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Before referring any matter to the Design Review Board, the Building and Zoning Inspector shall first determine if the proposed structure or addition thereto meets the requirements of all other applicable provisions of this Zoning Code.
(a) Required Preliminary Reviews. When variances, site plan review or any other zoning issues are required, such approvals shall be obtained from the appropriate board or commission prior to referral to the Design Review Board.
(b) Determination Application Complete. The Building and Zoning Inspector shall promptly determine if an application for a Certificate of Appropriateness is a complete submittal. Only applications that are deemed to be a complete submittal may be filed and acted upon. If all information required to accompany the application is not provided, the Building and Zoning Inspector shall promptly notify the applicant that the application may not be filed and formally considered, and of the additional items that must be submitted.
(c) If the use or construction is in accordance with all other provisions of this Zoning Code, the Building and Zoning Inspector shall refer the application and associated materials required by this section to the Design Review Board. The application shall be accompanied by a written statement signed by the Building and Zoning Inspector attesting to compliance with all other requirements of this Zoning Code.
For all matters involving the issuance of a Certificate of Appropriateness, the Design Review Board shall conduct an adjudicative hearing in accordance with Section 1105.09 (Adjudicative Hearing Requirements). After the hearing, the Design Review Board shall take one of the following actions:
(a) Approve the application.
(b) Deny the application.
(c) Approve the application subject to special modification that will ensure the project meets the standards for review. No application shall be denied or modified unless a majority of all members appointed to the Board vote to reject or modify the application.
(d) If an application is approved without modifications, the Design Review Board shall so notify the Building and Zoning Inspector, who will then issue a permit.
(e) If an application is denied, the specific basis for such disapproval shall be provided in a written statement, along with recommendations on changes to design, arrangement, texture, material, and color of the exterior features and interior arrangement of the structure, as the Design Review Board deemed appropriate.
(f) If the applicant accepts the modifications of the Design Review Board, a revised application shall be filed with the Building and Zoning Inspector, whereupon a permit shall be issued.
The purpose of the Planned Unit Development Overlay District (PUD) is to achieve land development that is responsive to the natural and environmental assets and liabilities of a given site. The PUD provides an alternative overlay zoning category that is intended to encourage imaginative design of development. The PUD shall be a well-integrated development in terms of major design elements such as roads, drainage systems, utilities, and open space. The PUD allows greater design flexibility so that natural features may be protected and development concentrated in an innovative and efficient manner.
All PUD Preliminary Plan submissions are applications for amendment to this Zoning Code according to Chapter 1107 and shall be considered in accordance with the procedures for rezoning.
(a) Property proposed to be developed as a PUD must first be rezoned to include the PUD Overlay District. Approval of a Preliminary Development Plan is a rezoning of the property to a PUD Overlay District.
(b) Upon approval of a PUD Preliminary Development Plan, the District Map shall be amended to designate the property as a "PUD Overlay."
(c) A PUD Overlay District Designation may be proposed in any conventional zoning district. When approved, the zoning designation for the subject property shall include the conventional zoning district name along with the PUD Overlay notation.
(d) If the conventional zoning district also requires amendment, this amendment shall occur concurrently with the PUD Preliminary Development Plan approval.
(a) An applicant may propose to include a ratio of not less than seventy-five (75) percent from the list of the permitted or conditional uses for the underlying zoning district, and not more than twenty-five (25) percent from the list of the permitted or conditional uses from any other zoning district except those uses listed in the "M" districts.
(b) Combinations of residential types may be proposed to allow greater design flexibility. This combination of residential types may include single-family detached dwellings, two-family dwellings, zero lot line units, and multiple-family dwellings.
In addition to design standards and any conditions of approval required by Council, the following standards shall apply to a Planned Unit Development.
(a) Planned Unit Developments must be:
(1) Developed in accordance with the general or specific objectives of the Master Plan;
(2) Designed, constructed, operated, and maintained in such manner as to be harmonious with the existing or intended character of the general vicinity;
(3) Would not be hazardous to existing or future neighboring uses;
(4) Would be served adequately by essential public infrastructure, facilities, and services, or provides at the applicant's expense for the construction of additional public infrastructure, facilities, and/or services which would adequately service such use; and
(5) Would not involve uses, activities, processes, materials, equipment, or conditions of operation which would be detrimental to persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(b) Minimum Size. Planned Unit Developments must be owned, leased, or controlled by one person or single entity at the time of application and must contain at least three (3) contiguous acres.
(c) Maximum Overall Density. The maximum overall residential density in a PUD shall be equivalent to the maximum density that would otherwise be permitted if the area proposed to be dedicated to residential land uses were developed as a conventional subdivision.
