(A) Description. The planned unit development (PUD) regulations of this section are intended to encourage innovative land planning and site design that achieve a high level of environmental protection, energy efficiency, aesthetics, high-quality development, and other county goals by:
(1) Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for development on individual lots;
(2) Allowing greater freedom in selecting the means to provide access, light, open space, and design amenities; and
(3) Promoting quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations, and land use arrangements.
(B) Intent. By allowing more flexibility than base zoning districts, a PUD is intended to result in:
(1) Greater choice in the type of environment and living units available to the public;
(2) More open space through conservation development practices;
(3) Open space resources that are connected to one another and to residential and nonresidential areas;
(4) A creative approach to the use of land and related physical development;
(5) An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs; and
(6) Promotion of mixed use development.
(C) Zoning districts. A PUD may be approved in any base zoning district, except the AG, RE, and OS Districts.
(D) Minimum site area. There is no minimum site area requirement for a PUD. The proposed PUD shall be consistent with the surrounding existing development in the area.
(E) Compliance with other regulations. Unless expressly authorized by the regulations of this chapter and specifically approved as part of a PUD, none of the otherwise applicable standards of this chapter may be waived or reduced as part of a PUD approval.
(F) Approval procedures. PUDs shall be reviewed and approved in accordance with the procedures of § 151.051. If the proposed PUD involves subdivision of land, the preliminary plat, preliminary engineering, final plat, and final engineering shall be subject to the procedures, standards and requirements of §§ 151.185 through 151.204 unless specifically modified or waived by the conditional use permit.
(G) Allowed uses.
(1) Residential zoning districts.
(a) PUD approval. Residential uses and only those nonresidential uses allowed in the GO and LC Zoning Districts (by right or by conditional use permit) shall be allowed in PUDs located in residential zoning districts. Nonresidential uses allowed in the GO and LC Zoning Districts by conditional use permit must be specifically approved within the PUD by the County Board.
(b) Change of use. Upon PUD approval, any change of use to a use allowed by right in the underlying zoning district or the GO and LC Zoning Districts shall be allowed provided all applicable use and development standards are met. Any change of use to a use allowed by conditional use permit in the GO and LC Zoning Districts shall require a conditional use permit.
(2) Nonresidential zoning districts.
(a) PUD approval. Any use or mix of uses may be allowed within a PUD in a nonresidential zoning district provided that those uses not allowed by right in the underlying zoning district shall be specifically approved within the PUD by the County Board.
(b) Change of use. Upon PUD approval, any change of use to a use allowed by right in the underlying zoning district shall be allowed provided all applicable use and development standards are met. Any change of use to a use not allowed by right in the underlying zoning district shall require a conditional use permit.
(H) Standards. Development within PUDs shall not be subject to the dimensional and bulk standards (i.e., lot size, lot width, setback, height standards, and building area) of the underlying zoning district. Dimensional and bulk standards shall be established at the time of PUD approval. Similarly, landscaping, lighting, parking, architectural and open space standards may also be established, at the time of PUD approval.
(I) Density and intensity.
(1) Residential PUDs (residential uses only). The maximum density (number of dwelling units) within a residential PUD in a residential zoning district may exceed the conventional development density allowed in the underlying zoning district by up to 15% if approved by the County Board as part of the PUD preliminary plan approval. The maximum density (number of dwelling units) within a residential PUD located in a nonresidential zoning district may exceed the conventional development density allowed in the R-6 Zoning District by up to 15% if approved by the County Board as part of the PUD preliminary plan approval. PUDs shall be subject to the natural resource protection standards of §§ 151.070 through 151.072. No other density bonus may be used in combination with the PUD.
(2) Nonresidential PUDs (nonresidential uses only).
(a) The maximum intensity (amount of floor area and/or amount of impervious surface) within a nonresidential PUD may exceed that allowed in the underlying nonresidential zoning district by up to 15% if approved by the County Board as part of the PUD preliminary plan approval.
(b) The maximum intensity (amount of floor area and/or amount of impervious surface) within a nonresidential PUD in a residential zoning district may exceed the intensity standards of the LC Zoning District by up to 15% if approved by the County Board as part of the PUD preliminary plan approval.
(3) Mixed use PUDs (residential and nonresidential uses).
(a) Residential density and nonresidential intensity (impervious surface ratio, floor area ratio) within mixed use PUDs shall be established at the time of PUD approval, provided that nonresidential uses shall occupy at least 30% of the total floor area within the PUD (residential and nonresidential uses included). Conditions shall be imposed by the County Board relating to the phasing of the residential and nonresidential components of a mixed use PUD.
COMMENTARY: The County Board may condition any density bonuses for a PUD on the site and buildings thereupon meeting various environmentally sustainable goals, including sustainable site development, pedestrian-orientation and reduced vehicle trips, water savings, energy efficiency, sustainable construction materials selection, and indoor air quality consistent with the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) building and site certification program. |
(J) Identification on zoning maps. Approved planned unit developments shall be indicated on the Official Zoning Map.
(L) Public roads. All roads shall be public roads. No private roads shall be permitted.
(Ord., § 7.8, passed 10-13-2009)