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Existing or potential hazards and nuisances, such as construction sites, junk yards, demolition sites, unused basements, abandoned wells or cisterns are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety and welfare. Compliance is required with all applicable State rules and regulations.
The Planning Commission, in its sole discretion, may require the screening of open storage of industrial equipment, vehicles and materials that are visible from any adjacent property and/or public street. When considering the requirement for screening, the Planning Commission shall consider the visual effect of open storage on any adjacent residentially zoned or used properties. Screening of all visible portions of open storage shall be in accordance with the standards set forth in Section 5.10.
ARTICLE 9
PLANNED UNIT DEVELOPMENT (PUD)
PLANNED UNIT DEVELOPMENT (PUD)
Planned unit development (PUD) regulations are intended to provide for various types of land uses planned in a manner which shall encourage the use of land in accordance with its character and adaptability; conserve natural resources and energy; encourage innovation in land use planning; provide enhanced housing, employment, shopping and recreational opportunities; improve traffic and pedestrian circulation; and bring about a greater compatibility of design and use.
The provisions of this article provide enabling authority and standards for the submission, review and approval of applications for planned unit developments.
(a) A planned unit development (PUD) may be applied for in any zoning district. The granting of a PUD application shall require a rezoning by way of an amendment to this Zoning Ordinance upon the recommendation of the Planning Commission and approval of the City Council. Therefore, the procedures set forth in Article 13, including a public hearing to be held by the Planning Commission, shall apply.
(b) Any land use authorized in this Zoning Ordinance may be included in a PUD, subject to adequate protection of the public health, safety and welfare and the compatibility of various land uses both within and outside the development.
(c) The applicant for a PUD must demonstrate all of the following as a condition to being entitled to PUD treatment:
(1) Granting of the PUD will result in one (1) of the following:
A. A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or
B. Long-term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or
C. A nonconforming use shall, to a material extent. be rendered more conforming, or less offensive, to the zoning district in which it is situated.
(2) The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, roads and utilities.
(3) The proposed development shall be consistent with the public health, safety and welfare of the City.
(4) The proposed development shall not result in an unreasonable negative environmental impact on the subject site or surrounding land.
(5) The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.
(a) Pre-application Conference. Prior to the submission of an application for planned unit development (PUD) approval, the applicant shall meet with the Zoning Administrator, together with any City staff and consultants the Administrator deems appropriate. The applicant shall present at such conference or conferences, at least a sketch plan of the proposed PUD as well as the following information: total number of acres in the project; a statement of the number of residential units, if any; the number and type of nonresidential units and the number of acres to be occupied by each type of use; the known deviations from the Ordinance regulations which are to be sought; the number of acres to be preserved as open or recreational space; and all known natural resources and natural features to be preserved.
(b) Preliminary Plan. Following the pre-application conference, the applicant shall submit to the Building Department a preliminary site plan of the proposed PUD in accordance with the procedures set forth in Section 3.04 and conforming with this section. The Planning Commission shall review the preliminary site plan and shall provide the applicant with written comments, which shall be part of the official minutes of the Planning Commission. Review and comment upon a preliminary plan by the Planning Commission shall not bind the City to approval of a final PUD plan.
The preliminary site plan for a PUD shall contain at a minimum the following information:
(1) Evidence of ownership; location and description of site; dimensions and areas;
(2) General topography and soil information;
(3) Scale, north arrow, date of plan;
(4) Existing zoning of site; existing land use and zoning of adjacent parcels; location of existing buildings, drives and streets on the site and within 100 feet of the site;
(5) Location, type and land area of each proposed land use; dwelling unit density (dwelling units per acre);
(6) Location, size and uses of open space;
(7) General description of the organization to be utilized to own and maintain common areas and facilities;
(8) General landscape concept showing tree masses to be preserved or added, buffer areas and similar features;
(9) General description of proposed water, sanitary and storm drainage systems;
(10) Existing natural and man-made features to be preserved or removed; location of existing structures, streets and drives; location, width and purpose of existing easements;
(11) General location, function, surface width and rights of way of proposed public and private streets;
(12) General location of proposed parking areas and approximate number of spaces to be provided in each area; and
(13) Location and area of each development phase.
(c) Final Plan. Within six (6) months following receipt of the Planning Commission comments on the preliminary PUD plan, the applicant shall submit a final PUD plan to the Building Department in accordance with the procedures set forth in Section 3.04 and conforming with this section. If a final PUD plan is not submitted by the applicant for approval within six (6) months following receipt of Planning Commission comments, the preliminary PUD plan approval becomes null and void.
The final PUD plan shall constitute an application to amend this Zoning Ordinance, and shall be noticed for public hearing before the Planning Commission, and otherwise acted upon by the Planning Commission and the City Council, as provided by law (see Article 13) The Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the PUD project, including, without limitation, recommendations with respect to matters on which the City Council must exercise discretion. Final PUD plans shall include the following:
(1) A site plan meeting all requirements of Section 3.04;
(2) A separate narrative that provides specific details regarding all deviations from this Zoning Ordinance that would otherwise be applicable in the absence of this PUD article;
(3) A specific schedule of the intended development and construction details, including phasing or timing;
(4) A specific schedule of the general improvements to constitute a part of the development, including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities and visual screening features;
(5) A specification of the exterior building materials and architecture with respect to the structures proposed in the project; and
(6) Signatures of all parties having an interest in the property.
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