(A)   Permitted uses. Any use permitted by right or special use approval in any zoning district may be permitted within a PUD, subject to the provisions of § 153.271 of this chapter and the requirements of this section.
   (B)   Minimum lot size and zoning requirements. Lot area and width, setbacks, height, lot coverage, minimum floor area, parking, landscaping, lighting and other requirements for the district applicable to the proposed use, as provided in Table 153.272, shall be applicable for all such uses within a PUD unless modified in accordance with division (C) below. In the case of a mix of uses, the zoning requirements applicable to each use category shall apply to that use.
Table 153.272: Minimum Zoning Requirements
Land Use
Applicable Zoning District
Table 153.272: Minimum Zoning Requirements
Land Use
Applicable Zoning District
Retail, office, service business
R1, R2
   (C)   Modification of minimum requirements. District regulations applicable to a land use in the PUD may be altered from the requirements specified in Table § 153.272, including, but not limited to, modification from the lot area and width, building setbacks, height, lot coverage, signs and parking. The applicant for a PUD shall identify in writing all intended deviations from the zoning requirements. Modifications may be approved by the Planning Commission during the preliminary development plan review stage.  These adjustments may be permitted only if they will result in a higher quality and more sustainable development consistent with the purposes of PUD expressed in § 153.270. The modifications shall also satisfy at least four of the following criteria:
      (1)   Preserve the best natural features of the site;
      (2)   Create, improve or maintain open space for the residents, employees and visitors beyond the minimum required by division (E) below;
      (3)   Commit that at least 10% of all dwelling units in the PUD will be affordable units;
      (4)   Provide a mix of residential types such as single-family, townhouse and/or multiple-family;
      (5)   Employ practices in site layout, building construction and materials that will result in a measurable reduction in energy consumption;
      (6)   Introduce new development concepts, such as cohousing:
      (7)   Include a mix of residential and non-residential uses; and
      (8)   Incorporate pathways for pedestrians and bicycles within the PUD and connectivity to adjacent uses.
   (D)   Density bonus. In addition to the modification of minimum requirements permitted in division (C) above, the Planning Commission may permit an increase in the total number of residential units allowed within a PUD where it is demonstrated that at least three of the following amenities will be included in the development:
      (1)   More than 20% of the total units within the PUD will be committed as affordable units;
      (2)   Forty percent or more of the PUD site will be dedicated as open space;
      (3)   Low impact development design principles will be employed to minimize storm water runoff;
      (4)   The proposed development will be an infill or redevelopment project; and/or
      (5)   The project clearly contributes, in a meaningful way, to the furtherance of the city’s vision, goals and smart growth principles as stated in the Master Plan.
   (E)   Open space. At least 25% of the area of a PUD site shall be preserved as open space, in accordance with the following requirements. For purposes of this requirement, “green roofs” shall be counted as open space.
      (1)   Areas not considered open space. The following land areas shall not be counted as required open space for the purposes of this section:
         (a)   The area within any public street right-of-way or private street easement;
         (b)   Any easement for overhead utility lines, unless adjacent to qualified open space;
         (c)   Fifty percent of any flood plain, wetland, water body or steep slope (15% or greater) area and 50% of the area of any golf course;
         (d)   The area within a platted lot or site condominium unit, unless the lot has been dedicated to open space via conservation easement or other means of ensuring that the lot is permanent open space; and
         (e)   Parking and loading areas.
      (2)   Specifications for required open space. Required open space areas shall meet the following specifications:
         (a)   Shall be for use by all residents, employees and visitors of the PUD, subject to reasonable rules and regulations. In the case of a golf course, stable or similar facility, membership shall be available to all residents of the PUD, subject to charges, fees or assessments for use;
         (b)   If the site contains a river, stream or other body of water, the city may require that a portion of the required open space abuts the body of water;
         (c)   Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public street rights-of-way;
         (d)   Protects the roadside character by establishing buffer zones along scenic corridors and improves public safety and vehicular carrying capacity by avoiding development that fronts directly onto existing roadways;
         (e)   Shall be configured so the open space is reasonably usable by residents of the PUD;
         (f)   Shall be of sufficient size and dimension and located, configured or designed in such a way as to achieve the applicable purposes of this chapter and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it;
         (g)   To the extent practical, open space areas shall be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths;
         (h)   Pedestrian access points to the required open space areas from the interior of the PUD shall be provided and clearly identified by signs or a visible improved path for safe and convenient access;
         (i)   Grading shall be minimal, with the intent to preserve existing topography and landscaping where practical; and
         (j)   May contain ball fields, tennis courts, swimming pools and related buildings, community buildings, golf courses and similar recreational facilities. However, no more than 50% of the required open space may contain any of these uses.
(Prior Code, § 5.142)  (Ord. 794, passed 9-17-2018)