9-14-5: DEVELOPER/APPLICANT INCENTIVES AND BENEFITS:
PUDs are intended to provide particular benefits to the public and to the developer through a mixture of uses and integrated nature of the projects. Public benefit is ensured by the provision of public improvements and the amenities required by this code, and, for infill developments, by the increased efficiency of the use of land and public services. Deviations from the development standards and/or area requirements of the underlying zone may be approved if the proposed uses are not detrimental to present and potential surrounding uses and are not detrimental to the health, safety and general welfare of the public. Any variation from the basic zoning district requirements must be warranted by the design and amenities incorporated in the preliminary plat and/or final development plan. The commission and council may consider lands that include intervening streets on a case by case basis. The commission may recommend waiver or deferral of the minimum lot size, and the council may grant such waiver or deferral for hotels which meet the definition of "hotel" in section 9-1-4 of this title, or resorts which meet the definition of "resort" in section 9-1-4 of this title, and conforms to all other requirements of the "mixed use district (MU)" located in section 9-2-2 of this title. To provide the developer with an incentive to utilize the PUD process, the following deviations from conventional development standards may be incorporated into a PUD proposal:
   A.   Housing Types: A variety of housing types may be included in the planned development.
   B.   Minimum Lot Size: The minimum lot size for each building and setbacks for buildings within the project may be reduced below those normally required for the zoning district.
   C.   Use Exceptions: Twenty percent (20%) of the site may include uses not normally permitted in the designated zoning district.
   D.   Clustering: Buildings may be clustered to preserve scenic, historic, aesthetic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment.
   E.   Conditions Of Approval: The conditions of the approval established for a PUD shall be consistently applied to all phases of the development, unless specifically agreed to otherwise during the approval process.
   F.   Land For Public Use: A residential density bonus may be given for dedications of land for public use such as: school, park, library, public utility, fire station or recreational facility, which are provided to the public entity by donation or at a cost less than, or equal to, the applicant's predevelopment cost for that land.
   G.   Increased Residential Density: The commission may recommend, and the council may authorize, an increased residential density of up to five percent (5%) of the allowable number of residential dwelling units that are allowed in the designated zoning district for each of the following:
      1.   Landscaping, street design and streetscape, open spaces (active and passive uses) and plazas, use of required landscaping, pedestrian walkway design and distribution, and recreation uses.
      2.   Siting visual focal points; use of existing physical features such as topography, view, sun and wind orientation; motorized and nonmotorized vehicle circulation pattern; physical environment; variation in building setbacks and building clustering.
      3.   Design features; street sections (e.g., frontage and backage roads), architectural styles, harmonious use of materials; parking areas augmented by landscape features; and varied use of housing styles and housing options (e.g., estate homes, townhouses).
      4.   Permanent protection of significant natural features, view sheds and historic sites and structures.
   H.   Dwelling Units Allowed: Residential density bonuses for all incentives listed in subsection G of this section may not exceed twenty percent (20%) of the allowable number of residential dwelling units that are allowed in the designated zoning district. (Ord. 430, 12-16-2008)