The district regulations of this chapter may be modified by the Board of Zoning Appeals in the case of a plan utilizing an unusual concept of development which meets the requirements of this section. The planned unit projects provision is intended to encourage original and imaginative development and subdivision design which preserves the natural amenities of the site and provides for the general welfare of the city. After the unit plan is approved, all development, construction, and all use shall be in accordance with that plan unless a new planned unit project plan is submitted to and approved by the Board of Zoning Appeals as required by this chapter. Any development contrary to the approved unit plan shall constitute a violation of this chapter.
(A) The area of land to be developed shall not be less than five acres.
(B) Properties adjacent to the unit plan shall not be adversely affected.
(C) In planned unit residential projects, the minimum lot yard requirements may be reduced; however, the average density of dwelling units in the total unit plan shall not be higher than that permitted in the district in which the plan is located.
(D) In planned unit business and industrial projects, the minimum lot and yard requirements may be reduced; however, the total land area of the unit plan shall equal the accumulative lot area requirements of each use or structure contained within the unit plan.
(E) The unit plan shall permanently reserve land suitable for the common use of the public or the owners in a particular development. This may be accomplished by dedication, covenant, or easement. This land may be for future public facilities, for recreational or scenic open space, or for a landscaped buffer zone as approved by the Plan Commission. Provisions for permanent control and maintenance of this land shall be outlined in a form acceptable to the Plan Commission and the Board of Zoning Appeals.
(F) The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located, except that limited business facilities, intended to serve only the planned unit residential project area and fully integrated into the design of the project, may be considered and multiple-family dwellings may be considered in single-family residential districts if they are so designed and sited that they do not detract from the character of the neighborhood in which they occur.
(G) The unit plan shall be consistent with the purpose of this chapter.
(H) The unit plan shall be reviewed, and recommendations made, by the City Plan Commission to determine if the proposed project is consistent with the City Comprehensive Plan and in the best interest of the city.
(Ord. 10-C-86, passed 5-13-86) Penalty, see § 158.999