The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the planned unit development (PUD) district regulations. The "planned unit development" is a concept as defined in section 3-2-2 of this chapter. A planned unit development may consist of attached or detached single-family units, townhouses, chapter units, condominiums, garden apartments or any combination thereof.
A. Purpose And Objective: The purpose is to establish procedures and standards for planned unit developments within the corporate limits of the city in order that the following objectives may be attained:
1. Accumulation of large areas of usable open space for recreation and preservation of natural amenities.
2. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features.
3. Creation of a variety of housing types and compatible neighborhood arrangements that give the homebuyer greater choice in selecting types of environment and living units.
4. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the city.
5. Efficient use of land which may result in reduction in development costs of street and utility systems.
6. Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the planned unit development.
7. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the city of proposed land use, site consideration, lot and setback considerations, public needs and requirements, and health and safety factors.
B. Use Regulations: Uses permitted in the planned unit development may include, and shall be limited to, the following; provided, that the uses permitted in this district shall be subject to the issuance of a conditional use permit after review by the planning commission and approval by the city council:
1. Public dedication to the city of the common open space. This method is subject to formal acceptance by the city.
2. Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space.
3. Retention of ownership, control and maintenance of all common open space by the developer.
4. All privately owned common open space shall continue to conform to its intended use and remain as expressed in the site plan through the inclusion of all deeds or appropriate restrictions to ensure that the common open space is permanently preserved according to the site plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.
5. All common open space as well as public and recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
6. If the developer elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the following requirements:
a. The developer must establish the association or nonprofit corporation prior to the sale of any lots.
b. Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development and said association or corporation shall not discriminate in its members or shareholders.
c. The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of said land and any other land within the planned unit development not publicly or privately owned, and shall secure adequate liability insurance on the land.
d. If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space.
e. Said association or nonprofit corporation shall not be dissolved nor shall dispose of any common open space by sale or otherwise, without first offering to dedicate such common open space to the city, which offer shall be accepted or rejected within one hundred twenty (120) days.
f. Said association or nonprofit corporation may make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the planned unit development plan. The assessment shall be made ratably against the properties within the planned unit development that have a right of enjoyment of the common open space.
g. Said association or nonprofit corporation established for ownership and maintenance of common open space and receiving payments from owners of the property within the planned unit development shall:
(1) Immediately deposit such payments in a separate trust account maintained by it with some bank or recognized depository in this state.
(2) Keep records of all payments deposited therein and all disbursements therefrom.
7. The city, association, nonprofit corporation, developer or landowner who retains ownership, control and maintenance of a common open space shall have all rights of assessment, enforcement of assessment lien and other procedures available to said individual, corporation, association or other business entity as set forth in Nevada Revised Statutes chapter 278A.
C. Utilities And Services: Structures within the planned unit development shall be connected to city water and sewer lines and all utility lines shall be placed underground except for major electrical transmission lines. The road network of the planned unit development shall be of a suitable design and construction as to meet city specifications. The city shall have the right to require, prior to the approval of the site plan, such easements from the developer as are necessary for access by the city to privately owned acres of the planned unit development to permit the city to perform necessary police, health, safety and fire services.
D. Minimum Development Standards: A planned unit development must contain five (5) or more dwelling units and all lots within the planned unit development shall meet at least the following minimum requirements:
1. Minimum Site Area: Minimum site area shall be five (5) acres, except the planning commission, with approval of the city council, may waive this minimum when proper planning justification is shown.
2. Minimum Lot Size For Single-Family Detached Residences: The following minimum lot sized per dwelling unit shall apply to all lots containing a single-family detached residence, if said lots are located entirely within that section of the planned unit development that was previously located in an R zoning district:
7,500 square feet = 5.81
3. Lot Coverage: Maximum lot coverage shall be fifty percent (50%) for all lots within the planned unit development.
4. Setbacks: There shall be a minimum setback of ten feet (10') between any buildings which are forty feet (40') or less in height and all public or private access right of way designed for limited vehicular traffic, such as minor residential streets, cul-de-sacs, or dead end type streets. A minimum setback of twenty feet (20') shall apply to dwelling units located on collector streets and a minimum setback of thirty feet (30') shall apply to dwelling units located on arterial streets. The setback shall be increased two feet (2') for each additional story above forty feet (40') of height.
