings or uses but which may consist of 1 building containing a combination of principal and supportive uses, must be filed by the landowner or jointly by all landowners of the property included in the planned unit development. In the case of unified ownership or control, the approval of the planned unit development shall be binding on all owners. The financial commitments incurred through any portion of the planned unit development shall be the responsibility of all owners.
   (B)   Permitted uses.  All permitted, permitted accessory, or conditional uses contained in the underlying zoning district shall be treated as permitted, permitted accessory, and conditional uses within planned unit development. Mixed use planned unit developments are permitted provided they meet the intent and purpose for which a planned unit development is permitted. Uses not otherwise allowed in the zoning district are prohibited within a planned development unless specific provisions are made and listed in the development plan or modified in the conditions of approval.
   (C)   The planned unit development is consistent with the Comprehensive Plan of the city.
   (D)   The planned unit development is an effective and unified treatment of the development possibilities on the project site and the development plan provides for the preservation or creation of unique amenities such as natural streams, stream banks, wooded cover, rough terrain, manmade landforms or landscaping, and similar areas.
   (E)   The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.
   (F)   The tract is at least 5 acres in size unless the applicant can show that a planned unit development of less acreage meets the standards and purposes of the comprehensive plan and preserves the health, safety, and welfare of the citizens of the city and that all of the following conditions exist:
      (1)   The proposal better adapts itself to the physical and aesthetic setting of the site and with the surrounding land uses than could be developed using strict standards and land uses allowed within the underlying zoning district;
      (2)   The proposal would benefit the area surrounding the project to greater degree than development allowed within the underlying zoning district(s);
      (3)   The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable higher quality of development than would otherwise occur in the underlying zoning district; and
      (4)   The proposal would ensure the concentration of open space into more workable or usable areas and would preserve the natural resources of the site than would otherwise occur in the underlying zoning district.
(Ord. 2011-06-07A, passed 6-7-2011)