§ 155.045  PLANNED UNIT DEVELOPMENT DISTRICT (PUD).
   For the definition and purpose of a Planned Unit Development District, please refer to the definition of Planned Unit Development contained in § 155.002.
   (A)   Minimum requirements for lot area and setback shall be the same as provided elsewhere within the Zoning Ordinance for the particular use or uses specified in the ordinance creating the PUD district.
   (B)   See § 155.023 for supplementary district regulations, exceptions and parking requirements applying to the particular use or uses specified in the ordinance creating the PUD District.
   (C)   See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment and specific use permits that may be recommended by the City Planning Commission under certain circumstances and conditions.
   (D)   Permitted uses and parking requirements.
   Any use or uses allowed and parking required in the zoning district created by the PUD Ordinance and permitted by the City Zoning Ordinance.
   (E)   No building shall exceed 30 feet or 2 stories in height.
   (F)   Special requirements.
      (1)   The minimum size of a Planned Unit Development shall be five acres.
      (2)   The only commercial uses allowed in a Planned Unit Development shall be those C-1 Retail Commercial Uses approved by the Planning Commission and City Council.  A maximum of 5% of the gross land area after dedications can be used for approved commercial purposes in a PUD.
      (3)   No commercial structure can be built until at least 50% of the dwelling units within the PUD have been completed.
      (4)   Along the boundary of any Planned Unit development, the uses allowed within the PUD must be compatible with the existing uses along the boundary.  If approved commercial uses are desired, but the zoning on the boundary is not compatible, then all non-residential uses shall occur within the interior of the PUD and be constructed with compatible design and building materials.
   (G)   Where a Planned Unit Development is proposed, the Planning Commission and the City Council in accordance with the procedure specified in § 155.023 may vary the specific requirements of this section if the building development is planned with adequate provision for light and air, vehicular and pedestrian circulation and recreational facilities equal to or better than the detailed requirements of this chapter.
   (H)   Application and procedure for a PUD classification.  To zone property as provided for in this section, the applicant must complete all of the steps in the following process:
      (1)   Pre-application conference - prior to the formal application for a PUD zoning change, the applicant shall meet with the Planning Commission to discuss the elements of the PUD including but not limited to:
         (a)   The project location;
         (b)   The project size;
         (c)   The project’s intended land uses;
         (d)   The variation from normal zoning provisions needed to implement the plan;
         (e)   The relationship of the proposed project to the existing adjacent development; and
         (f)   The proposed document concerning maintenance of the common areas. Such document shall provide at a minimum a trust instrument or equivalent device that shall establish an institution, other than the city, to assure maintenance of the common areas in case of financial or other emergency.
The purpose of the pre-application conference is to clarify, for the applicant, the city’s policies regarding planned unit development and for the city to provide an informal, non-binding option on the acceptability of the proposal.
      (2)   Preliminary plan -- to receive preliminary approval of a request for PUD zoning, the applicant shall submit the following:
         (a)   A preliminary plan including:
            1.   A location diagram at a convenient scale; and
            2.   A land use plan at a scale of 1"=100' illustrating the boundaries of the proposed tract, any existing land uses on the proposed tract, any interesting or unusual existing features of the tract including, but not limited to:  topography, vegetation or flooding and adjacent existing land uses to a distance of 200 feet.  This land use plan shall also illustrate existing zoning on and within 200 feet of the proposed development;
         (b)   Two (2) copies of a plan of the proposed development at a scale of 1"=100' illustrating all of the elements of the proposal including, but not limited to:
            1.   Land uses and drainage;
            2.   Circulation and parking; and
            3.   Common areas.
         (c)   Sketches and/or elevation drawings illustrating visually the general features of the proposed plan; and
         (d)   A written statement outlining the applicant’s views on the relationship of the proposal to any existing adjacent development.
The Planning Commission and the City Council shall hold a joint public hearing as specified in § 155.064 (B) and (C). The City Council’s approval of a PUD shall designate and define the boundaries of the PUD and include such conditions as the City Council finds are necessary to secure and protect the public health, safety, morals and general welfare.  Upon the approval of the preliminary plan by the City Council, such approval shall be binding as to the general intent and apportionment of land for buildings, stipulated uses and circulation patterns, but shall not be construed to render inflexible the ultimate design or final plans of the project.
      (3)   Final plan. To complete the zoning process, the applicant shall as soon as possible following action on the preliminary plan, and within one year from said date (which said one year period may be extended by an additional twelve months at the discretion of the Planning Commission), submit the following for review and final approval:
         (a)   Two copies of a plan of the proposed development at a scale of 1"=100' illustrating all of the elements of the proposal and reflecting all elements and changes required by the Planning Commission and/or City Council during the preliminary plan review process.  Such changes shall be reviewed and approved by the Planning Commission.
         (b)   Two copies of a legal instrument or instruments setting forth a plan or method of permanent care and maintenance of open spaces, recreational areas and commonly owned properties.
   The Council shall notify the applicant of their approval or disapproval.  The approval shall be by amendment to the Zoning Ordinance and shall constitute the final step in the process.
   (I)   When considering a PUD, the unique nature of each proposal for a PUD may require under proper circumstances the departure from the strict enforcement of certain present codes and ordinances, for example and without limitation, the width and surfacing of streets, alleyways, curbs, gutters, sidewalks, public parks, storm drainage, water supply and distribution, sanitary sewers, etc.  Final approval of a PUD by the City Council shall constitute authority for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances.
(Ord. 1100-KK, passed 6-18-79)  Penalty, see § 155.999