5. Distance Between Buildings: There shall be a minimum distance between detached buildings as follows: Twenty feet (20') for the first forty feet (40') of height. Two feet (2') additional for each additional story above forty feet (40') of height.
6. Access: All lots shall have access to either private or public roads within the planned unit development. Private roads are to be allowed within the planned unit development if they meet the minimum city construction standards. Private roads shall not be permitted along the perimeter of the planned unit development unless approved by the planning commission. All roads must be designated to tie in effectively with the city thoroughfare portion of the general plan. The city shall be allowed access on private roads and privately owned common open space to ensure the police and fire protection of the area to meet emergency needs, and to conduct city service.
7. Buffer Areas And Screening: Compatible and complementary buffer areas and/or screening shall be provided between primary residential uses and secondary nonresidential uses within the planned unit development and between conflicting uses located on the periphery of the development and surrounding developments or zoning districts. Sizes of buffer zones shall be determined during the process of conditional use permit approval.
8. Common Walls; Fire Resistance: Within the buildings, whenever common walls are proposed, they shall be two (2) hour fire resistant.
9. Drainage: Drainage on the internal private and public streets shall be as required by the public works department. All common driveways shall drain to either storm sewers or a street section.
10. Fire Hydrants: Fire hydrants shall be provided and installed as required by the fire department. Fire lanes shall be provided as required by the fire department. Fire lanes may be grass areas.
11. Exterior Lighting: Exterior lighting within the development shall be provided on private common drives, private vehicular streets and on public streets. The lighting on all public streets shall conform to the standards approved for regular use elsewhere in the city. (Ord. 256, 4-11-1978)
E. Open Space And Density:
1. In no instance shall the total amount of usable open space within the planned unit development be less than twenty percent (20%) of the gross acreage of the planned unit development. The following shall not be counted as usable open space: Land that has average slopes of greater than ten percent (10%); any streets, parking areas or other asphaltic or paved areas except for pedestrian and bicycle paths.
2. Density of the area shall be computed in the form of dwelling units per acre. The following maximum density shall apply to those sections of the planned unit development that were previously located in the following specified zoning districts:
R district specific density will be determined in process of conditional use permit review, however, in no instance shall the maximum density exceed twelve (12) units per acre.
F. Open Space And Related Incentives:
1. For each five percent (5%) increment of additional usable common open space above the twenty percent (20%) per gross acre minimum, the developer will be allowed a corresponding increase in density of ten percent (10%) above the density figure computed in subsection E of this section, subject to the maximum limitation of twelve (12) units per acre.
2. For each linear mile of bicycle path provided in the planned unit development, the developer will be allowed a corresponding increase in density of ten percent (10%) above the density figure computed in subsection E of this section, subject to the maximum limitation of twelve (12) units per area. The route of the bicycle path and its gradient must be reviewed by the planning commission and approved by the city council and shall be constructed according to the following specifications: width, at least eight feet (8') wide; paving, at least six inches (6") of compacted crushed stone base with two inches (2") of asphaltic concrete, whichever is suitable to the development. All site work, including drainage facilities, clearing and grading for the bicycle path shall be reviewed by the planning commission and approved by the city council. (Ord. 336, 12-14-1982)
G. Termination Of Planned Unit Development: Any owner of land which has been designated a planned unit development may apply to the city for the termination of the planned unit development use of that portion of his land in which construction has not been commenced pursuant to a site plan. The petition for termination of a planned unit development shall be accompanied by a zoning change application in accordance with the procedure specified in this chapter.
H. Building And Occupancy Permits: All building and occupancy permits shall be issued in conformance with an approved site plan for a planned unit development.
I. Procedures For Authorization Of Planned Unit Development: In order to provide an expeditious method for processing a plan for a planned unit development and to avoid delay and uncertainty, it is hereby declared that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration shall be consistent with the provisions set out in Nevada Revised Statutes sections 278A.440 through 278A.590, inclusive. (Ord. 256, 4-22-1978)