A. Application for a PUD Zone Change: Any person desiring to develop property under the provisions of this article shall first file an application for a PUD overlay zone change on the standard form provided by the County. A Planned Unit Development application shall be filed in conjunction with the zone change application.
B. Conceptual Development Plan: The zone change application shall include a conceptual development plan, and supporting materials which describe the proposed land uses, density and the proposal's relationship to the County's general plan, as well as all requirements herein 9-20-4.
C. Public Hearing By Planning Commission, With Review And Recommendation: The Planning Commission will schedule a public hearing to consider the proposed zone change and shall review the conceptual development plan, supporting materials and staff comments for compliance with applicable general plan policies. The Planning Commission shall also make recommendations concerning the PUD zone change request which will be forwarded to the Commissioners.
D. Public Hearing By Commissioner's: The County Commissioners will receive the recommendations of the Planning Commission and schedule a public meeting for official action on the zone change request. Published notice must be given as set forth in this title prior to the hearing. (Utah State Code 17-27a-503)
E. Decision Of County Commission: The Commission may approve, modify or deny the zone change request.
F. Overlay Designation: The Planned Unit Development Overlay designation shall be shown on the Official Zoning Map in parentheses as a prefix to the zone designation with which it is combined. For example, if the Planned Unit Development Overlay is being combined with the Residential R-1, R-2 or R-5 zone, it would be designated on the Official Zoning Map as "PUD R-1, PUD R-2 or PUD R-5". For commercial or multi-residential it will be "PUD M-R, PUD L-C, PUD C-1, PUD C-2".
G. The assigned PUD zone will allow the permitted uses consistent in the Residential, Multi- Residential and Commercial zones for the Planned Unit Development Overlay with the appropriate permitted or conditional uses set forth therein. Any conditional use shall be subject to the issuance of a conditional use permit as set forth in this Title.
H. Multiple Family Dwellings: Multiple Family dwellings require the PUD MR zoning, as defined in this Chapter. The overall density in a particular planned unit development project shall not exceed the density permitted by the underlying zone in which the project is situated.
I. Accessory Uses: Accessory uses located in a common main building may be permitted. Accessory uses may include recreational facilities and structures, day care centers, personal services, and RV parking.
J. Commercial Uses: Any commercial use shown in Chapter 7 of this Title may be permitted within a planned unit development provided such use is:
1. Specifically authorized after receiving a commercial zone change approval and approved pursuant to the provisions of this Chapter;
2. Designed as an integral element of the planned unit development, including building and landscaping design which is consistent with design elements of the development.
K. Application for the development shall be filed by the sole owner or jointly filed by all owners of the property.
L. Variations from Development Standards of an underlying zone in this title may be approved as part of a Conceptual Development Plan for the Planned Unit Development Overlay pursuant to the provisions of this chapter. A variation from the setback requirements set forth in zones may be approved if the County Commission, after receiving a recommendation from the Planning Commission, finds such variation meets the approval criteria set forth. Any such variation shall be explicitly noted in the Development Agreement. Variations from the development standards set forth in this Chapter are intended to be rare and shall be approved by the planning commission. The applicant shall bear the burden of persuasion with regard to any request for a variation. Such burden shall include, but not be limited to, demonstrating that: A proposed project which includes a variation is the result of a substantial amount of advance planning; Any adverse conditions which may result from the variation will be mitigated; and the variation will result in a substantial benefit not only to persons who will live or work within the project, but also to the County and its residents generally.
M. Development Agreement: A Development Agreement shall be prepared and approved in conjunction with approval of the Planned Unit Development Overlay zoning and Conceptual Development Plan. The purpose of the Development Agreement is to describe how the developer and the County will address items not expressly addressed in this code.
N. Approval Criteria: The Planned Unit Development Overlay may only be approved if the Commission, after receiving a recommendation from the Planning Commission, finds that the proposed Planned Unit Development Overlay:
1. Does not conflict with any applicable policy of the Kane County General Plan;
2. Meets the spirit and intent, as set forth in this Chapter;
3. Will allow integrated planning and design of the property;
4. Meets the use limitations and other requirements of the zone with which the Planned Unit Development Overlay is combined;
5. The capability to start construction within one (1) year of final plan approval.
O. Imposition of Conditions: In order to make findings necessary to approve a Planned Unit Development Overlay, conditions of approval may be imposed on a conceptual development site plan to assure the planned unit development will:
1. Accomplish the purpose of this Chapter;
2. Be developed as one integrated land use rather than as an aggregation of individual and unrelated buildings and uses; and
3. Meet the requirements of the zone in which the proposed development is located except as such requirements are modified by this Chapter. (Ord. O-2022-41, 7-26-2022; amd. Ord. O-2022-51, 10-25-2022; Ord. O-2023-13, 11-28-2023)