(A) Purpose.
(1) The purpose of this section is to provide for permission and/or alternative zoning procedures for the development of tracts of land under single ownership or unified control.
(2) The planned unit development is encouraged to permit:
(a) The maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of the zoning code;
(b) Permanent preservation of common open space and recreation areas and facilities;
(c) A pattern of development to preserve natural vegetation, topographical, and geologic features;
(d) A creative approach to the use of land and related physical facilities that results in better development and design in the construction of aesthetic amenities;
(e) An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds, and buildings and other facilities;
(f) A land use that promotes the public health, safety, comfort, morals, and welfare; and
(g) Innovations in residential developments so that growing demands of the population may be met by greater variety and type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.
(B) Districts where allowed. Planned unit developments may only be built in the R-2 Zoning District upon the issuance of a special use permit.
(C) PUD regulations.
(1) PUD special use permit allows for single-family attached residential units within a structure to be built, with these units potentially having zero side setback areas within said structure.
(2) This special use is subject to all requirements contained herein:
(a) Site design for PUD special use permit. The site design for PUD special use permits must comply with the standards set forth in Chapter 151 of this code or ordinances.
(b) Lot design for PUD special use permit. In regards to the requirements set forth in § 152.042, individual lots within a PUD may utilize the following exemptions.
1. Lot area, dimensions, and lot area per family may be tailored to fit the scope of the development as deemed appropriate by the Planning Commission.
2. The front, rear, and side setbacks may be tailored to fit the scope of the development as deemed appropriate by the Planning Commission. A side setback of zero is specifically permissible with a PUD special use permit, however, the minimum width of the side setback shall be five feet on one side and 12 feet total on both sides when the individual lot contains the first or last unit in the structure. When a lot abuts the perimeter of the development, the setback requirements for R-2 Districts must be followed. The same side setback requirement for R-2 Districts shall be observed by accessory structures.
(c) Minimum design standards for PUD special use permit. In addition to the minimum design standards set forth in the zoning code, individual residential units within PUD structures must also meet these minimum criteria.
1. Maximum number of living units. The maximum number of living units in each structure shall be indicated on the preliminary plan. If the developer chooses to build fewer units than planned in any structure (which, in turn, decreases the number of individual unit lots in the structure), this shall be allowed. However, if the developer chooses to increase the number of units in any structure, the developer must submit a new application to the Planning Commission. The subdivision of parcels into lots will occur at the time of building permit issuance.
2. Common wall. For residential units owned or intended to be sold to separate owners, so that each owner owns the land, the walls between adjacent buildings shall be so constructed that, if the adjacent building was to be removed, including the contiguous wall, the wall of the remaining building will comply with all applicable structural requirements of the ordinances of the city concerning outside walls of buildings.
3. Minimum fire protection. Each wall or pair of walls between adjacent units intended or used for dwelling purposes shall have a combined fire resistance that meets or exceeds appropriate state and federal standards.
4. Common facility. Each dwelling unit shall possess individual utility service lines and metering systems. Individual utility service lines includes all plumbing and venting lines. Sewer laterals from individual units may connect to a common interceptor prior to connection to the city sewer main provided that, each lateral maintains accessibility to be inspected and/or cleaned independently at the point of interception. This point of interception must remain accessible and not covered by any structure of any type.
5. Common ingress/egress. Where ingress and egress to and from each dwelling unit is proposed through a shared access or driveway, a written instrument that provides for common access to both portions of the property (or all portions of the property as the division warrants) must be executed.
(D) PUD procedures. Each applicant requesting a PUD special use permit shall comply with the procedural requirements as follows:
(1) New developments requesting a PUD special use permit must comply with the standards set forth in Chapter 151 of this code or ordinances (if applicable);
(2) The application shall be reviewed by the Planning Commission;
(3) When meeting initially with the Planning Commission, in addition to the requirements contained in Chapter 151 the developer is also required to present the following:
(a) Plat of survey for development; and
(b) Project narrative text addressing project location, site and site characteristics, the proposed land uses and infrastructure improvements, demographics of proposed occupants, projected impacts (positive and negative), proposed project scheduling and/or phasing if appropriate, and any and all deed restrictions and/or covenants for the proposed project.
(4) Upon receiving a favorable vote by the Planning Commission, the application is then reviewed and voted on by the City Council; and
(5) Upon receiving a favorable vote by the City Council, the application is then reviewed and voted on by the Zoning Board of Appeals. The Zoning Board of Appeals has the authority to grant the special use request (see § 152.151). If the application does not receive approval of the Zoning Board of Appeals, the applicant may appeal as provided in §§ 152.150 through 152.154.
(E) Recording of approved PUD development plan. Upon approval by the Zoning Board of Appeals, the approved PUD development plan shall be signed by all appropriate authorities as designated by city ordinances and other appropriate codes and ordinances, and thereby recorded with the County Recorder of Deeds.
(F) Changes in approved plans. Any expansion of a special use involving the enlargement of the buildings, structures, and land area devoted to such shall be subject to the procedures set forth in this subchapter. After a PUD special use permit has been issued, minor changes in a development plan, excluding exceptions already mentioned herein, may be made upon application to the Zoning Board of Appeals. Major changes in the developmental plan require total review and reapplication.
(1978 Code, § 17.61.020) (Ord. 2005-1, passed - -2005)