(A) Purpose. The PUD planned unit development district is intended to implement the comprehensive plan and encourage a more creative approach in land development and site planning.
(1) Applicability. This section may apply to any tract of land where it is in the best interests of the county, city or town to provide for added flexibility and creativity in development design.
(2) Permitted uses. Uses permitted in a PUD may include any use or combination of uses that the Commission and legislative body find to be consistent with the comprehensive plan.
(B) Modification. Any development standard in this chapter may be modified for a PUD, provided that the Commission and/or legislative body find(s) that the modification promotes the purposes of this chapter and is consistent with the spirit and intent of this chapter. It is the responsibility of the applicant to provide justification for modification of any development standard.
(C) Application.
(1) A petition to rezone property to PUD may be filed by any of the following:
(a) The owners of all lots or parcels within the area proposed for rezoning; and/or
(b) In the case of a single lot or parcel with multiple owners, all those having ownership interest in the lot or parcel.
(2) A petition to modify an approved PUD may be filed by the following:
(a) The owners of all lots or parcels within the area proposed for modification and any other owners in the PUD affected by the modification; and
(b) In the case of a single lot or parcel with multiple owners, owners having a majority ownership interest in the lot or parcel.
(D) Hearing and decision.
(1) The Commission shall hold a public hearing and make a recommendation to the legislative body on the proposed PUD ordinance and PUD zoning in the same manner as for amendments to the zoning map as set forth in § 152.007. The Commission may recommend approval or disapproval of the rezoning request.
(2) Approval of the design of any installed public improvements to be dedicated must be obtained from the appropriate operating authority prior to recommending the approval of a PUD plan. Before the Commission recommends approving a PUD plan showing park reservation(s) or land dedicated to any local governmental unit, the Commission shall obtain approval of the reservation or dedication of the land from the participating jurisdiction.
(3) The Commission may impose conditions on a favorable recommendation and/or request written commitments in the same manner as for amendments to the zoning map as set forth in § 152.007.
(4) The legislative body may impose reasonable conditions on a proposed PUD and allow or require the owner of the real property to make written commitments in the same manner as for amendments to the zoning map as set forth in § 152.007.
(5) Adoption of the PUD ordinance by the legislative body constitutes final approval of the preliminary PUD plan. After the PUD ordinance is adopted, the Commission shall exercise continuing jurisdiction. The Commission is hereby authorized to conduct secondary reviews, grant approvals and make modifications to approved detailed PUD plans. The Commission shall not modify the preliminary PUD plan or any condition or commitment allowed or required by the legislative body.
(E) Modification procedure.
(1) In the exercise of its continuing jurisdiction, the Commission may from time to time allow the petitioner to modify the approved detailed PUD in a manner consistent with the approved preliminary PUD plan to allow for changed circumstances and conditions unforeseen at the time of original approval. Except as provided below, the modifications shall be considered in the same manner as the secondary review, and notice shall be given to interested parties and the hearing conducted in accordance with the Commission's rules of procedure.
(2) The staff is authorized to approve minor modifications as specified in § 152.077.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)