(A) Statement of purpose. The intent of planned unit development (PUD) is to permit greater flexibility and consequently, more creative and imaginative design for development of residential areas than generally is possible under the conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of natural qualities of open space.
(B) Permitted districts.
(1) Residential planned unit developments are allowed by right in the R-3, R-4, and R-5 Districts, in accordance with the provisions of this chapter.
(2) A residential planned unit development is permitted in an EST-1, R-1 and R-2 residential district upon the issuance of a conditional use permit by the Board of Zoning Adjustment.
(3) Residential/commercial planned unit developments are allowed by right in the B-2 and P-l Districts, in accordance with the provisions of this chapter.
(C) Permitted uses. The following are permitted uses:
(1) Detached and attached single-family dwellings;
(2) Two-family dwellings or duplexes;
(3) Multi-family dwellings;
(4) Accessory uses and structures provided that no such buildings or structures shall be designed or used for dwelling purposes;
(5) Public uses and buildings including libraries, museums, parks, playgrounds, schools and community buildings, owned and controlled by the city or school district if their location is first approved by the City Council; and
(6) Any proposal which uses have been reviewed and recommended for approval by the Planning Commission.
(D) Standards.
(1) Area size. The minimum size of a PUD shall not be less than one acre.
(2) Building site coverage. The total lot coverage permitted for all buildings on the site shall not exceed 60% of the lot area.
(3) Building height limit. The maximum building height limit of any building shall not exceed 70 feet in height.
(4) Setback requirements. Setback requirements shall be as follows:
(a) Front yard: any building facing a local street, minor or major artery, as defined in the Subdivision Regulations, shall be one-half of the right-of-way or not less than 25 feet and not to exceed 40 feet;
(b) Side yard (from adjoining property line): 20 feet; and
(c) Rear yard (from adjoining property line): 20 feet.
(E) General requirements.
(2) Density. The density for all approved PUD plans shall not exceed the density requirements found in a R-5 High Density Multi-Family Residential District.
(3) Open space. At least 20% of the total gross area shall be devoted to the properly planned, permanent, usable open space. The common open space shall be used for recreational, park or environmental amenity for common enjoyment by occupants of the development, but shall not include public or private streets, driveways or utility easements.
(4) Maintenance of common open space. Planned unit developments shall be approved subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of the open spaces, recreational areas and community owned facilities. No such instruments shall be accepted until approval by the City Attorney as to legal form and effect, and the Planning Commission as to suitability for the proposed use of the open space.
(5) Landscaping.
(b) Existing trees shall be preserved whenever possible. The location of trees should be considered when planning the common open space, location of buildings, underground structures, walks, paved area, playgrounds, parking areas and finished grade levels.
(c) A grading plan which will confine excavation, earth-moving procedures and other changes to the landscape in order to ensure preservation and prevent despoilation of the area to be retained as common open space.
(6) Traffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.
(7) Street construction.
(a) Standards of design and construction for both public and private, within planned residential development shall comply with the standards of design set forth in the Subdivision Regulations (see Chapter 156).
(b) Streets in a PUD may be dedicated to public use or may be retained under private ownership. However, if the streets are dedicated to the city the streets shall be constructed in accordance with standards required by the city.
(8) Parking.
(a) For each dwelling unit, there shall be off-street parking spaces consisting of not less than 180 square feet each. Variances from this requirement can be obtained from the Board of Zoning Adjustment.
(b) Parking areas shall be arranged so as to prevent through traffic to other parking areas.
(c) Parking areas shall be screened from adjacent structures, roads, and traffic arteries with hedges, dense planting, earth berms, changes in grade or walls.
(d) No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
(e) No more than 60 parking spaces shall be accommodated in any single parking area.
(f) All streets and any off-street loading area shall be paved. All areas shall be marked so as to provide for orderly and safe loading, parking and storage.
(h) All common parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.
(i) All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.
(10) Nonresidential development.
(a) Nonresidential uses, limited to those specifically recommended for approval by the Planning Commission, are permitted in a planned unit development provided that such uses primarily are for the service and convenience of the residents of the development.
