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(A) A request for a conditional use shall be permitted to be approved, approved with conditions or denied.
(B) Each request for a conditional use approval shall be consistent with the criteria listed below:
(1) The request is consistent with all applicable provisions of the comprehensive plan;
(2) The request shall not adversely affect adjacent properties;
(3) The request is compatible with the existing or allowable uses of adjacent properties;
(4) The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed;
(5) The request can demonstrate adequate provision for maintenance of the use and associated structures;
(6) The request has minimized, to the degree possible, adverse affects on the natural environment;
(7) The request will not create undue traffic congestion;
(8) The request will not adversely affect the public health, safety or welfare; and
(9) The request conforms to all applicable provisions of this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
PLANNED UNIT DEVELOPMENT
(A) Planned unit developments (PUDS) shall be allowed by Planning Commission approval in any zoning district. No planned unit development permit shall be granted unless the development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this chapter. Compliance with this chapter in no way excuses the developer from the applicable requirements of a subdivision, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.
(B) The requirements of this chapter relating to a PUD provides a means for effecting desirable and quality development by permitting greater flexibility and design freedom than may otherwise be permitted under the chapter, and seeks to accomplish a well-balanced, aesthetically satisfying city and economically desirable development of building sites within a PUD. The requirements of this chapter relating to a PUD are established to permit latitude in the development of the building site if that development is found to be in accordance with the purpose, spirit and intent of this chapter and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the city. The requirements of this chapter relating to a PUD are intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects, and to encourage more rational and economic development with relationship to public services, and to encourage and facilitate preservation of open lands.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(A) Area. No planned unit development shall have an area less than that approved by the Planning Commission as adequate for the proposed development.
(B) Uses.
(1) A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a planned unit development which allows residential uses and shall be governed by density, design and other requirements of the planned unit development permit.
(2) Where a site is situated in more than one use district, the permitted uses applicable to such property in one district may be extended into the adjacent use district.
(C) Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(D) Design. The Planning Commission shall require the arrangement of structures and open spaces within the site development plan as necessary to ensure that adjacent properties will not be adversely affected.
(1) Density. Density of land use shall in no case be more than 15% higher than allowed in the zoning district.
(2) Arrangement. Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.
(3) Specific requirements. Lot area, width, yard, height, density and coverage requirements shall be determined by approval of the site development plan.
(E) Open spaces. Preservation, maintenance and ownership of required open spaces within the planned unit development shall be accomplished by either:
(1) Dedication of the land as a public park or parkway system; or
(2) Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws which are satisfactory to the City Council.
(F) Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the planned unit development. A planting plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed. A grading and drainage plan shall also be submitted to the Planning Commission with the application.
(G) Signs. The size, location, design and nature of signs, if any, and the intensity and direction of area or floodlighting shall be detailed in the application.
(H) Desirability. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well being of the surrounding area. It shall also be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of persons residing in the vicinity of the planned unit development.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
In carrying out the intent of this section, the Planning Commission shall consider the following principles.
(A) It is the intent of this section that site and building plans for a planned unit development shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application. The Planning Commission shall be permitted to require the applicant to engage such professional expertise as a qualified designer or design team.
(B) It is not the intent of this section that control of the design of a planned unit development by the Planning Commission be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this section that the control exercised be the minimum necessary to achieve the purpose of this section.
(C) The Planning Commission may approve or disapprove an application for a planned unit development. In an approval, the Planning Commission shall be permitted to attach such conditions as it may deem necessary to secure compliance with the purposes set forth in this chapter. The denial of an application for a planned unit development by the Planning Commission shall be permitted to be appealed to the City Council.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
The City Council, as part of the approval of a planned unit development, shall be permitted to require an applicant to make reasonable contributions including, but not limited to, any combination of the following:
(A) Dedication of land for public park purposes;
(B) Dedication of land for public school purposes;
(C) Dedication of land for public road right-of-way purposes;
(D) Construction of or addition to roads serving the proposed project when such construction or addition is reasonably related to the traffic to be generated;
(E) Installation of required traffic safety devices; and
(F) Preservation of areas containing significant natural, environmental, historic, archeological or similar resources.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(A) Approval. In order that it may approve a planned unit development, the Planning Commission shall have authority to require that the following conditions (among others it deems appropriate) be met by the applicant:
(1) That the proponents intend to start construction within one year of either the approval of the project or of any necessary zoning district change, and intend to complete said construction, or approved stages thereof, within four years from the date construction begins; and
(2) That the development is planned as one complex land use rather than as an aggregation of individual and unrelated buildings and uses.
(B) Limitations on application.
(1) Upon approval of a planned unit development, construction shall proceed only in accordance with the plans and specifications approved by the Planning Commission and in conformity with any conditions attached by the city as to its approval.
(2) Amendment to approved plans and specifications for a planned unit development shall be obtained only by following the procedures herein outlined for first approval.
(3) The Code Official shall not issue any permit for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)