(1) PUD Density shall be calculated by preparing a map of the units yielded for a conventional subdivision on the parcel, or by use of the following formula:
(TSA/MLA) X 80%, where:
(A) TSA = the Total Site Area. TSA is determined by deducting the following from the total project area:
(i) Any area devoted to non-residential purposes;
(ii) The area of land which may not be developed because it is within a floodway, Category 3 wetland, existing water body, or land subject to an existing conservation easement, but where floodways, wetlands, water bodies, or land subject to an existing conservation easement overlap, they shall be counted only once. The Planning Commission may reduce the total for the amount of land which may not be developed by up to one-third (1/3) upon a finding the developer will incorporate and provide an adequate mechanism for the preservation of an equivalent area of these features in required yard setbacks.
(B) MLA = Minimum Lot Area (in acres). The minimum lot area factor shall be the stated minimum lot area requirement in Section 1125.14(f) (Schedule of District Regulations) for the type of residential development in the underlying Zoning District. To convert the minimum lot area requirements in the Schedule from square feet to acres simply requires the specified standard in square feet to be divided by 43,560 square feet per acre.
(C) 80% = The factor to account for losses in land area due to proposed new roads and the fact that some of the lots in a development will be larger than the minimum required.
(D) When the above formula produces a fractional value for the total number of units for the total project area, this final number shall be rounded to the nearest whole number.
(2) When a residential use is proposed for a PUD in a commercial or industrial underlying zoning district, the minimum lot area standard for the residential area of the PUD shall be the minimum lot area requirement for R-4 multiple-family dwellings in Section 1125.14(f) (Schedule of District Regulations).
(d) Flexible Development. Minimum required lot area, lot width, and yard depth standards specified in Section 1125.14(f) (Schedule of District Regulations) may be reduced to accommodate a variety of structural patterns, clustering designs, and housing types.
(1) The minimum spacing between any principal buildings, which are not attached, shall be ten (10) feet.
(2) Planned Unit Developments must be developed so that any reduction to minimum residential lot size provides required common open space at an equivalent ratio. Where the sum of the area of all lots devoted to residential use is less than the product of the number of dwellings and the minimum lot area requirement for each type of dwelling pursuant to Section 1125.14(f) (Schedule of District Regulations), the difference in area shall be required open space.
(e) Open Space. Planned Unit Developments must be designed so that all common open space is preserved for its intended purpose as expressed in the Final Development Plan.
(1) One or a combination of the following three methods shall be used to administer the common open space:
(A) Public dedication to the City of the common open space.
(B) Establishment of an association or nonprofit corporation of all individuals, corporations or other entities owning property within the Planned Unit Development to insure the maintenance of all common open space.
(C) Retention of single ownership, control and maintenance of all common open space.
(2) Planned Unit Developments must be established so that all privately owned common open space shall continue to conform to its intended use and remain as expressed in the Final Development Plan through the inclusion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved according to the Final Development Plan. Such deed restrictions shall run with the land and be for the benefit of the property owners and shall contain a prohibition against partition.
(3) Planned Unit Developments must be designed so that all common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and shall be constructed and fully improved at an equivalent or greater rate than the construction of residential structures. In addition, common open space shall be designed as a functional part of the development, distributed throughout the area and accessible to all residents. If administration of common open space is through an association or nonprofit corporation, such organization shall conform to the following requirements:
(A) The association or nonprofit corporation shall be established prior to the sale of any lots.
(B) Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the Planned Unit Development.
(C) The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, provide for the maintenance, administration and operation of such land and structures, and any other land within the Planned Unit Development not publicly or privately owned, and shall secure adequate liability insurance on the land and structures.
(D) If administration of common open space is through an association or nonprofit corporation, the title to all residential property owners shall include an undivided fee simple estate in all common open space.
(f) Essential Services. Planned Unit Developments shall be:
(1) Adequately served by essential public infrastructure, facilities, and services, or provides at the applicant's expense for the construction of additional public infrastructure, facilities, and/or services which would adequately service such use;
(2) Located on a site with at least one property line abutting a major or minor arterial street and designed so that all ingress and egress to the off-street parking area for guests, employees and residents shall be directly onto a major or minor arterial street.
(3) Designed so that utilities and streets in the Planned Unit Development meet the Standards of Improvements as set forth in Section 1165.10 (Standards of Improvements).
(g) Off-street Parking, Loading and Storage Regulations. Off-street parking, loading and storage regulations as set forth in Chapter 1141 shall apply to all uses established within the PUD Overlay District.
(h) Signs Permitted. Signs shall be permitted in the PUD Overlay District in accordance with Chapter 1143.
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