(b) Layout of parking areas, service areas, entrances, exits, yards, courts, landscaping and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect residential character within the PUD District and desirable character in any adjoining residence district.
(c) No building permit for any nonresidential use in a mixed PUD, i.e., residential/commercial or professional shall be issued prior to having at least 50% of the residential dwellings under construction.
(F) Site plan review. A site plan review is required to encourage communication between the applicant and the Planning Commission staff. A site plan review will also promote a greater degree of logic, imagination, innovation and variety in the design process. The site plan submittal should follow the guidelines as set forth in §§ 158.255 through 158.261.
(G) Review procedure.
(1) Approval process. The following requirements must be fulfilled prior to approval of a PUD application.
(a) Preapplication conference. The applicant shall meet with the staff to determine the feasibility of the project.
(b) Application and site plan submittal. The applicant should furnish all information required in this section and comply with all the standards set forth in this section. (See division (G)(3) below.)
(c) Site plan review. This is an in-house staff function. (See division (G)(4) below.)
(d) Planning Commission action. The Planning Commission will either:
1. Grant approval, which means the developer may proceed with the project;
2. Postpone action, which means action is delayed for reasons which shall be noted by the Commission; or
3. Deny approval, which means denial of approval for the submitted PUD. Before any further action is taken, the developer must review his plan to conform to the Commission’s recommendations.
(2) Special use permit.
(a) Upon approval by the Planning Commission, the applicant will be issued a special use permit. The special use permit may contain conditions which the applicant must represent on his or her plat before a building permit is issued by the Zoning Inspector. A special use permit shall be revoked upon change in conditions upon which special use permit was issued.
(b) The special use permit shall be filed with the approved plat at the Christian County Court Clerk’s office. Filing is the responsibility of the applicant.
(3) Application for PUD. The application, which can be obtained at the Hopkinsville - Christian County Planning Commission offices, along with a filing fee, amount set by City Council, shall be submitted along with the plat.
(4) Administrative review. Upon a receipt of an application, a filing fee and a plat, the staff shall review the plat for compliance with this chapter. Within 45 days after the filing of the application, the Planning Commission shall take action. After the site plan review by the staff, staff findings and recommendations shall be transmitted to the applicant and Planning Commission.
(5) Failure to begin construction. If no construction has begun or no use established in the planned unit development within two years from the date of approval of the development plan, the special use permit will lapse and have no further effect. Construction is hereby defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. In its discretion and for good cause, the Planning Commission may extend for one or more additional years the period for the initiation of construction of the establishment of a use.
(6) Amendment or withdrawal of special use permit. Pursuant to the same procedure and subject to the same limitations and requirements by which the special use permit was approved and registered, any special use permit may be amended or withdrawn, either partially or completely, if all the conditions and limitations of the special use permit and all land and structures withdrawn from the special use permit comply with all regulations established by this chapter and unrelated to the special use permit.
(7) Waivers. An applicant citing the design or other exceptional characteristics of the proposed development may request the Planning Commission to waive certain requirements for special use permit. The Planning Commission may permit submission of an application for review in accordance with procedures set out in this section. In permitting waivers, the Planning Commission must find that the application fully meets the intent of this section and of this chapter.
(8) Appeal.
(a) Any person aggrieved by a decision of the Planning Commission in approving or disapproving an application for planned unit development may, within 15 days from the date of the decision, file a written request with the City Council which shall proceed to review the decision. Any such review shall be conducted pursuant to the same procedure as required for approval in this section.
(b) If the City Council, subsequent to its review, agrees with the Planning Commission’s action, it shall do so by municipal order. If the City Council disagrees with the Planning Commission’s action, it shall adopt a municipal order directing the Planning Commission to alter its action in accordance with its directions and conditions.
(c) If the Planning Commission fails to comply with the Council’s order at its next regularly scheduled meeting, the alterations specified in the resolution shall become effective upon the adjournment of the meeting.
(Ord. 11-85, passed 12-3-1985; Ord. 13-90, passed 9-4-1990) Penalty, see § 158.999